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Posts Tagged ‘EPA’

Original post can be found at our sister blog, Citizen Vox.

How much does a pro-pollution amendment cost? From the looks of recent reports about the relationship between Sen. Lisa Murkowski (R-Alaska) and a big energy lobbyist, at least about $35,000. That’s how much Duke Energy, Southern Co. and their executives gave to Sen. Murkowski’s campaign and leadership PAC so far in the 2009-2010 election cycle, according to the Center for Responsive Politics.

It’s no surprise then that Jeffery Holmstead, a registered lobbyist for clients Duke Energy and Southern Co., had extraordinary access to Murkowski – access to help craft an amendment to allow his clients to continue polluting. The amendment proposed by Sen. Murkowski would gut key provisions of the Clean Air Act. The Washington Post reports that Holmstead (also a former top official at the Environmental Protection Agency under George W. Bush) and another lobbyist, Roger Matella, were very hands-on in drafting the amendment:

In an interview, Holmstead said of the Murkowski amendment, ‘I certainly worked with her staff’ on the exact phrasing of the measure in September.

The Obama Administration has moved forward to regulate pollutants that cause climate change using the Clean Air Act. This critical step to rebuild our economy with clean energy, and to protect our health and our climate from global warming and pollution is under attack by the big polluters. And they have friends in high places.

As early as Wednesday, Jan. 20, the Senate could vote on the “Murkowski amendment” to prohibit the U.S. EPA from using the Clean Air Act to regulate carbon dioxide emissions. She may attach the amendment as a “rider” on a bill that has nothing to do with climate. Tyson Slocum, head of Public Citizen’s Energy Program said, “This amendment is all about letting fossil fuel polluters keep their outrageous profits and continue business as usual.”

Of course, the big polluters also have deep pockets. It’s obvious that Murkowski has wrapped herself up with big energy lobbyists and their money. She has received by far the most money from electric utilities and big oil – at least $389,313 so far since 2009. In fact, she’s the top recipient of contributions from the energy industry.

This kind of pay-to-play politics is not new to Washington or Murkowski, but it is the reason the public holds little faith that members of Congress are representing their interests. The story is the same whether the issue is climate change, the financial crisis or health care reform – big industry fuels elections and the policy falls far short of what the American people want and need.

To remove the appearance of corruption, Murkowski should give back the $35,000 and any other contributions she has received from clients of Holmstead and Matella. But if she really wants to show Alaskans that she values representative democracy over pay-to-play politics, then she should become a part of the solution to the underlying problem. She should support an alternative to the current corrosive electoral system and become a co-sponsor of the Fair Elections Now Act. This bill would allow candidates for Congress to run without taking a dime over $100 from individual supporters.

But then again, a fair system with real accountability might make it tougher for polluters to prevail. It might not appeal to Murkowski and her big oil buddies, but it sure sounds like a good idea to us.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Great editorial in the Dallas Morning News this weekend. We couldn’t agree more 🙂

Editorial: Texas, a state of denial on pollution rules

To the surprise of no one, the Environmental Protection Agency announced tougher ozone limits this week. The move to tighten pollution standards had long been anticipated as evidence mounted to illustrate the serious health risks associated with smog exposure.

In Texas, a state with notoriously dirty air, the appropriate response from leaders would be to get to work. Significant changes must be made to comply with federal rules – not to mention, to protect the people who live here.

But instead of getting started, too many state leaders just got angry. They seemed shocked – shocked! – that the EPA would dare abide by the science showing significant consequences of allowing a less stringent standard.

Gov. Rick Perry stuck with his three-pronged approach to environmental regulations: deny, deflect, pout.

In his statement, the governor denied the need for tougher ozone limits, somehow conflating smog rules with carbon dioxide regulations and suggesting that flawed science spurred this week’s announcement.

In fact, scientists have found that ozone exposure damages our lungs and is linked to heart and respiratory illnesses. Smog can be deadly. By lumping ozone standards in with climate change legislation, Perry only confuses the issue.

The governor also deflected suggestions that the state has less than pristine air. He focused on Texas’ modest anti-pollution efforts, ignoring the fact that our skies are still dangerously dirty.

And Perry pouted, arguing that the EPA has made Texas workers and taxpayers a target. Some of Perry’s allies have echoed that idea, asserting that the new administration has been hostile to the state.

The EPA is not picking on Texas.

The same pollution standards will apply to every state. Inhaling smog-choked air is a dicey proposition, no matter where folks live.

Admittedly, complying with the new rules will be tougher for Texas than many other states. That’s because years of plugging our ears, closing our eyes and pretending that new pollution rules weren’t looming did not leave Texas in a state of preparedness.

Implementing the lower ozone limits will come at a cost. But, the EPA notes, the new rules should yield comparable savings by reducing illnesses, emergency room visits and lost work days resulting from ozone-related symptoms.

The state now must get started on a serious ozone reduction strategy. Deny, deflect, pout doesn’t seem to be working.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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EDITOR’S NOTE: At this rate, we may actually finish reviewing the year in blog 2009 by the end of January 2010– just how we wanted to start the year!!  But… stuff keeps happening…. and we can’t blog! Or we have to blog about the important, breaking news stuff!  So, sorry for dragging this out, but we hope you’re having fun reminiscing as much as we are blogging about it.

5. The Little Climate Bill That Couldn’t

We had high hopes coming into 2009.  Congressmen Waxman and Markey were hard at work on draft legislation that they promised would meet scientific standards on climate change.  They had even collected signatures from the majority of their caucus on principles that they would build off of. And those principles were pretty good.  So was Obama’s proposed budget, which showed they had revenue plans starting in 2012 of a 100% auction of CO2 credits- a 100% auction being the method that most agree brings quicker pollution reductions and is also, according to the EPA, the least regressive method of implementation.  Hey, anything that hurts poor people the least is what we want to do, right?

WRONG. Clearly, you think differently than the majority of the US Congress.

Then Waxman and Markey released their draft legislation – our reaction was not pretty. Texas Congressmen had been complicit in weakening the bill away from the standards of the original principles.

Good Points:

  • AMAZING building code and appliance standards for energy efficiency
  • Good long term (2050) and short term (2020) goal for carbon reduction (still needed to be improved to what science calls for- but a good start)
  • Had a renewable energy mandate and an efficiency mandate: we’d get 20% of our power from renewables by 2020 and increase energy efficiency by an additional 10%.

Bad points

  • Well… all of those goals could be bigger.
  • No language on how the carbon credits would be auctioned or allocated.  Nada. Left to be decided later. Like a “scene missing” slide in a Nine Inch Nails video that gets crazier and scarier as time goes on….

And then the hearings on the bill started.  In typical fashion, climate denier troglodytes like Texas’ own Joe Barton tried to slow down the proceedings– by insisting that the entire bill and its amendments be read aloud before the committee.  Because of this unprecedented demand, the House Energy and Commerce Committee simply hired a speedreader.

[youtube=http://www.youtube.com/watch?v=j_SB7g_Yb-0]

If only that had been the extent of the funny business with the bill… but both behind closed doors and by amendment in the committee, the climate bill got gutted.  First, special giveaways to the nuclear industry. Then to the coal industry. Then decreasing the renewables and efficiency goals by almost half.  Then offsets language that guaranteed that polluters would be able to continue to pollute above the cap– meaning in a bill whose primary purpose is to make sure we curb pollution so we don’t fry the planet, our emissions might actually GO UP, not down. And the bill passed the House Energy and Commerce Committee, its largest hurdle, but by then it had been incredibly compromised.  Our immediate reaction was:  follow the money (ad this remains the single best explanation of what happened to the climate bill to date, imho– it also helps that I wrote it).

But they weren’t done with the gutting of the bill yet…

Then special giveaways to the agribusiness industry. And finally, the coup de grace, they stripped the EPA of their authority to regulate greenhouse gases through the Clean Air Act.

During all of this, we were trying our best to stand up for ordinary Texans against these corporate interests– you may have seen us at the King William Parade in San Antonio, telling San Antonio’s Congressman Gonzalez, “Sorry Charlie, Bailouts Aren’t Green.”  I think aside from crashing the Energy Citizens Rally this was the most fun I had all year.

We were, to say the least, conflicted.  We REALLY REALLY REALLY wanted a climate bill.  But what we got was a climate disaster.  The Waxman-Markey Bill, co-authored by your special interest friends, passed on June 28.  Ugh.  It’s like sending out a birth announcement of a really, really ugly baby.  Or opening a beautifully wrapped present you thought was the perfect gift but finding instead the world’s ugliest Christmas sweater.  Disappointment? That’s not strong enough.  To use the parlance of our day: #EPIC FAIL.

The Senate side hasn’t fared much better.  Despite a decent framework from Senators Kerry and Boxer (it really needs to be improved, but it could be worse) passing through the Senate Environment and Public Works Committee (partisan knuckledraggers, led by Denier-in-Chief James Inhofe, actually boycotted the hearings and the vote), it has yet to be worked on by the Senate Finance Committee (who, you may have heard, was REALLY busy working on some bill having to do with health care.  It didn’t get much media coverage, so you may have missed it. </sarcasm>)

Meanwhile, others felt that both the Boxer bill and the Waxman-Markey bill were DOA in the Senate, so a tri-partisan group of Sens. Lindsey Graham (R-SC), John Kerry (D-MA- look! I got my name on TWO climate bills this Congress!), and Joe Lieberman (I-CT) have said they would develop their own climate bill.  No word yet on their framework (a draft could come any day now), but, unfortunately signs are pointing to “not good”.  It seems the only thing the three of them can really agree on is more pork for nuclear.

However, the EPA in December issued an endangerment finding for greenhouse gases, the next step in actually regulating them, as they were ordered to do in 2007’s Massachusetts v EPA Supreme Court case.  So a year that began on a hopeful note went bad, then worse…. but ended with a little ray of sunshine.  Here’s to a New Year’s Resolution of ACTUALLY passing a climate and clean energy bill that can ACTUALLY fight climate change and create more clean energy. And just like that New Year’s Res to lose 10 pounds, this year we REALLY mean it!

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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In response to the EPA’s announcement today of a proposed rule for tougher ozone standards, Governor Perry and his appointee to the TCEQ, Bryan Shaw, have been blowing a lot of smoke and hot air about what the rule would mean for Texas.  Specifically, Perry and Shaw have stated incorrectly that the rule did not take cost-benefit analysis into account, and that it will do nothing more to protect human health.

Current standards for ozone are not protective of human health – in fact, the current rule ignored the recommendations of the EPA’s own scientists, and that is why Obama’s EPA has reconsidered it.  In their decision to propose the rule, EPA reviewed more than 1,700 scientific studies and public comments from the 2008 rulemaking process – studies and comments that were simply ignored by the Bush Administration.  The new rule will save lives, reduce cases of aggravated asthma, and avoid unnecessary hospital and emergency room visits.  All things considered, the proposal will yield health benefits between $13 Billion and $100 Billion, with an implemented cost of $19 – $90 Billion – information which can be clearly found in the EPA’s press announcement today.  It sounds like Governor Perry and Bryan Shaw were taking notes today from oil and gas profiteers scared they’ll have to pay for the devastation they’ve wreaked on Texas’ air rather than sound science and the facts.

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Just following up on our post yesterday that the EPA was going to announce a new air quality standard limiting ozone pollution: they did it!

The United States Environmental Protection Agency today proposed the strictest health standards to date for smog…The agency is proposing to set the “primary” standard, which protects public health, at a level between 0.060 and 0.070 parts per million (ppm) measured over eight hours.

For those of you who, like me, loathe decimals, that’s the same as 60-70 parts per billion(ppb). The previous standard was 75 ppb, a threshhold that failed to protect human health.  Ground-level ozone, also known as smog, is linked to a number of health problems such as asthma, and is especially dangerous for those with heart, lung or circulatory problems.  Children are especially at risk.

Yesterday I noted that “the proposed rule would strengthen the Bush administration’s ozone standard, which did not meet scientific scrutiny or standards to protect public health.” But that statement doesn’t tell the whole story (because I didn’t know the whole story at the time — you learn something new every day).  The fault with the current standard doesn’t lie with scientists — EPA scientists actually recommended a stricter standard, those recommendations were ignored when the final rule was set. According to the Washington Post,

Under Bush, EPA officials had initially tried to set a lower seasonal limit on ozone to protect wildlife, parks and farmland, as required under the law, but Bush forced the agency to abandon that proposal just before it announced the new standards.

The proposed rule will now undergo a 60-day comment period, after which it will be published in the Federal Register. The EPA will also have three public meetings on the proposed rule, one of which will be in Houston Feb. 4th.

So what does the new rule mean for Texas? I touched on a bit of that briefly yesterday, but for now I’ll defer to my boss (as he spoke to KERA radio):

That means… we are going to have to find new ways to reduce pollution. It may mean shutting down cement kilns and some plants… It may mean changing some of the ways we drive and getting more efficient automobiles, plug-in-hybrids on the road more rapidly.

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Today Texas environmentalists, legislators, and medical practitioners wait with bated breath for an announcement from the EPA about a new air quality standard for ozone pollution.  The proposed rule would strengthen the Bush administration’s ozone standard, which did not meet scientific scrutiny or standards to protect public health. Now that scientists have demonstrated that ozone is harmful at lower quantities than previously thought, the EPA will announce a revision to their ozone rule so that the threshold of ozone concentration where cities enter “non-attainment,” or violating the rule, is lower.

Three major metropolitan areas in Texas are already in non-attainment of the less-protective standard: Dallas/Fort Worth, Houston/Galveston, and Beaumont/Port Arthur.  As a result of the new rule and lower threshold, several other areas could now be in risk of non-attainment: Austin, Tyler/Longview, San Antonio, Corpus Christi, and Waco.  Reaching non-attainment status has some serious consequences for cities, such as losing federal highway funds.

In August of this year the new rule will go into effect, after which time the Texas Commission on Environmental Quality (TCEQ) will submit a State Implementation Plan (SIP) to the EPA.  The SIP plan will more or less be a road-map to stay within the new standards and drastically reduce ozone pollution.  The SIP is really where the good news comes into play, because to stay in line with higher standards Texas will need new pollution controls, clean energy alternatives and transportation choices.

Oh, Santa, you shouldn’t have!  This is a much better gift than the coal we got in our stocking in the form of the Oak Grove Coal plant going on-line just days before the new year!

But there’s also a chance that this new ozone standard could ALSO give us a new opportunity to stop the coal rush.  Pollution from coal plants is one of the largest single sources of ozone, so a really awesome super-smart SIP plan could potentially give us the chance to review existing clunkers and gum up the works for new plants. Oh I hope I hope I hope!

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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The November/December edition of Public Citizen News, a bi-monthly newsletter distributed to Public Citizen members, featured this article on our statewide “Roll Beyond Coal” Tour.  Since not all of you out there get the newsletter, I thought I’d share:

‘Roll Beyond Coal’ Tours Texas

By Geena Wardaki

It’s not often that you lug a 20-foot-tall inflatable “coal plant” around Texas to protest dirty coal-fueled power plants.

But that’s exactly what Public Citizen and the Lone Star Chapter of the Sierra Club did in September.

The “coal plant” served as a powerful image that drove home the message to “clean up dirty power plants now,” which the groups delivered to Texas residents during the “Roll Beyond Coal” tour.

The groups visited Texas communities where proposed coal plants would be built and met with local grassroots and citizen organizations.

The two-week tour, which was part of Public Citizen’s Coal Block campaign, stopped in Waco, Dallas, Abilene, College Station, Corpus Christi, Bay City, Houston and Austin. Texas residents turned out in crowds of varying sizes to show their support and protest with the tour at each stop.

“The biggest cities actually had the smallest response,” said Ryan Rittenhouse, Coal Block campaign director for Public Citizen’s Texas office. “The largest turnouts were from grassroots movements where the issue is more local, smaller towns where proposed coal plants would be built and whose residents would be directly affected.”

Area demonstrators included members of T.P.O.W.E.R. (Texans Protecting Our Water Environment and Resources) from Waco, the No Coal Coalition from Bay City, the Multi-County Coalition from Sweetwater and the Clean Economy Coalition from Corpus Christi.

“Roll Beyond Coal” had two main objectives: one, to show support for the Environmental Protection Agency’s (EPA) recent finding that the Texas Commission on Environmental Quality’s (TCEQ) rules for granting permits to new coal plants do not comply with the federal Clean Air Act; and two, to push the EPA to stop  the TCEQ from granting any permits for or allowing the operation of any new coal-powered plants and from issuing any new air pollution permits. TCEQ currently issues “flex permits,” which allow coal plants to sometimes exceed emissions as long as they don’t go over their total emission caps for the year. Eleven coal plants are proposed or under construction in Texas, more than any other state in the country.

The “Roll Beyond Coal” tour also educated people about federal climate change legislation making its way through Congress (H.R. 2454). Concern exists that new climate change legislation will grandfather proposed or newly built plants, allowing the plants to avoid the proposed emissions standards. (Senate climate change legislation also would enable new plants to be evade emission control standards for a decade.)

Public Citizen told residents to call and write Texas Sens. John Cornyn (R) and Kay Bailey Hutchison (R), and urge them to vote against the grandfathering of new coal plants in the climate change legislation. (Visit www.coalblock.org to see how you can e-mail these senators, too.)

“The ‘Roll Beyond Coal’ tour was an important and entertaining way to reach out to Texas residents and get them engaged and involved in blocking dirty coal power plants,” Rittenhouse said.

“Now, people need to let their lawmakers know that coal plants should not get special treatment in any climate change legislation.”

Geena Wardaki is a Public Citizen communications intern.

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Sixty seconds doesn’t seem like a lot of time; however, there are lots of things that can be done in sixty seconds or less.  For instance, an average adult can type 38 to 40 words and blink between ten and 30 times every sixty seconds (sometimes simultaneously).  Furthermore, an elite distance runner can run about 180 steps every sixty seconds and the world’s fastest rappers can recite over 723 syllables in even less time.

There are a lot of things an average person can do in sixty seconds or less in their everyday life that will, more or less, benefit the earth.  So here it goes…

  • Switch out your light bulbs to ones that are more energy efficient.

Remember that every time you turn on a light in your home or office you send a message to the power grid, demanding more energy.  In America, 301 million people share the same power grid.  That’s five percent of the world’s population, inevitably sucking up a quarter of the earth’s energy. Over half of the grid is powered by coal plants alone, which are the nation’s number one culprit for greenhouse gas emissions and other pollutants.  The Environmental Protection Agency (EPA) estimates that, for every kilowatt hour of electricity generated by a coal-fired plant, 1.43 lbs of greenhouse gases are released into the atmosphere.  In Texas, 144 lung cancer deaths and 1,791 heart attacks a year are attributed to pollution from power plants. Switch to energy efficient light bulbs and cut the amount of energy you use by two-thirds.

  • Conserve water by turning off your faucet when brushing your teeth or taking less time in the shower.

The average American family consumes around 300 gallons of water everyday. This works out to be 495,000 gallons per person every year.  What boggles my mind is the fact that there are about 1.2 billion people in the world who don’t have access to clean, portable water and here we are overestimating the frugality of our supply.  We have to realize that water is fast becoming the world’s ultimate commodity, and water conservation is the most cost-effective way to reduce our demand for it.

There are several quick and easy things you can do in your home or change in your daily routine to conserve water.  First, you can simply cut your shower time by 60 seconds or more.  If every member in your family does the same, you can end up saving 200 to 300 gallons a month.  Also, if you are a fan of hot showers and hate the first 60 seconds or so of cold water that first escapes the showerhead, you can use a container to catch the cold water and save it for when you want to water plants or rinse your vegetables.  Second, turn off your faucet when you are brushing your teeth or shaving, and don’t leave the water running when you’re washing dishes—fill one of your sinks for rinse water instead.  These simple acts can save three gallons of water in one day alone.

  • Read your product labels.

The production and distribution of all kinds of clothing have a tremendous impact on the environment.   Wool comes courtesy of sheep, whose herds are known to burp and err… otherwise emit methane—a greenhouse gas that is almost 20 times more powerful than carbon dioxide. In countries like New Zealand, methane is fast becoming the most potent greenhouse gas.  Researchers for the United Nations now believe that livestock industries are a major contributor to climate change—being responsible for more greenhouse gas emissions than cars are.  Furthermore, the method of growing cotton is extremely petrochemical-intensive.   About ten percent of all agricultural chemicals in the United States are used to produce cotton, which is grown on just one percent of all major agricultural land.  The process of growing cotton requires 110 pounds of nitrogen fertilizer per acre.  At the end of the day, the use of these synthetic fertilizers and soil additives can wreak havoc on our soil, water, and air supply–leading to oxygen-less deadzones or even acid rain.  Some popular fashion outlets like H&M are now carrying lines of eco-friendly garments, including those made from organic cotton.  Green is the new black; be aware of where your clothes come from and how they are made.

As for the ever popular subject of organic food…

One may enjoy biting into the more conventional, juicy fuji apple—truly nature’s candy, and some say the sweetest apple in town; however, the organic gala apple is just as good as the former, but better for you and for the environment.  It’s true that organic food products are almost always more expensive than the more conventional fruits and vegetables; although, it would only be fair to point out that organic farming is a major player in the effort to combat global warming.  Birthed during the organic movement of the 1930s and 1940s, today organic farms cover a mere 0.8% of the total farming area in the world. Many people don’t realize the great benefits organic farming offers to our land, lives, and livelihood.  Aside from its major contribution of reducing carbon dioxide emissions (done by sequestering carbon in the soil), organic farming also (1) cuts production cost by 25% to 30% for farmers, (2) reduces soil erosion by up to 50%, (3) has a positive effect on the ecosystem and groundwater supplies, and (4) preserves the original nutritional content of food, giving consumers a healthier and fresher substitute.

  • Reuse and Recycle: refill your water bottles and separate your trash.

Ever buy a bottle of water before working out at the gym, or have a bottle of water with your lunch?  Have you ever contemplated the existence of that bottle of water and how it can affect the environment, even after you have used it?

The United States is the largest consumer of bottled water in the world, with Americans chugging a little less than seven billion gallons in 2004 alone.  It takes one and a half million barrels of oil a year to produce the part polyethylene terephthalate plastic bottles made in the U.S.  That’s enough oil to fuel 100,000 cars commuting into downtown Austin daily (this is also another issue that needs to be tackled).  Globally, it takes more than two and a half million tons of plastic per year to make water bottles.  This is a process that requires a whole lot of energy and, in the end, leaves us with heaps of unwanted plastic waste worldwide. Now, I’m not saying to boycott bottled water.   I am just saying that if you do purchase bottled water—and do so frequently, don’t throw the bottle out right away.  You can reuse the bottle—refilling it with water from the tap or water fountains.

Furthermore, by taking 60 seconds to put your newspaper, tuna can, or salsa jar into a separate recycling bin you can ultimately save humanity years in environmental damage.  About 60% of the household trash thrown away everyday can potentially be recycled.

  • Say something!

Probably one of the simplest things an individual can do to bring awareness to green issues and hopefully effect change is to speak up and say something.  You can talk to the manager of your local supermarket and ask that they carry more organic products.  You could call or email your local representative to speak about environmental issues that affect your family, neighborhood, city, or state.

60secondsWhy not take 60 seconds out of your day to save the earth?

Yours truly,

Ashlie Lynn Chandler

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Las Brisas Energy Center, a proposed pet coke power plant, is still in the midst of a protracted permitting process which most recently has taken the form of a state hearing. Opponents have claimed that projected pollution from the proposed plant has been under-estimated by engineers. Testimony ended in the hearing last Thursday, and closing statements have been ordered by January 22. At this time, the two judges, Craig Bennett and Tommy Broyles, will have 60 days to issue a recommendation to the Texas Commission on Environmental Quality (TCEQ), which will ultimately make the final decision. The hearing ended with testimony from Joseph Kupper, an engineer, who was not able to confirm his calculations concerning the particulate matter projected to come from the plant.

Las Brisas might be seen as one battle in the conflict which has been escalating between the EPA and the current Texas air permitting program.

Dr Al Armendariz was scheduled to give testimony in this hearing on November 6th; however, he did not appear due to his recent appointment as Regional EPA Administrator. Dr Armendariz was appointed by Lisa Jackson just the day before. He most recently was a faculty member at Southern Methodist University in the Environmental/Civil Engineering department and has been an outspoken critic of past EPA oversight in Texas.

Dr Al Armendariz

Now, as concerned citizens, Dr Armendariz claims we should worry that “Texas has allowed big utilities and industry to operate any way they want to for decades.” We hope for the best as Dr Armendariz takes on this job with the EPA, which he is already getting on with – some say that by the end of the month the EPA will most likely “declare that Texas’ air permitting program lacks adequate public participation and transparency.”

The EPA sees three areas in which Texas fails to meet standards:

1) Public participation and transparency, which do not adhere to Clean Air Act regulations.

2) Flexible air permits given to many industrial operations (including the Fayette power plant).

3) Greenhouse gas emissions, recently brought into regulation under the Clean Air Act.

So best of luck, Dr Armendariz. If we let the numbers, facts and models speak for themselves, Texas could certainly be a cleaner place for all.

J Baker

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Statement of Tyson Slocum, Director, Public Citizen’s Energy Program

*Note: Tyson Slocum is delivered this statement today at a public hearing held by the U.S. Environmental Protection Agency on regulating greenhouse gas emissions from new and existing industrial facilities under the Clean Air Act.

As we approach the 40th anniversary of the Clean Air Act, it is appropriate for the Environmental Protection Agency (EPA) to use this law for the agency’s most important and challenging task yet: solving climate change. Decades of success using the act to make America’s communities cleaner and safer can serve as a model of how to tackle climate change.

Public Citizen supports the development of strong, science-based regulations to sharply reduce greenhouse gas emissions from power plants, oil refineries and other “smokestack” emitters responsible for 70 percent of our nation’s emissions of pollutants that cause climate change. The EPA has emerged as the only arm of the federal government with the credibility to solve climate change, as Congress thus far has produced deeply flawed legislation that provides billions of dollars in financial giveaways to polluters while failing to fix our corporate-controlled energy system, which contributes to unsustainability and pollution.

Most unsettling is the fact that climate legislation passed by the House of Representatives would end the ability of the EPA to regulate greenhouse gas emissions under the Clean Air Act. Public Citizen understands why polluters’ lobbyists have tried to eviscerate the EPA’s authority: Because they know that the agency now is largely shielded from the influence of corporate special interests and can therefore concentrate on formulating the regulatory solutions to climate change based on science, not politics.

As world leaders prepare to meet in Copenhagen next month to discuss how nations can work together to solve climate change, the eyes of the world will look not to Congress, but to the EPA for leadership. Public Citizen strongly supports the agency’s efforts to use the full extent of the Clean Air Act to implement science-based regulations to sharply reduce America’s greenhouse gas emissions from new and existing industrial sources.

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Environmental Groups Applaud EPA Choice

New Regional Administrator could signal change in direction for polluted state

DALLAS – Environmental advocates across several states are applauding the Obama Administration’s choice of Dr. Al Armendariz to lead Region 6 of the Environmental Protection Agency, which includes Texas, Louisiana, New Mexico, Oklahoma and Arkansas. Armendariz, an engineering professor at Southern Methodist University, has worked with diverse constituencies ranging from corporations to citizens groups and has published dozens of studies on myriad environmental issues throughout his career. His appointment garnered high praise from the environmental community.

“Our region has typically provided a haven for some of the worst polluters in the country, and has paid a steep price,” said Tom “Smitty” Smith, Texas Director for Public Citizen. “I believe the appointment of Dr. Al Armendariz signifies a new direction for Region 6.”

In an effort to make sure EPA Administrator Lisa Jackson and the White House chose a strong environmental leader for Region 6, about twenty prominent advocates signed on to a list of principles that they hoped would guide the appointment. Dr. Armendariz was one of two candidates the groups endorsed for the position. Their list of qualities for an ideal administrator included a commitment to environmental justice and science-based policy, minimal ties to industries regulated by EPA and a strict adherence to the President’s Executive Order on Ethics, which was intended to prevent conflicts of interest between lobbyists and government agencies.

“Al Armendariz demonstrates the kind of vision, integrity and grassroots approach to enforcing environmental law this region needs if we’re truly going to clean up our act,” said Jeffrey Jacoby, Program Director at the Texas Campaign for the Environment (TCE). “He embodies the ‘Principles for Environmental Leadership and Real Change’ we believed should guide this appointment.”

Indeed, many within the environmental community see appointment of Armendariz as indicative of a new approach for the regional EPA.

“We are thrilled with Dr. Armendariz’s appointment,” said Luke Metzger, Director of Environment Texas. “After eight years of the Bush EPA, it’s a new day for Texas’ environment. Move over polluter lobbyists, science and human health are in charge now.”

In addition to environmentalists, some within the business community were also pleased with Obama’s choice. Former Austin City Councilmember Brigid Shea, now principal and co-founder of an environmental consulting firm, stated, “As a businessperson who’s concerned about the environment, it’s time this region got someone who understands that we can have both a healthy environment and a strong economy, that the two are not at odds.”

Dr. Armendariz will take over for Acting Region 6 Administrator Larry Starfield. During his tenure, he will face a number of pressing environmental challenges, including potentially overseeing the implementation of federal climate change legislation, bringing metropolitan areas in Texas into compliance with the Clean Air Act and working to clean up toxic “hot spots” along the Gulf Coast.

“Texas needs a tough air enforcement chief at EPA 6 Dallas like Dr. Armendariz who’s willing to tackle head on the state’s serious air quality challenges with large urban areas like Dallas and Houston failing to meet new ozone standards, and who is willing to require Texas to clean up its large dirty coal plants and refineries,” stated Dr. Neil Carman of the Sierra Club’s Lone Star Chapter.

Environmental justice activists from communities across the state are also hopeful that the appointment of Dr. Armendariz will benefit Texans living directly adjacent to polluting facilities

“The Executive Order 12898 on Environmental Justice is a document that looks good on paper, but in the real world EPA’s office of Environmental Justice has at times sided with industry over our communities; and pollution problems in poor communities have gotten worse, not better,” said Suzie Canales, Executive Director of Corpus Christi-based Citizens for Environmental Justice. “Now under Armendariz, we have real hope that environmental justice issues will be a serious priority to the agency.”

Many environmental justice groups endorsed Armendariz from the beginning of the Regional Administrator selection process, citing his commitment to science, his understanding of the issues and his dedication to enforcing the spirit of environmental laws such as the Clean Air and Clean Water Acts.

“Dr. Armendariz is exactly the kind of person you’d want to have this job, but seemingly never gets it,” said Jim Schermbeck, long-time Field Organizer with Downwinders at Risk. “Because of what’s at stake and the fact that Texas is the belly of the polluter beast, this may be one of the most important, far-reaching appointments the Obama Administration makes. Downwinders at Risk is proud to have been the group that first utilized Dr. Armendariz’s expertise for our cause of cleaning up the Midlothian cement kilns back in 2005. That work lead directly to his becoming the premier ‘citizen’s scientist’ in Texas on air pollution, and paved the way for his much larger influence on the state scene. Congratulations to both Dr. Armendariz and the EPA.”

As enthusiastic as environmentalists are about the appointment, they also promised to hold Dr. Armendariz accountable to the people affected by pollution issues in the five-state region. “As outstanding as Dr. Armendariz has been on paper and in interviews, we’ll be watching to make sure he walks the walk,” says Jacoby, who works in TCE’s Dallas office, “Remember, Al, my office is right down the street.”

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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round upThe Texas Progressive Alliance celebrates the start of early voting for the 2009 elections with its always on time weekly blog roundup.

Human tragedies are mounting in the Barnett Shale as study after study shows high levels of toxins in the air. The only ones who can’t seem to find anything wrong are the regulators. TXsharon asks, “Will the EPA intervene in Texas?” at Bluedaze: DRILLING REFORM FOR TEXAS.

Why did the US forcibly detain a Mexican human rights advocate? CouldBeTrue of South Texas Chisme wants to know.

Bay Area Houston says Tort Reformers in Texas suck.

The Texas Cloverleaf presents the Kay Coward Bailey Hutchison plan for health care mediocrity.

Off the Kuff takes a look at Cameron Todd Willingham’s supposed confession, and finds the evidence for it lacking.

WCNews at Eye On Williamson states that no matter what you hear Transportation schemes are continuing, despite “death” of the TTC. EOW also had a guest post this week on the PEC, Pedernales Electric Cooperative (PEC): Who’s Electing Your Board Representative?.

“Other big names” may enter the Republican primary for governor if Perry and Hutchison can’t get their acts together, according to a right-wing talker in D-FW and passed along by PDiddie at Brains and Eggs.

WhosPlayin posted an update on gas drilling in Lewisville, and also breaks the story that a local group is looking to ban smoking in public places in Lewisville.

refinish69 reopens Doing My Part For The Left with the latest installment of his series Homesless in Austin-An Insider’s View Part 7.

Mean Rachel got to see President Obama speak in College Station on Friday.

We have known for a long time that Governor Perry is a bottom feeder, but letting an innocent man die and then refusing to get at the truth about his execution? Well, I would not want that on my conscience. Let Libby Shaw bring you up to speed in his posting, All the Good Hair on the Planet Won’t Make the Cover Up Go Away.

Neil at Texas Liberal ran a picture he took this week of the confluence on White Oak Bayou and Buffalo Bayou in Downtown Houston. This spot, important in the founding of Houston, is still a place of connection. If connection could be found in the hot and Hell-like Houston of 175 years ago, we can find connection even in tough circumstances.

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Environmentalists may soon find a powerful ally in big business.  Some of the United States’ top corporations are now rallying together in support of climate and energy reform, after finally realizing the severity of climate change and the negative effects of global warming on our society.  Several Fortune 500 companies, including GE, Johnson & Johnson, HP, eBay, and the Gap, have joined together to form two core coalitions.  The groups—armed with million dollar advertising budgets—plan to nudge Washington toward the passing of comprehensive climate change legislation.  Participating business executives claim that “many businesses, and the overall economy, would eventually benefit from the new law.”

This week, an assemblage of over 150 entrepreneurs, investors, manufacturers, and energy providers—under the banner of the We Can Lead business group—will march to Capitol Hill to show their support for energy legislation such as this year’s American Clean Energy and Security Act.  The attendees will receive media training, go to policy briefings, and have the opportunity to meet and greet with key policy makers.  The main message for the event?  A climate bill is good for the earth, AND good for business.

Contrary to popular belief, not all businesses are alarmed by the alleged high costs of a new climate bill.  Some 28 companies and green groups, including United Technologies and the Nature Conservatory, are paying a pretty penny in advertising to publicly voice their support of energy reform.  The seven-figure campaign will be launched this Tuesday and, hopefully, other companies will take note and realize that there aren’t sufficient financial reasons to fear a climate bill.

Exelon Corp. is one such company participating in both the advocacy events on Capitol Hill and the allied advertising campaign.  As the largest nuclear power company in the nation, Exelon made waves earlier this month when the company left the U.S. Chamber of Commerce.  The company claims the two bodies simply did not see eye-to-eye on climate change issues.  Exelon is not alone in its flight from the Chamber.  California’s PG&E Corp. and New Mexico’s PNM Resources also announced plans last week to disband from the national business alliance.  Most recently, Apple pulled out and Nike relinquished its spot on the group’s board of directors.  The latter also claims its views on climate change differ drastically from those of the Chamber; however the company plans to retain their membership and continue their efforts toward new climate change legislation.  Much of this disapproval came directly after the Chamber publicly challenged positive findings from the federal EPA concerning the regulation of greenhouse gas emissions by the Clean Air Act.

Built at the peak of a major Republican decade, some would say that the U.S. Chamber of Commerce is a mostly conservative, antiregulatory lobbying group.  Now that Washington seems to be swaying to the liberal side—essentially becoming more populist and green, the major faces of big business are skeptical of being associated with institutions as such.

According to the U.S. Chamber of Commerce website, the group hopes to promote five core principles in regards to climate change.

Any legislation or regulation introduced must:

  1. Preserve American jobs and competitiveness of U.S. industry;
  2. Provide an international, economy-wide solution, including developing nations;
  3. Promote accelerated development and deployment of greenhouse gas reduction technology;
  4. Reduce barriers to the development of climate-friendly energy sources; and
  5. Promote energy conservation and efficiency.

The group’s stance on global warming legislation is currently and constantly publicly disputed by various parties on the big business roster, including their former members.

From the We Can Lead two-day rally in Washington to the powerfully proclaimed ‘pro-climate bill’ advertising campaigns; from the recent exodus of corporate icons from the U.S. Chamber of Commerce to the overall vocal support for climate change legislation.  It seems as if corporate America and the American public alike view climate change as a business worth investing in.

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I was outraged when I heard Jim Rower’s response to Lesley Stahl’s question on 60 Minutes on Sunday, the 4th: “We shouldn’t get rid of coal,” said the power industry lobbyist. People like him don’t quite understand the risk caused by waste that results from burning coal, or they might just simply ignore it.

This is an issue that has not been addressed and covered much by the media ,which is disturbing when you know how much coal combustion waste impacts our lives. A 2007 report about the EPA’s Human and Ecological Risk Assessment of Coal Combustion Wastes, stresses the fact that waste from coal combustion such as fly ash, bottom ash, and slag do pose risks to human health.

For humans exposed via the groundwater-to drinking- water pathway, arsenic in CCW [coal combustion waste] landfills poses a 90th percentile cancer risk of 5×10-4 for unlined units and 2×10-4 for clay-lined units. The 50th percentile risks are 1×10-5 (unlined units) and 3×10-6(clay-lined units). Risks are higher for surface impoundments, with an arsenic cancer risk of 9×10-3 for unlined units and 3×10-3 for clay-lined units at the 90th percentile. At the 50th percentile, risks for unlined surface impoundments are 3×10-4, and clay-lined units show a risk of 9×10-5. Five additional constituents have 90th percentile noncancer risks above the criteria (HQs ranging from greater than 1 to 4) for unlined surface impoundments, including boron and cadmium, which have been cited in CCW damage cases, referenced above. Boron and molybdenum show HQs of 2 and 3 for clay-lined surface impoundments. None of these noncarcinogens show HQs above 1 at the 50th percentile for any unit type.

This is a risk and a struggle for a lot of people. As it shows in 60 Minutes, people who reside in water areas that are exposed to coal ash, they are advised to not swim or drink from the water. Also, those people are at higher risk of being wiped out by coal ash spills like the one of the Kingston Fossil Plant in Tennessee.

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You might think that since many of us don’t live in such areas, it shouldn’t be our concern. But it should be because many companies, in order to spend less on coal waste disposal,  recycle it. Coal waste is used in the manufacturing of carpets, cement, asphalt, tile, sinks and other, as some misleadingly call them, “green products”. All of these products put us in direct exposure to these toxics.

It is time to voice out our opinions against the usage of coal to produce energy. It poses major risks in many areas of the country, especially Texas that has 17 existing coal plants and 11 proposed or already under construction. People’s lives shouldn’t be jeopardized when we know we can use sources of energy that are cleaner and better for us and our environment.

Note: You can watch and comment on the Leslie Stahl’s 60 minutes piece by clicking at this link

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Yesterday marked the end of a State-Wide “Roll Beyond Coal” press tour of Texas coal plants. This tour has seen representatives from Public Citizen of Texas and Sierra Club travel across the state visiting communities which would be impacted by proposed coal plants and meeting with local organizations. This was all in a bid to support recent bold action from the Environmental Protection Agency (EPA) concerning the coal plant permitting process of the Texas Commission on Environmental Quality (TCEQ) and to request that the EPA take further steps to create a moratorium on the permitting or operation of any new coal-powered plant (Texas currently has 11 in either the pending, permitted or under-construction phase).

The crux of the matter is the discrepancy between the TCEQ permitting standards and the Federal Clean Air Act. The TCEQ is responsible for the permitting process of coal plants in Texas. For some time now the TCEQ has been issuing what it calls ‘flex permits,’ which essentially allow individual polluters to emit over the limits of the Federal Clean Air Act, as long as the aggregate pollution of an umbrella of regional sources is below the allowed level. In summation: “EPA ruling claims Texas’ air permitting standards are so flexible and record keeping so vague that plants can circumvent federal clean air requirements [emphasis added].” I suppose these ‘flex’ permits are aptly named.

Here are some of the steps the EPA should take as it reviews the relevant TCEQ policies over the coming months (taken from the Texas Sierra Club web site, where you can take action and contact the EPA):

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1) Halt any new air pollution permits from being issued by the TCEQ utilizing the TCEQ’s current illegal policy.

2) Create a moratorium on the operations of any new coal fired power plants in Texas until the TCEQ cleans up its act by operating under the Federal Clean Air Act.

3) Require companies to clean up their old, dirty plants – no exemptions, no bailouts, and no special treatment by reviewing all permits issued since the TCEQ adopted its illegal policies and require that these entities resubmit their application in accordance with the Federal Clean Air Act.

(Read this blog concerning plans to “grandfather” Texas coal plants, where you can also contact Texas senators about these issues)

The tour visited communities in Waco, Dallas, Abilene, College Station, Corpus Christi, Bay City, Houston, and concluded today in Austin. The travelers included a giant coal plant float and local protestors at each site, attracting much local media attention. I’ve included some of the media links below:

9/23: WFAA (Dallas)

9/29: Corpus Christi Caller Times

9/29: KRIS-TV (Corpus Christi)

09/30: KIII-TV (South Texas)

09/30: Houston Press

10/01: TheFacts.com (Brazoria County)

This is a long-overdue first step taken by the EPA, and it now needs to be followed by some decisive and bold action in the coming months.

J Baker.

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