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Posts Tagged ‘judge’

The Administrative Law Judges (The Judges) who heard the case against the proposed Tenaska Coal Fired Power plant ruled Friday that Tenaska’s air permit should not be granted as it stands!

“The Administrative Law Judges (ALJs) have concluded, based on their review of the evidence and applicable law, that Tenaska failed to meet its burden of proof to demonstrate that the emissions limits proposed in its Draft Permit will meet the requirements for Best Available Control Technology (BACT) and Maximum Achievable Control Technology (MACT).  The ALJs recommend that the Commission adopt more stringent emissions limits as indicated below.  Alternatively, the ALJs recommend that the Commission deny the Application or remand the matter for further evidence regarding BACT and MACT.”

While we all know there is no such thing as “clean coal” Tenaska claims that they would be one of the cleanest around, yet the judges recommended lower limits for almost every pollutant that Tenaska would emit.

The proposed Tenaska coal plant, if built, would be a 900 MW coal plant that would emit:

Citizens pack a town hall in Abilene - the majority are against the proposed plant.

Sulfur Dioxide: 2,183 tons/year; Nitrogen Oxide (forms Ozone):1,819 tons/year;Particulate Matter:1,092 tons/year;Mercury: 124 lbs/year.

We commend the Judges for following the law and working to make sure the Clean Air Act is followed.  The important thing to remember, folks, is that this is a “recommendation” to the Texas Commission on Environmental Quality (TCEQ), not a binding ruling.  So when the TCEQ commissioners make the decision on the Tenaska air permit they will have the opportunity to do the right thing for the health of Texans and deny the air permit!

We don’t need another coal plant in Texas.  Instead we should be investing in renewable energy technology like wind and solar which Texas is so ripe for!

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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 arePublic Citizen Texas.

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The TCEQ ruled today on the air permit for the proposed Las Brisas pet-coke plant in Corpus Christi. The good news is they didn’t grant the permit (yet), instead they remanded the permit back to the State Office of Administrative Hearings on a number of issues. However, they refused to acknowledge some of the most important aspects and requirements of the process (like a case-by-case analysis of the hazardous air pollutants) and practically ignored the recommendations of the administrative law judges and even their own staff – who have all recommended that this permit be denied.

TCEQ should have sent Las Brisas packing – they should have outright denied this joke of a permit, or at the least made them restart the permitting process from square one. Instead we have the same old story from TCEQ. They have shown once more that their primary interest is to allow industries to pollute irresponsibly and not, as it should be, to protect the people and environment of Texas from unnecessary pollution.

The video below is of the press conference held yesterday, which also talked about revisions to water quality standards – another mistake TCEQ is in the process of making. Visit Sierra Club’s website for more on that. Stay tuned to Texas Vox for more info on the Las Brisas case – the video footage of today’s proceedings will be up by tomorrow and will include responses from the protestants in the case including locals from Corpus Christi.

[vimeo 12988286]

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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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This week the Texas Commission on Environmental Quality received a recommendation from two administrative judges denying the air permit for the proposed Las Brisas Energy Center in Corpus Christi.  The decision is a ray of hope in the battle to prevent the petcoke plant from showering the citizens of Corpus Christi with harmful pollutants including nitrogen oxides, sulfur dioxide, mercury, and lead.

Set to be built in the Inner Harbor of Corpus Christi, the petroleum coke-fired power plant would cost nearly $3 billion.

Petcoke piles along the ship channel in Corpus Christi

The recommendation was issued following two weeks of testimony and nearly two months of private deliberation between the judges.  Reasons for their decision against the permit were that the company:

  • failed to perform analysis on maximum achievable control technology to be used for its boilers
  • failed to properly account for second emissions
  • failed to properly account for emissions from material handling
  • improperly adjusted the moisture content of the petroleum coke handled at the Port of Corpus Christi in violation of state and federal guidance, resulting in unreliable emissions modeling (more…)

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