 APRIL 2003
New Survey Finds MUNI Dispatching Dozens of Old, Unhealthy, and Unreliable Diesel Buses Daily
MUNI rider education campaign launched to distribute of thousands of mock "Fast Passes" in April to educate riders about the health hazards of old diesel buses.
A groundbreaking survey released today by a public health and environmental coalition found that more than 1 out of 3 MUNI diesel buses on the streets are beyond the "useful life" of a transit bus and should be retired. The survey also found that dozens of emergency-only "Reserve" buses are in fact being dispatched regularly, and that MUNI has failed to disclose that a number of 20-year-old "Gross Polluters" are still in the fleet and on the streets.
"MUNI riders should be outraged that so many of the buses we rely on to get around town are polluting the air we breathe and the San Francisco we love," said John Rizzo with the San Francisco Bay Chapter of the Sierra Club.
City of Burbank Settles Environmental Lawsuit for Pollution Trading Violations
The City of Burbank has agreed to retire 139,313 pounds of nitrogen oxides ("NOx") RECLAIM Trading credits and will spend $10,000 to improve the air within the City of Burbank. The action is part of a lawsuit settlement agreement with Our Children's Earth Foundation and Communities for a Better Environment (CBE) to resolve a federal Clean Air Act citizen suit against the City of Burbank.
"We are pleased that Burbank has stepped forward to settle this case in a way that really benefits the environment," said Tiffany Schauer, OCE Executive Director. "RECLAIM participants must be held accountable in order for the system to work."
The settlement, filed in federal court in Los Angeles, resolved a lawsuit filed in March 2002 alleging that the city emitted excess NOx by failing to comply with federally approved Regional Clean Air Incentive Market ("RECLAIM") rules.
EPA Agrees to Put Clean Air Laws on the Web
OCE reached a landmark agreement with the United States Environmental Protection Agency to make available on the web detailed federal rules adopted by states and localities for attainment and maintenance of federal clean air standards set to protect public health.
The federal consent decree lodged in the United States District Court of the Northern District of California covers rules that are applicable nationwide except for Region IX. EPA agreed in 2001 to publish Region IX rules on the Internet. As with the earlier model settlement for Region IX, EPA committed to specific deadlines for making SIP documents across the United States available on the web.
"The public has the right to know how each community will address pollution in their communities," said Tiffany Schauer, Executive Director of Our Children's Earth. "Clean air laws don't do much good if the public doesn't even know they exist."
MARCH 2003
OCE Forces Four California County Air Districts to Take Action on Overdue Permits
Four California Air Pollution Control Districts and their Air Pollution Control Officers, agreed today to take final action on more than 40 long-overdue operating permit applications no later than Dec.1, 2003, a move which will force polluters to self-report air violations. The action came in response to a lawsuit settlement agreement with Our Children's Earth Foundation.
The settlement agreements filed in California Superior Court, resolves lawsuits against the San Diego County Air Pollution Control District, the Yolo-Salano Air Quality Management District, the San Joaquin Valley Unified County Air Pollution Control District and the Placer County Air Pollution Control District and the Districts' top officers. The suits arose because the Districts failed to comply with federal law to issue the Major Facility Review permits. Many of the applications were submitted as far back as 1995 and 1996 and the District should have denied or granted the permits in 1998. Currently, more than 40 major sources of air pollution, do not have the permits and are not required to abide by compliance reporting, record-keeping and monitoring requirements that such permits would mandate. Without these requirements, the public has few ways of discovering whether these major sources of air pollution are violating clean air laws.
FEBRUARY 2003
OCE forces U.S. Environmental Protection Agency (EPA) to Fix Faulty Air Pollution Permit Program
EPA granted full approval of the 34 California part 70 operating permit programs (also known as ``title V'' permit programs) on November 29, 2001. OCE and Communities for a Better Environment filed petitions challenging EPA's approval of the Bay Area Air Quality Management District (BAAQMD) part 70 program, based on deficiencies in the BAAQMD program related to the exemption for portable equipment and the definition of "administrative permit amendment." The parties reached a settlement in December 2002. The settlement agreement outlines rulemaking actions and deadlines to be met by the BAAQMD. If the BAAQMD fails to take any of the outlined actions or fails to meet any of the specified deadlines, the settlement agreement provides that EPA will send a proposed Notice of Deficiency (NOD) for publication to the Office of the Federal Register no later than 30 days from the relevant deadline.
OCE Forces San Diego County Air Pollution Control District to Take Action on Overdue Permits
The San Diego County Air Pollution Control District and its air pollution control officer, Richard Smith, agreed to take final action on nine long-overdue operating permit applications no later than October 15, 2003, a move which will force polluters to self-report air violations. The action came in response to a lawsuit settlement agreement with OCE. The suit arose because the District failed to comply with federal law to issue the Major Facility Review permits. Many of the applications were submitted as far back as 1995 and 1996 and the District should have denied or granted the permits in 1998.
The nine long-outstanding operating permit applications include Cabrillo Power I LLC (Encina Power Plant), Duke Energy South Bay LLC, GKN Aerospace Chemtronics, ISP Alginates Inc., National Steel & Shipbuilding (NASSCO), San Diego City - Metro Wastewater & Biosolids, USN - 32nd St (SIMA), USN North Island (NADEP), USN North Island (NAS). These facilities are not required to abide by compliance reporting, record-keeping and monitoring requirements that such permits would mandate. Without these requirements, the public has few ways of discovering whether these major sources of air pollution are violating clean air laws.
OCE Forces San Joaquin Valley Unified County Air Pollution Control District to Take Action on Overdue Permits
The San Joaquin Valley Unified County Air Pollution Control District agreed to take final action on long-overdue operating permit applications no later than December 1, 2003, a move which will force polluters to self-report air violations. The action came in response to a lawsuit settlement agreement with OCE. The suit arose because the District failed to comply with federal law to issue the Major Facility Review permits. Many of the applications were submitted as far back as 1995 and 1996 and the District should have denied or granted the permits in 1998. Currently, several major sources of air pollution do not have the permits and are not required to abide by compliance reporting, record-keeping and monitoring requirements that such permits would mandate. Without these requirements, the public has few ways of discovering whether these major sources of air pollution are violating clean air laws.
OCE Forces Yolo-Solano Air Quality Management District to Take Action on Overdue Permits
The Yolo-Solano Air Quality Management District agreed to take final action on long-overdue operating permit applications no later than December 1, 2003, a move which will force polluters to self-report air violations. The action came in response to a lawsuit settlement agreement with OCE. The settlement agreement calls for the District to order certain facilities without permits to comply with many of the provisions that a Title V permit would mandate. These requirements include: A notice requiring facilities to maintain records for the next five years which will enable the District to determine the emission levels from the facilities; ensuring compliance certifications are filed in a timely manner and if they are not take actions to assure compliance; and finally, establishing a repository that will contain a information about pollution sources for public review.
NOVEMBER 2002
OCE and other Community Groups Force the San Francisco Metropolitan Transportation Commission to Increase Public Transportation Usage!
Settling the penalty phase of a lawsuit brought by OCE and other community and environmental groups, the Metropolitan Transportation Commission (MTC) delivered a $100,000 check to The San Francisco Foundation in October 2002 that will help increase low-income and minority community participation in public transit planning. Our courtroom victory in this lawsuit earlier this year requires MTC to achieve a region-wide increase in transit ridership of 15% above 1983 levels by 2006. We sued to compel MTC to implement TCM 2, a transportation control measure the agency adopted 20 years ago to meet its Clean Air Act obligations. TCM 2 requires MTC to increase transit ridership in the Bay Area by 15 percent over 1983 levels. The lawsuit was necessary because transit ridership today is only slightly higher than it was in 1983, despite a 30 percent increase in population.
OCE Forces Placer County, California, Air District to Take Action on Overdue Permit Applications
On October 22, 2002, The Placer County Air Pollution Control District ("PAPCD) and its Air Pollution Control Officer agreed to take final action on four long-overdue operating permit applications no later than Dec.1, 2003, a move that will force polluters to self-report air violations. The action came in response to a lawsuit settlement agreement with OCE. The suit arose because the District failed to comply with both federal law and the agency's own generous internal deadline to issue the Major Facility Review permits. Many of the applications were submitted as far back as 1995 and 1996 and the District should have denied or granted the permits in 1998. Currently, four major sources of air pollution, including Formica Corporation, Rio Bravo, Sierra Pacific Industries, and SierraPine Ltd., do not have the permits and are not required to abide by compliance reporting, record-keeping and monitoring requirements that such permits would mandate. Without these requirements, the public has few ways of discovering whether these major sources of air pollution are violating clean air laws.
Judge Denies City of Burbank's request to throw out OCE's RECLAIM Case
A US District Court judge denied a City of Burbank motion to dismiss a lawsuit filed earlier this year by OCE and Communities for a Better Environment (CBE), charging that the City emitted nitrogen oxide ("NOx") at its power plant without purchasing sufficient pollution credits. The Judge ruled that dismissal of the case, filed last March in Los Angeles, is not warranted at this time.
The City of Burbank filed to dismiss the lawsuit, which challenges the air pollution-trading program called RECLAIM, on three grounds. First the City argued that the Mobile Source Emission Reduction Credits, which the City used in lieu of federally approved credits, were valid. The city also challenged the Court's jurisdiction over the action, saying that the lawsuit alleges only past violations of the Clean Air Act. And finally the City contended that the US Department of Energy's orders during California's energy crisis created a conflict in federal law. The Judge denied the City's motion, ruling that factual issues are outstanding in the case.
AUGUST 2002
OCE Settlement Forces Companies to Reduce over 200,000 Pounds of Smog-Forming Pollution
Children's Earth (OCE) Foundation and Communities for a Better Environment (CBE) settled several federal Clean Air Act citizen suits against corporations for violations of a Los Angeles area pollution credit trading scheme called RECLAIM. OCE and CBE have successfully reached settlement on five similar actions brought in Los Angeles federal district court. The seven settlements, which also involve United Airlines, So Cal Gas, National Gypsum Co., Crimson Resource Management Corp., Western Metal Decorating, Fontana Paper Mills, and Van Can Co., require the elimination of more than 200,000 pounds of smog-forming nitrogen oxides ("NOx") by completion of a number of environmental improvement projects and pollution credit retirement.
OCE and other community groups force Tennessee Government to issue air pollution Permits to TVA
On June 13, The Tennessee Air Pollution Control Board agreed to issue long-overdue operating permit applications for TVA 's Kingston and John Sevier power plants by June 14, 2002. Final action on those permits must be made no later than September 16, a move which will force the plants to self-report air violations.
The action came in response to a lawsuit filed on May 13 by OCE, the Sierra Club, National Parks Conservation Association, and A Walk in the Woods. The suit was filed against the Tennessee Air Pollution Control Board and its Technical Secretary Barry R. Stephens for failing to issue federal Clean Air Act permits to some of the largest polluting power plants in Tennessee. By failing to issue the required permits for over three years, the groups maintained the State of Tennessee was failing to control pollution from TVA power plants and was depriving the public of information regarding hazardous air pollution emissions.
Judge enforces requirement for San Francisco Metropolitan Transportation Commission to increase Bay Area Public Transit Ridership
On July 22, a US District Court Judge ordered the Metropolitan Transportation Commission ("MTC") to ensure that Bay Area regional transit operators increase regional ridership 15 percent above 1983 levels by no later than November 9, 2006. This ruling marks the conclusion of a lawsuit by OCE and other community and environmental groups against MTC filed in February 2001. The groups filed to force implementation of TCM 2, a transportation control measure adopted 20 years ago by MTC to meet its Clean Air Act obligations to reduce air pollution. The suit was necessary because transit ridership today is only slightly higher than it was in 1983, despite a 30 percent increase in population. Specifically, the Court ordered MTC to:
Increase regional transit ridership by 15 percent over 1983 levels by no later than November 9, 2006.
Amend the 25-year Regional Transportation Plan and Transportation Improvement Program adopted by MTC last winter "to include a section specifying how it will achieve full implementation of TCM 2."
File quarterly reports with the Court detailing its progress in implementing TCM 2.
OCE and partners stop EPA Rubber Stamping of Bay Area Air Pollution Plan
On July 26, 2002, the Ninth Circuit Court of Appeals issued a stay of the EPA's finding of adequacy of the Bay Area's motor vehicle emissions budget, pending its review, stopping EPA from rubber-stamping the MTC proposal. The Metropolitan Transportation Commission (MTC), which allocates funding for transportation projects throughout the San Francisco Bay Area, has long been accused by critics for failing to adequately support public transit and air quality.
In March, OCE Foundation, along with Transportation Solutions Defense and Education Fund and Communities for a Better Environment, filed a challenge to EPA's determination that the motor vehicle emissions portion of the 2001 Ozone Plan was adequate. Sacramento Metropolitan and Yolo-Solano Air Quality Management Districts independently filed a challenge as well. The Ozone Plan identifies the need to reduce Bay Area emissions of volatile organic compounds by 26 tons per day, but fails to provide measures to accomplish that. The Court's granting of the stay indicates that it believes petitioners have legitimate claims. This may result in a finding that the Bay Area is not in conformity with Federal Vehicle Emissions Standards, which could effect federal highway allocations to the Bay Area.
MAY 2002
OCE forces Bay Area Air Quality Management District to issue overdue Air Pollution Permits
On May 15, 2002, The Bay Area Air Quality Management District agreed to take final action on 22 long-overdue operating permit applications no later than December 1, 2003, a move which will force polluters to self-report air violations. OCE filed the suit because the District failed to comply with both federal law and the agency's own generous internal deadline to issue the Major Facility Review permits. Many of the applications were submitted as far back as 1996 and 1997 and the District's drop dead deadline for issuing the permits was July 1, 2001. Currently, more than 22 major sources of air pollution, including refineries in the Bay Area, do not have the permits and are not required to abide by compliance reporting, record-keeping and monitoring requirements that such permits would mandate. Without these requirements, the public has few ways of discovering whether these major sources of air pollution are violating clean air laws.
EPA is Forced to Withdraw its Program Approval
The U.S. Environmental Protection Agency settled three consolidated lawsuits to end California's permit exemption for agricultural operations under the Clean Air Act. OCE, the Center on Race, Poverty and the Environment, the Association of Irritated Residents, Communities for Land, Air & Water, Medical Alliance for Healthy Air, Natural Resources Defense Council, and the Sierra Club went to court in January 2002, to bring California agriculture under the same permitting requirements as those faced by similar operations in the other 49 states. In the settlement, the EPA agreed to find that California was not implementing the Clean Air Act and will propose to withdraw its December 7, 2001, approval of California's Title V program that granted an exemption to agricultural sources of air pollution. Agriculture has been shielded from state regulation by a provision of state law that prohibits local air districts from requiring permits for "any equipment used in agricultural operations in the growing of crops or the raising of fowl or animals." No other state in the country specifically exempts agricultural operations from air pollution permitting requirements.
Settlement of this case generated news coverage nationwide, including the New York Times.
San Francisco Municipal Railway forced to increase Bay Area Public Transit Ridership
On May 14, 2002, an agreement submitted in federal court settled a lawsuit against San Francisco Municipal Railway (MUNI) by a coalition of public health, community, and environmental groups, including OCE. In the settlement, MUNI agreed to do its part to increase regional transit ridership in the Bay Area to help meet air quality goals under the Clean Air Act. A similar settlement in the same lawsuit was reached with AC Transit in February 2001. Litigation is still pending against MTC, the agency responsible for transportation planning and funding throughout the Bay Area. While MTC bears ultimate responsibility for providing the funds necessary to increase transit ridership, MUNI and AC Transit had been named in the lawsuit for failing to develop fundable projects that would significantly increase ridership.
This settlement generated media coverage that included the San Francisco Chronicle and Bay City News.
OCE forms coalition to force Alternative Fuel Buses for Bay Area
On May 23rd, the San Francisco Municipal Transit System (Muni) presented the results of a recently-completed Alternative Fuels Pilot Program to the San Francisco Board of Supervisor's Transportation Committee. In the report Muni came out against purchasing compressed natural gas (CNG) buses because of incomplete emissions testing and poor performance on the hills. The report concluded that additional testing was needed for at least 18-24 more months before Muni could make any recommendation regarding an alternative fuels program.
In response to this report, OCE organized several environmental, health, and community advocacy groups into a coalition (Dump Diesel Coalition) for purpose of lobbying the Board of Supervisors to hold Muni more accountable for its continued delay tactics. During the meeting, the Supervisors used a list of pointed questions prepared by Coalition to poke holes in Muni's arguments regarding both performance and emissions. Additionally, members and friends of the coalition testified at the hearing about the health and environmental impacts of diesel emissions in the Bay Area. In response to the intense questioning and testimony in favor of CNG buses, Michael Burns, the head of Muni, was forced to make two key commitments to the Transportation Committee: 1) The next bus order from Muni will be some form of alternative fuel bus; 2) Muni will complete its analysis of which type of alternative fuel bus in six months rather than 18-24 months.
This is a big win for OCE and the rest of the Coalition, but we won't rest on our laurels. Next up is the Transportation Authority meeting on June 17th. This group has funding authority over Muni so we are hoping to get a resolution passed that restricts all additional bus funding to alternative fuel vehicles.
JANUARY 2002
OCE Forces Reversal of High Cancer Risk Standard for Diesel Engines.
The Bay Area Air Quality Management District has agreed to rescind its high cancer risk standard for diesel engines that would have increased cancer risk tenfold. The action came in response to a lawsuit settlement agreement with OCE. The suit arose when the District adopted a diesel policy that increased cancer risk from the previously allowed 10-in-one-million to 100-in-one-million without any public involvement. Our Children's Earth alleged that this backroom adoption of the diesel policy violated California law, which requires the District to hold public hearings and accept public comment before adopting any pollution control.
This win resulted in coverage for OCE on national and international radio. Stories aired on December 27, 2001 on KQED, KCBS, KPFA, and KGO. The story also aired on international NPR.
Judge Upholds Mirant Potrero Peaker Settlement Despite State Objection
A Federal Judge has upheld a settlement agreement requiring Mirant Potrero LLC to cease operating its Potrero power plant peakers outside of their permitted levels. Judge Phyllis Hamilton ruled that the settlement agreement, contained in a consent decree filed with the United States District Court for the Northern District of California, be entered despite objections from the State of California. The ruling stemmed from a June lawsuit filed on behalf community groups Our Children's Earth, Bayview Hunters Point Community Advocates, and Communities for a Better Environment. Mirant reached a settlement agreement with the community groups last October, but the State of California objected saying that the ruling would limit the Governor's options in the remote case that transmission lines supplying power to San Francisco go down.
California Energy Commission (CEC) Votes Not to Continue Relaxed Standards for New Power Plant Licenses.
In the last insider update, we reported that the CEC was considering whether to continue to license power plants under the fast-track provisions of Governor Davis' emergency executive orders. Under the fast-track provisions, health and environmental protection procedures are eliminated from the power plant licensing process. OCE and other community groups represented the public at the CEC meeting, demanding that the CEC not continue this unhealthy, unjust and unnecessary licensing process, as conservation and wholesale price caps have proven to be the best short-term measures for addressing the energy crisis. On December 5, 2001, the Commission voted not to review any more facilities pursuant to the relaxed standards.
DECEMBER 2001
OCE Watchdogging Forces Bay Area to Levy Unprecedented Fine
OCE has been watchdogging the Bay Area Air Quality Management District for some time by attending variance hearings and commenting on requests by companies in violation. For the first time, the BAAQMD levied unprecedented excess emission fees for a variance granted to a company named Vertis. Variances had been regularly rubber-stamped without consideration for the consequences on air quality.
OCE and Community Group Protests End Relaxed Standards for New Power Plant Licenses in California
Under the guise of the energy crisis in California, Gov. Gray Davis had issed an emergency executive order that effectively eliminated health and environmental protection procedures from the power plant licensing process. The California Energy Commission (CEC) had been considering whether or not to continue such practices. OCE and other community groups represented the public at the CEC meeting, demanding that the CEC not continue this unhealthy, unjust and unnecessary licensing process, as conservation and wholesale price caps have proven to be the best short-term measures for addressing the energy crisis. On December 5, 2001, the Commission voted not to review any more facilities pursuant to the relaxed standards.
OCE Forces Reversal of High Cancer Risk Standard for Diesel Engines
The Bay Area Air Quality Management District has agreed to rescind its high cancer risk standard for diesel engines that would have increased cancer risk tenfold. The action came in response to a lawsuit settlement agreement with OCE. The suit arose when the District adopted a diesel policy that increased cancer risk from the previously allowed 10-in-one-million to 100-in-one-million without any public involvement. Our Children's Earth alleged that this backroom adoption of the diesel policy violated California law, which requires the District to hold public hearings and accept public comments before adopting any pollution control.
Federal Judge Upholds OCE Settlement with Mirant Potrero, LLC
A federal judge upheld a settlement agreement requiring Mirant Potrero LLC to cease operating its Potrero power plant peakers outside of their permitted levels. Judge Phyllis Hamilton ruled that the settlement agreement, contained in a consent decree filed with the United States District Court for the Northern District of California, be entered despite objections from the State of California. The ruling stemmed from a June lawsuit filed by OCE, Bayview Hunters Point Community Advocates, and Communities for a Better Environment. Mirant reached a settlement agreement with the community groups last October, but the State of California objected saying that the ruling would limit the Governor's options in the remote case that transmission lines supplying power to San Francisco go down.
NOVEMBER 2001
OCE Suit Results in Increased Public Transportation Ridership Plan
In February 2001, OCE joined several other Bay Area non-profits in filing suit against the Bay Area's Metropolitan Transportation Commission (MTC). On November 9, 2001, U.S. District Court Judge Thelton Henderson declared that the Metropolitan Transportation Commission (MTC), with the cooperation of the Bay Area's six major transit operators, must increase Bay Area public transit use by 15 percent above 1983 levels. The Court found that MTC is not in compliance with a transportation control measure designed to increase ridership on public transit and help clean the region's air. MTC admitted it adopted a 15 percent ridership increase target, but denied responsibility for actually reaching it, an argument the court called "disingenuous."
OCTOBER 2001
OCE Lawsuit Forces Mirant Power Plant to End Permit Violations
In June 2001, OCE, along with Bayview Hunters Point Community Advocates and Communities for Better Environment, filed suit against Mirant Potrero, LLC, for alleged violations of the Clean Air Act arising from Mirant's plans to run its "peakers" in excess of permitted hours by the BAAQMD. The peaker units burn distillate oil, which produces significantly dirtier emissions than natural gas, including toxic air contaminants. On October 31, 2001, Mirant agreed to cease operations of its Potrero peaks outside of permitted levels, and agreed to make a payment of $105,000 to the San Francisco Foundation designated for projects that create clean air benefits in Southeast San Francisco.
JUNE 2001
OCE forces the EPA to Withdraw a Consent Decree with BP Exploration
In June 2001, OCE requested that a settlement agreement between BP Exploration, the EPA and the Justice Department be voided. OCE argued that the consent decree sets a dangerous national precedent because it is inconsistent with the Clean Air Act. As a consequence, the government withdrew the decree. The government has now issued a new notice of violation specifically describing the violations at issue in the case. This result will impact all future EPA cases, in that the government will now provide adequate notice to provide the public with a fair opportunity to comment on these back door deals.
MARCH 2001
OCE Uncovers 1,275 Unenforced Air Pollution Violations at the BAAQMD
After discovering that there are 1,275 outstanding air pollution citations at the Bay Area Air Quality Management District (BAAQMD), OCE, in conjunction with the ELJC, sued the BAAQMD for refusing to inform the public about the details of these citations. Less than two weeks after extensive local media coverage of the lawsuit, the BAAQMD fined Chevron $242,500 for over 200 outstanding citations.
OCE Successfully Petitions EPA to Reject Bay Area's Defective Clean Air Plan
OCE, as part of a strong coalition of community and environmental groups, was successful in its attempt to convince the EPA to disapprove the Bay Area Clean Air Plan. The Coalition urged the EPA to disapprove the plan because it was not designed to attain national ozone standards. The rulemaking resulted in State and local air quality and transportation agencies committing to improved science, further emissions reductions, and greater public involvement in future plans.
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