Become a Clean Air Advocate!
Concerned about the environment?
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April 2003 -
In This Issue:
 Our Children's Earth (OCE) Insider Update
Urgent: Members Needed!
We Win!
New Lawsuits and other developments
Media and Communications
OCE Tea
Thank You!
Donations
Become a Member
OCE is a San Francisco-based non-profit dedicated to protecting
the public, especially children, against the harmful effects of
air pollution, primarily through enforcement of the Clean Air Act.
OCE collaborates with leading clean air advocates, law clinics,
and community organizations to empower the people, and teach them
about their right to clean air and good health. We do this through
a multi-dimensional strategy consisting of education, litigation,
and advocacy.
OCE publishes a semi-monthly on-line newsletter to inform our members
and other interested individuals of our efforts.
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We need you to become a Member of OCE! As OCE continues to push
for cleaner air through enforcement of the Clean Air Act and other
regulations, we are facing a new challenge in court. Opposing attorneys
are claiming that OCE lacks "standing," a legal term meaning
that OCE does not have a stake in the cases it brings. These challenges
are underhanded attempts by attorneys representing polluters to
have our cases thrown out of court without being heard. Of course
we have a stake in the cases we bring! As our victories-- like those
listed below-- continue to mount, we expect these challenges to
increase. We need individuals to take the time to sign up NOW and
show that OCE has a strong membership of individuals who believe
we deserve to be and should be heard in the US courts. Joining is
quick and easy.
To become a member, visit our membership
page and follow the simple instructions. With your help, we
can continue to make a difference in air quality.
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We win
OCE Forces U.S. Environmental Protection Agency To Put Clean
Air Laws On The Web: For the First Time - the public and citizens
groups will have access to Clean Air Laws! OCE, represented
by the Golden Gate University Law School, Environmental Law and
Justice Clinic, 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 documents across the United States
available on the web. Under the federal Clean Air Act, states
and, in some instances, local agencies are responsible for developing
State Implementation Plans (SIPs) to meet national air quality
standards. SIPs consist of a collection of rules and plans that
set the air quality requirements for states and industry. The
federal Clean Air Act requires the SIPs to be published, but the
EPA has never published them.
OCE Forces City Of Burbank to Pay Back Monies and credits
saved by Using illegal banking and trading pollution credits. 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),
represented by George Hays, to resolve a federal Clean Air Act
citizen suit against the City of Burbank. 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.
OCE Stops Bay Area Air Quality Management District attempts
to impose cost-prohibitive Fees for nonprofit groups to participate
in hearings!: In March 2003, the Bay Area Air Quality Management
District (BAAQMD) proposed to increase the fee for public participation
in Hearing Board proceedings, inhibiting the ability of individuals
and non-profit organizations to file administrative appeals challenging
BAAQMD decisions. The proposed change would have increased hearing
board fees from a $550 flat fee to file an appeal, to $559 per
hearing day. A hearing day means each calendar day in which a
hearing takes place. In a recent case filed with the hearing board
by two environmental groups the new fees would have meant a 300
percent increase to pursue the appeal. OCE and the Environmental
Law and Justice Clinic persuaded the District to remove the "per
day" appeal fee for third parties, as well as the court reporter
fee.
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New Lawsuits and other
developments
OCE Sues Bay Area Air Quality Management District and Valero
Refining Company for use of Illegal Pollution Credits: OCE
and Communities for a Better Environment, represented by Golden
Gate University Law School Environmental Law and Justice Clinic,
sued the Bay Area Air Quality Management District (BAAQMD) and
Valero Refining Co., challenging the District's approval of Valero's
emissions plan. The plan allows the company to use previously
generated nitrogen oxides ("NOx") pollution credits
in lieu of installing pollution controls on its boilers and furnaces.
The lawsuit, filed in the Superior Court of California, alleges
that the BAAQMD made a secret deal allowing Valero to use pollution
credits to emit more pollution from various refinery boilers and
furnaces than allowed under BAAQMD rules.
OCE and Dump Diesel Coalition Discover that San Francisco
Muni is Dispatching Dozens Of Old, Unhealthy, Unreliable Diesel
Buses Daily: OCE and the Dump Diesel Coalition released a
groundbreaking survey that 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. In addition to releasing the
new survey, the Dump Diesel Coalition unveiled a mock MUNI Fast
Pass that was distributed to thousands of MUNI riders in April.
The "Toxic Pass" warns bus riders about the hazards
of old diesels and encourages them to call MUNI General Manager
Michael Burns with their concerns.
OCE Files Notice of Intent to Sue Seven Regional Water Quality
Control Boards: On March 13, 2003, OCE, represented by Chris
Sproul, filed a notice of intent to sue the San Francisco Bay
Regional Water Quality Control Board for its failure to issue
Clean Water Act (CWA) National Pollutant Discharge Elimination
System (NPDES) permits by the mandatory deadlines for permit issuance
created by federal and state law. The notice alleges that the
Regional Board has fallen seriously behind in re-issuing expired
NPDES permits. EPA records indicate that there are multiple NPDES
permits issued by the Regional Board, which have expired and which
should by have been re-issued. In some cases, these permits expired
many years ago. OCE also sent similar notices of intent to six
other boards, including: North Coast Regional Water Quality Control
Board (RWQCB), Central Coast RWQCB, Los Angeles RWQCB, Central
Valley Sacramento RWQCB, Colorado River Basin RWQCB, and Santa
Ana RWQCB.
OCE Endorses National Park Conservation Agency Transportation
and Parks Campaign: OCE endorsed an NPCA initiative that addresses
mobile source air pollution by supporting projects in and around
national parks that provide options for alternative transportation
-- transit, biking and walking -- and thus, reduce reliance on
private automobiles for transportation. As a part of this effort,
OCE will participate in future coalition activities.
OCE Comments on Proposed Amendments to BAAQMD Title V Regulations
Result in Significant Improvements in Rules: As a result of
a settlement between the U.S. EPA, OCE and CBE, as well as a voluntary
agreement by the BAAQMD, BAAQMD improved its Air Pollution Permit
rules (Title V) this month. OCE, represented by the Environmental
Law and Justice Clinic of Golden Gate University Law School, participated
in the rulemaking process by submitting comments to the BAAQMD
on two occasions, as well as testifying at the public hearings.
Among other things in this rulemaking, BAAQMD adopted a definition
of "potential to emit" that is health protective. The
final rules, with many of our changes, were adopted on April 16.
OCE Provides Comments on BAAQMD Proposed Regulations:
OCE provided comments on proposed BAAQMD Regulations concerning
Flare Monitoring at Petroleum Refineries. The comments recommended
several changes to the regulations, included further investigation,
better reporting and better enforcement of smoking violations.
OCE and ELJC also provided oral comments at a flare rule workshop.
We advocated for more stringent monitoring requirements for gas
flow to flares, more stringent monitoring of gas composition,
and that the rule should require flare video monitoring data to
be stored for a longer period than proposed in the Draft Rule.
OCE Provides Comments on Title V Permit for Shoreline Amphitheater:
OCE, represented by the Golden Gate Environmental Law and Justice
Clinic, provided primarily technical comments on the draft Title
V permit for Shoreline Amphitheater in Mountain View, California,
which is a Title V source as a facility on a large landfill.
OCE and Dump Diesel Coalition Urges San Francisco County
Transportation Authority Board Chairman to Act on MUNI Issues:
On May 1, 2003, the OCE-led Dump Diesel Coalition sent a letter
to Chairman Chris Daly to request action on several MUNI issues
at the next S.F. County Transportation Authority Board Meeting.
The issues include MUNI's failure to install agreed-upon particulate
traps; MUNI's failure to disclose the large number of old, unhealthy,
and unreliable buses that are being dispatched regularly; and
MUNI's failure to issue an RFP for alternative fuels buses. The
letter requests that the Transportation Authority Board require
MUNI's testimony and compliance on these three critical issues
at the May 20th Transportation Authority Board meeting.
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Media and Communications
OCE Executive Director Interviewed on Radio Program:
OCE Executive Director Tiffany Schauer was a guest on the Radio
Program, Jerry Kay'sWeek-in-Review. The program keeps the growing
group of radio listeners interested in environmental issues updated.
The program focuses on environmental news, the sciences, governmental
developments, environmental law as well as interviews with environmental
reporters from around the country and the world. Tiffany talked
about the NSPS Case and upcoming environmental legislation. The
interview is on the OCE website.
OCE Executive Director Attends Meetings in Washington, D.C:
Executive Director Tiffany Schauer recently visited Washington,
D.C. to coordinate with other environmental groups. During the
visit, she met with Phil Clap at National Environmental Trust
and Eric Schaeffer at the Environmental Integrity Project.
Volunteers design materials for OCE: As part of a Media
Relations Class at District of Columbia's George Washington University's
Center for Professional Development, three volunteers worked together
to design new materials for OCE public relations. These materials
will be very beneficial in communicating the OCE message to the
entire community. We would like to send a special thank you to
Rachelle Pestikas, Scott Hart and Erin Murphy for all their hard
work.
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Media Seminar
OCE to Host Media Seminar: OCE will host a Media Seminar
entitled "Powerful Press for Non-Profits on a Budget".
The event will occur on June 11, 2003 from 8:30 a.m.-12:00 p.m.
at the Sierra Club Headquarters in San Francisco. The objective
is to provide environmental non-profits with information to enable
them to get their messages to the public in an effective manner.
The event will include panels of non-profit press experts and
local journalists. For more information, visit OCE's events page. To sign up to attend the event, contact Jennifer
Burcham.
OCE Team
New Employee: Jennifer Holderness joined OCE on a part-time
basis in March 2003. Initially she is working on management /infrastructure/facility/capacity
issues. Jen worked at the United States Environmental Protection
Agency in Washington D.C. as a scientific investigator on air
pollution enforcement cases. After leaving the government, she
rose up through the ranks at GAP, Inc. to eventually manage all
quality assurance and compliance issues for GAP's national and
international manufacturing and distribution processes. Her last
position was as Assistant Director of the Gap Foundation. We are
lucky to have her to help us move OCE to next level!
Our Law Clerk Andrew Receives Grant!: As a result of
working in the non-profit sector, OCE law clerk Andrew Finkelstein
recently received a grant that pays a portion of his law school
loans. The grant, from the Widener University School of Law Loan
Repayment Assistance Program (LRAP), is a reflection of the Law
School's commitment to service in the public interest sector.
Congratulations Andrew!
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Thank You!
We would like to thank our lawyers and community partners for participating
in our recent successes:
A Walk in the Woods
American Lung Association
Bayveiw Hunters Point Community Advocates
Communities for a Better Environment
Danielle Fugere
Earthjustice Legal Defense Fund
George Hays
Golden Gate University Environmental Law & Justice Clinic
GreenAction
Latino Issues Forum
Marc S. Chytilo
National Parks Conservation Association
Natural Resources Defense Council
Reed Zars
Sierra Club
Chris Sproul
Transportation Solutions Defense and Education Fund
Union Of Concerned Scientists
Urban Habitat, a project of the Tides Center
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Donations
Hugh Grant Foundation: OCE recently received
a grant from the Hunt Foundation in the amount $3500 dollars.
Thanks to all those who made this possible.
We would like to thank the following supporters
for their generous Donations!:
Lawrence Shapiro, Brooklyn, NY
Eric Finkelstein Richboro, PA
Teresa M Olle, San Francisco, CA
Lyman C Welch, West Chester, PA
K.C. Beachy, St. Louis, MO
Bryan & Cindy Davis, Goleta, CA
Katie & Dave Minkus, San Jose, CA
Carol Biersch, Vinbur, CA
Donna J. Baez, Springfield, VA
Adam Baez, Springfield, VA
Olivia Baez, Springfield, VA
Kay E. Hefferlin, San Francisco, CA
Thanks to all of you!
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OCE Needs
YOU TO BECOME A MEMBER TODAY!
Members: Joining
is easy. Just click on our website at www.ocefoundation.org and follow the simple directions! Remember becoming a member -
sends a message that OCE's mission is important and we have a
right to be heard in government proceedings and in COURT!
TOP TEN REASONS TO JOIN OUR CHILDREN'S EARTH AND FIGHT
AIR POLLUTION
10. Smoggy air affects us all, especially kids. On code red days,
children with asthma are 40 percent more likely to suffer asthma
attacks compared with days of average pollution levels, according
to the American lung Association.
9. Common air pollutants slow children's lung development. Lung
capacities of children who breathe smoggier air tend to be smaller
than the lungs of children who breathe cleaner air, according
to a USC study.
8. Diesel school bus exhausts accounts for 10 million missed
school days every year
7. Do you know where your children are playing? The American
Lung Association (ALA) estimates that 27.1 million children are
exposed to unhealthful levels of ozone each day
6. Exposure to air pollution can actually cause children to develop
asthma. A recent study by the California Air Resources Board has
shown that children playing sports in smoggy areas are three times
more likely to develop asthma than those playing in non-smoggy
areas
5. Asthma is the country's most prevalent childhood illness.
More than 14 million Americans suffer from the debilitating decease,
according to the ALA.
4. American childhood asthma-related deaths have nearly doubled
in the past 20 years, according to ALA.
3. Indoor and outdoor air pollution have been linked to infant
mortality, bronchitis, pneumonia, aggravation of asthma, and impaired
lung function, according to the National Environmental Trust.
2. The EPA estimates that every year 60,000 premature deaths
occur due to power plant pollution and half of all Americans --
approximately 121 million -- live in areas with unhealthy air.
AND THE NUMBER ONE REASON TO JOIN OCE IS:
1. Air pollution kills nearly twice as many people as do traffic
accidents each year in the United States, and deaths from air
pollution equal deaths from breast cancer and prostate cancer
combined, according to new statistics from the World Health Organization
(WHO).
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Donations:
We are in need of additional funds to continue our work to
improve air quality nationwide. Your tax deductible donation will
enable OCE to continue to push for cleaner air for all of us.
Donating is easy. Just click on the OCE website www.ocefoundation.org/donate.html and follow the directions.\
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