Become a Clean Air Advocate!
Concerned about the environment?
Right now, OCE is offering a Special Introductory Membership.
|
December 2001 -
In This Issue:
 We Win! - Recent OCE Victories
New Lawsuits and Developments
New OCE Team Members
Donations - Thank You's
OCE Needs
We Win!
OCE Uncovers 1275 Unenforced Air Pollution Violations at the Bay Area Air
Quality Management District.
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 and
ELJC will continue to pursue outstanding citations and will use this lawsuit
to force details about citations into the public eye.
Mirant Power Plant Agrees to Stop Permit Violations.
OCE, along with
Bayview Hunters Point Community Advocates and Communities for Better
Environment, filed suit against Mirant Potrero, LLC. Mirant owns and
operates a power generation facility in the Potrero neighborhood of San
Francisco. The lawsuit alleged violation of the Clean Air Act arising from
Mirant's plans to run its "peaker" in excess of the number of hours of
operations which they are permitted by the BAAQMD. The peaker units burn
distillate oil, which produces significantly dirtier emissions than natural
gas, including toxic air contaminants. The complaint sought to stop Mirant
from violating its current permit.
Not only did Mirant agree to cease operating its Potrero power plant peakers
outside of their permitted levels, but also said it would make a mitigation
payment of $105,000 to the San Francisco Foundation designated for projects
that create clean air benefits in Southeast San Francisco.
MTC Ordered to Increase Public Transportation Ridership.
OCE joined several
other Bay Area non-profits in filing suit against the Bay Area's
Metropolitan Transportation Commission in February 2001. 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." The
Court "rejects Defendants' argument that TCM 2 requires only adoption of the
target but not the target's achievement."
OCE Watchdogging Forces BAAQMD Hearing Board to Levy Excess Emission Fees on
Company.
For the first time, the BAAQMD levied unprecedented excess
emission fees for a variance granted to a company named Vertis. This sort
of action had never before been taken by the Air Board, and was the direct
result of OCE and ELJC monitoring. Vertis requested a variance for excess
emissions as a result of a defect in equipment they were having repaired.
After OCE comments in the hearing, the Board approved the variance, but with
conditions, one of which was that the company must pay excess emissions
fees.
US EPA Disapproves Bay Area's Defective Clean Air Plan.
OCE, along with
Bayview Hunters Point Community Advocates, Communities for a Better
Environment, Latino Issues Forum, Sierra Club, Transportation Solutions
Defense and Education Fund, and Urban Habitat Program, a project of the
Tides foundation, 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.
Top
New Lawsuits and Other Developments
OCE Challenges Los Medanos Operating Permit.
On October 9, 2001, OCE and
Californians for Renewable Energy (CARE) petitioned the Administrator of the
U.S. Environmental Protection Agency (EPA) to object to issuance of the
Title V Operating Permit for Los Medanos Energy Center. We are charging
that the permit, proposed for issuance by the BAAQMD, does not comply with
national statutes and regulations, threatening the integrity and public
participation element of the permit program.
OCE Challenges BAAQMD Rule on Diesel BUGs.
OCE filed suit against the Bay
Area Quality Management District, challenging a new rule adoption to permit
diesel back up generator (Diesel BUG) operation, increasing the allowable
cancer significance level by 10%. The increase violated the California
Environmental Quality Act threshold of significance. Our suit seeks to
reduce the allowable cancer significance levels, and create a rulemaking
process permitting more public participation in the District's Clean Air
Plan.
OCE Files Intent to Sue TVA for Clean Air Act Violations.
OCE and the
Sierra Club recently filed an notice of intent to sue for violation of the
Clean Air Act at TVA's Kingston Fossil Plant in Roane County, Tennessee, and
TVA's John Sevier Fossil Plant in Hawkins County, Tennessee. The suit, to
be filed 60 days after the notice of intent, will allege that TVA, in its
operation of the John Sevier and Kington facilities, has regularly violated,
and continues to violate the 20 percent opacity limit in the Tennessee State
Implementation Plan. The violations result in emission of excess harmful
air pollution.
OCE commenting on relaxed standards for new Power Plant Licenses.
On
Wednesday, November 14, 2001, the California Energy Commission (CEC) met in
Sacramento to consider whether to continue to license power plants under
fast-track provisions of Governor Davis' emergency executive orders that
effectively eliminated health and environmental protection procedures from
the power plant licensing process. OCE represented the public at that
meeting. A coalition of health, environmental, and community groups
testified to demand 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.
The CEC held the issue until its December 5, 2001 meeting. It is expected
that developers will appear in force at that time. OCE, as part of the
coalition representing the public, will again attend the hearing.
Clean Air Community Kits to be distributed.
OCE recently completed the
printing and compilation of 1,000 Clean Air Community Kits, containing
information on air pollution, its effects, and ways for communities and
individuals to be involved in helping to reduce it. These Kits will be
distributed in Bay Area communities over the next several months.
Top
New Team Members join OCE!
We have added four new team members to OCE over the past few months:
Jennifer Burcham is the OCE media contact, and is also involved in
fundraising and membership activities.
Karen Burcham is involved in fundraising and membership activities.
Serena Yang is updating the OCE website.
Danielle Droitsch is involved in membership activities and events in
Tennessee.
Top
Donations:
We want to say "thank you" to the organizations and individuals
named below for their generosity and support.
Robert and Melissa Abbe
Amy Adamson
Anonymous
As You Sow Foundation
Naheed Attari
Gregory and Juli Baier
Paul Cunningham
Martin and Jill Dodd
Graham and Bianca Green
Sherry Harkins
Vince Hoenigman
Jennifer and Howard Holderness III
Rosey Jencks
Will Kushner and Mardi Dier
Christian Lagier
Harry and Lisa Lewis
Andy and Molly Mercy
Karen and Kim Schoknecht
Jeffrey and Denise Shields
Jeremy and Brenda Wagner
Jeffrey and Paige Wycoff
Top
Looking for Air Advocates: OCE needs your help! As we represent citizens
in National litigation efforts, we need a strong membership base across the
United States. We are seeking citizens who are concerned about the quality
of the air we breathe and who are willing to join an organization dedicated
to fighting for cleaner air for ourselves and our children. Joining OCE is
easy. Just go to www.ocefoundation.org/membership.html and follow the
simple instructions. If you know anyone who might be interested in becoming
an Air Advocate, please forward this update. Together, we can make a
difference to air quality.
Office Space: OCE currently has office space. We are rapidly growing out
of these quarters. We are looking for a larger office space in the downtown
area. If you know of any such space, please contact Brian
Shepard at 415-699-1542.
|
