January 2002 -
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 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.
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New Lawsuits and Other Developments
OCE Files Suit Against RECLAIM Facilities.
On January 8, 2002, OCE and
Communities for a Better Environment filed suit in United States District
Court for the Central District of California against facilities whose annual
NOx emissions exceeded the number of "federally-recognized" pollution
trading credits they had acquired. The suit was filed under the Clean Air
Act.
OCE comments on the Clean Air Act's New Source Review Standards. .
OCE signed
on to comments to the U.S. Environmental Protection Agency concerning its
proposed New Source Review Standards for Region IX. The EPA is proposing to
weaken the new source review standards due to pressure from the Bush
administration and the regulated industry.
OCE files Comments on California Ambient Air Standards.
On January 11, OCE
addressed comments to the California Air Resources Board on its
recently-released recommendations for revisions to the California Ambient
Air Quality Standards for Particulate Matter. The Air Quality Advisory
Committee meeting to receive public input on the staff report will be held
on Jan. 23rd and 24th.
Clean Air Community Kits available!
OCE is now distributing 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.
Anyone wishing for a kit should contact Tracey Moyer at 415-934-9600 or
email her at traceymoyer@earthlink.net
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New Team Members join OCE!
We would like to welcome Tracey Moyer to the OCE Staff. She will be working
on membership and distribution tasks.
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Donations:
OCE gets $10,000.00 Grant. We faced strong competition from more than 30
other organizations, but OCE was awarded a grant from the Steven and Michele
Kirsch Foundation to continue our work on the Muni Oversight Board. We wish
to thank the Steven and Michele Kirsch Foundation for this support.
We also wish to thank the following organizations and individuals for their
support:
Amici Cellars
Josh A. Auffret
Lisa S. Auffret
Gladwyn D'Souza
Golden Gate University
Rachelle R. Pestikas
The San Francisco Foundation
Laura L. Smitherman
Laverne Wilson
Marianne Wilson
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OCE Needs
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.
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