December 2003-January 2004 -
In This Issue:
 About OCE
OCE Continues to Represent Your Environmental Views
OCE Sues US EPA for Failing to Issue Long-Overdue Water
Permits to Oil Platforms
OCE Joins Suit to Block Mercury Emissions from Proposed
Coal-Fired Power Plan
OCE Opposes EPA's Elimination of Industry Monitoring Requirement
OCE is working to protect YOU and YOUR kids' Future
OCE provides San Francisco Mayor with environmental priority
paper
OCE, Dump Diesel Coalition Convinces San Francisco Board
of Supervisors to Place Referendum on Ballot
OCE Makes Sure the Public is Informed about Mercury Risks
OCE Opposes Oil Refinery's Request to Circumvent Air Pollution
Regulations
OCE works to ensure government air pollution plans have
integrity
OCE Staff News
OCE Lawyer - a Star?!
OCE representative attends DC meetings
OCE is Working with Our Partners to Leverage Resource
We would like to thank our lawyers and community partners
for participating in our recent successes
If you believe in what OCE is DOING - PLEASE HELP
US!
We would like to thank all members and donors for their
general SUPPORT!
OCE Receives Grant from the Richmond, VA Community Foundation
OCE Advances to Next Level of Matching Grant Application
You Can Become a Member
OCE needs your help in our work to make our air
cleaner through enforcement of clean air laws at all levels!
You Can Donate
Volunteer
Become a Member Recruiter
OCE is a non-profit dedicated to protecting the public, especially
children, against the harmful effects of air pollution, primarily
through enforcement of the Clean Air Act. Our view is that our country's
environmental laws are great laws - if they were implemented and
enforced. OCE is in the trenches providing an integral check on
the democratic system - making the system work!
OCE collaborates with leading clean air advocates, law clinics,
and community organizations to empower individuals, families, communities
and other groups and teach them about their right to breathe clean
air. 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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OCE continues to represent your
environmental views
OCE Sues US EPA for Failing to Issue Long-Overdue Water Permits
to Oil Platforms: OCE, Santa Barbara ChannelKeeper, and Get
Oil Out organization filed a lawsuit against the U.S. Environmental
Protection Agency, Administrator, Michael Leavitt, and Regional
Administrator, Wayne Nastri for failing to issue permits which
govern the discharge of pollution into the Pacific Ocean.
The suit alleges that the EPA has failed to issue and finalize
clean water permits to twenty-two-oil exploration and drilling
platform facilities located off of the coast of Southern California.
The permits, called National Permit Discharge Elimination System
permits, govern the discharge of pollutants into public waterways.
OCE Joins Suit to Block Mercury Emissions from Proposed Coal-Fired
Power Plant: OCE, Montana Environmental Information Center
and Environmental Defense filed a formal appeal to a coal-fired
power plant's air pollution permit with the Montana Department
of Environmental Quality in December. The appeal to a proposed
two-unit, 780 megawatt pulverized power plant in Helena, Montana
alleges that the air pollution permit violates the Clean Air Act
of Montana and the Administrative Rules of Montana, because it
allows the power plant to emit too much mercury. Coal burning
power plants are the largest source of airborne mercury emissions
in the United States. Mercury emissions from power plants are
ultimately deposited in lands and water bodies, and have been
proven to cause brain defects in developing fetuses.
OCE Opposes EPA's Elimination of Industry Monitoring Requirement:
OCE signed on to comments in opposition to an EPA proposal that
would eliminate the requirement that industry perform monitoring
sufficient to determine whether or not it is complying with federal
air pollution laws.
The comments are in response to a proposed settlement of a
lawsuit brought by industry groups. As part of the settlement
EPA has agreed to completely change its interpretation of Title
V of the Clean Air Act. In the past, EPA has always maintained
that the Clean Air Act requires permits for industrial facilities
to include monitoring sufficient to allow the public and federal
and state agencies to determine whether or not the facility is
in compliance with clean air requirements. Under the settlement,
EPA would change its interpretation of the statute by taking the
position that permits need only require facilities to undertake
monitoring "more than one time" every five years. This
is clearly not enough monitoring to track whether or not a facility
is complying with the law.
The comments, drafted by the Environmental Integrity Project argued
that EPA's proposed settlement is: (1) illegal because Title V
of the Clean Air Act requires monitoring sufficient to assure
compliance, and monitoring two times every five years is not sufficient
to assure compliance; (2) illegal because Section 114 of the Clean
Air Act requires "enhanced monitoring" and by changing
its rules, EPA is failing to implement this requirement; and (3)
another example of the Bush administration sacrificing public
heath.
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OCE is Working to Protect You
and Your Kids Future!
OCE provides San Francisco Mayor with environmental priority
paper: OCE, on behalf of the Bay Area Clean Air Task Force,
submitted a brief summary of some of the priority air quality
issues throughout San Francisco and the region to San Francisco
Mayor-elect Gavin Newsom.
The paper advised Newsom of several environmental issues that
should be addressed in San Francisco. The following issues were
highlighted: Reducing Power Plant Pollution and Closing Dirty
Power Plants; Reducing Diesel Pollution; Improving the Accessibility
and Use of City Transit; Limiting Cruise Ship Pollution; Reducing
Toxic Pollution; Protecting Our Most Vulnerable Populations; Ozone
Attainment and Increasing City Acquisition of Clean, Green Vehicles.
The Bay Area Clean Air Task Force is made up of several environmental
groups including: OCE, the American Lung Association, Natural
Resources Defense Council, Sierra Club, Union of Concerned Scientists,
and Bayview Hunters Point Community Advocates.
OCE, Dump Diesel Coalition Convinces San Francisco Board
of Supervisors to Place Referendum on Ballot: OCE and the
Dump Diesel Coalition convinced the Board of Supervisors to place
Proposition 1, the Healthy Air Enforcement Act of 2004, on the
March 2 ballot. The proposed ordinance would require the San Francisco
Municipal Railway to replace all of its pre-1991 diesel buses
in a series of deadlines before 2007. The Dump Diesel Coalition
includes; OCE, American Lung Association, BayView Hunters Point
Community Advocates, GreenAction, NRDC and the Union of Concerned
Scientists.
Related Media Coverage: San Francisco Chronicle December 6, 2003
OCE works Makes Sure the Public is Informed about Mercury
Risks: OCE joined a coalition of other environmental, health,
faith-based, dental and minority groups asking the Dental Board
to immediately approve the Fact Sheet brochure that tells patients
about the risks of mercury fillings, and get it to the patients.
The Watson Law, enacted 11 years ago, and the Figueroa Amendment,
enacted in 2001, mandate that the Dental Board write a Fact Sheet
stating the risks of mercury fillings, and that dentists give
it to every patient. The Fact Sheet tells consumers that so-called
silver fillings are 50% mercury; it tells parents and pregnant
women that mercury may damage the developing brain of a child
or fetus; and it tells future mothers and fathers that mercury
can cause birth defects.
OCE Opposes Oil Refinery's Request to Circumvent Air Pollution
Regulations: The BAAQMD finalized the Title V permits for
the five Bay Area refineries (and the Valero Asphalt plant - which
is adjacent to the Valero Refinery but permitted separately) on
December 1, 2003. On December 2, 2003 the Valero Refinery and
the Valero Asphalt Plant filed applications for variances with
the BAAQMD Hearing Board. The applications request variance relief
from a few specified terms of the facilities' Title V permits
and also seeks open-ended variance relief from potentially numerous
unspecified conditions. On December 22, 2003 ELJC requested that
OCE be allowed to intervene in the variance proceedings for Valero
Refinery and Valero Asphalt Plant. The Hearing Board will consider
our application for intervention on January 29, 2004 and the variance
hearings are scheduled for March 11, 2004.
OCE works to ensure government air pollution plans have integrity: OCE submitted a letter to the Bay Area Air Quality Management
District and the California Air Resources Board asking the agencies
not to withdraw portions of the 2001 SIP from its submittal to
the US Environmental Protection Agency. The letter warned the
agencies that withdrawal of portions of the SIP would "compromise
SIP adequacy and enforceability," and reiterated that "these
cornerstones of the Act must not be casually disturbed."
Others groups submitting the letter were Transportation Solutions
Defense and Education Fund and Communities for a Better Environment.
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OCE Staff News
OCE representative attends DC meetings: Our Washington,
DC-based communications advisor, Jennifer Burcham regularly represents
OCE at the National Air Heads meetings in Washington. The group,
made up of national groups concerned with environmental air issues,
meets bi-weekly to discuss current US Congressional topics that
affect air quality throughout the country.
OCE Lawyer - a Star?! : OCE outside Counsel Chris Sproul
was featured in an independent movie that will be premiered in
San Francisco Saturday, January 24th, at 4 p.m. The film is about
this woman "Cali" (short for "California")
who goes on a reality television show. She tries to decide which
gubernatorial candidate to vote for by going out on dates with
them. Chris is one of the candidates in the film. Georgy Russel
is one of his co-stars. (She was the Silicon Valley candidate
who made pretty big news by selling thong underwear on her website
as a campaign fundraising tactic). The screening location is the
Delancey Street Screening Room at 600 Embarcadero in San Francisco.
OCE Advances to Next Level of Matching Grant Application: OCE was advanced to the next stage of a fellowship competition
from Equal Justice Works. Equal Justice Works, a Washington, DC-based
non-profit organization will provide a lawyer to OCE that will
allow us to complete the Air Pollution Community Involvement Project.
This project seeks to enforce specific portions of the Clean Air
Act through citizen involvement, administrative advocacy and citizen
lawsuits. The project has two major focus areas: The implementation
of a new regional air toxics rule in the San Francisco Bay Area,
and the implementation of the Clean Air Act's Title V permitting
program in the Bay Area. This grant is contingent upon OCE receiving
$56,000 of independent matching funds from outside donors. If
you would like to donate please contact us or send a check specifically
marked for the Equal Justice Works project!
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OCE is working with Partners to leverage
our Resources!
We would like to thank our lawyers and community partners
for participating in our recent successes:
A Walk in the Woods
American Lung Association
Bayview 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
Environmental Integrity Project
Santa Barbara ChannelKeeper
Get Oil Out
Coalition for Mercury-Free Dentistry
Montana Environmental Information Center
If you believe in what OCE is
DOING - PLEASE HELP US!
We would like to thank all members and donors for their general
SUPPORT
Suzanne Burich
Cheryl Cisneros
Jerri Curry
Chance Kawar
David Leyva
Stu Merwin
Craig Meyers
Ramon and Gloria Ross
Lorna Ross
Lauren Ross
Diane White
Karla Williams
Helen, Greg and Martin Kang
Caroline Kristensen
George and Marilyn Whitmore
Gail Vitullo
Robin McDermott
Trey McDermott
Vernon McDermott
Elizabeth McDermott
Catherine Powers
Peter Esler
Clay Esler
Garret Esler
Reid Esler
Koalani Kaulukukui
Shannon Mary Parrott
Joanne Olivarez
Alan M. Ramo
Christian Lagier
Martin and Jill Dodd
Graham and Bianca Green
Grace Lee
Vince Hoenigman
Thanks so much for taking the time to join. We appreciate
you!
OCE needs your help in our work
to make our air cleaner through enforcement of clean air laws at
all levels!
You Can Become a Member!: 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!
You Can Donate: 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.
You Can Volunteer!: OCE needs volunteers with
a wide variety of skills to help us with a number of tasks. If you
are interested in donating some of your time, please contact Aimee
Odonnell at aodonnell@ocefoundation.org
You Can Become a Member Recruiter!: OCE is
looking for folks to help recruit new members. You can earn money
on a per member basis. For more information, contact Aimee Odonnell
at aodonnell@ocefoundation.org
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