February-March 2004 -
In This Issue:
 About OCE
OCE Continues to Represent Your Environmental Views
OCE Forces South Coast Air Quality Management District to
Set Aside $1 Million to Clean-Up Air!
OCE Requires Mirant Potrero LLC to Limit Use of Pollution
Credits at Potrero Power Plants!
OCE Denied Right to Intervene in Hearing on Refineries Violation
of Air Permits!OCE and Six Other Environmental and Public Health Groups
Sue to Block EPA’s Weakened “Don’t Ask, Don’t
Tell” Air Pollution Monitoring Rules!
OCE Intends to Sue EPA Administrator Michael Leavitt for
Long-Overdue Oil Platform Water Permits!
OCE is working to protect YOU and YOUR kids' Future
OCE Staff Members Attend San Francisco Electricity Hearing!
OCE, Tells Bay Area Air Quality Management District that
it’s current draft rules to regulate toxic air contaminants
will result in environmental injustice!
OCE Expresses Support for original MANDATORY Heavy Duty
Diesel Engine Software Upgrade Regulation (Chip Reflash)!
OCE Staff News
OCE representative attends DC meetings
OCE Welcomes New Administrative Assistant
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!
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 Forces South Coast Air Quality Management District to
Set Aside $1 Million to Clean-Up Air: The South Coast Air
Quality Management District (SCAQMD) agreed to establish a dedicated
$1,000,000.00 fund that will finance supplemental environmental
projects to reduce emissions of nitrogen oxides ("NOx")
and/or particulate matter in the Los Angeles area. The action
is the result of a settlement agreement with two environmental
groups, Our Children’s Earth (OCE) and Communities for a
Better Environment (CBE), that sued SCAQMD last September for
violating the federal Clean Air Act in the administration of the
pollution trading scheme called RECLAIM. As a result of SCAQMD's
mismanagement of RECLAIM, tons of smog-causing nitrogen oxides
("NOx") were illegally released into Southern California's
air.
OCE Requires Mirant Potrero LLC to Limit Use of Pollution
Credits at the Potrero Power Plant: Mirant Potrero LLC has
agreed to limit its use of Interchangeable Emission Reduction
Credits (IERCs) until the installation of Selective Catalytic
Reduction (SCR) equipment to control nitrogen oxides (NOx) emissions
at Unit 3 at the Potrero Power Plant and to supply environmental
groups with monthly emissions reports. The action is the result
of an administrative appeal filed with the Bay Area Air Quality
Management District's Hearing Board by OCE, Communities for a
Better Environment (CBE), BayView Hunters Point Community Advocates
(BayView Advocates), Literacy for Environmental Justice (LEJ),
and the City and County of San Francisco (CCSF) opposing Mirant's
request to use IERCs to comply with the Bay Area Air Quality Management
District's nitrogen oxides (NOx) requirements for power plants.
OCE Denied Right to Intervene in Hearing on Refineries Violation
of Air Permits: The Bay Area Air Quality Management District’s
(BAAQMD or District) Hearing Board denied OCE the right to meaningfully
participate in proceedings to determine whether the Valero Refinery
and Valero Asphalt Plant should be allowed to violate its newly
issued federal air permits. OCE, represented by the Environmental
Law and Justice Clinic of Golden Gate University School of Law,
had filed a request to intervene in the upcoming hearings. We
continue to monitor the agencies activities to ensure Valerio’s
compliance with the Clean Air Act.
OCE and Six Other Environmental and Public Health Groups
Sue to Block EPA’s Weakened “Don’t Ask, Don’t
Tell” Air Pollution Monitoring Rules: OCE with six other
environmental and public health groups filed a lawsuit in the
D.C. Circuit Court of Appeals to block implementation of controversial,
industry-backed rules from the U.S. Environmental Protection Agency
(EPA) that would weaken pollution monitoring standards and lead
to increased emissions of mercury, sulfur dioxide and other toxic
pollutants linked to childhood diseases, heart disease and premature
death. We are are objecting to EPA rules that would allow polluters
to monitor themselves and to do so as infrequently as twice every
five years.
Intends to Sue EPA Administrator Michael Leavitt for Long-Overdue
Oil Platform Water Permits: OCE, Santa Barbara ChannelKeeper,
and Get Oil Out organization sent a 60 day notice to U.S. Environmental
Protection Agency, Administrator, Michael Leavitt, about EPA’s
failure 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.
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OCE is Working to Protect You
and Your Kids Future!
OCE Staff Members Attend San Francisco Electricity Hearing: On March 4, 2004 the San Francisco City Services Committee convened
to hear an update on the implementation of the City's Electricity
Resource Plan. The Plan calls for reliance on renewable, non-polluting
generation of electricity and reliance on conservation. It also
anticipates the closure of most of the old power plants inside
the City.
OCE advocates Mike Costa and Andrew Finkelstein attended the
hearing with Linda Weiner (of the American Lung Association),
and Karen Pierce (of Bayview Hunters Point Community Advocates).
Linda Weiner testified at the hearing on behalf of the Bay Area
Clean Air Task Force (BACATF), a group of over 20 environmental/public
health organizations (including, among others, OCE, BHPCA, and
the ALA) working to shape air quality policy, with an emphasis
on environmental justice issues.
In particular, she voiced the BACATF's support for the City's
proposed Electricity Resource Plan to reduce reliance on fossil
fuel generation of electricity, and to advocate suggestions
concerning the proposed citing of the City's Co-generational
Turbines (CTs). This concern is based on the direct connection
between energy allocation, air quality and public health. (The
more we rely on fossil fuels, the worse the air quality and
the worse for respiratory health; conversely, the more we rely
on renewable sources of energy, the better the air and the healthier
we will all be.) The BACATF also urged the City to aggressively
pursue projects that support conservation, analogizing what
has been done in the past to address water shortage to current
conservation of energy. In addition, aggressive programs that
emphasize renewable energy were urged, particularly the program
on solar energy utilizing the $100 million in bond funding of
several years ago - and an investment in the utilization of
wind power to support electric power. Testimony was concluded
by urging the committee to consider these suggestions a matter
of public health, for neighborhoods that have too long borne
the burden of multiple sources of pollution.
OCE Tells Bay Area Air Quality Management District that it’s
draft rules to regulate toxic air contaminants will result in
environmental injustice: OCE and the Environmental Law and
Justice Clinic of Golden Gate University School of Law, along
with a broad coalition of community organizations, commented on
a draft proposal for new rules that would replace the District's
existing risk management policies for sources of toxic air contaminants
(TACs). The new rulemaking stemmed from the settlement of an OCE
lawsuit which successfully challenged the District's illegal revision
of its diesel risk policy to allow ten-fold increased risks during
the 2001 energy “crisis.” The main concerns relate to
the District’s omission of cumulative health impacts assessment,
as well as the fact that the proposed risk limits represent unacceptably
high levels of health risks that fail to incorporate an adequate
margin of safety to protect all Bay Area residents and communities.
The District’s failure to evaluate and consider the cumulative
health risks from multiple sources of air pollution is inconsistent
with state and federal laws and policies requiring equal health
protection for all people, and also with the recent California
EPA Environmental Justice Advisory Committee Recommendations stating
that regulatory agencies should use precaution in regulation and
address the issue of cumulative health impacts.
OCE Expresses Support for original MANDATORY Heavy Duty Diesel
Engine Software Upgrade Regulation (Chip Reflash): OCE asked
California Air Resources Board to support the proposed regulation
on heavy duty diesel engine software upgrades. OCE told CARB that
it considers this measure to be a very effective and inexpensive
means of obtaining significant and much needed nitrogen oxides
(NOx) reductions. Given that these reductions were already supposed
to have taken place under a consent decree, OCE believes that
it is imperative for this regulation to take effect as soon as
possible. OCE along with Natural Resources Defense Council, Union
of Concerned Scientists, America Lung Association of California,
Coalition for Clean Air, Planning and Conservation League, California
Environmental Rights Alliance, Sierra Club, Center for Energy
Efficiency and Renewable Technologies, East Yard Communities for
Environmental Justice told CARB that the measure will reduce 30
to 40 tons of NOx per day in California by 2005. Compared to other
NOx reduction strategies, this proposed regulation is much less
expensive and much less difficult to implement. More importantly,
many areas throughout California are struggling to meet ozone
standards, and NOx reductions are an important component to reducing
ozone pollution.
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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 Welcomes New Administrative Assistant: OCE hired
Abby Zoline as a part-time Administrative/Office Assistant. She
will be in the office Monday through Friday, 11am to 4pm. Abby
is an artist and musician from Telluride, CO, with a strong background
in non-profit work. We're excited to welcome her!
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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 AdvocatesCommunities 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
Physicians for Social Responsibility
Clean Air Council
Northwest Environmental Defense Center
Hilton Kelley
If you believe in what OCE is
DOING - PLEASE HELP US!
We would like to thank all members and donors for their general
SUPPORT!
Lori Cline
Grace Lee
Ramon Ross
Lillian Maher-Escobar
Working Assets (for their employee, Sue Green)
Roy A. Hunt Foundation
Molly and Andrew Mercy
Janice Landes
Mark Zaremba
Sherman Lewis
Marjorie Crawford
Chris Sproul
Amy Givens
Suzanne Vitullo
Melisa McCoy-Evans
Susan Landes
Christie V. Ghiz
Joe Garcia
Dr. Roger Paulson
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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