Become a Clean Air Advocate!
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May 2002 -
In This Issue:
 Our Children's Earth (OCE) Insider Update
We Win!
New Lawsuits and other developments
OCE Organization is growing
Donations
OCE Needs
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 Win
OCE forces Bay Area Air Quality Management District to issue overdue Air Pollution Permits.
On May 15, 2002, The Bay Area Air Quality Management District agreed to take final action on 22 long-overdue operating permit applications no later than December 1, 2003, a move which will force polluters to self-report air violations. OCE filed the suit because the District failed to comply with both federal law and the agency's own generous internal deadline to issue the Major Facility Review permits. Many of the applications were submitted as far back as 1996 and 1997 and the District's drop dead deadline for issuing the permits was July 1, 2001. Currently, more than 22 major sources of air pollution, including refineries in the Bay Area, do not have the permits and are not required to abide by compliance reporting, record-keeping and monitoring requirements that such permits would mandate. Without these requirements, the public has few ways of discovering whether these major sources of air pollution are violating clean air laws.
EPA is forced to withdraw its program approval.
The U.S. Environmental Protection Agency settled three consolidated lawsuits to end California's permit exemption for agricultural operations under the Clean Air Act. OCE, the Center on Race, Poverty and the Environment, the Association of Irritated Residents, Communities for Land, Air & Water, Medical Alliance for Healthy Air, Natural Resources Defense Council, and the Sierra Club went to court in January 2002, to bring California agriculture under the same permitting requirements as those faced by similar operations in the other 49 states. In the settlement, the EPA agreed to find that California was not implementing the Clean Air Act and will propose to withdraw its December 7, 2001, approval of California's Title V program that granted an exemption to agricultural sources of air pollution. Agriculture has been shielded from state regulation by a provision of state law that prohibits local air districts from requiring permits for "any equipment used in agricultural operations in the growing of crops or the raising of fowl or animals." No other state in the country specifically exempts agricultural operations from air pollution permitting requirements.
Settlement of this case generated news coverage nationwide, including the New York Times.
San Francisco Municipal Railway forced to increase Bay Area Public Transit Ridership.
On May 14, 2002, an agreement submitted in federal court settled a lawsuit against San Francisco Municipal Railway (MUNI) by a coalition of public health, community, and environmental groups, including OCE. In the settlement, MUNI agreed to do its part to increase regional transit ridership in the Bay Area to help meet air quality goals under the Clean Air Act. A similar settlement in the same lawsuit was reached with AC Transit in February 2001. Litigation is still pending against MTC, the agency responsible for transportation planning and funding throughout the Bay Area. While MTC bears ultimate responsibility for providing the funds necessary to increase transit ridership, MUNI and AC Transit had been named in the lawsuit for failing to develop fundable projects that would significantly increase ridership.
This settlement generated media coverage that included the San Francisco Chronicle and Bay City News.
OCE forms coalition to force Alternative Fuel Buses for Bay Area.
On May 23rd, the San Francisco Municipal Transit System (Muni) presented the results of a recently-completed Alternative Fuels Pilot Program to the San Francisco Board of Supervisor's Transportation Committee. In the report Muni came out against purchasing compressed natural gas (CNG) buses because of incomplete emissions testing and poor performance on the hills. The report concluded that additional testing was needed for at least 18-24 more months before Muni could make any recommendation regarding an alternative
fuels program.
In response to this report, OCE organized several environmental, health, and community advocacy groups into a coalition (Dump Diesel Coalition) for purpose of lobbying the Board of Supervisors to hold Muni more accountable for its continued delay tactics. During the meeting, the Supervisors used a list of pointed questions prepared by Coalition to poke holes in Muni's arguments regarding both performance and emissions. Additionally, members and friends of the coalition testified at the hearing about the health and environmental impacts of diesel emissions in the Bay Area. In response to
the intense questioning and testimony in favor of CNG buses, Michael Burns, the head of Muni, was forced to make two key commitments to the Transportation Committee: 1) The next bus order from Muni will be some form of alternative fuel bus; 2) Muni will complete its analysis of which type of alternative fuel bus in six months rather than 18-24 months.
This is a big win for OCE and the rest of the Coalition, but we won't rest on our laurels. Next up is the Transportation Authority meeting on June 17th. This group has funding authority over Muni so we are hoping to get a resolution passed that restricts all additional bus funding to alternative fuel vehicles.
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New Lawsuits and other developments
OCE and Coalition Sue Tennessee Air Pollution Control Board to issue overdue Air Pollution Permits.
A coalition of environmental groups, including OCE, the National Parks Conservation Association, the Sierra Club and A Walk in the Woods sued the Tennessee Air Pollution Control Board for failing to issue federal Clean Air Act permits to some of the largest polluting power plants in Tennessee. At least two TVA power plants-- Kingston and John Sevier-- have been allowed to operate without the required permits for over three years. The state's failure to issue the permits is allowing TVA to avoid the requirements of federal law and is depriving the public of information regarding thousands of tons of potential annual air pollution, including hazardous emissions, from these air pollution sources.
The announcement of the lawsuit generated considerable media attention, inlcuding coverage in Air Daily, the Chattanooga Times, The Daily Environment Report, and Inside EPA.
OCE Comments on Draft Federal Air Operating Permits for Major Facilities in Bay Area.
OCE's work to comment on certain air pollution permits continues to yield positive results. Most notably, we recently commented on Tosco Refining Company's Contra Costa Carbon Plant. Based on our comments and comments from the Plumbers and Steamfitters Union Local 342, the International Brotherhood of Electrical Workers Local 302 and the Boilermakers Union Local 549, EPA objected to the draft permit, and asked the District to take a closer look at the terms.
OCE to Begin Review of Draft Federal Air Operating Permits for Refineries.
OCE will soon begin reviewing draft permits for all refineries in the Bay Area, a task that will require significant time and resources. Each of these refineries has hundreds of sources, with different requirements, all of which are subject to review. The permits are expected to be about a hundred pages each.
OCE Participates in Bay Area Earth Day Activities.
On Saturday, April 20, OCE participated in the Berkeley Earth Day Festival. OCE employees and volunteers manned the OCE booth, and distributed more than 200 clean air kits to children and their parents. The event featured cultural performances, an eco-Art area for kids, demonstrations of renewable resources, a climbing wall, and over 150 booths representing businesses, craftspeople, community organizations, food vendors and government groups.
OCE Distributes 1,000 Clean Air Kits.
In conjunction with numerous community partners, OCE has successfully distributed 1,000 Clean Air Kits to Bay Area residents affected by pollution. The community groups, who represent minority communities in the Bay Area, include the YMCA, Boys and Girl Clubs, asthma clinics and some day care facilities. We have received tremendous feedback. For example Dr, Shannon Thyne at UCSF said, "We have been handing them out at our asthma group sessions-- very interesting to see the reactions. Some people are thrilled and others are surprised that we have pollution in SF (can you believe it!?!?)." Thanks to all the community groups who made this success possible.
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OCE Organization is growing!
OCE welcomes a new volunteer.
Monica Winter will be responsible for updating and maintaining the OCE website. Welcome, Monica!
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Donations
We wish to thank the following individuals for their
support:
George D. Whitmore, Dannellon, FL
Marianna Aue, Oakland, CA
Molly and Andrew Mercy, Mill Valley, CA
Judith Brady, San Francisco, CA
Danielle Fugere, Crockett, CA
Robin McDermott, New York, NY
Betz Bernhard, Kirkland, WA
Marcy Berry, San Francisco
Caroline M. Kristensen, Tiburon, CA
Lilian Maher, San Francisco, CA
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OCE Needs
Please Become a Member of OCE!:
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 access our website at www.ocefoundation.org 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.
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