Greenpeace activists are protesting the destruction and pollution caused by coal at the Progress Asheville Power Station this morning. Activists have secured themselves to the coal loader and conveyers, which will prevent coal from entering the facility. They are scaling the 400 foot smoke stack to send a message to both Progress Energy and Duke Energy that communities and the climate can’t wait for a renewable energy revolution. Coal plants like the Asheville Power Station damage communities and the climate at every stage of their lifecycle. The destructive mining practices, the burning and the storage of toxic coal ash. Progress Energy is currently in a merger bid with Charlotte based Duke Energy, which would create the largest utility in the U.S.
“This plant runs on destroyed mountains, it spews out air pollution, it causes climate change and it poisons the water and the earth. If Duke merges with Progress, the new owners have a responsibility to the people of North Carolina to move to clean energy,” said Greenpeace climate campaigner and activist Robert Gardner.
The Progress Energy owned Asheville Power Station uses the most destructive form of coal mining, mountain top removal, which is flattening mountains across Appalachia. The plant produces 1,994 pounds of sulfur dioxide, 788 pounds of nitrogen oxides and 2,629,243 tons of carbon dioxide. Its coal ash ponds are designated ‘high hazard’ by the U.S. Environmental Protection Agency, meaning they are likely to kill people if they spill. Like other coal plants across the country, the plant causes death and illness in the community.
“Duke Energy could be playing a leadership role in the energy sector, and CEO Jim Rogers talks a good game on the environment, but the reality is vastly different. With more than $5 billion dollars worth of new coal investment on the books, Duke is clearly committed to dirty fossil fuels that poison our communities and destroy the climate,” Mr Gardner said. “If Duke Energy wants to be considered a leader in the industry, they’re going to have to get serious about phasing out polluting plants like this one, and make some real investments in renewable energy that will protect America’s future.
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On Monday, Feb. 6, 16 states and numerous power companies that oppose new pollution-reduction rules must file their petitions with the U.S. Court of Appeals in Washington, D.C. In response to their initial suit, the court granted a motion to temporarily “stay,” or halt, the implementation of the Cross-State Air Pollution Rule, or smog pollution rule, which the U.S. Environmental Protection Agency (EPA) promulgated last summer. These “good neighbor” pollution-reduction standards will require power plants to slash their sulfur dioxide and nitrogen oxide pollution. These substances are the key ingredients in acid rain and smog, and they can travel hundreds of miles and contaminate other states.
Once implemented the rule will annually save thousands of lives and prevent thousands of illnesses. Not surprisingly, the 16 states that sued EPA to block these rules include 7 of the 10 highest-polluting states in the country. And their governors and attorneys general, who decide whether to file a lawsuit to stop these safeguards, received a combined $5 million in campaign contributions from big utilities and coal companies that benefit from higher-pollution levels.
This column reviews the rule and its benefits as well as the efforts of utilities and coal companies to block it so they can avoid or postpone investments in cleanup technology. EPA analysis demonstrates that the law’s benefits to public health and the environment are much greater than its costs. These governors and attorneys general should support EPA’s efforts to protect the residents of their states and people downwind from premature death, asthma attacks, and other respiratory ailments instead of bending to the will of dirty-money donors.
These safeguards protect neighboring states
The EPA’s new rules will address a major public-health threat, annually curbing millions of pounds of air pollution from power plants that travel downwind and across the country. An interactive EPA map shows that pollution doesn’t stop at state borders, which is why the agency is acting to reduce air pollution that drifts across state lines.
EPA’s map helps viewers connect the dots. When the cursor is placed over Michigan, for example, one can see that emissions from six different states travel into the state, causing air-pollution readings above the national threshold level for public-health standards. The map also shows that pollution from Michigan travels all the way to Virginia, diminishing the latter’s air quality.
The EPA estimates these rules with produce significant air-quality benefits. By 2014 the rules will reduce sulfur dioxide emissions by 73 percent from 2005 levels. Nitrogen oxide emissions will drop by 54 percent.
This improvement in air quality will result in $120 billion to $280 billion in annual benefits, including preventing up to 34,000 premature deaths and avoiding 858,000 other health problems annually that are linked to this pollution, as outlined in the table below.
When final safeguards were first announced in July 2011, EPA Administrator Lisa Jackson commented on how the law helps Americans:
No community should have to bear the burden of another community's polluters, or be powerless to prevent air pollution that leads to asthma, heart attacks and other harmful illnesses. These Clean Air Act safeguards will help protect the health of millions of Americans and save lives by preventing smog and soot pollution from traveling hundreds of miles and contaminating the air they breathe.
Many utilities have already begun to invest in pollution-control technologies, such as scrubbers, to comply with the Clean Air Interstate Rules (CAIR) from 2005. It was struck down by federal court in 2008, so EPA revamped the measures that became the cross-state rules. These CAIR investments were an estimated $1.6 billion per year.
Compliance with the cross-state rules will cost $800 million annually beginning in 2014. Meanwhile, they will generate $120 billion to $280 billion in annual health benefits. According to EPA data the benefits from the improved rule are estimated to outweigh the costs by a ratio of at least 50-to-1, and as much as 115-to-1.
The aforementioned economic benefits are also a very conservative estimate because they do not include qualified estimates of other benefits from pollution reductions. For instance, lower pollution levels will increase agriculture crop and commercial forest yields, improve visibility in state and national parks, and increase protection from acid rain for sensitive ecosystems including Adirondack lakes, Appalachian streams, and coastal waters.
Stay means delay of health protection
The stay of the Cross-State Air Pollution Rule will last until at least April 13 when the states’ cases against the rule will be heard, but it could continue much longer. This setback unfortunately hinders vital reductions in air pollution from power plants, prolonging poor air quality for 240 million Americans in 27 eastern states.
A long list of plaintiffs sought this timeout on health protection, including 16 states—Alabama, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Virginia, and Wisconsin. Another 12 states affected by the rule are not trying to stop it. It’s no coincidence that the suing states are responsible for more than 90 percent of the nation’s total sulfur dioxide and nitrogen oxide air pollution from power plants, which the law aims to reduce.
Big-polluting states are harping on costs associated with pollution-control technology rather than acknowledging the much greater economic benefits from public health that their own residents will enjoy as a result of the EPA rule. Smog and ozone pollution in the suing states—and the 12 other states that will be regulated by the EPA rule—are polluting communities hundreds of miles away as well as directly fouling their own backyards.
Not all 28 affected states oppose this rule, however. Three of the polluting states—Illinois, New York, and North Carolina—joined EPA in support of these safeguards. These three states emit more than a billion pounds of sulfur dioxide and nitrogen oxide into the atmosphere each year, compared to the 8 billion pounds shot into the skies by the recalcitrant states.
These three states, along with the additional nine states uninvolved in the litigation, are not undermining these new health safeguards. Instead, they plan to take responsibility for the pollution imposed on their residents and neighboring states.
Roughly half of the people in the U.S. live in counties that have unhealthful levels of ozone-smog pollution. Based on American Lung Association rankings, 11 of the metropolitan areas with the highest particle pollution, and 12 of the metropolitan areas with the highest ozone-pollution levels reside in suing states.
Texas—the number one state for ozone pollution—had one of the worst air-quality years in its history for 2011, as high levels of pollution combined with record summer heat. Many of the state’s major metropolitan areas—including Dallas-Fort Worth, San Antonio, Austin, and even the small city of Waco—exceeded federal limits on ozone pollution last year, inflicting hazards to respiratory health on those who live there.
The Washington-Baltimore metropolitan area is ranked 14th for high levels of ozone pollution and the area houses 7.5 million people. These people, along with 50 percent of the country, live in areas where the air can be dirty enough to send people to the emergency room, and even to kill.
Dirty-money donors demand delays
Many of the utilities and coal companies responsible for this deadly air pollution oppose the cross-state rules because they make more money with uncontrolled pollution than by investing funds in cleanup equipment and practices.
These companies therefore donate campaign contributions to the governors and attorneys general in these states who can decide whether to file a lawsuit to stop these safeguards. A review of donations records by the Center for American Progress Action Fund found that the governors and attorneys general in these 16 plaintiff states received almost $5 million in campaign contributions from these companies during campaigns for their current office. (see table) See attached spreadsheet for CAPAF analysis of state breakdown by government officials.
As the chart shows, high campaign contributions occur in litigating states with high pollution. The top three ozone-polluting states—Indiana, Ohio, and Texas—also had governors and attorneys general with three of the four highest campaign contributions from utilities and coal companies, racking up a little over $3 million. There’s little doubt that the leaders in these states support dismantling EPA regulations as money pours in from polluters each election season.
But instead of echoing their dirty donors in opposition to these vital health safeguards, these governors and attorneys general should support EPA’s efforts to protect the residents of their states and others from premature death, asthma attacks, and other respiratory ailments.
Pollution safeguards enjoy wide support
Voters from both political parties and in all regions of the country are singing a different tune than these states. They support the EPA’s regulatory authority to determine air-pollution standards, a poll from October 2011 reveals.
Ceres and the University of Massachusetts conducted a bipartisan poll to gauge voters’ feelings nationwide about EPA’s cross-state air-pollution and mercury-toxics rules. Two-thirds of the respondents (67 percent) oppose delayed implementation of the air-pollution rules and trust EPA, not politicians, to get the job done. This includes support from 62 percent of Republicans and 79 percent of independents surveyed.
States need to stand up to dirty utilities and protect public health
Every month of delay in the implementation of the cross-state good neighbor air-pollution rules will allow 2,000 more unnecessary deaths. The judicial stay and lawsuit also prolongs uncertainty about the final rules (login required), which makes it harder and more expensive for power plants to comply with them. The sooner states’ legal challenges to these rules are settled, the sooner power plants can invest in pollution control and clean up the air.
States should emerge as leaders in this fight, choosing public health through improved air quality instead of succumbing to the influence from big utility and coal campaign cash. Americans certainly agree.
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EcoWatch Daily Newsletter
Continuing a long tradition of public participation in setting organic standards, more than 1,000 people submitted comments leading up to the National Organic Standards Board (NOSB) meeting in Savannah, Ga. between Nov. 30 and Dec. 1. To view a webcast of the 4-day meeting, click here. The comments were in response to specific agenda items which the NOSB was convening to consider, including many important materials review decisions. At the meeting, NOSB members frequently cited both individual comments and the collective weight of public opinion as decisive factors in determining how they voted. Beyond Pesticides thanks everyone who used our Keeping Organic Strong webpage as a resource for developing their comments and encourages the public to continue making your voices heard in the development of organic standards.
The NOSB was established under the Organic Foods Production Act of 1990 (OFPA) which authorizes the U.S. Department of Agriculture (USDA) to operate an organic certification program. Appointed by the U.S. Secretary of Agriculture, the 15-member NOSB is responsible for making recommendations on whether a substance should be allowed or prohibited in organic production or handling, assisting in the development of standards for substances used in organic production, and advising the secretary on other aspects of implementing OFPA. No substance can be added to the National List of Allowed and Prohibited Substances that governs material use on certified production and handling operations without a supportive recommendation from the NOSB. Beyond Pesticides Executive Director Jay Feldman received a five-year appointment to the NOSB beginning January 2010 as an environmentalist—one of seven constituencies represented on the board.
Here is a brief summary of some of the NOSB’s major votes on Crop and Handling materials taken in Savannah:
This material was petitioned for use in exploding underground devises used to kill burrowing pests, including ground squirrels. The Crops Committee voted against this allowance in advance of the meeting and the full board affirmed that decision in Savannah. Those opposed to the petition stated that there is a full range of alternative materials to odorized propane and that methods already allowed in organic systems that can effectively control rodents, including habitat modification, traps, introduction of predators (such as dogs), rodenticide baits and many others, without the adverse impacts on biodiversity and with greater efficacy. These alternatives, in a more effective and less costly manner, achieve with management what propane would achieve with off-farm synthetic inputs.
Under existing organic standards, sulfur dioxide can only be added to wine labeled ‘made with organic grapes,’ provided that the total concentration of sulfite does not exceed 100 parts per million (ppm). Only wines to which no sulfites, which function as a preservative, have been added can be labeled ‘organic’ and display the USDA organic seal. Arguing that this restriction holds back growth in the marketplace for organically produced wines, a number of wineries petitioned with a request that the annotation be amended to allow sulfur dioxide use and resultant concentrations of sulfites not exceeding 100 ppm in wines labeled as ‘organic’ and displaying the USDA organic seal.Those opposing the petition commented that the addition of sulfites to wine has not been proven to be essential and argued against adding sulfites, which are a recognized allergen, to ‘organic’ wine. The NOSB rejected the petition, thereby retaining the distinction between wines that are ‘organic’ and 'made with organic grapes.’
In advance of the Savannah meeting, the Crop Committee recommended placing additional protections on the use of copper sulfate in rice production. The committee cited concerns that routine application rates of this material results in residual copper levels that threaten aquatic organisms including amphibians both in the rice fields and downstream after the irrigation water is released. When the committee proposed a preference for a well-established cultural practice—drill seeding of rice—in lieu of chronic dependence of synthetic copper sulfate, some rice producers questioned the practicality of such a solution. In the final vote in Savannah, copper sulfate in organic rice production was retained on the national list without the preference for drill seeding when conditions allowed.
This material was petitioned for use in spray applications to control weeds prior to planting food crops, at the base of grape vines and fruit trees and on the soil surface between crop rows or at the edges of plastic film mulch. Citing concerns about compatibility with organic practices and toxicity to aquatic invertebrates and the availability of several alternatives that do not require using a synthetic substance, the Crops Committee had rejected this petition and the NOSB concurred with that position.
The Handling Committee had proposed a recommendation to bring the use of chlorine in handling into compliance with the existing guidance policy established by the National Organic Program. This guidance will permit use of chlorine up to maximum labeled rates for sanitation of equipment and labeled uses in direct contact with products like fruits or vegetables, as long as there is a potable water rinse with no higher than drinking water levels after use. Additionally, it restricts chlorine in water used as an ingredient must to the level permitted in drinking water. Beyond Pesticides argued that this recommendation did not adequately address the significant human health and environmental risks known to result from chlorine’s manufacture and release into the environment. Furthermore, adoption of this recommendation means that there will be no differentiation between the allowance for chlorine use in organic and nonorganic products. Despite Jay Feldman’s dissenting vote, the NOSB approved the Handling Committee’s recommendation.
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