Today, the EPA announced the first national standard for emissions of mercury and other toxic pollutants from coal-fired power plants. This rule will protect public health, preserve our environment and boost our economy, particularly for New England, which absorbs the downwind effects of air pollutants generated in other regions of the country. Jonathan Peress, CLF’s director of clean energy and climate change, responds.

“Right now, coal-fired power plants are allowed to poison the air we breathe with toxic pollutants like mercury, arsenic and lead. The EPA’s proposed ‘Air Toxics Rule’ will provide critical protection from major health impacts, including cancer, brain damage and birth defects, associated with this deadly brew of as yet unregulated pollutants.” More >

(Photo credit: Marilyn Humphries)

One small step for man, one giant leap for coal–or lack thereof. Under pressure from public health groups, environmental organizations, political leaders and community members, Dominion Energy of Virginia has taken another important step toward closing Salem Harbor Station, its 60-year-old, coal-fired power plant in Salem, Massachusetts. Known as a “non-price retirement” request, the move represents an official request to the electric system operator, ISO New England, to allow the plant to shut down permanently.

Shanna Cleveland, staff attorney for Conservation Law Foundation (CLF), said, “Dominion’s actions put Salem Harbor Station on a path to shut down by 2014. Combined with its recent statements to shareholders that it doesn’t intend to invest any more capital in the plant, it is clear that Salem Harbor Station cannot operate profitably. The only issue remaining is whether the plant will shut down sooner than 2014. An unprofitable plant is still a polluting one, as long as it operates.” More >

Members of Mt. Holyoke's crew team pass Mt. Tom in the early morning.

CLF today announced that it intends to file a federal citizen suit against Mt. Tom Generating Company, FirstLight Power Resources and GDF Suez North America, the owners of Mt. Tom Station, for ongoing violations of the Clean Air Act. Mt. Tom, a 50-year-old coal-fired power plant in Holyoke, MA, is one of the top five sources of toxic emissions in the state, and one of the plants targeted by CLF’s Coal-Free New England campaign.

“The soot Mt. Tom releases contains dangerous pollutants that threaten the health of everyone who breathes them–particularly children and the elderly,” said CLF staff attorney Shanna Cleveland. “Despite recent investments in new technology, this plant is unable to operate in compliance with the law, and therefore within the limits of what is considered safe for human health.” More >

Recent industry legal action to prevent the regulation of greenhouse gas (GHG) emissions is an eye-opener suggesting a slash and burn strategy that threatens to undo years of successful regulation of air pollution under the Clean Air Act.  Various industry trade groups including the American Chemistry Council, National Association of Manufacturers and American Petroleum Institute are waging a full scale war to prevent regulation of GHG emissions and recently initiated a coordinated, broad and covert legal attack (with no press or public outreach) on EPA’s permitting authority.

On July 6, the coalition of industry groups filed 12 similar legal petitions challenging not only EPA’s authority to regulate GHGs, but also the fundamental underpinnings of EPA’s 30 year old permitting program for large emitting facilities.  These appeals present a clear and unequivocal message to EPA and the public: try to impose reductions in GHG emissions and we will attack the core of the greenhouse gas regulations adopted in response to the Supreme Court’s decision in MA v. EPA and EPA’s ability to regulate large emitters through its preconstruction (PSD) permitting program in the first instance.   With a key message like that—tone deaf to public awareness and concern about climate change—no wonder the industry trade group petitioners did not seek publicity.

Recent statements from Senator Murkowski suggest that she and her allied colleagues have been briefed and support this strategy.  According to Politico.com,

Key coal-state Democrats and nearly all Republicans are also unified in their bid to slow down the EPA via legislation – and they’re determined to force a series of votes on the issue before the next big suite of rules start kicking in next January.

“You attack it at all fronts,” Sen. Lisa Murkowski (R-Alaska), a leading advocate for stopping the EPA, told POLITICO. “You go the judicial route. You go the legislative route. I think this is important to make sure we are looking at all avenues.”

CLF is intervening (co-represented by attorneys from the Clean Air Task Force) along with other environmental groups in these recent challenges as well as several prior challenges to EPA’s authority to regulate GHGs. The vehemence of these positions, and the obvious coordination among a broad cross section of industries to prevent regulation of GHGs, unfortunately suggest that US policy on climate change will not be advanced through bottom up, traditional legislative initiatives in Congress.

As Bill McKibben asserted in Tomdispatch.com,

If we’re going to get any of this done, we’re going to need a movement, the one thing we haven’t had. For 20 years environmentalists have operated on the notion that we’d get action if we simply had scientists explain to politicians and CEOs that our current ways were ending the Holocene, the current geological epoch. That turns out, quite conclusively, not to work. We need to be able to explain that their current ways will end something they actually care about, i.e. their careers. And since we’ll never have the cash to compete with Exxon, we better work in the currencies we can muster: bodies, spirit, passion.

The time has come to knock the halo off of the heads of the obstacles to progress and quality of life.  While the old way of making power, combusting decomposed carbon–based life forms (i.e., fossil fuels) contributed to prosperity and improvement to quality of life through 20^th century industrialization; we are facing a much different earth and atmosphere.  Unchecked burning of fossil fuels and emissions of GHGs are detracting from our quality of life and will continue to do so for decades after they are emitted.   The coal-fired power plant near you is not your friend; its day to day activities are undercutting your health, environment, economy and well-being for no good reason except for its tenacity in resisting beneficial change.

The Federal Energy Regulatory Commission (FERC), in an order issued on September 18, 2009, has sided with the operator of the New England electricity system (ISO-NE) in a dispute with Dominion, the owner of the Salem Harbor Power Plant.

Here is the basic situation:  Dominion has “de-listed” the Salem Harbor Power Plant in the upcoming “Forward Capacity Auction”.   This means that it is virtually certain that in the 2012-2013 period that the plant will not be obligated to run and will not received capacity payments that power plants receive when they have such an obligation.   While the plant could still run and be paid for the electricity it made the act of de-listing means that the owner of the plant thinks there is a significant chance it will not be running during that year.  If, however, ISO-NE, finds that one (or more) of the  power generating units at the plant are “needed for reliability” then Dominion would receive payments set at the level of the “de-list bids” submitted this year.

Here is the dispute:  ISO-NE argued that Dominion had set the amount of its “de-list bids” to high.  Dominion had calculated those bids assuming that all pollution control equipment put into the plant would have to be depreciated (basically paid off) within three years.  ISO-NE argued that this was inappropriate. Local newspapers took note of this dispute.

CLF, and the Massachusetts Attorney Generals office, agreed with ISO-NE that Dominion’s bids were inappropriate.  CLF, pressing beyond the polite wording of ISO-NE’s filing, argued that the only appropriate circumstance for the “super-accelerated depreciation” being sought by Dominion would be appropriate only if Dominion were proposing to permanently de-list the plant.  The absurdity of Dominion’s position was highlighted by the fact that it was contradicted by public statements of its own spokesman in a local newspaper.

The Mass. AG, supported by CLF, also raised concerns about the lack of public disclosure of key information about the plant and the lack of auditing of the representations that plant owners like Dominion made to ISO-NE.

FERC, in the order resolving the dispute, accepted the basic logic that ISO-NE and CLF presented, requiring use of the longer depreciation period proposed by ISO-NE.   FERC stated that it could not consider converting a de-list bid from being one-year to permanent at this point in the process – which is essentially a moot point as CLF floated that as an idea that would only apply if the shorter depreciation period was accepted, which it was not. Also, FERC did not squarely address the issues of public disclosure and auditing, relying on earlier decisions that will be continued to be criticized.

But in the end this was squarely a defeat for Dominion: their bluff of calculating costs as if the plant was shutting down, but not actually committing to do so, was called.

These battles will continue.  The likely next dispute will center around “reliability” as all of these numbers games are meaningless if ISO-NE recognizes that the improved transmission system, new generation and rising amounts of energy efficiency and “demand response” (slashing energy use at peak hours during the summer) means that the plant can retire without causing any shortages in the regional electricity system.  They are very close to doing so (having found that other nearby plants can safely retire) and are likely to reach the right result here – although it might take some encouragement.