Today,  the Massachusetts Attorney General’s Office and the state Department of Environmental Protection announced that they have settled claims over violations of air quality at the Mt. Tom Power Plant in Holyoke, MA.

“CLF is gratified to see the State take enforcement action to address the violations that were uncovered at Mt. Tom,” said staff attorney Shanna Cleveland. “Particulate matter is one of the deadliest air pollutants emitted by coal-fired power plants, and is a major contributor to the poor air quality that is sickening residents in Holyoke and surrounding communities. The State’s insistence on continuous monitoring is an important step toward ensuring that the plant cannot continue to violate emissions limits with impunity.”

Particulate matter is responsible for a wide range of health impacts, including heart disease, lung damage and an increased risk of lung cancer. The asthma rate in Holyoke is more than twice the statewide average of 10.8 percent.

Cleveland continued, “This enforcement action is a step in the right direction, but even with the pollution controls recently installed at Mt. Tom, the plant has continued to emit harmful pollution and violate emissions limits. Despite their significant investment in technology to clean this plant up, the reality is that a 50-year-old coal plant cannot be modernized enough to run in compliance with the law, and moreover, cannot run efficiently, or economically. The only way to stop Mt. Tom from polluting the air and making people sick is for it to shut down. We need to be thinking less about how to keep old, polluting coal plants operating and more about how to get our electricity from clean, renewable energy.” More >

Conservation Law Foundation joined more than 30 national, regional and local environmental organizations today on a letter to Massachusetts senator Scott Brown chiding him for his response to a series of ads taking him to task for his votes on environmental issues. Brown’s public remarks and a Boston Herald editorial have attempted to deflect attention away from the issues raised in the ads and onto the tactics of the League of Women Voters, the organization behind them. The letter details Brown’s recent votes for two pieces of legislation that, if enacted, would severely impact public health, including the health of children. Brown has said in the wake of the ads that “as a father, I would never do anything to put my two daughters or anyone else’s children in harm’s way.” The letter supported the ads as being “scientifically accurate.” In a press release, CLF’s Seth Kaplan urged Brown to respond to the issues at hand, saying, “By voting to undermine EPA’s ability to protect public health and the environment, he is choosing to protect out-of-state polluters, not his constituents.”

A pile of scrap metal and debris at the Grimmel Industries facility in Portsmouth, NH. Toxic stormwater discharges from the site have long been polluting the Piscataqua River. (Photo credit: CLF)

At CLF’s urging, today the Environmental Protection Agency (EPA) issued an administrative order requiring Grimmel Industries to take prompt action to clean up toxic stormwater discharges to the Piscataqua River. Grimmel Industries operates a massive scrap metal collection and shipping facility at the Pease Development Authority’s Market Street Terminal, in Portsmouth, NH, on the banks of the river.

“For too long, this facility has been discharging mercury, PCBs and other pollutants into the Piscataqua River,” said Tom Irwin, CLF New Hampshire director.  “It’s simply unacceptable for this or any facility to discharge such toxic contaminants into this river – a critical coastal resource for New Hampshire – or into any of our waterways.  These discharges are in clear violation of the Clean Water Act; we’re pleased that the EPA is taking action to force compliance.” More >

The Obama Administration has issued a clear statement opposing the bill that would roll back the authority of the Environmental Protection Agency to enforce the Clean Air Act.  It really speaks for itself so I am just pasting it in below as well as providing a link.

The question for our Senators and Representatives is: will they reject this attack on the public health and the environment? They should stand firm against this bill and underhanded attempts to slip the  same provisions into other legislation, like the budget.

STATEMENT OF ADMINISTRATION POLICY

H.R. 910 – Energy Tax Prevention Act of 2011

(Rep. Upton, R-MI, and 95 cosponsors)

The Administration strongly opposes House passage of H.R. 910, which would halt the Environmental Protection Agency’s (EPA) common-sense steps under the Clean Air Act (CAA) to protect Americans from harmful air pollution.  H.R. 910 would also increase the Nation’s dependence on oil and other fossil fuels as well as contradict the scientific consensus on climate change.

The CAA gives EPA the necessary tools to protect our families from a wide variety of harmful pollutants that cause asthma and lung disease – especially in children.  Weakening these standards would allow more pollution in the air we breathe and threaten the health of Americans across the country.  A recent report by EPA shows how important this landmark law has been in protecting public health.  In 2010 alone, just one part of the CAA prevented:

• 160,000 premature deaths;

• 130,000 heart attacks;

• More than 100,000 hospital visits by preventing millions of cases of respiratory problems, including bronchitis and asthma.  It enhanced productivity by preventing millions of lost workdays, and kept kids healthy and in school, avoiding millions of lost school days due to respiratory illness and other diseases caused or exacerbated by air pollution.

Since 1970, the CAA has reduced key air pollutants that cause smog and particulate pollution by more than 60 percent.  At the same time the economy has more than tripled.  And since the CAA Amendments in 1990, electricity production is up and prices are stable.  In 2009, electric utilities delivered 33 percent more electricity to U.S. households and businesses than in 1990, while nationwide electricity prices remained essentially unchanged.

Over its 40-year span, the benefits of the CAA – in the form of longer lives, healthier kids, greater workforce productivity, and ecosystem protections – outweigh the costs by more than 30 to one.

Passage of H.R. 910 would also block important policy measures that enable the CAA to achieve additional societal benefits related to carbon pollution.  For example, the bill would block EPA’s involvement in the historic, bipartisan Federal program to promote vehicle fuel economy standards for Model Years 2017-2025.  This program will reduce oil consumption, provide significant savings to American consumers at the pump, and limit pollution from tailpipe emissions.  Further, H.R. 910 would second guess the widely-accepted scientific consensus that carbon pollution is at increasingly dangerous concentrations and is contributing to the threat of climate change.  This could create uncertainty around the requirements which are currently in effect for the Model Year 2012-2016 vehicle standards.  Finally, H.R. 910 would contradict public health experts and scientists and strip EPA of its authority to develop sensible standards for currently unchecked carbon pollution, and thus prevent EPA from following its statutory obligations as interpreted by the Supreme Court.

If the President is presented with this legislation, which would seriously roll back the CAA authority, harm Americans’ health by taking away our ability to decrease carbon pollution, and undercut fuel efficiency standards that will save Americans money at the pump while decreasing our dependence on oil, his senior advisors would recommend that he veto the bill.

Take a deep breath. Are you taking your clean air for granted? Don’t.

Today, the EPA proposed a rule to reduce hazardous emissions from coal and oil-fired power plants, such as mercury, arsenic, heavy metals, acid gases and dioxins, which cause thousands of deaths every year. This “air toxics rule” finally implements instructions that Congress gave to EPA in the Clean Air Act amendments of 1990. This much overdue effort, which builds upon decades of Clean Air Act implementation by EPA, protects the public health and serves as a reminder that if the EPA was stripped of its authority to enforce the Clean Air Act, essential safeguards like this wouldn’t exist.

The Clean Air Act is the most successful law our country has ever had to protect public health, preserve our environment and boost our economy. However, the key tool to ensure that protection is in jeopardy. Our senators are facing mounting pressure from our country’s biggest polluters to block the EPA’s ability to do its job, leaving harmful emissions from coal-fired power plants and other sources unchecked and threatening the health of our families and communities. Tell your senators that you expect them to protect you and your family, not big polluters.

New England states have shown leadership in passing progressive environmental laws to protect the health and homes of New Englanders. But it’s not just about us. Our region bears the brunt of pollution from power plants in the Midwest transported here by prevailing winds, which adds to pollution produced locally. Without federal EPA regulation, New England will remain vulnerable to harmful emissions literally blowing into our region.

Tell your senators today that you don’t take clean air for granted and that they shouldn’t either. Ask them to defend the EPA’s ability to do its job and enforce the Clean Air Act. Our region and our nation’s health, economy and environment depend on it.

TAKE ACTION NOW!

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 >

One of the easiest ways to make bad decisions is to allow ourselves to be drawn into a false choice – to see two options as an “either/or” where seeking one goal means stepping away from another. This can be a false choice because, fortunately, sometimes making the right decision will yield a double benefit.

When we have an opportunity to reduce energy use and harmful emissions while building jobs and the economy we encounter that kind of golden moment: when the right choice yields double, triple and even quadruple benefits.

There are people who will reject this formulation – who will present that most fundamental of false choices: the flawed argument that making the right choice for our environment and the public health is bad for the economic health of our communities and building jobs.

We are surrounded by proof that economic benefit flows from the same actions that reduce dirty energy use and emissions. The nation-leading energy efficiency programs funded by the Regional Greenhouse Gas Initiative (RGGI) which have created jobs while slashing the energy bills of families and businesses of the Northeast is a prime example.  A recent report issued by the states participating in RGGI (described here) provides hard numbers documenting this happy phenomena.

But we can do far better – and we need to if we are going to address the fundamental challenge of global warming and if we are going build the new economic base that can provide jobs and financial security for the future. Building that cleaner and more secure future will mean building on the successes of RGGI, making it more effective in reducing emissions and creating even more investment in energy efficiency so it slashes even more customer bills and creates even more jobs.

(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 >