The Las Brisas coal (pet coke) plant proposed for Corpus Christi has had its air permit recommended for denial by the State Office of Administrative Hearings (SOAH) for the second time. The SOAH judges presiding over the case have stated in their “proposal for decision” that:
At this time, we are unable to recommend that the requested permits be issued, because we find that Las Brisas Energy Center, LLC… has not made the necessary compliance demonstration to ensure that emissions from the proposed facility would not contribute to air pollution through a violation of a NAAQS or the PSD increment, particularly in regard to particulate matter (PM).
Though not legally binding, a recommendation of denial by SOAH for a second time will, hopefully, have some impact on the TCEQ, who has the final authority for granting the permit. However, the TCEQ has a history of simply ignoring SOAH, the public, and even their own staff in order to grant inadequate and inappropriate permits to large, industrial sources of pollution such as Las Brisas.
Continue Reading »
Posted in Coal, Global Warming | Tagged Coal, las brisas, state office of administrative hearings, Texas, Texas Commission on Environmental Quality, United States Environmental Protection Agency |
December 1, 2010 by Citizen Carol
The Environmental Protection Agency issued a 100-page proposal, the “PSD and Title V Permitting Guidance for Greenhouse Gases” for public review and feedback in mid-November, providing two weeks for responses by a Dec. 1 deadline. Finalized terms will be put in place by Jan. 2, 2011, in accordance with an implementing “Tailoring Rule” to guide state-level permitting authorities and extend the EPA’s influence over the greenhouse gas emissions of industrial sectors. Click here to see a copy of the rule and EPA factsheets on the issue.
Operating through permitting authority asserted under the Clean Air Act, the agency will now require CO2 emissions to be considered in the design of every major project in which fossil fuel is combusted or CO2 emissions are released. Included are electrical power generation, refineries, iron and steel mills, pulp and paper mills and cement production.
Effective July 1, 2011, any new source of greenhouse gas emissions that exceeds 100,000 tons of CO2 per year or plant modification adding 75,000 tons annually, will be subject to permit approval based upon currently undefined case-by-case “best available control technology” assessments.
Some background information
In an April 2, 2007, Supreme Court case (Massachusetts v. EPA), the court ruled in a split 5-4 decision that greenhouse gasses fit within the definition of “air pollutants” and subsequently the EPA issued a finding of public health or welfare endangerment.
On Dec. 7, 2009, EPA Administrator Lisa Jackson signed two distinct findings. One was an “Endangerment Finding,” which found that current and projected atmospheric concentrations of six greenhouse gases (including CO2) “threaten the public health and welfare of current and future generations.” A second “Cause or Contribute Finding” found that “combined emissions of these well-mixed [greenhouse gases] from new motor vehicles and new motor vehicle engines contribute to greenhouse gas pollution which threatens public health and welfare.”
On April 1 the EPA finalized a light-duty vehicle rule controlling greenhouse gas emissions, confirming that Jan. 2, 2011, is the earliest date that a 2012 model year vehicle meeting established limits can be sold in the U.S. Then on Oct. 25 the EPA and the National Highway Traffic Safety Administration issued a proposed rule to establish the first-ever greenhouse emission and economy standards for heavy-duty trucks that will phase in during model years 2014 to 2018 arguing that improved fuel efficiency growing out of this ruling will save the trucking industry money.
Posted in Global Warming | Tagged clean air act, greenhouse gas, tailoring rule, Texas, United States Environmental Protection Agency |
November 30, 2010 by Citizen Carol
The nation looked on in reverence Friday as 20,000 citizens were decapitated, dismembered, and burned alive in the name of Corporate America, continuing the age-old annual rite to ensure bounteous profits in the coming fiscal year.
Human sacrifice depicted using Playmobile stand-ins
. . . The blood offering follows last week’s Feast of Increasing Market Values, a yearly celebration during which Americans gather with their families under the second Q4 full moon to give thanks to corporations and to pray for cash dividends during the holiday shopping season.
Enjoy the Onion‘s take on a winter holiday ritual, click here.
Posted in Global Warming | Tagged Chief executive officer, Corporate America, Corporation, Employment, Fiscal year, Texas |
November 30, 2010 by Citizen Carol
Image via Wikipedia
The Shaw Group is increasing its bet on nuclear power, announcing a role in the proposed 2,700-megawatt South Texas project making it the largest nuclear construction project in Shaw’s history.
Toshiba, the Japanese company, and NRG Energy Inc. jointly own Nuclear Innovation North America, which is developing the South Texas plant.
The Shaw Power Group will get the initial engineering, procurement and construction contract for the two-reactor expansion proposed at South Texas. But Shaw will be more than the contractor. It will be a partner with Toshiba in the project.
As part of its new agreement with Toshiba, Shaw has agreed to invest up to $250 million in nuclear projects. Of that, $100 million will initially be a loan guarantee for NINA for South Texas. If the project wins its combined operating license from the Nuclear Regulatory Commission, that loan guarantee will be converted into an equity investment in the project.
The Shaw Power Group strategy is not without risks. There have been questions in recent months about whether the “nuclear renaissance” in the United States will actually occur. And there have been specific questions about the South Texas project, much of them through the SEED Coalition and Public Citizen interventions in the licensing process.
South Texas still on the hunt for partners
South Texas would be a merchant energy plant and they believe they are in line for federal loan guarantees. But another merchant plant, Calvert Cliffs in Maryland, ran into trouble when Constellation Energy pulled out. Constellation said the loan-guarantee conditions were too onerous and made the project financially untenable.
Every proposed nuclear expansion has come with the caveat that these projects are too expensive (and risky) to move forward without the federal loan guarantees. Yet when the federal government tries to mitigate its own risk, the industry has protested.
NINA has been looking for partners for the South Texas project since San Antonio’s municipal power company, CPS Energy, went from being a 50% partner to taking just a 7.6 percent ownership in the project.
Posted in Nuclear | Tagged CPS Energy, nrg energy, Nuclear Regulatory Commission, Shaw Group, South Texas Nuclear Generating Station, Texas, toshiba |
November 30, 2010 by Citizen Carol
Last week, the U.S. 5th Circuit Court of Appeals awarded a major victory to Public Citizen and Sierra Club in their long standing efforts to block the Sandy Creek coal plant near Waco when it ruled that developers improperly started construction without adequate clearance under the federal Clean Air Act.
The court overturned a district court ruling saying the developers of the Sandy Creek Power Plant should have been required to show that they would employ the “maximum achievable control technology” (MACT) to limit the emissions of mercury and other pollutants once the plant was up and running.
In 2006 the Texas Commission on Environmental Quality (TCEQ) issued the permit for Sandy Creek, relying on an Environmental Protection Agency (EPA) ruling from the year before exempting coal- and oil-fired generating plants from the MACT standard.
In 2008, an appeals court struck down the EPA’s earlier ruling and, even though construction had already started on Sandy Creek, the Sierra Club and Public Citizen filed a lawsuit arguing that work could not go forward because the plant had not shown it could meet MACT standard.
The district court sided with Sandy Creek because it had commenced with construction, and that, at the time, the plant was in compliance with the rules in place.
The circuit court said in its ruling that because the EPA was wrong to exempt coal plants from the MACT standard, Sandy Creek cannot rely on that exemption to continue construction without a proper permit, and sent the case back to the district court.
Click here to see the 5th Circuit’s full ruling.
Posted in Air Quality, Coal, Toxics | Tagged clean air act, Public Citizen, sandy creek, Sierra Club, Texas, Texas Commission on Environmental Quality, United States Environmental Protection Agency |
November 29, 2010 by Citizen Carol
Texas is at risk of becoming the nation’s radioactive dumping ground.
The new proposed rules were posted in the Texas Register on Friday, November 24th and the public comment period is through December 26th. In the meantime, the Texas Low Level Radioactive Waste Compact Commission (TLLRWCC) has scheduled a public hearing on the import/export Rule on December 9th (Thursday) at 10 am. The meeting will be on the TCEQ campus at 12100 Park 35 Circle, Building E, Room 201 in Austin. Continue Reading »
Posted in Nuclear, Radiation, Radioactive Waste | Tagged radioactive waste, Texas |
November 29, 2010 by Citizen Carol
According to the British energy giant BP, the cost of generating power by capturing the sun’s energy will fall about 10 percent a year in the next decade until it equals the expense of producing electricity by burning fossil fuels.
As conventional fuel prices rise and solar power falls, generation costs may reach parity in as little as five years for some fossil energy sources, Vahid Fotuhi, Middle East director of BP Solar, said at a conference in Abu Dhabi yesterday. Solar power costs about 20 cents a kilowatt-hour now, he said.
BP’s conviction about this shift in energy parity is evident in their own policies. They installed about 200 megawatts of solar capacity last year and intend to add 300 megawatts of that generation source this year. BP is also looking at pursuing large-scale solar projects in the Middle East.
To read more about BP’s plans to move forward renewable energy projects in the Middle East, click here.
Posted in Energy, Renewables, solar | Tagged BP Solar, Fossil fuel, Middle East, Texas |
November 29, 2010 by Citizen Carol
People will have through Dec. 26 to provide feedback to a rule published by the Low-Level Radioactive Waste Disposal Compact Commission (the Commission) this weekend that could allow radioactive waste to be shipped from around the country to Andrews County for storage.
As proposed, the rule would give up to 36 states the ability to apply for the disposal of low-level radioactive waste at the Waste Control Specialists site in Andrews County. Presently the guidelines allow only Texas and Vermont — both states part of the compact that was initially established in 1998 — to ship waste there.
On Nov. 13 the Commission voted to allow for the publishing of the rule. The rule was published in the Texas Register for public review on the Friday after Thanksgiving. Comments being submitted on the document must be e-mailed or postmarked by midnight on Dec. 26, said Margaret Henderson, interim executive director of the commission.
Public Citizen believes the rule puts Texans in danger. The comment period should be longer than 30 days and the adoption of the rules should be put on hold at least until the Legislature convenes in January.
The comment period taking place now is the last step before the rule is accepted.
We will post additional information on how to comment with some suggested topics later this week.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Nuclear, Radiation, Radioactive Waste, Texas Legislature | Tagged Nuclear Regulatory Commission, radioactive waste, Texas |
Bennie Fuelberg, former Pedernales Electric Co-op GM - AAS Photo
With last week’s conviction of Tom Delay, is it too much to hope that another Texas scoundrel gets justice, too?
Less politically charged but no less important, for PEC Director Bennie Fuelberg will go on trial in Fredericksburg, where the trial was moved because the judge decided Fuelberg was unlikely to get a fair trial if tried in Pedernales territory. He was probably right.
Patrick George of the Austin American Statesman wrote extensively about the trial and the actvities leading up to the trial this morning.
From the Austin American Stateman article:
In what is arguably the climax to more than three years of lawsuits, grand jury indictments, legislation, allegations of corruption, congressional hearings, reforms and resignations at the Pedernales Electric Cooperative not to mention newspaper stories detailing it all the utility’s former chief executive will go on trial today in Fredericksburg.
Before his June 2009 indictment on felony theft and money laundering charges, former Pedernales General Manager Bennie Fuelberg was one of the Hill Country’s most prominent citizens. Now, his name is often tossed about by co-op leaders and employees as synonymous with scandal and cronyism.
The trial, prosecuted by the Texas attorney general’s office after a Hill Country district attorney stepped aside, could be the completion of Fuelberg’s fall from grace — or it could result in his exoneration.
Fuelberg, who ran the nation’s largest member-owned electric utility for more than 30 years, is charged with misapplication of fiduciary duty in excess of $200,000, theft of property in excess of $200,000 and money laundering between $100,000 and $200,000. The first two charges are first-degree felonies that carry a penalty of up to 99 years in prison if convicted; the last charge is a second-degree felony that carries up to 20 years.
Fuelberg and the co-op’s former outside counsel, Walter Demond, were indicted on identical charges last year after a five-month grand jury investigation. Demond will be tried after Fuelberg. Both have pleaded not guilty. The grand jury’s term has since expired, and no other indictments have been handed up.
The criminal charges stem from accusations that the men arranged for thousands of dollars of co-op money to be paid to relatives of Pedernales executives. According to the indictments, payments exceeding $200,000 went to Curtis Fuelberg, Bennie Fuelberg’s brother, and William Price, the son of former Director E.B. Price. Continue Reading »
Posted in Co-op Reform | Tagged Bennie Feulberg, corruption, pedernales electric cooperative, Texas |
We’re always pleased to post what’s going on with blogs around the state from our friends at the TPA. Lots of blog posts seemed to revolve around the conviction of Tom DeLay, which we would like to point out that we posted on first here.
The Texas Progressive Alliance hopes you got your recommended allowance of tryptophan last week as it brings you the blog highlights.
Off the Kuff celebrates the DeLay verdict.
Bay Area Houston has a visual suggest to the Judge in the Tom DeLay trial on what to do with DeLay.
Did employers or their representatives provide ‘assistance’ to their employees as they voted in La Joya? CouldBeTrue of South Texas Chisme would really like to know.
Public Citizen over at TexasVox is getting ready for the Sunset hearings on the TCEQ and Railroad Commission coming up December 15-16 by looking at a national report which gives Texas’ regulatory agencies a D-.
Lightseeker raises a red flag over the morphing of the MSM coverage of Tom DeLay’s conviction. In his piece entitled The DeLay verdict – Politics as usual? Crime and Punishment? Why it Matters he argues that this is simply a case study in why we find it so hard to get our message out. Either out of boredom or malice or laziness or simple lack of time or understanding the MSM often carries water for the other side in how they cover/frame important issues. He wonders what can be done?
Republicans in the Texas Legislature filed a series of anti-immigrant bills, so, Stace at DosCentavos asks the question: Are You Willing to Boycott Texas? It’s a serious question that will come up as these bills go through the process and quite possibly get to the floor.
Sen Jeff Wentworth pre-filed legislation for the coming session that eliminates straight-ticket voting. PDiddie at Brains and Eggs thinks he’s a lone voice of reason on the right.
Reverend Manny at BlueBloggin takes an in depth look at freedom of speech. On the whole, the September FBI crackdowns are symbolic, and a local reminder, of an international repressive wave against transparency, criticism and rational, open dialogue. The Front Lines of Reality: An International Perspective on the Battle over Free Speech.
WhosPlayin brings you a video tour of one of the modern drilling rigs that one company is using to drill in urban areas in the Barnett Shale.
Neil at Texas Liberal visited Austin this past week. He enjoyed his late night drive back home to Houston a great deal. Neil liked this ride so much, he wrote a blog post listing seven reasons the ride was so enjoyable.
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in News Roundup | Tagged Barnett shale, jeff wentworth, Texas, Tom Delay |
November 28, 2010 by Citizen Carol
Join us to celebrate the holidays at our 3rd Annual Austin Green Holiday Party, hosted this year by 10 great organizations.
Fiesta Gardens (2100 Jesse E. Segovia St., Austin, TX 78702)
Thursday, December 16th, 2010 from 5:30pm-9:30pm
Registration: Pre-Registration ONLY for this Event (No Cash Accepted at Door)
- Click here for $30 General Admission Pre-Registration
- Click here for $20 for Members of one of the Co-Hosting Organizations
- To join Public Citizen, click here.
Network and learn about the hosting organizations and come together for a unified 2011. Celebrate the holidays with us and enjoy music, great food, beer, wine and other beverages, as well as holiday cheer…
Live Music by: Austin Eco-Musicians (Reed Sternberg, Bill Oliver, Frank Meyer and More!) with Tribal Nation, the Austin reggae band later in the evening.
Food: Barr Mansion (Please help support our event sponsor and friend to the environmental community, the Barr Mansion. They are catering this event, even as their own facility is being rebuilt after the fire.)
- Blue Cheese and Winter Squash Sandwich
- Chicken and Pepperoni Sandwich
- Sundried Tomato White Bean Dip with Crostini
- Basil Hummus and Cracker Shards
- Local Organic Farm Salad Station with assorted dressings
Beverages: Beer, Wine, Sodas, Teas and water will be provided by the following sponsors:
About the Co-Hosts: Texas Green Network •Public Citizen • SEED Coalition • Sierra Club • Design Build Live • Austin EcoNetwork • Solar Austin • NetImpact •
Texas League of Conservation Voters • Austin Physicians for Social Responsibility Continue Reading »
Posted in green jobs | Tagged austin texas, holiday party, sustainability, Texas |
November 27, 2010 by Citizen Carol
The Alliance for a Clean Texas (ACT) hosts another town hall addressing TCEQ sunset.
[vimeo 17100424]
Posted in Air Quality, Sunset, TCEQ | Tagged alliance for a clean texas, clean air, Sunset Advisory Commission, Texas, Texas Commission on Environmental Quality |
November 26, 2010 by Public Citizen Texas
Joe Shirley Jr., President of the Navajo Nation
I’m not (by any stretch of the imagination) an expert on Native American affairs, but there is an interesting and rather sad drama playing out in the Navajo Nation (a semi-autonomous Native American homeland covering parts of Arizona, Utah and New Mexico). The Nation also encompasses the Hopi Reservation, represented by the Hopi Tribal Council. Here is a USA Today article of September 30, 2009, in part:
PHOENIX — The president of the Navajo Nation joined other Native American leaders this week in assailing environmentalists who have sought to block or shut down coal-fired power plants that provide vital jobs and revenue to tribes in northern Arizona. Continue Reading »
Posted in Coal, Consumers, Global Warming | Tagged arizona, Coal, coal plant, Energy, environment, green jobs, Hopi, Navajo Nation, Navajo people, peabody, Peabody Energy, renewable energy, Texas |
November 25, 2010 by Citizen Carol
If you are traveling this holiday weekend, here’s a short cautionary tale for your holiday enjoyment.
A musician named Dave Carroll recently had difficulty with United Airlines. United apparently damaged his treasured Taylor guitar ($3500) during a flight. Dave spent over 9 months trying to get United to pay for damages caused by baggage handlers to his custom Taylor guitar.
During his final exchange with the United customer relations manager, he stated that he was left with no choice other than to create a music video for youtube exposing their lack of cooperation. The manager responded: “Good luck with that one, pal”.
So he posted a retaliatory video on youtube. The video has since received nearly 9 and a half million hits. United Airlines contacted the musician and attempted settlement in exchange for pulling the video. Naturally his response was: “Good luck with that one, pal”.
Taylor Guitars sent the musician 2 new custom guitars in appreciation for the product recognition from the video that has led to a sharp increase in orders.
Here’s the video ….
[youtube=http://www.youtube.com/v/5YGc4zOqozo?fs]
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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.
Posted in Energy, Global Warming, green jobs, Transportation | Tagged consumer protection, Guitar, music, Musician, Texas, United Airlines, United Breaks Guitars |
Freedom from Want? With climate change, Thanksgiving could be anything but
As families attempt to reunite for the holidays, we are awash in bad weather across the US. And while we are enjoying wonderful weather down here in Texas at the moment, the rest of the country is not so fortunate. My friends in the Pacific Northwest are dealing with snow and ice, and the same storm is causing blizzard conditions from Reno to Denver. One of my friends in Utah referred to their blizzard as the “Snowpocalypse.” Much of the Midwest is faring as badly, with delays at some of our biggest hub airports– Chicago, Denver, and Atlanta, etc– because of weather.
Wait, wait– I thought we were talking about “global warming”– you know? Shouldn’t that mean that that in Seattle and Portland they should be wearing shorts and sipping frozen beverages instead of battling frozen roads? Au contraire, mon frere. A warming Arctic has pushed colder air south to the US and Europe, and warmer oceans are putting more water vapor into the atmosphere, causing more extreme weather. Continue Reading »
Posted in Global Warming | Tagged climate change, environment, public citizen texas, Texas, Thanksgiving, turkey |
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