[Texgreen] Fwd: [AustinEcoNetwork]TXU coal plant alert

[Michael Grant]

Begin forwarded message:

> From: "Austin Eco Network" <AEN@austineconetwork.org>
> Date: December 8, 2006 9:50:47 AM CST
> To: aen@austineconetwork.org
> Subject: [AustinEcoNetwork]TXU coal plant alert
> Reply-To: <AEN@austineconetwork.org>
>
> Travis Brown <tbrown@orca.state.tx.us> wrote:
> This is urgent. Next Tuesday, Dec. 12 is the deadline for filing =20
> public comments with the U.S. Dept. of Justice regarding TXU=92s =20
> effort to build the dirtiest of its coal plants near Rockdale.  =20
> (This would be the one closest to Austin.)
> We now have an email address and fax number to send comments to:
> Tonia.fleetwood@usdoj.gov
> Fax: 202-514-0097
> Phone confirmation # for Tonia Fleetwood: 202-514-1547
> Thanks,
> Travis Brown
> Neighbors for Neighbors
> 936-7878
> As you may already know, the federal government has struck a shady =20
> deal with Alcoa and TXU that, if approved by a federal district =20
> judge, would allow TXU to build at Rockdale what will be the =20
> dirtiest of the 11 coal plants it hopes to build in Texas. There is =20=

> a public comment period on this deal, and we need as many letters =20
> submitted opposing it as we can get.  The deadline is Dec. 12.
> We believe we have a chance to stop this crooked deal. Please help =20
> us by sending a comment letter to:
> Assistant Attorney General
> Environment and Natural Resources Division
> P.O. Box 7611
> U.S. Department of Justice
> Washington, D.C. 20044-7611
>
> Your letter should make reference to United States v. Alcoa Inc., =20
> D.J. Ref. No. 90-5-2-1-07723/1
> For those of you with other groups, if you could pass this request =20
> along to your networks, it would be greatly appreciated.
> Below are a few sentences you can use as the basis for your letter. =20=

> If you live in Lee, Bastrop or Travis counties, please state so in =20
> your letter. Below the sample letter are several other items you =20
> may find of interest:
> - A longer version of talking points you may use in your letter.
> - The official notice for public comment.
> - A recent related article from the Austin American-Statesman.
> - A related press release from Environmental Defense.
> If you have questions, please feel to contact me. We are working =20
> with Environmental Defense, Public Citizen and other groups to get =20
> comment letters statewide.
> Travis Brown
> Neighbors for Neighbors
> travisbrown@totalaccess.net
> (512) 273-2983
> Here's the brief version of points to make in your letter:
> =93I=92m opposed to this proposed stipulation. This agreement would =20=

> allow TXU to build what would be dirtiest of the 11 new coal plants =20=

> it hopes to build in Texas.  Alcoa and TXU have missed the =20
> deadlines in the consent decree to build a new power plant at =20
> Rockdale using an existing permit that requires only out-of-date =20
> air pollution control technologies.
> If TXU wants to build a new coal plant at Rockdale, then it should =20
> obtain a new permit from the state, one that ensures the new plant =20
> will as clean as possible.  Alcoa also has exceeded air pollution =20
> limits in the consent decree.  Why should Alcoa be rewarded by the =20
> federal government with this agreement when it has failed to meet =20
> its existing legal obligations?
> This agreement rewards Alcoa and TXU with an extended deadline to =20
> build a new coal plant using an out-of-date permit. But the =20
> agreement provides no real benefits for Texans. It was not =20
> negotiated in the best interests of Texans or in the interests of =20
> protecting air quality in Texas.=94
>
> Here is the longer version, if you'd like to use more detail:
>  1. This agreement between the federal government and Alcoa and TXU =20=

> would allow TXU to build what would be the dirtiest of the 11 new =20
> coal-fired power plants TXU plans to build in Texas. (The proposed =20
> plant also would be the dirtiest of the 18 new plants proposed for =20
> Texas and probably among dirtiest of the more than 100 hundred new =20
> coal plants proposed for the U.S.)
>  Those who live in communities near the proposed TXU plant at Alcoa =20=

> demand that if TXU builds a plant there, it should be as clean as =20
> possible.  At the least, it should be as clean as the other new =20
> plants TXU proposes to build in Texas.
> 2. Alcoa, and TXU, have missed the deadlines in the consent decree =20
> for construction of a new power plant at Rockdale. Therefore, =20
> they've missed their chances to build a new power unit under the =20
> terms of the decree, including using Alcoa=92s existing permit for a =20=

> new power plant.  That existing permit is four years old and =20
> employs pollution control technologies more than a decade old.
>  As a result of Alcoa missing the deadlines in decree, TXU should =20
> be required to obtain a new permit from the Texas Commission on =20
> Environmental Quality, one that employs modern air pollution =20
> control technologies and ensures the cleanest air possible for a =20
> new unit at Rockdale. In a Nov. 25, 2006 editorial, The New York =20
> Times criticized TXU's plans to build its proposed new coal plants =20
> with old technologies. The Times stated, "The company (TXU) says =20
> the older models are more reliable.  But the real reason it likes =20
> the older models is that they are easier to build, cheaper to run =20
> and, ultimately, much more profitable."
> 3.  Alcoa has failed to meet the terms in the existing consent =20
> decree, both by emitting more air pollution than the decree allows =20
> and by missing deadlines for construction of a new unit.
>  Why should Alcoa be rewarded with this agreement by the federal =20
> government when it has failed to meet its existing obligations?
>  4. The terms of this agreement cited by the federal government as =20
> pluses for citizens and the environment are bogus.  The reductions =20
> in nitrogen oxide cited in the agreement are reductions TXU already =20=

> has committed to achieving anyway.  The so-called =93early shutdown=94 =
=20
> of the three old Alcoa units by the end of 2006 is meaningless.
>  Alcoa should be required to shut down the existing units at the =20
> end of this year anyway, since by failing to meet conditions in the =20=

> consent decree it has defaulted to the decree's shutdown that =20
> requires the old units to be shut down at the end of 2006.  It=92s =20
> ludicrous for the federal to government to claim an early shutdown =20
> of four months - at the end of 2006 rather than at the end of April =20=

> 2007 =96 is a victory when those units have been polluting for more =20=

> than 50 years and polluting in violation of the Clean Air Act for =20
> more than 15 years.
>  5. Allowing TXU to build a new unit that will be far dirtier than =20
> it could be only worsens the impact on already threatened air =20
> quality in the Austin and Dallas/Fort Worth areas.  Emissions from =20
> the new plant could play a major role determining whether the =20
> Austin area reaches non-attainment status for ozone under the Clean =20=

> Air Act.
>  6. We believe this agreement is the result of officials with the =20
> U.S. Dept. of Justice and the U.S. Environmental Protection Agency =20
> caving in to political pressure exerted at high levels by Alcoa and =20=

> TXU. It was negotiated without participation of the citizens' =20
> groups who are parties to the consent decree and was negotiated =20
> over their objections. It was not negotiated in the best interests =20
> of the citizens of Texans or air quality in Texas.
>  7. The future of Alcoa's smelter at Rockdale is not dependent on =20
> this agreement, or on whether TXU builds a new unit at Rockdale. =20
> It's quite possible that Alcoa will shut down the smelter in the =20
> next few years anyway, since it is building several new smelters in =20=

> Iceland, Trinidad and other foreign locations.  Alcoa purposely =20
> chose not to build a new power unit and instead opted to have a =20
> third party do so, leaving it free to close the smelter in the =20
> future. Also, there is information from Alcoa employees that the =20
> company may sell its new Three Oaks Mine to TXU.  Alcoa already =20
> gets half the power from TXU's existing Sandow 4 unit at Rockdale - =20=

> providing enough power to keep the six-potline smelter running at 4 =20=

> 1/2 potlines.  If TXU does not build a new unit at Rockdale, Alcoa =20
> could buy extra power off the grid to keep the smelter at full =20
> capacity, just as it plans to do in the interim between the time =20
> the old units are shutdown and any new unit is built.  (Also, we =20
> believe if TXU does not get to build a new unit under terms of the =20
> consent decree, it will seek a new permit from TCEQ - it's already =20
> invested heavily in a new unit at Rockdale and has a brand new =20
> lignite strip mine at the site.)
> Here's the official notice for public comment:
> NOTICES
>
> DEPARTMENT OF JUSTICE
>
> Notice of Filing of Proposed Stipulation by the United States To =20
> Resolve Certain Alleged Violations of a Clean Air Act Consent =20
> Decree With Alcoa, Inc.
>
> Wednesday, November 22, 2006
>
> Notice is hereby given that on November 15, 2006, the United States =20=

> filed with the United States District Court for the Western =20
> District of Texas, in Cast No. A-03-CA-222-SS, a motion for =20
> judicial approval of a stipulation that it has entered into with =20
> Defendant Alcoa Inc. ("Alcoa") and Intervenor-Defendant TXU Sandow =20
> Development Company LP ("TXU Sandow") to resolve certain alleged =20
> violations of the Consent Decree in this action. The
> specific alleged violations addressed by the stipulation relate to =20
> Alcoa's failure to commence construction of one or more new units =20
> (the "Replacement Sandow Units") to replace the three existing =20
> electricity generating units (the "Existing Sandow Units") at =20
> Alcoa's Rockdale, Texas, facility by April 25, 2005; and Alcoa's =20
> anticipated failure to commence operation of the new
> replacement units by April 25, 2007. The relief provided by the =20
> stipulation is set forth in a proposed order ("Stipulated Order") =20
> that the United States tendered with its motion. This Stipulated =20
> Order provides for, among other things:
> * Payment of $859,000 in stipulated penalties as part of the =20
> resolution of
> Alcoa's anticipated failure to commence timely operation of the =20
> Replacement Sandow Units by April 25, 2007;
> * Shutdown of the three Existing Sandow Units by December 31, 2006, =20=

> roughly four months earlier than required by the consent decree;
> * A commitment by Alcoa and TXU Sandow to commence operation of the =20=

> Replacement Sandow Unit with full emission controls by no later =20
> than August 31, 2009;
> * A commitment by Alcoa and TXU Sandow to achieve an emission rate =20
> for NOX at the Replacement Sandow Unit that is 20% lower than the =20
> rate currently provided for in the Consent Decree; and
> * A commitment by TXU Sandow to install selective catalytic =20
> reduction system ("SCR") to eliminate most of the remaining NOX =20
> emissions from Sandow Unit
> 4-- a unit not previously addressed by the consent decree.
> The Stipulated Order also provides for the addi ion of TXU Sandow =20
> as a party to the Consent Decree, jointly and severally liable with =20=

> Alcoa for the obligations pertaining to the Replacement Sandow =20
> Unit, and solely liable for the obligations pertaining to the SCR =20
> at Sandow Unit 4.
> The Department of Justice will receive for a period of twenty (20) =20
> days from the date of this publication comments relating to the =20
> proposed Stipulated Order. Comments should be addressed to the =20
> Assistant Attorney General,
> Environment and Natural Resources Division, P.O. Box 7611, U.S. =20
> Department of Justice, Washington, DC 20044-7611, and should refer =20
> to United States v.Alcoa Inc., D.J. Ref. No. 90-5-2-1-07723/1.
> The Unites States' Motion for Approval of Stipulation to Resolve =20
> Certain Alleged Violations of Consent Decree, including the =20
> proposed Stipulated Order, may be examined at the Office of the =20
> United States Attorney, Western District of Texas, 816 Congress =20
> Avenue, Suite 1000, Austin, Texas 78701, and at U.S. EPA Region VI, =20=

> 1445 Ross Avenue,  Dallas, TX 75202-2733. During the
> public comment period, the Motion and Stipulated Order may also be =20
> examined on the following Department of Justice Web site,
> http://www.usdoj.gov/enrd/Consent-- Decrees.html. In addition, a =20
> copy of the proposed Stipulated Order may also be obtained by =20
> faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood =20
> @usdoj.gov), fax no. (202) 514-0097, phone confirmation number =20
> (202) 514-1547. In requesting a *67641 copy from the Consent Decree =20=

> Library, please enclose a check in the amount of $5.00 (25 cents =20
> per page reproduction cost) payable to the U.S. Treasury.
>
> W. Benjamin Fisherow,
>
> Deputy Chief, Environmental Enforcement Section, Environment and =20
> Natural Resources Division.
>
> [FR Doc. 06-9353 Filed 11-21-06; 8:45 am]
>
> Justice Department willing to shift on Alcoa settlement
> Companies cheer, citizens and environmental groups boo
> By Asher Price
> AMERICAN-STATESMAN STAFF
> Saturday, November 18, 2006
> In the latest move in a battle over a Central Texas coal-burning =20
> power plant,the federal government appears to be willing to allow =20
> Alcoa Inc. and TXU Corp. to use an old air permit at the site, =20
> instead of having to apply for a new, stricter permit that citizens =20=

> groups have demanded.
> The government's position, laid out in a motion earlier this week =20
> in federal court, opens the way for a deal between the aluminum =20
> giant and the state's largest energy company for control of the =20
> plant, which powers an aluminum smelting operation in Rockdale, =20
> about 60 miles northeast of Austin.
> The government's motion has been cheered by Alcoa and TXU, which =20
> wants to buy Alcoa's air permit rights. Three citizens groups that =20
> were involved in a 2003 settlement with Alcoa said they have been =20
> jilted.
> "TXU should obtain a new permit like any other person in the =20
> state," said Reed Zars, a lawyer who represents Neighbors for =20
> Neighbors, Public Citizen and Environmental Defense, all of whom =20
> were part of the settlement.
> The debate over the Rockdale plant gives a glimpse into efforts =20
> around the state to push for and against the construction of coal-=20
> fired power plants.
> Their advocates, including energy companies and Gov. Rick Perry, =20
> say the plants bring energy and jobs to Texas. Their opponents say =20
> the plants emit far-flung pollution that leads to respiratory =20
> problems, as well as greenhouse gases that contribute to global =20
> climate change.
> Earlier this decade, the citizens and environmental groups accused =20
> Alcoa in a lawsuit of illegally releasing more than 1 million tons =20
> of air pollution from the plantduring a 17-year period.
> As part of the settlement reached in 2003, Alcoa was required to =20
> pay a $1.5 million fine; spend $2.5 million on environmental =20
> mitigation projects in Central Texas; and replace its three coal-=20
> powered generating units at the plant with a new single, cleaner-=20
> burning, coal-powered unit by 2007.
> But Alcoa was unable to find a partner to build the new generator =20
> until TXUstepped forward last year. To sweeten the deal for TXU, =20
> Alcoa has tried to loosen the emissions controls in the 2003 =20
> settlement =97 and continue operating the plant under the company's =20=

> existing air permit.
> Under the current permit, the plant can emit nearly 3,000 tons of =20
> nitrogen oxide annually, equal to the tailpipe emissions of about =20
> 136,000 cars,
> But environmentalists argue that, since the new plant won't be =20
> built by the 2007 deadline, it should require a new, stricter air =20
> permit.
> In August, U.S. District Judge Sam Sparks ruled that Pittsburgh-=20
> based Alcoa could sell its existing permit to TXU but forced the =20
> company to meet with citizen groups and the U.S. Justice Department =20=

> to reach a compromise on air emissions.
> The Justice Department's motion, filed Tuesday, would allow the =20
> companies to use the existing air permit but would impose certain =20
> requirements. The motion:
> =95Asks for $859,000 in penalties because Alcoa will not be able to =20=

> build its new generating unit by the April 25, 2007, deadline set =20
> in the settlement.
> =95Calls for Alcoa to shut down its three old generating units four =20=

> months earlier than called for in the 2003 settlement (a move Alcoa =20=

> itself had suggested).
> =95Calls on the company to achieve an emissions rate for nitrogen =20
> oxide that is20 percent lower than the rate called for in the =20
> settlement agreement.
> Justice Department officials declined to comment on the motion =20
> Friday because the matter is in litigation.
> "This motion represents a good compromise," TXU said in a statement.
> Alcoa spokesman Kevin Lowery emphasized the relationship between =20
> keeping the power at its plant running and keeping jobs at the =20
> smelter.
> "We want to make metal; we want to continue to employ people."
> But citizens groups said the government motion provides Alcoa with =20
> a way out of the strict 2003 settlement, which mandated that the =20
> new plant be up and running next year.
> "It's clear to us the federal government has caved in to political =20
> pressure," said Travis Brown, who heads Neighbors for Neighbors. =20
> The justice department, TXU and Alcoa are "touting this as a vast =20
> improvement. We think that's hogwash."
> Because Alcoa failed to meet the deadline for a new plant, the =20
> citizens groups argue that TXU should have to apply for a new =20
> permit, which would require more stringent pollution standards. =20
> They also say the 20 percent reduction is not new, because TXU has =20
> committed to reducing emissions statewide.
> "We were not included and not invited into any of these =20
> discussions," Zars said. This compromise "is not true to the =20
> objectives we sought in the" settlement.
> And as for jobs =97 the operation employs about 1,000 =97 Zars said =20=

> Alcoa has said it would buy electricity off the market to keep =20
> operations running even if it could not rebuild its own plant.
> Lawyers said they will meet with Sparks next week.
>  Here's the press release:
>
> TXU, Alcoa and Feds Attempt End Run Around Clean Air Act
>
> Back-Room Deal Was Struck Without Involvement or Approval of Local =20
> Groups
>
> (November 16, 2006 - Austin) The federal government, TXU and Alcoa =20
> have cut
> a back-room deal that would circumvent the consent decree =20
> concerning the
> electric power generators at the Alcoa smelter near Rockdale, TX.
>
> The consent decree requires Alcoa and its successors to retrofit =20
> existing
> power units at Alcoa's Rockdale facility, replace the units with =20
> new, clean
> technology, or shut them down.  Alcoa had elected to pursue the =20
> replacement
> option, but has fallen severely behind schedule and will miss the =20
> legal
> deadline.  TXU has a power plant named Sandow 4 on the Alcoa site, =20
> and wants
> to step in for Alcoa to build the replacement units that Alcoa had =20
> agreed to
> construct.
>
> This week's secret deal was struck without the involvement or =20
> consent of the
> local environmental and citizen groups (Environmental Defense, Public
> Citizen and Neighbors for Neighbors) that were parties to the =20
> original 2002
> lawsuit and resulting consent decree. These local groups object to =20
> both the
> process and the substance of the proposed deal.
>
> A motion to codify this settlement was made before U.S. District =20
> Court Judge
> Sam Sparks by the federal government, TXU and Alcoa, without the =20
> involvement
> or approval of Environmental Defense, Public Citizen or Neighbors for
> Neighbors.
>
> "This is a shady, back-room deal, and we will ask Judge Sparks to =20
> deny it,"
> said Environmental Defense regional director Jim Marston. "TXU, =20
> Alcoa and
> the government negotiated this secret settlement without including =20
> the very
> groups that brought the suit and signed the consent decree. Judge =20
> Sparks has
> followed the letter of the law in this case, and we will ask him to =20=

> do so
> once again."
>
> Alcoa has not met the requirements of the consent decree. Yet =20
> approval of
> this deal would allow TXU to build a new plant (Sandow 5) at the =20
> Rockdale
> facility that is even dirtier than the other coal plants the =20
> company has
> proposed in Texas. Not only would this plant not be the cleanest =20
> plant in
> the country (a marketing claim TXU has made about its planned coal =20
> plants),
> but it wouldn't even be the cleanest plant in Milam county.
>
> The secret deal is being touted by EPA as better than the Alcoa =20
> consent
> decree. In fact, the deal between EPA and TXU is much worse than =20
> what would
> otherwise be required by the existing consent decree.  The language =20=

> of the
> consent decree is being twisted to allow TXU to construct a new =20
> unit under
> an old permit issued to Alcoa that does not require today's best =20
> pollution
> control technology.
>
> "When you buy property from someone, you have to honor that =20
> property's prior
> deed restrictions," said Marston. "TXU knew about this agreement =20
> beforehand,
> and chose to proceed down this risky legal road anyway. And now =20
> they're
> acting like they're being victimized by the law when they're simply =20=

> being
> asked to follow it."
>
> The secret deal would not require TXU to use the same pollution =20
> control
> technology at the new unit that the company plans to use on the =20
> plant right
> next door (Sandow 4). There is no technical reason why TXU cannot =20
> build a
> cleaner plant on this site.
>
> "Another day, another attempt by TXU to skirt the law," Marston =20
> said. "Alcoa
> agreed to these terms, and TXU is trying to change the rules and =20
> avoid its
> obligations under the Clean Air Act."
>
> Environmental Defense, a leading national nonprofit organization, =20
> represents
> more than 500,000 supporters. Since 1967, Environmental Defense has =20=

> linked
> science, economics, law and innovative private-sector partnerships =20
> to create
> breakthrough solutions to the most serious environmental problems.  =20=

> The
> Texas office was established in Austin in 1990.
> Here's a link to the proposed stipulated order, which is the deal =20
> we're talking about: http://www.usdoj.gov/enrd/Consent_Decrees/=20
> Alcoa/alcoa.html
> __._,_.___
>
> From: AEN@austineconetwork.org [mailto:AEN@austineconetwork.org]
> Sent: Wednesday, December 06, 2006 11:36 PM
> To: aen@austineconetwork.org
> Subject: [AustinEcoNetwork]AustinEcoNetwork Founder Brandi Clark on =20=

> 'GREEN' KOOP Radio: THURS @ 1pm
>
> Sustain-A-Ball founder and eco-vendor extrordinaire Chris Searles =20
> will be sharing the air with me. Tune in if you can.  I apologize =20
> for any email back-ups this week. I overstuffed my Outlook with =20
> 200xs the allowed capacity and have been trying to unjam it all =20
> week. Hopefully I will be online with all my accounts tomorrow. If =20
> it's urgent write me at my brandi_clark@yahoo.com address. Peace, =20
> Brandi
>
> Ken McKenzie-Grant <kmckenzie3@austin.rr.com> wrote:
> For Immediate Release:
>
> THURSDAY Dec. 7, listen to KO.OP Radio @ 91.7 FM, for the ''SHADES =20
> OF GREEN" program at 1o'clock PM.
>
> Environmentally-oriented "Shades Of Green" made its debut in recent
> weeks on Austin's Community Station as part of the new winter =20
> Schedule of diverse Music & Talk programming,  which is available =20
> to global listeners as a live web-stream through the URL address: =20
> http://www.koop.org/
>
> This week features a Live interview on the How and Why of Austin's
> EcoNetwork list-serve with Moderator and master networker BRANDI =20
> CLARK, whose contribution to the new non-profit effort "Austin =20
> CarShare" is helping to keep Texas' capital city on America's =20
> environmental cutting edge.
>
> This Thursday's edition will also highlight another new local =20
> event: Saturday's 'GREEN Holiday Festival' & Sustainable Shopper's =20
> Ball.
>
> "Shades Of Green" focuses weekly on a range of subjects including
> RENEWABLE ENERGY, PERMACULTURE, NATURAL BUILDING and central Texas' =20=

> continuing enthusiasm for health-oriented LIFE STYLE choices.
>
> Tune in for this farewell broadcast from KO.OP's temporary location
> before Austin Community Radio moves to its brand new digital home =20
> in non-flammable studios at East 38th Street & Airport Boulevard.
> Mayor Will Wynn is slated to sign the station on the air Saturday, =20
> December 9th at 9 AM. Join us!
>
> PLEASE FORWARD
>
> For more information:
> KO.OP Radio 91.7 FM (512) 472-5667
> Producer Ken McKenzie (512) 302-1563
> Co-Host Jennifer Nazak
>
>

--=20
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"Monolingualism is a form of oppression!"
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