Climate 411

EPA Getting It Right: Supreme Court Affirms EPA’s Common-Sense Approach to Controlling Air Pollution from Power Plants

By Megan Ceronsky / Published: May 1, 2014

(This post was co-authored by EDF Attorneys Megan Ceronsky and Graham McCahan)

In a tremendous victory for clean air, the U.S. Supreme Court issued a landmark decision this week upholding the Cross-State Air Pollution Rule.

The high court found the Environmental Protection Agency’s (EPA) rule to be a:

permissible, workable, and equitable interpretation of [the Clean Air Act]. (page 32 of the decision)

The Cross-State Air Pollution Rule is a common-sense and cost-effective framework to protect American communities from the dangerous air pollution that is emitted by coal-fired power plants and then carried by the wind from one state to another.

The Cross-State Air Pollution Rule implements the “good neighbor” provision of the Clean Air Act, which Congress put in place to address this problem.

The “good neighbor” provision requires each state to curb emissions from in-state power plants that interfere with the ability of downwind states to secure clean and safe air for their citizens.

By cutting the emissions that create smog and soot, the Cross-State Air Pollution Rule — when implemented – will avoid up to 34,000 premature deaths, prevent 400,000 asthma attacks, and provide up to $280 billion in health and environmental benefits each year.

Downwind communities will finally have cleaner, safer air to breathe.

This victory is only the latest in a series of court decisions upholding EPA’s actions to address harmful pollution from power plants as firmly grounded in law and science.

Just two weeks ago, for example, the U.S. Court of Appeals for the D.C. Circuit upheld the agency’s landmark standards to cut mercury and other toxic pollutants emitted by power plants.

The Mercury standards will eliminate 90 percent of the mercury emitted by coal-fired power plants. They will avoid 11,000 premature deaths each year while preventing thousands of heart attacks, bronchitis cases, and asthma attacks. They will also save up to $90 billion a year by reducing sick days and trips to emergency rooms.

As we look forward to the proposal of the Carbon Pollution Standards for power plants, we expect more of the same — common-sense, cost-effective standards, built on a solid legal foundation, which will finally curb climate-destabilizing emissions from the largest source of this pollution in our country.

The Supreme Court’s ruling made Tuesday a wonderful day for clean air.

We believe more good air days are yet to come.

Also posted in Clean Air Act, EPA litgation, News, Policy / Comments are closed

Why Latinos are disproportionately affected by asthma — and what we can do

By Lucía Oliva Hennelly / Published: April 22, 2014

(Para leer en Español haga clic aquí)

This post was co-authored by Rachel Shaffer  and Declan Kingland, National Health Programs Coordinator for the League of United Latin American Citizens (LULAC).

Today in the United States, Latinos are three times more likely to die from asthma than other racial or ethnic groups. Latino children are 40 percent more likely to die from asthma than non-Latino whites, and nearly 1 in 10 Latino children under the age of 18 suffer from this chronic respiratory illness. Addressing the dangerous indoor and outdoor air pollution that is linked to asthma is critical for the health of Latino communities – and for all Americans.

Socioeconomics

Latinos are one of the poorest demographics in the United States, with roughly 1 in 4 Latinos living under the poverty level. Many Latinos also face challenges due to limited English-language proficiency, and in some cases, low levels of education. These issues can lead Latinos, particularly new immigrants, to low-paying jobs, often in the fields of agriculture, construction, and service.

Too often, these jobs expose workers to serious respiratory hazards from both indoor and outdoor air pollution, yet they frequently provide no healthcare benefits. For example, the toxic chemical formaldehyde, which is linked to asthma, can be found in glues, insulation, and wood products to which construction workers are disproportionately exposed. Asthma-related toxics can also be found in paints, cleaning products, carpets, and foam cushions.

Housing

Low-paying jobs held by Latinos lead to low-income families, and these families can be at even greater risk for asthma if their housing is substandard or if their home is located near major roadways, factories, or power plants, which produce air pollutants that can exacerbate asthma. People with asthma are especially sensitive to the pollutants released from cars, buses, heavy machinery, factories, and power plants, including particulate matter (soot), ground-level ozone (smog), carbon monoxide, and more.

Nearly 1 in 2 Latinos in the U.S. live in counties that frequently violate ground-level ozone standards.  Latinos are also 165% more likely to live in counties with unhealthy levels of particulate matter pollution than non-Latino whites, and nearly 2 in 5 Latinos lives within 30 miles of a power plant. Asthma triggers can also be found inside the home – from ethanolamines found in cleaning products, to bisphenol-A (BPA), a toxic chemical found in plastic products and food can linings.  Some asthma-linked toxic chemicals are even found in personal creams and lotions.

Healthcare

Statistics show that Latinos face disproportionate exposures to asthma-exacerbating indoor and outdoor air pollution. At the same time, Latinos face added challenges when seeking adequate healthcare. This is due in part to the language, educational, and economic barriers mentioned previously, which can limit access to or awareness of available health care resources that may be available. In fact, nearly 1 in 3 Latinos lacks health insurance.

These barriers to health care access can have significant consequences:

  • Compared to non-Latino whites, Latinos with asthma are less likely to be prescribed appropriate asthma medications and less likely to have access to asthma specialists.
  • Latinos who have an asthma emergency that sends them to the ER or hospital are also less likely to receive follow-up care or an asthma action plan.

Combined, these serious issues can make an otherwise manageable disease life-threatening.

What we can do

While these challenges are daunting, we have an opportunity to address part of the problem by demanding that our leaders take action to reduce asthma hazards – for Latinos, and for the nation as a whole. This is why EDF and League of United Latin American Citizens (LULAC) have come together this year to help raise awareness among and empower Latinos in the U.S. to better combat this often preventable illness by strengthening the air pollution and chemicals laws that protect us.

We at EDF and at LULAC encourage you to ask your Congressman to:

Nationwide, Latinos are among the 25 million people – including 7 million children – affected by asthma.  We can help address the immediate problem through other avenues – like improving health care coverage or worker protections.  But ultimately, we need to address the root of the problem. We need to get rid of the air pollution and toxins that are linked to asthma.  All of us, including our Latino communities, should act now to get rid of the underlying causes of the disease. Until we do, we are all at risk.

Also posted in Latino partnerships, Partners for Change / Authors: / Read 2 Responses

Cleaner Cars Trifecta: Benefits for Health, Businesses, and the Environment

By Mandy Warner / Published: March 3, 2014

A set of national clean car standards that have long been debated are, finally, a reality.

The U.S. Environmental Protection Agency (EPA) announced those standards, commonly known as Tier 3, today.

The terrific news is that these rigorous tailpipe and cleaner fuel standards will deliver vital and swift health benefits for our communities and families.

Tier 3 is indeed a win-win-win for public health and the environment, the economy, and businesses.

EPA’s Tier 3 standards will provide benefits from day one by reducing dangerous pollutants in fuel.

They’ll cut even more vehicle and fuel emissions when the standards take full effect in 2017 – including reducing the levels of nitrous oxides, volatile organic compounds, air toxics, and fine particulate matter – better known as soot.

The health benefits at stake are so high that almost 500 health and medical professionals recently wrote to President Obama, urging prompt finalization of Tier 3 standards:

“Unhealthy air imposes the risk of serious health impacts on millions of Americans. We see those impacts on our patients’ health, in public health, and in our research.”

By 2030, the emission reductions from the tightened fuel and vehicle standards will prevent:

  • Up to 2,000 premature deaths
  • 2,200 hospital admissions and asthma-related emergency room visits
  • 19,000 asthma attacks
  • 30,000 upper and lower respiratory symptoms in children
  • 1.4 million lost school days, work days and days of minor-restricted activities

The monetized net benefits of the avoided health impacts are as much as $19 billion every year.

And we get all of this for the cost of well under a penny per gallon of gas.

It comes as no surprise then that the Tier 3 standards enjoy broad support among diverse stakeholders including car companies, manufacturers, environmental justice groups, health groups and medical professionals, labor, blue and red states, environmental groups, faith groups, and advocates for consumers.

Utah has had to confront its growing air pollution problem, and its leaders have expressed support for the Tier 3 standards and improving air quality. Republican Governor Gary Herbert reiterated Utah’s commitment in his January 29th State of the State address:

“…We will accelerate the transition to cleaner Tier 3 gasoline and the next generation of lower-emission vehicles. Because nearly 60 percent of our pollution during inversions comes from tailpipes, and the technology already exists to do something about it, there is absolutely no reason to wait. By taking initiative, we ensure these cleaner gasolines and lower-emission vehicles, which burn 80 percent cleaner than current models, are made available in Utah as soon as possible.” 

In addition to the public health benefits of the cleaner fuel and vehicles, Tier 3 standards will help many domestic businesses.

Emissions control technology makers will see growing business from implementation of the standards. Tier 3 will also help the auto industry meet greenhouse gas emission and fuel economy standards, and deliver its “cleaner vehicles” promise to America.

Many individual oil refiners have stated that Tier 3 will not materially impact their business. In fact, refiners in California are already producing ultra-low sulfur fuel.

In the fuel clean-up process at oil refineries, Tier 3 standards could create nearly 25,000 jobs in construction, as oil refineries modernize their facilities. The standards could also create more than 5,000 permanent operations jobs.

For every dollar invested in meeting the Tier standards we will receive up to 13 dollars in benefits.

This is a significant victory for cleaner air, and it would not have been possible without the tremendous efforts of the more than 47,000 of you who wrote to EPA in support of Tier 3!

I now have another favor to ask of you — please send a thank you note to EPA Administrator Gina McCarthy and her team at EPA for their diligence in getting these life-saving standards across the finish line.

And my immeasurable thanks to all of you for your efforts in the fight for cleaner, safer air!

Also posted in Cars and Pollution, Policy / Comments are closed

Super News in Crossing the Goal Line to Cleaner Cars and Healthier Air

By Mandy Warner / Published: January 29, 2014

This is a big week for major events, from State of the Union address last night to the Super Bowl this weekend.

But there’s one more milestone you might not have heard of yet — America is poised to make major progress in crossing the goal line to cleaner cars and cleaner gasoline.

The Tier 3 tailpipe and low sulfur gasoline standards are undergoing final review now at the White House.

Tier 3 standards will pave the way for a fleet of cleaner cars beginning in model year 2017 by reducing the emissions that contribute to dangerous soot and smog.

You can read more about what Tier 3 is and why it matters here.

Cars and light trucks are the second largest emitters of oxides of nitrogen and volatile organic compounds in the U.S. Those are the primary pollutants that form ozone.

According to EPA, the Tier 3 standards as proposed would slash the level of those pollutants by 80 percent.

By 2030, the Tier 3 standards will prevent 2,400 deaths every year, prevent tens of thousands of cases of respiratory illnesses in children, and provide total health-related benefits worth up to $23 billion per year.

The proposed Tier 3 standards would also establish a 70 percent tighter standard for particulate matter.

Particulate matter, more commonly known as soot, is one of the most dangerous types of air pollution. It has been linked to asthma attacks, bronchitis, heart attacks and other types of heart and lung diseases.

We need your help ensuring these clean air protections for our communities and families cross the goal line.

The Tier 3 standards enjoy wide support from states, businesses, public health associations, environmental groups, environmental justice organizations, and auto manufacturers.

Here are some of their comments:

The Alliance of Automobile Manufacturers and the Association of Global Automakers said:

 Sulfur inhibits the catalytic converter’s ability to reduce vehicle emissions, so lower sulfur at the pump means fewer exhaust emissions in the air. And because lower sulfur reduces emissions from all vehicles, the proposed sulfur reductions would achieve Day One benefits, immediately reducing emissions from every gasoline-powered vehicle on our roads, no matter how old.

Labor groups such as the United Auto Workers have also weighed in with their strong support:

Upon full implementation, the proposed rule will reduce the amount of sulfur in our gasoline by two-thirds. This is one of the most cost-effective ways for us to get cleaner and healthier air while strengthening our domestic auto sector and creating thousands of new jobs.

A broad coalition of health organizations – including the American Academy of Pediatrics, the American Heart Association, the American Lung Association, the American Public Health Association, the American Thoracic Society, the Asthma and Allergy Foundation of America, Trust for America’s Health, Healthcare Without Harm, and the National Association of City and County Health Officials – had this to say:

These standards are urgently needed and will help protect the health of millions of Americans who continue to breathe unsafe air … Abundant scientific evidence exists on the health effects of ozone, particulate matter and other pollutants from tailpipe exhaust. Tier 3 standards will be effective tools to reduce such pollution and improve air quality.

National Association of Clean Air Agencies said:

The emission reductions that would result from the Tier 3 program proposed by EPA will benefit the citizens in every state and locality across the country… State and local air pollution agencies are relying on EPA to adopt the Tier 3 rule.

Please join the hundreds of thousands of Americans who are lending their strong support to ensure these clean car standards cross the goal line and deliver super health benefits for our nation.

Also posted in Cars and Pollution, Clean Air Act, News, Policy / Comments are closed

EPA Publishes Proposed Standards to Limit Carbon Pollution from New Power Plants

By Mandy Warner / Published: January 8, 2014

November of 2013 was the warmest November on record.

It was also was the 345th consecutive month (that’s almost 29 years!) with a global temperature above the 20th century average, according to the most recent data from NOAA.

So while some folks may be dismissing climate change because of the current blisteringly cold weather in parts of the U.S., we are still very clearly seeing the long-term trend of warming that experts at leading scientific and government agencies (like NASA and many, many others) agree is occurring.

This long-term trend of warming and the serious consequences at stake underscores the need to address carbon pollution now.

Here’s some good news on that front:

Today, the U.S. Environmental Protection Agency (EPA) published its proposed standards to limit carbon pollution from new power plants in the Federal Register.

There are currently no national limits on carbon pollution from power plants, the single largest source of this pollution in the United States.

The standards published today will help ensure that we get our power from cleaner sources, and that we reduce climate-destabilizing pollutants like carbon dioxide.

Cleaner power means healthier lives for millions of Americans.

We are learning more and more about the impact of climate change on human health. From increased asthma attacks to disease and sanitation concerns, a changing climate will have a significant impact on Americans’ health now and in the future.

  • In one recent study, Harvard researchers found that high temperatures correlated with more hospital visits for five conditions including kidney, glandular, and urinary tract problems; accidents; and self-harm.
  • In another study, researchers found that those suffering from allergies or asthma are likely going to have to cope with earlier pollen seasons for some allergenic species in a changing climate.

Health groups, states, moms, environmental groups, and businesses have all expressed support for common-sense limits on carbon pollution. About four million Americans have written to EPA in support of carbon pollution standards for power plants.

This opinion piece from the American Medical Association may best sum up the health risk if we don’t act:

If physicians want evidence of climate change, they may well find it in their own offices. Patients are presenting with illnesses that once happened only in warmer areas. Chronic conditions are becoming aggravated by more frequent and extended heat waves. Allergy and asthma seasons are getting longer. . . . Rising air and water temperatures and rising ocean levels since the late 1960s have increased the severity of weather, including hurricanes and droughts, and the production of ground-level ozone. That means more asthma and respiratory illnesses, more heat stroke and exhaustion, and exacerbation of chronic conditions such as heart disease.

Fortunately, we have the technology to meet our clean energy and human health goals, and EPA’s standards will play a key role in getting us there.

Cost-effective, low-carbon energy solutions are being deployed across the country now. They are creating homegrown, good jobs while protecting Americans health and prosperity.

In fact, ALL of the new electric power that came online in November in America was from renewable energy.

In 2012, wind power was:

[T]he number one source of new U.S. electric generation capacity for the first time—representing 43 percent of all new electric additions and accounting for $25 billion in U.S. investment.

However, there are opposition forces working to derail EPA’s efforts to address carbon pollution.

We need all of the support we can muster to ensure EPA goes forward with its commonsense standards that will help ensure the healthier, clean energy future we know we must achieve for the sake of our children and grandchildren.

Please tell EPA you support a clean energy future for our children

Also posted in Clean Air Act, Greenhouse Gas Emissions, News, Policy / Comments are closed

EDF Goes to Court to Defend the Mercury and Air Toxics Rule

By Pamela Campos / Published: December 17, 2013

Last week, at the same time that the Supreme Court was considering states’ good neighbor obligations to protect  the health of residents in downwind states by controlling pollution from sources within their own states, the Court of Appeals for the D.C. Circuit was hearing challenges to the Environmental Protection Agency’s (EPA) Mercury and Air Toxics rule.

The Mercury and Air Toxics rule is a major public health rule that is the result of a decades long effort to ensure power plants clean up the mercury, acid gases, and toxic metals that are released into our environment from burning coal.

At the core of the case is one issue:

  • Did Congress intend to give power plants a sweetheart deal on air toxics when they passed the Clean Air Act Amendments in 1990?

Or:

  • Was Congress merely asking EPA to stop and check whether other programs that were passed at the same time might do enough to address the risks of toxic air pollution from power plants?

The 1990 Clean Air Act amendments did a great deal to strengthen our air pollution laws. In addition to limiting the pollution that led to acid rain and ozone, Congress tightened enforcement and monitoring requirements, and completely overhauled regulation of toxic air pollution to speed up and strengthen EPA’s previously slow regulation efforts on toxics.

In court last week, while counsel for the utility industry tried to suggest that Congress has intended an entirely separate, distinct, and less stringent toxics plan just for the utility industry, the court seemed skeptical, asking if this was just a political deal to give industry more time.

Power companies also argued that EPA should have taken cost into consideration when deciding whether to regulate them.

Both EPA and EDF’s counsel give an apt response –the cost of control technology isn’t relevant to deciding whether EPA should regulate toxic pollution from power plants. Instead, cost is taken into account when setting the pollution standards – either indirectly, by looking at what industry has already installed (and thus what is cost-effective), or directly, when setting standards that go “above the floor” of what has already been achieved by the best performing plants in the industry.

The coalition defending the rule is extraordinarily broad:

  • Lawyers for Massachusetts spoke on behalf of their own state and for Connecticut, Delaware, Illinois, Maryland, New York, North Carolina, Rhode Island, Vermont and the District of Columbia,.
  • Calpine and Exelon gave a view from inside the industry, pointing out to the court that petitioners were trying to use the rule to game the system so that the dirtiest plants could remain dirty.
  • EDF’s counsel, Sean Donahue, spoke on behalf of a broad coalition that included NAACP, American Lung Association, American Nurses Association, NRDC, Sierra Club, and host of other environmental and public health associations. (Click here for a list of the parties in both the Mercury case and the Cross-State case)

Each year, between 300,000 and 600,000 American children are born with methylmercury blood levels high enough to impact their brain development.

All fifty states in the U.S. have fish-consumption advisories because of mercury.

Many states cannot meet water quality advisories based on deposition of mercury from air pollution.

Many power companies have found implementing the rule to be cheaper and easier than expected.

Regulating mercury from power plants carries health benefits that may be up to ten times greater than the costs, and realizes a promise Congress made to Americans more than twenty years ago with the Clean Air Act amendments.

Let’s hope the D.C. Circuit agrees that getting mercury out of the air is one of the best gifts we can give our kids.

Also posted in Clean Air Act, News, Policy / Comments are closed