ACTION ALERT: Proposed rollbacks to Alabama's Air Quality Standards endanger human health

Proposed Rollbacks to Alabama’s Air Quality Standards Endanger Human Health

Dear Friends,

Here's the latest about the proposed rollbacks to Alabama's air quality standards. Thanks to those of you who have already taken action!
 
Contrary to claims by ADEM and the Governor, the proposed rules are not more stringent and will allow significantly more particulate matter pollution to be released into the air we breathe every day. Which puts my health, your health and your children's health at risk.
 
And guess what? The law is being revised because TVA, Alabama Power and other permitted polluters asked ADEM to change the law, to avoid litigation they are involved in with organizations such as the Alabama Environmental Council.
 
A freedom of information request uncovered a letter from ADEM Director Trey Glenn, Governor Riley and the entire Alabama delegation in support of the proposed rollback. Is this how you want your elected officials spending their time?

What can you do about the proposed Revision to Alabama's Visible Emissions Rule?

Take Action Now!  Sample script below; please feel free to personalize your comments. 

1)  If you do nothing else, please send public comment to ADEM for the proposed rollback on opacity standards and plan to attend the Public Hearing set for August 6^th.  Written submissions and other inquires should be directed to: ADEM Hearing Officer, Office of General Counsel, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, AL 36130-1463 (street address: 1400 Coliseum Boulevard, Montgomery, AL 36110-2059) or by e-mail at Hearing.officer@adem.state.al.us

2)  Contact Governor Riley: Send letters to: Governor Riley, State Capitol, 600 Dexter Avenue, Montgomery, Alabama, 36130.

Phone calls: (334) 242-7100 Fax: (334) 353-0004. Email http://governor.alabama.gov/contact.aspx

3)  Contact your elected official: To find your member of congress visit: http://www.visi.com/juan/congress/

For More Information:

Jenny Dorgan, Alabama Environmental Council 205-322-3126 jenny@aeconline.org

Sample Phone Call to Governor Riley and your Elected Official:

*Please: phone calls only to the Gov. and your Official, not to ADEM.

“Hello,

My name is ___________, and I live and vote in __________. I’d like to leave a message for Governor Riley/Representative____________. I am concerned about the proposed changes to Alabama’s State Implementation Plan regarding Opacity Standards. I do not support the proposed rule change, because it will allow more pollution to be in the air, which is harmful to the environment, human health and the economy.”

Sample Email/Letter to ADEM, Governor Riley and your Elected Official:

Dear _______,

I am very concerned about the proposed changes to Alabama’s opacity standards. I believe that we all have a right to clean air, and that healthy air to breathe should certainly be a birthright for our children—who are at a greater risk from air pollution than you and I are. This rule change would actually allow more air pollution to enter the air and serve as a “free pass” to permitted polluters that are already given many exemptions. Although it has been repeatedly claimed that the proposed standards will be more stringent, no modeling has been done to prove that claim.

Alabama already has lax opacity standards and we should be working to strengthen them, not weaken them, especially when 4 Alabama counties are in non-attainment of the current standard. Pollution not only impacts human health, but also the economy. I hope you will work quickly to address this issue. I understand that the regulated community has been a part of the conversation and I hope that you will hear the voice of the voting public on this issue.

I do not support the proposed changes to Alabama’s SIP related to Opacity Standards.

Sincerely,

Proactive Citizen

__________________________________
 
This rule change, if passed, will be precedent setting for other states in the nation. All but 2 EPA Regional Officials are against the proposed change.

The main reason the Alabama Environmental Council opposes this rule is that it effectively and legally allows more particulate to be emitted by sources even though four counties in Alabama (Jackson, Shelby, Walker, and Jefferson) are failing to meet the annual national ambient air quality standard for fine particles. In addition, EPA will soon designate Jefferson and Etowah counties as nonattainment for the particulate matter standard. Furthermore, many other counties in the state have alarmingly high ambient concentrations of particulate matter, though technically, they are attaining the national standard. EPA recently explained the health risks associated with particulate matter and they are significant.

In the face of this serious health problem presented by PM2.5 nonattainment, the Commission should be considering strengthening the State’s opacity rules, not weakening them. This is particularly true in light of the D.C. Circuit’s recent action to strike down EPA’s CAIR rule, one of the measures upon which the State was going to strongly rely to attempt to improve its PM2.5 nonattainment situation. Through its past statements, or in the press, the Department has put forward a number of reasons why this rule should be adopted. Many of those justifications are illogical, or worse, untrue.

ADEM’s Lack of Enforcement Should Not Be Codified: the Highway Patrol Analogy

In a recent Mobile Press Register article, Air Division Chief Ron Gore justifies the proposed rule change as simply a “codification of our existing enforcement practices.” He compares ADEM’s current enforcement efforts to the decision of a state trooper to look the other way if a speeder goes slightly over the limit. This analogy is useful, but does not support ADEM’s position in the least. If Highway Patrol data showed that under current speed limits and enforcement practices, an unacceptable number of speed-related accidents were occurring, it is unlikely that the Highway Patrol would be seeking to raise the speed limit, yet that is essentially what is occurring here. Given that five Alabama counties are failing to meet PM2.5 air quality standards, something is clearly amiss. A relaxation under the circumstances is inappropriate, and Mr. Gore admits that ADEM is undertaking this rulemaking effort because TVA, Alabama Power, and other industrial polluters asked for it. Given the nonattainment situation in Alabama, ADEM should be devoting its time and energy to enforcing the laws on the books, not repealing them.

AEC is working with the EMC Commissioners, the Governor's office, the EPA, one of our Congressmen, and others to try and resolve this issue. We've also been working with newspapers across the state to put some heat on ADEM, the Governor and others involved. We recently worked with Ben Raines to get these articles published, in case you didn't see them:
 
http://www.al.com/news/mobileregister/index.ssf?/base/news/1216890985103170.xml&coll=3
http://www.al.com/news/mobileregister/index.ssf?/base/news/1216890947103170.xml&coll=3
 
And, our litigation regarding TVA's opacity violations continues pending the codification of lax enforcement.
 
Because of unprocessed records requests, we've asked for an extension of the public comment period. However, the deadline is next Wednesday--August 6th.
 
Please don't hesitate to contact me if we can be of further assistance. 
 
For a Clean & Healthy Alabama,

Jenny

Can you give $10, $20 or more to help support our attorney fees and our work for clean air? Pitch in today at www.aeconline.org

Jenny Dorgan
Program Coordinator

"Speak your mind, even if your voice shakes..."

Alabama Environmental Council
2717 2nd Avenue South
Birmingham, AL 35233

www.aeconline.org

o 205-322-3126
c 205-240-2891