MVCAC

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Meeting: 10-24. <Longview announcement>.
by Duane330＠aol.com 17 Oct '05

17 Oct '05

To: MVCAC members, friends, participants, and others........... The next meeting of the MVCAC will be at 7 pm on Monday, October 24th at the home of Larry and Martha Schwab, 3333 Collins Ferry Road, Morgantown. This will be a special meeting, for the purpose of discussing the Longview Announcement below and to encourage and support letter writing in response to this Announcement. Please bring your own paper, pen and envelope to the meeting! This meeting will be chaired by Paula Hunt, who can be contacted at: _pjhunt(a)xemaps.com_ (mailto:pjhunt@xemaps.com) The Announcement appeared in the Dominion Post on Thursday, October 13th, and is scheduled to reappear this Thursday, October 20th, as a Class II classified advertisement. According to this Announcement only 15 days is provided to respond; so, urgent action is recommended and requested. Areas of concern are whether these high voltage transmission lines will pass near or over metallic objects as conveyor belt systems, train tracks, trucking roads, or near homes or farm animals. There is concern as to whether this is a private project, given the PILOT tax break, to involvement of the County Commission as the owner of last resort, and possible federal and state participation in specific aspects as, for example, the water supply system in Pennsylvania. Since this proposed new plant will share transmission lines with the Ft. Martin and other existing plants, does Longview not need to demonstrate that they have the plant capacity, equipment, and know how to protect the transmission grid system from electrical interactions that could result in outages, brownouts, line failures, or switching control problems. Otherwise this plant will be a burden on the electricity customers of West Virginia. Remaining issues with the "siting certificate" include the noise that the plant will generate, the visibility problem due to the plant being seen from any high location in the County (viewshed problem) and the large vapor plumes generated by the 20 forced draft cooling fans. It remains to be demonstrated whether this proposed Longview plant is financially viable; and, whether there remains a significant demand for the electricity outside of West Virginia. An examination of this Announcement may demonstrate that significant information is not given to the public, that complete information is necessary and more time needed so that each of us as affected citizens can have a sufficiently good understanding as to provide reasonably accurate and complete responses to the PSC. It would then be reasonable to have a public information meeting in Morgantown, and a public hearing to gather appropriate input for the PSC. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 010358 October 13, 20 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON Entered by the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the 7th day of October 2005. CASE NO. 05-1467-E-CN LONGVIEW POWER, LLC Application of Longview Power, LLC, for a Certificate of Public Convenience and Necessity Authorizing the Construction and Installation of a 500 KV electric transmission line and to Satisfy Conditional Siting Certificate for Exempt Wholesale Generating Facility in Monongalia County, West Virginia NOTICE OF FILING On September 30, 2005, Longview Power, LLC, whose address is 1040 Great Plain Avenue, Neeham, Massachusetts 02492-2517 (the Applicant) filed an application for a Certificate of Convenience and Necessity pursuant to W.Va. Code ss24-2-11a to construct and operate a high voltage transmission line in Monongalia County. The applicant and exhibits are available for public inspection at the Commission’s offices at 201 Brooks Street, Charleston. Upon its completion, the transmission line will be used by the Applicant to transport electricity to the grid for the competitive wholesale market in West Virginia and other locations. The Applicant proposes to construct a 500 kV electric transmission line to interconnect its electric generating facility to the Allegheny Power 750 kV Kammer Fort Martin transmission line near Morgantown, Monongalia County. Longview will construct a new 500 kV Substation in Greene County, Pennsylvania. The Applicant estimates that construction of the transmission line will cost less than fifty million dollars ($50,000,000). Neither the Facility nor the transmission line is a public facility providing service to the public and there will be no impact to West Virginia Ratepayers. Rates charged for electricity sol by the Facility will be subject to regulation by the Federal Energy Regulatory Commission (“FERC”) pursuant to Section 205 of the Federal Power Act. Longview intends to file a market-based rate schedule with FERC that will allow sales from the Facility to be at negotiated rates. The Applicant will be the entity responsible for the construction and operation of the transmission lines. The Applicant will enter into an interconnection and operating agreement with PJM which will govern the Facility’s interconnection at the new Substation. The Applicant, of the purchasers of the electricity generated by the Facility, will enter into transmission service-agreements with Allegheny to govern the transmission of the electricity across Allegheny’s facilities. Such transmission of electricity will be subject to the terms of PJM’s Open Access Transmission Tariff on file with the FERC. The transmission line will not compete with other utilities and will be for the sole purpose of transmitting the electricity generated at the Facility into the grid for the wholesale market. The black dashes on the above map indicates the location of the corridor in which the transmission line will be located. WHEREAS, Longview Power, LLC, asserts it is not a public utility within the meaning of W.Va. Code ss24-2-11 and requests a waiver of the Public Service Commission’s filing requirements to provide certain information including proposed rates, project construction costs, project financing and estimates of operating revenues and expenses, and the information required by Tariff Rule 42. Other waivers of information filings are also sought. Pursuant to ss24-2-11a, West Virginia Code, IT IS ORDERED that the Longview Power, LLC give notice of the filing of said application, by publishing a copy as a Class II legal advertisement, two times in a newspaper duly qualified by the Secretary of State, published and of general circulation in Monongalia County, and in Kanawha County, making due return to this Commission of proper certification of publication immediately after publication. Anyone desiring to protest or intervene should file a written protest or notice of intervention within 15 days following the second publication date unless otherwise modified by Commission order. Failure to timely protest or intervene can affect your right to protest aspects of this certificate case or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and interventions should be addressed to Sandra Squire, Executive Secretary, P. O. Box 812, Charleston, West Virginia 25323. IT IS FURTHER ORDERED that if no protests are received within said fifteen (15) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with said application and its review thereof. FOR THE COMMISSION: Sandra Squire Executive Secretary

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Minutes of 9/26/05
by Duane330＠aol.com 29 Sep '05

29 Sep '05

Minutes - Mon Valley Clean Air Coalition Meeting Date: September 26, 2005 The monthly meeting of the MVCAC was held at 7:00 pm at the home of Martha and Larry Schwab with 13 members and two guests in attendance. The meeting began with a presentation by the first guest, Joe Molnar, who was introduced by Deb Fulton. He is working with the SunDogs program at Cheat Lake Middle School. The SunDogs program "is a hands-on, online, natural resource conservation curriculum for students in grades 4-12 which aims to give the students the knowledge and skills they need to make decisions about energy and conservation." The program was founded by Susan Hermann Gledhill and Jonathan Gledhill of Fairfax, Virginia. Joe described the program and passed around some curricular materials. More information can be found at http://www.sundogsusa.com. Duane asked Joe how we could help, and Joe indicated that there was no clean air module, so MVCAC might be able to contribute to that. He also suggested that we could provide money to help finance the program. Duane provided a brief update about Longview. The FAA gave Longview permission to build a permit that was above stack height standards. Duane stated that we have until October to appeal the FAA's decision. He proposed that we ask attorney Mary Anne Maul to read about the appeal process and determine whether she would be willing to take on the appeal for us. Duane reported that Allegheny Power has permission to design the proposed scrubbers for the Ft. Martin power plant and submit the design to the Public Service Commission. The cost of the scrubbers would be passed on to the consumer, but MVCAC supports this, because our air would be cleaner. The second guest, Patrick Kirby from Boggs Environmental, was introduced by Karen Woodfork. He discussed whether the company would provide air monitoring equipment to MVCAC. He is currently exploring the possibility of retrofitting devices that Boggs currently owns to allow for the measurement of small particulates. Patrick said that if this is not possible, larger particulates (PM 10) could still be monitored. He also stated that Boggs does not own equipment for monitoring ozone, and they would not be interested in purchasing such equipment, because they would not use it. Duane described various monitoring methods, including instantaneous, periodic, and continuous. Both he and Patrick agreed that the first two would be most reasonable for our group, although Patrick indicated that continuous might be possible, depending on how the data were collected. Patrick asked that we come up with a monitoring plan (where, when, what), which will guide the choice of the type of equipment we use. See also: _www.boggsenvironmental.com_ (http://www.boggsenvironmental.com/) Duane presented a tentative budget that he and Deb created. This included the allocation of money to activities such as legal expenses and education. He asked the group to look the budget over and determine whether it was satisfactory, or whether we wanted to move some of the money between the different categories. Paula suggested that more money be allocated to legal expenses. The group unanimously approved the budget with Paula's suggested change. Duane then proposed that we allocate some money to legal expenses related to appealing the permit for the Greene Energy gob plant. Dennis indicated that the money would go toward expenses such as expert witnesses and transcripts. Duane moved that we allocate $2000 to the appeal, Linda seconded, and the motion passed unanimously. See also: _http://www.energyjustice.net/coal/wastecoal/_ (http://www.energyjustice.net/coal/wastecoal/) Based on his correspondence with FERC, Jarrett has determined that there is no energy shortage in WV. He has now sent a letter asking whether there are any shortages in our region. Duane announced that the PSC has formed the task force to create noise guidelines for power plants. There will be two meetings of the task force, and several MVCAC members have been appointed to the task force. Duane discussed the proposed “tax increment financing” or TIF for the Suncrest Town Centre and distributed petitions that he had created that asked the County Commission to deny the TIF and support farmland preservation. He asked that people try to attend the County Commission meeting at 10:30 am on Wednesday, September 28, 2005 to voice their opposition to the TIF. Linda described a program that the city of Indianapolis, IN has developed in response to being out of compliance for ozone levels. The program is called Knozone, and it is designed to reduce ozone emission and to educate citizens about ways they can reduce ozone emission. Their web site includes an air quality index. Don asked for more information to share with the city of Morgantown. The Knozone web site url is: _http://www.knozone.com_ (http://www.knozone.com/) Duane informed the group that the province of Ontario in Canada has conducted a study and determined that coal-fired power generation is more costly than other alternatives when the costs of the health impacts are considered, based upon a cost/benefit study. They have a plan to phase out four of their five coal-fired plants by next year and the fifth within two years. See the following web site: _www.energy.gov.on.ca_ (http://www.energy.gov.on.ca/) Paula announced that an economic development class is looking for someone to do a point-counter point type of presentation regarding Longview. Gen Power is being asked to participate. If anyone is willing to represent our group, please contact Paula. Larry stated that he had written a Letter to the Editor regarding air issues and which appeared in the Dominion Post over Labor Day weekend. Respectfully submitted, Linda Shuster, Secretary, MVCAC [September 28, 2005] Web-sites: _www.nolongview.org_ (http://www.nolongview.org/) And this: _www.monvalleycleanair.org_ (http://www.monvalleycleanair.org)

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(no subject)
by Duane330＠aol.com 28 Sep '05

28 Sep '05

============================================================ Wednesday, September 28, 2005 @ 10:31 AM ============================================================ DEP offers pollution prevention class to help West Virginians save money CHARLESTON – If you would like to learn how to save thousands of dollars and reduce your impact on the environment, the Department of Environmental Protection will provide you with the training – for free! The DEP is sponsoring a one-day workshop presented by A Nurtured World, Inc., a non-profit organization dedicated to a global change in thinking so that people live environmentally sustainable, financially successful and satisfying lives. "Consumer Conservation: More in Your Wallet, Less From the Environment" will be held at the agency’s headquarters at 601 57th Street S.E., Charleston, in the Cooper’s Rock Training Room Tuesday, October 4, 2005. The class will run from 8 a.m. to 5 p.m. Anyone interested in saving money or protecting the environment may attend. Whether you are knowledgeable about environmental issues or not, this course will be valuable. The only requirements for the course are attending the entire session, active participation and a willingness to examine your personal behavior as it relates to the environment. Attendees will learn the relative effects of consumer versus industrial activities, the types of consumer activities that have the largest impact on the environment, and how to change behavior in a way that makes a difference both for the environment and the pocketbook. Previous participants report having saved an average of $1,500 per year and, in total, reducing energy use by 5,640 KWH per year, reducing fuel use by 252 gallons per year and reducing 11,805 pounds per year of carbon dioxide. The course instructor will be Susan Roothaan, founder and executive director of A Nurtured World, Inc. She has more than 20 years of experience in the environmental field and has taught pollution prevention to thousands of individuals throughout the United States and Mexico. She is a certified ISO14001 Environmental Management Systems Lead Auditor, holds a Masters in Chemical Engineering, and has received numerous awards including the White House Closing the Circle Award for Greening Government. The DEP-sponsored workshop still has space for 40 to 50 more participants. Walk-ins are welcome, but pre- registration is encouraged and appreciated. For more information or to register, contact Greg Adolfson with the agency’s Office of Innovation at (304) 926-0499 ext. 1332 or by e-mail at gadolfson(a)wvdep.org.

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Meet Monday 9/26
by Duane330＠aol.com 21 Sep '05

21 Sep '05

To: MVCAC and friends........ Please attend the September general meeting of the MonValley Clean Air Coalition this coming Monday, September 26th. The social gathering is at 6:30 and the meeting starts promptly at 7 pm. We will meet again at the home of Larry and Martha Schwab, 3333 Collins Ferry Road, Morgantown. Agenda items to include: 1. Status of proposed Longview plant 2. FAA stack height obstruction decision/appeal 3. Status of Ft. Martin plant scrubbers 4. Air quality monitoring in Monongalia county 5. Regional & state environmental activities 6. The CCSJ social justice fair on 9/27 (we are registered) 7. The SunDogs curriculum at the Cheat Lake Middle School 8. Budget considerations.

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maybe Morgantown some day
by Duane330＠aol.com 15 Sep '05

15 Sep '05

2005 STUDENT ENVIRONMENTAL DEVELOPMENT PROGRAM (SEDP) GRADUATION The EPA Region 3 Student Environmental Development Program (SEDP) held its yearly graduation ceremonies at four locations this summer. Sixteen students graduated in Philadelphia, 14 in Washington, D.C., 75 in Baltimore and 15 in Wilmington. Participating students spent six to seven weeks between July and August learning about communication and public speaking and how to communicate environmental knowledge in their communities. At the graduation, students participated in a group presentation of an environmentally related topic of their choosing and the impact it can have on their lives.

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Next meeting Sept. 26th.
by Duane330＠aol.com 14 Sep '05

14 Sep '05

PLEASE RESERVE MONDAY EVENING, SEPTEMBER 26TH FOR THE NEXT MEETING OF THE MONVALLEY CLEAN AIR COALITION...... >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> In March, EPA extended the deadline for mercury controls at power plants from 2008 to 2018, and they relaxed the amount of control required. Earlier today the U.S. Senate rejected the motion by Senator Leahy (D-VT) to reverse the March decision of EPA. See the details in the article below. So friends, we are in for a long battle over mercury control. [Scrubbers on the Ft. Martin plant will help with mercury control, of course.] >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> U.S. Senate Upholds EPA's Power-Plant Mercury Reduction Rule Sept. 13, 2005. (Bloomberg News Service) -- Christopher Martin in Chicago The U.S. Senate voted today to uphold an Environmental Protection Agency (EPA) rule allowing creation of an emissions-credits trading system to reduce mercury pollution from coal-fired power plants. A majority of fifty-one senators voted to reject a resolution overturning the rule sponsored by Senator Patrick Leahy, a Democrat from Vermont. The rule was adopted by the EPA as an alternative to a proposal under the administration of former President Bill Clinton that would have required plant operators to install controls to reduce mercury emissions. The EPA in March set the first limits on airborne mercury pollution from coal-fired plants, the largest man-made source of the substance. The Bush administration wants to set up industry- supported markets for mercury so that plant operators that don't meet emissions limits can buy credits from those that upgrade their equipment, under a system known as cap-and-trade. Health and environmental groups including the Natural Resources Defense Council Club and Physicians for Social Responsibility joined 13 states in a lawsuit challenging the EPA's decision to remove mercury from a list of toxic substances regulated by the Clean Air Act. That finding would require the installation of equipment to limit emissions. Cost of Controls Power plant mercury emissions were added to the list by former EPA Administrator Carol Browner in 2000, just before the end of Clinton's second term. The EPA removed mercury from the list of toxics when it published the rule in March. Supporters of the cap-and-trade system say the marketplace is the most efficient means to cut pollution. Forcing utilities to upgrade power plants would cost as much as $358 billion over the next three years, raising power prices and harming the economy, according to an estimate by the Energy Department's Energy Information Administration, the supporters note. Opponents of the rule say a cap-and-trade market would lead to ``hot spots'' of contamination near power plants that don't install controls. They want all power plants to install controls. The EPA and the Food and Drug Administration last year recommended that women who could become pregnant, nursing mothers and young children avoid fish with high mercury levels. The department and health groups have said that mercury can damage the nervous systems of infants and children.

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Environmental mercury....
by Duane330＠aol.com 01 Sep '05

01 Sep '05

Protect Americans from mercury pollution by supporting the Leahy-Collins resolution. U. S. Senate Joint Resolution 20, introduced by Senators Leahy and Collins under the Congressional Review Act, would disapprove EPA’s delisting rule and restore integrity to the rule-making process, as explained in the email of Tuesday. If you wish to contact Senators Byrd and/or Rockefeller on this, snail mail letters are the most effective means of gaining their attention, as this can be directly identified as coming from a voting constituent...... _Byrd, Robert_ (http://byrd.senate.gov/) - (D - WV) 311 HART SENATE OFFICE BUILDING WASHINGTON DC 20510 (202) 224-3954 Web Form: _byrd.senate.gov/byrd_email.html_ (javascript:openwindow('http://byrd.senate.gov/byrd_email.html');) _Rockefeller, John_ (http://rockefeller.senate.gov/) - (D - WV) 531 HART SENATE OFFICE BUILDING WASHINGTON DC 20510 (202) 224-6472 Web Form: _rockefeller.senate.gov/services/email.cfm_ (javascript:openwindow('http://rockefeller.senate.gov/services/email.cfm');)

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Hazardous Air Pollutants [HAPS]
by Duane330＠aol.com 31 Aug '05

31 Aug '05

Please see the information fact sheet below. Just to summarize, we are working to build support for the Senate resolution to overturn the EPA's rules on power plant mercury emissions. The vote on the resolution will take place on or before September 13th, and Senator Byrd is a key vote. I will be holding a news event on the morning of the 8th in Charleston to release the report "Made in the USA" that finds that West Virginia is ranked 7th in the nation for the highest levels of mercury emissions from power plants. Kate Johnson Clear Air & Energy Associate U.S. Public Interest Research Group (U.S. PIRG) 218 D Street, SE Washington, DC 20003 202-546-9707 (p) 202-546-2461 (f) _www.cleanairnow.org_ (http://www.cleanairnow.org) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> PROTECT WOMEN AND CHILDREN FROM TOXIC MERCURY POLLUTION In March 2005, EPA finalized a rule that “delists” power plants as a source of mercury and other air toxics subject to strict controls under the Clean Air Act.1 The rule rescinds EPA’s 2000 finding that it is appropriate and necessary to regulate mercury from coal-fired power plants as a hazardous air pollutant2 and removes power plants from a list of sources required to reduce their toxic emissions by the maximum achievable amount. S.J. Res. 20, introduced by Senators Leahy and Collins under the Congressional Review Act, would disapprove EPA’s delisting rule and restore integrity to the rule-making process. Mercury harms human health. Mercury is a potent neurotoxin that can affect the brain, heart, and immune system. Developing fetuses and children are especially at risk; even low-level exposure to mercury can cause learning disabilities, developmental delays, lowered IQ, and problems with attention and memory. EPA scientists estimate that one in six women has enough mercury in her body to put her child at risk should she become pregnant.3 Power plants are the largest manmade source of U.S. mercury emissions.4 Mercury pollution is so pervasive that 44 states have posted mercury-related fish consumption advisories—in half of these states, for every lake and/or river.5 EPA data show that 29% of the mercury deposited in the U.S. comes from U.S. power plants alone, and deposition can be much higher near individual plants, since local sources can account for 50-80% of mercury deposition at hot spots.6 EPA’s mercury rule is an about-face that fails to protect public health. In 1998, after studying health hazards from utility emissions of hazardous air pollutants (HAPs), EPA found that power plants were significant emitters of HAPs and that mercury was the HAP of greatest concern.7 In 2000, EPA found that power-plant mercury emissions “are a threat to human health and the environment” and that it was appropriate and necessary to reduce power-plant emissions of mercury and other HAPs to the maximum extent.8 And in 2001, EPA told the electric utilities’ trade association that the Clean Air Act required national reductions in mercury emissions on the order of 90% by December 2007.9 Yet EPA now claims its 2000 finding “lacked foundation,” asserting that “the level of [mercury] emissions remaining after imposition of the requirements of the Act will not cause hazards to public health” and that it is neither necessary nor appropriate to regulate any power-plant HAP emissions.10 This total—and irresponsible— about-face is the result of intense industry pressure and White House manipulation of the rule-making process, as revealed in numerous press reports.11 EPA’s delisting rule is illegal. Under the Clean Air Act, EPA cannot remove power plants from the source list unless it first determines that no industry source emits hazardous air pollutants in amounts that adversely affect public health or the environment.12 EPA did not even try to make this showing and instead simply declared that it was under no obligation to do so.13 Fourteen states—California, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Vermont, and Wisconsin—have already filed suit challenging the rule, and numerous public health groups, Indian tribes, and the City of Baltimore have intervened in delisting cases to oppose it. Congress should act to reject the rule now. EPA delisted power plants to avoid setting strict controls for mercury and other air toxics and to clear the way for an industry-backed “cap-and-trade” system that parallels the mercury provisions in S. 131, the latest version of the administration’s “Clear Skies” initiative. The cap-and-trade plan enables power plants to buy and trade mercury “credits” rather than reducing their mercury pollution, which increases the risk of creating or exacerbating hot spots. Moreover, although the plan calls for 70% reductions in power-plant mercury pollution by 2018, the Congressional Research Service has concluded that these reductions may not occur until 2030.14 While the states are likely to win in court, the litigation process is slow. By contrast, Congress can act now to nullify the delisting rule and restore integrity to the rulemaking process. A vote for the disapproval resolution will direct EPA to finalize a rule that complies with the Clean Air Act, reducing toxic air pollution by the maximum achievable amount. It is long past time for power plants to meet this standard, reducing their mercury pollution about 90% by 2008, just as other major sources of mercury have already done. Protect Americans from mercury pollution by supporting the Leahy-Collins resolution. For more information, contact Supryia Ray or Emily Figdor, U.S. Public Interest Research Group, (202) 546-9707. References 1 70 Fed. Reg. 15993 (Mar. 29, 2005). 2 65 Fed. Reg. 79825 (Dec. 20, 2000). 3 Kathryn Mahaffey, Robert P. Cliffner, and Catherine Bodurow, “Blood Organic Mercury and Dietary Mercury Intake: National Health and Nutrition Examination Survey, 1999 and 2000,” Environmental Health Perspectives, 112(5): 562-570 (Apr. 2004). 4 65 Fed. Reg. at 79829. 5 Zachary Corrigan, U.S. PIRG Education Fund, Fishing for Trouble, Oct. 2004; West Virginia Fish Consumption Advisories (advisory upgraded to statewide level after publication of Fishing for Trouble), available at _http://www.wvdhhr.org/fish/current.asp_ (http://www.wvdhhr.org/fish/current.asp) . 6 Environmental Defense, Out of Control and Close to Home: Mercury Pollution from Power Plants (2003). 7 EPA, Study of Hazardous Air Pollutant Emissions from Electric Utility Steam Generating Units (Feb. 1998). 8 65 Fed. Reg. at 79827. 9 EPA, Presentation to the Edison Electric Institute, 18 Sept. 2001, available at: _http://cta.policy.net/epamercury.pdf_ (http://cta.policy.net/epamercury.pdf) (stating that a MACT standard would require national reductions in mercury emissions of 89, 90, or 98 percent by Dec. 2007). 10 70 Fed. Reg. 15993, Section IV. 11 See, e.g., Tom Hamburger and Alan C. Miller, “Mercury Emissions Rule Geared to Benefit Industry, Staffers Say,” L.A. Times (Mar. 16, 2004). 12 Clean Air Act, § 112(c)(9)(B)(ii). 13 70 Fed. Reg. 15993, Section VIII. 14 Congressional Research Service, Mercury Emissions from Electric Power Plants: An Analysis of EPA’s Cap-and-Trade Regulations (Apr. 15, 2005).

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MVCAC Minutes-8-22-05
by Duane330＠aol.com 27 Aug '05

27 Aug '05

MVCAC Minutes August 22, 2005 The August 22nd meeting of the MVCAC was held at the home of Martha and Larry Schwab with 14 members in attendance. Duane began the meeting by reminding the group about the Media Committee's campaign to have members attend City Council meetings or write letters to the editor. Deb reported on her visit to a City Council meeting. She discussed pulmonary physiology and the effects of ozone and particulates on the respiratory system. Her presentation was well-received. Don Spencer's feedback for our group was that we should develop specific actions that City Council can take. Deb suggested the development of an awareness of air quality on Council and persuading the Dominion Post to publish a daily air quality index. The group discussed the fact that an air quality index is available on-line. The Air Quality Index can be found at: _www.epa.gov/airnow_ (http://www.epa.gov/airnow) Duane announced that the appeal of the Monongalia County Circuit Court's decision to dismiss the lawsuit in regard to the PILOT agreement for Longview Power had been filed by attorney Robert Bastress. Phil Gaujot reviewed the appeal prior to the filing. Duane also announced that Phil would like to represent our group at the Public Service Commission (PSC) regarding the Longview application for a transmission line permit (when it is filed). Karen Woodfork has continued discussion with Boggs Environmental about the air monitoring equipment. They said they would "probably" be interested. Duane and Karen will be meeting about monitoring, and he asked Larry to join them. Jarrett's appeal of the air quality permit issued to Longview Power is still active in the Kanawha County Circuit Court. He provided information from FERC showing that we did not need a 500 kV transmission line. Jarrett also shared a letter dated 12/05/04 that he had obtained from the Federal Aviation Administration (FAA). It was from the FAA to Longview Power. In it, the FAA indicated that the proposed stack height was an obstruction hazard, that public comment should be solicited, and that, at the time of the letter, the stack should not be built. [See also: _www.oeaaa.faa.gov_ (http://www.oeaaa.faa.gov/) ]. Duane discussed the noise issues related to the proposed Longview plant. The PSC opened up only the noise portion of the siting certificate rules for reconsideration. The PSC ordered the establishment of a task force to further study the noise issue. Duane suggested that those members of our group who have been identified by the PSC as being able to serve on the task force have an opportunity to reply to the PSC this week. Dennis reported on the appeal of the permit for the coal waste burning power plant in Nemacolin (Greene Energy or GERRP). The co-appellants, are the National Parks Conservation Association, Group Against Smog and Pollution (GASP), Phil Coleman (Fayette County resident north of the plant), and Dennis Groce (Fayette County resident south of the plant). They are represented by attorney Tom Buchele of the Pitt Environmental Law Clinic. If you would like to help on the GERRP issue, there are several things you can do. Eventually, the appellants will need money to cover the cost of transcribing depositions and for expert witnesses. And, there are several parks/wilderness areas that would be affected by this plant. These include Shenandoah Nat'l Park, Otter Creek Wilderness, James River Face Wilderness, and Otter Creek Wilderness Area. If you have visited (used) those areas and are concerned about the likelihood of their degradation by the GERRP and if you join GASP, you will have the opportunity, as described by attorney Elizabeth Rosemeyer, to complete an "...affidavit stating when and how you've used the areas, and how long you've been a GASP member. As a declarant, you could be called (although it would be unlikely) to testify at the hearing about what you say in your statement." To learn about GASP and how to join, visit: http://www.gasp-pgh.org/. You can join for as little as $35. Dennis joined GASP last fall and has have found them to be a good organization. They provide timely reminders of relatively local/regional issues. Also, they didn't have to join in the appeal of GERRP, but they have become involved in not only this appeal, but also the appeal of the Beech Hollow plant in Robinson Township. They are also active in creating opposition to other regional proposals. They are sort of focused on Pittsburgh, but the Beech Hollow and GERRP appeals demonstrate that they do respond to a wider base of concerns. Please consider joining GASP for this specific project, and communicate with Liz Rosemeyer if you have used any of the Class I areas. You can contact Dennis for information at: _d_mgroce(a)labyrinth.net_ (mailto:d_mgroce@labyrinth.net) Paul B. read an email from Jim Kotcon to the City Council congratulating them for signing on to the Urban Environmental Accords, which call for cities to develop policies to provide such things as increased access to public transportation, access to safe drinking water, the use of renewable energy, etc. Jim suggested that, while signing on was admirable, Council should also develop initiatives to implement the accords, and he provided a number of examples. Duane reported that Allegheny Energy has applied for permission to sell environmental control bonds to finance the building of scrubbers on the Ft. Martin Plant. [H.B. 2849]. Duane informed the group that we have been invited to join the WV Environmental Council (WVEC). According to their website, their mission is to "facilitate communication and cooperation among citizens in promoting environmental protection in West Virginia, to assist in organizing grass roots groups, to facilitate interaction among established environmental organizations, and to correspond with all appropriate local, state, and federal agencies involved in the management of West Virginia's environment." After some discussion, Bill moved that we join, Paula seconded, and the motion passed without dissent. The WVEC would like us to let them know what our legislative agenda is, as they spend time lobbying in Charleston. One suggestion was that they try to change state legislation that does not allow state agencies to go beyond federal standards for controlling greenhouse gases. Another suggestion was related to the generation of power by private citizens. Currently, state law permits citizens only to break even on selling energy back to the power company. That is, they can sell as much as they use, but they cannot make a profit. Duane announced that the WVEC is having their 17th Annual Fall Conference on 10/16-10/18. For more information, visit their website at: _http://www.wvecouncil.org_ (http://www.wvecouncil.org/) Linda asked Paul B. about what was happening with the university, and his resolution that was passed (without dissent) by the Faculty Senate during the May 9, 2005 meeting. The resolution was: Be it resolved, (1) that the Faculty Senate commit themselves to work together with the administration of West Virginia University to incorporate ecologically sound principles in the construction and renovation of all University property and the operation of University equipment, including vehicles. The objectives of these practices would be to achieve lower costs, reduce or reverse environmental damage, and provide a healthier workplace. Such practices will include, but are not limited to, green architecture (the use of building materials which are environmentally friendly, inexpensive and efficient, and structural designs which take advantage of natural heating and lighting); energy self-sufficiency (through the use of solar power and energy efficiency); recycling; and alternative transportation (such as peripheral parking and shuttle buses, and natural gas-powered vehicles). Be it further resolved, (2) that West Virginia University will work with other entities, including governmental agencies at all levels, businesses, and private citizens, to provide expertise and financial incentives to follow similar practices in the public and private sectors. Be it further resolved, (3) that West Virginia University will develop local expertise within the University, government agencies and the private sector for economical and effective implementation of these practices. Paul indicated that he was going to arrange a meeting with Provost Lang at WVU to discuss the resolution. Peter V. suggested that Paul request the establishment of an environmental law clinic at the WVU Law School. It was also suggested that Paul recommend that an environmental health clinic be established at the medical center. Larry S. acknowledged the contributions of Holly Rieke to our cause, who passed away in late July. Holly was a tireless advocate for causes such as clean air. She will be sorely missed. Paula announced that the Friends of Deckers Creek Carp Fest is scheduled for October 8, and we could have an information table there. We now have an EIN number and will be applying for 501c3 status shortly. The next MVCAC meeting will be held on Monday, September 26 at the home of Martha and Larry Schwab. Arrive at 6:30 for the social half hour. The meeting will begin at 7:00. Respectfully submitted, Linda Shuster, Secretary [August 27, 2005].

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MVCAC meets tonite
by Duane330＠aol.com 22 Aug '05

22 Aug '05

...........friendly reminder..................tonite.... THE NEXT GENERAL MEETING OF THE MONVALLEY CLEAN AIR COALITION WILL BE MONDAY, AUGUST 22nd, AT 3333 COLLINS FERRY ROAD IN THE SUNCREST AREA OF MORGANTOWN, AT THE HOME OF LARRY AND MARTHA SCHWAB. GATHER AT 6:30 TO SOCIALIZE AND MEET AT 7 pm.

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