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Hazardous Waste Next Door: The Importance of the Definition of Solid Waste

8 April 2014 - 8:49am

Did you know that chemical companies, pharmaceutical manufacturers, and the industrial waste industry are exempt from a law requiring companies handling hazardous waste to protect public health and the environment?

The Resource Conservation and Recovery Act (RCRA) was enacted in 1976, but in 2008 the Bush Administration exempted these companies handling the most dangerous substances from complying. This new rule was called "The Definition of Solid Waste" (DSW).

Take a look at the chemicals slipping through this regulatory gap:

  • Solvents like benzene, toluene, TCE and perc (linked to cancer, low birth weight, miscarriages, major malformations, and heart defects)
  • Heavy metals like arsenic, lead, and mercury - potent neurotoxins and carcinogens

In 2011, thanks to legal challenge from the Sierra Club, as represented by EarthJustice, and due to the advocacy of environmental justice, civil rights, public health and other organizations, the EPA completed a groundbreaking environmental justice analysis and found that DSW's lax rules for hazardous waste disproportionately affected communities of color and low-income communities:

  • Hundreds of sites where toxic releases have occurred in the past are consistently located in communities of color and low-income communities.
  • The 2008 DSW rule removes opportunities for public participation in siting and permitting decisions, disenfranchising non-white and low-income communities from critical decisions affecting their health and livelihoods.
  • The industries exempt from federal controls are often located in areas that already face exposure to multiple environmental hazards, and already have high cancer rates and neurological hazard rates as a result of exposure to pollution.

In fact, in Illinois and Idaho, almost every hazardous waste recycling facility operating under the regulatory exemption is located in a community of color and low-income community.

The 2011 legal challenge required the EPA to publish a new DSW rule in 2012, but the EPA had taken no action until last month. On March 15, 2014, the Office of Management and Budget (OMB) finally began its regulatory review of the EPA's DSW rule.

The Sierra Club is part of a coalition of public interest organizations and individuals from across the U.S. that supports a DSW standard that protects our health, environment and livelihood from hazardous waste released from recycling operations. Together we are urging the administration to abide by the 90-day limit for review of this rule and to publish a final DSW rule by July 1, 2014.

The delay in issuing a final rule is exacting a high toll on communities of color and low-income communities. Since 1982, hazardous waste recycling has polluted more than 200 sites, including many on the Superfund National Priority List, which identifies the worst toxic waste sites in the nation. The EPA found that the majority of the contamination at these sites occurred when recycling operations were exempted from compliance with safeguards under the RCRA.

This is why the final DSW rule must reinstate these essential safeguards. There is an urgent need to close this gap for the health of the nation and particularly for environmental justice communities. The rule impacts management of 1.8 million tons of hazardous waste, predominantly in communities of color and in low-income communities.

Any further delay is unacceptable while toxic releases to air and water poison fenceline neighborhoods at recycling operations. We call on the OMB, the EPA, and the Obama administration to ensure that this important rule receives the priority it deserves so that the safety of the nation’s most vulnerable communities can be ensured now and for future generations.

-- Leslie Fields, Director of the Sierra Club Environmental Justice and Community Partnerships Program

Categories: Sierra Club National

West Virginians and North Carolinians Agree - It's Time for Serious Environmental Protections

7 April 2014 - 1:32pm

In the wake of dangerous coal chemical and coal ash spills in their states already this year, West Virginia and North Carolina voters have gotten a wake-up call on the need for environmental and public health protections - and they know it.

According to two recent polls conducted by Hart Research on behalf of the Sierra Club, a majority of West Virginians and North Carolinians believe that it is high time to get serious by taking action on policy that protects our families and communities.

On January 9th, a coal chemical plant owned by Freedom Industries spilled 7,500 gallons of toxic 4-methylcyclohexane methanol - part of the coal production process - into the Elk River, just upstream of the largest water treatment plant in West Virginia. The contamination affected drinking water for 300,000 people across nine counties in the Kanawha Valley. Local emergency rooms treated 169 patients for symptoms related to chemical exposure, and ten people were admitted to hospitals for non-life-threatening symptoms.

West Virginians were shocked and angry. According to a poll conducted between February 4th – 7th, 73 percent of Mountain State voters agree that their state "has spent too little attention to addressing threats to air and water, and that the Elk River spill is a wakeup call that things must change."

More than two in three voters across the political spectrum say that "stronger regulations and better enforcement of existing regulations would have prevented the spill" (79 percent of Democrats, 71 percent of independents, and 57 percent of Republicans).

And 62 percent of voters say they would be more likely to support a candidate who favors "strong regulations and enforcement to protect the water, air, and health of West Virginians."

"You can throw the coal industry's conventional wisdom out the window," says Mary Anne Hitt, Director of the Sierra Club's Beyond Coal Campaign. "[These polls are] yet another indication that Republicans, Democrats, and Independents in coal-dependent states want leaders who will stand up to big coal companies and enact common-sense initiatives to protect our air, our water, and our families from toxic coal ash and pollution."

North Carolinians received a similar shock in early February, when a Duke Energy facility spilled tens of thousands of tons of coal ash into North Carolina's Dan River. What's more, the Southern Environmental Law Center says that this plant has been leeching arsenic, boron, and sulfate into groundwater for years, and that "Duke Energy had experienced coal ash structural failures at three of its other facilities in North Carolina."

Voters in the Tar Heel state responded powerfully. A March 10th - 13th poll found that 63 percent of voters think state leaders are not doing enough to protect the state's rivers and streams from contamination. And an overwhelming 83 percent of North Carolinians feel that coal ash should be treated as a hazardous substance that needs to be regulated.

The issue crosses party lines here too, with overwhelming majorities of Democrats (91 percent), independents (85 percent), and Republicans (75 percent) all supporting designating coal ash as a hazardous substance.

If all of this wasn't bad enough news for big coal and special interests, voters in both states hold the coal industry responsible. Two-thirds of West Virginians say that the coal industry bears some or a lot of the responsibility for air and water contamination, while 70 percent of North Carolinians say Duke Energy is totally or mostly to blame for the spill.

The so-called conventional wisdom peddled by the coal industry has been turned on its head, and even in coal country the results are clear: voters want leaders who won't cave to the special interests in the coal industry and who will stand up for clean water and public health protections. It's time our elected officials started paying attention.

-- David Shadburn, Sierra Club Intern

Categories: Sierra Club National

Wind Wins in Senate Committee

4 April 2014 - 7:59am

Yesterday afternoon, the Senate Finance Committee advanced a critically important package of renewable energy tax credits, moving one step closer toward renewing these expiring or expired investments that help support clean energy jobs all over the country. The package includes the progressive renewable energy production tax credit (PTC) - key policies originally enacted to support the development of renewable energy production facilities here at home, boosting the American wind industry. But four months ago, those credits expired, resulting in job losses nationwide as the rug was pulled out from under the thriving wind sector - all while  fossil fuel companies counted among the most profitable in the world continued to get massive tax handouts.  

Today, the Senate Finance Committee gave a bipartisan vote of support to these wind investments, passing a successful mark-up of legislation including the wind energy PTC that should lead to consideration on the Senate floor soon.

The clearest sign of support for wind jobs and clean energy came in the face of opposition. Senator Pat Toomey, a Republican from Pennsylvania, attempted to pass an amendment that would have crippled clean energy investments -- only to be met by a stiff wind of bipartisan support for these vital job-creating credits.

Toomey was only able to rally five Republicans to his side. Republican Senators John Cornyn, Mike Crapo, Rob Portman, and John Thune  joined 13 Democrats in supporting wind energy, sending Toomey’s amendment to the scrap heap by a vote of 6 to 18.

Senator Chuck Grassley - an Iowa Republican from a state with a thriving wind industry - dismissed the argument that supporting the wind PTC is akin to “picking winners and losers” as intellectually dishonest, pointing to long standing oil, gas, and nuclear subsidies.

Michigan Democrat Debbie Stabenow agreed, saying oil and gas tax credits were not part of the package under consideration “because we picked them to win a long time ago.”

As wind power supports tens of thousands of American jobs and powers homes and businesses across the country, its a wonder that the package didn’t receive unanimous support. That’s particularly true when you look at the impact wind has had in the home states of the small handful of Senators who opposed the package.

Kansas Republican Pat Roberts opposed the wind investments in spite of the fact that more than 870,000 homes in the Jayhawk state are wind-powered, and upwards of 5,000 Kansans work in the wind industry.

North Carolina’s Richard Burr seemingly voted in opposition to the 23 wind facilities currently operating in his home state, where combined production from offshore and onshore wind power is capable of exceeding the state’s energy needs seven times over.

Georgia serves as one of the headquarters for GE - the second largest manufacturer in the wind industry in the world. Yet, Georgia Republican Johnny Isakson voted against the jobs in his state.

Wyoming wind powers 400,000 homes, but Senator Mike Enzi opposed wind investments. Utah’s Orrin Hatch rejected wind tax credits while hundreds of Utah residents work in wind.

Most egregious, though, is Toomey, who sponsored the assault on wind energy in spite of 4,000 Pennsylvanians working in the wind industry, 300,000 homes running on wind power, and 18% of his state’s energy pledged to come from clean energy by 2021. Had Toomey’s amendment passed, he would have undercut not just this goal, but all of the Pennsylvania jobs wind will create.

Senators from both parties stood up for wind today - and we expect them to again do so when this legislation reaches the Senate floor. The numbers don’t lie - wind is creating jobs and powering homes and businesses from coast to coast.

--Radha Adhar

Categories: Sierra Club National

Money Out, Voters In: Unity at the Supreme Court and Nationwide against McCutcheon’s Assault on Democracy

3 April 2014 - 1:35pm

Protesting the McCutcheon decision outside the Supreme Court on Wednesday

Just hours after the Supreme Court declared aggregate campaign contribution limits unconstitutional, opening the floodgates to even more corrupting corporate money in politics, Sierra Club members joined our allies from the Democracy Initiative and other organizations at rallies across the country to express outrage and unity.

At a rally on the steps of the Supreme Court in Washington D.C., George Kohl, Senior Director of the Communications Workers of America (CWA) eloquently expressed what everyone was thinking.

“It sucks, and our members are pissed off about it!”

This ruling will only directly affect about 1,200 people who had hit the previous limit of giving a total $120,000 directly to candidates and parties - an amount out-of-reach for almost every other American. Now, they’ll be legally allowed to dump upwards of $3.6 million every election. But though just a handful are directly impacted by the change, Nick Nyhart, President and CEO of Public Campaign, made it clear the impact on the rest of the country would be hard to ignore.

“This is a political gift for millionaires and billionaires,” Nyhart said, declaring that the ruling amounted to “Government of, by, and for the campaign contributors.”

These 1,200 people will be sure to take advantage of the new ruling. Courtney Hight, Director of the Sierra Club’s Democracy Program, pointed out that after the Court’s 2010 decision in the Citizens United case allowed unlimited outside spending, the Koch Brothers alone spent more in 2012 than the entire McCain campaign did in 2008.  

That’s of particular concern to those of us fighting for healthy communities and a healthy planet, as these decisions allow oil barons like the Kochs to pour even more money into elections.

“The same people who are doing the polluting are fighting to overturn our democracy,” Hight said.

An outspoken champion for protecting the public interest, Senator Bernie Sanders (I-VT) joined the rally in Washington and told of the dangers of the Supreme Court’s flawed decision.

“What the Supreme Court has said today is that big money should be the dominant factor in the U.S. political process,” the Senator shouted. “This is not what people fought and died for.”

But amid all the anger and frustration with the conservative justices of the Roberts Court, faith was not lost. The parade of speakers had a message of hope.

Jotaka Eaddy, NAACP's Senior Advisor to the President and CEO and Senior Director for Voting Rights (right), was one of many who exclaimed, “Organized people always beat organized money.”

Miles Rapoport, President of Common Cause, proposed several needed changes to the system, including increasing the power of small dollar donations, fighting for stronger contribution disclosure laws, and halting assaults on voter rights across the country.

Representative Keith Ellison (MN-05) reminded those gathered that terrible decisions that came out of the Supreme Court in the past, such as Dred Scott and Plessy v. Ferguson, were resolved through legislative action. In particular, Ellison referred to the Government By the People Act, a bill to lift up small-dollar donors that he cosponsored and the Sierra Club supports.

Drew Courtney, Director of Communications at People for the American Way, called the day “a step forward, because we are together.” He went on to say that “we have a powerful coalition right here, but there are a hundred rallies going on today across the country.”

Sierra Club Activists in Massachusetts Stand With Allies Against Corruption

In fact, about 130 rallies across the country gave concerned citizens—including Sierra Club members—a chance to speak out about the disastrous McCutcheon decision.

In Massachusetts, Sierra Club activists stood with our friends from Common Cause and other advocacy groups against corruption. In San Francisco, Sierra Club Deputy Executive Director Bruce Hamilton spoke out about why environmentalists care about getting big corporate money out of politics.

Sierra Club Deputy Executive Director Bruce Hamilton Speaks at a Rally Opposing the Decision in San Francisco

"Environmentalists are standing shoulder to shoulder with civil rights champions, organized workers, good government advocates, and concerned citizens who are sick and tired of our democracy being bought and sold to the highest bidder,” Hamilton said.

Going forward, we are united and motivated, nationwide.  

As George Kohl from CWA said, “We are more than them, and we will win.”

-David Shadburn, Sierra Club Intern
Categories: Sierra Club National

Time for Congress to Act and Save Clean Energy Jobs

3 April 2014 - 12:09pm

Today, the US Senate is casting a vote critical to the future of the U.S. wind industry. Wind power has grown by leaps and bounds in recent years, and the wind industry now employs more than 80,000 Americans and generates enough electricity to power 15 million homes. Wind is providing affordable, reliable electricity from coast to coast - in 2013 Iowa got 27 percent of its electricity from wind power, while South Dakota got 26 percent. Despite this momentum, wind power's full potential continues to rest in the hands of members of Congress, including some with close ties to fossil fuel industries.

The Senate Finance Committee is voting today on legislation that includes an extension of critical clean energy tax incentives, namely the Production Tax Credit (PTC) and Investment Tax Credit (ITC) for renewable energy, as well as key energy efficiency tax credits. This is a critical step in ultimately renewing these provisions.

These clean energy incentives support tens of thousands of American jobs -- jobs that are at risk if Congress does not act immediately.  

Despite all the economic and environmental benefits the wind industry provides nationwide, Congress allowed the wind Production Tax Credit to expire at the end of 2013. The resulting uncertainty has slowed new investments in wind generation and hampered the massive growth the industry saw in 2012.

It’s incredibly frustrating to see some Members of Congress turn a blind eye to the benefits of wind power - from jobs and local economic growth, to clean air and water. While the Senate Finance Committee is moving proactively, the House of Representatives hasn’t yet moved off the dime, leaving tens of thousands of wind jobs hanging in the balance. Unfortunately, some of those Members of Congress are dragging their feet at the behest of fossil fuel interests, and blocking American innovation in the process.

Americans across party lines want the U.S. to be a clean energy leader, and the economic benefits of wind power are flowing to red and blue states. In fact, more than 80 percent of our nation's installed wind capacity is in US Congressional districts represented by Republicans. Last week, Texas set a wind power generation record - topping 10,000 megawatts, enough to power five million homes.

Clean energy is here to stay, and its future is even brighter. For the economy and for our environment, we need Congress to renew the Production Tax Credit, and ensure America continues to lead the way in developing the technologies that will power the world in the twenty-first century. TAKE ACTION: Tell Congress to protect American clean energy jobs!

-- Mary Anne Hitt, Director of the Sierra Club Beyond Coal Campaign.

Categories: Sierra Club National

New Business Model for Non-Profits Brings Solar Into Hostile Territory

3 April 2014 - 7:15am

Fourteen solar panels crown the entrance to the First Congregational Christian United Church of Christ in Chesterfield, Virginia. The small array generates 10 percent or so of the church's electricity, but the project is notable for a different reason: it was the first solar system installed anywhere under a new kind of contract called a Customer Self-Generation Agreement. The agreement allowed the church go solar with no money down, and without increasing its electricity costs.
The Customer Self-Generation Agreement (CSGA) is the brainchild of Tony Smith, founder and CEO of Secure Futures LLC, a solar developer based in Staunton, Virginia. Under its agreement with the church, Secure Futures owns the solar panels and reaps the federal tax benefits that make solar affordable. The church gets the electrical output of the system over the twenty-year life of the contract. Neither a lease (which would bar the church from getting the tax benefits) nor a third-party power purchase agreement (which the incumbent utility would have opposed), the CSGA occupies a financing niche all of its own.
For Secure Futures, the CSGA was born of necessity. In 2011, the company was blocked from completing a solar array at Washington and Lee University when Dominion Virginia Power sent "cease and desist" letters claiming the parties' use of a third-party power purchase agreement (PPA) violated the utility's monopoly on the sale of electricity. Although convinced it had the law on its side, Secure Futures backed down in the face of expensive litigation. The solar installation was only completed by turning the PPA into a lease and losing some of the tax benefits.  

Secure Futures had been building a place for itself in the nonprofit world, appealing especially to colleges and universities that want solar power as part of their sustainability goals. The company's 104-kW solar array at Eastern Mennonite University in Harrisonburg, Virginia, completed in 2010, was the first PPA in Virginia and, at the time, the largest solar array in the state. But that project was not in Dominion's territory.
For a state like Virginia with few policies to support solar, accessing the federal tax credits is critical to financing a solar project. Tax-exempt entities like municipalities, schools, and churches are a natural customer base for solar, but because they cannot use the federal tax credits themselves, they must partner with a tax-paying company that can own the project. Third-party PPAs have been the answer in states that allow them. PPAs also frequently offer a no-money-down option, which has proven a huge market driver in recent years for homes and businesses as well as non-profits.
But after the Washington and Lee experience demonstrated both Dominion's hostility to PPAs and its willingness to use its legal firepower, Tony Smith decided to seek another way through the legal thicket. Working with regulatory lawyer Eric Hurlocker and tax specialists at Hunton and Williams, Secure Futures developed an innovative contract model that could provide the tax benefits of a PPA without running afoul of utility monopoly claims. CSGAs are contracts for solar services but, crucially, don't involve the sale of electricity.
Although Dominion Power eventually relented enough to cooperate on a bill passed in 2013 that allows a small number of PPAs within its territory on a "pilot project" basis, Secure Futures has continued to use the CSGA model in subsequent projects because it offers features that a standard PPA does not.
Perhaps more importantly, neither Dominion nor any other utility has signaled opposition to CSGAs. Suddenly, Secure Futures' niche looks huge. The ability to use CSGAs wherever PPAs would make financial sense opens up new opportunities among non-profits not just in Virginia, but in all of the 28 states where PPAs are currently either illegal or of uncertain status. As Smith notes, no state bars customers from generating electricity for their own use.
While Smith is eager to see his company grow, he says his larger goal has always been to open the floodgates for solar projects across the country where they are held back now only by outdated laws and flawed policies. He hopes to license the CSGA approach, ideally to a non-profit that could work with developers across the South to make this contract model widely available.
Virginia has always been a hard place to do business for solar companies, so much so that Smith refers to it as a "dark state." Knocking down the PPA barrier won't bring the sunshine in all by itself, but it does create an opening.

-- Ivy Main, Sierra Club Virginia

Categories: Sierra Club National