# Pollution



DNR extends comment period for Marshalltown coal plant air permit

Earlier this month, the Iowa Department of Natural Resources issued a draft air quality permit for the proposed coal-fired power plant near Marshalltown. There are big problems with the draft permit. For one thing, it does not regulate carbon-dioxide emissions, even though coal-fired power plants are a major source of greenhouse gases.

In addition, the draft permit does not regulate fine particulate matter (also known as particulate matter 2.5), which causes and exacerbates many respiratory illnesses. Fine particulate matter isn’t just a nuisance–it causes many premature deaths. You would think that an air quality permit would address an air pollution issue with major implications for human health.

The good news is that on Friday the DNR extended the public comment period for this air quality permit, thanks to numerous comments encouraged by the Sierra Club and other environmental groups. Mike Carberry of Green State Solutions forwarded the DNR’s press release to me:

Due to extensive interest, the public comment period for the draft air quality construction permits for the coal-fired power plant proposed by Interstate Power and Light for its Marshalltown facility-Sutherland Generating Station-has been extended to May 18. Public hearings will also be held in five additional cities.

Currently scheduled are four public hearings (two each at two locations):

March 16, 2:30 p.m. – 5 p.m., Iowa Veterans’ Home, Whitehill Chapel, 1501 Summit Street Marshalltown

March 16, 6:30 p.m. – 9 p.m., Iowa Veterans’ Home, Marshalltown

March 17, 3 p.m. – 5 p.m., Meskwaki Tribal Center, 346 Meskwaki Road, Tama

March 17, 7 p.m. – 9 p.m., Meskwaki Tribal Center, Tama

Due to the many comments received from particular areas of the state, additional public hearings have been scheduled in Council Bluffs, Davenport, Des Moines, Iowa City and the Waterloo/Cedar Falls area. Specific times and sites have not been determined at this point, but the hearings will likely be held in early May. As soon as that information is available it will be released to the public.

The public hearings are for the purpose of accepting comments only. Comments at the public hearings will be limited to five minutes. Presentations shall include a hard copy for inclusion into public record.

Comments may also be submitted in writing before 4:30 p.m., May 18, to Chris Roling, Air Quality Bureau, Iowa Department of Natural Resources, 7900 Hickman Road Ste 1, Urbandale, IA 50322 or emailed to chris.roling@dnr.iowa.gov.

All documents for this project are available on the DNR Air Quality Bureau’s Web site at http://aq48.dnraq.state.ia.us:…

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Please submit your comments on this draft air quality permit. Making this permit stronger in any way would reduce the adverse impact of this coal plant and might prompt the utility to abandon the project.

You can download a pdf file with talking points for your comments on the Iowa page of the Sierra Club’s website.

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Iowa House and Senate approve sustainable funding amendment

The Iowa Senate approved the Natural Resources Trust Fund constitutional amendment today by 49 to 1, with Senator Pam Jochum (D) casting the only no vote.

The Iowa House approved the same bill yesterday by 82 to 14, with 4 not voting. Although the measure passed with strong bipartisan support, 11 Democrats and 3 Republicans voted no.

This is a huge victory for the Sustainable Funding Coalition, which includes the following organizations:

Conservation Districts of Iowa

Ducks Unlimited

Environment Iowa

Environmental Law & Policy Center

Iowa Association of County Conservation Boards

Iowa Conservation Alliance

Iowa Environmental Council

Iowa Farmers Union

Iowa Natural Heritage Foundation

Iowa Rivers Revival

Izaak Walton League

The Nature Conservancy

Pheasants Forever

Sierra Club, Iowa Chapter

Here is some background on the bill from the Iowa Environmental Council’s website:

This bill will …

Establish a constitutionally protected state fund for protecting and enhancing water quality, conserving Iowa’s precious agricultural soils, and much more.  Minnesota and other states have established similar trust funds.

This bill will NOT raise taxes

In Iowa, taxes cannot be raised by a constitutional amendment. However, constitutional amendments can dedicate a portion of tax revenue to certain activities. If this bill (currently numbered as SJR1 in the Senate and HJR1 in the House) becomes law, and WHEN sales taxes are increased in Iowa in the future, the first 3/8 cent of the new tax must be earmarked or dedicated to this new Trust.

Why sustainable funding?

Increased and protected state funding is essential to provide key benefits across Iowa:

* Cleaner water

* Positive economic impacts

* Sustainable agriculture and soils

* Outdoor recreation opportunities close to home where Iowans can enjoy and appreciate healthy activities, nature, and Iowa’s beauty.

Why a constitutional amendment?

Sales tax revenues are much more stable than the state budget. With a constitutional amendment that guarantees 3/8 cent of sales tax revenue to conservation, there will be predictable and steady funding for important long-term programs for a healthier environment.

What’s the process to establish the sustainable funding?

A vote of the people, as well as a vote of two different legislative bodies, is needed.

1. The 2008 Iowa Legislature passes the joint resolution to place the issue on public ballot.

2. The 2009 Iowa Legislature passes the same joint resolution.

3. Iowans would vote on the resolution in a statewide election. A simple majority is needed for its passage.

4. The Natural Resources and Outdoor Recreation Trust Fund begins accumulating when Iowa sales tax is increased.

The Iowa Environmental Council has also prepared this fact sheet (pdf file) on the sustainable funding initiative.

Although I would have voted for this bill, I have mixed feelings about it. I recognize the importance of securing a reliable funding stream for these programs, and this approach seems to work well for other states.

At the same time, I know California got into trouble by adopting too many constitutional amendments on funding this or that program. I also question why adequate funding for the environment should depend on raising the sales tax, which is regressive.

People involved with the Sustainable Funding Coalition have told me that they are working with the Iowa Policy Project to come up with a way to mitigate the impact that a sales tax hike would have on lower-income Iowans. (One option would be to increase the earned-income tax credit at the same time that the sales tax is increased.)

The Des Moines Register quoted four representatives explaining their votes, and I felt all raised valid points:

Rep. Paul Bell, D-Newton: “It is only right that we protect and maintain our natural resources for our children and godchildren.”

Rep. Mike May, R-Spirit Lake: “This is not a political issue. This is an environmental issue. A vibrant environment is incredibly important to our future. I’m concerned that we may supplant the funds that are now dedicated to DNR with this money. It behooves the Legislature to be vigilant and committed that we are going to protect this money.”

OPPONENTS: Rep. Cindy Winckler, D-Davenport: “We are elected to make decisions every day. Calling for a constitutional amendment allows us to put off our decision about our valuable natural resources. I do not think we need permission from our voters to make this important decision.”

Rep. Greg Forristall, R-Macedonia: “I support many causes that are mentioned in this resolution. Here’s my problem. What’s to prevent a future legislature from stripping all the money we currently spend (on natural resources) and switch to the money in this special fund?”

I put the full roll call from the Iowa House after the jump.

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Good advice for state legislators

I was down at the capitol today for the Iowa Environmental Council’s annual “lobby day.” I am active with several groups that had tables there.

If you’ve never attended one of these events, I highly recommend the experience. It is easy to introduce yourself to legislators and talk about your group or the policies you’re supporting.

Some organizations, such as the Iowa Policy Project, had detailed reports to hand out today. Those are quite useful, and I hope they find a receptive audience at the statehouse, but you don’t always need that much detail for a conversation with a state representative or senator.

It helps to have a concise document (a page or two) making your case for specific policies or bills. These “wish lists” are not only for legislators, but also for anyone who wants to know more about your group.

The Iowa Environmental Council’s press release sums up the key points of that organization’s message today:

February 10, 2009

Iowa Environmental Council Asks Legislators for Burn Ban, More Energy Efficiency Programs

DES MOINES – Advocates for clean water and air, clean renewable energy, and sustainable funding for natural resources filled the Statehouse rotunda today to offer lawmakers suggestions for protecting Iowa’s precious natural resources in lean economic times.

Marian Riggs Gelb, executive director for the Iowa Environmental Council, encouraged legislators to act quickly to support policy options to reduce greenhouse gas emissions, as outlined in a recent report by the Iowa Climate Change Advisory Council. Gelb, who served on the Iowa Climate Change Advisory Council, stressed that the energy efficiency project options provide significant cost savings to energy consumers and expand upon the programs already provided by utilities. Another option Gelb pointed to in the report was land use planning that incorporates sustainable community design and reduces vehicle miles traveled and expanded passenger rail and transit choices.

Gelb also called for legislators to request a new comprehensive state water plan and accurate, up-to-date floodplain maps from the Department of Natural Resources.

“We need a better understanding of the hydrology of our state. The last time the state made a comprehensive assessment of its water resources was 1978,” said Gelb.

Amy Broadmoore, the Council’s air quality program director, said the Council supports proposed legislation that would enact a statewide ban on burning within city limits.

“Asthma, bronchitis and heart attacks are all linked to high levels of fine particulate matter concentrations. These concentrations, in much of Eastern Iowa, are near to or exceeding the Clean Air Act’s standards. A burn ban would help protect Iowans, especially young children and the elderly,” said Broadmoore.

Other speakers included Representative Paul Bell, from Newton, and Senator David Johnson, from Ocheyedan. Like Gelb, they called for legislators to pass the measure currently eligible for debate by the Iowa House and Senate, which would allow Iowans to vote, in 2010, on a constitutionally protected trust fund for programs to protect and enhance Iowa’s natural areas, farmland and sources of drinking water. Gelb noted that Iowa ranks near the bottom in spending for protection of its natural resources.

Iowa Environmental Council member organizations and partners represented at the Statehouse today included 1000 Friends of Iowa; American Institute of Architects-Iowa Chapter; Center for Energy and Environmental Education; Iowa Conservation Education Coalition; Iowa Farmers Union; Iowa Global Warming; Iowa Natural Heritage Foundation; Iowa Policy Project; Iowa Renewable Energy Association; Iowa Rivers Revival; Raccoon River Watershed Association; Trees Forever; University Hygienic Lab; Women, Food and Agriculture Network.

###End###

This is a great “wish list” because it advocates for both specific policies that would improve air and water quality as well as broader recommendations of the Iowa Climate Change Advisory Council.

If you want to receive updates and action alerts from the Iowa Environmental Council during the legislative session, click here to sign up for their I-CALL list.

Please share your experiences lobbying state, local or federal officials in this thread.

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Alliant may walk away from the Marshalltown coal plant

On Wednesday the Iowa Utilities Board delivered a long-awaited ruling on “ratemaking principles” for the coal-fired power plant that Interstate Power and Light (a subsidiary of Alliant Energy) wants to build near Marshalltown. The ratemaking principles determine how much of a return the investor-owned utility can make on its investment. A higher return for the utility means the company can pass more of the cost of building a new plant onto customers.

The Iowa Utilities Board’s decision was well below what Alliant requested and not far above what the Iowa Consumer Advocate’s Office was seeking. The Cedar Rapids Gazette quoted an energy industry analyst:

“We expect LNT (Alliant Energy) will not accept the ratemaking principles as approved by the Iowa Utilities Board, instead allowing the proposal to die,” said David Parker of Robert W. Baird in Milwaukee. He said Alliant will probably look instead to building more wind and natural-gas electric turbines.

At Century of the Common Iowan, noneed4thneed links to an article from the Marshalltown Times-Republican that similarly suggested the future of the project is in doubt.

Alliant’s official statement left options open but made clear that the company was not happy with the ratemaking ruling. Excerpt:

In its decision, the IUB established a return on equity of 10.1 percent and a cost cap of $2816.00 per kilowatt, excluding AFUDC. IPL had requested a return on equity of 12.55 percent and a cost cap of $3483.00 per kilowatt, excluding AFUDC. IPL has proposed to own 350 megawatts of the facility’s output, with the remaining output owned by other partners or included in purchased power agreements.

“We will need to review the IUB’s written order to determine our next steps,” states Tom Aller, president-IPL. “However, the conditions placed by the IUB on the proposed hybrid power plant present a number of challenges in today’s financial climate, and we are disappointed that this decision seemingly does not take that reality into account. We will continue to work with our partners to determine how today’s decision will impact our respective companies’ long-term generation plans. IPL remains committed to pursuing safe, reliable, environmentally responsible and cost effective energy supply options to meet Iowa’s future energy needs.”

I would not be surprised if Alliant follows the lead of LS Power, which opted last month not to pursue a proposed coal-fired power plant near Waterloo. Alliant’s subsidiary in Wisconsin may ask state regulators to allow an emergency rate hike because the economic slump has reduced demand for electricity:

Utility executives said the increase would be needed to offset a dramatic decline in power sales because of the recession.

With the closing of the Janesville General Motors plant and other factory cutbacks, the utility is forecasting power sales to drop 6% this year.

“It is understandable that our customers find it frustrating that the economic hardships many of them are experiencing could in turn compel us to increase their electric bills,” said Patricia Kampling, the utility’s chief financial officer, during a conference call Thursday.

Think about that for a minute. All along Alliant and their boosters in Marshalltown have been telling us that a new coal-fired power plant is needed to meet increased electricity needs. But future demand is almost surely going to be below what they have projected.

We could reduce our baseload needs further with an aggressive energy efficiency policy.

While several analysts interpreted Wednesday’s ratemaking ruling as bad news for Alliant, it’s worth noting that Plains Justice had a different take:

“The Iowa Utilities Board has missed an important opportunity to protect our state’s economy and shield  Iowa consumers from a significant electricity rate increase,” said Carrie La Seur, President of Plains Justice.

“New coal power plant proposals are being canceled across the country because they cost too much and pose too many financial risks. The IUB has really let Iowans down by opting for an expensive, polluting coal plant instead of the available cheaper alternative of aggressive energy efficiency programs,” she added.

I put the full text of the Plains Justice release after the jump.

On a related note, Plains Justice passed along this news via e-mail a few days ago:

Last week, the Iowa Utilities Board (IUB) denied a petition to re-open the generating certificate proceedings for the proposed Marshalltown coal plant. The generating certificate grants permission for the power plant to be built.

A petition for re-hearing had been filed by the Iowa Office of Consumer Advocate and joined by Plains Justice on behalf of Community Energy Solutions, Iowa Environmental Council, Iowa Farmers Union, Iowa Physicians for Social Responsibility, and Iowa Renewable Energy Association (the Coalition). Now that the petition has been denied, the IUB’s decision to grant the generating certificate can be appealed in state court although it is not yet known whether anyone will appeal.

A lawsuit would only add to the delay and expense of building this power plant.

Meanwhile, the Iowa Department of Natural Resources is expected to issue a draft air permit for the Marshalltown plant very soon. Opponents of this 50-year investment in the wrong direction on energy will want to make their voices heard during the public comment period on that permit. Coal-fired power plants are a major source of fine-particulate matter pollution, which is linked to various respiratory illnesses.

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Action: Demand more public input on coal plant in Marshalltown

This e-mail came from the Sierra Club Iowa Chapter today:

Take Action for Clean Energy

The draft air permit for Alliant Energy’s massive proposed coal-fired plant in Marshalltown could be released any day now. It is critical that all Iowans have a chance to participate in the permitting process and express concerns about public health and the threat to Iowa’s energy future posed by dirty fuels of the past like coal.

Tell Governor Culver and Iowa Department of Natural Resources Director Richard Leopold that more public hearings should be held, and the comment period should be extended to 90 days.

Click here to take action:  http://action.sierraclub.org/e…

Alliant’s proposed 642 megawatt coal plant would emit tons of harmful soot and smog forming pollution linked to serious respiratory and heart problems.  It would also spew roughly 6,000,000 tons per year of carbon dioxide into the atmosphere.  This is a statewide debate about the air we breathe and the energy choices we make-all concerned Iowans should have the opportunity to make their voices heard.

We need clean energy solutions in Iowa that will create jobs and foster the growth of our economy, not pollute our air for decades.

Please take action now and help us demand a cleaner energy future!

In hope and enthusiasm,

Neila Seaman

Director

Sierra Club, Iowa Chapter

3839 Merle Hay Road, Suite 280

Des Moines, IA 50310

neila.seaman@sierraclub.org

515-277-8868

http://www.iowa.sierraclub.org/

Clicking the above links will take you to a page where you can send a message to Governor Culver and DNR director Leopold. You can use the message the Sierra Club has drafted, or personalize your message as desired.

Click here to read a Sierra Club fact sheet on how burning coal adversely affects the environment and public health. Those facts and figures may be useful for your message to Culver and Leopold.

Extending the public comment period on an air quality permit may seem like no big deal, but the longer that this process takes, and the more Iowans who weigh in, the better the chance that Alliant will walk away from this project. Earlier this week LS Power announced that it would no longer try to build a coal-fired power plant near Waterloo, citing market conditions and lower future projected electricity demand.

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Yes, the Waterloo coal plant is dead

On Saturday I asked whether the proposed coal-fired power plant near Waterloo was dead now that Dynegy has pulled out of a joint venture with LS Power and Associates.

I am pleased to bring you the answer to the question:

LS POWER AFFILIATE WILL FOREGO FURTHER DEVELOPMENT OF ELK RUN ENERGY STATION

01/06/2009

WATERLOO, IOWA (January 6, 2009) – LS Power affiliate, Elk Run Energy Associates, LLC, announced today that it will forego further development of the Elk Run Energy Station in Waterloo, Iowa.

Given the slowing load growth in the region due to the current downturn in the U.S. economy, and the fact that LS Power has more advanced projects under development in the region that could serve the same need, the Company will redirect its development efforts to other projects.

“Elk Run Energy has been a proud member of the Greater Cedar Valley community, and appreciates the unwavering support of so many individuals and organizations throughout the development process,” said Mark Milburn, Assistant Vice President of LS Power.

LS Power continues to develop a portfolio of coal, natural gas, wind and solar generation facilities and transmission projects with ongoing development activities in Arkansas, Arizona, Georgia, Michigan, Nevada, New Jersey, Texas, Virginia and other locations.

Did you catch that bit about “slowing load growth” in the region? That means that future electricity usage is projected to be lower than previously thought, because of the current recession. People are tightening their belts, and conserving energy is a good way to save money. We could do even more on this front with aggressive state or federal policies on energy efficiency.

Thanks again to all the environmental and community advocates who helped doom the Elk Run project. One coal-fired power plant down, one to go.

Will Alliant and its subsidiary IPL keep trying to build a new coal plant near Marshalltown? I don’t know, but it’s worth noting that Dynegy’s stock went up 19 percent the day they withdrew from the joint venture on developing new coal plants. Alliant’s stock price could use a shot in the arm right now.

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Of all the times to shelve coal ash disposal rules

I missed this Des Moines Register story last week:

Iowa state environmental regulators want to shelve for as long as three years new rules intended to keep toxic coal ash out of Iowa’s water supplies, largely because of industry protests.

Environmentalists say the state is caving in to industry pressure while putting Iowans’ drinking water supplies, and health, at risk.

The article quotes Carrie La Seur, founder of Plains Justice, as saying she learned on December 30

that Iowa regulators agreed to postpone action on their new rules after companies that handle ash waste questioned the true health risk and objected to potential costs associated with the changes that they said would be passed on to consumers.

Instead, the firms offered to install monitoring wells to check whether ash is polluting water around unlined former gravel pits and ravines where the material is used as fill.

Coal ash typically contains a variety of heavy metals that can cause cancer, neurological and developmental problems, and other illnesses. The pollutants include arsenic, lead, mercury and boron, which are concentrated at levels in the ash that are far above the amount found in coal.

In 2007 Plains Justice produced an Iowa Coal Combustion Waste Disposal Report. Click the link to download the report.

La Seur told the Des Moines Register that Plains Justice is particularly concerned about storing coal ash near rivers.

With good reason, because the recent billion-gallon coal ash spill in Tennessee may be even worse for the environment and for human health than it first appeared.

This Daily Kos diary discusses the contaminants that have already been found in the Emory River since that accident:

All water samples were found to contain elevated levels of arsenic, barium, cadmium, chromium, lead, mercury, nickel and thallium. The samples were taken from the immediate area of the coal waste spill, in front of the Kingston Fossil plant intake canal just downstream from the spill site, and at a power line crossing two miles downstream from the spill.

These pollutants will flow downstream to larger rivers, and they are likely to remain in the environment for a long time. Water near a similar accident in Kentucky remained devoid of aquatic life for years.

Even worse, waste produced by coal plants contains radioactive compounds. Daily Kos diarist Hummingbird linked to a 2007 article from Scientific American: Coal Ash Is More Radioactive than Nuclear Waste. Click the link to read the very disturbing details.

The Iowa Department of Natural Resources should not back off from requiring coal ash storage facilities to have liners. That is a reasonable precaution, given how many hazardous substances are concentrated in the coal ash.

The Register says companies have offered to install wells to monitor whether contaminants are leaching from unlined ravines and gravel pits into groundwater. I hope the DNR will have the resources and commitment to follow through on this monitoring and check compliance. I do not want to take corporations’ word for it that the water around their storage facilities is fine.

Unfortunately, the DNR is not always quick to investigate potential water quality problems.

The disaster in Tennessee should be a reminder to all that there is no such thing as clean coal, even if future technology were able to capture carbon emissions from coal-fired power plants.

UPDATE: A commenter at Daily Kos pointed out that the timeline of the DNR’s decision is unclear. La Seur says she learned of plans to shelve the new disposal rules on December 30. But did the DNR make that decision before or after the Tennessee disaster occurred on December 22?

If you know the answer to this question, please e-mail me confidentially at desmoinesdem AT yahoo.com.

SECOND UPDATE: I got this reply from La Seur:

Plains Justice has been working with DNR on this rulemaking for most of the last year following our 2007 coal ash disposal report.  We filed comments on a draft rulemaking at the end of the summer.  DNR then announced that it would be issuing a second draft for comment in December.  We were waiting on that when the TN coal ash spill happened.  Because of TN we began to get press queries about Iowa’s status, so we called DNR to ask what was happening with the rulemaking.  DNR told us that the rulemaking was being shelved because of industry resistance and DNR would be changing the website soon to reflect that change.  To my knowledge there was no public notice or public hearing.

We’ve been publicizing this development and pursuing other actions in response.  If anyone needs more information, give me a call at 319-362-2120.

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Is the Waterloo coal plant dead?

The Houston Chronicle reported on January 2:

Stingy credit markets and high regulatory hurdles have spurred Houston-based Dynegy to step back from new coal-fired power plant projects by ending a joint venture with LS Power Associates.

Dynegy will keep the right to expand its 27 existing coal, natural gas and oil-fired plants in 13 states, and it retains stakes in a pair of Texas and Arkansas coal projects.

But Dynegy will pay New York-based LS Power $19 million as part of the split and let it take full ownership of new projects under consideration in Arkansas, Georgia, Iowa, Michigan and Nevada.

Shares of Dynegy closed up 38 cents, or 19 percent, to $2.38 on Friday.

Dynegy Chairman and CEO Bruce Williamson said the power plant development landscape has changed since the company entered into the joint venture with LS in the fall of 2006. Funding new projects is much more difficult given the worldwide credit crunch and the possibility of new climate change legislation under the Obama administration.

“In light of these market circumstances, Dynegy has elected to focus development activities and investments around our own portfolio where we control the option to develop and can manage the costs being incurred more closely,” Williamson said in a statement.

Here is the Waterloo-Cedar Falls Courier’s take on the story:

The future of a proposed coal-fired power plant near Waterloo became a little cloudier Friday when Texas-based Dynegy Inc. announced that it and New Jersey-based LS Power Associates were dissolving their joint venture to develop that plant and others in several states.

The move transfers to LS Power full ownership and developmental rights associated with various “greenfield” projects in several states, including the 750-megawatt Elk Run Energy Station proposed for construction northeast of Waterloo.

[…]

Separation from Dynegy puts the Elk Run plans in doubt, said Don Shatzer, a member of Community Energy Solutions, which opposes the Elk Run Energy project.

“LS Power has no experience developing/operating coal plants and so is unlikely to proceed (without) a new partner,” Shatzer said in an e-mail note.

Bruce Nilles, director of the Sierra Club’s National Coal Campaign, shares Shatzer’s opinion, according to The Houston Chronicle.

This sounds quite promising, although neither the Houston Chronicle nor the Waterloo-Cedar Falls Courier were able to get a comment from LS Power on whether it will continue to pursue this project.

Incidentally, the Waterloo plant is not needed to meet Iowa’s energy demand; most of the electricity the plant would have generated would have gone out of state.

Many thanks to all those who have worked hard to prevent this plant from being built, notably the Waterloo-based grassroots organization Community Energy Solutions, the Sierra Club Iowa chapter, Plains Justice of Cedar Rapids, and the Iowa Environmental Council (with which I am involved).

Well-organized activists helped prevented LS Power from annexing some farmland for the coal-fired plant.

In March 2008, the Iowa Department of Natural Resources denied a construction permit for the project. Apparently the county zoning for that land was not in order, so the DNR concluded that LS Power “hadn’t met our requirement to have the full ability to put the power plant on that property.”

These small victories were not themselves enough to kill the project. However, the setbacks delayed the process until “external credit and regulatory factors that make development much more uncertain” prompted Dynegy to walk away.

Lesson for environmental activists: it is worth exercising every legal option to put up obstacles to a bad project.

Lesson for Alliant, which wants to build a new coal-fired power plant near Marshalltown: Dynegy’s stock shot up 19 percent in one day after they pulled out of the joint venture with LS Power. The market favors abandoning new coal projects. Dropping your plans to build a power plant near Marshalltown would not only be good for public health and the environment, it could boost your stock price.

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What kind of politicians make history?

The Des Moines Register ran a piece on New Year’s Day called Culver resolves to leave as premier Iowa governor:

Gov. Chet Culver, who plans to run for re-election in 2010, gave himself overall high marks for his first two years in office during an exclusive, year-end interview with The Des Moines Register this week.

Some of the accomplishments he touted include improvements to health care coverage for children, expanded preschool, alternative energy incentives and efforts to help Iowa in flood recovery.

Culver has a picture of former Iowa Gov. Horace Boies on the wall of his office at the Capitol, which he uses as inspiration.

“Some people say he’s the best governor we ever had and that’s my goal: To try to be the best governor we ever had, and I’ve got a lot of work to do to achieve that goal,” Culver said.

I don’t know a thing about Horace Boies, but the piece got me thinking about what Culver would have to do to go down in history as the best governor Iowa ever had.

What makes a governor, or any elected official, memorable in a good way for decades after leaving office?

Some politicians make history instantly by being the first something-or-other to reach a particular position. Whether Barack Obama turns out to be a great president or achieves as little as Millard Fillmore, he’ll be remembered for centuries as the first black man elected president.

Culver’s not going to be remembered for being the first of anything.

Some politicians are good at winning elections but don’t leave much of a legacy. Terry Branstad never lost an election and served four terms as governor of Iowa, but he’s not going to make anybody’s “best governors ever” list.

Bob Ray was a good man and had a lot of crossover appeal. He was re-elected by big margins. (He was the only Republican who ever got my mother’s vote, as far as I know.) He was tolerant and even encouraged foreign immigrants to move here, which may be hard to believe if you’ve only ever known Republicans since 1990. I don’t know whether Ray had any big accomplishments historians will be talking about far into the future, though.

If Culver does an adequate job governing Iowa through a difficult economic stretch, he should be able to win re-election. But if he wants to be remembered 50 or 100 years from now, he’s going to have to do something big to change business as usual in this state.

On January 1 former Senator Claiborne Pell of Rhode Island passed away at age 90. He’s been out of the Senate for more than a decade, he represented a small state, and according to his obituary he was a weak chairman of the Senate Foreign Relations Committee.

Nevertheless, people remember him because Pell Grants have helped thousands and thousands of Americans go to college. Millions of Americans have a friend or relative who received a Pell Grant. The grants may not be large enough to meet the need and have not increased at the same rate as college tuition, but they have improved people’s lives in a tangible way.

Lots of people serve in Congress for decades without ever achieving anything as significant as establishing the Pell Grant program. They may be more politically skilled than Claiborne Pell, but they won’t be remembered in the same way. He was passionate about expanding opportunities for children of modest means, and he made lasting change toward that end.

I don’t know what issues are particularly important to Culver. From my perspective, he needs to be ambitious about achieving some goal that benefits large numbers of Iowans. He’s more fortunate than Tom Vilsack, because the Republicans are not in a position to block his agenda in the legislature. He may need to spend political capital to get the Democratic leaders in the statehouse to back him, but he’s got a better chance than Vilsack to make big changes.

I haven’t seen Culver take a lot of political risks during his first two years. He’s done good things, like raising the minimum wage, making health care accessible for more children and allocating more money to the Main Street program. He’s tried to do other good things, like expand the bottle bill to include juice, water and sports drinks (the legislature did not approve that measure).

But Culver is not out there on any controversial issue. He said he was for local control over siting of large hog lots (CAFOs) when he was running for governor, but he hasn’t done anything to get the legislature to pass agricultural zoning. I don’t expect that to change, even though the Iowa Democratic and Republican party platforms ostensibly support “local control.”

When the legislature debated the TIME-21 proposal to increase transportation funding, Culver did not get behind efforts to increase the share of funds devoted to freight and passenger rail, public transit or maintaining existing roads. As a result, it’s possible that new road construction will consume all of the extra money allocated to transportation.

Culver supports renewable energy, but he hasn’t taken a position on the new coal-fired power plants proposed for Waterloo and Marshalltown. Nor has he leaned on the legislature to pass an ambitious renewable electricity standard (for instance, requiring that 20 percent of electricity come from renewable sources by 2020). That kind of mandate would require utilities to ramp up clean energy production more quickly.

Faced with a major revenue shortfall, Culver took the relatively safe path of imposing a hiring freeze, reducing out-of-state travel, and then cutting spending across the board by 1.5 percent.

Perhaps the Popular Progressive blog was right, and Culver should have spared some state agencies from cuts while imposing deeper cuts on the agencies that are not performing as well.

Depending on what Culver cares about most, and what he views as achievable, he could secure his legacy in any number of ways.

He could become the governor who made sure Iowa’s water was cleaner when he left office than when he arrived. But that would require addressing some conventional agricultural practices that cause runoff problems. Obviously, the groups backing the status quo in agriculture are quite powerful.

Culver could become the governor who took the climate change problem seriously and put us on track to reduce our carbon-dioxide emissions. That means getting behind the recommendations of the Iowa Climate Change Advisory Council and making sure budget constraints don’t become an excuse for doing little to promote clean, renewable energy.

Culver could become the leader who helped solve our budget problems by restructuring government to save taxpayers money without reducing essential services. That might require treading on politically dangerous territory. Maybe Iowa needs to take radical steps to save money, like reducing the number of counties.

My list is not exhaustive, so feel free to add your ideas in the comments.

I’ll wager that anything big enough to put Culver on the all-time great governors list would be risky for him to pursue. He might fail to secure the legislature’s backing and come out looking ineffective. Also, some policies with long-term benefits may be unpopular in the short term, either with the public or with well-funded interest groups.

Playing it safe may give Culver a better chance of being re-elected, but at a cost to his potential legacy.

What do you think?

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Bleeding Heartland Year in Review: Iowa politics in 2008

Last year at this time I was scrambling to make as many phone calls and knock on as many doors as I could before the Iowa caucuses on January 3.

This week I had a little more time to reflect on the year that just ended.

After the jump I’ve linked to Bleeding Heartland highlights in 2008. Most of the links relate to Iowa politics, but some also covered issues or strategy of national importance.

I only linked to a few posts about the presidential race. I’ll do a review of Bleeding Heartland’s 2008 presidential election coverage later this month.

You can use the search engine on the left side of the screen to look for past Bleeding Heartland diaries about any person or issue.

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Yet another reason to oppose new coal-fired power plants in Iowa

I thought I was well-informed about the environmental hazards of coal-fired power plants until I read about

a massive flood of toxic coal sludge from a dam that burst at a local coal company’s processing plant in Tennessee yesterday.

The spill covered as many as 400 acres of land with toxic ash as high as six feet deep.

Click the link to see footage of the disaster, and think about sludge containing mercury, arsenic and lead covering hundreds of acres of land and seeping into the water supply.

Matt Stoller called  it an “environmental 9/11 in Tennessee” and noted that waters in eastern Kentucky where a similar spill occurred in October 2000 are still unable to support aquatic life. Years later, people in the area do not drink the tap water.

We do not need to build any new coal-fired power plants. On the contrary, we should aggressively promote clean, renewable energy production and conservation measures to reduce future demand for electricity.

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EPA ruling is blow to new coal-fired power plants (updated)

It may become harder for utilities to gain permission to build new coal-fired power plants while promising to deal with carbon-dioxide emissions at some point in the future, when carbon sequestration technology becomes available.

From a press release circulated on the Sierra Club’s Iowa topics e-mail loop yesterday:

Ruling: Coal Plants Must Limit C02

In a move that signals the start of the our clean energy future, the Environmental Protection Agency’s Environmental Appeals Board (EAB) ruled today EPA had no valid reason for refusing to limit from new coal-fired power plants the carbon dioxide emissions that cause global warming.  The decision means that all new and proposed coal plants nationwide must go back and address their carbon dioxide emissions.

“Today’s decision opens the way for meaningful action to fight global warming and is a major step in bringing about a clean energy economy,” said Joanne Spalding, Sierra Club Senior Attorney who argued the case. “This is one more sign that we must begin repowering, refueling and rebuilding America.”

“The EAB rejected every Bush Administration excuse for failing to regulate the largest source of greenhouse gases in the United States.  This decision gives the Obama Administration a clean slate to begin building our clean energy economy for the 21st century,” continued Spalding The decision follows a 2007 Supreme Court ruling recognizing carbon dioxide, the principle source of global warming, is a pollutant under the federal Clean Air Act.

“Coal plants emit 30% of our nation’s global warming pollution. Building new coal plants without controlling their carbon emissions could wipe out all of the other efforts being undertaken by cities, states and communities across the country,” said Bruce Nilles, Director of the Sierra Club’s National Coal Campaign. “Everyone has a role to play and it’s time that the

coal industry did its part and started living up to its clean coal rhetoric.”

The Sierra Club went before the Environmental Appeals Board in May of 2008 to request that the air permit for Deseret Power Electric Cooperative’s proposed waste coal-fired power plant be overturned because it failed to require any controls on carbon dioxide pollution. Deseret Power’s 110 MW Bonanza plant would have emitted 3.37 million tons of carbon dioxide each

year.

“Instead of pouring good money after bad trying to fix old coal technology, investors should be looking to wind, solar and energy efficiency

technologies that are going to power the economy, create jobs, and help the climate recover,” said Nilles.

I don’t yet know how this ruling will affect the proposed coal-fired power plants for Waterloo and Marshalltown. I will update this post as more information becomes available.

UPDATE: Mark Kresowik, National Corporate Accountability Representative with the Sierra Club’s National Coal Campaign, provided this comment:

“The Environmental Appeals Board remanded Deseret’s air quality permit for the Bonanza coal plant, issued by the EPA under the PSD program, back to the EPA. They clearly stated that the EPA has the authority to regulate carbon dioxide and establish a “best available control technology” (BACT) limit for carbon dioxide pollution from significant new sources (like coal plants).

While they did not answer the question of whether or not the EPA MUST establish a limit, they did reject all of the previous excuses the Bush EPA has used to avoid regulating carbon dioxide.  So EPA must completely reopen the air quality permit, decide whether or not to limit CO2 from power plants (and how to limit CO2 if it chooses to), and justify that decision.

The EAB decision is formally binding on all air quality permits issued by the EPA.  However, most air quality permits are not issued by the EPA but rather by state authorities delegated that power by the EPA, for instance the Iowa Department of Natural Resources.  However, those authorities must enforce regulations at least as stringently as the EPA and all of them look to the EPA for guidance on issues such as this.  So it is probable that every coal plant air quality permit in the country from now on (including those issued but still being challenged on carbon dioxide grounds) must address CO2 limits directly, either establishing a limit or justifying their refusal in a new way that the EPA has not previously used.  It is likely a de-facto stay on all air quality permit decisions for approximately the next 6-12 months, including proposed coal plants in Waterloo and Marshalltown that have not been issued air quality permits.

This is an important opportunity for Iowa and the entire country to make significant investments in energy efficiency and clean energy that will lower energy costs, create millions of “green collar” jobs, and stimulate our economy.”

Looks like the DNR is our best hope for stopping new coal-fired power plants in Iowa.

Meanwhile, earlier this week Wisconsin became the latest state to reject an application to build a coal-fired power plant. The whole press release from the Iowa Environmental Council is after the jump. Here is an excerpt:

“Building coal-fired power plants has never made sense from an environmental perspective and no longer makes sense from an economic perspective,” said Katie Nekola, energy program director of Clean Wisconsin. “The transition toward a clean energy economy is beginning, and it’s important for other states not to lag behind the movement by building more coal plants.”

Nathaniel Baer, energy program director for the Iowa Environmental Council, says Iowans need to follow the lead of neighboring states to the west, north, and now east, which have concluded that clean energy makes more economic sense than coal.

“Iowa simply cannot afford to be left behind sinking billions of dollars into monuments to 19th century dirty coal,” Baer said.

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Bush's parting gifts

Today I am beginning an occasional series on what George W. Bush will do for corporate interests and major Republican donors during the final weeks of his presidency.

This comes from the Sustainable Agriculture Coalition’s e-mail newsletter:

EPA Administrator Signs Off on Final CAFO Rule:  Last Friday, as a “Halloween trick” for the environment and public health, EPA Administrator Stephen Johnson signed a revised Clean Water Act final regulation for Concentrated Animal Feeding Operation (CAFO) permits and effluent limitations.  EPA revised the CAFO regulations in response to legal challenges to a 2003 CAFO final regulation, brought in the case Waterkeeper Alliance Inc. v. EPA by both environmental organizations and the CAFO sector.  

The revision opens a gaping hole in the 2003 regulation by allowing a CAFO, no matter how large, to self-certify that the CAFO does not “intend” to discharge to the waters of the U.S.   EPA ignored the recommendation of the federal Second Circuit Court of Appeals to establish a regulatory presumption that large-scale CAFOs discharge pollutants.  The presumption would have required that a large-scale CAFO demonstrate to regulatory authorities that it is designed and can be operated to avoid all discharges of regulated pollutants.  

EPA also rejected making improvements in technology that reduce harmful bacteria and other pathogens that threaten public health, a problem aggravated by the development of antibiotic resistant pathogens in CAFOs.  The revised rule does include one improvement required in Waterkeeper — that a CAFO nutrient management plan must be included in a Clean Water Act permit for the CAFO and made available for public review and comment.

EPA is expected publish the revised final regulation in the Federal Register before the end of November. In the meantime, a copy of the unofficial version of the revised regulation is posted on the EPA website. You can also register on the website for a November 19 EPA webcast about the revised CAFO regulation.

SAC will be urging the new Administration to revisit this rulemaking on an expedited basis.

Why am I not surprised that industrial ag profits are a higher priority than the environment and public health?

I hope that the Obama administration will put this on the list of actions to be overturned.  

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Rural development "got the very short end of the stick" in Farm Bill

cross-posted at La Vida Locavore

I learned today from the Public News Service that Jon Bailey of the Center for Rural Affairs

has done an analysis of the 2008 Farm Bill, and found 233 times more spending on commodity subsidies than on rural development.

“Initiatives that would help start businesses, create jobs, make communities attractive places for people to relocate to, were left out of the farm bill.”

In contrast, Bailey notes, the Farm Bill allocates $35 billion for commodity subsidies, which makes the amount for revitalizing rural areas seem paltry.

“There are only three programs totaling $150 million for rural development in the final Farm Bill. Rural development got the very short end of the stick.”

Bailey noted that the 2002 Farm Bill included “more than $1 billion in mandatory spending for rural development programs.”

If you go to this page at the Center for Rural Affairs, you can find a link to a pdf version of the full report.

As much as I admire Senator Tom Harkin, I was very disappointed by how the Farm Bill (officially known as the Food, Conservation, and Energy Act of 2008) turned out. I have no idea what can be done to get Congress to redirect government funding toward sustainable farming practices and programs that improve the quality of life in rural areas.

Meanwhile, Susan Heathcote, the water program director of the Iowa Environmental Council and a member of the state Environmental Protection Commission, wrote a good guest editorial for the Des Moines Register about the need for better monitoring of drinking-water sources.

She mentioned two recent incidents of conventional farming polluting drinking water in the Des Moines area. Farms 80 miles upstream contributed to high ammonia levels found in the Des Moines and Raccoon Rivers last spring, and a cyanobacteria “algae bloom” prompted the Des Moines Water Works to stop drawing from the Raccoon River in August.

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Read this before you accidentally eat melamine

Asinus Asinum Fricat is one of very few bloggers who teach you something in just about every piece they write. A trained chef, he writes lots of “food” diaries about various cuisines of the world and occasionally the food past generations ate.

Asinus Asinum Fricat also writes lots of pieces on environmental or health issues, such as this post on the massive “plastic soup” in the Pacific Ocean. Frankly, sometimes I dread clicking on his diaries, because I know he’s going to scare the hell out of me.

That said, I strongly recommend that everyone (especially parents) read a four-part series he recently completed about food products tainted with melamine. You may have heard of melamine last year in news reports about massive pet food recalls.

Unfortunately, melamine has shown up in the human food supply, and so far the U.S. Food and Drug Administration has not been as aggressive in dealing with the danger as governmental agencies in some other countries.

Here are the four pieces by Asinus Asinum Fricat:

A Total Ban on Chinese Food Imports Should Be in Place. Now!

Must Read: Tainted Chinese Products Criminal Timeline

From China, with Love: Melamine (This one contains a long list of products that have been banned in other countries; many of them are brands you will recognize.)

Dem. Congresswoman Raps FDA On Melamine Risk Guidelines

The community blog on food issues, La Vida Locavore, is a good one to bookmark and check regularly for articles about food safety.

End Iowa's "don't ask, don't tell" approach to water quality

High levels of blue-green algae (cyanobacteria) in the Raccoon River forced the Des Moines Water Works to switch to a secondary source in August.

You would think that a problem affecting the state’s largest water treatment facility would grab the attention of the state Department of Natural Resources. The U.S. Department of Interior’s official definition of “natural resources” mentions “Land, fish, wildlife, biota, air, water, ground water, drinking water supplies and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the U.S., any state or local government […].”

But you would be wrong, because the Iowa DNR didn’t bother to look into what caused the Raccoon River’s elevated levels of cyanobacteria. Instead, Des Moines Water Works staff, aided by the Iowa Soybean Association and Agriculture’s Clean Water Alliance, traced the algae bloom to Black Hawk Lake in Sac County:

Experts say the algae can cause rashes, intestinal illnesses, even death.

The Iowa Department of Natural Resources is charged with monitoring water quality throughout the state.

Agency officials said they believed that the waterworks operation had monitoring under control, and noted that no one asked them to investigate.

Why should the DNR wait for someone to ask them to investigate high bacteria levels affecting the drinking water of Iowa’s largest population center? The article goes on to say:

Susan Heathcote serves on a state commission overseeing the DNR and follows water quality issues for the nonprofit Iowa Environmental Council. She said the agency should have shown more interest in a problem that has become more common across Iowa.

“It’s kind of don’t ask, don’t tell,” Heathcote said. “We know there are issues, but we aren’t being proactive to warn the public. You need to investigate why it was occurring. It should have been an urgent issue.”

By the way, Des Moines area residents weren’t the only ones affected by the DNR’s failure to identify algae blooms at Black Hawk Lake:

Levels in the west-central Iowa lake near Lake View, recorded just after the Labor Day weekend, were seven times more than an internationally recognized benchmark for safe swimming.

State law charges the Iowa Department of Natural Resources with monitoring water quality and protecting Iowans from such outbreaks. Yet no one from the agency warned swimmers to stay out of the 925-acre Sac County lake, which has several beaches and campgrounds.

The Iowa News Service had more details in a story picked up by a lot of radio stations last Thursday:

Susan Heathcote, water program director for the Iowa Environmental Council, says, although the water in Des Moines is safe to drink when treated, that type of [blue-green] algae can make for smelly and bad-tasting water, even at low levels. Her biggest concern is that, at high levels, the toxins can cause serious health problems. The Department of Natural Resources (DNR), she says, currently has no state programs dealing with the sources of pollution in these large watersheds.

“That needs to become more of a priority, because these issues are not going away. They’re getting worse and new problems are surfacing every day. The department needs to partner with drinking water utilities in developing programs that will help address these sources of pollution within their watersheds, that are really outside of the control of the drinking water utilities way downstream.”

Randy Beavers, Des Moines Water Works interim CEO and general manager, says the cyanobacterial organism needs nutrients to survive, and right now the river’s source waters have plenty to feed it.

“In August, we were seeing cell counts of over 30,000 in the river and our experience has been that once cell counts get above 10,000, it becomes problematic for treatment. We always have the potential for taste and odor issues as well. It has just been within the last week that we’ve seen the cell counts fall below 10,000.”

Here’s the deal: those nutrients that Beavers cited as a food source for the bacteria get into the water because of runoff from conventional farms.

When Heathcote mentioned “these sources of pollution within their watersheds, that are really outside of the control of the drinking water utilities way downstream,” she was talking about conventional farms.

We will never significantly improve water quality in Iowa until we start regulating the agricultural methods that send too much pollution into our rivers and lakes.

I wish I could say that I’m optimistic about the DNR ending the “don’t ask, don’t tell” approach to water quality. The Iowa Environmental Council wants the legislature to do more on this issue, but our elected officials don’t want to point the finger at the largest source of pollution in our water: the agricultural sector.

I am involved with the Iowa Environmental Council. If you are concerned about our natural resources, support this non-profit by becoming a member or attending the council’s upcoming annual meeting on October 17, which will focus on clean water.

Alternatively, Iowans could just stop whining and learn to love smelly drinking water and unswimmable lakes. After all, Iowa is an agricultural state and anyone who doesn’t like it can leave in any of four directions.

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Good riddance

cross-posted at La Vida Locavore

Sometimes one small step against confined animal feeding operations (CAFOs) leads to another.

Over at Iowa Independent, Jason Hancock reports that

A member of the state’s Environmental Protection Commission who has been labeled by critics as “pro-factory farms” has stepped down.

Ralph Klemme, a former Republican state representative from LeMars, resigned from the nine-person oversight panel, which is part of the Iowa Department of Natural Resources, late last week. He told the Coalition to Support Iowa’s Farmers that the commission’s “increasing tilt against agriculture” was his main reason to step down.

The commission’s recent vote to reject permits for two hog confinements in Dallas County appears to have been a major factor in Klemme’s decision.

I was against Klemme’s appointment to this commission in 2007 because of his involvement with corporate agriculture groups.

My suspicions were warranted. In a statement welcoming Klemme’s resignation, Iowa Citizens for Community Improvement recounted his record of looking out for agribusiness instead of the environment:

Klemme voted in May to approve a large hog factory in Greene County that was overwhelmingly opposed by local residents, county officials and local business leaders. He also voted against a common-sense rule that would have limited the amount of manure that factory farm owners could be spread on soybean crops.

Governor Chet Culver should replace Klemme with someone committed to protecting the environment. Otherwise why call it an Environmental Protection Commission?

I am hopeful because several of Culver’s appointments to this body have been quite good.

On the other hand, I wouldn’t underestimate the clout of corporate agriculture groups that will lobby the governor to replace Klemme with a person who is equally sympathetic to their interests. We saw this summer that agriculture trumped the environment on the task forces associated with the Rebuild Iowa Commission.

Whoever takes Klemme’s place on the Environmental Protection Commission, I view his resignation as a healthy sign. The majority of commission members are not willing to look the other way regarding the environmental impacts of CAFOs.

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Sign this petition against new coal-fired plants in Iowa

The Sierra Club has created an online petition for Iowans, urging energy providers to invest in clean sources for electricity generation, not coal:

Coal is keeping us from moving to a new clean energy economy. To keep our utility prices low, our local energy providers need to move beyond coal and start meeting our electricity needs via clean, renewable energy sources such as wind, solar and biomass.

Sign on to the online petition today to voice your support for an end to coal and the start of green jobs and better health. We will be delivering the petition directly to energy providers across the state.  

Petition to Energy Providers:

I urge my local power provider to reallocate any proposed investment in coal into clean, safe, renewable energy sources and efficiency measures that will provide real consumer relief and a clean environment for generations to come.

We need to break our addiction to fossil fuels and shift to clean energy and efficiency programs that can meet energy demand and stimulate our local economy.

An investment in coal is a large step backwards. I do not support investing in a dirty fuel source that will drive up costs and increase my utility bill.

We need sensible energy solutions now, and real investment in energy efficiency and clean, renewable energy to take our state smartly into the future.

Energy experts agree with Al Gore: we don’t need to build any new coal-fired power plants to meet demand for electricity. Not in Marshalltown or Waterloo or anywhere else in Iowa.

Utilities could be doing much more to implement energy-efficiency measures.

Not only is every new coal-fired power plant a 50-year investment in the wrong direction, consumers will end up paying more for electricity from new power plants.

Also, coal-fired plants are a leading source of deadly fine particulate pollution and mercury pollution.

You can read more reasons to support clean energy production over new investment in coal and other fossil fuels on the websites of the Iowa Environmental Council and the Union of Concerned Scientists.

Please sign the petition and forward the link to your like-minded friends.

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EPC moves to block two new CAFOs in Dallas County

cross-posted at La Vida Locavore

The Iowa legislature and state agencies have notoriously failed to do anything to address the pollution problems stemming from confined-animal feeding operations (CAFOs).

But the Environmental Protection Commission took one small step in the right direction:

The state Environmental Protection Commission today rejected previously approved permits for two large hog confinements in Dallas County.

The surprise move came after a two-hour meeting in Urbandale at which commissioners said rules drawn up to dictate approval of large-scale confinement permits leave out important environmental considerations and neighbors’ quality-of-life concerns.

“There are battle lines being drawn on this, and it creates a political situation that the Legislature cannot ignore,” commission chairman Henry Marquard said.

Only a handful of permits have been denied in Iowa, but rarely has one been turned down after it met approval from the Department of Natural Resources and passed a complicated scoring system adopted by counties, including Dallas.

The nine-member commission voted to block these permits on a strong 6-2 vote. I wouldn’t be surprised if the matter ends up in court, however.

Noneed4thneed wrote about the controversy over the new Dallas County CAFOs in late July:

The proposed hog confinements would have a total of 7,440 hogs in rural Dallas County, which is the fastest growing county in the state. These confinements will produce as much waste as a town of 30,000 people and it will go untreated.

Earlier this month, Dallas County Supervisors voted against allowing these proposed hog confinements, but in reality there isn’t much the local people can do about the hog confinements that will be owned by the out of state company, Cargill.

We need federal legislation to make CAFOs pay for the harm they cause, because our state legislature has shown itself to be unwilling to act to protect air and water quality in Iowa.

But in the absence of federal action, a state law giving counties “local control” (agricultural zoning rights) would at least offer some protection. Some county supervisors would rubber-stamp every proposed CAFO, but others would follow the lead of the Dallas County supervisors.

For all I know, Cargill will sue to reinstate their permits to open these hog confinements. But however this story ends, it’s good to see the majority of the Environmental Protection Commission’s members doing something to protect the environment.

UPDATE: I learned from the online newsletter of Iowa Citizens for Community Improvement that the Iowa Department of Natural Resources recently denied a permit for a different proposed CAFO.

Because of the efforts of CCI members and other local residents, the DNR recently denied a 4,900-head hog factory proposed for southern Appanoose County. The permit application did not meet legal requirements, nor did their master matrix pass muster. Although the applicant for this proposed confinement is a local resident, the 4,900 hogs would have been owned by Cargill. Cargill, one of the largest privately-held corporations in the world, has been behind a number of proposed factory farms around the state, including two proposed 7,440-head hog factories in northwest Dallas County.

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I remember when lying to Congress was a big deal

It’s hard to keep up with all the misconduct in the Bush administration. This week four Democratic senators called for the resignation of  Environmental Protection Agency Administrator Stephen L. Johnson. Evidence emerged that Johnson lied to Congress about why he denied California’s request for a waiver of the Clean Air Act last December. Two senators are also asking for a perjury investigation of Johnson. Click the link for more details and background.

California has adopted tougher emissions standards for cars and trucks, and other states have followed suit, but the standards cannot be implemented unless the EPA approves the waiver request. Iowa Attorney General Tom Miller and at least 18 other state attorneys general have joined California in suing the EPA over this issue.

I always laugh when Republicans who claim to be for states’ rights object when states try to impose stronger environmental standards than the federal government. But what Johnson did was worse than hypocrisy. In denying California’s waiver request, Johnson blocked state efforts to deal with pollution from motor vehicles, even though surface transportation is the second-largest contributor to U.S. greenhouse gas emissions.

You would think this scandal would warrant some media coverage, but I’d never have heard of this story if I hadn’t read about it on political blogs.

Drink tap water, but not from plastic bottles

The Des Moines Register published an editorial on Thursday urging readers not to buy bottled water:

“Iowa’s capital city ranked best on our list of U.S. cities with the cleanest drinking water. The insurance industry center and home of the Iowa Caucus had the second-lowest level of bacteria in its drinking water” and was among the best for the lowest levels of lead,” according to the report.

As summer approaches, this is yet another reason to avoid purchasing bottled water. A better option is getting a sturdy plastic bottle and refilling it at the tap – which is probably cleaner anyway. While bottled water may sit on the shelves for ages, the Des Moines Water Works conducts performance tests several times a day, according to interim general manager Randy Beavers. Bottled water is an environmental and financial hazard. The bottles are shipped thousands of miles across the country in gas-guzzling trucks. Most aren’t recycled or reused, but end up in landfills. While it’s nothing to drop a dollar or two on a bottle of water, tap water averages a fraction of a penny per gallon.

I agree with the general point about not buying bottled water.

However, it’s a very bad idea to keep refilling plastic bottles from the tap. I used to do that before I learned that chemicals can leach from the plastic to the water:

Reused Plastic Bottles Can Leach Toxic Chemicals

The same studies found that repeated re-use of such bottles-which get dinged up through normal wear and tear and while being washed-increases the chance that chemicals will leak out of the tiny cracks and crevices that develop over time. According to the Environment California Research & Policy Center, which reviewed 130 studies on the topic, BPA has been linked to breast and uterine cancer, an increased risk of miscarriage, and decreased testosterone levels.

BPA can also wreak havoc on children’s developing systems. (Parents beware: Most baby bottles and sippy cups are made with plastics containing BPA.) Most experts agree that the amount of BPA that could leach into food and drinks through normal handling is probably very small, but there are concerns about the cumulative effect of small doses.

Even Plastic Water and Soda Bottles Should Not Be Reused

Health advocates also recommend not reusing bottles made from plastic #1 (polyethylene terephthalate, also known as PET or PETE), including most disposable water, soda and juice bottles. According to The Green Guide, such bottles may be safe for one-time use, but re-use should be avoided because studies indicate they may leach DEHP-another probable human carcinogen-when they are in less-than-perfect condition.

[…]

Safe Reusable Bottles Do Exist

Safer choices include bottles crafted from safer HDPE (plastic #2), low-density polyethylene (LDPE, AKA plastic #4) or polypropylene (PP, or plastic #5). Aluminum bottles, such as those made by SIGG and sold in many natural food and natural product markets, and stainless steel water bottles are also safe choices and can be reused repeatedly and eventually recycled.

If you live in the Des Moines area, you can buy reusable SIGG bottles at Campbell’s (there is a coating on the inside so that the aluminum does not come into contact with what you are drinking). Otherwise, you can order SIGG bottles or other brands of safe reusable bottles at ReusableBags.com.

If you’ve got small children, I highly recommend getting non-plastic reusable sippy cups and water bottles for lunch bags. SIGG is a brand we’ve been happy with. They are not dishwasher-safe, which is a little inconvenient, but we feel better knowing that chemicals are not leaching into our children’s water.

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McCain shameful behavior roundup

It’s hard to keep up with all the reasons to oppose John McCain. Last night I wrote about his opposition to a bill that would make it easier for victims of job discrimination to seek legal redress.

If you care about that issue, you can sign the petition on “Equal Pay for Equal Work” at Momsrising.org.

Meanwhile, I learned from this diary by TomP that Friends of the Earth Action is running an ad against McCain on CNN. The ad highlights McCain’s support for the nuclear power industry:

TomP’s diary also includes this great quote from Friends of the Earth Action president Dr. Brent Blackwalder:

You know how self righteous John McCain can be when he talks about corporate pork and earmarks, but do you know why he opposes the Lieberman-Warner global warming bill?  He plans to vote against it not because it could lavish $1 trillion on the profitable oil, gas and coal industries, but because he wants to add hundreds of billions of dollars more in earmarks for the nuclear industry!

On a related note, I got an e-mail today from the Sierra Club slamming McCain’s proposal to suspend the federal gas tax between Memorial Day and Labor Day. The Sierra Club notes that the real effect of that policy would be to

[r]aise oil company profits by another 18 cents per gallon — by eliminating the federal gas tax without guaranteeing that Big Oil won’t just keep prices high and take the difference to grow their record profits even more.

The Sierra Club also has an online petition you can sign, which sends this message to McCain:

The best way to deal with high gas prices is to cut, not expand, giveaways to Big Oil. Please vote to end taxpayer-funded subsidies and tax breaks for Big Oil and use that money to invest in clean, renewable energy.

Earlier this week, I got the latest newsletter from Smart Growth America, which also blasted McCain’s proposal to declare a summer holiday from the federal gas tax:

An artificial and temporary reduction of gas prices will simply guarantee that absolutely no money goes towards having suitable roads and bridges for those filled-up cars to drive on – not to mention alternatives to congestion, like commuter rail and transit. Instead, we can send the full price of gasoline directly into the pockets of oil companies. (An estimated $10 billion in transportation revenue would be lost, or enough to fully fund Amtrak rail service for 6 years or so.) Meanwhile, we fall farther behind in maintaining our infrastructure: Rust doesn’t take the summer off.

But that’s not all. To coincide with McCain’s photo-op in New Orleans’ Ninth Ward today, Moveon.org Political Action launched its own online petition calling on McCain to reject the endorsement of right-wing pastor John Hagee. I knew about Hagee’s anti-Catholic bigotry, but I wasn’t aware that Hagee once said, “Hurricane Katrina was, in fact, the judgment of God against the city of New Orleans.”

Surely there couldn’t be any more shameful news about McCain to emerge within this 24-hour period, right? Wrong. I learned from Natasha Chart’s post at MyDD today that during a recent visit to Alabama, McCain’s campaign used free prison labor to get out of paying to set up for a private fundraiser.

I guess a campaign that is way behind its Democratic rivals in fundraising has to save money wherever it can.

But it would be more honest for McCain to curtail all campaign spending between now and the Republican National Convention this summer, because he is not complying with limits imposed by his decision to take public financing last year.

If I’ve missed any recent disgraceful behavior coming from the McCain camp, please let me know in the comments section.

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Governor Culver, please veto the odor-study bill

Our “effective” Democratic leaders in the Iowa House and Senate have pushed through the Livestock Odor Research and Air Modeling Study. The Senate passed the bill late last night.

Leigh Adcock of the Iowa Farmers Union explains why this is a “seriously flawed piece of legislation”:

Research has already been done on cost effective ways to mitigate odor.  Included are better siting methods, and the use of biofilters and covers on lagoons.  Iowa’s taxpayers should not be required to fund another round of studies on proven technologies when the legislature has not shown any willingness to act on the information already gathered from previous studies.  Instead we should require producers to implement what we already know.

Minnesota has enacted ambient air quality standards that limit hydrogen sulfide to 0.05 parts per million and is working on limiting ammonia emissions.   Missouri, Nebraska, and Colorado regulate sulfur emissions and emissions of other types.

[…]

Ammonia and hydrogen sulfide, two odor causing gases emitted from confined feedlot operations, are known to cause serious respiratory problems.

The bacteria found within particulates emitted from livestock operations create lung inflammation that leads to non-allergic asthma.  Twenty-five percent of those who work in confined feedlot operations have some form of respiratory disease, 10% higher than the United States working population as a whole.

Rekha Basu’s latest column for the Des Moines Register showed how many times the Iowa legislature has blocked action to alleviate the pollution caused by CAFOs.

Most of her examples come from the years when Republicans controlled both chambers of the legislature. It is discouraging to see that the livestock industry continues to trump public-health and environmental concerns even under Democratic control.

In the Iowa Senate, some lawmakers including Joe Bolkcom (D, Iowa City) offered good amendments, but those were rejected on a voice vote, so that we don’t even have a record of how individuals voted.

I do have the breakdown of how senators voted on the final version of the odor-study bill, and I’ve put that after the jump. It was not a party-line vote. If your senator voted against this waste of taxpayer money, please give him or her a call to say thanks.

I’m trying to dig up the final vote for the Iowa House as well and will update this diary with that information when I find it.

If I were an adviser to Governor Culver, I’d tell him to veto this bill. It’s the right thing to do on the merits. We simply don’t need more study of this problem. Spending $23 million over five years on more study wastes our money and kicks the can down the road. Using state funds to implement the measures that are working in other states would be a wiser use of taxpayer dollars.

The odor-study bill is a far cry from what the governor proposed to the legislature concerning this issue in January.

Finally, a veto would be cheered by environmentalists who are disappointed that the governor hasn’t made it a priority to push for local control over the siting of CAFOs (also known as agricultural zoning at the county level). Culver has said he is for local control, but he didn’t put much muscle behind that during the 2007 or 2008 legislative sessions.

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Action: Urge your senator to vote NO on odor-control bill

An action alert went out on the Iowa Sierra Club list this morning:

From: Lyle Krewson

Subject: HF2688 up for Senate debate

The Senate Majority Leader  gave the list of bills for today. It includes HF

2688, the Odor Control Bill–please contact your State Senator now!

We do have amendments being offered but no amendments were included during

House debate last week.

ACTION NEEDED:

We need you to contact your State Senator to vote NO on HF2688. Below is a

sample email that you may personalize–always be sure to include your name

and mailing address on an email to a Legislator.

You may find your Iowa State Senator by going to this weblink and using your

address or 9-digit ZIP code: http://www.legis.state.ia.us/F…

If you wish to call your State Senator, the switchboard # is: 515-281-3371.

The rest of the alert, which includes more details about this bill and some talking points for you to use, is after the jump.

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Register notes concern about Ankeny development on Superfund site

You couldn’t miss this front-page story in the Des Moines Register on Monday:

Plan to reshape Ankeny tackles troubled spots

City officials and developer DRA Properties are transforming a 1,031-acre World War II munitions plant site into a live-work-play development called Prairie Trail. They expect 10,000 people to move there by 2020.

To realize their new urbanist dream, however, the developer and others are working to eliminate concerns about the land, some of which has been designated as a Superfund site by the U.S. Environmental Protection Agency. It’s a designation the EPA gives to uncontrolled hazardous waste sites identified as risks to human health.

[…]

There are two primary environmental concerns within the development, said Iowa DNR and U.S. Environmental Protection Agency officials.

The most critical is the 38-acre parcel to be converted into a city park. The land was used as a landfill and industrial lagoon decades ago by the Army, John Deere and the city. The area is where production waste of mainly metal particles and oils was disposed. Spots within the site, including toxic sludge left in the old industrial lagoons, contain unsafe levels of metals such as lead, chromium, copper, arsenic, manganese and antimony, according to the EPA.

EPA officials said the metals will have to be put out of human contact. Under a proposed plan, that would be done by a combination of removing soil and sealing the ground with a thick plastic barrier and clay cap.

Today, one in 10,000 people has a chance of getting cancer from a lifetime’s worth of exposure at the site, EPA toxicologist Jeremy Johnson said. After the cleanup, he said, those odds will be one in 1 million. “Those cancer risks won’t be there,” he said.

The landfill and lagoon area is a Superfund site. It is not on the Superfund national priority list, which identifies the country’s worst hazards.

However, it is not known whether the site would qualify for the national priority list, said Gene Gunn, a branch chief in the EPA Superfund program. It is not being considered for the list, which is largely a designation for projects to receive federal money, because the parties responsible for the contamination have voluntarily agreed to pay for the cleanup.

“I wouldn’t be very concerned with it,” Gunn said of the site as it would be after the cleanup. “The action that’s going to take place there will leave it in a protective state.”

Under a draft proposal, a covenant on the land would prevent houses from being built on the lagoon and landfill site, and the groundwater near there would be monitored for 30 years.

The Prairie Trail development is a great concept: a mix of residential, retail and public space in the center of town, easily navigated by foot or bicycle for those who choose not to drive.

However, community activists were raising concerns two years ago about the potential for schools, parks and houses to be placed on contaminated ground. I wish the Register had given the story prominent coverage at that time.

I hope they do a good job cleaning up this site, but frankly, I would hesitate to buy a home anywhere near that lagoon or landfill.

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Iowa a major contributor to Gulf of Mexico "dead zone"

To our state’s shame, Iowa and other corn belt states are still the largest contributors to the “dead zone” in the Gulf of Mexico, according to a new study.

The logical thing would be to impose more regulations on the use of fertilizers and other farming practices that contribute to the problem. But don’t hold your breath for any movement on those issues at the statehouse. After all, Iowa is an agricultural state and anyone who doesn’t like it can leave in any of four directions.  

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