A Response from the EPA to Luminant!

The EPA responded to Luminant's issued press release on September 11, 2011.  In response the EPA stated that:

"The Cross State Air Pollution Rule (CSAPR) will prevent tens of thousands of premature deaths and thousands of asthma attacks by ensuring Americans do not have to breathe pollution emitted by facilities in other states."

EPA stated that prior to announcing this rule, the EPA did extensive outreach to industry to ensure that there were several compliance options and that they were for weeks, working specifically with Luminant to make sure that they had options to meet these standards.  EPA stated that they offered to share additional information that would show the potential for a no-shut down, no-layoff solution for statewide compliance.  EPA is saying that Luminant leadership is rushing to a decision that needlessly puts their workers' jobs at risk.

A copy of a letter to Mr. David Campbell (CEO of Luminant) from the EPA is located here:

http://www.epa.gov/region6/6xa/pdf/david_campbell_letter_091111.pdf


Let's talk about this Cross-State Air Pollution Rule.

First and foremost, this rule replaces the 2005 Clean Air Interstate Rule.  CSAPR was was finalized on July 6, 2011.  A brief overview of this is, CSAPR requires 27 states to significantly improve air quality by reducing power plant emissions that contribute to ozone and/or fine particle pollution in other states.  (Come on Texas...you knew that this was going to apply to you....)

This rule requires significant reductions in sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions that cross state lines.  Emission reduction take effect January 1, 2012 for SO2 and annual NOx reductions and May 1, 2012 for ozone season NOx reductions.  By 2014, the CSAPR will reduce power plant SO2 emission by 73% and NOx emission by 54% from 2005 levels in CSAPR regions.

While the EPA did more fast (in EPA standards) on this, it seems that no one was really caught unaware. 

Here is a link to the Federal Register:

http://www.gpo.gov/fdsys/pkg/FR-2011-08-08/pdf/2011-17600.pdf

and here a link with a little more history of this rule.  EPA has a nice powerpoint presentation about it:

http://www.epa.gov/crossstaterule/actions.html

Back to Luminant now:

Luminant filed suit against the EPA based on reading their press release:

http://www.luminant.com/news/newsrel/detail.aspx?prid=1218

Luminant's suit seeks to invalidate the CSAPR as to Texas.  They have also presented an Operational Response plan.  The CSAPR  will cause Lumiant to alter/idle the operations at the Monticello Power Plan and supporting Thermo and Winfield mines in northeast Texas and at Big Brown Power Plant and its supporting mine in Freestone County, Texas.  Check out the link for details.

What do you think about this?

Loren Steffy, Houston Chronicle stated in an article located at the below link:( http://www.chron.com/business/steffy/article/Steffy-Don-t-blame-EPA-over-Luminant-woes-2169208.php)

"They are pawns in the ongoing charade of Texas' deregulated electricity market, which already has left generators financially weakened and consumers worrying about blackouts"

Steffy also calls the TCEQ "loving lapdog of polluters".  Loren, that might have been a bit over kill.  Obviously Mr. Steffy doesn't care for the TCEQ.

Other columnist have also commented on this, such as Puneet Kollipara (http://www.mysanantonio.com/living_green_sa/article/Grid-official-Texas-electric-utilities-not-ready-2171465.php)

and Glenn Evans (http://www.mysanantonio.com/living_green_sa/article/Grid-official-Texas-electric-utilities-not-ready-2171465.php).

And Gov. Rick Perry: 
http://governor.state.tx.us/news/press-release/16589/

except Perry blames the Obama Administration overall.

It's going to be one hell of a fight.  I'm not sure where I stand on this yet.  Do you?  What do you think?