Travis County Commissioners Court
December 12, 2006
Item A1
Now, we do have a matter that we need to try to call up because if we are going to act on it favorably, we need for the court to sign the document and get it to -- to the justice department this afternoon. And that is a 1. A1. Consider and take appropriate action on request for Travis County to submit comments on department of justice proposal regarding the clean air act consent decree with alcoa, inc. And related issues. Good morning.
>> good morning, judge Biscoe, members of the Commissioners court. Thank you for agreeing to take this item up a little bit early. My name is john white, the environment tall quality program -- environmental quality program manager for t.n.r. With me is adell noel or quality program. The u.s. Department of justice published in the federal register a proposed stipulated order to proposed violations of the 2003 clean act consent degree with alcoa regarding three coal fired plants at the rockdale facility. Part of this agreement were the federal government, alcoa, txu which offered to step in and build the replacement power plant called for by the agreement with alcoa, the original agreement, the proposed agreement that's on the table right now includes? -- some penalties, modified schedule for construction of the replacement power station, a slightly modified emission parameters under the consent decree. There's a 20 day comment period which is -- which is expiring today, which is why we need to get this item addressed early today if we can. With me today again is -- is adel noel, following all of the issues related to the coal fired power plants very closely. She is going to give you a bit of a background on the issues pertaining to the alcoa specific case, some overview of the air quality implications of this proposed stipulated order. The implications for air quality in Travis County and a summary of the proposed comment letter that we have prepared in our -- and are asking for the court to adopt.
>> back in the 1980s, alcoa modified three out of their four power plants without first attaining a permit. As a result there was a lawsuit brought on by environmental defense, public citizens and neighbors are neighbors. In the lawsuit as part of this they decide upon a consent decree in July of 2003. Part of the consent decree was they had to shut down the three power plant units or retrofit the three existing ones, or totally replace the three units. As well as pay numerous penalties. Alcoa announced that they plan to build new power plants. The three new units. They, however, have been behind in construction and cannot meet that April 2007 deadline as outlined in the consent decree. Txu stepped in. Txu owns the fourth unit out there at the facility. And offered to replace the three units with one large unit. Using alcoa's current permit limits. The u.s. District court in October said no, that they were not agreeing to the stipulation. But txu needed to abide by the original consent decree. Txu and alcoa went to the department of justice. The department of justice agreed to new stipulations, pay a fine, basically $1,000 per day until txu's new unit is operational. Shut council the three units and build one using the existing alcoa permit. Reduce emissions by 20%. This the -- the stipulation was agreed to without the input of the three groups that originally led the lawsuit. These new stipulations would have a grave impact on the air quality in Travis County. It's important to note that alcoa plant is less than 65 miles from the center of Austin to the center of rockdale. In this emissions from these new power plants are much more dirtier than the cleanest plant that is being built now. For example, five times more nox would be spewed, 12 times the amount of sulfur dioxide, two times the amount of mercury. The Austin area is already close to non-at tapement. The current design value is at 82 parts per billion. Travis County has enacted measures to make sure we maintain our standards. Txu
>> [indiscernible] build a new facility that threatens the air quality in our area. This letter simply requests the department of justice to consider their stipulations and to require txu to build a new plant with the newer permit.
>> that's why I move approval.
>> second.
>> this came to our attention last week in a clean air force meeting. This plant would be dirtier than the other 19 proposed for construction.
>> correct.
>> discussion? Questions?
>> judge
>> [indiscernible]
>> okay.
>> can you tell me the time line -- now, it appeared that the court is going to support this motion, but what are the time lines of this action that the court is going to take place to -- that's going to happen today? Can you give me a -- a chronological type of -- of events that will -- what's next and then what's after that as far as dealing with the department of justice? After the court acts?
>> if I'm understanding you correctly, the deadline for comments is today at 5:00 p.m. If the department --
>> 5:00 p.m.
>> yes, today.
>> all right. The department of justice filed these stipulations on November the 20th of 2006. Originally did not get an opportunity for comments. Based upon public outcry, they decided they would give 20 days for public comments. If the department of justice receives enough compelling comments they could rescind these stipulations. I do not know their time line of when they have to act upon that.
>> okay. That's what I was trying to get to. When would they actually hear this again to make a decision from the comments that -- that -- of being made from -- from I guess are we the only source that -- that Travis County, are we the only county or don't governmental entity that -- the only governmental recent tee that are making -- making decisions in this particular regard.
>> no, sir, there are several legislators signing a letter as well as the clean air force board. And as well as the camp co and capcog.
>> thank you.
>> but not the city of Austin.
>> not the city of Austin?
>> I have not heard about the city of Austin.
>> they ought to.
>> yeah, but this is not -- the city of Austin this is the -- this is a different issue much I don't know whether the city --
>> [multiple voices]
>> it's getting involved --
>> city of Austin is having difficulty with --
>> all in favor of the motion? That passes by unanimous vote.
>> thank you.
>> you all can sign the record, we will get to --
>> [multiple voices] fax it. Thank you very much.
>> I would like to have a copy of that order after signature from the court.
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Last Modified:
Wednesday, December 13, 2006 10:35 AM