March, 08 2023, 03:08pm EDT
EPA Proposes Improved Wastewater Treatment Standards for Coal-fired Power Plants
A legal victory decades in the making, the EPA will require modern wastewater treatment at all remaining coal-fired plants
Today, the Environmental Protection Agency (EPA) proposed new, more stringent wastewater treatment standards for coal-fired power plants that will require substantial reductions in the amount of toxic wastewater containing arsenic, mercury, and other pollutants that they are allowed to dump into U.S. waterways. The effluent limitation guidelines (ELGs), which apply to every U.S. power plant that burns coal, require coal-fired plants to install modern technology to manage wastewater. According to EPA, today’s proposed rule would prevent over 584 million pounds of pollutants from being discharged into U.S. waterways each year.
“For decades, the power industry did little to protect communities from their toxic wastewater,” said Earthjustice President Abigail Dillen. “This Administration is strengthening protections for our health and our waters and beginning to address the disproportionate toxic legacy of burning coal. We are encouraged to see strong standards from the EPA, and we urge the Administration to require utilities to clean up their pollution as quickly as possible.”
EPA also announced today that it would provide coal plant owners with a new opportunity to declare that they intend to retire or stop burning coal by 2028 to avoid installing improved pollution controls. Since 2020, the utility owners of dozens of aging, uneconomic coal power plants have announced that they will retire the plants by 2028. EPA also announced today, however, that some plants that have already installed less effective treatment technologies may be allowed to continue operating until 2032 without installing the best available technologies, and that other plants may be able to delay until December 2029 to meet the new standards.
“This rule will finally force the power industry to do what it should have done decades ago, requiring coal-burning plants to either use cost-effective wastewater treatment technologies that are already used by many other industries, or stop burning coal altogether,” said Thom Cmar, senior attorney with Earthjustice. “We urge EPA to finalize the strongest rule possible as quickly as possible, so that power companies will no longer be allowed to profit off of treating our waterways like an open sewer for toxic pollutants that threaten human health and degrade our environment. Power plants have already had many years to comply with these standards, and should not be allowed to wait until the end of this decade.”
Today the EPA also proposed new treatment standards (page 91) for leachate from power plant coal ash disposal sites. These standards are a result of a court victory won by Earthjustice and partner groups in 2019, when the U.S. Court of Appeals for the Fifth Circuit struck down a prior attempt by EPA to exempt these wastestreams from more stringent discharge limits. EPA declined to propose a single national standard for legacy wastewater from coal ash impoundments.
The toxic pollutants in coal ash can cause cancer, heart disease, reproductive failure, and stroke, and can inflict lasting brain damage on children. Nationwide, communities of color and low-income communities are disproportionately burdened by coal ash pollution and its health threats. Earthjustice urges the EPA to follow through on its suggestion to hold public meetings in affected communities across the U.S. Comments will be accepted for 60 days after the date that the rule is formally published in the Federal Register.
Background
Even though the Clean Water Act requires polluters to use the most modern and effective pollution control technology available to treat wastewater, prior to 2015 most coal plants had no limits on toxic pollutants commonly found in their wastewater discharges.
Arsenic, boron, cadmium, lead, mercury, and selenium from coal-fired plants polluted water bodies supplying drinking water to millions of people across the United States. Coal plants use scrubbers to remove mercury, sulfur dioxide and other substances from smokestacks, but that toxic waste was often just stored onsite with other coal ash, where it could overflow or leach into rivers and groundwater. Historically, coal power plants often used leaking, unlined pits to manage these flows of polluted water, many of which are still in use today, and were allowed to dump this waste into nearby lakes, rivers, and streams.
In 2015, in response to an Earthjustice suit filed in 2010, the Obama administration revised the wastewater standards for the first time in decades. Power plants were required to install state-of-the-art wastewater treatment technology and monitor local water quality. But then-EPA Administrator Andrew Wheeler — a former coal lobbyist —finalized a weaker rule in 2020 that pushed back compliance dates and exempted some power plants, while rolling back necessary treatment technologies to let older coal-fired plants keep burning.
Municipal drinking water utilities across the country have also pressed the EPA to ensure strong guidelines to control discharges of toxic chemicals, including bromides, which can increase the creation of carcinogenic compounds in treated drinking water.
Today’s proposed rule comes in response to a 2020 lawsuit challenging that weakening of the rules, which Earthjustice filed on behalf of the Center for Biological Diversity, Clean Water Action, Natural Resources Defense Council, Sierra Club, and Waterkeeper Alliance, in partnership with Environmental Integrity Project, the Southern Environmental Law Center, and additional groups.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
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Container Ship That Destroyed Baltimore Bridge Has Troubled History
The Maersk-chartered MV Dali—which lost propulsion just before the collision—not only was involved in a previous crash, but was also briefly detained last year over problems with its propulsion system.
Mar 26, 2024
The mega-container ship that lost propulsion before toppling Baltimore's Francis Scott Key Bridge in a Tuesday morning collision was involved in a previous crash, and was cited last year for propulsion-related problems.
Newsweekreported that the Maersk Line Limited-chartered MV Dali—which crashed into the Interstate 695 Patapsco River crossing just before 1:30 am, causing the span to collapse and sending a construction crew into the water—collided with a wall in the harbor at Antwerp, Belgium in 2016. The accident, which was reported by Vessel Finder and other outlets at the time, was attributed to errors made by the ship's master and pilot.
The 9-year-old Dali was also detained by port officials in San Antonio, Chile last June after inspectors discovered a problem related to the vessel's "propulsion and auxiliary machinery," according toThe Washington Post, which cited records from the intergovernmental shipping regulator Tokyo MOU.
The ship's owner, Grace Ocean Private Ltd., and operator, Synergy Marine, "have been sued at least four times in U.S. federal court on allegations of negligence and other claims tied to worker injuries on other ships owned and operated by the Singapore-based companies," according toThe Associated Press.
Maersk was also sanctioned last year by the U.S. Labor Department for allegedly stopping employees from reporting safety concerns, documents published by The Lever revealed.
According to a July 14, 2023 Labor Department letter to Maersk regarding an Occupational Safety and Health Administration investigation, the Danish company "suspended and then terminated" a worker "in retaliation for reporting unsafe conditions and contacting the U.S. Coast Guard."
The fired employee "engaged in numerous protected activities" including reporting a leak and the need for repairs to a ship's cargo hold bilge system, alcohol use aboard the vessel by crew members, and inoperable equipment including an emergency fire pump and lifeboat block and releasing gear.
The search for six construction workers who were on the bridge when it collapsed into the river was suspended until Wednesday, according toThe Associated Press. The workers are presumed dead by their employer, Brawner Builders. Local media reported that multiple vehicles plunged into the river and that two workers—one of whom was briefly hospitalized—were rescued from the water.
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Pentagon Urged to Just Say No to AI-Powered Killer Robots
"The Department of Defense should declare its opposition to the development and deployment of autonomous weapons."
Mar 26, 2024
The watchdog group Public Citizen on Tuesday led a letter urging Pentagon leaders "to clarify that the Replicator Initiative will not involve the development and deployment of autonomous weapons systems," also known as "killer robots."
Last September, U.S. Deputy Secretary of Defense Kathleen Hicks "asserted that the development of all-domain, attributable autonomy systems (ADA2) is an essential way for the Pentagon to maintain its comparative cutting-edge and keep up with the technological advancements of other states," notes the letter, which was addressed to her and Defense Secretary Lloyd Austin.
"However, those comments failed to specify whether or not supporting autonomous weapons systems is one of the key focuses of this initiative," the letter stresses. "When addressing whether or not 'ADA2 means weapons systems,' Secretary Hicks stated: 'That's a serious question to be sure. They are not synonymous. There are many applications for ADA2 systems beyond delivering weapons effects.'"
"Autonomous weapons are inherently dehumanizing and unethical, no matter whether a human is 'ultimately' responsible for the use of force or not."
Public Citizen and the 13 other organizations argued that "this is no place for strategic ambiguity. Autonomous weapons are inherently dehumanizing and unethical, no matter whether a human is 'ultimately' responsible for the use of force or not."
Deploying lethal weapons that rely on artificial intelligence (AI) "in battlefield conditions necessarily means inserting them into novel conditions for which they have not been programmed, an invitation for disastrous outcomes," the groups warned. "'Swarms' of the sort envisioned by Replicator pose even heightened risks, because of the unpredictability of how autonomous systems will function in a network. And the mere ambiguity of the U.S. position on autonomous weapons risks spurring a catastrophic arms race."
"We believe the Department of Defense should declare its opposition to the development and deployment of autonomous weapons," the coalition concluded. "However, even if you are not prepared to make that declaration, we strongly urge you to clarify that the Replicator Initiative will not employ autonomous weapons."
In addition to Public Citizen, the coalition included the American Friends Service Committee, Autistic Women & Nonbinary Network, Backbone Campaign, Demand Progress Education Fund, Fight for the Future, Future of Life, National Priorities Project at the Institute for Policy Studies, RootsAction.org, United Church of Christ, the Value Alliance, Women's International League for Peace and Freedom U.S., Win Without War, and World Beyond War.
The letter comes on the heels of Public Citizen releasing a report about the rise of killer robots, AI Joe: The Dangers of Artificial Intelligence and the Military.
The February report addresses the Pentagon's AI policy, the dangers of killer robots, the need to ensure decisions about nuclear weapons aren't made by automated systems, how artificial intelligence can increase not diminish the use of violence, risks of using deepfakes on the battlefield, and how AI startups are seeking government contracts.
The publication concludes with recommendations that Public Citizen president Robert Weissman echoed in a statement Tuesday.
"The United States should state plainly that it will not create or deploy killer robots and should work to advance global treaty negotiations to ban such weapons," Weissman said. "At minimum, the United States should commit that the Replicator Initiative will not involve the use of autonomous weapons."
"Ambiguity about the Replicator program essentially ensures a catastrophic arms race over autonomous weapons," he added. "That's a race in which all of humanity is the loser."
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12 Palestinians Drown Trying to Retrieve Airdropped Gaza Aid From Sea
One campaigner called the incident "another deadly example of why airdrops are not the answer to famine in Gaza."
Mar 26, 2024
Human rights defenders on Tuesday pointed to the drowning deaths of 12 Palestinians trying to retrieve humanitarian aid parcels airdropped off the Gaza shore as yet another reason why Israel must stop blocking aid from entering the embattled strip by land.
Video published on social media shows Palestinians running toward the Mediterranean Sea in Beit Lahia as aid parcels parachute downward. Eyewitness Abu Mohammad toldCNN that the people who drowned "don't know how to swim."
"There were strong currents and all the parachutes fell in the water," Mohammad said. "People want to eat and are hungry. I haven't been able to receive anything."
Ramy Abdu, chair of the Geneva-based group Euro-Mediterranean Human Rights Monitor, said that some of the victims died after becoming entangled in parachute ropes.
BREAKING| 9 Palestinians drowned and 5 others missing in the Sea of Gaza while trying to get humanitarian airdrop aid due to falling into the sea. pic.twitter.com/tSPpbrKsTg
— PALESTINE ONLINE 🇵🇸 (@OnlinePalEng) March 26, 2024
According to the U.S. military—which along with Jordan, the United Arab Emirates, Egypt, Germany, the United Kingdom, and Singapore has been airdropping aid into Gaza—parachute malfunctions caused three of the 80 parcels dropped to land in the sea. The Pentagon did not say which country carried out the drop.
Earlier this month, five children were crushed to death and numerous other Palestinians were injured by U.S.-airdropped parcels on which the parachutes apparently malfunctioned.
The airdrops come amid widespread and increasingly deadly starvation in Gaza, where Israeli forces have been accused of using hunger as a weapon of war. Last month, Michael Fakhri, the United Nations special rapporteur on the right to food, called Israel's forced starvation of Gazans part of "a situation of genocide" in the besieged enclave, where more than 114,000 Palestinians have been killed or wounded by Israeli forces since October 7 and around 2 million people out of a population of 2.3 million have been forcibly displaced.
While Israel claims there are no limits on aid entering Gaza by land, Israeli officials said Monday that United Nations Relief and Works Agency for Palestine Refugees in the Near East trucks would be blocked from entering northern Gaza. Israeli forces have repeatedly attacked aid convoys and their police escorts, forcing UNRWA to suspend humanitarian deliveries.
Israeli forces have also on several occasions attacked starving Palestinians as they desperately attempt to get food for their families, including in the February 29 "
Flour Massacre" that left more than 870 Gazans dead or wounded.
Also blocking humanitarian aid from reaching starving Palestinians are Israeli civilians who have camped at border crossings to prevent convoys from entering Gaza. Last month, right-wing extremists set up a giant inflatable children's bouncy castle where aid trucks are meant to pass through the Kerem Shalom border crossing in an effort to lend a festive atmosphere to the action.
Medical Aid for Palestinians, a London-based humanitarian group, said Tuesday that "airdrops will not end famine and are a dangerous proposed 'solution.'"
Palestinians in Gaza expressed similar sentiments.
"We call for the opening of the crossings in a proper fashion," Mohammad told CNN, "but these humiliating methods are not acceptable."
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