One of Arkansas’s most Important
Bird Areas, the Little River Bottoms in Hempstead County,
is under fire from the proposed construction of a coal-burning
power plant. An18,000 acre tract of contiguous, relatively
undisturbed bottomland hardwood forest, the Little River Bottoms
IBA is one of the most biologically diverse ecologically sensitive
areas in Arkansas. . Containing dozens of plant and animal
species of conservation concern, the Little River Bottoms
IBA provides habitat for thousands of wading birds who breed
there. It also shelters the state’s largest breeding
populations of Black-bellied Whistling-Ducks, Anhingas, White
Ibis, Common Moorhens, and Purple Gallinules. Southwestern
Electric Power Company (SWEPCO) wants to build a 600-megawatt
coal-fired power plant literally across the street. The plant
will produce 6 million tons of carbon dioxide, and also emit
sulfur dioxide, nitrogen oxides, and mercury – all of
which threaten the health of both birds and humans.
In October 2007, the Arkansas Public Service
Commission , after more than two weeks of hearings and expert
testimony on the plant’s construction, voted 2-1 to grant
a certificate of need to SWEPCO. The go ahead was given despite
deficiencies in the environmental review process and the multi-state
movement away from new coal-fired plants.
In early January 2008, an appeal for a
rehearing by the Intervenors was denied, again by a vote of
2-1. On January 29, the Intervenors, who include members of
nearby hunting clubs, filed before the Arkansas Court of Appeals.
Read
this article for more details. The Arkansas Department
of Environmental Quality(ADEQ) is still considering whether
to grant an air permit to SWEPCO.
On February 8, 2008 the DC Court of Appeals
ruled that new coal-fired power plants are subject to Maximum
Achievable Control Technology ("MACT") regulations
for hazardous air pollutant emissions under section 112 of
the Clean Air Act. This decision over-turns the Bush Administration's
exemption for coal plants. In response, on April 9 SWEPCO
submitted an application to ADEQ for a case-by-case analysis
of emissions of hazardous air pollutants including, but not
limited to, arsenic, benzene, cyanide, dioxins, hydrogen chloride,
hydrogen fluoride, mercury, phosphorous, selenium, and sulfuric
acid. Unfortunately, their analysis is deficient in several
ways and does not meet the standards of a MACT analysis. In
addition, Audubon and Sierra Club believe the MACT analysis
requires public notice and a public comment period on the
draft permit. Read our letter
to Teresa Marks, Director of ADEQ, explaining our concerns.
Audubon Arkansas is working on several
fronts to protect the Little River Bottoms and its birds.
We are conducting bird surveys to document species of conservation
concern. Our bird data were incorporated into expert
testimony (11.3 MB PDF) submitted to the PSC. We’ve
also submitted comments
to ADEQ and Governor Beebe. Working with the Sierra
Club, Audubon Arkansas is spearheading a grassroots movement
against coal-generated electricity and greenhouse gas production
in Arkansas.
On February 6, 2008 the Arkansas Coalition
for Clean Energy (which includes Audubon and Sierra Club),
delivered a letter and petition signed by 1,054 people asking
Beebe to halt any permits for coal plants while the Global
Warming Commission he appointed completes its work. The petition
was the first batch and we hope to add many more signatures.
On February 8, 2008 Audubon Arkansas and
Sierra Club filed two Petitions to Intervene before the Arkansas
Public Service Commission. These petitions challenge the environmental
compatibility and public need for the construction of two
transmission lines needed to distribute power from the proposed
coal-fired plant. Read the two petitions online - Petition
to Intervene 1 (pdf) and, Petition
to Intervene 2 (pdf).
In May, 2008, Audubon Arkansas, Sierra
Club, and the Environmental Integrity Project filed a Third
Party Rulemaking Petition before the Arkansas Pollution Control
and Ecology Commission (APC&E). The APC&E will hear
the petition request on Friday, June 27th at 8:30 a.m. The
petition requests the Commission to delete carbon dioxide,
a greenhouse gas, from a list of exempt elements and compounds
not subject to regulation. The reason for this request is
that we have learned in the last few years that carbon dioxide
is a significant greenhouse gas and is primarily responsible
for rising global temperatures. The Audubon petition does
not propose limits or standards for regulating carbon dioxide.
The petition merely says that carbon dioxide should be removed
from the list. In a recent US Supreme Court decision, Mass
vs. EPA, the Supreme Court ruled that carbon dioxide is a
pollutant and should be subject to regulation as other known
pollutants. Our filings to the Commission can be found here.
September 18th, 2008
The Arkansas Department of Environmental Quality held a public
hearing in Hope regarding the air quality permit for SWEPCO’s
proposed John W. Turk coal-fired plant. Over 40 concerned
citizens were present who openly opposed the plant. Citizens
made public comments to ADEQ and over 30 voiced concerns regarding
the plant’s emission of toxins such as mercury. Audubon
Arkansas was proud to bring 13 volunteers down to the event
from Little Rock. The issues raised at the hearing included
wildlife, health care, economics, and federal policy.
September 23rd, 2008
Ilan Levin, counsel for the Environmental Integrity Project
submitted expert
testimony on behalf of Audubon Arkansas and Sierra Club
to ADEQ regarding the Turk plant’s air permit. In the
testimony Mr. Levin highlighted ADEQ’s duty to require
the plant to use the Maximum Available Control Technology
in regards to controlling all toxin emissions. It is required
under the Clean Air Act and backed recently by a Washington
D.C. Circuit Court ruling.
September 25th, 2008
Audubon Arkansas was present at the State Capital when the
Governor’s Commission on Global Warming voted to recommend
a moratorium on coal-fired plants in Arkansas. The recommendation
specified that Arkansas should halt production of any additional
coal-fired plants, including the proposed Turk Plant in Hempstead
County, until 2020. The Commission hopes that by that time
carbon sequestration technology will have improved. On October
31st the Commission will present its recommendation to Governor
Beebe.
September 26th, 2008
Audubon Arkansas released its first educational YouTube video,
No New Coal for Arkansas. Audubon hopes to educate
the public not only of the health impacts of coal-fired plants
but also the impact it will have on local bird populations.
The video has received praise from across the country and
has been featured in related blogs and websites in hopes to
raise awareness of this issue to a larger national audience.
November 26th, 2008 Ilan Levin filed an appeal on the Turk Plant air permit to the
Arkansas Pollution Control and Ecology Commission on behalf of
Audubon Arkansas and Arkansas Sierra Club. The APCEC is the
appeals board for the Arkansas Department of Environmental
Quality who issued the permit. Once the appeal was submitted
the plant’s construction was legally forced to stop until after
appeal proceedings. Unfortunately, a week later the APCEC
approved a lift on the stay on construction. Audubon Arkansas
publicly spoke out against this decision. The appeal process
could take around four months to complete.
December 9th, 2008
Audubon Arkansas joined the Ecological Conservation Organization
(ECO) and the Arkansas Sierra Club in a press conference at the
State Capital to present over 3,700 petition signatures to
Governor Beebe. The petition called for the Governor to place
a moratorium on coal plants. At the press conference State
Director Ken Smith spoke about the environmental impact the
Turk plant would have on the neighboring Little River Bottoms.
Afterwards all three organizations met with the Governor to
discuss the issue.
WHAT YOU CAN DO
Contribute to Audubon Arkansas’
Little River Bottoms Defense Fund using a credit
card, or by mailing a check payable to: Audubon Arkansas,
in care of Audubon, 1423B South Main St., Little
Rock, AR 72201.
Write a letter to Governor Mike Beebe asking him to make
good on his promise to err on the side of the environment.
You can e-mail him here or write to Governor's Office, State Capitol Rm 250, Little Rock, Arkansas 72201
Sign up with AudubonAction and receive e-mailed Action Alerts and Advisories regarding environmental policy issues that directly affect you.
Now in its second century,
Audubon is dedicated to protecting birds and other wildlife
and the habitat that supports them. Our national network of
community-based nature centers and chapters, scientific and
educational programs, and advocacy on behalf of areas sustaining
important bird populations, engage millions of people of all
ages and backgrounds in conservation.
Audubon Arkansas was
founded as the 25th state office of the National Audubon Society
in 2001 through a seed grant from the Winthrop Rockefeller
Charitable Trust. Audubon’s vision is a state where
the love and respect for nature is a cultural legacy. Our
vision is a state where communities are engaged in responsible
stewardship, protecting and conserving our native environment
for future generations. This leads naturally to our mission
to inspire and lead Arkansans in environmental education,
resource management, habitat restoration, bird conservation
and enlightened advocacy.
