Chairman Bryan Shaw, Ph.D.
Commissioner Buddy Garcia
In a completely un-shocking and saddening display of administrative arrogance, the Texas Commission on Environmental Quality (TCEQ) commissioners Bryan Shaw and Buddy Garcia granted an air permit for the proposed Las Brisas coal plant. Commissioner Carlos Rubinstein abstained from voting due to being briefed on the permit when he previously served as deputy executive director.
The two commissioners who voted to approve the permit did so despite the fact that this permit has been recommended against twice by the State Office of Administrative Hearings (SOAH) judges who presided over the contested case hearing and deliberated for months on the specifics.
Again today at the TCEQ hearing both judges recommended against issuance of the permit, and the TCEQ’s own Office of Public Interest Council also recommended denial of the permit.
In addition there were lawyers speaking for the thousands of members of the Clean Economy Coalition (based in Corpus Christi where the Las Brisas plant is proposed), Sierra Club, and EDF, all of whom are against issuance of this permit. But after only 45 minutes of testimony during the public hearing, TCEQ Chairman Bryan Shaw recommended granting the permit application stating that he didn’t believe the merits of the facts before the commission would require or warrant (the state agency to remand it), based on his understanding of the rules in place.
Earlier this week, the EPA had asked the Texas commission to not issue the permit until the two agencies could work together to resolve various issues, stating that they were concerned about a lack of consultation with them and that the plant could violate federal clean air standards. They further wrote that they had “strong concerns about the public health and environmental impacts” the plant would pose.
Commissioner Shaw said the EPA’s letter could not be considered because it was not part of the official record of Wednesday’s proceeding so it had no impact on their decision.
This permit is illegal, and the TCEQ commissioners have broken both federal (Clean Air Act) law as well as Texas law in granting it. The EPA also now requires greenhouse gas permitting for any new facilities permitted after January 1, 2011 – but the TCEQ commissioners wouldn’t consider any comments regarding this important factor. Still, Las Brisas will need to acquire such a permit from the EPA before they can begin construction, much less operation, of their proposed coal plant.
The facts in this case are clear. The permit does not meet the minimum standards necessary to protect human health and the environment, and the people who have actually investigated the particulars of this case have consistently and continually recommended against this permit.
Nevertheless, those who have the power to make the decision (the TCEQ commissioners) continue, as they have in the other coal plant cases, to ignore the concerns of the public, the medical communities, environmental groups, and even their own staff. Instead they make these permitting decisions based on politics and act as a rubber stamp for pollution.
TCEQ is up for “sunset” review at the Texas legislature this year. When asked at the Texas Sunset Advisory Commission hearing if the TCEQ had the authority to deny a permit, they answered yes, but given the history of new coal plant permits approved over the past decade, one would be hard pressed to determine what, if any, criteria would cause the state agency to exercise their authority.
In the months leading up to this decision, citizens from around the state have been letting the Sunset Commission know that they believed the TCEQ was broken, and they believe the agency that is supposed to protect our health and environment does the opposite.
The CEC and other people closely affected by this plant are outraged at this decision, but the whole state of Texas needs to be.
Although Las Brisas is the worst of the most recent coal plant permits to be issued by TCEQ there have been other, deficient coal plant permits granted within the last few months throughout Texas near Bay City, Sweetwater, and Victoria.
Please call your Texas legislator and ask them to ensure that TCEQ Commissioners will have to follow the decisions of the administrative judges who rule on these cases, instead of simply ignoring their concerns and the concerns of the public.
Related Articles
- Residents demand TCEQ get tougher on pollution (chron.com)
- Despite pollution worries, Texas builds coal plants. (texastribune.org)
- Mysa.com: TCEQ a no-show at EPA hearing (mysanantonio.com)
- Audit of Texas environmental agency to be released (seattletimes.nwsource.com)
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Chairman Shaw and Commissioner Garcia,
What are you thinking by approving the Las Brisas Energy Center? This reeks of corruption.
Mr. Shaw the Statesman quotes you saying, “I don’t believe the merits of the facts before us would require or warrant (the state agency to remand it), based on my understanding of the rules in place.” This clearly illustrates that you have no understanding of the rules in place that prevent Texas from being in compliance with EPA standards.
These federal standards are in place for a reason (and really aren’t all that fierce). We cannot go on supporting the use of fossil fuels for many reasons. Have you seen a mountain top that has been removed to access coal first-hand? It looks like a giant cancerous sore on Earth. It is heart wrenching to see and it won’t grow back.
Besides contributing to global climate change, the burning of coal creates a bi-product of mercury (and other heavy metals) which is released into the atmosphere and eventually settles back down to Earth poisoning our oceans, rivers, soil, and the air we breathe.
If you don’t understand the rules that are in place to protect us, maybe you should not be in the position to make such decisions. I ask you to please overturn this dangerous decision.
My understanding is that the GHG permitting applies only to facilities undergoing major renovation and would emit more than 75,000 tons/CO2e until June or July, when new facilities that would emit over 100,000 tons CO2e would be subject to it.
I wrote a little about it here: http://www.eesi.org/epa-begins-greenhouse-gas-permit-program-18-jan-2011
Take a look at the EPA timeline and guideline links too.
Matt: I’m not sure what the specifics are about what’s happening in July, but the EPA is definitely making any NSR permits after Jan 1 get a GHG permit as well. Mostly this is the case because Texas refused to regulate ghg’s and so the EPA stepped in and took over that regulation themselves.
This is why the last few coal plant permits have all been rushed through in November and December (White Stallion, Tenaska). The TCEQ tried very hard to get Las Brisas permitted before the new year as well, but all our efforts to counter that paid off and delayed at least this permit past the January deadline.
Ryan, I guess the EPA timeline is a little misleading. Take a look:
http://www.epa.gov/nsr/documents/20100413timeline.pdf
[...] at TexasVox asks “Where’s the outrage?” from TCEQ approving another polluting power plant despite local opposition, warnings from the EPA, and rulings from two SOAH hearings, this time the [...]
[...] at TexasVox asks “Where’s the outrage?” from TCEQ approving another polluting power plant despite local opposition, warnings from the EPA, and rulings from two SOAH hearings, this time the [...]
It’s very sad that state authorities ignoring impact made by their decision for human race and environment. Their behaviour is absurd. What do they expect of that? Why are they acting like that? They probably don’t consider about other consequences that it can bring in the future. Sad, very sad…
[...] at TexasVox asks “Where’s the outrage?” from TCEQ approving another polluting power plant despite local opposition, warnings from the EPA, and rulings from two SOAH hearings. The facility is [...]