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Archive for the ‘Air Quality’ Category

Texas oil and gas officials will plead with House Appropriations Committee members next week that the industry needs its $1.2 billion annual tax break, more than children need fully funded schools or the elderly need nursing homes to stay open.

The committee will take testimony on April 14 from industry representatives and others on the controversial tax break for producing “high-cost” shale gas. The tax incentive has been for a controversial drilling method known as fracking in which rock formations are broken with high-pressure water injections. It has come under fire in recent weeks as lawmakers grapple with a budget shortfall estimated at $27 billion.

As it would happen, Public Citizen will be participating in a press conference that same morning of Thu Apr 14, at 10am, on the South Capitol steps, with great folks actually living up on the Barnett Shale and who have been documenting the health impacts. If you’d like to show up to show solidarity both for folks living with drilling and to support getting rid of this corporate welfare tax loophole in favor of fixing our budget deficit, feel free to come by.

For folks living in the Barnett Shale region of the state, leaving this tax break in place would just add insult to injury.  Many in North Texas are grappling with environmental impacts from the natural gas drilling that they believe are adversly impacting their water, their air quality and their health.  To suffer the economic impacts of cuts to vital and important services while giving this highly lucrative industry a corporate welfare “tax break” would be too much to ask of these Texas citizens.

The state has been giving out this ‘high-cost’ gas exemption to wells that only cost $24,000 and above to drill, while a leaked interim report from the Legislative Budget Board that was never published shows that eliminating the oil and gas industry’s tax break would bring in $2.4 billion to the state per budget cycle.

It is going to be an interesting hearing.

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Today, the Senate Natural Resources Committee passed out a state energy policy bill that no longer calls for the closure of the state’s worst air polluting power plants

According to committee chair Troy Fraser (R-Horseshoe Bay), Senate Bill 15 would create a 12-member Texas Energy Policy Council to advise legislators on “strategic, market-based” energy and environmental choices over the next 20 years.  We all know how well favoring market-based energy has worked since deregulation here in Texas.

The committee substitute for the original bill that was filed clearly favors coal-fired electric plants even though Fraser sold the committee on the idea that it was not intended to give a competitive advantage for one type of generation over another.

The bill, also directs the Texas Railroad Commission, to conduct a study projecting reserves and future prices of coal and natural gas.

The bill, as filed, directed the Public Utility Commission to identify the heaviest air polluting power plants and recommend closure of at least 4,000 megawatts worth of electric generating capacity.  The bill, as substituted and passed out of the committee, removes that language and instead would only require identification of the 10 percent of electric generating capacity that would be “most impacted by compliance with environmental regulation” and “barriers to retirement” of those plants.

The new energy policy council created by the bill would consist of officials from the Texas House and Texas Senate, the Public Utility Commission, Texas Railroad Commission, Texas Commission on Environmental Quality, General Land Office, Electric Reliability Council of Texas, State Energy Conservation Office and academia.

So chalk up another win for fossil fuels, at least so far this session.

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SB 655 by Hegar, or the Texas Railroad Commission Sunset Bill, suffered a setback in the Senate today. (more…)

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While Texas Legislators are furiously looking under every couch cushion to find more revenue this bienium, the Alliance for Clean Texas today highlighted a half dozen strategies that could help Texas close its $27 billion budget deficit.

Texas League of Conservation Voters Press Conference on Green Revenue March 29, 2011

Alliance for Clean Texas Members (l to r) Luke Metzger, Environment Texas; Tom "Smitty" Smith, Public Citizen Texas; Robin Schnieder, Texas Campaign for the Environment; David Weinberg, Texas League of Conservation Voters; Cyrus Reed, Lone Star Chapter Sierra Club - photo courtesy TLCV

As lawmakers are loathe to talk about the dreaded “T” word (tax),  groups like Public Citizen, Sierra Club, Texas Impact, Texas Campaign for the Environment, and Texas League of Conservation Voters, who sponsored this morning’s press conference, are offered alternative solutions to cutting needed education and health care services by raising $1 billion in revenue, while also protecting the environment.

These ideas include a severance tax, like oil and gas currently pay, for coal mined in the state and an import duty from out of state coal. Imported coal creates zero Texas jobs and pollutes the environment. If we’re going to ask oil and gas to pay a severance tax, we ought to ask coal to do the same.

Other ideas include making polluters pay the value they get from breaking clean air and water laws (ie, if by polluting you increase your profit by $15 million, you pay $15 million in fines), a surcharge on inefficient gas guzzlers and heavily polluting vehicles, and a recycling refund on bottles and cans (just clap your hands, just clap your hands!).

Cutting pollution would also mean fewer sick kids, fewer sick people in general.  Children and the elderly are most at risk for pollution-caused or -aggravated disease AND they are the most likely to receive assistance from government health care services, so cutting pollution will save the state untold millions, if not billions. AND, since sick children are less likely to attend and be successful in school, cutting pollution also improves the quality of our schools– a triple value for our pollution-cutting dollar!

Combine this with former Lt. Governor Hobby calling on the state to end the tax credit on high-cost drilling operations (read: fracking) valued at $7.4 billion between 2004 and 2009.  We had previously pointed out the hypocrisy of making the oil and gas industry’s culture of corporate welfare the only sacred cow in the budget due to their protected status resulting from all their campaign contributions.

Well, between the billions from the fracking exemption, the billion of Green revenue the ACT coalition mentioned… as they say in Washington, “A billion here, a billion there– pretty soon you’re talking about real money.”

Alliance for Clean Texas has a $1 billion check for the Texas Legislature

Alliance for Clean Texas has a $1 billion check for the Texas Legislature

State lawmakers who are serious about balancing the budget without brutalizing our schools, nursing homes, and hospitals ought to look carefully at these proposals and implement them.  Even in the coldest, darkest winter, a farmer cannot start eating his own seed, as it will impact his ability to plant in the spring. Cutting necessary services to the bone and then sucking out the marrow will leave Texas cupboards bare, both literally and figuratively, as we struggle out of this recession.

The answer is simple- cut pollution, not teachers, doctors, and nursing home beds. Don’t let big polluters get their way, forcing grandma out onto the street and your kids into overcrowded classrooms.

The Texas House will be taking up HB 1, the budget, this Friday, and debate is expected to last all day and into the night. Texas Impact, one of our colleagues in ACT, along with several other groups are organizing a vigil for Texas’ future during the debate. RSVP on Facebook and we’ll see you there!

Look! A press release! From today’s press conference! (more…)

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March 29th – Bill of the day!

HB 3110 – Bad

by Craddick – Relating to air permitting requirements for certain oil and gas facilities. (more…)

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Over the past couple of years, there has been a heated debate involving the potential EPA implementation of allowing a greater percentage of ethanol in gasoline.  The current volume percentage of ethanol allowed is 10% for vehicles made between the years 2001 and 2006. Recently, the EPA has been discussing the approval of what is known as E15 (15 volume percent ethanol blended with gasoline), and in October of 2010, the request was waived for the implementation of E15 to be allowed in vehicles made in 2007 and later.  Taking these two decisions into consideration, this now allows for E15 use in vehicle makes 2001 and newer, lighter-make vehicles into the commerce division.  Studies have shown that E15 is likely to result in somewhat lower evaporative emissions compared to fuel currently sold in much of the country (E10) as a result of the lower volatility of E15 under the partial waiver conditions. There are currently two conditions that must be met.  These conditions take into consideration the concerns of the community.  One condition of the waiver involves the mitigation of the possibility of citizens misfueling E15 in the wrong vehicles.  The other condition addresses the fuel and quality of the ethanol.

Sign indicating ethanol at gas station

On January 21, 2011, the EPA did in fact grant a partial waiver for E15 for use in MY2001-2006 light-duty motor vehicles. These decisions were based on test results provided by the U.S. Department of Energy (DOE) and other information regarding the potential effect of E15 on vehicle emissions. Taken together, the two actions allow, but do not require, E15 to be introduced into commerce for use in MY2001 and newer light-duty motor vehicles if conditions for mitigating misfueling and ensuring fuel quality are met. The EPA is still in the process of completing work on regulations that would provide a more practical means of meeting the conditions.

These new waivers implemented earlier this year by the EPA have cattle ranchers in an uproar as well.  But what could the Texas livestock industry possibly have to do with the newest ethanol implementations? According to the Texas and Southwestern Cattle Raisers Association (TSCRA), the new 50% increase in ethanol-gasoline allowance, is detrimental to the costs of their livestock production.  The TSCRA claim that such a dramatic increase in ethanol permittance will have serious negative repercussions for their cattle ranches.  A statement made by TSCRA president and fellow rancher, Dave Scott, indicated that these high levels of corn based ethanol are one of the most influential factors in driving price increases in corn products, including the feed for cattle.  This is a clear indication of the dangers we create once we begin to place our food and fuel in competition against one another.  In 2008, according to the US Department of Agriculture, feed for livestock reached its record high at $45.2 billion.  This was an increase of more than $7 billion from 2007.  With the cost of feed for livestock and newer, higher levels of ethanol being so intertwined with each other, we will only be seeing an even more dramatic rise in the cost of feed for cattle production…and more unhappy ranchers.

Our nation’s food supply and methods of transportation must find a way to compromise and divert their routes of competition elsewhere because both are at serious risk in the future.

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The Energy and Power Subcommittee of the U.S. House Energy and Commerce Committee plans to hold a hearing this Thursday on the clash between Texas officials and the EPA at the South Texas College of Law in Houston.  Click here for more information.

A coalition called the Texas EPA Task Force, made up of federal and state Republican officials, is backing proposed federal legislation that would stop the EPA from regulating greenhouse gases under the Clean Air Act. They also strongly disagree with a December EPA ruling that said Texas’ flexible permitting program for air emissions is not in compliance with the act.  They will be at the hearing in force to push their agenda.

Environmentalists response to the Texas EPA Task Force is that for 40 years the EPA has been working to make sure Texans have cleaner air and better health, and call for the citizens of Texas to not let industry insiders and their friends in Congress get in the way.

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Map of Texas highlighting counties served by t...

Texas counties served by AACOG

San Antonio, which sits just north of what many say is one of the largest oil and gas reserves in the country known as the Eagle Ford, is a heart beat away from violating federal air quality standards for ground-level ozone. It seems it is only a matter of time before the increased emissions from the Eagle Ford could drift up on prevailing winds, pushing the area out of compliance.

With drilling expected to increase over the next decade, those responsible for this region’s air quality say the increased pollution could make it difficult to remain under federal limits.  In the past decade, San Antonio’s ozone levels have decreased by 13 percent while its population has increased 13 percent, managing to stay just ahead of federal standards.  However, once a region falls out of compliance, efforts to get back in are time-consuming, politically unpopular and expensive.

It is going to be a tough contest for the environment to compete with the hype about the economic benefits (which always fail to take into account the economic costs to the region for these types of activities – increased health care costs, decreased quality of life costs, and the cost of coming back into compliance with federal air quality standards).

According to a study by the Center for Business Research at the University of Texas at San Antonio and commissioned by America’s Natural Gas Association:

Activity in the Eagle Ford in 2010 alone generated more than $2.9 billion in total revenue, supported roughly 12,600 full-time jobs and provided nearly $47.6 million in local government revenue.

Last year there were 72 active oil leases, some of which may have more than one well, and 158 producing gas wells.

However, the number of drilling permits issued by the Texas Railroad Commission, which regulates the state’s oil and gas industry, has reached 1,132 as of February. In just one year, the output of crude oil, condensate and other liquids nearly quadrupled to 3.9 million barrels.

And the boom has just begun; the UTSA study forecasts that 5,000 more wells could be drilled by 2020.

So far, no regulatory agency has begun comprehensive air monitoring in the Eagle Ford area, meaning there’s no baseline to measure any increased pollution.

Models for other regions of the country show drilling and related emissions can increase ground-level ozone significantly and the sheer volume of drilling that’s expected over the next decade, will require Alamo Area Council of Governments (AACOG) to add a new category, for drilling and recovery, into its air pollution forecasting models.

The San Antonio Express News writes about the area:

The Eagle Ford shale covers a swath roughly 50 miles wide and 400 miles long, from Maverick and Webb counties sweeping north and east up to Leon and Houston counties, but not including Bexar County. Unlike other large shale formations that have recently been tapped, the Eagle Ford includes a good deal of oil, mostly along the northern reach.

Because oil prices are high and natural gas prices low at the moment, there’s more activity in the oil region at this time, industry analysts say.

Drilling has occurred in South Texas for decades, but the oil and gas trapped in the deeper, dense rock layers once were too expensive to reach. Advances in drilling technology, most notably hydraulic fracturing and horizontal drilling, have allowed an unprecedented amount of hydrocarbons to be extracted.

“Fracking,” as it’s known, forces millions of gallons of water, mixed with sand and a variety of chemicals, into shale formations, forcing open fissures to allow the natural gas and oil to escape. Horizontal drilling allows for one hole to be drilled vertically, then one or more pipes to branch out into the shale.

Together, these techniques have spawned a natural gas boom in the country, with some industry experts estimating a 100-year supply of a fuel that burns more cleanly than coal and could help push the country toward energy independence.

In other parts of the country the boom is well under way, and as drilling has increased, so have complaints about its environmental impacts, most notably drinking water contamination.  While it remains unclear whether fracturing has contaminated drinking water, the EPA last month agreed to study the entire life cycle of the gas production process, to determine how it can affect drinking water supplies.

While water has gotten the lion’s share of the attention thus far, air quality concerns also are increasing and seem to be the area of most concern to San Antonio as they look toward increased drilling activities in the region.  Let’s hope they can stay ahead of this new boom.

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Senator Glenn Hegar (R-Katy)

Senator Glenn Hegar (R-Katy) filed a bill (SB 655) to abolish the Texas Railroad Commission and eliminate the three statewide elected positions that govern it and rename the agency the Texas Oil and Gas Commission to be run by a single elected officer who would serve a four-year term.

The bill has been referred to the Senate Government Organization Committee.

The Railroad Commission, a 121-year-old agency whose mission has changed dramatically over its lifespan, and which many have said has grown unwieldly and ineffective, has three elected commissioners who, with their separate staffs, often stumble over one another.  Still, whether a single commissioner would be preferable to three is likely to be the most contentious piece of energy-related Sunset legislation that lawmakers take up this session and even the three sitting commissioners are split on how the agency should be structured.

Hegar’s bill also contains language that would have the newly restructured agency adopt the model of the State Office of Hearing Examiners (SOAH) on rulemaking dispute-resolution matters. It also calls for establishing a $20 million oilfield cleanup fund to be financed by fees from various industry activities.

To see the Railroad Commission Sunset bill, click here.

Senator Joan Huffman (R-Southside Place)

Representative Wayne Smith (R-Baytown)

Meanwhile, Senator Joan Huffman (R-Southside Place/Houston) co-filed the Sunset bill (SB 657) to reauthorize the Texas Commission on Environmental Quality with Senator Glenn Hegar (R-Katy).  A companion bill was filed in the house (HB 2694) by Representative Wayne Smith (R-Baytown).

All of these legislators are from areas of Texas whose air quality is highly impacted by the decisions of the TCEQ and dominated by the oil and gas industry. 

To see the TCEQ bill SB 657, click here.  If you also want to follow the House companion bill HB 2694, click here.

Senator Robert Nichols (R-Jacksonville) said he plans to introduce the legislation affecting the Public Utility Commission and related agencies before the bill-filing deadline.

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Submit a commentRepower America, wants to share an important piece of news with you.

The U.S. Environmental Protection Agency (EPA) is planning to limit global warming pollution from big fossil fuel industries like power plants and petroleum refineries. These industries alone account for about 40% of the global warming pollution in the U.S. — making them the two largest sources of emissions.

Here’s where you come in. The EPA is charged with developing rules called New Source Performance Standards (NSPS) that will protect public health, reduce the pollution that causes climate change, and send a signal to polluters that they need to invest in clean energy technologies.

It’s crucial that the EPA sticks to its schedule and develops strong rules. Between now and March 18, the EPA is accepting comments on their plans. They will definitely be receiving comments from the coal, gas and oil industries. Make sure they hear from you, too.

These rules are common sense. The EPA was created to understand our impact on our environment and protect the health of our people. An overwhelming majority of scientists are united in their understanding of the effects of global warming pollution and the EPA is charged with developing rules based on that science. Yet strong special interest groups are working to derail that process.

The EPA needs to hear that you support their efforts to limit global warming pollution from these industries. That’s why you need to encourage the EPA to issue strong New Source Performance Standards without delay.

The science is clear: Climate change is happening. Unfortunately, big polluters will make big profits if they mislead the American public about that fact. RePower America needs you to counteract and counterbalance their money and their voice by sending a comment to the EPA today.

Fill out the form by clicking here, and RePower America will deliver your comment to the EPA before the March 18 deadline:

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LCRA’s Fayette Power Project is under legal attack by three anti-pollution groups who filed a federal lawsuit on Monday against the coal-fired power plant located near La Grange, about 100 miles northwest of Houston.

The lawsuit was filed by the Environmental Integrity Project, Environment Texas and Texas Campaign for the Environment.

Claiming LCRA’s Fayette Power Project has violated the federal Clean Air Act thousands of times, the plaintiffs allege LCRA ramped up capacity and increased levels of dangerous particle pollution, which is not always visible to the eye but is linked to asthma and heart and lung disease.

In addition, the groups claim the company under-reported the amount of particulate matter emitted from the plant’s smokestacks, and therefore deprived the State of Texas of more than $500,000 in annual air pollution fees.  Click here to access details of the lawsuit.

In addition to the lawsuit, the Texas Pecan Alliance, Sierra Club, Public Citizen, and other community and environmental groups have been calling on Austin City Council to commit to the promises of clean energy in line with the Austin Energy Generation plan and have asked for the closure of this plant.

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Texas Barnett Shale gas drilling rig

Texas Barnett Shale gas drilling rig -Wikipedia

According to hearing examiners for the Texas Railroad Commission, Range Resources was not responsible for contaminating two residential drinking water wells in Parker County.

The Fort Worth company was accused by the U.S. Environmental Protection Agency in December of allowing methane and other substances from its Barnett Shale hydraulic fracking operations into the wells.  But the hearing examiners findings are saying that the more likely sources of the contamination was the much shallower Strawn geological formation, which also contains natural gas deposits.

The full Railroad Commission will act on the hearing examiners’ findings at its March 22 public hearing.  If you would like to watch the hearing click here to access the streaming video live, or watched the archived video a few days later.

Public concern has been high and it is unknown yet, how the citizens of Parker, Hood and surrounding counties are responding to these findings.

To see the hearing examiners’ findings and supporting material, click here.

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Are desperate school boards having to make decisions about the fiscal health of their districts now vs the long-term health of their charges in the future?

Mike Norman, the editorial director of the Star-Telegram/Arlington and Northeast Tarrant County, writes about the precarious lab rat position of citizens in the Barnett Shale.  Click here to read his editorial.

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As the administration and Congress get down to brass tacks in slashing the federal budget, one would think that President Barack Obama’s proposal to cut $1.3 billion from EPA’s budget would be well-received by Republicans who have spent a lot of time this year criticizing the agency.  In fact, according to a story by Politico, that is in fact not the case.  Click here to read the Politico story:

For all their talk about the “job-killing” EPA, Republicans have a dirty little secret: They actually like many of the agency’s efforts, particularly bread-and-butter programs aimed at cleaning up drinking water and air pollution in their districts.

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In a three part series, Elizabeth McGowan of Solve Climate News writes how some U.S. landowners along the Keystone XL route say they are being ‘pushed around’ and ‘intimidated’ by TransCanada, an accusation the energy giant denies.  To read Ms. McGowan’s story “Is Keystone XL Impervious to Lawsuits?” click on the parts below.

Part I, Holding Out in Oklahoma – Monday, February 28th

Part II, Defining Good Faith – Tuesday, March 1st

Part III, Why Is TransCanada a ‘Common Carrier? – Wednesday, March 2nd

This should be of concern to Texans along the Keystone XL pipeline proposed route as Texas lawmakers this session are considering emergency legislation that would strengthen the position of private companies in eminent domain cases.  If the legislation is passed (SB 18 – click here to read a copy of the legislation), we could see a whole network of new pipelines snaking across areas of northeast and east Texas as natural gas companies expand their fracking projects and the Canadian Keystone XL company pushes the tar sands pipeline from Western and Central Canada, down through the middle of the country on its way to crude refineries in the Houston area.

Check out our earlier blog, Eminent Domain: Coming to Your Town Soon? , to see what is happening in Texas that could impact Texas landowners.

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