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Archive for the ‘Air Quality’ Category

Texas Barnett Shale gas drilling rig near Alva...

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I hope you’re going to have a great Oscar night, and while we may all have our favorites for best picture (True Grit was my favorite, but I think The Social Network and The King’s Speech are also very deserving), this year we have one of the most important issues of our time as the subject of one of the nominees for best documentary.

In Gasland, director Josh Fox travels across America to learn about the effects of hydraulic fracturing, or fracking, as a method to drill for natural gas. Despite the rhetoric about how clean natural gas is compared to other fossil fuels (kind of like saying it’s the least ugly stepsister), fracking is causing major problems across the US.

One of our favorite local bloggers in Texas, TXSharon, has been documenting these same problems living on top of the Barnett Shale. We don’t have a clip we can embed from Gasland, but I’ll use this as a placeholder:

Fox’s filmmaking is beautiful, frightening, humorous where possible, wry, and dismally depressing all at the same time. But he educates you on this terrible problem seeping up from the ground, and he makes you a little bit hopeful that we can find ways to get energy that don’t destroy our water supplies. That don’t ruin suburban neighborhoods or productive farmland.

And ultimately why it should win is because it’s fairly obvious the truth it is telling is far too dangerous to those who profit from fracking with our water. The natural gas industry has been on a months-long crusade to try to discredit Gasland, even going so far as to try to get it declared ineligible to receive the award, and if Hollywood bows to the pressure it will be an even worse tragedy than allowing them to censor The King’s Speech so it can get a PG-13 rating.

Also, Id like to see it win because it features my favorite EPA Regional Administrator, Dr. Al Armendariz, talking about his research about how the drilling from the Barnett Shale in suburban Ft Worth is creating more pollution than all of the cars and trucks in the Dallas/Ft Worth area combined. It also features Cal Tillman, the mayor of the little town of Dish, TX, who recently sold his home in Dish because of health problems his family was having from the drilling. He made the new buyer watch Gasland before they bought the house. These real, but amazing, subjects in the documentary are folks I’m proud to rub shoulders with here in Texas.

Enjoy the Academy Awards, hopefully surrounded by some good, geeky friends and family. And even if “Exit Through the Gift Shop” wins for best documentary, make sure you see Gasland as soon as possible.

Cross-posted at BigShinyRobot.com where I occasionally blog about geeky stuff under the pseudonym CitizenBot

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The Texas Supreme Court, the state’s highest civil court, will hear a controversial case over whether a company that plans to build pipeline to carry carbon dioxide and natural gas from Louisiana to site south of Houston qualifies as a “common carrier,”  giving it the power of eminent domain. That means if they want to come through your property and you don’t want to sign the offer they make on your property, they can begin condemnation procedures to just take your property for what they think it is worthAnd that just ain’t right.

The case is scheduled for oral arguments before the Texas Supreme Court on April 19th.  At issue is whether the  Jefferson County trial court ruled incorrectly when it said Denbury was a common carrier (meaning besides the company’s private, for-profit use, the line would be available for public use as well) and therefore could force private landowners to sell right-of-way so the 320-mile stretch of pipe could be built.

The appeals court upheld the trial court.

The industry is watching the case closely, and so should you, as lawmakers this session are considering emergency legislation that would strengthen the position of private property owners in eminent domain cases.  If the Supreme Court rules in the company’s favor and the legislation is passed, 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 with a Canadian company pushing 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.  And they’ll be singing:

So Lord help the sister, who comes between me and my pipeline terminus.

To see the court documents filed in the case, click here.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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The funding bill the House of Representatives voted in favor of is an attack on climate change solutions and climate change science. The House cuts would:

  • Prohibit the EPA from setting limits on greenhouse gas pollution from power plants, factories and refineries, among the most significant sources of greenhouse gas pollution in the United States.
  • Prohibit the EPA from collecting information about the sources where greenhouse gas pollution is coming from.
  • Eliminate funding for a Climate Service at the National Oceanic and Atmospheric Administration. This program would efficiently supply scientific data and information about climate change and its impacts.
  • Slash the EPA’s total budget by about 29%.

Fortunately, both the Senate and the President still need to weigh in on the funding proposal. They must act before March 4.  Your help is needed if you want to make sure they take the climate crisis more seriously than the House of Representatives did.  Read Repower America’s summary here — and then spread the word among your friends and family.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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John Moritz and Patrick Graves covered the joint hearing of the House Energy Resources and Environmental Regulation committees for the Texas Energy Report, which they say continued the long-running theme at the Texas Capitol that the feds are unfairly targeting Texas industries while ignoring progress made over the decades on clean air matters.

But about a half-hour into the familiar thumping of the U.S. Environmental Protection Agency, two Democratic lawmakers offered a rare counter-veiling view on the on-running battle.

Representative Jessica Farrar (D-Houston)

“It’s not as rosy a picture as you are painting,” state Rep. Jessica Farrar (D-Houston) told Bryan Shaw, chairman of the Texas Commission on Environmental Quality.

TCEQ Chairman Bryan Shaw, Ph.D.

Shaw had repeated his oft-state concern that the EPA’s action last year effectively outlawing Texas’ flexible permit program will kill jobs in the refining and manufacturing sectors and that the feds were ignoring Texas’ efforts to lower pollution levels.

But Farrar argued that people in her working-class district that is also home to several manufacturing facilities are often frustrated that plants operating under the flexible permit program often make changes that appear to affect emission levels without allowing for public comment.

Shaw argued that any such changes would not increase pollution because flexible permits set caps on overall emissions. Farrar argued that her constituents don’t always know that. Further, she said, coming budget cuts will likely mean less money for programs aimed at providing incentives for polluters to adopt greener policies for their facilities.

Representative Lon Burnam (D-Fort Worth)

Those comments were followed by an observation from Fort Worth Democrat Lon Burnam that Republicans on the committee were suggesting that the EPA had acted in bad faith by declining an invitation to attend today’s joint hearing.

Burnam pointed out that the hearing was only called late last week, while Shaw had been given a month’s notice of an EPA hearing last year in Dallas that he decided to pass up.

Shaw acknowledged that he declined to attend, saying that he and his staff have had numerous meetings with EPA Regional Administrator Al Armendariz but have still been unable to resolve their difference.

“It was not an effort to snub anyone,” Shaw said. “It (the meeting) was just not a good use of our resources.”

While TCEQ decided that this public hearing was not a good use of their resources, they squandered any goodwill they had with the citizens of the DFW area who took time out of their busy schedules to attend the hearing and were probably hoping TCEQ would show up to tell them directly why they have taken the position they have.

Moritz and Graves go on to report:

It was unclear if the two committees are planning any legislative remedy to the EPA/TCEQ standoff over flexible permits and related issues, or whether Republican-controlled Legislature will wait for the outcome of court challenges the state has filed against the federal agency’s policies affecting Texas.

Representative Jim Keffer (R-Eastland)

It was clear, however, that neither Energy Resources Chairman Jim Keffer (R-Eastland) or Baytown Republican Wayne Smith, who chairs Environmental Regulation, intended the hearing to derail the state’s civil action that remains pending in the federal court system.

Representative Wayne Smith (R-Baytown)

“Tell us all you can,” Smith told Shaw as he sat down to testify, “but don’t jeopardize your case.”

Later in the hearing, Deputy Attorney General William Cobb III  gave members a blow-by-blow account of the events leading up to the state’s lawsuit against EPA. He also said the case, which is still pending in a Washington, D.C., court is moving slowly, saying the parties have not even received a briefing schedule yet.

But, added, the state is committed to continuing the battle with the feds.

“It’s a fight worth fighting,” Cobb said, who described the back-and-forth over EPA‘s rule interpretations in detail without the benefit of notes. “We’re taking every measure to oppose these rules.”

By

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Senator Troy Fraser (R-Horseshoe Bay)

Senator Troy Fraser (R-Horseshoe Bay)

Senate Natural Resources Committee Chairman Troy Fraser (R-Horseshoe Bay) said he expects to act on legislation (Senate Bill 527) that would allow the state to tap into funds from the Texas Emissions Reduction Plan to pay for air monitoring activities near natural gas drilling operations.  North Texas Senate Republicans Chris Harris, Craig Estes, Jane Nelson and Florence Shapiro along with Democrat Royce West have signed on as co-authors.

Senator Wendy Davis (D-Fort Worth)

Senator Wendy Davis (D-Fort Worth)

Late last year, Senator Wendy Davis (D-Fort Worth) filed a bill (Senate Bill 102) that would require the Texas Commission on Environmental Quality to tap TERP funds to “conduct short-term and long-term air quality monitoring” to gauge the levels of such pollutants as particulate matter, nitrogen oxides and volatile organic compounds near various natural gas operations in the Barnett.

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Senator Wendy Davis (D-Fort Worth) filed Senate Bill 772, which, if passed, would require companies using hydraulic fracturing to mine natural gas in Texas to include a unique tracer compound enabling regulators to determine which party is or is not responsible in the event that the fluids find their way into drinking water supplies.

Sen. Davis compared the tracing compound to “DNA” for gas drilling companies. She said the measure would protect both landowners and the operators in the state’s growing shale plays and resolve questions regarding groundwater contamination allegations.

If an effective tracer compound had been used by Range Resources, it might have gone a long way toward settling a dispute between the Fort Worth company and the U.S. Environmental Protection Agency over two contaminated wells in Parker County containing methane, benzene and other compounds found in natural gas fracking operations.

To see a copy of Davis’ bill, click here.

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Dr. Al Armendariz (EPA Region 6 Director)

Dr. Al Armendariz (EPA Region 6 Director)

The EPA and Texas are in a dispute over whether the EPA can legally regulate greenhouse gases such as carbon dioxide, and whether it has a right to issue greenhouse-gas permits in Texas when the state refuses to do so.

It become necessary on Jan. 2nd for the nation’s largest new industrial expansions – chiefly power plants, cement kilns and major factories – to have permits showing how they will use “best available control technology” to reduce greenhouse gases.  That action derived from a 2007 decision in which the U.S. Supreme Court said the Clean Air Act authorizes limits on greenhouse gas emissions.

In every other state except Texas, state agencies began issuing the permits, or plan to do so after their procedures are in place and provided the EPA with a written plan on how they intended to procede.  Texas has refused to take part, saying the EPA overstepped its authority and usurped the state’s rights by regulating greenhouse gases. The Texas Commission on Environmental Quality (TCEQ), the state agency charged with regulating air pollution in Texas, has joined Abbott and Perry in opposing the EPA, filing a lawsuit and issuing a written statement saying the state’s position has been well-documented.

On January 14, 2011, scores of Texans backed the Environmental Protection Agency and blasted Texas officials at a hearing in Dallas on the federal takeover of greenhouse-gas permitting in the state.  Who didn’t attend the hearing the Texas Commission on Environmental Quality. Nearly every speaker who did attend the hearing, however, expressed little or no confidence in Texas officials’ ability or desire to protect the environment.

If you have the time, we invite you to watch our taping of the hearing. (more…)

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Even CSI is talking about fracking

According to the Fort Worth Star Telegram, the Barnett Shale natural gas fields of Denton and Wise counties are one of five finalists to be considered for a case study as part of the Environmental Protection Agency’s (EPA) examination of hydraulic fracturing.  

That is not a competition I would want to win, but if I were facing possible contamination of drinking-water supplies from oil and gas industry operations in areas where drilling and hydraulic fracturing have already occurred, I’d want to know what the extent of that pollution was.

Nevertheless. a Texas organizer for the Earthworks Oil and Gas Accountability Project, expressed concern Wednesday about the study, stating she felt EPA would be using “people as guinea pigs.”  She called for the leaders in those Texas communities to consider placing a moratorium on hydraulic fracturing until after the study is complete (like that is going to happen–sadly probably not) and use some other community for the study. (more…)

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Texas’ Attorney General, Greg Abbott is taking his fight with the U.S. Environmental Protection Agency to Washington DC today.

Texas Attorney General Greg AbbotAbbot will testify before the House Energy and Commerce Committee on how he believes the EPA’s policies are affecting Texas.

Abbott, TCEQ and the governor have been on the warpath against the EPA for some time.  Abbott, has filed lawsuits against the EPA defending Texas’ flexible permit program that allows certain industries an exemption from having to disclose pollution for each individual smokestack at a facility and allowing them to aggregate all emissions from the plant together. Click here to read an earlier blog post on Texas’  flex permit program. The TCEQ didn’t even send a representative to an EPA public meeting in Dallas about the DFW’s efforts to come into compliance with the federal clean air standards.  Abbot is also challenging the EPA’s efforts to regulated greenhouse gases.   In late January, Abbott sent a letter to President Obama and congressional leaders asking them to push legislation limiting the EPA’s reach.

Abbot will make an opening statement and then take questions from the committee.

Abbott is the only state attorney general scheduled to testify today, according to the committee’s witness list.  Others on the list include EPA Administrator Lisa Jackson, National Black Chamber of Commerce President Harry Alford and representatives from industries.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas

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Explositon site outside HoustonThere are reports of an explosion occuring about 11:45am at Enterprise Products in Mont Belvieu, Tx just east of Houston. 

So far, I’ve seen no reports about possible injuries or deaths, but the photos are daunting.

Explosion and fire at Houston chemical plantEnterprise owns a state of the art gasoline additive production facility that has been modified to produce isooctane, a motor gasoline octane enhancement additive used in reformulated motor gasoline blends to increase octane, and isobutylene.

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The Sunset Advisory Commission is putting the wheels in motion to overhaul the Texas Railroad Commission (RRC).  And, the chairman of the Sunset Commission is telling two of RRC commissioners that their agency “badly broken.” 

Commissioner Michael Williams, the longest-serving member of the trio, has endorsed the overhaul.

The Sunset Commission has recommended the Railroad Commission be renamed the Texas Oil and Gas Commission and that the three-commissioner structure be replaced with a single commissioner who would be elected to a four-year term that would coincide with the terms of most other statewide elected officials.

Late last year, during the public hearing, several Sunset members expressed concern that railroad commissioners are too chummy with the industry they regulate and that the three-commissioner make-up means that at least one commissioner is campaigning while making decisions affecting the industry that constitutes their largest campaign contribution pool.

Two of the three sitting Texas Railroad commissioners have appealed to the legislative leadership not to push through a restructuring that would likely eliminate both of their jobs.  But Senator Glenn Hegar, chairman, and State Rep. Dennis Bonnen, vice chairman of Sunset, pushed back, telling the Railroad Commissioners that “maintaining the status quo” was never considered by Sunset.

The Sunset recommendations for the state agencies that were up for review during the interim must be incorporated into legislation and taken up this session for the agencies to continue their existence.  The Legislature has the opportunity to make meaningful reforms to the Railroad Commission, however members from either house can modify the recommendations, meaning that the proposed overhaul is not a done deal.  

So if you want to see reforms to the Railroad Commission this session, make a call.  Don’t know who represents you at the Texas legislature, click here.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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The Environmental Protection Agency will hold a series of “listening sessions” in the coming months in order to get input from stakeholders on the agency’s plans to implement new greenhouse gas standards on power plants and refineries.

If  you cannot make it to the sessions, each session will be webcast and recorded for later viewing at http://www.epa.gov/live and written comments on these planned rulemakings may also be submitted. The agency requests that written comments be submitted by March 18, 2011. For information and instructions on submitting written comments, go to http://www.epa.gov/airquality/listen.html.    

Below is a list of the “listening” sessions and their locations

Session 1: Electric Power Industry Representatives
Feb. 4, 1 p.m. to 3 p.m. (ET)
EPA Ariel Rios East Building
1301 Constitution Avenue, N.W., Room 1153
Washington, D.C.

Session 2: Environmental and Environmental Justice Organization Representatives
Feb. 15, 1 p.m. to 3 p.m. (ET)
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W., Atlanta/Augusta Room
Atlanta, Ga.

Session 3: State and Tribal Representatives
Feb. 17, 1 p.m. to 3 p.m.
Ralph Metcalfe Federal Building
77 West Jackson Blvd., Lake Michigan Room
Chicago, Ill.

Session 4: Coalition Group Representatives
Feb. 23, 10 a.m. to 12 p.m. (ET)
EPA Ariel Rios East Building
1301 Constitution Avenue, N.W., Room 1153
Washington, D.C.

Session 5: Petroleum Refinery Industry Representatives
March 4,  10 a.m. to 12 p.m. and public comments 1 p.m. to 2:30 p.m. (ET)
EPA Ariel Rios East Building
1301 Constitution Avenue, N.W., Room 1153
Washington, D.C.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Carol M. Browner, the White House coordinator for energy and climate change policy, is resigning. 

Ms. Browner, a former administrator of the Environmental Protection Agency, was charged with directing the administration’s effort to enact comprehensive legislation to reduce emissions of climate-altering gases and move the country away from a dependence on dirty-burning fossil fuels. Failing to pass climate change legislation last year, and in the face of new Republican strength in Congress, it is unlikely that major climate change legislation will pass in the next two years.

The E.P.A. is under siege by Republicans who are deeply sketical about climate change and strongly opposed to environmental regulation.  They believe  the EPA is strangling job creation by imposing costly new pollution rules and we can expect the administration to be defending the modest policy gains of the past two years rather than advancing new proposals.

No doubt the nation’s eyes will be on Texas as they continue to be locked in a death match with EPA over greenhouse gas regulation.

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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.

[youtube=http://www.youtube.com/watch?v=dxM-LmeAuJM]

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.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We arePublic Citizen Texas.

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“Gasland,” the documentary film by Josh Fox, that examines whether hydraulic fracturing of shale formations threatens water supplies and poses other environmental hazards, was nominated today for an Academy Award.GasLand

The movie is a cross-country tour that included visits to people who live near several drilling sites, including North Texas’ Barnett Shale.

If you want to see this documentary before the Oscars it is probably not going to be shown in a theater near you anytime soon, but it is available on Amazon or through the movie’s website, or you can even rent it through netflix.

Of course, the gas industry is getting verklempt!  They would prefer you talk amongst yourselves about any other movie, and they’ll gladly give you a topic . . . The Prince of Tides was about neither a prince nor tides. Go!  

However, if you still want to talk or watch something about fracking check out some of our earlier posts that talk about the fracking issue being addressed in the popular medium of TV in both a 60 Minutes segment and an episode of CSI.

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