Feeds:
Posts
Comments

Archive for the ‘Air Quality’ Category

Dr. Al Armendariz, a former SMU professor, made his first appearance before a state legislative committee in his new role as Regional 6 Administrator of the U.S. Environmental Protection Agency.

Most of the House Environmental Regulation Committee hearing was taken up with Armendariz’s testimony with the bulk of the discussion about EPA’s decision earlier this year to disallow the state’s controversial flexible permit program that allows some facilities to obtain air permits based on overall emissions instead of having to get permits for each emission source.

The ruling on the program, which is unique to Texas and has been in place since the middle 1990s, sparked a firestorm of criticism from top state leaders followed by a flurry of court action from the state and industry groups seeking its nullification.

The committee’s GOP members (5 Repulicans/4 Democrats) did nearly all the questioning with Armendariz trying to shoot down what he called common misperceptions over the implication of the ruling.  Some of those misperceptions  included:

  • that the 130-plus flexible permit holders would be on the hook for millions of dollars in plant renovations
  • that federal regulators would use the de-flex process as a fishing license to comb through companies’ records in search of minor violations, and
  • that companies that came forward to voluntarily de-flex would open themselves up for civil litigation from activist groups.

Armendariz tried to reassure skeptical Republican lawmakers that his agency is not on a witch hunt and reminded the committee that the warnings about Texas’ flexible permit plan were first sounded in 2007, when Texan George W. Bush was in the White House and one of former President Bush’s local allies, former Arlington Mayor Richard Greene, was the EPA regional administrator who warned all flexible permit holders at the time that changes to the program were coming.

Armendariz was followed by TCEQ Chairman Bryan Shaw, a Perry appointee who stoutly defended the flexible permit program as being both legal under the Clean Air Act and effective in reducing pollution and ozone levels in Texas.

It is unlikely the testimony given today changed the hearts and minds of any of  the committee members. and so the show goes on.

###

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.

Read Full Post »

Today the Texas Commission on Environmental Quality (TCEQ) continued their decades-long campaign of ineptitude and inadequacy as they approved the air quality permit for the White Stallion Coal Plant proposed for Matagorda County on the Texas Gulf Coast. Their ruling was unanimous despite the fact that the administrative law judges, who spent weeks presiding over and then deliberating the aspects of this case, recommended that this permit should not be issued. On top of that the TCEQ’s own staff at the Office of Public Interest Council (or OPIC) reiterated their position that this permit should be denied.

"Clean coal" is about as realistic and honest as this image.

It seems simple things like common sense and logic are completely absent from the regulatory fantasy world the TCEQ commissioners live in. It is their opinion that the thousands of tons of toxic pollution they have permitted this coal plant to emit are “acceptable,” even though they are likely to lead to the deaths of over 600 Matagorda County residents over the plant’s estimated lifetime, at a price tag of over $5.4 billion in health care costs (according to a report from MSB Energy Associates). Also “acceptable” to these TCEQ commissioners is an air monitor White Stallion used for their air modeling report (a vital part of the air permitting process), despite the fact that it is located outside of Corpus Christi, 100 miles downwind of the proposed site. They may as well have used a monitor in China, as the emissions from White Stallion would likely never head in that direction.

TCEQ commissioners have also completely ignored the fact that the EPA has set new standards for National Ambient Air Quality Standards (NAAQS) and they are not requiring White Stallion to adhere to them, despite the fact that this plant would be on the doorstep of the existing Houston non-attainment region. In fact, once the new EPA ozone standards come into effect, Matagorda County is slated to be included in the Houston non-attainment region. By that time, however, thanks to the expedient and enthusiastic permitting approval by the TCEQ, White Stallion will be “grandfathered” and its effects on a non-attainment region will stand.

The most egregious assault on common sense and logic, however, is this plant is completely unnecessary and dangerous to all of Texas, and in fact the entire world. At a time when we need to be shifting our infrastructure and development to renewable and sustainable forms of energy generation, a CO2 and toxin-belching coal plant is the last thing we should be permitting in Texas. This plant represents not only an assault on the health of Matagorda County citizens, but a furthering of reliance upon these dirty, old methods of power generation. We have the technology now to be shifting to responsibly generated electricity. To fail in this is not just a failure by the TCEQ towards the people of Matagorda, but the failure of the state of Texas to lead this country in the direction we desperately need to go.

In the end, however, we can all take heart in the fact that the ultimate decision on whether this plant gets built or not is not only in the hands of the TCEQ.  That power lies in the hands of the people – both those who are opposing the project and those attempting to build it. This plant still requires a waste water permit from TCEQ, a water contract from LCRA, and another permit from the Army Corps of Engineers before it can operate. It is also expected that this decision from the TCEQ will be challenged at the state courts. Ultimately, as long as the people of Matagorda continue to say “NO” to this plant, and as more and more people rally to help them in their cause, this plant will be defeated.

Go to NoCoalCoalition.org for more information and to get involved in the fight against White Stallion.

###

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.

Read Full Post »

Tar sands oil makes conventional oil look clean by comparison, as it produces 3.2-4.5 times more the carbon footprint than conventional fuel. If that weren’t bad enough cleaner fuels such as natural gas, which otherwise might be used to generate electricity, are wasted in the process of creating more dirty energy from tar sands. Tar sands oil is a type of bitumen deposited in a semi solid form whose extraction is an extremely energy intensive project. For every third barrel of oil extracted one has effectively been consumed by the process. The process of tar sands oil extraction has left vast tracts of land barren with little vegetation as it is strip mined; while only 10%, of what is excavated, is oil. While some water is recyclable, the remaining toxic water is diverted to the euphemistically named “tailing ponds”. There are 2.5-4 barrels of water dumped into these toxic lakes for every barrel of oil extracted. These toxic “ponds” are actually very large; some are even visible from space.

Needless to say these pools are quite harmful to surrounding ecosystems as well as ground water supplies. The land left behind from tar sands extraction is a barren wasteland lacking vegetation and dotted with these toxic waste pools. Not only is the devastation comprehensive, it is widespread. Tar sands extraction in Alberta, Canada is set to affect an area the size of Florida.

Pipelines bringing this dirty oil to the United States have already been built, but TransCanada, an extractor of tar sands oil, has proposed to expand the pipeline system. Part of the proposed expansion will link to a current pipeline in Oklahoma and extend it into East Texas and the Houston Bay Area so that it might be refined there. These refineries will require expensive additions to handle this heavy crude. The planned route crosses through Texas and Oklahoma over rivers, through national forests, and across private land. Landowners have been threatened with eminent domain if they do not comply with Keystone’s demands. Keystone XL clearly places finance over environmental safety as they applied for (then temporarily withdrew) an application for exemptions to the rules that would allow them to make the pipe thinner in rural areas and yet pump at above currently permissible levels. However, they may reapply for this “special permit” later as they seek lower costs at the expense of the public. We cannot allow this to happen. The social costs of tar sands oil production is far too high and the benefits far too small. The expansion of this extremely dirty energy undermines what progress has been made in cleaning America’s energy consumption. While we should be cultivating clean energy production, the dirtiest energy production is being expanded.

Keystone XL needs a presidential permit to build this international pipeline. This is a point of vulnerability. Throughout the summer Public Citizen has been organizing individuals and groups to attend various meetings, hearings, and conferences. The U.S. State Department has held public hearings on its Draft EIS and we have urged others to take the opportunity to raise their voice.

Our efforts at getting such groups together continue as we move further down the proposed pipeline into the Houston area, reactivating allies and making new ones as we work together to stop a pipeline that is proposed to travel near sensitive areas such as the Big Thicket National Preserve. This pipeline only adds to Texas’ clean air problems and by stopping it in Texas we can change the momentum on a rapidly growing dirty industry. Future infrastructure development should be dedicated to renewable, clean energy – not dirtier energy than what we already have.

###

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.

Read Full Post »

It has been about half a year since the battles started between the EPA and TCEQ over the Texas’s flexible air-permitting program. Unfortunately, the Governor has taken advantage of this issue to use to attack the Federal Government in his bid for the Governor post. Many have us have forgotten that the EPA started questioning the state’s permitting program during the Bush administration, long before Obama took office, but since this is an election year, Perry will do anything within his reach to cling on that chair.

The EPA finds the 16 year permitting program incompliant with the Clean Air Act. The program makes it difficult to monitor the pollution and reduce emission from Texas facilities because, rather than having to disclose pollution for each individual smokestack at a facility, they aggregate them all together. The Governor and the Attorney general have already sued the EPA protesting the latter’s “overstepping its authority.”  The TCEQ says the program is just fine and gives permits to Texas at a cheaper cost.

But we and most other environmental groups, find flex permits severely lacking.  All we (and the feds) are asking for is some basic transparency.  If flex permits do work, simply tell us what your emissions are, and let’s have a debate about the efficacy of the program.  Buit we can’t do that while industry and TCEQ hide the data from the public.

After the many twists and turns this battle has taken, the EPA has set in place a new rule to start a voluntary Audit Program under which refineries and other facilities in Texas can hire a third party auditor. If businesses fail to meet the standards after being audited, the EPA promises not to penalize them but to work with them to acquire a federal air permit.

TX facilities should find this program reasonable.  According to the EPA’s website, “The Audit Program is available for 90 days after publication in the Federal Register. Participants who sign up in the first 45 days can take advantage of a reduced penalty incentive for potential violations.”

The TCEQ has protested the new rule, “he state of Texas vigorously defends its flexible permits program and expects to prevail in court. Flexible permits are legal and effective,” said  Terry Clawson, the Spokesman for the TCEQ.

Well, if that’s so– show us the data. They won’t, because they know that it won’t stand up to scrutiny.

Finally, Texas facilities will follow the Clean Air Act, just like facilities in every other state.

Meanwhile, tax dollars Texans pay are being wasted on a state agency that refuses to do its job of protecting the state’s environment, and are being wasted by our governor and attorney general on meaningless lawsuits.  The EPA is not out to get Texas and just like Al Armedariz said, “Our objective is to get good permits.”

That’s our goal, too. TCEQ is undergoing Sunset Review by the Texas Legislature. Let’s hope we get an agency that follows the law.

###

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.

Read Full Post »

Live downwind from the Barnett Shale ?

The Texas Commission on Environmental Quality posted an interactive map of the Barnett Shale on its website that allows you to see the latest data from the various air quality monitoring sites near natural gas drilling and pipeline facilities.

Barnett Shale Air Sampling Map Viewer

Barnett Shale Air Sampling Map Viewer

Be forwarned however that the information contained on this website is not for the faint of heart or the  casual internet surfer.  Those who venture through the maze that is the TCEQ website, without much beyond a basic familiarity of the terms associated with measuring the sundry compounds that can escape from gas operation facilities, might find themselves challenged to understand what the map offers.

TCEQ has been under pressure from North Texas lawmakers and from various interest groups to provide the public with as much information as possible about how gas operations in the urbanized Barnett Shale might be affecting air quality. And the introduction of the map comes just four days after the chairmen of the House and Senate committees that oversee environmental regulations prompted the agency to more than double the number of air monitoring sites in the Barnett Shale.

TCEQ also announced today that it plans to hold an open house in the Barnett Shale area in October that will feature interactive displays and presentations where residents can learn about specific regulatory activities in the area. Details about when and where the open house will take place are not yet available but we will let you know as soon as we know.

TCEQ has said that the U.S. Environmental Protection Agency evaluated its monitoring operations in the tiny town of Dish and found no reason to doubt the validity of the test results.

Feeling adventurous?  Want to to spend part of your weekend wandering around virtually through the new interactive map? Click here.

###

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.

Read Full Post »

Not only does the pollution of dirty energy companies extend across other states but so does their influence. Not far from Texas, California is fighting two big Texas oil companies to keep its air cleaner. To give you some background, California passed historic legislation in 2006 that mandates the state to cut 25% of its greenhouse emission by 2020. A legislation such as California’s Global Warming Solutions Act of 2006 would cost oil companies extra bucks to get their facilities to comply with the requirements of the law.

The two Texas oil companies, Valero and Tesoro own 4 out of California’s 15 most pollutant facilities. The Ella Baker Center for Human Rights and the California Environmental Justice Alliance issued a report that contains details on several environmental violations in the state and sheds some light on illegal spews of toxic chemicals. But just like what oil companies do, Valero and Tesoro have become primary funders of California’s Proposition 23 which would suspend AB32, if it passed. The two companies have spent big bucks to get the legislation passed just like what they do back home in Texas. Combined, both companies have spent over 2 million so far.

Once again, the Republican Party is selling this legislation as an incentive for jobs. It suspends AB32 until unemployment in California dips back to 5.5% for 5 consecutive quarters. To simplify, Republicans are blurring the line between employment and public health and it doesn’t have to be that way. In fact, many jobs can be created by using green energy and these jobs will not pose any health risks to the employees or the residents of the area. The Republican party has to get a different energy plan than, ”work and get sick or no work at all.” It is 2010 and we can employ many more better resources in the United States than the dirty ones we have been using for the past century. I must add that even California’s Governor, a Republican thinks this proposition is ridiculous.  Schwarzenegger said in July that, “the move would seriously undermine California’s efforts to attract new investment and create thousands of new jobs in green technology.” His Republican opponent for the governor seat, however, is vowing to suspend the law for at least one year, if she takes office.

###

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.

Read Full Post »

Public Utility Commission Chairman Barry Smitherman recently sat down with Texas Tribune reporter Kate Galbraith to talk about energy efficiency, CREZ, smart-meters, non-wind renewables, the switch-hold rule, the Lege, and Federal climate legislation (or lack thereof?). It’s a good read/listen if you have some time. Some interesting highlights:

On the efficiency agency idea (we’ve had something to say about it here, here and here in conjunction with the rather lame energy efficiency rule adopted on July 30):

Galbraith: What do think of the environmentalists’ proposal to house all aspects of energy efficiency under one roof?

Smitherman: I talked to Smitty about it on Thursday, when I came back because I was out of the office last week, and I came in and I was catching up on the clips, and I called him up and I said, well that was quite a letter you sent to Speaker Straus, and we kind of laughed about it a little bit. You know, I think there’s some merit to it. Because whether it’s SECO or here or over at the housing agency, there’s at least three if not more places. Plus you’ve got the local community efforts where energy efficiency dollars are being expended, and there’s really no mechanism in place to coordinate that. And so if you want to take it and put it in SECO or put it over here, I don’t care. I think creating an entirely separate new agency is going to be tough next session because it’s going to be a busy session with redistricting and the budget and a number of other issues — Sunset — but it might make sense to take energy efficiency and house it in one place.

It is encouraging to hear the chairman agree that the nifty idea of combining efficiency programs under one roof makes sense.  PS- The “Smitty” he mentions is Public Citizen’s own Texas State Director Tom “Smitty” Smith, our boss.

On direction from the 82nd Lege:

Galbraith: Do you expect more direction next session?

Smitherman: I do. I think there are a number of members that believe very strongly in energy efficiency. And we saw that this last session with a couple of bills, and so I would expect there to be a robust debate at the end of the session. I don’t know where it will come out at the end of the day, but I think that the debate will be there. And what I hope continues to happen is that we use a broad portfolio of tools to address our energy security and independence and price stability, and energy efficiency is one of those tools. I wouldn’t suggest that we do only energy efficiency and not build the CREZ, for example; or not try to promote a new nuclear plant. But there are some people who really believe that energy efficiency is the way to go.

I don’t know who is advocating for only energy efficiency to accomplish clean air, lower bills and energy security, but it certainly should be a top priority, no?

Check out the entire transcript here to get the rest of the good stuff.

###

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.

Read Full Post »

Perry Appointees Smitherman, Nelson, Anderson protect consumers from energy efficiency

There is a disturbing trend emerging in Texas. A once successful consumer-oriented program is floundering because of a deficit of perspective behind the dais at the PUC.

The Public Utility Commission of Texas proposed adopting an update to the state’s energy efficiency program that would cap the amount of money utilities could spend on programs that reduce the energy bills for homes and businesses.

Under the rule, utility expenditures on energy efficiency would be limited to one tenth of one cent per kilowatt-hour. That’s $0.001, which would amount to around a dollar a month for the average home. It’s worth pointing out that there are no cost caps for other energy resources, just the cheapest one.

This bears repeating: the PUC does not want utilities to spend more money to fund programs that make Texas homes more energy efficient and reduce their utility bills.

During today’s hearing, it was abundantly clear that Governor Perry’s appointees to the commission have folded to industry pressure and adopted the bizarre world view that energy efficiency costs consumers too much money. As evidence, in addition to only considering utility industry estimates on the cost of future efficiency resources, they frequently alluded to a report released this week by the conservative and industry-friendly Texas Public Policy Foundation which made unsubstantiated claims that the consumer benefits of energy efficiency programs could not only be less than currently estimated, but actually negative (page 3). (A more detailed critique of their report is coming).

At a workshop earlier this month, the commissioners only allowed industry representatives to present information. No consumer advocates, environmental groups, no academics were allowed to present and even the comments by ACEEE seem to have been ignored.

It’s now time for the Legislature to be the grownups in the room (more…)

Read Full Post »

The concert is FREE to the public and welcomes all ages.
The Sierra Club and Texas Environmental Justice are rolling out the Great Texas Clean-Up Festival, from 4-10 at the Discovery Green in Houston, an event expected to kick off a larger campaign to clean up Texas. Public Citizen is a coalition partner and will be there! Check out our booth!

Headlining the event is Dallas native Ray Johnston with the Ray Johnston Band, a groovy, rock soul act with plenty of attitude. Rounding out the event are Los Pistoleros de Texas, bluesman Mrs. Glass, and country western singer songwriter Robert Ellis.

Expect keynote speaker State Senator Rodney Ellis of Houston to give a rip-roaring speech, flanked by the impassioned Ana Hernandez, three term representative from district 143 of Houston.

About a dozen Houston-based artists are expected to showcase, including Lizbeth Ortiz, who created this piece, “Nurturing Hands”.

There will be a Kids’ Corner and plenty of political activism.

Check them out at www.cleanuptexasnow.org

Hope to see ya’ll there!

###

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.

Read Full Post »

The Great Texas Cleanup: Outdoor Art & Music Festival

July 24th in Houston at Discovery Green

On July 24th, the Sierra Club and Texas Environmental Justice Advocacy Service (TEJAS) will host The Great Texas Cleanup: A Rally & Concert for Clean Energy and Clean Air. Environmental and community groups from Houston, Texas and around the country will join local, state, and national businesses in taking a stand to cleanup Texas now!

The concert is FREE to the public and welcomes all ages.

Local musicians will play an eclectic variety of music that will unite youth, students, young professionals, families, and different communities in the fight for a future we all share. Community leaders and distinguished speakers will talk about urgent issues that have culminated into our best opportunity to cleanup Texas now. Artists, businesses, and local nonprofits will share with you what they are doing to help and how you can get involved!

Hope to see ya’ll there! CleanupTexasNow.org


###

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.

Read Full Post »

In a breaking story from the AP, we learn that the air pollution rules first proposed under George W. Bush’s EPA are Pollution from coal fired power plants has been linked to respiratory illness and premature deathsmoving forward.

The Environmental Protection Agency said the new rules would cut sulfur dioxide emissions by 71 percent from 2005 levels by 2014 and nitrogen oxide emissions by 52 percent in the same time frame.

The regulation, known as the Clean Air Interstate Rule, requires 31 states from Massachusetts to Texas to reduce emissions that contribute to smog and soot and can travel long distances in the wind. The agency predicted the rule would prevent about 14,000 to 36,000 premature deaths a year.

The rule would overturn and toughen rules issued during the administration of former President George W. Bush.

What happened was the Bush Administration took a look at the scientific reviews for where the levels of these pollutants should be to protect health. When they published their new air quality standards, they were actually less strong than the science required.

And while legal wrangling is fun, the real story here is the impact on human health.

“We’re working to limit pollution at its source, rather than waiting for it to move across the country,” Jackson said in a statement.

The proposed reductions should save billions of dollars in avoided health costs and sick days and save thousands of lives each year, Jackson said. Those benefits would far outweigh the estimated $2.8 annual cost of compliance, she said.

Reducing pollution from power plants means fewer sick kids who have to miss school, it means fewer people who have to be rushed to the ER for an asthma treatment, and even means fewer deaths.  And, of course, reducing these emissions most likely also means a reduction in greenhouse gas emissions, another added benefit we can all be happy about.

###

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

Read Full Post »

Yesterday the TCEQ remanded the air permit for the proposed Las Brisas petroleum-coke plant back to the State Office of Administrative Hearings. What they didn’t do is require the facility to do what’s called a case-by-case analysis of MACT (Maximum Achievable Control Technology) for Hazardous Air Pollutants. In effect, TCEQ (the agency tasked with protecting people and the environment from pollution) is not going to require Las Brisas to do a proper analysis of their pollution control!

This is outrageous. A permit which should have been denied outright, or at the least sent back to the beginning of the process, is instead being temporarily remanded on a number of less significant issues. Below is the proceeding in its entirety. The first video covers the first part of the process when the applicant and the opposition’s representation were allowed time to make comments to the commissioners. The second video shows the commissioners’ decision which is then followed by a press conference which includes responses from local residents in Corpus Christi who would be directly affected by the pollution TCEQ is failing to properly address.

For more information contact Public Citizen’s office at 512-477-1155.

[vimeo 13008393]

[vimeo 13011768]

###

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

Read Full Post »

« Newer Posts