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Archive for the ‘Air Quality’ Category

The States Attorney general is leaping into the environmental fray once again with a filing with the federal appeals court to review the new EPA regulations while the Texas house state affairs hold hearings today, but Governors Perry’s attorney and chief is taking it one step farther filing against  four different rules according to the AGs web site:

“Specifically, Texas petitioned the U.S. Court of Appeals for the D.C. Circuit to stay the EPA’s greenhouse gas Endangerment Finding, the Light-Duty Vehicle Rule, the Prevention of Significant Deterioration (PSD) Interpretive Rule, and the Tailoring Rule.”

After a record-breaking heat wave it seems that its turning out to be better to litigate than try to find a solution (problem what problem), with all the state agencies now following lock step on message. It was back in Pres Bush’s administration that some of the rules were proposed and many of Texas’s and the rest of the countries industries have been gearing up and cleaning up to meet the new rules. After the White House caved on the ozone rules one can guess that they are expecting to get away with anything they want.

Reported shortages of different inhalers for the treatment of breathing difficulties by pharmacies,along with studies showing that Texas can meet the new cross state pollution rule and clean up the air don’t seem to carry any weight with this administration. Recent press releases on the loss of 500 jobs by Luminant (take a look at their stock market filings if you think this is just about federal intervention) and our previous post ,after the state just got done axing over 6000 jobs with its heavy-handed budget process, are making headlines. “Jobs for coal, but not for kids” might be a more appropriate  tag-line.

Its time to turn on the scrubbers, have the PUC come out with a strong energy efficiency rule to cut the load (a proven and cost-effective method) get a move on with the 500Mw non-wind renewable rule  that keeps getting tabled (and not paying companies to try to un-mothball old generation units). Just maybe we can get a little more fresh air and some non polluting peaking energy when we need it.

Leadership not lawyership is more of what we need.

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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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http://www.greenpeace.org/usa/en/news-and-blogs/campaign-blog/is-the-epa-trying-to-destroy-rick-perrys-texa/blog/36841/

Earlier this month Rick Perry denied the reality of climate change at a presidential debate. This week Governor “Good-Hair” has continued his crusade of fact fabrication and blamed the loss of 500 Texas jobs on the EPA and its new regulations (called the Cross-State Air Pollution Rule or CSAPR). This accusation came just after TXU/Luminant, the largest power generating company in Texas, announced it would be shutting down two of its coal units. While Luminant is taking a step in the right direction, this unethical tactic of blaming impending EPA regulations for job losses has become old hat for politicians like Perry and large fossil-fuel corporations like Luminant.

Accusations like this are nothing new. The fossil-fuel industry shrilly shouted the same kind of job-killing rhetoric over forty years ago when the Clean Air Act was passed. Instead of killing jobs, however, the Clean Air Act created them. Many studies have shown that the economic benefits, including job creation, of making polluters clean up their act far outweigh any negative impacts (such as layoffs at plants).

Unfortunately, it looks like President Obama has been drinking the same Industry-financed kool-aid as his main opponent. The President has announced that these crucial smog-reducing rules will be pushed back to 2013 (at the earliest). President Obama should be ashamed of his decision to delay these rules. He has, in effect, sacrificed human lives and the lungs of children because big-energy lobbyists have whined about it. The excessive pollution from Luminant’s three dirtiest coal plants is estimated to cause one premature death every three days. Whether Obama or Perry (as the likely candidate) wins the next presidential election, it looks like neither will stand up to corporate polluters for the sake of American lives. Visit Greenpeace online to sign a petition asking Obama to reverse this decision.

The EPA’s purpose is not to coddle fossil-fuel industries, nor to ensure their profit margins stay at ideal levels – it exists to protect human and environmental health. If companies in Texas like Luminant cannot conduct their business responsibly and acknowledge the pollution and harm they cause, then they must be held accountable by the public and our leaders.

Texans are paying the price for the cowardice of our politicians and the irresponsibility of these large energy corporations. These Luminant plants are some of the dirtiest coal plants in the country. Why should we have to pay higher medical bills and environmental clean up costs so that companies like Luminant can maximize profits?

This report from TR Rose Associates shows in detail how Luminant’s shuttering of these coal plants is most likely due to poor financial management. Considering that these plants are practically worthless for Luminant it makes sense for them to shut them down. This retirement has everything to do with the energy market and Luminant’s mismanagement of their resources and very little to do with any new EPA regulations.

Luminant should follow the example of the TVA, who announced back in April the closure of 18 coal plants. TVA further committed to retraining their workers for jobs in energy efficiency and renewable energy – both fields which are likely to employ more people than traditional fossil-fuels. Luminant could easily end this boondoggle and shut down all three of their large, old, dirty plants: Monticello, Martin Lake, and Big Brown. Texas has some of the best solar, wind and geothermal potential in the country. There is no reason, or excuse, for TXU to lay off any workers from any of these old plants, when the company could easily retrain them and invest in geothermal plants throughout that region. If these workers are abandoned it will be Luminant’s fault, not EPA’s.

These regulations should be seen as an opportunity for Texas to embrace renewable energy generation and to transition our power generation (and the relative jobs) to new facilities and programs that use this century’s technology, not last century’s. Luminant and Governor Perry should stop scapegoating the EPA and take responsibility for the health of the public and the future of energy generation in Texas. We Texans should do all we can to encourage and promote that kind of action.

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Bastrop Texas wildfires

Wildfires rage over Labor Day near Bastrop, TX, southeast of Austin


Our hearts, prayers and thoughts go out to the people currently evacuated and who have lost their homes this holiday weekend. I, myself, having gone through losing a home to fire I send my best to all of you affected, and have already contacting folks via our church to find out how we can help. I’ll post links as soon as I can get them to give directly to disaster relief. UPDATE: KVUE has a great list they are updating with where to donate. Please give what you can.

This puts into focus several things that have been ruminating in my head all weekend, and it all comes back to this one question– Why does Rice play Texas?  This weekend, two of our nation’s best universities met on the football field. And while both Rice and University of Texas can duke it out on relatively equal footing on the basis of academics, Rice is. . . shall we say, not the athletic powerhouse that Texas is. So, why does Rice always begin its football season with a drubbing of 34-9 (hey, tip of the hat for getting 9 points on the scoreboard– I guarantee there will be teas that do less this year), with the Owls now having lost 41 games out of the last 42 meetings to the Longhorns? And here the answer lies with the other goings-on of this long weekend.

It started with a bang and whimper as our Caver-in-Chief, President Obama, announced he would overrule both the Supreme Court in Whitman v American Trucking Associations and the EPA in pulling back on the agency’s interstate smog rule that has been in the works since the Bush Administration. As Prof of Law Lisa Heinzerling points out in an excellent post over at Grist called Ozone Madness, this decision is wrong based on the law, the science, the economics, and the transparency.

While the President is trying to, I’d assume, take what he sees as the high ground and compromise with those people who claim that these regulations kill jobs, the opposite is, in fact, true. These National Ambient Air Quality Standards, or NAAQS, are set by the Clean Air Act and, defined by the Supreme Court, are to be based on the best available science about what levels of pollutants are healthy for human beings (people like you and me) to breathe. Tea partiers and some of their corporate paymasters in the fossil fuel industry have been caterwauling that these rules will be “too expensive” to implement, and therefore shut down a lot of old, dirty power plants.

coal smokestacks polluteUmmmm.. . . yes, please? Couldn’t we, nay, shouldn’t we shut them down? Our best available science tells us these pollution sources are making us sick. We need these life-saving regulations to help all of the sick children, the elderly, and just the plain folks who  suffer from asthma and other respiratory disease. Count up the missed school days, the missed work days, the premature deaths– count how they hobble our economy. How can children compete in a global economy if they are missing days from school sick because they can’t breathe? How much work is done not on time? How much lost productivity have we hamstrung our economic engine with to cater to people who don’t know how to compete in a modern energy economy against cleaner forms of production? Because the new EPA rules won’t shut down all power plants, only those who can’t compete, who can’t run cleanly. And since there is also good evidence to show that these sorts of life-enhancing regulations actually help, not hurt,  the economy. It also rebuts the White House’s own stated position that they posted just one. day. earlier. that clean air helps the economy, preventing in this year alone:

  • 160,000 premature deaths;
  • More than 80,000 emergency room visits;
  • Millions of cases of respiratory problems;
  • Millions of lost workdays, increasing productivity;
  • Millions of lost school days due to respiratory illness and other diseases caused or exacerbated by air pollution.

So aside from the doublespeak and the just plain bad policy, it looked like the Obama Administration is also taking early steps to signal that they will approve the Keystone XL pipeline to bring the world’s dirtiest and most carbon-intensive source of oil on the planet to Texas Gulf Coast refineries, despite weeks of protests involving thousands of people and hundreds of arrests.

The impact on the climate if this is approved? Well, according to Jim Hanson, one of our top climate scientists, he called it “essentially game over.” Or, as Bill Paxton in Aliens put it:  (WARNING: NSFW for swearsies, including the dreaded f-dash-dash-dash word)

[youtube=http://www.youtube.com/watch?v=dsx2vdn7gpY]

Ok, well, all kidding aside because this is deathly serious, as in the fate of the planet’s climate, THIS is what Jim Hanson told climate protesters outside the White House just before he was arrested for his part in the protest.

[youtube=http://www.youtube.com/watch?v=Lii5Q-meoro]

Bill McKibben, environmental activist and one of the ringleaders of the several weeks long protest event, said this on Friday about how this is not the end of the protests, it’s only the beginning:

[youtube=http://www.youtube.com/watch?v=EcBCLXBzYLg]

These are serious stakes. “Game Over” stakes. What does that mean? Well, for climate, if you’ve liked the record-breaking heat this year in Texas, you’re in luck, as this could easily become the new normal with climate change. And with the heat, we’ve got the huge economic impacts of the drought. For farmers and ranchers, the Dallas Morning News is reporting a 5 billion dollar loss. Thats Billion with a B, folks.

So next time someone starts talking about how it’s “too expensive” to deal with climate change, do what the Violent Femmes say to do and “Add it Up.” (warning:song lyrics also NSFW because of those darn swearsies)  Loss from hurricanes like Irene, loss from this summer’s floods and tornadoes in Joplin, loss from drought, loss from wildfires, loss to the economy from dirty air (since hotter temperatures mean worse smog), and tell me that just continuing to do nothing and just putting more carbon into the atmosphere is potentially the most expensive thing we can do.

JFK speaking at Rice University

So, what does this have to do with Rice vs Texas? Well, what we have here is political expediency and taking the easy path instead of fighting for what is right. Regulations, regardless of their impact on a multinational corporation’s bottom line, save lives, and improve lives. This is what Ralph Nader fought for when he wrote Unsafe at Any Speed. Corporate whining and their record-breaking profits are not more important than people, and people’s’ rights to breathe clean air, or live in a stable climate. I, for one, am not willing to give up on Central Texas, and let this become the new normal for climate. When I first came to Austin, my literal first impression of the area was “I now understand why people were willing to die at The Alamo to protect this land.”


Decades ago, another President came to Texas to challenge a nation to go to the moon before the end of the decade, and asked an assembled crowd at Rice University the magic question.

“Many years ago the great British explorer George Mallory, who was to die on Mount Everest, was asked why did he want to climb it. He said, “Because it is there.” … But why, some say, the moon? Why choose this as our goal? And they may well ask why climb the highest mountain? Why, 35 years ago, fly the Atlantic? Why does Rice play Texas?

President Kennedy answered his own question:

“We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win.”

Climate change is the same challenge, which I previously hit on in another blog post where I also used this quote. It is certainly one we must be willing to accept, unwilling to postpone, and which we intend to win.

[youtube=http://www.youtube.com/watch?v=ouRbkBAOGEw]

But, most importantly, he notes that “But this city of Houston, this state of Texas, this country of the United States was not built by those who waited and rested and wished to look behind them. This country was conquered by those who moved forward.”

Let me take liberty with JFK’s speech where he talks about the need to build a space industry and replace it with a clean energy economy. “If this capsule history of our progress teaches us anything, it is that man, in his quest for knowledge and progress, is determined and cannot be deterred. The [creation of a clean energy economy] will go ahead, whether we join in it or not, and it is one of the great adventures of all time, and no nation which expects to be the leader of other nations can expect to stay behind in this race for [clean energy].  Those who came before us made certain that this country rode the first waves of the industrial revolution, the first waves of modern invention, and the first wave of nuclear power, and this generation does not intend to founder in the backwash of the coming age of [energy]. We mean to be a part of it—we mean to lead it.

Our economic torpor, our environmental problems, and yes, our hurricanes and droughts and wildfires, are ALL things we can solve if we are willing to take this same leadership role. Surely there will be pollution in the future, there will be recessions, there will be storms and droughts and fires– but they will NOT be supercharged by an ever-increasing blanket of carbon making our planet warmer and warmer. We must stop doing the same things over and over, relying on fossil fuels, and expecting different results. We must put our courage to the sticking place, and say that we will not allow the voices of a few, economically powerful and well-connected industries to wreak untold havoc on us and our neighborhoods.

You’ll notice, in JFK’s speech, he talks about the costs that a trip to the moon will require. He advocates not spending money recklessly, but in spending a large amount of money to win this challenge.

To be sure, all this costs us all a good deal of money. This year’s space budget is three times what it was in January 1961, and it is greater than the space budget of the previous eight years combined. That budget now stands at 5 billion 400 million dollars a year—a staggering sum, though somewhat less than we pay for cigarettes and cigars every year. Space expenditures will soon rise some more, from 40 cents per person per week to more than 50 cents a week for every man, woman and child in the United States, for we have given this program a high national priority—even though I realize that this is in some measure an act of faith and vision, for we do not now know what benefits await us. But if I were to say, my fellow citizens, that we shall send to the moon, 240 thousand miles away from the control station in Houston, a giant rocket more than 300 feet tall, the length of this football field, made of new metal alloys, some of which have not yet been invented, capable of standing heat and stresses several times more than have ever been experienced, fitted together with a precision better than the finest watch, carrying all the equipment needed for propulsion, guidance, control, communications, food and survival, on an untried mission, to an unknown celestial body, and then return it safely to earth, re-entering the atmosphere at speeds of over 25 thousand miles per hour, causing heat about half that of the temperature of the sun—almost as hot as it is here today—and do all this, and do it right, and do it first before this decade is out—then we must be bold

However, I think we’re going to do it, and I think that we must pay what needs to be paid. I don’t think we ought to waste any money, but I think we ought to do the job.”

President Obama will be giving a speech on jobs later this week. In it, I’d love to hear even a smidgen of the boldness and realism of Kennedy. I’d love for him to recant his statement on the EPA smog rule, and say that he will stop the Keystone XL pipeline, as it will only increase our dependence on oil when we need to be quitting it. But I doubt it.

But, it could be worse. We could be realistically thinking about electing as President of the United States someone who believes climate change is a hoax, that climate scientists are in it for the money, and the best way to run a state is to slash the budget of the Forest Service, the agency responsible for fighting fires in Texas, by $34 million– almost one-third of its budget– on the eve of one of the most destructive fire seasons ever. It is worth noting that during the sunset hearings on the Texas Forest Service I testified as to the need of the Forest Service to engage in extra forecasting as to what a climate-change-fueled fire season would look like and be prepared to fight it, so this is a little bit of a personal issue for me.

Apologies for the political birdwalk and the sniping at the two likely major-party candidates for the Presidency. What is clear is what JFK was talking about: we must do things like fight climate change not because they are easy, but because they are hard, and because they are a challenge we are willing to accept and unwilling to postpone. It is a fight we must win, it is a fight for our very existence as we know it here in Texas.

This Saturday my alma mater will be coming to Austin to play Texas, and as my BYU Cougars sit as 4.5 point underdogs against the Longhorns, they and we must remember that this is why Rice plays Texas. This is why BYU plays Texas. To challenge ourselves, and organize our best efforts to make us better. That is why Rice plays Texas. And that is ultimately why we must get our head in the game on clean energy and quit our addictions to fossil fuels and their campaign contributions.

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For updates on where exactly wildfires are raging in Texas, please visit http://ticc.tamu.edu/Response/FireActivity/

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TCEQ will soon be making some big decisions on how to implement reforms passed during the last legislative session, especially on its penalty policy–and your input is needed quickly:

  • Comments are due on August 30th

Last session, Public Citizen worked with a partnership, The Alliance for a Clean Texas (ACT), and thanks to the efforts of thousands of citizens who joined forces with ACT, the Texas Legislature made some very important improvements to TCEQ’s laws regarding enforcement policies and penalties for polluters.

Lawmakers raised penalties to $25,000 per violation and told TCEQ to minimize the economic benefit to polluters of breaking the law. Now, to make these new policies work, TCEQ commissioners must adopt rules that address:

  • The economic impact of decisions to pollute (The state auditor has previously found that fines are 1/8 of the economic value gained by violating the law.)
  • How to assess fines for repeat violators.
  • Whether to assess a separate fine to each permit violation or just one per overall incident, called speciation. (This can make a huge difference in the size of the fines and the incentive for companies to not pollute.)
  • Whether to put TCEQ’s enforcement policies into the rules or just adopt them as general guidelines. (Putting the policies into rule makes them stronger and harder for the TCEQ to let polluters off with inadequate penalties.)

Comments are due August 30th on these rules. To sign on to ACT’s draft comments, go here. You may also use them to develop for your own comments. You can find tips about writing comments here. Go here for the TCEQ Sunset Process hub on the ACT website.

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So far, there are nine candidates for the PUC Commission position that was vacated by PUC Chair, Barry Smitherman, when he resigned after being appointed by Governor Perry to the Texas Railroad Commission.   Included in the slate of candidates are attorneys, elected officials, and civil engineer.

The Public Utility Commission of Texas regulates the state’s electric and telecommunication utilities, implements respective legislation, and offers customer assistance in resolving consumer complaints.

Since the introduction of competition in both the local and long distance telecommunications markets and the wholesale and retail electric markets, the PUC has also played an important role in overseeing the transition to competition and ensuring that customers receive the intended benefits of competition.

The most recent person to throw their hat into the ring is Douglas Carter Davis, a senior policy adviser on redistricting to Lt. Gov. David Dewhurst and a former employee of Gov. Rick Perry.“I believe that my familiarity with the Governor’s philosophy makes me a unique candidate for appointment,” Davis wrote in expressing his interest in either being named a commissioner at the PUC or the Texas Commission on Environmental Quality.  His references include Dewhurst, Texas Agriculture Commissioner Todd Staples, and Sens. Kel Seliger (R-Amarillo) and Tommy Williams (R-The Woodlands)

Douglas Carter Davis

Attorney John Mark McWatters serves on the U.S. Senate’s congressional oversight panel for the $700 billion Troubled Asset Relief Program.  His wife is a vice president and general counsel at Holly Corp. and Holly Energy Partners LP.  His references include U.S. Rep. Jeb Hensarling and former Securities and Exchange Commissioner Paul Atkins.
Evin Lee Caraway III, is president and CEO of Worth Casualty Co., holds a law degree from Texas Tech University and has been named a “Super Lawyer” by Texas Monthlysix times.  His references include Todd Staples and former PUC Chair, Barry Smitherman.

E.L. Caraway

Candidate, attorney Kenneth Bruce Florence Jr. of Center lists among his accomplishments that he a member of the genius society called MENSA, has a pilot’s license and has practiced law in Kenai, Alaska.
Nelson Humberto Balido, president of the tri-national Border Trade Alliance, says he’s happy to fill a post “anywhere the Governor needs me!” Anywhere the Governor might need him included Secretary of State, Transportation Commission and Texas Tech Board of Regents.

Nelson Humberto Balido

Leander Mayor John D. Cowman, a  real estate broker, confessed to being delinquent on his federal taxes in 2006 but also noted that he began mowing yards at age 10 and grew up in California where he enjoyed surfing and playing baseball. His references include U.S. Rep. John Carter and state Rep. John Schwertner, both Republicans from Georgetown.According to the Leander Ledger, the Mayor is is currently under an investigation by Texas Rangers following a complaint filed with the district attorney for allegations of misconduct and corruption of a city official.

John D. Cowman

Sugar Land City Councilwoman Jacqueline Baly Chaumette, who previously was appointed a director of the Brazos River Authority by Perry.

Jacqueline Baly Chaumette

Comal County Commissioner Gregory Parker who authored a book entitled “Global Warming. . . Really?” (obviously a climate change denier, a trait Governor Perry has rewarded handsomely in the past) and speaks frequently about energy issues to Republican and Tea Party organizations.

Gregory Parker

And finally, J. Paul Oxer, a civil engineer and managing director of McDaniel, Hunter & Price, Inc., said he once participated in class action lawsuits against his former employer, Enron, seeking benefits and severance pay. He was also a high school valedictorian who pleaded no contest in 1973 in DeKalb, Ga., to a misdemeanor charge of theft by taking. He noted that his probation included no fine and no reporting requirement.He wrote about this charge on his application that, “Even though it occurred more than 37 years ago, I’m including this information in the interests of completeness and integrity in answering all questions,”

J. Paul Oxer

The information here was gleaned by the Texas Energy Report from 91 pages of records released to them by Perry’s office under the Texas Public Information Act.

Obviously we don’t have the entire file on these folks, but given the important mission the PUC plays in Texas and the little bit of information provided by the Texas Energy Report’s review of the candidate records, we are interested in who you might choose for PUC Commissioner if you were Governor.

[polldaddy poll=5434660]

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Seal of the United States Department of Energy.

Image via Wikipedia

Public Citizen today urged a U.S. Department of Energy (DOE) task force to prioritize the safety of water resources at contamination risk from hydraulic fracturing. Among the solutions Public Citizen proposed is repeal of the various exemptions the natural gas industry has received from federal environmental laws; the denial of drilling companies’ “proprietary” right to keep secret the identity of toxic materials they inject underground and an emphasis on improved outreach to affected communities.

The DOE’s Natural Gas Subcommittee should enact procedures to prevent water contamination around abandoned fracking wells, which has happened as fracking fluid and other contaminants have seeped into the groundwater. The public needs to be protected from chemically compromised water.

Just as worrisome, the hydraulic fracturing industry is exempted from elements of the Safe Drinking Water Act and the Clean Water Act. The subcommittee should persuade Congress to repeal these special exemptions, which limit the federal government’s ability to ensure that protection of water resources is prioritized.

The subcommittee also should make every effort to include the input of the people whose lives will be affected by fracking policies, instead of holding 75 percent of the public meetings in Washington, D.C. The public needs a voice in policies that will have an enormous impact on their homes, their water and their safety.

The DOE subcommittee and Congress should work together to ensure the health and safety of the public and the environment.

To read the comments sent to the DOE, visit: http://www.citizen.org/documents/DOEfrackingComments8.15.2011.pdf.

This is a reprint of a Statement from Tyson Slocum, Director, Public Citizen’s Energy Program

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The PUC wants to have a meeting at the end of August to try to figure out how to fix Texas’s experiment of a deregulated generation market, as we look like we are going to run out of energy during what could be ever increasing hot summers.
It seems the current market based behavior doesn’t send proper signals to companies to build new generation.
In addition our grid was designed to be almost completely isolated from the rest of the country so we cannot get help if its needed and available.
Generators use old, outdated generation to reduce costs and even turn off environmental controls to further lower costs at the expense of citizens health and to maximize profits.
The “new” market is based on scarcity pricing but if generation is truly scarce we have rolling blackouts, which are devastating to the economy and kill people.
Before deregulation the Utility commission would request new generation be built in a certain time frame and capacity and pay a preset profit margin to the companies that participated. They did the same thing with transmission lines and retail costs.
These are critical infrastructure needs and were protected from the swings of the financial and other markets. The process was covered under the term Total Resource Planning.
Now with the current heat wave and over a decade of deregulated markets we face the possibility that there will not be enough generation to meet the needs of Texas. We have many old and highly polluting plants that resemble the old steam locomotives of the 1800’s carting around a bin of coal to burn rocks and boil water. A larger amount of our critical infrastructure also consists of ancient natural gas “steamer” plants that are only run around 400 hours a year and are also highly polluting and have proven not to be very reliable but highly profitable.
Compare that to the newer generation of combined cycle gas turbines that resemble a jet engine and have several additional generators attached to it to recover the excess heat to generate even more energy with low stack emissions.
We have harvested significant amounts of non-polluting wind energy (coastal wind is over-performing expectations during the current crises) but the majority is located in just one region (West Texas) leading to problems of transmission congestion and generation variability. Some progress has been made on building wind projects in the areas along the Texas coast that provide energy much closer to the time that its needed, but more needs to be done.
Texas has made very little progress on adding an solar generation (that would provide energy when its needed most) because of a lack of policy leadership at the legislature and the PUC.

Now the PUC wants to tinker with the market to see if it can artificially raise the price of energy by using a “proxy” price as in “we will pay you more because our market system isn’t working, so pretty please build some new generators”.

This is a hell of a way to provide the resources that Texans need. Its time to get rid of the old smoking wreaks of generation plants that are carrying the load, sucking up our ever shrinking water supplies and fouling our air, and go to a controlled “regulated” modernized generation plan that uses all our resources with the least impact to our health, environment and wallets.
We used to pay a fair price for services delivered, now we just pay and hope the lights stay on.

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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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Seems like everyone is jumping onto the “Fracking” bandwagon. 

In an earlier blog we talked about the US Department of Energy’s entrance into the “Fracking” fray with Secretary Steven Chu appointing an Energy Advisory Board subcommittee on natural gas, led by former CIA director John Deutch, who plan to have recommendations on the table in the next few weeks.

The U.S. Environmental Protection Agency (EPA) is the other federal agency looking at the environmental impact of drilling for huge volumes of shale gas, but EPA doesn’t plan to release its initial findings until 2012 at the earliest. Nevertheless, this week they unveiled proposals to regulate air pollution from oil and gas operations, taking aim for the first time at the fast-growing practice of hydraulic fracturing.

Environmental activists say the regulations would mark the first significant steps taken by the EPA since 1985 to control harmful emissions released during production and transport of oil and gas, and the Texas Oil and Gas Association is already characterizing the proposed rules as an “overreach.”

The EPA’s suggested regulations fit into four categories, including new emissions standards for (1) volatile organic compounds (VOCs), (2) sulfur dioxide, (3) air toxics during oil and gas production, and (4) air toxics for natural gas transmission and storage.

The EPA expects the following emissions reductions would result if the new standards were fully implemented:

  • VOCs: 540,000 tons, or industry-wide reduction of 25 percent
  • Methane: 3.4 million tons, which is equal to 65 million tons of carbon dioxide equivalent, or a reduction of about 26 percent
  • Air Toxics: 38,000 tons, a reduction of nearly 30 percent.

Now Texas Railroad Commissioner David Porter has put together the Eagle Ford Task Force, whose top concerns include:

  • Protecting water resources while tapping into millions of gallons to help shake oil and gas out of tight shale formations
  • Waging good community relations via public education of how the oil and gas industry will operate in the area
  • Listening and working with concerns of locals citizens concerning noise levels and wear and tear on county roads and state highways
  • Developing a well-trained, technical workforce to fill thousands of entry-level jobs with starting pay of $60,000
  • Exercising stewardship over the area’s natural resources while balancing environmental concerns with cost-effective regulatory practices

Individuals named to the task force include:

  • Stephen Ingram, Halliburton Technology Manager
  • Brian Frederick, southern unit vice president of for the east division, Houston, of DCP Midstream, a gatherer and processor of natural gas
  • Trey Scott, founder of Trinity Minerals Management of San Antonio
  • Leodoro Martinez, executive director of the Middle Rio Grande Development Council, Cotulla.
  • Webb County Commissioner Jaime Canales, Precinct 4, Laredo.
  • Teresa Carrillo, Lone Star Chapter of the Sierra Club executive member and Eagle Ford landowner.
  • James E. Craddock, senior vice president of drilling and production operations, Rosetta Resources, Houston.
  • Erasmo Yarrito, Texas Commission on Environmental Quality, Rio Grande Water Master, Harlingen.
  • Steve Ellis, senior division counsel, EOG Resources, Corpus Christi.
  • Dewitt County Judge Daryl Fowler, Cuero.
  • Anna Galo, vice president, ANB Cattle Company, Laredo.
  • Mike Mahoney, Evergreen Underground Water Conservation District, general manager, Pleasanton.
  • James Max Moudy, senior client service manager, MWH Global, Inc., Houston.
  • Mary Beth Simmons, senior staff reservoir engineer, Shell Exploration and Production Co., Houston.
  • Terry Retzloff, founder, TR Measurement Witnessing, Campbellton.
  • Greg Brazaitis, vice president government affairs, Energy Transfer, Houston.
  • Glynis Strause, dean of institutional advancement, Coast Bend College, Beeville.
  • Susan Spratlen, senior director of corporate communications and public affairs, Pioneer Natural Resources, Dallas.
  • Chris Winland, Good Company Associates; University of Texas at San Antonio, interim director, San Antonio Clean Energy Incubator, Austin/San Antonio.
  • Paul Woodard, president, J&M Premier Services, Palestine.

 It will be interesting to see what kind of a production this cast of thousands puts on.

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US Department of Energy Secretary Steven Chu

US Department of Energy (DOE) Secretary Chu may play a role in sorting out the entangled mess of misinformation and spin about the environmental impacts of gas drilling.

U.S. gas producers are looking to ramp up industrialization in rural areas outside of some of the nation’s largest cities.  Secretary Chu has indicated that the White House has charged the DOE with helping to develop this industry, but in an environmentally responsible way, but no one knows what that looks like at this point.

The Obama administration enforcement of the Clean Air Act is pushing the oldest and dirtiest coal-fired power plants out of the nation’s electricity fleet. That means tapping and burning trillions of cubic feet of newly booked gas reserves is quickly becoming a de facto energy policy in the absence of federal policies designed to cut greenhouse gas emissions, and gas producers are hoping that gas will replace the coal burners.

Because of these “game changing” new gas discoveries near population centers in Pennsylvania, Texas and New York  have entered the public consciousness through environmental lenses, and the EPA coming under siege because of their new rulemaking on air quality, the DOE is looking to play a larger role.

U.S. energy debate around this industry is dominated by a fear that extracting this gas through “fracking” is too invasive and fouls air and water.

Impacted States and U.S. EPA have been searching for a balance that allows companies to expand their drilling operations, while government agencies craft policy that addresses public concern about contaminating water aquifers, toxic waste pits and air pollution.

The nation’s massive shale and tight gas reservoirs are spread across the Northeast; in the upper Midwest; under Texas, Louisiana, Oklahoma and Arkansas; and north into the Rocky Mountain region.

In May, Chu appointed an Energy Advisory Board subcommittee on natural gas, led by former CIA director John Deutch and which includes Daniel Yergin, chairman of IHS Cambridge Energy Research Associates, and Fred Krupp, president of the Environmental Defense Fund.

EPA is the other federal agency looking at the environmental impact of drilling for huge volumes of shale gas, but EPA doesn’t plan to release its initial findings until 2012 at the earliest. Chu’s panel plans to have recommendations on the table in the next few weeks.

Where DOE’s report will fit into the broader array of  investigations into the environmental pitfalls of the gas boom is hard to say.  Regardless, DOE’s authority is limited. Land and water management tied to gas production on private and state lands is left to state and local regulators.

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A report by the Tennessee Valley Authority’s (TVA) Office of Inspector General found that the groundwater at some coal ash sites is contaminated with arsenic and other toxic pollutants and is a health hazard.

Levels at the Gallatin plant site in Sumner County and at the Cumberland site, 50 miles northwest of Nashville, are at health-hazard levels.  Beryllium, cadmium and nickel levels are above drinking water standards at Gallatin, as are arsenic, selenium and vanadium at Cumberland and arsenic was found above allowable levels repeatedly in groundwater at TVA’s’ Allen coal-fired plant in Memphis.

Coal ash, once considered harmless, has been shown to contain a variety of heavy metals in low concentrations that can leach into drinking water sources and pose “significant public health concerns,” an Environmental Protection Agency (EPA) report has said.

Currently, the EPA is evaluating rules for coal ash waste as a pollutant.  If the EPA regulates coal ash waste, it could have a much greater effect on many coal-fired plants in Texas coming into compliance than the new air quality rules will have.

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Lights. Camera. Help is a nonprofit film festival dedicated entirely to nonprofit and cause-driven films.  This 3-day event held in Austin Texas, July 28th through July 30th, gives films-for-a-cause the attention they deserve by putting them up on the big screen in a theater setting.  One of the films, On Coal River,  showing at Lights. Camera. Help. is of particular interest to the community in Austin interested in energy.

We sometimes forget that turning on a switch at home affects people on the other side of the country or in other countries, and not necessarily in a good way.

Coal River Valley, West Virginia is a community surrounded by lush mountains and a looming toxic threat. ON COAL RIVER follows a former miner and his neighbors in a David-and-Goliath struggle for the future of their valley, their children, and life as they know it. Ed Wiley once worked at the same coal waste facility that now threatens his granddaughter’s elementary school. When his local government refuses to act, Ed embarks on a quest to have the school relocated to safer ground. With insider knowledge and a sharp sense of right and wrong, Ed confronts his local school board, the state government, and a notorious coal company’ Massey Energy’ for putting his granddaughter and his community at risk.

This film will be showing at the festival on Saturday, July 30th Saturday, sometime during the festival hours of 3pm – 6pm at t he The RGK Center for Philanthropy and Community Service  located at 2311 Red River Street – Free Parking in lot on Red River.  Single day passes are $13.00 and are available for Thursday, Friday, and Saturday, but only holders of the festivals exclusive three-day pass, which is $28.00, get in to all screenings, events, and after parties!

Film Summary and Trailer of “On Coal River” http://lightscamerahelp.org/2011/films/386-on-coal-river

To learn about other selections at the festival this year: http://lightscamerahelp.org/2011/selections

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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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Scorching temperatures continue to bake half the country, as a massive heat wave that has killed at least 22 people nationwide this week leaves twenty-nine states still under a heat advisory.

Meteorologists are also warning folks in numerous cities in the northeast that they are under a code red for air quality — designated as unhealthy for all people.

This exacerbates the health risks associated with this heat.  People in areas with high heat and poor air quality need to take care to avoid sunburn, heat exhaustion, heat stroke, and breathing the air (especially if they have respiratory problems – such as chronic obstructive pulmonary disease or COPD, emphysema, or asthma).

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Texas Railroad Commissioner Barry Smitherman, appointed to his new post exactly one week ago, received the Conservative Republicans of Texas’ (CRT) first endorsement of the 2012 political season on Friday.

Formerly the chairman of the Texas Public Utility Commission (PUC), Smitherman was appointed last Friday to the Railroad Commission by Gov. Rick Perry to fill the vacancy left by Michael Williams, who is running for U.S. Congress.

Smitherman spent his last seven years at the PUC, is a former Harris County Assistant District Attorney and also worked in public finance for Bank One, JP Morgan and Lazard Freres.

The CRT praised Smitherman, among other things, as a “pro-life” candidate, even though the Railroad Commission regulates the Texas energy industry and has no public policy duties regarding reproductive health, including elective abortions.  They went on to tout him as a champion of the free market and a pro-family, pro-business conservative.

If this is indeed how it plays out, then it is business as usual at the Railroad Commission and fracking operations will flourish in Texas, regardless of the harm it does to adjacent communities.

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Yesterday, Public Citizen spoke before the Department of Energy subcommittee tasked with natural gas drilling and outlined the key steps needed to properly oversee the process of fracking. We are calling on the subcommittee to recommend closure of many loopholes that create regulatory exemptions for fracking.

Please join us in urging the DOE to regulate this risky process by signing on to our public comments.

Click here to read our earlier post about environmental advocacy around “fracking” at the national level

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Here’s some great news! With EPA tightening the standards for coal plant emissions, Energy Future Holdings, the parent company of Luminant (formerly TXU) and the major electric power provider for much of North and West Texas, is considering how to respond to new federal clean-air regulations.  Yesterday they announced they will mothball 3 coal plants in Northeast Texas.

In a filing with the U.S. Securities and Exchange Commission, the company said it was looking at all options including other shutdowns or slowdowns, as well as seasonal or temporary shutdowns, and the option of installing scrubbers to remove sulfur dioxide from plant emissions, or even switching fuels to fire the furnaces that generate the steam used to generate electric power.

This will significantly improve air quality and the health of people that live near the plants and downwind.  The company is concerned about the expense of controls that would be needed for these old and dirty plants.

CPS Energy in San Antonio is already planning to mothball and then retire Deely 1 & 2 coal plants for the same reasons.

Blue skies smiling at me,
Nothing but blue skies do I see

Ozone days, all of them gone
Nothing but blue skies from now on

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