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Archive for the ‘Good Government’ Category

This is Andy checking in from Vegas and Netroots Nation: sheesh, we leave Texas for a few days and the wheels start to come off the bus, don’t they?  Of course, our fearless and tireless leader, Tom “Smitty” Smith is there to handle everything, as he has done for the last 2 and a half decades.

This ran in today’s Texas Energy Report, but want to give all of our Public Citizen Texas members and followers a taste if you’re not a subscriber to the Energy Report.

Tom Smitty Smith, Director of Public Citizen TexasSMITTY: TWO CITIES TOOK OPPOSITE PATHS IN SELECTING UTILITY GM

An Op-Ed by Public Citizen’s Tom “Smitty” Smith.

The recently announced new general managers for Austin and San Antonio couldn’t be more different, and may have huge economic repercussions for both cities.

Austin has chosen Larry Weis, a “green” general manager from Turlock, California, Irrigation District. San Antonio’s CPS Energy has chosen Doyle N. Beneby Jr., from Exelon Corp. While Mr. Weis opposes nuclear power due to its costs, Mr. Beneby comes from a utility that has the largest nuclear assets in the country.

The process that each city underwent in selecting their new managers stands in stark contrast with one another. Austin announced its finalists over a month ago and invited the public to question the candidates.

CPS kept its candidates secret. In light of this lack of information, I am left to wonder what San Antonio’s fate will be given the recent track record of Exelon. Could Mr. Beneby signal the re-nuclearization of San Antonio or does he represent a future of renewable energy and green power?

Although San Antonio is still reeling from the trebling of cost of expanding the South Texas Nuclear Project, the CPS board has chosen someone from Exelon, which has tried and failed to buy NRG Energy, CPS’s partner in the nuclear expansion project, while simultaneously trying to develop another nuclear plant near Victoria.

While Exelon does have a mix of fossil fuel, hydroelectric, solar, landfill gas and wind generation sources, it only amounts to a meager 7 percent of its generation assets. The other 93 percent is nuclear.

Since the public was not privy to the public utility’s selection process, we are left to speculate what Beneby ‘s plans are. (more…)

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On Thursday, July 15, the House Energy and Water subcommittee is scheduled to vote on $25 billion in loan guarantees for new nuclear reactors in the FY2011 Energy and Water Appropriations bill. Only last month, the House passed $9 billion in nuclear loan guarantees in the 2010 Supplemental Appropriations bill (it has not yet passed the Senate). Together with the Department of Energy’s existing nuclear loan guarantee authority, the US taxpayer’s burden would be tripled to an enormous $52.5 billion.

The additional $25 billion in nuclear loan guarantees comes at the behest of Rep. Chet Edwards (D) to fund two proposed reactors at Comanche Peak in his district in Texas.  The proposed new reactors have an uncertified and untested design, and are years away from licensing approval. There are also two reactors proposed for the South Texas Project site in Bay City, Texas.  

Putting another $25 billion into costly, economically risky and polluting new reactors will be at the expense of solving climate change with clean, renewable energy and efficiency.  Call or email your Representatives today and tell them that these subsidies are unacceptable! 

(Find out who represents you at http://www.fyi.legis.state.tx.us)

Feel free to use this message or edit as you’d like:
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Dear Representative __________________,

I am writing to urge you to oppose $25 billion in additional nuclear loan guarantee authority in the FY2011 Energy and Water Appropriations bill.  Given the nuclear industry’s inability to reduce the soaring capital costs of new reactors, assure the safety of its technology, or resolve radioactive waste storage issues, burdening U.S. taxpayers with tens of billions dollars of additional liability for new reactors is irresponsible.  

The Department of Energy currently has over $10 billion in unallocated existing authority. The House has passed an additional $9 billion in nuclear loan guarantees in its 2010 Supplemental Appropriations bill. Together, this would triple the nuclear loan guarantees to a massive $52.5 billion. Many of the proposed new nuclear projects even have designs that are certified.

Moreover, according to a recent Governmental Accountability Office (GAO) report, the DOE’s loan guarantee program does not even have a way to evaluate whether the program is meeting its goals.  GAO also found that DOE has provided preferential treatment to nuclear applicants that it has not given to renewable and efficiency applicants.  Additional nuclear funding will only exacerbate these structural problems.

Please oppose an additional $25 billion in nuclear loan guarantees in the FY2011 Energy and Water Appropriations bill.  US taxpayers should not be expected to bail out yet another industry.

Sincerely,

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Anthropogenic global warming (AGW) deniers went crazy a few months ago with an email controversy involving the University of East Anglia in Britain. Joining an earlier finding by the House of Commons, a British panel has just issued a sweeping exoneration of all scientists involved. Climatologist Phil Jones was immediately reinstated in his position at the research unit (he had “stepped aside” during the investigation proceedings). Check out the New York Times for more info.

AGW deniers will likely spin this any number of different ways, probably including something along the lines of “the entire British government is simply in on this vast, global conspiracy of man-made global warming!” Why? Because the hysteria over AGW denialism is not based on science and facts – it is based on preconceived world views , propaganda and self-interests.

The truth has always been, and remains, that the overwhelming majority of climate scientists agree AGW is real and likely one of the greatest threats mankind has ever faced. There is a vast amount of scientific research and study from many different fields of science that confirm AGW, and no evidence coming out of the scientific community that anything else could account for the changes we are seeing in our climate.

This war against science is led by large fossil-fuel corporations and their sponsored think-tanks who want to defer their accountability and responsibilities for as long as possible. In light of the BP Gulf spill the time has finally come when all people on this planet, even staunch, right-wing Americans, need to join in solidarity and move our country and our planet away from a fossil-fuel reliant economy and forward into an energy future based on renewable energy and social justice.

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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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"You Have Won Second Prize in a Beauty Contest" says this Community Chest card from the board game Monopoly

Did YOUR Legislator win 2nd prize in any beauty contests? Find out in their personal financial disclosures.

Texas Tribune has just published their list of Texas Personal Financial Statements: 2009, in which you can search for the personal financial statements of over 3,000 Texas officials and political candidates.  Why not look up your representative or senator, your favorite  TCEQ commissioner, the governor, perhaps?  You will be able to see the source of the paychecks they are bringing home and what investments or gifts they might have which create any impropriety.

All of this is thanks to the Texas Public Information Act, under which they bravely requested all of these disclosures and then went through the arduous task of scanning and uploading them.

Top MenEDITOR’S NOTE: What? You thought Texas might provide these types of records in an electronic format to begin with? Or that legislators and candidates would be able to file electronically? Almost makes you wonder why they want this information trapped on paper instead of an easily parse-able format, eh? Cut to scene from Raiders of the Lost Ark with giant warehouse where Indiana Jones is promised “top men” will be looking into the ark… ~~AW

Texas Tribune, Burnt Orange Report and the Hank Gilbert campaign are all already making issues out of information in personal financial statements of former Houston Mayor and Dem gubernatorial nominee Bill White, Governor Perry and Ag Commissioner Todd Staples, respectively.

Texas Tribune doesn’t have the time to sift through all of these, so they’re asking their readers to help them out– check out what you can and if you see something, let us know and let them know.

To save you the trouble, here is the link for Rick Perry’s: http://www.texastribune.org/library/data/texas-personal-financial-statements-2009/?appSession=532163143824315

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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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After a several hour closed-door meeting between the two remaining candidates for Austin Energy’s General Manager position and some of Austin’s best environmental, energy, and consumer advocates, all of the groups represented came to the same conclusion: neither of these candidates was a right fit for Austin.

In fact, former City Councilwoman Brigid Shea told reporters that “Mr. Wright is wrong for Austin” and that they had hoped our nationwide search would produce “major league” candidates to fit with Austin’s leadership on energy and community issues.  “No offense, but these guys are more minor league.”

You can see the entire video here of their press conference, led by Public Citizen representative Cary Ferchill:

YouTube:

[youtube=http://www.youtube.com/watch?v=VcXDk-fXEYk]

Vimeo:

[vimeo 13016093]

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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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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]

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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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Child using inhaler because of dirty airThe EPA announced today that Texas’s much-discussed and derided flex permitting program does not follow the federal Clean Air Act (big surprise  </sarcasm>).  This was an action that began when the EPA under George W. Bush called into question the transparency and efficacy of the program which allows big polluters to skirt the federal Clean Air Act.  From their press release:

EPA is disapproving the permit program after determining that it allows companies to avoid certain federal clean air requirements by lumping emissions from multiple units under a single “cap” rather than setting specific emission limits for individual pollution sources at their plants.

“Today’s action improves our ability to provide the citizens of Texas with the same healthy-air protections that are provided for citizens in all other states under the Clean Air Act.,” said Al Armendariz, Regional Administrator.  “EPA will continue working closely with Texas, industry, environmental organizations, and community leaders to assure an effective and legal air permitting system.”

We’re chiming in on this, with a joint press release from the Alliance for Clean Texas (ACT), where you can go to read the full press release.  Here’s the highlights: (more…)

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So he’s sorry he was sorry. Joe Barton, District 6 Congressman, apologized yesterday for his publicity stunt of an apology to BP where he equated the $20 billion aid fund to a shakedown. He claimed that his comments over being ashamed of the White House were misconstructed, as in constructed badly, kinda like that leaky oil well huh there Joey? *pause for laughter*

Republicans and Democrats immediately condemned Barton for his remarks and Representative Jeff Miller (R-Florida) called for Barton to resign as the ranking Republican on the House Committee on Energy and Commerce. When asked whether he planned to stay put on the committee, Barton responded:

“Damn straight.”

It’s clear that he was wrong in saying what he said, but what exactly inspired this self righteous act of disregard for the victims of the BP oil spill? Cash money you silly goose. Duh! Barton agrees that BP should be held responsible for their “bad accident” but only if it doesn’t involve funding aid to repair the lives and economy it has destroyed. Of the top 20 ranking industries contributing to Joe Barton’s campaign, oil and gas rank #2 at a grand total of $100,470.

As a matter of fact, October 15, 2010 marks the 7th Annual Barton Family Fishing Trip in beautiful Islamorada, Florida (that means purple island by the way). Current oil trajectory maps show that Islamorada will not be affected by the oil spill wait for it…YET. I guess we’ll just have to see if this party and the Gulf of Mexico’s tourist industry is still on in a few months.

For those of you who just won’t accept that Barton’s apology was fueled by campaign contributions there is another possibility. After all BP is a British based company with its headquarters located in London. Many wonderful things have hopped the pond and made life in the United States a little bit better. Maybe Joe Barton apologized to BP because he was afraid of incurring their wrath and in a vengeance driven rampage BP would snatch those wonderful things away. Because I don’t know about you but I love Harry Potter, and the Rolling Stones and The Office so we should listen carefully to how sorry BP actually is before we start holding them accountable for the safety and construction oversights that caused this tragedy:

[youtube=http://www.youtube.com/watch?v=vAnsA96JK6Y]

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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 and we’re not sorry about it.

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Background: What the controversy is all about
On May 25, 2010, the US Environmental Protection Agency (EPA) barred the Texas Commission on Environmental Quality (TCEQ) from issuing a permit to a refinery in Corpus Christi. EPA said that the process used to justify that permit violated the Clean Air Act.  EPA’s Region 6 Administrator, Al Armendariz, also stated that the EPA would block future permits and force polluters to comply with EPA standards if the TCEQ did not change its rules. On June 14th, EPA announced it was taking over the process for two additional air-quality permits

At issue are two types of air permits used in Texas – one known as a “flex permit” and one known as a “plant-wide applicability limit.” In both cases, instead of issuing permits that limit pollution from each individual point-source (e.g. a smokestack), TCEQ limits pollution for entire facilities, allowing operators to emit more pollution from one stack if another stack was emitting less. Studies indicate that there would be greater emission reductions if limits were done on a stack-by-stack basis.

These permits make enforcement extremely difficult at vast petrochemical and refining facilities. They also fail to protect people from emission clouds that can occur as a result of letting one stack emit more than would be allowed under the Clean Air Act.

Suppressed reports add fuel to the fire
The flex permit controversy had been brewing for some time as EPA and TCEQ battled behind closed doors, secretly playing a game of chicken with air pollution regulations. Meanwhile, another controversy was broiling beneath the surface in Fort Worth.  Elected officials from the area felt they were getting the run-around from TCEQ when they asked whether natural gas drilling and processing on the Barnett Shale was putting residents’ health at risk.

On June 1st, TCEQ admitted they had failed to divulge (i.e. suppressed) reports showing elevated benzene levels in the area.  In a statement, Mark Vickery said TCEQ “missed an opportunity” to “bolster their confidence in the quality of the air.” In reality, TCEQ knowingly presented inaccurate air-quality information to leaders and decision makers for months. Soon after, TCEQ admitted that 3 additional air-quality reports had not been made public. (more…)

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It was a bit surprising that the EPA finally has taken a stand against the TCEQ’s practices of giving “flexible permits.” Prominent Texas politicians including the governor criticized the action taken by the EPA and once again, Gov Perry used a very important local issue to launch his attacks on the Federal government as part of his re-election campaign. “I don’t understand the federal response of coming in to the state that should be the poster child, should be the model for this country,” Perry said last week at a news conference. He was also quoted by the Houston Press saying, “Last week, the federal government sent the very clear message that it seeks to destroy Texas’s successful clean air program and threaten tens of thousands of good Texas jobs in the process.”  Perry’s claims that our air permitting program is successful is equally as dubious as his claims that we are the poster child for clean air.

Perry’s comments came at the same Texas Congress-members criticized Obama’s decision to issue a moratorium on deep-water drilling for a period that can take longer than six months. Some Congress members, who rank among the highest contribution receivers from the oil and energy industry in general, mentioned that jobs will be affected if such regulation was to take place, “”It’s exactly the wrong decision,” said Joe Barton, a Republican from Arlington, “It’s going to raise unemployment, and it’s going to raise oil prices.”

One must question the sincerity of such comments and whether they truly are accurate or not. The Dallas Morning News in an articled called “Texans in Congress say drilling support not tied to campaign donations” showed records that were obtained from Center for Responsive Politics that show how many contributions were received by Texas Congressmen:

CONTRIBUTIONS TO TEXANS IN CONGRESS

SOURCE: Center for Responsive Politics

A look at oil industry donations to members of Congress from Texas:
Member Oil/gas industry donations Rank*
Sen. Kay Bailey Hutchison $2.1 million 1
Sen. John Cornyn $1.6 million 3
Rep. Joe Barton, R-Arlington $1.4 million 1
Rep. Mike Conaway, R-Midland $651,718 1
Rep. Pete Sessions, R-Dallas $642,864 2
Rep. Kay Granger, R-Fort Worth $612,807 1
Rep. Ralph Hall, R-Rockwall $529,468 3
Rep. Kevin Brady, R-The Woodlands $445,697 1
Rep. Randy Neugebauer, R-Lubbock $440,772 1
Rep. John Culberson, R-Houston $423,561 1
Rep. Chet Edwards, D-Waco $409,698 9
Rep. Sam Johnson, R-Plano $393,700 3
Rep. Lamar Smith , R-San Antonio $391,147 2
Rep. Gene Green, D-Houston $374,113 5
Rep. Mac Thornberry, R-Clarendon $351,480 1
Rep. Louie Gohmert, R-Tyler $257,063 3
Rep. Jeb Hensarling, R-Dallas $232,650 10
Rep. Solomon Ortiz, D-Corpus Christi $220,432 2
Rep. Pete Olson, R-Sugar Land $216,300 1
Rep. Ted Poe, R-Humble $208,450 3
Rep. Michael McCaul, R-Austin $207,734 6
Rep. Michael Burgess, R-Lewisville $195,246 3
Rep. Ron Paul, R-Lake Jackson $178,632 17
Rep. Sheila Jackson Lee, D-Houston $173,525 6
Rep. John Carter, R-Round Rock $164,150 5
Rep. Henry Cuellar, D-Laredo $157,350 4
Rep. Charlie Gonzalez, D-San Antonio $143,500 7
Rep. Kenny Marchant, R-Coppell $139,750 1
Rep. Rubén Hinojosa, D-Mercedes $98,084 9
Rep. Ciro Rodriguez, D-San Antonio $96,500 13
Rep. Silvestre Reyes, D-El Paso $83,350 12
Rep. Lloyd Doggett, D-Austin $51,730 n/a
Rep. Eddie Bernice Johnson, D-Dallas $32,875 n/a
Rep. Al Green, D-Houston $26,400 13
NOTE: Tally includes donations from political action committees and individuals starting in 1989, for the lawmaker’s first year in office if later than 1989.
* Rank indicates where the oil industry ranked among the top industries to donate to a lawmaker. N/A means the oil industry wasn’t among the top 20 givers to that lawmaker.

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These numbers are staggering and if you want to bet that those massive contributions don’t alter or affect the decisions of those politicians, I have some beachfront property in Arizona I’d like to sell you. (more…)

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The TCEQ granted a permit to re-open the ASARCO foundry over protests of staff, residents of El Paso, and local leaders. Luckily, the EPA intervened and stopped it.

You’ve probably heard by now.  The TCEQ has failed to adhere to the federal Clean Air Act, jeopardizing our health, our safety, and the quality of our air. This is why, on Tuesday, May 25, the EPA took over the TCEQ’s authority to grant clean air permits for 40 facilities across the state of Texas, most notably the Flint Hills Resources’ crude oil refinery near Corpus Christi.

The TCEQ has failed to fulfill its promises to the federal government and the citizens of Texas, whom it is supposed to protect.

The Sunset Advisory Commission is a 12-member body appointed by the Lieutenant Governor and the speaker of the house to identify and eliminate waste, duplication, and inefficiency in government agencies. Every 12 years, over 150 government agencies are reviewed for potential changes and improvements in their responsibilities and operations. And since the review of Texas Commission on Environmental Quality, the TCEQ, is quickly approaching, we’re getting organized!  Will you join us for a call next Thursday, June 10th at 6pm CT?

From the Alliance for Clean Texas:

The Alliance for a Clean Texas (ACT) will launch its 2010-2011 TCEQ sunset campaign with a conference call next Thursday, June 10th at 6:30 p.m. All Texans committed to protecting our state’s environment and health are invited to participate in the call.

ACT is a coalition of organizations and individuals around the state working together to make this a milestone year for environmental protection in Texas. The Texas Commission on Environmental Quality (TCEQ) is currently under review by the Texas Sunset Advisory Commission. Now is the time to turn our concerns about how TCEQ does and does not do its job of protecting our environment and our health into real, lasting reform.

In the last week, TCEQ has been at the center of two major stories about the Texas environment. The EPA has finally taken action to bring TCEQ air permitting back into compliance with the federal Clean Air Act–a move opposed by the TCEQ commissioners. And Fort Worth is reeling with the news that (more…)

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Cap Metro’s hearing at the Sunset Advisory Commission on Tuesday wasn’t the public flogging many might have expected, given the mass transit authority’s myriad problems over the past several years. It came as a shock to no one as Sunset staff delivered testimony that centered on the financial crisis the transit authority faces. Several commissioners, however, none of whom represent Austin, were surprisingly engaged and cognizant of recent reforms at Cap Metro and gave them credit for their responsiveness to the Sunset Commission’s Staff Report which recommended several changes ranging from financial management to labor contracts to rail safety.

For those who have not followed the story from the beginning (include me in that), Cap Metro’s Sunset review began with the passage last session of Sen. Kirk Watson’s (D-Austin) SB 2015. The bill was co-sponsored by Rep. Eddie Rodriguez (D-Austin). In addition to calling for the review “as if the authority were scheduled to be abolished”, it changed the structure of the Cap Metro board and called for another review in 2016. (more…)

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Take a look at this op-ed submitted by Public Citizen, EDF, and Sierra Club as commented upon by Burnt Orange Report

The scales of justice may tip toward monied interests

File under “hugely important issue to everyday Texans that most of us know nothing about.” Three prominent pro-citizen activists have been working hard to draw attention to a proposed rule change by the Supreme Court of Texas that would actually increase the ability of anti-consumer special interest groups to influence legislation and regulation here in Texas. SCOTX has proposed allowing lobbyists and special-interest groups to meet privately with state agencies before companies file applications for permits. In other words, Big Money will be able to enter through the back door and make sure they get their approval before the public even knows what’s going on.

This comes at a time when lax regulation and enforcement have led to an unprecedented oil spill in the Gulf of Mexico, when TCEQ has all-but-refused to follow EPA standards, and when state environmental agencies are refusing court orders to provide lawmakers with documents about the very back-door deals the SCOTX is trying to make fair game.

To read more, 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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Busy, busy, busy. Public Citizen staff have been making the rounds this week, traveling all over Texas in order to educate, empower, and organize citizens. From Beaumont to Dallas. From tar sands to the Public Utility Commission, we are working to protect the economic and environmental well-being of all Texans.

The Week in Review: (more…)

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An eye opening story from KHOU earlier this week gave more insight into what’s the matter at TCEQ.  It’s worth your 5 minutes to watch the entire thing but here are the highlights:

Valero installed a pollution scrubber to create lower sulphur fuels in one of their Houston refineries.  The problem? According to TCEQ staff, the scrubbers actually create MORE local pollution, and to add insult to injury, the vast majority of the lower polluting fuel gets sold in California and New Jersey.

But Valero still wants a tax break specially designed for technology that lowers LOCAL pollution for installing this scrubber.  Because the tax cut would be retroactive, this would mean Houston area taxpayers would be on the hook to make up the deficit.  That means either a tax hike or layoffs for teachers, firefighters, and police. (more…)

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