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Archive for the ‘Sunset’ Category

A new direction for energy efficiency in Texas

Posted in Efficiency, Energy, Global Warming, Good Government, Sunset, tagged , , , , on August 5, 2010 |

Today, Public Citizen and Environmental Defense Fund sent a letter to the Legislature calling on them to support the creation of a new state agency dedicated to efficiency. I tend to think in the problem-cause-solution framework about public policy issues so here’s the short version:

Problem: Energy efficiency languishes in Texas after years of progress.  Indeed, the way Texas oversees its efficiency programs is ineffective, and ironically, inefficient.

Cause: There are at least five and potentially six state agencies that are involved in efficiency programs. They do not coordinate with each other. Many state employees probably do the same job. Meanwhile, the PUC  fails to pass strong energy efficiency goals and they do not recognize energy efficiency as a pro-consumer and pro-business investment.

Solution: Consolidate all state efficiency programs into an entity that could independently review, approve and assess the current PUC and other state programs.

For the full letter sent to the Lege, click here.

What you can do about it: Call, email, your State Rep. and Senator. Tell them it’s time for energy efficiency reform. We can make it work better for all Texans.

-Matt

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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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Texas sends Hot-headed letter to EPA on CO2: partisan political ploy at its worst

Posted in Global Warming, TCEQ, tagged , , , , , , , , , , , , , , , on August 4, 2010 |

At a time when in much of the US we are facing the most significant heat waves in decades, global temperature averages have shown 2010 to be the hottest year ever in recorded history, the National Oceanic and Atmospheric Administration / Climactic Data Center just released its most comprehensive report on climate change which may as well have been called “It’s Real and It’s Here: NOW!”, and droughts, heatwaves, and wildfires are causing Armageddon-like conditions around Moscow, causing even the global warming denying Russian government to capitulate to the scientific consensus…..  Even with all of that, it would seem like an odd time for the state of Texas to send a shot across the EPA’s bow, insulting them and goading them into a fight over Texas carbon emissions and the Clean Air Act.

But yet they have.

Monday August 2nd the state of Texas sent a letter to the EPA (original can be downloaded here) informing them that we would no longer be complying with the Clean Air Act, specifically provisions relating to the regulation of greenhouse gases.  This letter signed by Attorney General Greg Abbott and TCEQ Commissioner Bryan Shaw is full of bluster and short on reasoned legal arguments with any real merit.

Famous painting of Ukrainian Cossacks writing a triumphant and bawdy letter to the Turkish Sultan after the Cossacks defeated his army

What it really remind me of is one of my favorite paintings, Запорожцы пишут письмо турецкому султану or, Zaprozhe Cossacks Writing a Letter to the Turkish Sultan by Ilya Repin.  (For comparison’s sake, I would highly recommend following that link to read the text of the Cossack’s letter– it has language saltier than anything else I’ve heard this side of South Park)  I just can’t help think of the unabashed joy that must’ve coursed through the veins of the Atty General and TCEQ Commissioner as they drafted this, using phrases like (more…)

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Why Jeopardize Our Health for Dirty Energy Jobs when there are Clean Energy Jobs to be had?

Posted in Coal, Efficiency, Energy, Global Warming, green jobs, natural gas, Renewables, solar, TCEQ, tagged , , , , , , on July 7, 2010 |

It is frustrating that our local and federal governments are strained from taking action to ameliorate our air and water quality because once they try to do so, the other side recites loss in jobs as the result– but never do they mention any public health concerns and the effect that has on the economy. (more…)

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TCEQ Decides That Regulating Pollution Isn’t Their Job

Posted in Air Quality, Global Warming, Good Government, TCEQ, Toxics, tagged , , , , , , , on July 1, 2010 |

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.

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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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TCEQ Continues to Fail the People of Texas

Posted in Coal, Energy, Global Warming, TCEQ, tagged , , , , , , , , , , , , , , , , , on June 30, 2010 |

The TCEQ ruled today on the air permit for the proposed Las Brisas pet-coke plant in Corpus Christi. The good news is they didn’t grant the permit (yet), instead they remanded the permit back to the State Office of Administrative Hearings on a number of issues. However, they refused to acknowledge some of the most important aspects and requirements of the process (like a case-by-case analysis of the hazardous air pollutants) and practically ignored the recommendations of the administrative law judges and even their own staff – who have all recommended that this permit be denied.

TCEQ should have sent Las Brisas packing – they should have outright denied this joke of a permit, or at the least made them restart the permitting process from square one. Instead we have the same old story from TCEQ. They have shown once more that their primary interest is to allow industries to pollute irresponsibly and not, as it should be, to protect the people and environment of Texas from unnecessary pollution.

The video below is of the press conference held yesterday, which also talked about revisions to water quality standards – another mistake TCEQ is in the process of making. Visit Sierra Club’s website for more on that. Stay tuned to Texas Vox for more info on the Las Brisas case – the video footage of today’s proceedings will be up by tomorrow and will include responses from the protestants in the case including locals from Corpus Christi.

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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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EPA disapproves Texas “flex permitting” program at TCEQ- new programs must follow Clean Air Act, transparency standards

Posted in Energy, Good Government, TCEQ, Toxics, tagged , , , , , , , , on June 30, 2010 |

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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Things to know about the TCEQ air-permitting controversy

Posted in Good Government, Sunset, tagged , , , , , , , , , , on June 16, 2010 |

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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HEARING ON NUKE DUMP NOW SET FOR SATURDAY

Posted in Nuclear, TCEQ, tagged , , , on June 11, 2010 |

At a time when lax regulatory oversight has contributed to such catastrophic problems for our nation as the financial crisis and the BP oil spill, Texas may be in the process of setting itself up for a fiscally disastrous and environmentally catastrophic future – all because of a vote by an appointed committee taking place out on the dusty, lonely edges of West Texas.

The hearing on plans to expand the low-level radioactive waste facility in Andrews County, that was postponed last month because of the volume of comments for official review, has been rescheduled for Saturday, and opponents of the facility are stepping up their opposition. (more…)

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White Stallion Town Hall Meeting

Posted in Coal, Energy, Global Warming, TCEQ, Toxics, tagged , , , , , on June 11, 2010 |

This footage is of the town hall event that was held in Bay City in April. Though invited, White Stallion representatives refused to show up to answer questions from the public. Some Bay City officials, including Mr. Owen Bludau of the Matagorda Economic Development Corporation and Judge Nate McDonald did attend to voice their positions and to answer questions that pertained to them. This footage is for public/educational use and may be duplicated and distributed freely by all.

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EPA Hearing in Dallas on New Ozone Standard

Posted in Global Warming, TCEQ, tagged , , , , , , , , on June 11, 2010 |

Video footage of a public meeting back in March for the Dallas, TX region. EPA has proposed a new NOx attainment standard, and this meeting was held during the comment period. Though an official EPA meeting had been held in Houston, there was no official meeting for Dallas (where Region 6 offices of EPA are located) so a number of environmental groups got together to host and sponsor this event. The last video is of some folks who didn’t speak at the event itself but who wanted to submit video comments to the EPA. The event was sponsored by Public Citizen, Sierra Club, Texas Campaign for the Environment, Downwinders at Risk, and other individuals and environmental organizations. Rep. Lon Burnam presided over the entire meeting and was joined throughout by Mayor Cluck of Arlington, TX and other representatives and officials, including one from the TCEQ.

Press Conference

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Texas’ Political Culture Protects ‘Economic’ Interest Over Environment

Posted in Campaign Finance, Energy, Global Warming, Good Government, green jobs, Renewables, TCEQ, Toxics, tagged , , , , , , on June 7, 2010 |

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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False Claims by the TCEQ Meet Growing Support for the EPA

Posted in Sunset, TCEQ, tagged , , , , , , on June 7, 2010 |

The battle between the TCEQ and the EPA is still making headlines, and, at least according to the headlines at the Houston Chronicle, the environmentalists have gained the upper hand!

TCEQ and EPA have been battling in the headlines, as shown by this Google News search

TCEQ and EPA have been in the headlines, as shown by this Google News search

With the looming possibility that Al Armendariz, regional EPA administrator, will take over all of Texas air quality permitting, as they have already done in the case of 39 Texas polluters, the strong opposition that Bill White is presenting to Rick Perry in the race for Texas Governor, and (don’t forget!) the sunset review of the TCEQ coming up in December, the TCEQ is in trouble.

“This has been brewing for about 15 years, ” our own Tom “Smitty” Smith told the Houston Chronicle.  “But what’s happening now is you’ve finally have [sic – Houston Chronicle’s error, not Smitty’s, btw] an EPA administrator who’s got enough guts to stand up to the polluters.”

According to that same article, the fight, which started in response to the TCEQ’s issuing of flexible air quality permits in violation of the Clean Air Act, could potentially escalate from permitting to all environmental regulations.  But with growing magnitude and environmental support comes growing backlash.  Former TCEQ commissioner and now environmental advocate, Larry Soward, worries that the legislature will join forces with the governor to fight off the EPA.

Governor Perry and those siding with him are standing strong behind the argument that the EPA is wrongfully expanding federal control over an issue that they originally delegated to the state and that this action will hurt the Texas economy.  TCEQ chairman Bryan Shaw claims that the fight has already begun to affect Texas economically, and Attorney General Abbott and state agriculture commissioner Todd Staples agree.

Politifact decided to factcheck Staples, and his statement that:

“The EPA’s regulation would directly impact thousands of Texas businesses and cost real jobs. Companies that will be endangered in Texas include 575 dairy facilities, 58 swine operations, 1,300 corn farms. No industry is more threatened than the cattle industry. If this rule is implemented, an estimated 28,000 beef cattle operations in Texas will fall under EPA regulation.”

According to Politifact, this is absolutely FALSE.  The EPA ruled last week that farms will not be subject to these regulations, as (more…)

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Get Involved in the Texas Sunset Advisory Commission’s Review of the TCEQ

Posted in Coal, Energy, Global Warming, Good Government, Sunset, TCEQ, tagged , , , , , , , , , , , , , , , on June 2, 2010 |

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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