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Archive for the ‘Toxics’ Category

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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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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Keystone XL

TransCanada's map for the proposed pipeline.

While the Department of Energy took a step towards cutting the emissions of the state by approving a Carbon Capture and Storage project for Texas which will start early next year, a nasty tar-sand Pipeline is set to penetrate through Texas land and be completed by late 2011. The first segment of the line which extends from Alberta to Illinois has already been completed and will be functioning next month. The second segment (Texas and Oklahoma) of the Keystone XL line will be built by the Canadian oil and pipeline company, TransCanada.

The line will end in Houston, where the crude oil will be refined. In addition to the fact that pipelines are not the safest to be around as we saw a couple of them blow up just in the past week, the line will carry tar-sands, one of the dirtiest sources of oil. This source of oil is estimated to have as much as three times more emissions than other oil sources when produced, keep in mind that it will be refined in Houston, a city that is already in non attainment of federal air quality standards.

TransCanada also applied for a special permit to build the line thinner than what the standards require. The segment already built in Illinois was approved for using a thinner pipe, a method which the United Steelworkers had warned last year that it “would increase the risks of ruptures, leaks and spills and lessen pipeline safety by the use of thinner pipe and greater operating pressure.” State Department approval for the Texas-Oklahoma segment is pending.

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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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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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Wolrd Oceans Day logo - because oceans should be clean not full of oil from BP spills in the Gulf of MexicoWorld Oceans Day has been celebrated unofficially since 1992, and officially since December 2008 when the UN formally recognized it. Organized by The Ocean Project and the World Ocean Network, this holiday celebrates our oceans which bring us clean air, clean food, and clean water- that is, until April 20. The explosion at BP’s Deepwater Horizon drilling rig has, if you choose to believe the ‘official government estimate’, leaked somewhere between 12,000 and 19,000 barrels of oil into the Gulf of Mexico each day. And scientists fear we will be living with the effects of this disaster for decades.

According to MSNBC.com, Bill Mott, the director of the Ocean Project said, “it’s terrible disaster and it’s raising awareness around the country and the world about the ocean’s fragility to a large extent.”

If you want to show our oceans a little more love than they have received over the past few months, here are some ideas:

Stop by the Smithsonian Ocean Portal to learn About 5 Simple Things You Can Do For The Ocean.

Visit Change.org for Ten Ways To Honor World Oceans Day.

Find events near you organized by the World Ocean Project.

ALSO:  Several groups are gathering for makeshift vigils tonight around the country to celebrate World Oceans Day and mark the 50th Day since the Deepwater Horizon explosion that began this catastrophe.  The vigil in Austin will be at 1005 Congress Ave, just a block or so south of the Texas Capitol.

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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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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 other shoe has finally dropped.

Back in September 2009, we let you know how the EPA had issued rulings that condemned TCEQ’s air quality permitting practices. And today, the EPA stopped asking nicely and took some action.

From the Houston Chronicle:

Objecting to how Texas regulates air pollution, the U.S. Environmental Protection Agency said Tuesday it is taking over the issuance of an operating permit for a Corpus Christi refinery and could step in at some 39 other major facilities across the state.

“I think the writing will be on the wall — unless we start seeing better permits that address our objections, we are very likely to begin federalizing others,” EPA Regional Administrator Al Armendariz said in a telephone interview. “The state is not following federal Clean Air Act requirements.”

At issue here is the process TCEQ uses to permit new industries that contribute to air pollution.  Specifically, these are called “flex permits” and have been roundly criticized by environmentalists and others for being insufficient in protecting human health and safety from dirty air.  During the Bush Administration, the EPA turned a blind eye to these practices, but now are finally giving TCEQ and flex permitting the scrutiny they deserve.

Of interest here is the Sunset Review process that TCEQ will undergo this year and next, giving the Legislature the opportunity to reform the state agency. With EPA showing they are not going to allow the loopholes that flex permitting creates, it is time for TCEQ and lawmakers alike to sunset these specific practices and go about permitting new facilities based on things like… oh, the Clean Air Act.  Because if TCEQ won’t, it certainly looks like EPA will.

Now if only EPA will ask TCEQ to regulate or at least measure emissions of greenhouse gases like the Texas legislature asked TCEQ to do and which they have promised to do in the past?

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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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What is happening? Black blood continues to ooze, pump, and explode into the Gulf. B.P., the Coast Guard, and the U.S. military are powerless to stop its wave of utter, incomprehensible destruction. Bigger than the Exxon Valdez spill. 100,000 or 200,000 or 500,000 gallons a day for going-on three weeks; an amount we will never be able to imagine. Canyons of crude death. Generations of flora, fauna, and ecosystems erased. Gone. For good.

And everybody shrugs their shoulders and talks about the costs. Everybody asks, “what was the cause?”

Does it take an engineer to explain why sucking the marrow out of the earth is a deadly process?

Now, today, a tanker truck exploded at a San Antonio refinery loading dock. Firefighters are struggling to control the blaze, spending most of their efforts to prevent the fire from spreading to the jet fuel and diesel storage facilities. Fire Chief Charles Hood does not sound optimistic.

The coal mine explosion in West Virginia. The coal carrier crash at the Great Barrier Reef. The burst pipeline in the Louisiana National Wildlife Refuge. The BP platform explosion and leak – the most devastating fossil fuel catastrophe in decades, perhaps ever. The TVA Kingston slurry damn failure just over a year ago in Tennessee (one of the worst disasters in history). The dozens of other “minor” accidents involving the harvesting of coal, oil, and natural gas.  And, now, today, here in Texas, the latest explosion in humanity’s mad pursuit of 19th century fuel.

What does it all mean? Why do these things keep happening? What are YOU going to do about it?

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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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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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Support the EPA’s proposal for a stricter ozone pollution standard

Join us for an important public hearing at Arlington City Hall, 101 W. Abram St, Arlington, TX. For more info check out http://www.cleanairtexas.org

Texas has the potential to be at the forefront of the green economy and the Environmental Protection Agency’s (EPA’s) proposed new ozone pollution standard would clean up our air, protect our health and improve our quality of life. A stricter ozone standard would put Texas on the path to a cleaner, greener future.

The final decision by the EPA will affect the quality of the air we breathe for decades to come and it is a decision that depends on your input and your support. Your voice can influence the outcome. (more…)

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Rice farmers in Matagorda County, Texas have united to stop the development of the White Stallion “clean” coal plant in Bay City. As Heather Menzies reported in the Bay City Tribune, local farmers have formed action groups with Public Citizen Texas’ Ryan Rittenhouse and Tom “Smitty” Smith to rally public  opposition to the plant’s extensive environmental hazards and intensive water usage.

The coalition plans to write and call state Senators Glenn Hegar and Joan Huffman in order to demand that their community’s interest be protected. If built, the coal plant will consume a substantial portion of the remaining water supply from the river basin. If there isn’t enough water, the rice farmers won’t get any, and there won’t be a rice crop. And when the Lower Colorado River Authority is already prepared to declare the 2009 drought the worst in 50 years, should significant water supplies be given to new coal plants?

Yet many local politicians and candidates feel that the coal plant’s construction and operation will create much needed jobs in a county that is starving for economic development.  On Wednesday, February 10th, the State Office of Administrative Hearings will began adjudicating the contested air permit case of White Stallion Energy Center, LLC. The hearing offers another case indicative of the greater fight against fossil fuel industries that money and muscle their way to booming profits at the expense of everyone. (more…)

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Earlier this week the Environmental Protection Agency held a public hearing on a newly proposed rule to strengthen federal ozone standards. A coalition of environmental and public health advocates called Clean Air Texas rallied in support of the new rule, which would improve air quality across the state and make our communities healthier.  Over a hundred citizens presented their comments to the EPA in support of the new, stronger rule — more than the EPA has seen at a public hearing in years.  Public Citizen was on hand to give comments and capture the stories of concerned citizens that came to the hearing, check out the videos below to hear what folks had to say!

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Also check out this video of the press conference to hear what matters most about the ozone rule from activists with Kids for Clean Air, Public Citizen, the American Lung Association, Health Professionals for Clean Air, Sierra Club,  and the Galveston-Houston Alliance for Smog Prevention. The lead image is acting a little funny, but the video will still show up, I promise

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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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TODAY is our National Coal Ash Day of Action –  please ask the White House to allow the US EPA to finally regulate coal ash as the hazardous waste it is. Currently, coal ash is less regulated than household trash!  This toxic waste stream has never been regulated and that must change, now.

1.  Please send an email to President Obama:  http://www.whitehouse.gov/contact

2.  Call the White House:
  • Comments: 202-456-1111 – leave a message
  • Switchboard: 202-456-1414 – talk to an operator
  • FAX: 202-456-2461

This toxic waste is often stored in wet, slurry impoundments  like this TVA one that failed just over a year ago in Tennessee. Such facilities post the risk of catastrophic failure – the TVA disaster was labeled one of the worst environmental disasters in history by the EPA. Toxic sludge can leech and runoff into nearby watersheds over the course of years, contaminating the ecosystem. The ash is also sometimes stored in dry landfills, as is often the case in Texas. While these landfills don’t pose the same catastrophic risk of slurry impoundments, they still contaminate the environment through leeching, runoff and by the wind blowing the toxic dust off the piles.

It is extremely important that Texans call in because Texas tops the list of states at risk from coal combustion waste. The coal industry is attempting to get dry-ash landfills exempted from new regulations – and most of the coal ash in Texas is stored in this fashion. It is the same, exact, toxic substances in both storage facilities, the only difference is whether or not you mix it with water. ALL coal ash waste MUST be regulated as the hazardous waste it is. (more…)

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Right now the EPA is accepting public comments on proposed new ozone standards that will make the air we breathe cleaner and our communities healthier, but they are facing fierce opposition from the coal industry and its allies. The Houston EPA hearing on new ozone standards is one of only three across the country (the other two are in Virginia and California), so this is a big deal!

Can you join us for an important EPA public hearing on hazardous ozone standards in Houston on February 2nd?

The final decision by the EPA will have an impact on our air quality for decades, but they need to hear from you.

Who: The EPA and you, your friends, family and neighbors.  There will be carpools from around the state.

What: EPA public hearing on proposed revision of the ozone standard which would improve the air quality in Texas

Where: Hilton Houston Hobby Airport, Moody Ballroom, 8181 Airport Boulevard, Houston, TX 77061 (map)

When: Tuesday, February 2, from 9:30am – 7:30pm (or later if there are still people waiting to testify!)
– 10:45am: Morning press conference/rally
– 6:30pm: Evening rally with speakers

RSVP!

Texans deserve standards that follow the law and abide by the Clean Air Act.  There are twelve new coal plants proposed in Texas, and we already have 17 coal plants up and running (some of the dirtiest in the country).  We deserve better.

Thanks for all that you do!

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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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Great editorial in the Dallas Morning News this weekend. We couldn’t agree more 🙂

Editorial: Texas, a state of denial on pollution rules

To the surprise of no one, the Environmental Protection Agency announced tougher ozone limits this week. The move to tighten pollution standards had long been anticipated as evidence mounted to illustrate the serious health risks associated with smog exposure.

In Texas, a state with notoriously dirty air, the appropriate response from leaders would be to get to work. Significant changes must be made to comply with federal rules – not to mention, to protect the people who live here.

But instead of getting started, too many state leaders just got angry. They seemed shocked – shocked! – that the EPA would dare abide by the science showing significant consequences of allowing a less stringent standard.

Gov. Rick Perry stuck with his three-pronged approach to environmental regulations: deny, deflect, pout.

In his statement, the governor denied the need for tougher ozone limits, somehow conflating smog rules with carbon dioxide regulations and suggesting that flawed science spurred this week’s announcement.

In fact, scientists have found that ozone exposure damages our lungs and is linked to heart and respiratory illnesses. Smog can be deadly. By lumping ozone standards in with climate change legislation, Perry only confuses the issue.

The governor also deflected suggestions that the state has less than pristine air. He focused on Texas’ modest anti-pollution efforts, ignoring the fact that our skies are still dangerously dirty.

And Perry pouted, arguing that the EPA has made Texas workers and taxpayers a target. Some of Perry’s allies have echoed that idea, asserting that the new administration has been hostile to the state.

The EPA is not picking on Texas.

The same pollution standards will apply to every state. Inhaling smog-choked air is a dicey proposition, no matter where folks live.

Admittedly, complying with the new rules will be tougher for Texas than many other states. That’s because years of plugging our ears, closing our eyes and pretending that new pollution rules weren’t looming did not leave Texas in a state of preparedness.

Implementing the lower ozone limits will come at a cost. But, the EPA notes, the new rules should yield comparable savings by reducing illnesses, emergency room visits and lost work days resulting from ozone-related symptoms.

The state now must get started on a serious ozone reduction strategy. Deny, deflect, pout doesn’t seem to be working.

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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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