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Posts Tagged ‘Air Quality’

Public Citizen and Area Legislators Urge State to Deny Air Pollution Permit

HOUSTON – Area legislators joined Public Citizen this week in urging environmental agencies to deny the White Stallion coal plant its air permit because if built, the facility would degrade air quality in Houston.  The emissions from this proposed power plant would exacerbate the problem of smog in the Houston-Galveston-Beaumont region, which already is in violation, or “non-attainment,” of federal ozone standards and may soon have to meet higher standards as the result of a new proposal to strengthen the federal ozone rule

“The proposed White Stallion coal plant would harm the health of the people of Matagorda County, degrade the environment, and stifle economic development and tourism throughout the region,” said Ryan Rittenhouse, coal energy analyst with Public Citizen’s Texas office. “We are pleased to see Texas legislators step up to protect our citizens, the environment and Texas’ economic future.”

White Stallion’s air permit hearing before the State Office of Administrative Hearings begins today and will last through Feb. 19. That office will make a recommendation to the Texas Commission on Environmental Quality (TCEQ).

The air pollution permit is the first step; the project still will need a wastewater permit from the TCEQ and an additional permit from the Army Corps of Engineers.

If granted an air permit, White Stallion will increase emissions of nitrogen oxide (NOx), the principle component of ozone, by more than a third in Matagorda County, where the plant will be located. That translates to more than 4,000 tons per year of NOx that would blow into the Houston area, dramatically increasing ozone levels in the non-attainment region.

“The proposed White Stallion coal plant will be less than 17 miles from the Houston/Galveston non-attainment region. Coal plants such as this one are one of the largest, individual sources of smog-forming pollutants,” said State Rep. Ana E. Hernandez (D-Houston). “Particularly in light of new EPA ozone standards, why should we allow a coal plant to be built on our doorstep? It will only make it that much harder for us to clean up Houston’s air pollution.”

Last year, the Environmental Protection Agency (EPA) ruled that the TCEQ has not been adhering to the Clean Air Act in its issuance of new air permits, but the TCEQ has failed to change its permitting process.

For this reason, Texas legislators, including Reps. Hernandez, Jessica Farrar (D-Houston) and Kristi Thibaut (D-Houston), sent appeal letters this week to Dr. Al Armendariz, regional administrator of the EPA, urging the agency to step in and provide much needed guidance and oversight to the TCEQ. Their letters asked that the White Stallion power plant not be given an air permit to begin construction until the EPA ensures that constituents will receive the full public health protections of the federal Clean Air Act.

“I urge TCEQ and the EPA to deny the permit authorizing the White Stallion coal plant to be built in Matagorda County. Texas’ air quality must be improved for the good health of every Texan. The goal of clean air and clean water can be obtained by a commitment to reducing air contaminants,” Farrar said.

Despite the fact that a new coal plant could hinder Houston’s ability to meet federal regulations, the TCEQ refuses to predict or consider air impacts that are outside the non-attainment region. In fact, the TCEQ executive director filed legal briefs arguing that evidence showing White Stallion would contribute to ozone problems in the Houston area is irrelevant to the decision of whether to grant the White Stallion air permit. The TCEQ similarly refuses to consider cumulative impacts when granting an air permit, such as the fact that the 30-year-old Parish coal plant is only 50 miles northeast of the White Stallion site and also within the Houston/Galveston non-attainment region.

White Stallion would also pull 36,000 acre-feet of water from the Colorado River every year. Increased activity from the two barges required to deliver coal every day would contaminate the water with toxic runoff and erode the embankments.

The proposed plant would be located along a 100-year floodplain and would store coal ash waste on site. In the event of extreme weather, that toxic waste could easily wash into public waterways.

“The proposed White Stallion coal plant would dump thousands of tons of toxic pollutants into our air and water every year, when this region is already in non-attainment for clean air,” Thibaut said. “Furthermore, construction of this plant would remove 36,000 acre-feet of water each year from the Colorado River, which serves many drought-stricken areas of our state. As the elected representative for thousands of my constituents who would be affected, and as the mother of a small child, I cannot stand by as our air and water quality are further eroded.”

If the project is granted its air permit, advocates still have a chance to challenge the permit in state court and to reform the TCEQ through the sunset review process.

“The TCEQ is one of a number of state agencies that are about to undergo sunset review at the Texas Legislature. The sunset commission has the power to reform this agency and insist that any permits issued in the future adhere to the Clean Air Act,” said Tom “Smitty” Smith, director of Public Citizen’s Texas office. “With this process, Texas has the opportunity to ensure that the health of Texans and their environment are protected more than the profits of energy corporations.”

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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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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!

[youtube=http://www.youtube.com/watch?v=vfiNk_19tgk]

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

[vimeo 9206598]

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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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Last Thursday Austin Energy General Manager Roger Duncan briefed Austin City Council on the utility’s Resource and Climate Protection Plan.  This plan is the culmination of 18 months of input from the public, the creation of a generation resource task force of various stakeholders to review various energy plans and make recommendations, and support and input from both the Electric Utility Commission and the Resource Management Com­mis­sion — but it still isn’t the end of the line for the plan.  The generation plan will also be the subject of a city-wide town hall meeting February 22nd, and city council is expected to vote on some version of it in March.

The energy plan that Duncan (who will be retiring soon and we wish him the very best) presented  sets Austin on a path to reduce our carbon emissions 20% below 2005 levels by 2020 and get a total of 35% of our energy from renewable resources. It will meet council’s renewable energy goals, move Austin Energy towards becoming the leading utility in the nation in terms of clean energy and global warming solutions, and re-affirm the city’s commitment to the Climate Protection Plan, which has the laudable goal to establish a cap and reduction plan for the utility’s carbon dioxide emissions.  It is a flexible, living document that will allow council to evolve and adapt as conditions change. AND it will reduce the capacity factor of our Fayette Coal Plant to 60% and gets the ball rolling on figuring out the best way to shut it down(which you know makes me happy). Sounds like a pretty sweet deal, doesn’t it?

As we’ve come to expect over the years from our award winning utility, Austin Energy is taking an especially responsible and forward-thinking role with this new plan.  I’ve formed this opinion for a few reasons:

  1. They’re adopting aggressive renewable energy and efficiency goals as part of a larger, smart business plan.  Austin doesn’t need a new generation plan because we’re going to be strapped for energy by 2020; Austin Energy could rest on their laurels and do nothing for the next ten years and we’d be fine buying up excess energy on the open market as its power purchase agreements expire and gas plants age.  But if they did that, by the time 2020 rolled around Austin would be way behind the technological curve and very likely be stuck with higher rates as a result.  Austin Energy has picked up on the national trend that the traditional fuels we rely upon, such as coal, are quickly becoming financial liabilities even as solar and wind are becoming more and more cost effective.  This plan will allow the utility to reposition itself  for 2020 going forward so that in ten years we will have made the preparations necessary to take full advantage of the coming clean tech boom rather than be left scrambling and dependent on outdated energy sources.
  2. Austin Energy and the task force that helped formulate this plan were very careful to balance considerations of reliability, affordability, and clean (in terms of the environment and human health).  The city has the responsibility to make sure that everyone who lives here can afford their utility bills.  It doesn’t do any good to make the switch to a new clean economy if we do so on the backs of those that can least afford it.  But that couldn’t be farther from the case with this plan; this isn’t green for some, this is green for all.  Compared to other options, this plan will minimize the impact for those least able to pay their electricity bill, supports in-house economic development and the hiring of local contractors, and ensures that everyone will have a chance to play a role in moving our city and economy forward.  There’s been a lot of focus and attention on the utility’s estimate that the plan will raise rates in 2020 by approximately 22% or $21 a month, but what’s missing from that discussion is that even if Austin Energy doesn’t do anything between now and 2020 rates will go up by 15% or about $14 a month.  So do the math — for an extra $7 a month in ten years, we can build up a clean local economy that minimizes impacts on low-income consumers and creates avenues to new employment opportunities, improves public health, AND puts Austin in a prime position to start lowering rates by taking advantage of cheap renewable energy. OR we can save families $7 a month compared to today on their utility bills but lose out on new jobs and leave every citizen in the city of Austin at the mercy of high fossil fuel costs and coming federal regulations on greenhouse gas emissions.  Austin Energy is not only looking at what is most affordable now, but what is most affordable in the long term. Coal may be cheap and reliable energy now, but depending on it in the long term will get us into trouble in terms of cheap and affordable in 2020.
  3. Austin Energy is not only reaching for the low fruit of emissions reductions and energy efficiency, they’re building high-tech ladders to get at the really juicy stuff at the top of the tree. Let me explain. There are a number of ways Austin Energy could go about reducing emissions.  The easiest of these would be to buy renewable energy credits, or RECs. RECs and offsets are in essence a mechanism for utilities, businesses, and governmental bodies to pay someone else to clean up and still get the credit for it.  They’re a good and have a positive influence on society at large because they do encourage clean energy investment and development, but not necessarily in a nearby community (in fact almost certainly not).  It might be easier in the short run to pay someone else to be clean up, but then we miss out on all the delicious creamy gravy that comes along with renewable energy development.  If you buy RECs you don’t get new jobs and businesses in your community.  If you buy RECs your own people are still breathing the same amount of pollution.  But Austin Energy is taking the initiative to really get at the heart of the problem by cutting the amount of pollution coming out of the smokestacks we own.  For that, they should be applauded.

This is just my own personal take-away from listening to various people discuss the recommendation plan and hearing Roger Duncan’s presentation to council. You can learn a lot more about the process and final recommended plan by visiting AustinSmartEnergy.com or CleanEnergyforAustin.org. Join us after the jump for some fast facts on the various components of the plan, but for the real nitty gritty check out Duncan’s own powerpoint presentation.

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Check out the video and op-ed below by some of our Clean Air Texas coalition partners about the hearing in Houston tomorrow on the EPA’s new proposed rule to strengthen ozone standards. I’ll be at the hearing tomorrow, along with Ryan Rittenhouse, to represent Public Citizen and interview folks from around the state who’ve come to speak up for clean air.  If you plan on attending the rally, look for us and tell us your stories!

[youtube=http://www.youtube.com/watch?v=1iCUHsJA4as]

It’s Time to Weigh in on Smog Limits

Imagine this conversation between a mother and child:

“Mommy, can we go outside and play?”

“Not today, dear, it’s just not safe.”

Most of us growing up in Texas didn’t wait for our parents to check an air quality report before venturing outside in the summer. But things have changed. Today, we know that rising temperatures bring rising ozone levels and as summer arrives we’re forced to restrict outdoor activities to limit harmful exposure.

Still, no matter how hard we try, we just can’t hide from poor air quality. We’ve got to clean it up.

That’s why we are encouraged that the Environmental Protection Agency is proposing new limits on ozone “smog” pollution to protect human health. On Tuesday, the EPA hosts an all-day public hearing at the Houston Hobby Hilton to get your feedback on these proposed stronger standards.

Why should you care about ozone? Ground-level ozone triggers asthma attacks, sends children to the emergency room and can even kill. It’s a serious health threat — especially in states with warmer climates like Texas. When our abundant sunlight and heat “cook” our equally abundant emissions from traffic and refineries, it forms — you guessed it — too much ozone. (more…)

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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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Today Texas environmentalists, legislators, and medical practitioners wait with bated breath for an announcement from the EPA about a new air quality standard for ozone pollution.  The proposed rule would strengthen the Bush administration’s ozone standard, which did not meet scientific scrutiny or standards to protect public health. Now that scientists have demonstrated that ozone is harmful at lower quantities than previously thought, the EPA will announce a revision to their ozone rule so that the threshold of ozone concentration where cities enter “non-attainment,” or violating the rule, is lower.

Three major metropolitan areas in Texas are already in non-attainment of the less-protective standard: Dallas/Fort Worth, Houston/Galveston, and Beaumont/Port Arthur.  As a result of the new rule and lower threshold, several other areas could now be in risk of non-attainment: Austin, Tyler/Longview, San Antonio, Corpus Christi, and Waco.  Reaching non-attainment status has some serious consequences for cities, such as losing federal highway funds.

In August of this year the new rule will go into effect, after which time the Texas Commission on Environmental Quality (TCEQ) will submit a State Implementation Plan (SIP) to the EPA.  The SIP plan will more or less be a road-map to stay within the new standards and drastically reduce ozone pollution.  The SIP is really where the good news comes into play, because to stay in line with higher standards Texas will need new pollution controls, clean energy alternatives and transportation choices.

Oh, Santa, you shouldn’t have!  This is a much better gift than the coal we got in our stocking in the form of the Oak Grove Coal plant going on-line just days before the new year!

But there’s also a chance that this new ozone standard could ALSO give us a new opportunity to stop the coal rush.  Pollution from coal plants is one of the largest single sources of ozone, so a really awesome super-smart SIP plan could potentially give us the chance to review existing clunkers and gum up the works for new plants. Oh I hope I hope I hope!

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By promoting cleaner energy, cleaner government, cleaner cars, 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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Now that the ball’s dropped, toasts made, fireworks popped and black eyed peas consumed, we’re feeling reflective today.  Faced with that eternally annual question, “Should Auld Aquaintance Be Forgot?“, I’m moved to such mental poetry as “Heck no, this year was too much fun!”

We’ve had a hell of a year here at Texas Vox.  In such a short span we’ve gone from a humble policy blog, primarily read internally and by our own interns, to stake our claim as a top climate and energy blog in the state, with a national and even international reach.  And you, dear citizen-readers, are not the only ones to take notice: from responses we’ve received over the year it is clear that we’re also on the radar of agency commissioners, legislators, city council members and even the office of the governor.  Not too shabby for 12 month’s time, and an exciting place to be as we enter a new decade and crucial political time.

So here’s the first segment of our “Year in Review” series: the Top Texas Vox Stories of 2009.

1. Energy Citizens

Remember when, way back in August, your intrepid friends at Texas Vox boogied down to Houston to crash the American Petroleum Institute’s astroturf “Energy Citizens” rally?  This was the first of several rallies across the nation that API staged to make it look like there was a strong, ground-up movement against a federal climate change bill.  But it turned out that the event was more of a company picnic than a grassroots campaign; they blocked our entry and wouldn’t even let in the “real” anti-cap and trade grassroots, as organized by folks like Freedomworks — no American flags either! But never fear, your own Citizen Sarah was able to sneak past their burly guards and interview a few of these so-called Energy Citizens — who we found out say the darndest things (like that they don’t really know much of anything about the climate and energy bill and are there because or their employers)!

API’s antics didn’t end in Houston, either — in North Carolina, they even locked out the state representative of the district where the rally was held! After a few more rallies, it quickly became clear that on top of being funded by the American Petroleum Institute and stocked with energy company employees, the majority of them were also organized by oil-industry lobbyists. But by that point, no one was buying API’s story anymore.  Way to bust ’em, Netroots!

2. The 2009 81st Legislative Session

Activists had high hopes for the 2009 81st Legislative Session.  With the new Obama administration, fear of pending federal climate legislation, and a new Speaker of the House to break the Craddickocracy, it seemed almost certain that good bills would pass to move Texas closer to a clean energy future.

Two weeks into the session, Public Citizen Texas’ legislative package (which included such lofty goals as significant climate change legislation, a major update of state energy efficiency programs, a non-wind renewable portfolio standard (RPS), and a bill to create incentives for solar power) was in the best shape it had ever been, and the session looked to be one of the most productive in history.  At this point, all of the bills Public Citizen’s Texas office supported had made it out of committee, been passed by either one chamber or the other, and had made it out of Calendars committee and were scheduled for debate.

Unfortunately, the vast majority of our legislation was calendared behind an incredibly contentious Voter ID bill which would have required Texas voters to present a valid driver’s license to vote.  In order to block this bill, House Democrats adopted the “chubbing” tactic — talking bills to death — to avoid getting far enough down the bill list to have to vote on the Voter ID bill.

This stalling technique cut five days from the end of the session deadline and killed a tragically long laundry list of bills that were scheduled after Voter ID.  As an example, SB 16, an omnibus air quality bill which would have provided funding for TERP, plug-in hybrids, and a diesel emissions reduction plan, was directly after Voter ID on Calendars.  Our solar incentives bill was also on the same page, and the non-wind RPS bill was scheduled to be discussed the following day.  It was a very disheartening end to an otherwise shining legislative session — kind of like a great interception and full field run that ended in a trip just shy of the 1 yard line.

But there were still some great victories in there. These major wins included:

  • Funding for the Texas Emissions Reduction Program (TERP) for areas in non-attainment status of the federal Clean Air Act (CHB 1796)
  • A carbon dioxide registry to address the state’s contribution to global warming (CHB 1796)
  • A “green fee” bill allowing the governing board of public colleges and universities to institute an environmental service fee (once approved by student body election)
  • A bill to create municipal solar districts that would allow local governments to provide low-cost loans to consumers to install solar on roofs (HB 1937)
  • A “no regrets” strategy for greenhouse gas reduction in the state.  This bill will require the State Comptroller to examine the state’s energy use in order to find ways to reduce our emissions and save money at the same time (SB 184)
  • A green fleets bill to promote low emissions and plug-in hybrid vehicles for fleets of major state agencies (HB 432)

For the full text, all-green-groups wrap-up number, read the press release Texas Legislature Advances Clean Power and Green Jobs, but Loses Steam in Political Wranglings.

Check back with us tomorrow for more fun stories from 2009!

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By promoting cleaner energy, cleaner government, cleaner cars, 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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TXsharon @ Bluedaze: DRILLING REFORM FOR TEXAS helps you follow the money to see why Governor Perry and others want Texans to keep breathing toxic air.

BossKitty at TruthHugger is proud to give a Hat Tip to Houston – Annise Parker inherits a City of Progress.

The Stonewall Democrats of Denton County denounce Rep. Michael Burgess for his recent actions against openly gay Safe Schools Czar Kevin Jennings, at the Texas Cloverleaf.

This week on Left of College Station Teddy covers the dispute in Waco between the McLennan County Republican Party and the Hispanic Republican Club of McLennan County over whether or not the Republican Party needs to reach out to minority voters. Also on Left of College Station this week, the tradition of homophobia continues at Texas A&M and the Coalition for Life invites anti-choice and anti-woman Jeb Bush to speak at their annual fundraiser. Left of College Station also covers the week in headlines.

While Houstonians took great pride in the election of Annise Parker as mayor, it was discouraging to see — despite his company’s multi-million dollar contracts with the city and his apparent misunderstanding of their value — that Stephen Costello was elected to city council over a good Democrat, Karen Derr.

CouldBeTrue of South Texas Chisme hopes Silvestre Reyes gets primaried for his vote against a women’s right to choose. Beto O’Rourke may be just the one to do it.

Off the Kuff gave a rundown of the Houston runoffs.

Over at BlueBloggin, guest writer Len Hart of the The Existentialist Cowboy, has been connecting some dots with the CIA Efforts to Control World Distribution of ‘Illicit’ Drugs. If the US/CIA hoped to control this lucrative trade, the Taliban had to go. I wonder how many CIA ‘black ops’ have been financed ‘off the books’ (as was Iran/Contra) with the proceeds of its various drug.

Neil at Texas Liberal does not understand why the Burger King on Houston’s Harrisburg Blvd. needs to be open on Christmas Day. Neil is certain that staff at Burger King wants to be off on Christmas and that an Xmas Whopper is a depressing thought. The picture in the post features a rare snowfall in Houston.

WhosPlayin finds that once again Lewisville ISD is trying to shut out citizen involvement. This time, they’re trying to supersede state law and charge more for public information requests.

WCNews at Eye On Williamson posts on a discussion about where the Democrats in Texas stand heading into 2010, Pragamatic party building.

Justin at Asian American Action Fund Blog has a guide to the historic Houston runoffs.

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By promoting cleaner energy, cleaner government, cleaner cars, 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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The dramatic irony of the Texas Commission on Environmental Quality (TCEQ) decision this morning to grant the NRG Limestone Coal Plant an air permit (and therefore permission to begin construction on a third smokestack) is painful.  At the very moment that leaders from around the world are meeting to come to an international agreement to save the world from catastrophic global warming, at the very moment that residents of developing nations are begging for the continued existence of their land and way of life, Texas gives the green light to build another mercury-spewing, asthma-inducing, planet choking coal plant.

Not exactly what I was hoping to wake up to this morning.

This decision also comes just days after the Environmental Protection Agency (EPA) came out with its engangerment finding, which says that carbon dioxide and other greenhouse gases represent a significant threat to public health and welfare.  Earlier this year, the EPA also ruled that TCEQ has not been adhering to the Clean Air Act in its issuance of new air permits.  This is the first coal plant permit that TCEQ has issued since that warning (which TCEQ doesn’t seem to have taken to heart).  AND, according to Karen Hadden, executive director of SEED Coalition,

The TCEQ is not following federal law (Maximum Achievable Control Technology or MACT) in issuing this permit and a result, mercury emissions will be higher.

So many hearts to break, so little time. But of course there’s always a silver lining. Next legislative session, the TCEQ (and a whole host of other commissions) will undergo the Sunset Review process — and as Tom “Smitty” Smith, director of Public Citizen’s Texas Office mentions, that gives Texas a chance to reform the TCEQ permitting process:

This is just another example of why the Sunset Commission should take a good hard look at how TCEQ rubber stamps permits for coal plants in Texas.

In the meantime, keep your fingers crossed for progress in Copenhagen, and stay tuned at Texas Vox for more information on how you can help fight global warming and a 2nd Texas coal rush.

Full breakdown of the good (NRG has agreed to offset 50% of their emissions, though there’s nothing in their permit to hold them to that), the bad, and the ugly after the jump:

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Yesterday the Texas Attorney General Greg Abbott filed an official injunction against BP Products’s Texas City Refinery for “violating state health, safety and environmental protection laws, including the Texas Clean Air Act, the Texas Water Code, and the Texas Health & Safety Code.”  The refinery was cited for 46 separate emissions of unlawful pollutants, a violation of the Clean Air Act.  Among these was the emisssion responsible for the March 2005 explosion that killed 15 workers and injured 170.

Between 2000 and 2007, the TCEQ filed 15 enforcement orders to get BP to clean up its act.   But it doesn’t look like the authority of the TCEQ was enough to stop the refinery from emitting hundreds of thousands of pounds of unauthorized pollutant emissions, including volatile organic compounds (VOCs), carbon monoxide, hydrogen sulfide, sulfur dioxide and nitrogen oxides.

According to the Attorney General’s press release,

Under Texas law, BP was required to report unlawful emissions to the Texas Commission on Environmental Quality and take corrective action to prevent future emissions. However, BP not only failed to report emissions to environmental regulators within the legally mandated deadlines–but also did not take the necessary measures to prevent additional unlawful emissions in a timely manner.

The injunction requires BP to implement all necessary measures to eliminate future unlawful emissions, which includes installing additional air quality monitors to ensure future compliance. The state is also seeking civil penalties, fines and attorneys’ fees.

It’s really good to see the government stepping in to enforce clean air laws.  Kudos to Abbott for stepping in to keep Texans safe and our air clean.

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US_mapClimate change is clearly an important issue, and there is a lot that needs to be done about it at all levels of society. Fortunately there have been individuals and localities that have made great efforts to reduce their carbon footprint, and this should be applauded. I want to focus on a particular success in the area of local effort to reduce emissions and improve efficiency: The Mayor’s Climate Protection Agreement. This is an agreement between the mayors of several hundred participating cities, across the U.S to reduce their emissions to 7% below 1990 levels.

The agreement was started on February 16, 2005 by Seattle Mayor Greg Nickels and there are currently 944 participating cities in the United States that have pledged to reduce their emissions below 1990 levels. The agreement was officially endorsed by the Annual U.S Conference of Mayors in 2005, and the conference has actively encouraged Mayors to sign onto the agreement since. Mayors in participating towns and cities use practices such as vegetation restoration, anti-sprawl policies, emissions controls and efficiency improvement activities to improve their climate friendliness. (more…)

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If you’ve been following the Texas Legislature at all over the weekend, you’ve probably heard the term “chubbing” at least once.  Yesterday marked the deadline for all bills that originated in the Senate to pass second reading — which means that any bills that didn’t make it through the House by midnight last night are dead for the session.  One of the bills on that list was the contentious Voter ID bill, which would have required Texas voters to present a valid driver’s license to vote.  In order to block this bill, which would have suppressed voter turnout across the state, House democrats adopted the “chubbing” tactic — talking bills to death — to avoid getting far enough down the bill list to have to vote on Voter ID.

Unfortunately, this stalling technique killed a tragically long laundry list of bills that were scheduled after Voter ID.  Among these were many of the bills we have been pushing hard this session to improve air quality in Texas, increase our energy efficiency standards, reform electric coops, and encourage solar development.

Missing Tuesday’s deadline is an enormous set-back, but not all hope is lost.  Bills that died last night can still be revived as amendments, which can be tacked on to House bills that are alive in the Senate.  As the Austin American Statesman reports,

Legislators now have two ways of bringing proposals back to life. The first option is for senators to tack dying proposals onto other related bills that did not fall victim to the voter ID fight in the House. For example, Sen. Kip Averitt, R-Waco, said Tuesday that he may be able to salvage some, but not all, of a comprehensive air quality bill that he has worked on for two years.

“I’ve come to expect tragedy at the end of the session, and tragedy always appears,” Averitt said.

The other option is for the House to take a two-thirds vote to bring up bills.

The two-thirds vote is a pretty enormous step, and highly unlikely for most of the bills we’ve been working one, but the amendment strategy is tried and true.  We’ll be scrambling this week to salvage what we can — it ain’t over til its over, and you can bet we’ll be doing everything we can to fight for what matters for Texas.

Thanks to all you citizens for all your hard work, e-mails, and phone calls to representatives this session.  In the next few days, we’ll be needing your help more than ever.  Stay posted, and we’ll let you know what you can do to help save solar power, air quality, and energy efficiency.

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US_House_CommitteeLast week we saw the Waxman Markey bill go to the Energy and Commerce committee. Watching the markup process increased my interest in the role special interest money plays in the political process.

The House Committee on Energy and Commerce is responsible for oversight in legislation concerning: telecommunications, energy, international commerce, public health, consumer protection and much more. The Energy Department, Health and Human Services, the Transportation Department to the Federal Trade Commission, Food and Drug Administration, and Federal Communications Commission all fall under this committee’s jurisdiction.

Being that this is the committee that was given the responsibility of approving the Waxman Markey bill (the legislation that will determine our future energy policy); I was particularly interested in the amount of influence the energy industry had on shaping these positions of its members. The only way I could actually come close to measuring this is by looking at how much energy companies contribute to these candidates and how much their votes reflect the contributions they receive. As a control for this highly informal quasi-experiment I compared the contributions Energy and Commerce Committee members received from the energy industry the amount of contributions members of the Ways and Means Committee (which deals with taxation and welfare) received from the same industries. I limited this to congressmen who received $10,000 or more in contributions from energy companies during the 2008 election cycle.

I found that in the 65.52% of energy and commerce committee members received energy contributions above $10,000, while 58.53% of Ways and Means members received contributions above $10,000, during the 2008 campaign season. On average Energy and Commerce members received $53,972, while Ways and Means members only received $35,986, on average. The biggest recipients of both parties on the Energy and Commerce Committee got substantially more than their counterparts on Ways and Means Committee. In fact the biggest recipient on Energy and Commerce got $267,559 more than the largest recipient in Ways and Means. The Democrats in both committees received fewer contributions from these industries than the republicans, but the biggest recipient among Energy and Commerce Democrats, Louisiana’s Charlie Melancon, received $40,176 more than Charles Rangel the biggest Democrat recipient on the Ways and Means committee. It should be noted that a bigger percentage of Republicans on both committees received contributions above $10,000 in Energy Contributions. 100% of Republicans on Energy and Commerce received $10,000 or more while only 44% of Democrats did. (more…)

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government_uncle_sam_go_greenThe House has been moving very slowly in an effort to kill a Voter ID bill, but it appears the logjam has been broken. Now we have to pass our key solar and clean air bills before midnight Tuesday, May 26, which is the deadline for the House to pass any bills from the Senate.

We need YOU to pick up the phone and call your representative to say that you support solar energy and clean air.

Click here to find out who represents you, then call their office at the Capitol. Tell them:

I support SB 545, which would give homeowners incentives to put solar on their rooftops and create new green jobs.

I also support SB 541, which would support more large scale solar projects and repeat the success of our wind industry.

I also support SB 16, which would improve air quality through reducing auto emissions, better building codes, more energy efficiency, and plug-in hybrids. **If Texas does not adopt these 2009 IECC building codes, we could miss out on hundreds of millions in federal stimulus funds for weatherization.

Please support these bills in order to create tens of thousands of new green jobs in Texas and ensure a cleaner, cheaper, cooler energy future.

There are dozens of dirty energy lobbyists working to try to kill these bills as we speak. Will you stand up to them? Will you make your voice heard?

Call your Representative now!

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Carson, California was recently on the path to becoming home to a pet-coke power plant, situated conveniently next door to the BP Carson refinery. The project, though touted as the “cleanest and greenest of energy plants possible,” would really have been an environmental and possibly a public safety nightmare. Luckily the project was scrapped, largely due to the activities of the Wilmington Coalition for a Safe Environment and other grassroots organizers.

Pet-coke, short for Petroleum Coke, is a petroleum by-product that can be burned to produce energy in a manner similar to coal. The proposed plant, which would have been built by BP America in conjunction with Edison International, would burn pet-coke as a means of producing energy — hydrogen. 90% of the carbon dioxide used would be pumped into the Wilmington oil field (This is a common method of enhanced oil recovery. The CO2 pushes the oil closer to the surface, making recovery more economic), which is a massive oil field stretching through Los Angeles county from San Pedro Bay to Long Beach. Needless to say, much of the land above this oil field is heavily populated with Los Angeles residents.

Recently I was able talk with Jesse Marquez, founder and Chief Director of Wilmington Coalition for a Safe Environment, about his victory over BP and Occidental and why this proposal was such a bad idea. (more…)

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