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Posts Tagged ‘Dr. Al Armendariz’

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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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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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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Las Brisas Energy Center, a proposed pet coke power plant, is still in the midst of a protracted permitting process which most recently has taken the form of a state hearing. Opponents have claimed that projected pollution from the proposed plant has been under-estimated by engineers. Testimony ended in the hearing last Thursday, and closing statements have been ordered by January 22. At this time, the two judges, Craig Bennett and Tommy Broyles, will have 60 days to issue a recommendation to the Texas Commission on Environmental Quality (TCEQ), which will ultimately make the final decision. The hearing ended with testimony from Joseph Kupper, an engineer, who was not able to confirm his calculations concerning the particulate matter projected to come from the plant.

Las Brisas might be seen as one battle in the conflict which has been escalating between the EPA and the current Texas air permitting program.

Dr Al Armendariz was scheduled to give testimony in this hearing on November 6th; however, he did not appear due to his recent appointment as Regional EPA Administrator. Dr Armendariz was appointed by Lisa Jackson just the day before. He most recently was a faculty member at Southern Methodist University in the Environmental/Civil Engineering department and has been an outspoken critic of past EPA oversight in Texas.

Dr Al Armendariz

Now, as concerned citizens, Dr Armendariz claims we should worry that “Texas has allowed big utilities and industry to operate any way they want to for decades.” We hope for the best as Dr Armendariz takes on this job with the EPA, which he is already getting on with – some say that by the end of the month the EPA will most likely “declare that Texas’ air permitting program lacks adequate public participation and transparency.”

The EPA sees three areas in which Texas fails to meet standards:

1) Public participation and transparency, which do not adhere to Clean Air Act regulations.

2) Flexible air permits given to many industrial operations (including the Fayette power plant).

3) Greenhouse gas emissions, recently brought into regulation under the Clean Air Act.

So best of luck, Dr Armendariz. If we let the numbers, facts and models speak for themselves, Texas could certainly be a cleaner place for all.

J Baker

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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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Environmental Groups Applaud EPA Choice

New Regional Administrator could signal change in direction for polluted state

DALLAS – Environmental advocates across several states are applauding the Obama Administration’s choice of Dr. Al Armendariz to lead Region 6 of the Environmental Protection Agency, which includes Texas, Louisiana, New Mexico, Oklahoma and Arkansas. Armendariz, an engineering professor at Southern Methodist University, has worked with diverse constituencies ranging from corporations to citizens groups and has published dozens of studies on myriad environmental issues throughout his career. His appointment garnered high praise from the environmental community.

“Our region has typically provided a haven for some of the worst polluters in the country, and has paid a steep price,” said Tom “Smitty” Smith, Texas Director for Public Citizen. “I believe the appointment of Dr. Al Armendariz signifies a new direction for Region 6.”

In an effort to make sure EPA Administrator Lisa Jackson and the White House chose a strong environmental leader for Region 6, about twenty prominent advocates signed on to a list of principles that they hoped would guide the appointment. Dr. Armendariz was one of two candidates the groups endorsed for the position. Their list of qualities for an ideal administrator included a commitment to environmental justice and science-based policy, minimal ties to industries regulated by EPA and a strict adherence to the President’s Executive Order on Ethics, which was intended to prevent conflicts of interest between lobbyists and government agencies.

“Al Armendariz demonstrates the kind of vision, integrity and grassroots approach to enforcing environmental law this region needs if we’re truly going to clean up our act,” said Jeffrey Jacoby, Program Director at the Texas Campaign for the Environment (TCE). “He embodies the ‘Principles for Environmental Leadership and Real Change’ we believed should guide this appointment.”

Indeed, many within the environmental community see appointment of Armendariz as indicative of a new approach for the regional EPA.

“We are thrilled with Dr. Armendariz’s appointment,” said Luke Metzger, Director of Environment Texas. “After eight years of the Bush EPA, it’s a new day for Texas’ environment. Move over polluter lobbyists, science and human health are in charge now.”

In addition to environmentalists, some within the business community were also pleased with Obama’s choice. Former Austin City Councilmember Brigid Shea, now principal and co-founder of an environmental consulting firm, stated, “As a businessperson who’s concerned about the environment, it’s time this region got someone who understands that we can have both a healthy environment and a strong economy, that the two are not at odds.”

Dr. Armendariz will take over for Acting Region 6 Administrator Larry Starfield. During his tenure, he will face a number of pressing environmental challenges, including potentially overseeing the implementation of federal climate change legislation, bringing metropolitan areas in Texas into compliance with the Clean Air Act and working to clean up toxic “hot spots” along the Gulf Coast.

“Texas needs a tough air enforcement chief at EPA 6 Dallas like Dr. Armendariz who’s willing to tackle head on the state’s serious air quality challenges with large urban areas like Dallas and Houston failing to meet new ozone standards, and who is willing to require Texas to clean up its large dirty coal plants and refineries,” stated Dr. Neil Carman of the Sierra Club’s Lone Star Chapter.

Environmental justice activists from communities across the state are also hopeful that the appointment of Dr. Armendariz will benefit Texans living directly adjacent to polluting facilities

“The Executive Order 12898 on Environmental Justice is a document that looks good on paper, but in the real world EPA’s office of Environmental Justice has at times sided with industry over our communities; and pollution problems in poor communities have gotten worse, not better,” said Suzie Canales, Executive Director of Corpus Christi-based Citizens for Environmental Justice. “Now under Armendariz, we have real hope that environmental justice issues will be a serious priority to the agency.”

Many environmental justice groups endorsed Armendariz from the beginning of the Regional Administrator selection process, citing his commitment to science, his understanding of the issues and his dedication to enforcing the spirit of environmental laws such as the Clean Air and Clean Water Acts.

“Dr. Armendariz is exactly the kind of person you’d want to have this job, but seemingly never gets it,” said Jim Schermbeck, long-time Field Organizer with Downwinders at Risk. “Because of what’s at stake and the fact that Texas is the belly of the polluter beast, this may be one of the most important, far-reaching appointments the Obama Administration makes. Downwinders at Risk is proud to have been the group that first utilized Dr. Armendariz’s expertise for our cause of cleaning up the Midlothian cement kilns back in 2005. That work lead directly to his becoming the premier ‘citizen’s scientist’ in Texas on air pollution, and paved the way for his much larger influence on the state scene. Congratulations to both Dr. Armendariz and the EPA.”

As enthusiastic as environmentalists are about the appointment, they also promised to hold Dr. Armendariz accountable to the people affected by pollution issues in the five-state region. “As outstanding as Dr. Armendariz has been on paper and in interviews, we’ll be watching to make sure he walks the walk,” says Jacoby, who works in TCE’s Dallas office, “Remember, Al, my office is right down the street.”

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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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