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Posts Tagged ‘EPA’

Judges in the White Stallion Coal Plant Hearing Find Application “Deficient”

Posted in Coal, Global Warming, tagged , , , , on July 7, 2010 |

On Monday, when many of us were celebrating the 4th of July holiday, two State Office of Administrative Hearings (SOAH) administrative law judges (ALJs) released their ruling in a controversial case over whether to permit the proposed 1,200 MW “White Stallion” coal plant near Bay City, Texas.  

AJLs Kerrie Jo Qualthorough and Paul Keeper announced they could not recommend issuance of the permit, that they found the application to be deficient in several respects.  In sending their proposed findings to the Texas Commission on Environmental Quality (TCEQ), the ALJs recommended TCEQ gather more information from White Stallion to address specific deficiencies within the next 180 days. 

Specifically, the ALJs found White Stallion:

  • relied upon unapproved ozone monitoring data, 
  • failed to conduct a health effects review for coal dust,
  • failed to determine the appropriate emission limits for the hazardous air pollutants  Hydrochloric Acid (HCl)  and Hydrogen Fluoride (HF). (more…)

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New EPA Air Quality rule will protect lives by cutting emissions from coal-fired power plants

Posted in Air Quality, Coal, Energy, tagged , , , , , , on July 6, 2010 |

In a breaking story from the AP, we learn that the air pollution rules first proposed under George W. Bush’s EPA are Pollution from coal fired power plants has been linked to respiratory illness and premature deathsmoving forward.

The Environmental Protection Agency said the new rules would cut sulfur dioxide emissions by 71 percent from 2005 levels by 2014 and nitrogen oxide emissions by 52 percent in the same time frame.

The regulation, known as the Clean Air Interstate Rule, requires 31 states from Massachusetts to Texas to reduce emissions that contribute to smog and soot and can travel long distances in the wind. The agency predicted the rule would prevent about 14,000 to 36,000 premature deaths a year.

The rule would overturn and toughen rules issued during the administration of former President George W. Bush.

What happened was the Bush Administration took a look at the scientific reviews for where the levels of these pollutants should be to protect health. When they published their new air quality standards, they were actually less strong than the science required.

And while legal wrangling is fun, the real story here is the impact on human health.

“We’re working to limit pollution at its source, rather than waiting for it to move across the country,” Jackson said in a statement.

The proposed reductions should save billions of dollars in avoided health costs and sick days and save thousands of lives each year, Jackson said. Those benefits would far outweigh the estimated $2.8 annual cost of compliance, she said.

Reducing pollution from power plants means fewer sick kids who have to miss school, it means fewer people who have to be rushed to the ER for an asthma treatment, and even means fewer deaths.  And, of course, reducing these emissions most likely also means a reduction in greenhouse gas emissions, another added benefit we can all be happy about.

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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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Want a Public Meeting on EPA Coal Ash Waste Rules – TAKE ACTION NOW

Posted in Coal, tagged , , , on June 30, 2010 |

Requests for a public meeting should be submitted to EPA’s Office of Resource Conservation and Recovery by July 21, 2010.  For a sample request letter and where to send it, click here.

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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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Want an EPA Public Hearing on Coal Ash Waste?

Posted in Coal, tagged , , , on June 28, 2010 |

The U.S. Environmental Protection Agency plans to set federal safeguards for millions of tons of dangerous coal ash waste currently being stored in dry dumps and waste ponds. You can help set EPA on a straight course towards the first ever strong, federally enforceable safeguards for coal ash. And judging from the current proposal, it seems like the EPA can use our help.

Coal Ash Waste

Texas leads the nation in coal ash waste production so final rules could have significant impact in keeping Texans safe from toxic waste, blighting our landscape and polluting our groundwater.  According to the EPA, if the weaker coal ash option were put in place, coal ash dumps and waste ponds in Alabama, Arizona, Georgia, Iowa, Illinois, Indiana, Kansas, Mississippi, Montana, Ohio, Texas, Virginia and Wyoming will retain their status quo: poorly regulated, unprotected and unsafe. Even in Tennessee, where in December 2008 a coal ash pond in Kingston collapsed, spilling over 1 billion gallons of the toxic waste across 300 acres, will not have protections in place to prevent a similar disaster from happening again.

If you want EPA to hold a public hearing on the proposed coal ash waste rule in your area, you need to request one.  Requests for a public meeting should be submitted to EPA’s Office of Resource Conservation and Recovery by July 21, 2010. (more…)

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90 Days to Tell the EPA We Want Strong Safeguards on Coal Ash

Posted in Global Warming, tagged , on June 22, 2010 |

EPA offers two options for coal ash: one good, one very, very bad (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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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

[vimeo 11089828]

(more…)

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Resolution Undermining Clean Air Act Faces Senate Vote Thursday

Posted in Global Warming, tagged , , , on June 9, 2010 |

Capitol Power Plant

The Capital Power Plant on Capitol Hill

Tomorrow, Thursday June 10, Sen. Lisa Murkowski’s (R-Alaska) “Disapproval Resolution” will be voted on in the Senate. If passed, it would overturn the EPA’s “endangerment finding”, undermining the Clean Air Act- which by the way is the most successful piece of environmental legislation- and stripping the EPA of its right to regulate Greenhouse Gas emissions.

Congress has the audacity to claim that global warming is their domain, not the EPA’s. If this is true, it’s baffling that the EPA has been taking action to curb greenhouse gas emissions while all the Senate has done is sit on greenhouse gas legislation.

Murkowski’s resolution, because it will be voted on under the Congressional Review Act, only needs 51 votes to pass the Senate and move on to the House. Murkowski has already locked in 40 co-sponsors and is not revealing how many additional votes she has secured. But while she might get her resolution through the Senate without too much sweat, getting enough votes in the House and the approval of the White House- Obama has already threatened to veto it- promises to be more of a challenge.

This is not the only bill that those of us in favor letting the EPA protect our clean air need to keep our eyes on. Sen. Jay Rockefeller (D-W.Va.) will try to push his own bill, which if passed would block the EPA from regulating the greenhouse gas emissions from stationary sources such as power plants and oil refineries for two years, through the Senate. He needs 60 votes and is less confident about its getting through the Senate, but either way, he has said, he will vote in favor of Murkowski’s resolution.

Russell Train, former EPA chief wrote a letter urging Republic Senators Reid and McConnell to vote against Murkowski’s resolution:

I am writing as former EPA Administrator under the Nixon and Ford Administrations to urge the Senate to oppose any legislative proposals that would undermine the Clean Air Act. In particular, I ask the Senate to reject the Resolution of Disapproval offered by Senator Lisa Murkowski of Alaska (S.J.Res.26), which would prevent the EPA from acting on that agency’s endangerment finding and the cause or contribute findings for greenhouse gases.

For 40 years, the Clean Air Act has protected the health and welfare of the American people, saving hundreds of thousands of lives while vastly improving the quality of the air we breathe. The economic benefits provided by the Act have exceeded its costs by between 10 to 100 times over.

Despite the law’s impressive track record, S.J.Res.26 would rollback Clean Air Act protections and prevent the EPA from regulating greenhouse gas emissions, notwithstanding the agency’s scientific determination that these pollutants endanger human health and welfare. If passed, this resolution would fundamentally undermine the Clean Air Act, overturning science in favor of political considerations. (more…)

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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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EPA Approves Tougher Pollution Emission Limits

Posted in Global Warming, tagged , , , , , , , , , , on June 4, 2010 |

Federal environmental regulators set new limits on sulfur dioxide emissions for the first time in 40 years.  A move that could prevent thousands of asthma attacks and premature deaths while reducing health care costs..

The new rules, which take effect under court order, will prohibit short-term spikes of sulfur dioxide (SO2), which is primarily emitted from coal-fired power plants and other industrial facilities.  Texas has 17 coal plants, with another dozen under construction or in the permitting phase across the state.

The EPA estimates nationally the cost of retrofitting power plants to comply with the new rules will be $1.5 billion over the next 10 years.  The savings in health benefits could be as much as $13 billion to $33 billion a year.

The previous standard called for concentrations of no more than 140 parts per billion, averaged over 24 hours. Under the new rules, the allowable level of SO2 would drop to 75 parts per billion in one hour to guard against short-term spikes, and is seen by the EPA as the most efficient and effective way to protect against SO2 pollution in the air we breathe.

Although the final standard is a bit less strict than the American Lung Association had urged, it is well within the range recommended by EPA’s independent science advisers.

At this writing it is anticipated that Jefferson County is the only area in Texas that would fail the tougher standard, but EPA is requiring additional monitors in some areas of the state that are borderline.

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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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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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EPA taking over permitting of Texas facilities: TCEQ’s permitting process doesn’t follow Clean Air Act

Posted in Toxics, tagged , , , , , , on May 26, 2010 |

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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Comments to EPA on New Ozone Attainment Standard – Dallas, March 16, 2010

Posted in Global Warming, tagged , , , , , , , , , , , , , on April 19, 2010 |

[vimeo 10526826]

On March 16, 2010 Sierra Club, Public Citizen, Downwinders At Risk, Texas Campaign for the Environment and other concerned environmental organizations and individuals held a public meeting to submit comments to the EPA regarding their newly proposed ozone standard. State representatives and staff from Region 6 of the EPA were there to hear comments. These are the video comments that were recorded by those who did not get an opportunity to speak in front of the panel. These video comments were submitted to the EPA.

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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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