Texas Clean Air Matters

The Irony of Texas Taking Over GHG Permitting Authority

This blog post was co-written by Adrian Shelley, Executive Director of Air Alliance Houston.

Source: National Geographic

Source: National Geographic

Last week, the Texas Commission on Environmental Quality (TCEQ) held its only public hearing regarding the agency’s proposed plan to take over greenhouse gas (GHG) permitting authority from the Environmental Protection Agency (EPA). Neither the TCEQ commissioners nor the executive director attended the hearing.

TCEQ’s move to issue GHG permits is quite a departure from the extensive actions the Texas government has taken NOT to regulate greenhouse gases in the state. In fact, in a letter dated August 2, 2010 to then EPA Administrator Lisa Jackson, Texas Attorney General Greg Abbott and TCEQ Chairman Bryan Shaw used aggressive and robust language, declaring that:

“On behalf of the State of Texas, we write to inform you that Texas has neither the authority nor the intention of interpreting, ignoring, or amending its laws in order to compel the permitting of greenhouse gas emissions.” Read More »

Posted in Air Pollution, Clean Air Act, Environmental Protection Agency, GHGs, TCEQ, Texas Permitting / Tagged , | Comments are closed

EPA’s Clean Power Plan: Texas’ Last Stand or Last Hope?

Source: North Texas Renewable Energy Group

Source: North Texas Renewable Energy Group

August has been an eventful month here in Texas. And, no, I’m not referring to news about Governor Rick Perry, rather some of his appointees. The Texas Public Utility Commission (PUC), Texas Commission on Environmental Quality (TCEQ), Railroad Commissioner (RRC) Barry Smitherman, RRC Chairman Christy Craddick, and State Representative Jason Isaac held a joint session to discuss the Environmental Protection Agency’s (EPA) new Clean Power Plan (CPP).

The CPP will limit – for the first time ever – carbon emissions for existing power plants. Texas, the number one polluter in the country, needs to cut 195 billion pounds of carbon in the next 18 years, according to a Texas Tribune analysis. However, EPA suggests Texas could easily meet its goal through a combination of actions: making coal plants more efficient, using more natural gas plants, increasing the use of renewable resources, and expanding energy efficiency.

Texas has a choice: either roll up some sleeves and double down on the state’s clean energy leadership, creating jobs and wealth, or continue to play petty politics to buy the fossil fuel industry more time. Read More »

Posted in Clean Air Act, Clean Power Plan, Coal, Energy Efficiency, Renewable Energy / Tagged | Comments are closed

EPA’s State-by-State Carbon Limits Indicate Smart Policy, Not Arbitrary Rulemaking

EDF_FB_renewableEnergy_solar (1)In June, U.S. Environmental Protection Agency (EPA) announced – for the first time ever – standards to limit carbon emissions from U.S. power plants, known as the Clean Power Plan (CPP). Currently power plants emit 40 percent of U.S. carbon emissions, but under the proposed Clean Power Plan, the U.S. power sector will cut carbon pollution by 30 percent below 2005 levels.

Since this announcement, the usual suspects have attacked the CPP, calling its proposed state-by-state reduction standards arbitrary. Their claims couldn’t be further from reality. When EPA asked states for feedback on how to best craft this standard, states asked for two things: individual standards and flexibility. And that’s what they got. Anyone familiar with the proposed standards will know they are based on a consistent and objective methodology that takes into account each state’s unique energy portfolio and emissions, as well as built with maximum flexibility in mind.

At first glance, the climate-change-denying crowd dismissed the standards as arbitrary, because the limits vary from state to state. For example, Washington needs to reduce its emissions rate by 72 percent by 2030, while Kentucky only needs to cut its emissions rate by 18 percent over the same period. Texas lies somewhere in the middle with a 39 percent reduction required. So what gives? Read More »

Posted in Clean Power Plan, Climate Change, Demand Response, Energy Efficiency, Natural gas, Renewable Energy / Tagged | Read 2 Responses

Supreme Court Confirms EPA’s Authority to Address Climate Pollution, Abbott Fails in Yet another Attack on Clean Air

Texas Attorney General Greg Abbott falls flat in flawed legal challenge against EPA

iStock_Coal_Plant_2_jpgLast week, the U.S. Supreme Court reaffirmed that the U.S. Environmental Protection Agency (EPA) has the authority to address climate pollution under the Clean Air Act. The Court ruled 7-2 in favor of allowing EPA to require that large industrial sources of greenhouse gas pollution install the best available control technology when building or rebuilding plants that are also sources of other major air pollutants. This means that large cement plants, refineries, power plants, chemical facilities, and other industrial facilities must use modern emissions controls for climate pollution.

This is a big win for Texans who are hard hit by air pollution. Unfortunately, the state leads the nation in energy-related carbon dioxide emissions and is home to several cities and communities with significant air quality challenges.

A 5-4 majority of the Court also held that EPA must narrow its permit program to avoid applying the program to many smaller sources that EPA itself had concluded would pose serious problems yet yield relatively small pollution mitigation benefits. But Justice Scalia recognized that EPA achieved an important victory for public health and clean air. While describing the outcome of the high Court’s decision from the bench, Justice Scalia stated that “EPA is getting almost everything it wanted in this case.” Read More »

Posted in Air Pollution, Clean Air Act, Environmental Protection Agency, GHGs / Tagged , | Read 1 Response

Time for Texas to Work With EPA To Secure Cleaner Air For All Texans

Elena QuoteLast Wednesday, I traveled to Washington D.C. to testify at a House Science, Space, and Technology hearing entitled Examining the Science of EPA Overreach: A Case Study in Texas. It was my first time testifying on Capitol Hill and I was grateful for the opportunity to connect with some of our Texas lawmakers on issues concerning the relationship between the Environmental Protection Agency (EPA) and Texas.

One item of discussion focused on the greenhouse gas permitting authority in the state and the fact that Texas’ legal actions have thwarted industrial facilities in the state from conducting business. A recent article in the Texas Tribune, titled “Anti-Regulation Politics May Have Hurt Energy Industry,” highlights the burden that a dual permitting process places on businesses seeking greenhouse gas permits.

The process, which requires industrial facilities, such as power plants and refineries, to apply to Texas Commission on Environmental Quality (TCEQ) for criteria air pollutants permits and separately to EPA for greenhouse gas permits, has proved onerous for industry. In the article, the Texas Pipeline Association says, “more than 50 planned projects since early 2011 have been significantly delayed by the [Texas] permitting process, putting 48,000 jobs at risk.” Read More »

Posted in Air Pollution, Clean Air Act, Environmental Protection Agency, GHGs, TCEQ, Texas Permitting / Tagged , , | Comments are closed

Texas vs. The EPA: A Paradox

Over the past several weeks, Texas has done everything in its power to block EPA measures intended to ensure protection from greenhouse gas pollution emitted from large sources in Texas.  With the Federal Court of Appeals in Washington, D.C. expected to make an imminent decision regarding Texas’ latest challenge to EPA’s protective measures, we thought it would be helpful to identify what is at stake:

  • On April 2, 2007, the Supreme Court found that greenhouse gases are air pollutants covered by the Clean Air Act.   As of January 2, 2011, the Clean Air Act requires that large emitters of greenhouse gas pollution obtain permits applying the best technology available to control their greenhouse gas emissions.
  • EPA gave all states, including Texas, notice that state permitting programs must address significant emissions of greenhouse gases and Texas alone has chosen not to act. Read More »
Posted in Air Pollution, Environment, Environmental Protection Agency, GHGs, TCEQ, Texas Permitting / Tagged , , , , , , , , | Read 3 Responses