Author Archives: Elena Craft, PhD

Lessons Learned From West

Source: KVUE

At 4:00 p.m. today, the State Fire Marshal's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives plan to announce the results of their investigation of the West, Texas fertilizer explosion that killed 14 people and injured over 200.

Information leaked to The Dallas Morning News indicated that investigators have three possible explanations for the explosion fueled by ammonium nitrate: ignition from a faulty golf cart, ignition from the fertilizer and seed building’s electrical system or an intentional act.

No matter what the conclusion, we’ve learned some very important lessons from this tragedy:

  • There is not enough coordination among state agencies covering the oversight of facilities like West;
  • Current penalties and fines don’t seem to be a deterrent to the those who violate safety and environmental laws;
  • There is a need for more thoughtful consideration as to appropriate locations of schools, hospitals and nursing facilities; and
  • There is a critical need for local emergency responders to have the best possible information regarding hazardous materials and potential health and safety risks in their communities.

As we begin to wrap up the legislative session in Texas, we are hopeful that our elected officials will do the right thing and strengthen environmental and safety protections instead of weaken them.  Over 400 people a year lose their lives in Texas from occupational injuries.  We can and should do better.

On a personal note, I’d like to give a shout out to my favorite Texan, Willie Nelson, 80 years young, who hosted a birthday concert benefitting the community of West and raised over $120,000. Thank you Willie!

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Premature To Remove Texas City From The Air Pollution Watch List

Estimated Distribution of Benzene Annual Concentration, Based on Retrieved Primary Source Location and Wind Direction Frequency

Last week, EDF, along with Air Alliance Houston (AAH), submitted comments to the Texas Commission for Environmental Quality (TCEQ) reflecting why we believe the proposed removal of Texas City for the pollutants benzene and hydrogen sulfide from the state’s Air Pollution Watch List (APWL) is premature.

The APWL is a list of areas in Texas where concentrations of harmful pollutants exceed the state’s own health-based screening level guidelines. While inclusion on the list indicates that additional scrutiny is given to permits issued to facilities in the area, some of the APWL areas have been listed for over a decade. This is significant because exposure to these toxics may impact human health and may lead to serious health outcomes, such as birth defects or cancer.

EDF has been actively engaged with TCEQ to improve management of the APWL program and to renew efforts to improve air quality in hotspot areas. TCEQ first added Texas City to the Air Pollutant Watch List in 2001 because of elevated concentrations of propionaldehyde. The organization added benzene in 2003 because the annual average concentration at the Ball Park Monitor exceeded the long-term health-based Air Monitoring Comparison Value (AMCV) of 1.0 ppb.[1]  Hydrogen sulfide was then added in 2004 based on mobile and stationary monitoring data showing exceedances of the 0.08 parts per million (ppm) threshold.

TCEQ’s proposal claims that recent air monitoring information justifies the removal of Texas City from the APWL. However, new analyses completed by EDF and AAH, indicate that data from the current monitoring network are not adequate in justifying the removal of Texas City from the APWL. Here are a few reasons why:

  • Air monitoring information has not been correlated with wind direction, meaning that the existing monitoring network does not capture the predominant downwind concentrations of pollutants in neighborhoods closest to the largest sources. As illustrated in the insert, the largest concentration of benzene is expected in between the existing monitors.
  • BP Texas City: The largest emitter in the area is also the worst environmental performer. BP Texas City is ranked as the largest benzene emitter in the region, not just the state. On March 23, 2005, an explosion killed 15 employees and injured 170 as a result of workers re-starting a unit at the BP refinery that had been closed for repairs. The problem started when workers filled a tank with 138 feet of flammable liquid, when it should have been filled with only 6.5 feet of liquid. Upon further investigation, it was discovered that BP had cut costs, resulting in risky working conditions, which were likely the cause of the catastrophic event. An investigation by the Chemical Safety Board found numerous problems, including out-of-date equipment, corroded pipes, and faulty safety alarms. This explosion has been characterized as one of the worst workplace incident in the U.S. between 1989 and 2005.
  • BP Texas City II: More recently in November 2011, there were reports of gas leaks at the BP Texas City refinery. A concerned citizen initially reported a sulfur dioxide leak to the National Response Center. BP confirmed an ongoing leak of methyl mercaptan; the odor was so toxic that 30 workers from a neighboring plant downwind were taken to the hospital.

Read More »

Posted in Air Pollutants, Air Pollution, Benzene, TCEQ | Leave a comment

The Law Of Common Sense

Over the last week, media outlets around the country have highlighted lack of regulation and enforcement as contributing to the tragedy in West, where 15 people lost their lives, many of them first responders.

State officials have commented many times that there is adequate state oversight under the existing laws. And yesterday, eight state agencies testified about the tragedy at a special hearing held by the Texas House Committee on Homeland Security and Public Safety. As you might imagine, the overall tone of the speakers was defensive, and ultimately, none of the state agencies testified that they would have done anything differently because they were all doing their jobs.

What about the laws of common sense?

The attitudes presented yesterday are frustrating and disappointing for communities.  Texas is a great state and we can do better. We can start by taking a critical look at some of the bills working their way through the legislature right now designed to weaken public health protections. Consider the following bills that are in various stages of the legislative process:

  • House Bill (HB) 824 (Calligari) – Spill Reporting
    HB 824 aims to create a volume-based exemption for reporting accidental spills and discharges from wastewater facilities. Unfortunately, this one cleared the House Natural Resource Committee and is on its way to House Calendars.
  • Senate Bill (SB) 957 (Fraser) and HB 2082 (Ritter) – Contested Case Hearings
    These two bills would dramatically alter the way the Texas Commission on Environmental Quality (TCEQ) handles certain permits and the judicial and administrative review process. The bills would shift the burden of proof on permits to the public, limit public input, and restrict evidentiary hearings.
  • HB 1496 (Van Taylor) – Hydraulic Fracturing
    HB 1496 would restrict a municipality’s ability to impose restrictions on hydraulic fracturing to protect public safety by adding any interest in an oil or natural gas well to the definition of private real property.

More information on current bills under consideration can be found here.

At the hearing, Progress Texas PAC Director Glenn Smith made comments that should make us all take notice:

Even this preliminary inquiry shows how dangerously wrong Rick Perry was when he said we had adequate regulations. State Chemists says security requirements are fence and door locks. The insurance commissioner says there is no requirement that the plant be insured, and that West Fertilizer's insurance was woefully inadequate to the risk. The TCEQ testified that the plant operated without a permit from 2004 to 2006, and that was only caught because someone filed an odor complaint in 2006.” Read More »

Posted in Legislation, TCEQ | Leave a comment

Air Quality Report: Texas Has More Work To Do

Source: American Lung Association

Texas climbed higher among the national “worst ozone” rankings list, but most of the nation continued on a long-term trend toward much healthier air, according to the Annual State of the Air Report released this week from the American Lung Association (ALA).

The report reviewed air pollution data compiled by the Environmental Protection Agency (EPA) for two of the most hazardous types of pollution: ozone and particle pollution.

Key National Findings:

  • More than 131 million people (42 percent of the U.S. population) live in counties that have unhealthy levels of either ozone or particle pollution.
  • Los Angeles has cut one-third of its unhealthy ozone days since first the State of the Air report came out in 2000.
  • Eighteen cities had lower year-round levels of particle pollution, including 16 cities with their lowest levels recorded.

Key Texas Findings:

  • Unfortunately Houston-Baytown-Huntsville ranked 7th place among the most ozone-polluted cities in the country, and Dallas-Fort Worth made a huge leap to 8th place nationally from 13th place just two years ago. Harris County also failed with regard to annual particle pollution.
  • Fifteen Texas Counties received a grade of “F” for ozone pollution:
    • Harris County (67 orange level ozone days, 10 red)
    • Dallas County (34 orange level ozone days, 4 red)
    • Bexar County
    • Brazoria County
    • Collin County
    • Denton County
    • Galveston County
    • Gregg County
    • Hood County
    • Jefferson County
    • Johnson County
    • Montgomery County
    • Orange County
    • Rockwall County
    • Tarrant County
    • On a more positive note, Brownsville-Harlingen-Raymondville made two of the “cleanest U.S. cities” list for ozone and short-term particle pollution.
    • To find out if your Texas town is on the most polluted list, visit the ALA site.

Read More »

Posted in Air Pollution, Environmental Protection Agency, Ozone, PM2.5 | Leave a comment

West Explosion: Not Enough Protections Or Not Enough Oversight?

Source: www.thenation.com

There’s been a lot of debate following the West tragedy as to whether a lack of safety protections, lack of coordination and oversight among enforcement agencies, or some combination of both contributed to a system wide failure and 14 deaths with hundreds injured. As we have mentioned before, Texas leads the nation in total fatal occupational injuries, with more than 400 deaths in 2011. And while not every accident can be prevented, it does seem that Texas gets more than its fair share.

In recent reports, some state officials have indicated that the state’s level of oversight for facilities like the one in West is adequate. It is difficult to understand how one could make such bold statements when the cause of the explosion has yet to be determined. Furthermore, some legislators have recommended this legislative session that state environmental laws be weakened. This is in addition to recent budget cuts at the state environmental agency; the Texas Commission on Environmental Quality’s (TCEQ) budget was recently cut by $305 million, which reduced the agency by 235 full-time employees. Perhaps what some of our officials really mean is that it is not a lack of oversight, but rather a lack of due diligence in enforcing the laws already on the books, laws designed to protect citizens from events like this one.

The Governor of Texas was quoted recently claiming that the state upholds the standards set by the Environmental Protection Agency (EPA). But frankly that is not quite true. Acting alone, Texas recently refused to abide by laws on permitting regulations for greenhouse gas emissions.  In fact, the state sent an aggressive letter to EPA stating 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.”  EPA actually had to devise a federal implementation plan for greenhouse gas emissions, so that any new facilities built in the state of Texas could in fact work with a legal permit. Currently, facilities that need a greenhouse gas permit must apply to EPA rather than to TCEQ, even though it is Texas’ responsibility. Read More »

Posted in Air Pollution, Environment, Environmental Protection Agency, Legislation, TCEQ | 1 Response

Explosion At Texas Plant Renews Concerns About State Environmental Agency

Source: kxan.com

Unfortunately, last night’s explosion at West Fertilizer, a plant just north of Waco, Texas is just one more tragedy in a long list of facility disasters in the state of Texas. (See previous TXCAM posts here and here).

The same questions always arise – how could this accident have been prevented? Who is responsible? What are the long term health implications to those who have survived this catastrophe?

The Texas Commission of Environmental Quality (TCEQ) is the lead state agency in charge of permitting facilities such as the West plant. We know that the agency investigated the facility in 2006, only after a concerned citizen called to report a strong smell of ammonia. One of the troubling items regarding this complaint is that the agency knew that the smell was ammonia and that it was coming from a fertilizer facility (a deadly omen) and still took 11 days to investigate the complaint. Once the agency did get to the facility, they recognized that the plant was storing large quantities of anhydrous ammonia without a permit.

It turns out that the facility, originally built in 1962, had been grandfathered into the permitting program – the facility was not required to have a permit until September 1, 2004, the date marking the end of the grandfathered permitting period. This means that two years went by where the facility was operating in violation of a permit and completely unnoticed by the state environmental agency.

Another troubling bit of information is that the agency gave the facility an “unclassifiable” rating for their compliance history. Compliance history, as described by the agency, entails both positive and negative factors related to the facility's environmental performance at a site over the past five years—for example, whether at this site this customer has:

  • received an enforcement order, court order, or criminal conviction; related to environmental violations in another state;
  • received a citation for a chronic excessive emissions event;
  • received a notice of violation from the TCEQ;
  • received one or more inspections from the TCEQ (and, if so, the results of those inspections)

Given that the facility had been operating without a permit for two years, one might expect that the facility would have been given an unsatisfactory rating for compliance. An unsatisfactory rating would have triggered additional scrutiny or strengthened permit requirements for the facility. But of course we know that’s not what happened.

While no one questions that accidents happen, even at facilities that do abide by the law, it does seem that Texas gets more than its fair share of tragedies. In fact, Texas leads the nation in total fatal occupational injuries, with over 400 deaths in 2011. And when these tragedies happen at industrial facilities that handle large quantities of toxic and explosive materials, people die. Lives are forever changed.

The deaths in West, as well as all deaths from these kinds of tragedies, are senseless and preventable. In the name of all citizens in the state of Texas whose lives have ended in this tragic way, we implore the TCEQ to:

  • be more diligent with regard to monitoring of facilities – how many more facilities like West exist across the state?
  • hire more investigators since it is obvious that the current rate of facility inspections is woefully inadequate.
  • spend more time protecting the public than fighting against EPA and public health protections, using the saved funds instead for hiring more investigators.

Disclaimer: This video, filmed by a local citizen with his daughter, shows the plant as it explodes into a larger fire.  Not intended for sensitive audiences.

Posted in Air Pollutants, Air Pollution, Environment, Environmental Protection Agency, TCEQ | Leave a comment

Air Alliance Houston Names New Director

Adrian Shelley, executive director of Air Alliance Houston

We were pleased to hear the news last week that Air Alliance Houston named Adrian D. Shelley, III as its new executive director. Adrian succeeds Dr. Matt Tejada, who left this year for a new post as director of the Environmental Protection Agency’s Office of Environmental Justice.

Adrian is a native Houstonian and recently served as the community outreach coordinator for Air Alliance. He first worked with the organization in 2008, when he was serving with the University of Texas Environmental Law Clinic. At the clinic, he conducted research for a Clean Air Act citizen suit against a local chemical plant that resulted in a multimillion-dollar settlement. In 2010, he completed a fellowship with Air Alliance Houston in which he conducted research on flexible air permits at several Texas refineries.

“In our search for an executive director, it became readily apparent that in Adrian we had a very knowledgeable and capable individual already on staff who could step up and serve the organization well as its new executive director,” said Bob Levy, Air Alliance Board President.  “Adrian’s demonstrated passion for and commitment to the work of Air Alliance made him the board’s unanimous choice.”

I first met Adrian when he was in law school at University of Texas and was working on cases involving emission violations at facilities operating in Houston. Adrian’s commitment to protecting public health is steadfast, and he will be a valuable asset in helping to bring cleaner air to Houston. He is a two-time recipient of the Texas Legal Fellowship, a recipient of the Joe R. and Teresa L. Long Legal Fellowship, and a recipient of the University Co-op Public Interest Award for Graduating Students. He also served as the environmental director and counsel for State Representative Jessica Farrar during the 82nd session of the Texas Legislature.

Additionally, during and after law school, Adrian interned for the Save Our Springs Alliance, the Environment and Natural Resources Division of the U. S. Department of Justice, and Air Alliance Houston, while earning his Juris Doctorate from the University of Texas School of Law in 2010.

We look forward to working with Adrian and Air Alliance Houston in the pursuit of clean air for Texas.

Posted in Air Pollution, Clean Air Act, Houston | 1 Response

New Tier 3 Vehicle Emissions Standards Offer Huge Step Forward For Clean Air In Texas

Immediate Reductions Are Equivalent To Taking One In Eight Cars Off the Road

(source: www.eta.co.uk)

Today, the U.S. Environmental Protection Agency (EPA) released updated national vehicle emissions and fuel standards, commonly referred to as Tier 3, which will reduce the amount of sulfur in U.S. gasoline and establish stronger tailpipe emission limits on new passenger vehicles.

These measures will directly reduce toxic air pollutants, soot and smog – or ground level ozone as it is otherwise called – and at a low cost. Tier 3 is supported by state health officials, automakers, the emissions control industry, health and environmental groups, and national recreation groups because it will help protect public health, provide greater regulatory certainty for the automobile industry, and create jobs in refineries and manufacturing.  Furthermore, the additional cost to consumers of the cleaner gasoline will be less than a penny a gallon.

Why is Tier 3 important? Passenger vehicles are the second largest emitters of nitrogen oxides (NOx) and volatile organic compounds in the U.S. – the two primary pollutants that form ozone. Cars and light trucks also emit more than half of all carbon monoxide pollution, and contribute significantly to dangerous and sometimes lethal particulate matter emissions.  One of the Tier 3 supporters, Honda’s Senior Manager of Environment & Energy Strategy, Robert Bienenfeld explains that Tier 3 regulations will “enable a single national fleet to address all emissions regulations, and to reduce real-world emissions and improve public health.”

The benefit to the public will come from a dramatic and immediate cut in air pollution just from the sulfur reduction in gasoline alone – comparable to taking 33 million vehicles or one in eight cars off the road, according to National Association of Clean Air Agencies (NACAA).  Couple the fuel standards with the tailpipe standards and they will together reduce national motor vehicle emissions of NOx, carbon monoxide, and volatile organic compounds by 29, 38 and 26 percent respectively.

Bill Becker, the Executive Director of NACAA, notes that “There is no rule that will provide states and localities with as significant and as expeditious reductions in NOx as the Tier 3 regulations.” And when you think of Texas, a state with approximately 19,175,000 cars and trucks  driving across 80,000 miles of road, you can expect to see a significant air quality improvement.

It is safe to say that Texas is in need of cleaner, more efficient cars and trucks.  First, as we have reported many times, Texas is a high risk area for ozone health threats.  Last year, Texas exceeded ‘health-based’ ozone limits over 120 times in the larger metropolitan areas.  Second, Texas keeps growing, and with a rise in population comes a rise in the number of cars on the road as well as the associated health risks.  Luckily, Texas citizens are in a position to take control of their everyday car usage and shift gears on the type of car to buy. Hybrid and electric vehicles are clean alternatives and are becoming more popular in the state. And advanced technologies for gasoline and diesel vehicles are driving up miles per gallon (MPG) to help Texans capture fuel cost savings, despite the state’s challenges to fuel efficiency improvements.   There are other ways Texans can offset car pollution and save money – they can drive less, use public transportation and push local governments for clean, fuel-efficient programs. From a health perspective, cleaner cars mean cleaner air and improved health for Texas citizens.

Click here to find out more ways to reduce your own car footprint, limit gasoline usage and save money at the pump.

Posted in Air Pollution, clean car standards, Ozone, Soot, Transportation | Leave a comment

Largest Meeting Of Toxicologists In The World Held In Texas

This week, San Antonio will host the 52nd Annual Meeting of the Society of Toxicology (SOT), an organization of scientists from academic institutions, government, and industry who practice toxicology in the U.S. and abroad.

Toxicology is the study of poisons. One of the oldest adages of toxicology (from Paracelsus, who is considered the father of toxicology) is that the dose makes the poison. I’ve always found this to be one of the most interesting things about the field – that literally anything can be toxic at a high enough dose. Toxicologists examine the adverse effects of chemical, physical, or biological agents on living organisms and the ecosystem, including the prevention and amelioration of such adverse effects.

Given the number of large petrochemical and refining industries in Texas, the state is no stranger to dealing with toxics of all sorts. Over the years, emissions of toxics in the state have declined overall, but new challenges have risen, including increased drilling for natural gas and strengthened health-based standards for some pollutants. These topics and more will be covered at the upcoming toxicology meeting.

Some of the sessions most applicable for clean air policy in Texas include:

  1. Diesel and Gasoline Exhaust and Cancer
  2. Human Health and Environmental Concerns around Natural Gas Production Using Hydraulic Fracturing
  3. “Air”-ing on the Side of Caution: Anticipating Impacts of Emerging Issues in the Health Effects of Air Pollution

I look forward to learning more about the latest significant scientific achievements in toxicology and how such knowledge can enhance EDF’s work – ultimately improving the health of all Texans through better air quality advocacy.

Posted in Air Pollution, GHGs | Leave a comment

Heavy Duty Hydrogen Fuel Cell Electric Hybrid Trucks Rolling Into Houston

Source: www.earthtechling.org

Thanks to funding from the Department of Energy (DOE) and some committed regional stakeholders that include  Houston Galveston Area Council (HGAC), Total Transportation Services, Inc. (TTSI), Air Products, Vision Industries, and EDF, 20 dirty, diesel powered heavy duty trucks, the ones carrying large containers, will be replaced with zero-emission TYRANO™ hydrogen fuel cell-electric trucks.  The DOE granted HGAC $3.4 million in funding to launch a zero emission engine technology demonstration project – the largest of its kind- at the Port of Houston Authority (PHA), where heavy duty trucks are projected to account for almost half of all port emissions by 2015.

Expected emission reductions from the project include 39 tons of nitrogen oxides and 0.8 tons of particulate matter per year. This award is especially timely as the Houston area is on the verge of a non-attainment designation with the newly strengthened particulate matter standard and still struggles to meet the national ambient air quality standard for ozone.  In addition to reductions of criteria air pollutants, the demo will enable the displacement of 200,000 gallons of diesel annually (equivalent to reducing 2,180 tons of CO2).

Historically speaking, the cargo transport sector has been confined to older, dirtier diesel engines. This award signifies a positive step forward in demonstrating a new technology for the freight sector. The trucks are expected to be rolled out later this year, and will be fueled with hydrogen locally sourced from natural gas feedstock.

In addition, over 80 percent of the truck components will be built and assembled right here in America.  Clean air and clean energy for a better economy makes for a triple win.

Posted in Air Pollution, Diesel engines, Goods Movement, Houston, PM2.5, Transportation | 1 Response