Category Archives: Clean Air Act

EDF Goes Back To Court To Support Climate Pollution Reductions

This commentary originally appeared on EDF's Climate 411 blog.

Another high-profile clean air case played out yesterday in the U.S. Court of Appeals for the District of Columbia Circuit.

A three-judge panel heard oral arguments in a lawsuit filed by the state of Texas and some industry petitioners.

The lawsuit challenges EPA’s efforts to ensure smooth, uninterrupted permitting for large new industrial sources of climate pollution in Texas.

EDF was part of a coalition of clean air advocates that filed two briefs in the case. We filed in support of EPA, along with Conservation Law Foundation, Natural Resources Defense Council, and Sierra Club.

At issue in the case are State Implementation Plans, or SIPs as they’re commonly known.

Here’s some background on the case

U.S. clean air laws require that large new industrial sources obtain construction permits providing for cost-effective modern solutions to mitigate climate pollution. The states are empowered to provide those permits – through their SIPs.

In 2010, EPA found that 13 states, including Texas, lacked the ability to carry out that requirement.

All those states except Texas worked with EPA to ensure permitting authority was in place. That allowed large new industrial sources in those states to obtain the needed construction permits.

In an August 2, 2010 letter to EPA, Texas wrote that it:

ha[d] neither the authority nor the intention of interpreting, ignoring, or amending its laws in order to compel the permitting of greenhouse gas emissions.

That brings us to the lawsuits.

Here’s a look at what happened in court yesterday

Judges Judith Rogers, David Tatel, and Brett Kavanaugh heard oral arguments.

The judges closely questioned Texas and industry petitioners about the impact of the court’s recent decision in another case that we’ve written about.

In that challenge to the Endangerment Finding, before the same court, judges upheld EPA’s first-generation climate protections.  The decision in that case said that EPA’s interpretation of the Clean Air Act was:

unambiguously correct

In light of that earlier ruling, EPA argued that its actions were necessary to ensure that sources in Texas could get permits.

That became one of the main points of discussion during oral arguments yesterday – as the judges pressed Texas and the industry petitioners to describe how EPA’s actions caused them any injury.

Read More »

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Texans Celebrate Earth Day This Weekend

This post was written by guest blogger Katherine “Koko” Owens, EDF Communications Intern, US Climate and Energy Program.

Source: www.earthdaykids.com

By now many of us know that Earth Day is this coming Monday.  Countries around the world have been celebrating Earth Day every April 22 since 1970, when the Clean Air Act was enacted.  It’s a day when citizens of the world stop for just a moment to appreciate the planet on which we live, reflect on how to protect our precious resources, and most importantly, improve the sustainability and quality of life for all.

According to Wikipedia, the April 22 date was designated as International Mother Earth Day after the United Nations adopted a resolution in 2009.  Earth Day is now coordinated globally by the Earth Day Network, and is celebrated in more than 192 countries each year.

Because April 22 falls on a Monday this year, many Earth Day events throughout the state of Texas will be held on Saturday and Sunday.  I have the happy privilege of joining some of my fellow EDFers on Saturday and Sunday at the Earth Day Dallas festival, where we invite all of our Texas Clean Air Matters readers to visit and say hello.  We will have coloring activities for those young, budding environmentalists and information on all of EDF’s initiatives.

This year, we will have EDF representatives talking about the environment related to oceans, ecosystems, our Climate Corps and Texas’ energy resources.  Naturally, I’ll be on the lookout for all things related to air quality and promise to remind visitors of the significance of the Clean Air Act. Read More »

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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.

Also posted in Air Pollution, Houston | 1 Response

Ozone Action Days: What Do They Really Mean

This post was written by guest blogger Deanna Altenhoff, Executive Director of CLEAN AIR Force of Central Texas.

We are all familiar with the term “Ozone Action Day” and typically associate it with a hot summer day.  But what does it really mean?  The CLEAN AIR Force of Central Texas, the only non-partisan, public/private organization in Central Texas exclusively focused on air quality improvement, explains the significance of ozone pollution – and what you can do to make a difference. The CLEAN AIR Force Board of Directors consists of 32 executives from both the public and private sector, including Dr. Elena Craft of the Environmental Defense Fund, united in the common goal of finding workable solutions for improving our region’s air quality. The CLEAN AIR Force is not about waiting for the federal government to tell us what to do to clean up our air; we’re about taking early action now to keep air quality decisions at the local level.

The CLEAN AIR Force oversees a number of voluntary air quality programs that serve the public and help to reduce ozone levels in the Central Texas region. Two examples of those programs are the Clean Air Partners Program and the Clean School Bus Program.  We help implement and coordinate the air quality improvement efforts of local businesses, governments and organizations through our Clean Air Partners Program and we help retrofit and replace older polluting school buses with newer cleaner technologies and implement anti-idling policies through our Clean School Bus Program.  Educating citizens on what they can do to reduce their emissions is also a key part of our mission.

Central Texas is considered near-nonattainment for ground-level ozone under the Environmental Protection Agency’s (EPA) National Ambient Air Quality Standards (NAAQS). The ozone standard is currently set at 75 parts per billion (ppb) and the Central Texas Design Value for 2012 was 74 ppb. Despite two new and lower ozone standards in the past 16 years and a doubling of the population in the last 22 years, Central Texas has been able to avoid nonattainment because of positive weather conditions and the many pro-active air quality efforts our region is making, but there are many challenges ahead.

EPA has announced they may lower the existing standard of 75 ppb to 60-70 ppb by the end of 2013. This means we must continue to work together as a region to significantly lower our ozone emissions or risk being designated as nonattainment, which would negatively impact both public health and the health of our economy.

So what’s so bad about ozone health-wise? Ozone is a form of oxygen that is formed through chemical reactions between natural and man-made emissions of Volatile Organic Compounds (VOCs) and oxides of nitrogen (NOx) in the presence of sunlight.  Sources of VOCs and NOx include automobiles, boats, refineries, chemical manufacturing plants, solvents used in dry cleaners and paint shops, and wherever natural gas, gasoline, diesel fuel, kerosene, and oil are combusted.

Ozone Season in Central Texas runs from April 1st to October 31st. Ozone pollution is mainly a daytime problem during summer months because warm temperatures are key to its formation. When temperatures are high, sunshine is strong, and winds are low, ozone can accumulate to unhealthy levels. Read More »

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What More Sound Science Does The TCEQ Need?

This blog post was written by Larry R. Soward, and it originally appeared on the Air Alliance Houston’s blog.

In our December 2012 article, “New Soot Standards Will Better Protect Public Health,” we wrote about the new, stricter national air quality standard for fine particulate matter adopted by the U.S. Environmental Protection Agency (EPA). Particulate matter (PM) is one of the six "criteria" pollutants considered harmful to public health and the environment for which the EPA is required to set National Ambient Air Quality Standards. PM that is 2.5 micrometers in diameter or smaller — called “fine particulate matter” or “PM2.5” and commonly known as “soot” — is of greatest concern because of its significant health effects on people with heart or lung diseases, children and older adults.

Because reductions in fine particle pollution have direct health benefits including decreased mortality rates, fewer incidents of heart attacks, strokes, and childhood asthma, the new PM 2.5 standard is predicted to have major economic benefits with comparatively low costs. The EPA estimates health benefits of the new standard to range from $4 billion to over $9 billion per year, while estimated costs of implementation range from $53 million to $350 million. While the EPA cannot consider costs in selecting a standard under the federal Clean Air Act, those costs are estimated as part of the careful analysis undertaken for all significant regulations.

Strongly supportive of this new, more health-protective standard is a landmark study recently announced at a conference of the American Association for the Advancement of Science and published in the American Heart Association journal. The study found a direct link between out-of-hospital cardiac arrests and levels of air pollution from PM and ozone. Conducted by Rice University researchers right here in Houston and based on 8 years of data collected from Houston's network of air quality monitors and more than 11,000 concurrent out-of-hospital cardiac arrests logged by Houston Emergency Medical Services, the study shows that the risk of cardiac arrest ratchets up significantly as the amount of air pollution increases.

Rice statisticians Katherine Ensor, a professor and chair of Rice's Department of Statistics, and Loren Raun, a research professor in the department, found that a daily average increase in fine particulate matter of 6 micrograms per day over two days raised the risk of cardiac arrest by 4.6 percent, with particular impact on those with pre-existing, but not necessarily cardiac-related, health conditions. The study also found that increases in ozone levels produced similar results, but in a compressed timeframe. Each increase of 20 parts per billion of ozone over one to three hours also increased the risk of cardiac arrest, reaching a peak of 4.4 percent. The risks were higher for men, African-Americans and people over age 65. Ensor and Raun noted that 55 percent of the cardiac arrest cases occurred during the summer months, the period of typically high ozone levels in Houston. Approximately 300,000 persons in the U.S. experience an out-of-hospital cardiac arrest each year, of which over 90 percent die. Read More »

Also posted in Environmental Protection Agency, Ozone, Soot, TCEQ | Leave a comment

Good News For Clean Air: Gina McCarthy Nominated For Top EPA Post

EDF staffers Marcia Aronoff, Mark MacLeod, and Elena Craft, join Gina McCarthy at a SmartWay press conference in South Carolina in 2011.

We were pleased to hear this week’s announcement by President Obama nominating Gina McCarthy as the next leader of the Environmental Protection Agency (EPA). Click here to listen to the transcript of the President’s announcement of McCarthy’s nomination.

As EPA Assistant Administrator for Air and Radiation, McCarthy led the development of historic national emission standards for power plant mercury and soot emissions. She also helped implement greenhouse gas and fuel economy standards for passenger vehicles.

EDF President Fred Krupp praised the nomination in Time magazine saying that McCarthy was “well known for listening and responding to the concerns of both environmental advocates and industry stakeholders, and for pursuing a regulatory approach that is flexible, reasonable and cost-effective.”

Similar sentiments were echoed in the Washington Post, which stated that McCarthy had “cultivated a strong working relationship with members of the business community, dampening much of the opposition her selection might otherwise have encountered.”

Likewise, Michael Bradley, executive director of The Clean Energy Group, said that McCarthy “has taken a measured approach to balancing energy and environmental issues while thoughtfully engaging with industry to develop sensible clean air policies.”

Gina is no stranger to Texas. She has been to the Houston region many times to share her messages supporting clean air. I have had the privilege of seeing first hand her dedication to science and to public health.

In 2009, Gina came to Houston to award the region $9 million worth of American Recovery and Reinvestment Act SmartWay Diesel Emissions Reduction Act funding to the Houston-Galveston Area Council (HGAC) to start a clean truck program in Houston. EDF, together with the Port of Houston Authority and HGAC partnered on the grant application for these SmartWay program funds. McCarthy also presented testimony regarding regulation of greenhouse gases at a field hearing in Houston held by the Energy and Power Subcommittee of the House Energy and Commerce Committee in March of 2011.

In June 2011, McCarthy joined EDF, the Coalition for Responsible Transportation and the Port of Charleston in announcing support for a goods movement initiative called the EPA SmartWay Drayage Program, which builds partnerships between the retail industry, trucking, and port communities to help reduce harmful air emissions from port trucks.

I have no doubt that Texas air quality has the potential to improve under Gina McCarthy’s leadership. Her record clearly speaks for itself.  Please join us in telling your Senators that you support her nomination, clean air, and public health protection by filling out a quick form offered for your convenience.

Also posted in Environmental Protection Agency, Goods Movement, Houston | Leave a comment

A Tribute To EPA Leader Lisa Jackson

Source: Wikipedia

Since 2009, EPA Administrator Lisa Jackson has led the charge toward providing clean air protection, putting into place historic standards that will ultimately help save thousands of lives and prevent hundreds of thousands of asthma and heart attacks.

Last month, after Administrator Jackson announced that she would be leaving the Environmental Protection agency, President Barack Obama praised such actions made under her tenure:

Over the last four years, Lisa Jackson has shown an unwavering commitment to the health of our families and our children. Under her leadership, the EPA has taken sensible and important steps to protect the air we breathe and the water we drink, including implementing the first national standard for harmful mercury pollution, taking important action to combat climate change under the Clean Air Act, and playing a key role in establishing historic fuel economy standards that will save the average American family thousands of dollars at the pump, while also slashing carbon pollution.”

EDF President Fred Krupp echoed similar sentiments in a recent statement:

It has been an honor to work with Lisa Jackson. During her tenure as EPA Administrator, America has taken strides toward cleaner air, a smaller carbon footprint and a healthier environment . . . Most importantly, EPA helped set a path for us to begin to meaningfully fight climate change by completing the Greenhouse Gas Endangerment Finding, and then started us down the path towards addressing greenhouse gases by proposing carbon pollution standards for new power plants.”

Since 2010, Texas Clean Air Matters has covered many of these historic EPA successes, giving praise where genuinely due. In “Court Upholds Historic EPA Actions, Rebukes Texas' Lawsuits To Undermine Health Protections,” for example, we wrote that the ruling “underscores what we have long known — that EPA’s climate protections are firmly grounded in science and law and will help secure a healthier, more prosperous future for all Americans.” In “Court Upholds Sulfur Dioxide Standards” we hailed an appellate court decision affirming EPA’s standards, designed to protect American families from harmful, short-term sulfur dioxide (SO2) exposure.

Just last month we praised EPA in “Houston Exceeds Health Standards for Particulate Matter: More Work Ahead” for releasing new soot standards, a move that will help secure healthy air for millions of Americans, including those in Houston where existing soot levels already exceed the new limits.

As Administrator Jackson departs, we wish to thank her for the enormous strides made toward improving America’s air quality under her leadership, and to issue a call for the next administrator to earnestly continue the admirable legacy that she leaves.

We leave you with a short list of EPA’s official* clean air milestones made during Administrator Jackson’s tenure:

  • Finalizing Clean Air Standards for Industrial Boilers, Incinerators and Cement Kilns

In December 2012, EPA finalized changes in Clean Air Act standards for boilers and certain incinerators, providing important public health protections. While providing flexibility to industry for implementation, the standards will avoid up to 8,100 premature deaths, prevent 5,100 heart attacks and avert 52,00 asthma attacks per year in 2015.

  • Setting New Health-Based Standards for Fine Particle Pollution

In December 2012, EPA established the annual health standard for fine particle pollution (PM2.5), including soot, at 12 micrograms per cubic meter. Fine particle pollution can penetrate deep into the lungs and has been linked to a wide range of health effects, including premature deaths, heart attacks and strokes as well as acute bronchitis and aggravated asthma among children. Read More »

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GHG Permitting Program Running Smoothly In Texas, Thanks To EPA

This is the second of a two-part series on greenhouse gases and the part Texas plays.

(Source: NRDC)

Last month, we wrote about The Convention on Climate Change conference (COP18) and the importance of reducing greenhouse gas emissions (GHG) in Texas, a state whose GHG emissions are comparable to those from “131 railcars worth of burning coal.”

Indeed, such emissions increasingly have the potential to threaten our way of life as the climate continues to change. Just this month, a draft report from the National Climate Assessment and Development Advisory Committee says that evidence of climate change can already be seen around the world, including Texas. According to the report, there is “strong evidence to indicate that human influence on the climate has already roughly doubled the probability of extreme heat events like the record-breaking summer of 2011 in Texas and Oklahoma.”

Because it’s been well documented that Texas contributes a disproportionate share of the nation’s GHGs when compared to other states, we welcome the news that after one year, the Environmental Protection Agency’s (EPA) GHG federally implemented permit program is on its way to becoming a national model and a good starting place for Texas should the state ever regain management of the program.

Background

Under the federal Clean Air Act, states have the authority to regulate facilities that emit air pollution, including GHGs. In December 2010, after Texas refused to issue GHG permits to facilities in the state, EPA stepped in and created a federal implementation plan for GHG permits whereby facilities could apply to EPA directly for their GHG permits. Had EPA not stepped in to issue the permits, several new facilities across the state would have not been allowed to operate.

Unsurprisingly, industry leaders and even Texas officials balked at the move and filed lawsuits in retaliation. The biggest criticism was that such action would hurt business. However, since EPA began issuing GHG permits in 2011, most facilities have begun the process of reducing emissions to comply and business as usual continues.

Update

According to EPA staffers, the GHG permit program is well under way and shaping up to be a national model. The program includes agency transparency, public participation, scientific rigor and solid process. Since EPA took over the program, such elements have ensured the approval of numerous facility applications in Texas.

Another positive outcome of EPA’s management of the program has been the establishment of best emissions control technologies. EPA staffers say that a number of the approved permits could easily be considered some of the best model permits in the country. Sometimes, stronger controls are implemented than a company may have proposed on day one. Implementing this program has been a learning process and ultimately has the potential to benefit similar programs around the nation, as well as safeguarding public health through improved air quality.

The process hasn’t been perfect – the biggest issue so far has been that incomplete applications can delay the permit. EPA is working to educate applicants on the process, and delays have been reduced coming into the new year.

They said it couldn’t be done. When EPA first took over the program, critics predicted the move would shut down business. That didn’t happen. Permits are being issued. There haven’t been any closures. Facilities are up and running and bringing forward the best control technologies.

Bottom line: Companies are able to do the job they need to do while reducing harmful emissions. EPA stepped in to issue air permits when the state would not, enabling businesses to comply with federal regulations, and ultimately helping Texas to thrive economically while also doing its part to help combat climate change.

 

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2012 Texas Air Quality: A Year In Review

As we come to the end of another year, we reflect on all that has happened in the world of Texas air quality. This year has brought new challenges and reminded us of how much remains to be done in the quest for healthier air across the state. Our work is critical to the millions of those who are especially vulnerable to the harms of air pollution.

I’d like to thank my fellow bloggers for another outstanding year in helping to highlight the air quality issues of 2012 and for the continued support of all of our readers.  We look forward to bringing you more news and views in 2013. Wishing you and your family a happy, healthy, and prosperous New Year!

The Environmental Protection Agency (EPA) released updated standards for fine particulate matter (PM2.5), often referred to as “soot” (although it actually comprises a broader array of fine particles). Fine particulate pollution in the air we breathe — some of it directly emitted from cars and trucks, some of it resulting from factories and electric power plants hundreds of miles upwind – can lodge in the lungs and cause a variety of respiratory and pulmonary disease, especially in children and seniors. EDF praised the move, which will help secure healthy air for millions of Americans, including those in Houston where existing soot levels already exceed the new limits.

The State of Texas and the Texas Commission on Environmental Quality (TCEQ) once again fight against clean air rules that will save Texans’ lives. This time, it was the first-ever standards limiting the amount of mercury and other toxics power plants could emit. The Mercury and Air Toxics Standards (MATS) will ensure that 90 percent of the mercury content in coal burned by power plants is not released into our air. TCEQ, the Texas attorney general, and others challenged the standards in court, saying that the toxic pollutants covered by the mercury standards do not "pose public health hazards.” The reality is that power plants in the U.S. are a major source of many toxics such as mercury, arsenic, chromium, acid gas, and nickel. A report EDF released last year demonstrated that Texas had an oversized share of the top mercury emitting coal plants in the U.S. in 2009. We called on TCEQ and the state of Texas to stand up to harmful pollution instead of standing in the way of public health protections.

Clean school bus programs in Texas made significant progress toward improving air quality on our state’s school buses, though much work remains to be done according to an EDF analysis: “Review of Texas’ Clean School Bus Programs: How Far Have We Come and What Is Still Left to Do?” The report highlighted the efforts of state and regional programs in administering clean bus programs, and detailed the progress made with retrofits and replacements. With momentum from successes to date, the EDF report recommended that communities, ISDs, and government officials carry on the clean school bus momentum by continuing to seek funding for these types of projects; completing existing clean school bus projects; and investing in these projects through budget and legislative funding allocations. Again, work remains to be done to protect the health of Texas children and improve the air quality in and around school buses – until all of Texas’ oldest buses are either replaced or retrofitted.

Since 2009, the Drayage Loan Program (DLP) has worked to replace older, more polluting trucks in the Houston area with newer, cleaner trucks by providing critical funding and support to local independent owner operators and drayage fleets. The innovative program, administered by the Houston-Galveston Area Council and supported by the Port of Houston Authority, Environmental Defense Fund, and numerous drayage companies and truck dealerships, combines low-interest loans and substantial grants to fund the fleet turnover. The effort led to the successful replacement of 138 drayage trucks, engaged numerous drivers and carriers, and spent nearly the entire original EPA SmartWay grant. At full implementation, the program is expected to eliminate 1,638 tons of nitrogen oxide, 26.7 tons of particulate matter, and 3,636 tons of carbon dioxide. This represented an important step toward reducing air pollution in the Houston area.

With around 45,000 shale gas wells operating in the United States – triple the number in 2005 – people are rightfully concerned about the extent of the shale boom’s potential damage to the environment. The issue became the focal point of discussion during “Can Natural Gas Be Sustainable?,” a five-person panel presentation at the second annual SXSW Eco conference in Austin. As part of the panel, we discussed how stronger standards and employing best practices could minimize impacts of increased natural gas production in the wake of growing public concern about the health and environmental impacts of drilling. EDF continues to address the key problem areas associated with natural gas development: exposure to toxic chemicals and waste products; faulty well construction and design; climate impacts from methane leakage; local and regional air pollution; and land use and community impacts.

Clean air protections were threatened with a U.S. Court of Appeals decision against EPA’s cross-state air pollution rule (CSAPR). The rule estimated to reduce power plant emissions across state boundaries, saving up to 34,000 lives each year, preventing 15,000 heart attacks and 400,000 asthma attacks, and providing $120 to $280 billion in annual health benefits for the nation. Issued under the “Good Neighbor” protections of the Clean Air Act, CSAPR would have reduced power plant sulfur dioxide emissions by 73 percent and oxides of nitrogen by 54 percent from 2005 levels across 27 eastern states and the District of Columbia. The ruling changed little about the facts on the ground in Texas. That is, cross-state air pollution from Texas will still be regulated under the – albeit somewhat weaker – Clean Air Interstate Rule (CAIR) adopted in 2005 during the Bush administration. Texas power plants must therefore comply with both the first phase of the CAIR that took effect in 2010 and the second-phase reductions that are required in 2015.

In a much-anticipated report on the management of the Port of Houston Authority (PHA), the Sunset Commission, as directed by the Texas legislature, identified several opportunities to improve aspects of port management, including accountability and stakeholder trust. The 95-page report includes a series of recommendations for improvement in a number of basic management and fiduciary areas at the port. While the report reaffirmed the Authority’s ongoing “responsibility as a government agency,” it also highlighted a pervasive “lack of accountability.” Understanding that the port is a unique institution, PHA is criticized in the report for not following a number of best practices in either the private or public sector. As EDF continues to work in partnership with PHA to reduce emissions from oceangoing vessels, trains, cargo handling equipment, and port trucks and improve Houston air quality, we were encouraged by this report’s findings and recommendations. These reforms will also make PHA stronger and better equipped to handle the inevitable diverse pressures over the next several years.

The potential health impacts to workers who daily toil in and around the hundreds of drilling sites were highlighted in a National Institute for Occupational Safety and Health (NIOSH) Hazard Alert, identifying exposure to airborne silica as a health hazard to workers conducting hydraulic fracturing operations during recent field studies. NIOSH is working to identify other potential health risks at drilling sites, acknowledging that there is a real lack of information on occupational dust and chemical exposures in this industry. However, silica is just one of several chemicals used during the hydraulic fracturing process that can pose hazards at well sites, according to State Impact.

Thanks to a federal appeals court decision, EPA’s health-based air quality standards for sulfur dioxide (SO2) will stand firm. These National Ambient Air Quality Standards (NAAQS) for SO2 will improve health protections, especially for children, the elderly and individuals with asthma. EDF Attorney Peter Zalzal praised the decision saying it “strongly affirms that EPA’s clean air protections addressing dangerous sulfur dioxide are firmly grounded in science and the law.”

The annual Texas smog season – April through October – appeared in full swing this year with numerous counties around the state exceeding health-based ozone concentrations many times since March. Ozone-forming pollution is emitted by cars, refineries and various industrial plants.  As more Texans began to see shale gas drilling rigs pop up around them, many asked the question: Could emissions from natural gas and oil operations significantly contribute to ground-level ozone? The answer was an unequivocal yes.

The U.S. Court of Appeals for the D.C. Circuit issued a unanimous opinion affirming EPA’s protective carbon pollution standards issued under the Clean Air Act.  The Court upheld EPA’s science-based finding that greenhouse gas emissions endanger public health and welfare and the Clean Car Standards. The court also dismissed petitions challenging the requirement for large industrial sources to install modern cost-effective solutions to address greenhouse gases and EPA's common sense approach to inoculate small sources. Today’s ruling underscored what we have long known — that EPA’s climate protections are firmly grounded in science and law and will help secure a healthier, more prosperous future for all Americans.

Though the cancer risks from exposure to diesel emissions have been known for many years, the International Agency for Research on Cancer (IARC), a part of the World Health Organization (WHO), officially announced that diesel emissions were carcinogenic to humans. The agency cited the robust body of scientific literature on the issue and stated that diesel emissions were associated with lung cancer and bladder cancer. WHO estimates that cancer kills 7.6 million people worldwide, and is the leading cause of death globally in 2008. Of all cancers, lung cancer is the most lethal, and accounted for 18 percent of all cancer deaths, the agency said.

EPA released a new online tool which provides data about pollution emissions for the country’s largest industrial emitters of greenhouse gases. Together, these industry sources are responsible for billions of tons of climate disrupting pollution. This will be the first time that this data is publicly available and will inform Americans about the heat-trapping greenhouse gases emitted in their communities. EDF attorney Peter Zalzal summed up our enthusiasm for this new tool: “Americans have a right to know about the pollution in their air. This greenhouse gas emissions data promotes transparency and provides a strong foundation for Americans to work together in deploying smart climate policies.”

Also posted in Air Pollution, Clean school buses, Diesel engines, Environmental Protection Agency, Houston, Natural gas, PM2.5, Ports, TCEQ | Leave a comment

Natural Gas: A Question Of Sustainability

Today there are around 45,000 shale gas wells operating in the United States – triple the number in 2005 – and as a result, people are rightfully concerned about the extent of the shale boom’s potential damage to the environment.

The issue became the focal point of discussion this month in “Can Natural Gas Be Sustainable?,” a five-person panel presentation at the second annual SXSW Eco conference in Austin. As part of the panel, we discussed how stronger standards and employing best practices could minimize impacts of increased natural gas production in the wake of growing public concern about the health and environmental impacts of drilling.

Attendees of SXSW Eco represented a broad swath of perspectives, ranging from those who were against any natural gas development to those who wanted to see much more natural gas development. One attendee even criticized the title of the panel, presenting the position that developing any non-renewable resource is inherently not sustainable.

As for the sustainability question, one thing is clear: the natural gas industry has a lot of opportunity for improvement, and there is mounting public pressure to address environmental concerns. Nearly 61 percent of Americans have negative views about the oil and gas industry – higher than any other industry (David Blackmon, from FTI Consulting, actually joked that this was an improvement!)

As part of the discussion, I spoke about the many environmental and health impacts associated with natural gas development. Construction and drilling equipment can degrade local air quality with smog-forming pollutants and air toxics (Example: activities at the Barnett Shale in Texas).  I also spoke about the implications of faulty well construction as one of the major causes of natural gas leakage, and emphasized that while natural gas is touted as a low-carbon fuel source, leaks from the production, distribution, and use of natural gas could undermine the greenhouse gas advantage combusted natural gas has over coal.

EDF is working hard to address the key problem areas associated with natural gas development: exposure to toxic chemicals and waste products; faulty well construction and design; climate impacts from methane leakage; local and regional air pollution; and land use and community impacts. Our team is engaging with community, government and industry stakeholders to help identify ways to minimize both human health and environmental risk, including:

  • Comprehensive disclosure of hydraulic fracturing chemicals
  • Modernization of rules for well construction and operation
  • Systems-based management of wastes and water
  • State and national standards for improving air quality and reducing climate impacts
  • Minimization of land use and community impacts from natural gas development

Fellow SXSW Panelists

Other speakers presented varying perspectives on natural gas issues. Chris Helman, Associate Editor of Forbes magazine, moderated the panel and emphasized the public interest on the topic, as well as the contribution of natural gas to the country’s energy portfolio.

George Peridas, a scientist from NRDC, prefaced his comments by saying, “We have a lot of work to do before we can call natural gas clean.” Peridas gave examples of numerous exemptions given the natural gas industry under the Safe Drinking Water Act, the Clean Water Act and the Clean Air Act. As well, those tasked with enforcing the state natural gas regulations that currently exist lack the ability to go out, fully inspect and enforce those standards. The result, he said, was that “industry is a self-policing entity right now.”

Much of his policy work focuses on climate change and correspondingly, Peridas said that natural gas could help with climate change and air quality when compared to coal. “The key is that gas needs to displace dirtier fuels,” he said. “A bridge is not the right frame of mind, and we cannot afford to treat gas as an abundant resource. We need to address its impacts now.”

Some of the solutions Peridas proposed included: designation of “off-limits” areas that provide fresh water resources or wildlife/conservation value; stopping those leaks that waste methane and contribute to greenhouse gas emissions; development of a comprehensive guide for how to drill safely (e.g., proper cement jobs at well sites); repealing the outrageous exemptions at the federal level that industry currently enjoys; focusing on measures and policies that promote solutions (e.g., solar energy); and ensuring that communities have a say in whether drilling proceeds in their areas.

Sister Elizabeth Riebschlaeger, a nun with Congregation Of The Sisters Of Charity Of The Incarnate Word, and community advocate for the Eagle Ford Shale, agreed strongly with co-panelist George Peridas and his push for more local regulations. She told the story of citizens in small, rural Texas towns being strongly impacted by the Eagle Ford shale, and even used the phrase “merciless exploitation” to describe her own such experience.

Sister Elizabeth asked the rhetorical question: “Are we counting our natural gas clean energy chickens before they hatch?” She then emphasized that society must consider all of the activities required to produce natural gas, including activities she has observed in the Eagle Ford Shale: trucks and heavy equipment; travel trailers for workers; transporting of sand and chemicals, fracking equipment, and toxic waste (produced during operations); construction of huge batteries and tanks; rigs operating 24 hours a day; loud compressor stations; damage to land requiring clean up; and more.

David Blackmon, managing director at FTI Consulting, represented industry’s point of view, which touts the “reality that over half of our electricity generating capacity is natural gas.” The demand for natural gas includes backing up intermittent supply from solar and wind power. He said that natural gas was one of the only power sources that could be “cycled up” in a matter of minutes and that coal made this process more expensive.

Blackmon said that the key to making natural gas sustainable was ensuring public trust; trust that it is being appropriately regulated at federal, state and local levels. “I absolutely agree that there are not enough inspectors in the Texas Railroad Commission to regulate it,” he said. “The good news is that most companies in the industry recognize the need for public trust and are working towards that.”

Also posted in Air Pollution, Barnett Shale, Natural gas | 2 Responses