By: Richard Lowerre, Attorney with Frederick, Perales, Allmon & Rockwell
Source: StateImpact Texas
Recently, the Texas Center for Policy Studies (TCPS) issued its report examining Texas’ current water planning process. Founded in 1982, TCPS has pursed its theme of "Research for Community Action" by developing policy recommendations for sustainable growth and development in Texas.
Water has been a major topic for this work, and the current drought highlights the need for an effective state water planning process. TCPS’s report, however, finds fault with many aspects of the current planning process.
Overall, the report concludes that the projected need for water in 2060, according to the Texas Water Development Board (TWDB), is more than twice the amount that should be needed. As a result, the 2012 State Water Plan, developed by TWDB, recommends spending many billions of dollars on new reservoirs and other water projects that can be avoided. Read More
Last month, Texas Governor Rick Perry penned an open letter to President Barack Obama criticizing the administration’s energy policy and urging the federal government to adopt the “Texas approach” to energy and environmental regulations. The letter stoked its fair share of controversy, prompting Politifact Texas to weigh in on Perry’s claims about Texas air pollution. Unsurprisingly, they found that Perry’s words were only a half-truth, masking the true state of air quality in Texas. With this post, I’ll unpack Perry’s claims, discuss the true state of the air in Texas, and suggest where the state should go from here.
In his letter, Perry claimed that, since 2000, Texas has reduced “harmful pollutants in the air like nitrogen oxide by 62.5 percent, and ozone by 23 percent—a reduction that is 12 percent greater than the national average.” Politifact deemed this statement more spin than substance for good reason; while Texas air quality has improved in recent years, Texas cities ranked among the worst in the nation for ozone and particulate matter in the American Lung Association’s most recent State of the Air report. Both ozone and particulate matter pose a risk to human health, contributing to respiratory and cardiovascular diseases, especially in children and the elderly. And because ozone forms more readily on hot, sunny days, Texas ozone season lasts for several months, increasing health risks for Texans exposed to pollution. While Texas air quality has improved, we still fair worse than most of the nation—it’s far too early for Rick Perry to claim victory over air pollution. Read More
Growth at the Port of Houston. Aftermath of the BP oil spill. Resiliency in the era of climate change. These are but three of the critical environmental justice issues facing communities in Texas and the South. Thriving in light of these challenges will require innovative partnerships and creative solutions – all of which were showcased at last week’s “Encuentro.” We first highlighted this influential event last week and a few members of EDF’s Texas office had the opportunity to attend. Organized by the Houston Peace and Justice Center and hosted by Texas Southern University’s Barbara Jordan-Mickey Leland School of Public Affairs, Encuentro brought together community leaders, environmental advocates, and energy and sustainability experts with a goal of advancing the environmental justice movement in the region.
In the face of grave challenges, there was a tremendous spirit of optimism as a panel of TSU graduate students kicked off the day with their insights on sustainable communities and the power of participatory research. Renowned experts, such as Dr. Robert Bullard and Dr. Al Armendariz, deepened the resolve of Encuentro participants with their eye-opening analysis of some of society’s most entrenched and complex challenges. For example, a zip code is still the most accurate predictor of health. Where you grew up and where you live are closely associated with environmental quality and health outcomes. This means that fence-line communities, like Manchester, TX which neighbors a large rail yard, major highways, chemical plants, manufacturing facilities, and a car crushing facility, are in a precarious and often dire situation. This stark reality is what drives Encuentro and all of the efforts to improve environmental and public health. Read More
Well site located in Eagle Ford Shale play
Late last week, the Alamo Area Council of Governments (AACOG) released a report outlining emission projections from oil and gas activity in the Eagle Ford Shale play, the most active drilling area in the country right now. Under the moderate drilling activity scenario, projections of air pollutants are expected to quadruple in the next four years. Even though this seems like a staggering prediction, it is likely an underestimation, given certain emissions are not accounted for in the inventory.
What does the report say?
The report assesses the emissions from oil and gas activity in the Eagle Ford Shale play and projects air pollution under three different development scenarios: low, moderate, and aggressive. Projections over the next several years indicate that we can expect substantial increases in smog-forming nitrogen oxide emissions (NOx), volatile organic compounds (VOCs), and carbon monoxide. Read More
Source: Dallas Observer
A new study accepted for publication in Environmental Science & Technology takes a close look at the amount of certain air pollutants in the Barnett Shale, a booming oil and gas region in North Texas. Using public monitoring data from 2010-2011, researchers from the University of Texas at Austin compared air pollution levels measured at a monitor surrounded by oil and gas operations to the levels that would be expected based on available emission estimates. The result brings to light that the emissions inventory from the Texas Commission on Environmental Quality (TCEQ) for the Barnett Shale does not add up to the observations.
There are numerous air pollutants that can be emitted by oil and natural gas development. Depending on the local composition of the produced gas, emissions can often include volatile organic compounds (VOC, such as propane, butane, pentane, etc.) that contribute to the formation of ground-level ozone (also known as smog), and toxic air pollutants like benzene and hexane that are directly hazardous to human health. Methane, the primary ingredient in natural gas and a greenhouse gas catching lots of attention these days, is another powerful pollutant associated with these operations. Unlike the pollutants listed above, methane directly affects the health of our climate rather than human health. Fortunately, available technologies designed to capture methane are also effective in reducing these other pollutants. However, methane controls alone may not ensure that local air quality concerns are addressed – these require special attention. Read More
This post was co-authored by Tomás Carbonell, EDF Attorney, and Brian Korpics, EDF Legal Fellow.
Source: Texas Tribune
Haze over Dallas Area
Last week, EDF took one more step toward protecting Texans from harmful levels of ozone pollution that have afflicted the state for far too long.
Ozone pollution, better known as “smog,” is one of the most severe and persistent public health problems affecting Texans. Smog causes a range of health issues — including aggravation of asthma and other respiratory illnesses, decreased lung function, increased hospital and emergency room visits for respiratory conditions — and it is associated with premature mortality in urban areas.
According to the American Lung Association (ALA), Dallas-Fort Worth is the eighth most affected area in the country for smog. ALA estimates the city is home to millions of people who are sensitive to ozone-related health problems — including 1.6 million people suffering cardiovascular disease; nearly 1.9 million children; nearly 650,000 elderly residents; and over 520,000 people with asthma. Read More
Source: Angela Keck Law Offices LLC
By: Tomás Carbonell, EDF Attorney, and Brian Korpics, EDF Legal Fellow
This post originally appeared on EDF's Energy Exchange blog.
As we have highlighted before, EPA’s recent actions regarding storage tank standards is of particular interest to Texas. In 2009 alone, there were 6,120 storage tanks built in Texas large enough to be subject to EPA’s standards. The standards will apply only to new tanks. Since the number of new tanks is related to the number of existing wells, and Texas accounts for approximately 23% of new oil wells and 33% of new gas wells drilled in the U.S. (far greater than any other state), Texas is likely to account for a large share of the country’s new storage tanks. From a health standpoint, this rule preserves important protections for Texans, but much more remains to be done. Many counties in Texas fail to meet health based air quality standards. EPA needs to fortify thoughtful rules that place public health above all else, so that Texans (and many others) can breathe safe, healthy air that is free of ozone and other harmful contaminants.
A new year may be upon us, but – unfortunately – some members of the oil and gas industry would prefer we roll back the clock on common sense, long-overdue emission standards for oil and gas equipment.
Oil and natural gas production continues to expand rapidly in the United States – and with it the potential for emissions of climate-destabilizing pollutants (especially methane), smog-forming compounds and carcinogenic substances, such as benzene. We urgently need rigorous national standards that comprehensively address the full suite of pollutants from oil and gas facilities, protect public health and the environment and conserve needless waste of our nation’s natural resources. Read More
On Thursday, November 7, the Environmental Protection Agency opened its doors across the country to solicit public comment on the Carbon Pollution Standards for existing coal-fired power plants. The EPA seeks to implement common sense, realistic limits on the air pollution emitted from fossil fuel power plants, the single largest source of climate pollution in the United States.
To date, the coal industry has had free license to pollute carbon without limitation, leading directly and indirectly to harm human health and the environment.
These rules will bring a breath of fresh air to Texans and other Americans across the county.
Sadly in a few states, such as Texas, officials are acting to protect the owners of a few dirty coal plants and undermine the economic and health benefits that EPA will realize with the new measure.
Christi Craddick, member of the Texas Railroad Commission, the state agency charged with regulating mining, published an editorial in the Abilene Reporter-News stating the proposed EPA standards will cause “detrimental effects on U.S. competitiveness in world markets, halt America’s energy boom and manufacturing renaissance and cost the U.S. economy.” Craddick cites no evidence to support her claims. Read More
Last week’s announcement of the publication of a University of Texas (UT) study examining methane emissions from U.S. natural gas production sites marks a major milestone in EDF's efforts to better quantify the amount of methane leakage across the natural gas supply chain. The UT study is the first installment of a major EDF initiative being conducted in partnership with leading research universities, scientists and natural gas companies.
About five years ago, EDF began looking into the emissions of air pollutants coming from natural gas operations in multiple geographic regions – including various parts of Texas. This was a time when the industry was undergoing a dramatic growth spurt thanks to technologies such as horizontal drilling and hydraulic fracturing (or ‘fracking’), which enable the commercial extraction of natural gas from deposits of shale rock located deep underground. We quickly learned that available estimates of how much methane was emitted were fairly uncertain.
Small amounts of natural gas, which mainly consists of methane, a powerful global warming pollutant, are lost into the air as the gas coming out of the ground makes its way from the wells that produce it and through the processing and pipeline systems bringing it to consumers. We have written elsewhere why these emissions matter for our climate, environment and public health. Read More
Source: Sage Metering
This post originally appeared on EDF's Energy Exchange blog.
EPA’s recent decision regarding storage tank standards is of particular interest to Texas. In 2009 alone, there were 6,120 storage tanks built in Texas large enough to be subject to EPA’s standards. The standards will apply only to new tanks. Since the number of new tanks is related to the number of existing wells, and Texas accounts for approximately 23% of new oil wells and 33% of new gas wells drilled in the U.S. (far greater than any other state), Texas is likely to account for a large share of the country’s new storage tanks. From a health standpoint, this rule preserves important protections for Texans, but much more remains to be done. Many counties in Texas fail to meet health based air quality standards. EPA needs to fortify thoughtful rules that place public health above all else, so that Texans (and many others) can breathe safe, healthy air that is free of ozone and other harmful contaminants.
August is typically a quiet time of year, and particularly so for work that concerns the nation’s capital. But amidst the dog days of summer, federal regulators made a fairly significant move this month to preserve stricter emissions controls for thousands of large storage vessels used to temporarily house crude oil, condensate and other liquids.
Last Monday, the U.S. Environmental Protection Agency (EPA) issued a rule that keeps in place an important aspect of its oil and gas pollution standards (or New Source Performance Standards, NSPS) issued last year, including provisions for storage tanks that emit six or more tons of ozone-forming air pollutants annually. These standards were intended to help reduce ground-level ozone and methane emissions in areas where oil and gas production occur. EPA proposed revisions to these standards in April of 2013 in response to industry petitions for less stringent requirements that would have considerably diminished important gains made by the NSPS to protect public health and the environment. EDF and five other environmental organizations joined together to strongly encourage EPA’s reconsideration, opposing these revisions in detailed technical comments filed with the agency. Read More