Category Archives: Texas Permitting

One Year Later: Texas Environmental Agency Fails to Address Public Comments on Pollution in Texas City

This post was co-authored by Adrian Shelley, Air Alliance Houston Executive Director. 

rp_Estimated-Distribution-of-Benzene-Annual-Concentration-Based-on-Retrieved-Primary-Source-Location-and-Wind-Direction-Frequency-300x179.jpg

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

One year ago this week, EDF, along with Air Alliance Houston (AAH), submitted comments to the Texas Commission on Environmental Quality (TCEQ) regarding its proposal to remove Texas City from the state’s Air Pollutant Watch List (APWL). We believe the agency’s proposal to remove Texas City from the Watch List for benzene and hydrogen sulfide, two lethal air pollutants, was premature.

To date, the TCEQ has not addressed our public comments on the Texas City proposal, though it has found time to analyze and recommend two other areas for removal from the APWL. We believe that this reflects TCEQ’s misplaced priorities. The agency seems to prefer removing areas from the APWL — thereby lifting a burden on industry— rather than ensuring adequate protection for public health. Read More »

Also posted in Air Pollution, Environment, Particulate Matter, TCEQ| Tagged , , | Comments closed

One Year Later: Calls for Common Sense Oversight in the Wake of West Tragedy Go Unanswered

Source: AP Photo/Tony Gutierrez

Source: AP Photo/Tony Gutierrez

This past Thursday marked one year since a fire caused a fertilizer plant in the town of West, Texas to explode, killing 15 people, injuring over 300, and scaring a small Texas town forever. Since the West tragedy shocked Texas and the nation, it has become increasingly clear that the explosion could have been prevented had common-sense regulations—like a statewide fire code—been in place. Nevertheless, Texas leaders and state officials have failed to propose, much less adopt, a single common sense safeguard to prevent future tragedies. The anniversary of the West explosion reminds us of the urgent need for proactive measures to prevent a disaster of this magnitude from happening again.

Even before the West explosion, there were a string of industrial accidents across the state over recent years, reminding us that Texas should be doing a better job at managing the industrial sector. Read More »

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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 »

Also posted in Air Pollution, Clean Air Act, Environmental Protection Agency, GHGs, TCEQ| Tagged , , | Comments closed

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 »

Also posted in Air Pollution, Clean Air Act, Environmental Protection Agency, GHGs, TCEQ| Tagged , | Comments closed

West Strong: We Will Not Forget

Last weekend, The Texas Tribune, a nonpartisan, nonprofit media publication that covers public policy, politics, environmental issues and other statewide matters, hosted its annual Texas Tribune Festival. As always, the festival did an amazing job of bringing folks together from around the state to discuss the most important policy issues of the year. I was lucky enough to participate on a panel titled “After West” as part of the environmental track. The panel was dedicated to lessons learned after this year’s terrible tragedy in West, Texas that took the lives of 15 people and devastated a small town.

Other participants on the panel included: Chris Connealy, Texas State Fire Marshall; Tim Herrman, State Chemist of Texas Tommy Muska, Mayor of West; Kyle Kacal, State Representative; and Alana Rocha, reporter, The Texas Tribune (panel moderator) Read More »

Also posted in Environment| Tagged , | Comments closed

Abbott Fails In Fight Against Clean Air Protections

On Friday, the U.S. Court of Appeals for the District of Columbia Circuit dismissed lawsuits filed by Attorney General Greg Abbott and a group of power companies that could have undermined the Clean Air Act and hurt efforts to reduce climate pollution.

The Clean Air Act requires that large sources of pollution, including greenhouse gases (GHGs), obtain permits when they are constructing or making a major change to their facility.  These permits require facilities to use modern emission control technologies to cost-effectively reduce their pollution.

Some states, including Texas, didn’t have the authority to issue these clean air permits for greenhouse gases under their state laws, so the Environmental Protection Agency (EPA) took the limited actions challenged here to ensure that sources in these states could get the permits they needed to begin construction.  Every state – except Texas – worked with EPA to make sure sources could get the permits they needed (either under state or federal authority).

Texas Attorney General Greg Abbott, who has been quoted as saying, “What I really do for fun is I go into the office, [and] I sue the Obama administration,” took the EPA to court over the agency’s efforts to ensure sources in Texas could get the permits they needed to construct.  All of this despite the fact that most facilities in Texas were already working to reduce their emissions and comply with the new federal standards.  On Friday, the D.C. Circuit Court of Appeals reaffirmed that the Clean Air Act unambiguously requires large GHG sources, like coal-fired power plants, to obtain permits.  As a result, the court dismissed Texas’ lawsuit, finding that EPA’s actions didn’t cause Texas any injury.  Much to the contrary, they were necessary to ensure GHG sources could obtain permits that they otherwise could not obtain at all. Read More »

Also posted in Air Pollution, Clean Air Act, Climate Change, Coal, Environment, Environmental Protection Agency, GHGs, Renewable Energy| Tagged , , , | 1 Response, comments now closed
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