Tag Archives: EPA

Why Luminant Shouldn’t Get a Free Pass to Pollute

By | Bio | Published: September 13, 2011

Yesterday, Luminant filed a motion in the DC circuit court to fight vital clean air rules that other utilities in Texas have been able to meet. Instead of working with EPA on a path toward cleaner air, Luminant abandoned recent talks with EPA and issued a press release that recused itself of responsibility, threatened possible plant closures and blamed EPA for potential job losses. Luminant's recent statement highlights a simple fact: closing plants is a business decision, plain and simple. Luminant isn’t closing these plants because of EPA regulations – that’s just their cover story.  They’re closing the plants because they did not begin to make reductions to meet the rule that anyone could see was coming.  The EPA just gives them a convenient way to shift blame. Moreover, Luminant is ignoring other viable alternatives to plant closures just to save some money in the short-term.  If anyone loses their job, they can blame Luminant’s management team for failing to plan accordingly to abide by the law.  We feel very bad for the workers whose company let them down. Read More »

Posted in Air Pollutants, Air Pollution, Environment, Environmental Protection Agency | Also tagged , , , , , , , | 1 Response

TCEQ Doesn't Let Science Get in the Way of Political Rhetoric

By | Bio | Published: September 6, 2011

What was even more disappointing than the press release from the White House last week on the national ambient air quality standard for ozone was the statement issued from TCEQ on the matter. The statement was riddled with false assertions and incorrect information and appeared to be another example of the agency’s politically motivated campaign against the EPA. While others have blogged on the madness of this recent policy decision, I felt compelled to call out our own state environmental agency, the TCEQ, on the egregious manner in which they attempt to trample science.  A few of the falsehoods are debunked here:

TCEQ Myth #1

TCEQ claims that there is no compelling scientific reason to revise the ozone standard.  

Truth #1

The truth is that independent scientists convened on the Ozone Clean Air Scientific Advisory Committee (CASAC) have said for years that the current ozone standard fails to protect human health, and have unanimously recommended that the standard be set within the range of 0.060–0.070 ppm. Letters from CASAC on March 26, 2007,  April 7, 2008 and March 30, 2011 unambiguously call for a standard within the range of 0.060–0.070 ppm.

In addition, in a letter to the President, 14 major health groups pleaded for a standard that was protective of human health and cautioned of the harms resulting from the interposing delays in issuance of the ozone national ambient air quality standard (NAAQS).

Even EPA Administrator has stated publicly that the current standard is “scientifically indefensible.” Read More »

Posted in Air Pollution, Environmental Protection Agency, Ozone, TCEQ | Also tagged , , , , , , , , , | 2 Responses

Environmental Groups Re-assert Legal Efforts to Protect Clean Air

By | Bio | Published: August 16, 2011

Following a series of delays in release of the ozone standard, several environmental groups have filed a motion with the DC Circuit Court to compel action from EPA. On August 8, 2011 the American Lung Association, Environmental Defense Fund, Natural Resources Defense Council, National Parks Conservation, and Appalachian Mountain Club filed the motion, requesting that the court establish a deadline for EPA to complete its reconsideration of the 2008 ozone standards. The motion claims that EPA’s national ambient air quality standards (NAAQS) for ozone do not comply with the Clean Air Act’s mandate that standards be strong enough to protect public health. Furthermore, the motion asserts that the Agency’s excessive and inexcusable delay in reconsidering such standards frustrates the Court’s prior orders.

Why did the groups take this action?

EPA’s national ambient air quality standards for ozone do not comply with the Clean Air Act. The Clean Air Act mandates that NAAQS standards be strong enough to protect public health with a substantial margin of safety to protect against adverse affects on public welfare.  The Clean Air Scientific Advisory Committee (CASAC), the organization charged by the Act with advising EPA in setting NAAQS, has repeatedly stated that the ozone standard must be stronger than the .075 parts per million level adopted in 2008. The CASAC unanimously recommended that the standard be strengthened within the range of 0.60 to 0.70 ppm. EPA received this recommendation multiple times but has not moved to enact it.  By disregarding CASAC’s council, EPA fails to ensure that NAAQS standards are protective enough to safeguard public health, thus, not complying with the Clean Air Act. Read More »

Posted in Air Pollution, Environment, Environmental Protection Agency, Ozone | Also tagged , , , , , , , , | 1 Response

Goodbye Flexible Permits! We won’t miss you.

By | Bio | Published: July 12, 2011

Today, the EPA announced that all 136 of the industrial facilities across the state that had flexible permits committed to bring them into compliance with federal law. While it seems only logical that air permits issued to facilities comply with the Clean Air Act, this has not been the case in Texas.  Since 1994, when the first flexible permit was issued, many facilities in Texas have been operating under permits that make it nearly impossible to track facility compliance.

 What was wrong with flexible permits?

As we’ve said many, many, many times before, here is a summary of a few of the problems with flexible permits:

 1.      Flexible permits eliminate pollution limits designed to protect public health.   Flexible permits eliminate federal, unit-specific, pollution limits that are intended to assure that public health is protected from industrial pollution.

 2.      The flexible permit pollution trading system is unenforceable and fails to protect public health. Flexible permits allow sources to lump hundreds of pieces of polluting equipment under a single pollution limit, or cap. Because most of the equipment is not monitored, it is almost impossible to determine whether or not companies are complying with their pollution caps.

 3.      Flexible permits prevent the public from their right to know.  The federal Clean Air Act protects neighbors’ right to know about, and voice their concerns with, pollution increases that may affect the safety of the air they breathe.  The flexible permit program allows industry to move emissions around, and increase pollution from some units, without notifying neighbors, or even state and federal regulators.

 4.      Flexible permit emission caps allow so much pollution that they aren’t limiting industry emissions.  The pollution caps in flexible permits are so high that they don’t serve as a real limit on pollution, and certainly don’t reflect the best that industry can do.   The same companies that operate in Texas operate in other states under permits that meet federal requirements and include significantly lower emission limits. 

  Read More »

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TCEQ Study Suggests that Flare Emissions Could be Larger Than Reported

By | Bio | Published: May 23, 2011

EDITOR'S NOTE: The final draft report was released May 24. Download the PDF here.

A soon-to-be released key flare emissions report could help answer the question of why Texas air toxics concentrations are higher than those reported through industrial emission inventories.

Footage of flare emissions captured by advanced monitoring technology at facility in Texas. The video was presented by TCEQ at the Hot Air Topics Conference on Jan 13, 2011 in Houston, TX. Flare is described as being oversteamed, resulting in reduced destruction efficiency and increased emissions.


Across the state, there are 1,500 flares registered with the Texas Commission on Environmental Quality. The “flaring” or burning of excess gases using these flares has been accepted industrial practice for combusting routine waste gases as well as for combusting large volumes of gases that may result from plant emergencies, such as those that could lead to a facility explosion. Air quality experts have long held that an increase in flare pollution has been a significant contributing factor in escalating smog levels and toxic “hot spots,” particularly in fenceline communities. Read More »

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While Texas Fares Better in Air Report, More Work Still Ahead

By | Bio | Published: April 27, 2011

State of the Air ReportTexas air quality improved slightly last year, but more than half of the nation still suffers pollution levels that are often dangerous to breathe, according to the Annual State of the Air Report released today from the American Lung Association. The report reviewed levels of ozone and particle pollution found in monitoring sites across the United States in 2007, 2008, and 2009.

Key National Findings:

  • More than 154 million people (over half the nation) suffer from pollution levels that exceed health-based federal standards.
  • Each of the 25 cities with the most ozone pollution improved their air quality over the past year’s report, however people living there still breathe air that reaches dangerous levels.
  • Particle pollution declined due to coal-fired power plant emission reductions and a transition to cleaner diesel fuels and engines.

Texas Findings:

  • Houston moved down from 7th to 8th place among the most ozone-polluted cities in the country, while Dallas-Fort Worth moved up from 13th to 12th place. (Note: There appears to be a correlation between rising ozone levels in DFW and increased levels of natural gas drilling. A Fort Worth report looking at gas drilling environmental impacts is due for release in June.)
  • 14 of the 38 Texas counties studied in the report received an F for having too many high ozone days (compared to 21 Texas counties receiving an F last year).
  • Harris County, with more than four million people, topped the Texas county list with 66 orange ozone days (unhealthy for sensitive populations), and 10 red ozone days (unhealthy for the general population). Tarrant County, with 1.7 million people, came in second with 59 orange ozone days, 4 red ozone days and one purple ozone day (very unhealthy for the general population). Read More »

Posted in Air Pollution, Environmental Protection Agency, Ozone, PM2.5 | Also tagged , , , | 1 Response

Protect Our School Communities from Environmental hazards

By | Bio | Published: April 8, 2011

Monday is National Healthy Schools Day, which emphasizes a healthy indoor air quality and environment in our public schools. This guest post by Cyndi O’Rourke, an Austin mother of three, includes information Cyndi recently sent in a letter to the Texas PTA for the May newsletter.

As the mother of three children, I shared concerns with other parents in our school district when we learned in 2006 that our school board had acquired and planned to convert a former chemical research and development facility into a new elementary school.

The decision to purchase this site was made largely without community input, and the purchase and construction of the property was conducted before testing of the grounds for environmental contamination was complete.  Parents contacted the Environmental Protection Agency and the Texas Commission on Environmental Quality to assist in a thorough environmental assessment of the site. TCEQ performed a “Pre-Cerclis” screening (site assessment of previous ownership, geologic makeup, production history and field test samples) and the site ranked a “Moderate to High Potential Hazard.”

After vocal parent involvement and the guidance of federal, state, and local agencies, the school district responded with protective measures and remediation of contamination was conducted. Read More »

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Texas Flex Permitting Lies and Myths

By | Bio | Published: March 24, 2011

In 1867 Mark Twain wrote, "The most outrageous lies that can be invented will find believers, if a man only tells them with all his might."

Sadly, Texans have been getting fed some real whoppers when it comes to greenhouse gas regulations, and that’s exactly what I said today at a field hearing before the U.S. House of Representatives Energy and Commerce Committee’s Subcommittee on Energy and Power.

The topic of today’s Houston hearing was “EPA’s Greenhouse Gas and Clean Air Act Regulations: A Focus on Texas’ Economy, Energy Prices and Jobs.”

Already, this Committee has passed legislation that would strip EPA of its authority to regulate greenhouse gases. Unfortunately, this legislation provides no alternatives for reducing harmful climate-disrupting pollution and is based entirely on misconceptions about EPA's role in regulating these deleterious pollutants.

Bottom line? When it comes to the flexible permitting system and the regulation of greenhouse gases the problem isn't EPA – it's Texas.

It would be a real shame if Congress guts clean air protections based on the myths and lies coming out of Texas. Speaking of myths and lies, here are highlights of my testimony today, attempting to set the record straight [Stay tuned to this blog for a recap of today’s hearing with specific responses to Committee questioning.] . . .

Myth No. 1: The only reason why EPA has objected to the Texas “flexible permits” is because President Obama is “punitive” against “big, red” Texas.

The Facts: EPA has raised concerns about the illegality of the Texas flexible permitting programs since 1994. The Bush Administration in 2006 and 2008 wrote letters saying that the Texas program did not meet the legal standard of the Clean Air Act. This is not a new complaint by EPA and it is not political.  The only people playing politics are Texas officials who are misrepresenting the facts. Read More »

Posted in Air Pollution, Environmental Protection Agency, GHGs, Ozone, TCEQ, Texas Permitting | Also tagged , , , , | 2 Responses

Texas Officials Spreading Cow Pies

By | Bio | Published: March 21, 2011

Today Texas Congressmen Joe Barton and John Carter along with a number of members of the Texas Legislature, Chairman Bryan Shaw (TCEQ) and others stood up for pollution. They announced their intent to prevent actions by the Environmental Protection Agency (EPA) from enforcing the Clean Air Act to protect public health.  They relied on tired arguments and misrepresented statistics to paint a picture of doom for Texas industry.

Congressmen John Carter went as far to say that those who question the quality of Texas air “don’t think much of Texas.”  Well I resent that remark, I was born and baptized in Ft. Worth, attended Texas Christian University and have lived in Texas for 33 consecutive years.  Real Texans care about our state’s future and wouldn’t try to gut protections that save lives and create jobs in clean energy.

We have a multi-billion dollar state budget shortfall and have yet to pass a federal budget for a fiscal year we are already in, yet two Congressmen, multiple members of the Texas Legislature as well as two state agency commissioners feel it necessary to waste time debating the merits of a regulation that most Texas companies are already willing to follow.

The EPA warned the State of Texas that the Flexible Permit Program implemented by the Texas Commission on Environmental Quality (TCEQ) did not meet federal standards for almost a decade.  After a lot of grandstanding and political posturing last year, 71 of the 74 companies holding flexible permits in the State of Texas have agreed to meet EPA regulations. It seems that industry is ahead of the politicians.  Read More »

Posted in Air Pollutants, Air Pollution, Environmental Protection Agency, GHGs, Mercury, Ozone, PM2.5, TCEQ, Texas Permitting | Also tagged , , , , , , | Leave a comment

New Rule Expected to Dramatically Reduce Hazardous Power Plant Emissions

By | Bio | Published: March 11, 2011

Perhaps next week we’ll all be able to breathe just a little bit easier with the much- anticipated Wednesday, March 16 announcement of a new Air Toxics Rule.

The Environmental Protection Agency will announce a rule that will, for the first time, limit hazardous emissions from our nation’s power plants. These pollutants threaten the health of every American with annual emissions of more than 386,000 tons of dangerous air pollution like mercury, acid gases, heavy metals and even radioactive materials.

Unlike criteria air pollutants – like ozone and particulate matter – there are no current national ambient air quality standards for air toxics. This means that there’s no regulation on the amount of harmful air toxics that can collect in our air, water, or wildlife. Once in the environment, many of these toxic compounds are there forever.

While we have yet to learn all of the implications from harmful exposures to air toxics, we do know that some of the most serious health effects are most severe in infants and young children and include brain damage, learning disabilities, behavioral disorders, and impaired vision and hearing. We also know that reducing exposures can reduce risk, and that reducing risk is the best and most immediate way to protect human health. Read More »

Posted in Air Pollution, Environmental Protection Agency, Mercury, Ozone, PM2.5 | Also tagged , , , , , , | 2 Responses