Rick Perry, recently chided by the Texas natural gas industry for politically-motivated comments directed at Bill White, orchestrated a stunt in Fort Worth yesterday in the hopes of mending fences with an industry that has traditionally supported the career politician. You'll recall that CBS 11 nailed Republican Perry over his Jerusalem junket with Guma Aguiar, who made billions of dollars in the Texas natural gas industry. Unfortunately Perry's political stunt usurped the diligent and aggressive work that Senator Wendy Davis has done on potential environmental ramifications and overall efforts to measure North Texas air quality as a result of high pressure hydraulic fracturing in the Barnett Shale.
Rick Perry dispatched Republican Senator Troy Fraser and Republican Representative Byron Cook into Fort Worth to announce a loosely put together, politically-motivated plan that would place air quality monitors in areas of the Barnett Shale. This is an initiative that Senator Wendy Davis has worked on since her election to District 10 only to have Rick Perry and Republican allies in both chambers of the legislature ignore Davis' aggressive efforts time and again. At first glance one might cheer over Perry's politically-motivated plan until further examining the details.
Representative Cook said the following at yesterday's press conference:
"The additional air monitors will offer Texans greater transparency about the air quality in the Barnett Shale region because more scientific data will be available to the public, in real time, via the TCEQ's website."
We know about the Bad Health Brigade, and that coal ash contains toxic amounts of them, but there's an insidious friend of theirs that just isn't getting any attention at all.
Burning coal can produce Radon (it's actually TENORM, technologically enhanced naturally occurring radioactive materials), Polonium 210 and Lead 210- and it can be emitted as solid radioactive material, as gases, and as both.
For example, Radon gas emissions at the proposed NRG coal-fired power plant result from its presence in the coal, which means that alarming quantities of radon gas will be released into the air during large-scale coal combustion.
Radon gas emissions at the proposed Oak Grove plant result from the presence of radon in the coal, and significant quantities are released into the environment. The highest potential concentrations of radiation would be in the Robertson County area closest to the oak grove plant.
However, there is NO information about the average concentrations of radon and its radioactive relatives in the coal in the permit application, the TCEQ's technical review, or the draft permit for the Sandy Creek plant.
The Law:
1) TCEQ's Regulatory Definition of "Air Contaminant" in state law includes "radioactive material".
2) Radon is a radionuclide classified as hazardous air pollutant/HAP under Title III of the Clean Air Act.
Why isn't the TCEQ regulating radon exposure to radon and its carcinogenic byproducts? Well, they don't regulate much.
Has any radiation been detected near coal plants? In Texas!?
Yes.
The U.S. Geological survey conducted extensive flyovers of the US looking for radiation hotspots. Every coal-fired power plant had two radiation hotspots. One for the coal and one for the coal ash piles.
The highest concentrations would be in the Robertson County area closest to the Oak Grove Plant. Radon gas emissions at the proposed Oak Grove coal-fired power plant results from its presence in the coal, and significant quantities of radon gas are released into the air during large-scale coal combustion.
Get involved, fight coal ash at www.cleanuptexasnow.org
Former TCEQ Commissioner Larry Soward says the dispute over the Texas flexible air permitting program not working can be easily fixed if the TCEQ will just listen to the EPA’s concerns and go from there. “Get on with the business of getting the program compliant with the Federal Clean Air Act and get those permits that have been issued that are not compliant, get those adjusted to make them compliant.” Soward says changing the air permitting program to make it compliant won’t cost the state jobs. “These same companies are operating in other states with fully compliant air programs, they’re not losing jobs, the companies aren’t moving away or shutting down, and the same will be true with Texas.”
Soward was appointed Commissioner by Rick Perry in 2003. Here's what Perry said in his speech at Soward's oath of office ceremony:
I know Larry Soward is the right person to serve as a Commissioner at the Texas Commission on Environmental Quality because I have worked side by side with him for many years...By virtue of more than 25 years of public service in high-level positions, and his background in environmental and water law, Larry Soward is imminently qualified to serve as the newest TCEQ Commissioner.
You could say this just by looking at his resume, but I know it because I have gotten to know the tremendous person that Larry is. Larry is a humble, hardworking Texan who believes in providing great customer service to the citizens of this state, and who has a deep and abiding love for the natural resources we must protect: the air that we breathe, the water that we drink, and the land that we live upon...
Larry is a good man and a devoted public servant. Texas is blessed to have him.
(Great live coverage from a big event in Houston. Broad coalition of Texans working for clean air and water! - promoted by Katherine Haenschen)
Hey all, We're live at the Discovery Green in Houston, moments from kicking off the Great Texas Clean Up Festival, what is being touted as the largest environmental event in Houston in decades. That's right, decades!
We'll be updating between acts and speakers, bringing you all the action and all the fun.
Juan Parras of Tejas (tejasbarrios.org) is calling the event a success before it even starts, simply because "it's brought a lot of people from a lot of different backgrounds together to fight for environmental justice."
The speakers' lineup is pretty long and pretty deep- expect some food for thought from Houston Director of Sustainability Laura Spanjian and Representative Ana Hernandez, representing a large portion of the Houston area. We'll give you their comments when they happen!
From the unverified rumor-mill: there are Tea Party protesters nearby.
From the verified rumor-mill: there's a woman working for BP public relations going around with a flip cam asking people if the entire oil industry should be penalized for the spill. Spin much? We're onto you, sister.
Note: It's currently 105 degrees, but we've still got a turnout from people concerned with cleaning up Texas and having a good time (at the same time, of course). We'll be right back!
The U.S. Environmental Protection Agency (EPA) has formally disapproved of Texas's flexible air permit plan after over a year of wrangling between the federal agency and the Texas Commission on Environmental Quality (TCEQ). The EPA contends that the program, which has been managed by TCEQ since 1995, does not comply with the Clean Air Act. The state claims that its permitting process is effective in reducing air pollution and that the EPA's actions will unnecessarily hurt Texas' economy. The debate came to a head on May 25th, 2010 when the EPA took over control of an air quality permit for a Corpus Christi power plant and threatened to take over 39 more if the TCEQ did not change its permitting process.
At issue are Texas' controversial 'flexible permits' which allow facilities to group emissions from multiple smokestacks under one permit. In most other states, flexible permits are limited to minor emission sources, but in Texas they are given to large facilities, especially along the gulf coast. At larger facilities, a significant number of smokestacks could fall under the same permit, allowing some smokestacks to emit over the legal limit and raising concerns about the practical enforceability of emissions limits for each smokestack.
Perry isn't taking the affront to his stellar environmental record lying down. On June 14th, 2010, State Attorney General Greg Abbott filed a federal court challenge to the EPA's actions. The state is arguing that the EPA had a year from when TCEQ submitted the revised rules for the permitting program (1996) to act on them, but they did not do so until 14 years later.
"We are defending our flexible air permitting program because it works," said TCEQ Chairman Bryan W. Shaw in a press release. "EPA is not able to demonstrate how our program is less protective of the environment than the bureaucratic federal approach. EPA's philosophy of more bureaucracy by federalizing state permits will not lead to cleaner air, but will drive up energy costs and kill job creation at a time when people can least afford it."
Perry has been billing the conflict as an economic and states' rights issue more than an environmental issue, which may play well with voters, but hasn't convinced the EPA to back down so far.
You've probably heard by now, including from several posts here at BOR about the terrible state of the TCEQ. The TCEQ has failed to adhere to the federal Clean Air Act, jeopardizing our health, our safety, and the quality of our air. This is why, on Tuesday, May 25, the EPA took over the TCEQ's authority to grant clean air permits for 40 facilities across the state of Texas, most notably the Flint Hills Resources' crude oil refinery near Corpus Christi.
The TCEQ has failed to fulfill its promises to the federal government and the citizens of Texas, whom it is supposed to protect.
The Sunset Advisory Commission is a 12-member body appointed by the Lieutenant Governor and the speaker of the house to identify and eliminate waste, duplication, and inefficiency in government agencies. Every 12 years, over 150 government agencies are reviewed for potential changes and improvements in their responsibilities and operations. And since the review of Texas Commission on Environmental Quality, the TCEQ, is quickly approaching, we're getting organized! Will you join us for a call next Thursday, June 10th at 6pm CT? (details in bold after bump)
We've asked Governor Perry and his appointees to help clean up our air and water and he's failed.
Last Tuesday the EPA announced it will take over parts of the Texas air permitting program because it is illegal and doesn't adhere to the Clean Air Act. We applaud EPA's action -- but Governor Perry has the audacity to try to stop the EPA.
Take action and tell Governor Perry to get out of the way and let EPA do their job to protect our health in Texas!
Instead of acting in the interest of Big Polluters, Perry's appointed Texas Commission on Environmental Quality (TCEQ) should look out for Texas families. Soon, the TCEQ will undergo Sunset Review which only happens once every twelve years. At that time, we will have another opportunity to voice our concerns about the lack of enforcement on Big Polluters. With the recent BP Oil Disaster we've seen how important regulations are and we need the EPA to step in to protect our health and environment in Texas.
Congressman Michael Burgess has called on the Texas Attorney General's office to investigate the Texas Commission on Environmental Quality, after the TCEQ reported inaccurate results to the Fort Worth City Council and then took weeks to report the error after they had discovered it.
The Republican congressman's rebuke of the TCEQ follows a week in which EPA regional administrator Al Armendariz told the Houston Chronicle, "I think the writing will be on the wall — unless we start seeing better permits that address our objections, we are very likely to begin federalizing others. The state is not following federal Clean Air Act requirements.”
As Phillp wrote yesterday (The Texas Commission on Environmental Quality: "An Agency of Destruction"), Rick Perry's attempt to make the controversy surrounding the TCEQ a states' rights issue simply does not add up. During George W. Bush's term, the EPA pressured the TCEQ to improve its permitting process and to make its data public. To present the EPA's legitimate concerns as a new "federal power grab" is completely disingenuous, as members of Perry's own party are beginning to realize.
“Those responsible should be held fully accountable, and I believe that a robust investigation by the Texas Attorney General’s office would be appropriate,” Michael Burgess said in a statement.
Burgess said he was recently briefed by TCEQ on air quality issues related to gas drilling and he's not happy to find out now that he wasn't presented with all of the data.
“I relied on the information I was given, as did many others in North Texas,” Burgess said. “I find it personally offensive to find out that what I have been told may not be the full story on the air quality issues in the area that affect millions of North Texans. There are a lot of questions that TCEQ needs to answer, and the public is right to demand accountability.”
There is one Republican in particular who seems eager to support Perry's position on the issue: Kelly Hancock, state representative for House District 91 in Fort Worth.
Hancock has spent much of the past few days on Twitter expressing outrage at what he describes as "the federal grab of the state's successful permitting process." Hancock is also the vice president of Advanced Chemical Logistics, a company that specializes in "the chemical needs" of the industrial and institutional formulators, oil field, water treatment industries, amongst others.
"I think the key point to remember is, in February, the sites were retested, and they all came back significantly below the long-term exposure limits," Hancock said.
Hancock, a vice president at a chemical company, said he didn't understand why the agency bothered to retest the older samples in the air canisters.
"Actually the second tests were very unscientific," he said. "The canisters they used had been sitting on the shelves for a long time. ... If the tests had come back at lower levels, then everyone who's complaining now would want to throw those tests out."
Burgess has had a pretty awful environmental record since entering the U.S. House in 2003. In 2009, the League of Conservation Voters gave him a 0 rating. In 2008, Enviroment America did the same. The fact that Burgess, along with other Republicans, seem shocked about Perry's mismanagement of the TCEQ is a telling sign. There are only so many chemical company executives to defend Perry on this one.
If you haven't already, take some time to read the Texas Observer's recent cover story on the TCEQ. As much as Perry would like to neatly fit this into his Washington vs. Texas narrative, this is a losing issue for him that even some Republican lawmakers are beginning to catch on to.
It's not about state's rights. It's about cronyism and corruption. And anyone -- Republican, business group, or reporter -- that says otherwise is lying to you.
Due to years of Rick Perry ignoring the warnings of President George Bush's Environmental Protection Agency, the EPA has announced that they will come in and take over permitting for as many as 39 Texas facilities. The newspapers and TV stations across Texas have covered the news:
However, no one -- and I mean this sincerely -- has done the long-term, fantastic reporting on this issue like the Texas Observer. While many stories about the issue focus on the "Washington vs. Texas" political story, embracing rhetoric over reality, the Texas Observer has done a fantastic job at getting into the real facts of the issue.
Unlike the federal stimulus dollars, or the health care bill, the EPA's decision to take over the permitting process is not a state's rights issue -- as much as Rick Perry wants to make it one. The Texas Observer reports, in their story titled, "EPA Takes Down Screwy Texas Air Program" that President Bush, back in 2006, tried to get the TCEQ to improve their permitting process and make their data public:
In 2006, Bush’s EPA wrote to the TCEQ that withholding such data was “contrary to federal law” as well as state law.
“First, all emissions data must be made public,” the letter stated.
“Second, if the emissions data is not made public, the public and governmental agencies cannot know how the emissions limits were calculated and established, whether or not they are appropriate, and how they meet all legal requirements.”
Nonetheless, TCEQ went forward with permitting and today no one knows what type of startup, shutdown and maintenance activities are authorized under the flex permit. The Texas Attorney General has ruled for years that emissions data must be made public under the Clean Air Act, but often defers to TCEQ to decide what is emissions data. TCEQ has refused to make that determination and, as a result, has essentially allowed companies to decide what's confidential or not, critics charge.
The Texas Observer goes on to provide actual documentation to demonstrate the point. Read the article "EPA Takes Down Screwy Texas Air Program" to learn more.
But if there is one story that thoroughly sums up the problems at the Texas Commission on Environmental Quality, it is the Texas Observer's researched, documented, fact-based overarching story, "Agency of Destruction." The 4,000+ word feature story is perhaps the best article on the TCEQ I have ever read. I'm not going to reproduce the whole thing here, but you should absolutely carve a half-hour out of your lunch break, or when you get home tonight, and read it.
In 2007, a team of geologists and engineers at TCEQ unanimously recommended that a license for the vast dump, near Andrews, be denied. Water contamination was a prime concern. Then-Executive Director Glenn Shankle ordered the TCEQ team to issue the license anyway. There was big money at stake. The company behind the dump, Waste Control Specialists Inc., is owned by Dallas billionaire Harold Simmons, who’s contributed $620,000 to Perry’s campaigns since 2001, according to Texans for Public Justice. Simmons stands to make billions from storing “low-level” radioactive waste in West Texas.
Records show that Shankle met regularly with a team of lobbyists, lawyers and company principals at the same time his own experts warned him of the dump’s dangers. Seeing that the fix was in, three TCEQ employees quit in protest. Commissioners hardly batted an eye. In January 2009, after a brief, technical discussion, they voted 2-0 (with Soward abstaining) to issue the license. They also denied the Sierra Club and 12 individuals in Eunice, New Mexico, the town closest to the dump, a chance to contest the license before administrative judges.
Shankle stepped down as TCEQ’s executive director in June 2008. Six months later, he went to work for Waste Control Specialists as a lobbyist, collecting between $100,000 and $150,000 for his services thus far. Commissioners and top management frequently leave the agency to work for the industries they previously regulated, a revolving door that critics say has led to TCEQ’s leaning in industry’s direction.
The dramatic irony of the Texas Commission on Environmental Quality (TCEQ) decision this morning to grant the NRG Limestone Coal Plant an air permit (and therefore permission to begin construction on a third smokestack) is painful. At the very moment that leaders from around the world are meeting to come to an international agreement to save the world from catastrophic global warming, at the very moment that residents of developing nations are begging for the continued existence of their land and way of life, Texas gives the green light to build another mercury-spewing, asthma-inducing, planet choking coal plant.
Not exactly what I was hoping to wake up to this morning.
This decision also comes just days after the Environmental Protection Agency (EPA) came out with its engangerment finding, which says that carbon dioxide and other greenhouse gases represent a significant threat to public health and welfare. Earlier this year, the EPA also ruled that TCEQ has not been adhering to the Clean Air Act in its issuance of new air permits. This is the first coal plant permit that TCEQ has issued since that warning (which TCEQ doesn't seem to have taken to heart). AND, according to Karen Hadden, executive director of SEED Coalition,
The TCEQ is not following federal law (Maximum Achievable Control Technology or MACT) in issuing this permit and a result, mercury emissions will be higher.
So many hearts to break, so little time. But of course there's always a silver lining. Next legislative session, the TCEQ (and a whole host of other commissions) will undergo the Sunset Review process -- and as Tom "Smitty" Smith, director of Public Citizen's Texas Office mentions, that gives Texas a chance to reform the TCEQ permitting process:
This is just another example of why the Sunset Commission should take a good hard look at how TCEQ rubber stamps permits for coal plants in Texas.
In the meantime, keep your fingers crossed for progress in Copenhagen, and drop by Texas Vox for more information on how you can help fight global warming and a 2nd Texas coal rush.
You can also find the good (NRG has agreed to offset 50% of their emissions, though there's nothing in their permit to hold them to that), the bad, and the ugly in the full press release here.
