You already know how much the current Perry-fueled Texas Commission on Environmental Quality has stripped the right of citizens to contest permits being issued like candy to polluters in Austin. In Texas, you can decide to change your entire fuel regimen, from coal to coal and tires, and plastics, and car interiors, as the TXI cement plant in Midlothian recently did, and not face any public questioning at all. Or say you want to tear down your old plant and put up a new one. You don't need any public comment or hearing for that either, as Ash Grove found out when it applied for its "permit amendment" to rebuild its Midlothian cement plant. There has been a very premeditated and methodical campaign to make it impossible for any member of the public to interfere in the least bit with the right of the polluter to do any damn thing they want. Today, TCEQ is voting to go after other state agencies' ability to interfere as well, making it impossible, for example, for the Texas Parks and Wildlife Department to intervene in a case where the state parks might be impacted by a polluter. The proposed rules would "have a significant impact on the TPWD's ability to carry out its statutory and regulatory obligations and its ability to protect the shared public resources of the State of Texas that are under TPWD's jurisdiction," the agency wrote TCEQ in protest. It's just another effort to destroy the checks and balances of a regulatory system that was already gamed toward industry in the first place. By the time this Governor leaves office, it may well be criminal offense to even ask for a public hearing.   Read More

Here's a story from Florida about the Brooksville Cemex cement plant's new permit that displays the quintessential spin from the cement industry about their transformation into garbage burners. 1)The headline uses the preferred industry term of "alternative fuels" instead of garbage. 2) It leads with all the feel-good fuzzy bio-garbage like peanut shells and wood chips. Only further down do they let you see the rest of the list -  "including plastics, carpet, roofing materials and wood treated with creosote. Included, too, are so-called engineered fuels such as cleanup debris from natural disasters, processed municipal solid waste, dried and sanitized sewage bio-solids, noninfectious hospital materials, expired pharmaceuticals and confiscated narcotics." 3) It makes sure you know that this new garbage burning will shrink the plant's carbon footprint and lower emissions of toxic chemicals like Mercury - but the plant will not be amending its operating permit to reflect those proposed decreases. 4) for all the talk of "alternative fuels," the plant is mainly still burning coal and tires, both of which it's been burning for a long time. The largest expense of running a cement plant is fuel costs. The industry is always finding a way to cut those costs. In the 1980's and 90's it tried turning cement kilns into hazardous waste incinerators by getting paid by polluters to burn their crap for less money than the pros. That met with quite a bit of public resistance and new regulations that made it harder to keep doing that. So now the industry is pivoting toward a laundry list of  "non-hazardous" wastes - municipal garbage, sewage, medical waste, plastics, car interiors - garbage. Except that anyone who's ever studied the the history of American  garbage incineration - and there's quite a history - knows there's nothing non-hazardous about the practice. Just because a waste isn't classified by EPA as a "hazardous" waste coming in the front door doesn't mean it doesn't emit hazardous air pollution when it's burned or carted off as ash out the back door. And even thought there's a lot of boasting about emission decreases, the industry isn't backing up that talk with real cuts in their permits. Places like Midlothian, home of three huge cement plants, and a concentration of cement manufacturing unmatched anywhere else in the US, are looked upon as nothing but large "landfills in the sky" to both waste producers and the cement plant operators themselves. TXI's Midlothian plant, directly south and upwind of DFW, just received a new permit "amendment" last June that allows them to burn the same kind of  long list of garbage as the Florida kiln. They got this without any public notice or hearing or anything. None required as long as TXI promises, cross their heart, that the emissions won't increase above what they are now. And if they do? We won't even be able to know for sure until a test burn that will occur after they start burning garbage - they can wait up to a year to do the testing. This is why public participation is an over-arching issue in Texas now. Without it, there are no checks and balances. Only more experiments taking place in your lungs.   Read More

Via the NYT, we again revisit California's crackdown on auto shredders and the toxic waste they generate that's creating headaches for regulators. Auto shredders strip a vehicles of all of its non-steel, non-frame parts, send the frame off for scrap metal, and grind everything else into bits and pieces containing chemicals from Vinyl Chloride to Mercury to Lead to Asbestos to PCBs, depending on the age and model. It's full of sharp metal, wires, and hard plastic, but for some reason, the industry nickname for this waste is a very cuddly "fluff." When they cover this fluff with a "special coating" of cement-like material and bury it in landfills, it tends to leech out all of those toxic ingredients and cause problems. So why do you care? Because dear reader, what California thinks is too toxic to be landfilled, Texas is allowing into your lungs via TXI's  Midlothian cement plant, where the TCEQ just gave a permit to burn this very same kind of auto "fluff." It was part of TXI's "Landfill in the Sky" permit that Downwinders tried to modify or deny, except that the state agreed with the company that there should be no public notice, comment, or hearing on the matter. TXI received the permit last summer, but has yet to build the infrastructure on-site to be able to process all the new wastes it wants to burn, including car fluff. We won't know when they're going to begin throwing this stuff into the kiln until after the fact. In Rick Perry's Texas, that's just the way it is.   Read More

In an excellent follow-up to its "Poisoned Places" series, the Center for Investigative Reporting focuses on a Lehigh cement plant in Tehachapi California that has seen its Mercury emissions skyrocket from just over 100 pounds a year to 872 pounds in 2010 – the most of any cement plant in the Golden Gate state and the second-highest among all cement plants in the United States. For comparison, all three Midlothian cement plants just south of Dallas reported a total of 86 pounds of Mercury released into the air in 2010, 50 pounds of which comes from Ash Grove's ancient wet kilns. Relatively speaking, it looks like we're a little better off.  Except the Ameristeel Steel Mill (formally Chaparral Steel) right across the street from TXI's cement plant released 606 pounds of Mercury in 2010. That's s lot. It's also a warning sign that could eventually affect TXI's numbers. The kiln has received a new "permit amendment" nt subject to any public participation to burn Auto Shredder Residue (ASR) from Ameristeel - basically all the non-steel parts of a car after they've been through an industrial blender. This waste could have a lot of Mercury (from switches in older cars) in it as indicated by the Steel mill's emissions of the poison. When TXI burns it, that Mercury will be coming out of its own smokestack. New EPA cement plant emission standards being implemented starting in 2013 will require controls for Mercury and other pollutants at all US kilns and they're causing a once-in-a-lifetime modernization of an industry that still relies on a lot of technology from the last century that was never updated. Jane Williams, California's #1 citizen Kilnhead and the folks in Chanute, Kansas that Downwinders has tried to help get a shout-out in the piece, as does Jim Pew with the EarthJustice legal team, who've been indispensable in bringing the industry into the 21st Century kicking and screaming.   Read More

With the Star-Telegram abandoning the idea of having an environmental reporter all together, and the de facto abandonment of environmental beat coverage at the Dallas Morning News, DFW residents are having to rely on the alternative weeklies to provide the kind of coverage they used to get in the dailies. This week, the Ft. Worth Weekly provides another example of this trend with an excellent retrospective of where DFW air quality stands after the worst ozone season since 2007. Kudos to Weekly editor Gayle Reaves for taking up the slack and committing journalism in the name of public interest.   Read More

Among the many faux EPA outrages Big Business and House Republicans have fostered upon us, you may remember the meme that the feds were going to put thousands of hospitals and school boilers out of business with super strict new emission rules. In fact, the facilities most affected by the rules weren't schools or hospitals. They were on-site chemical incinerators and boilers and of course, cement kilns. However, the pile of manure that was churned out enveloped the Agency and, as with the new ozone standards, made it retreat and reconsider the originally-proposed rules. Newly reconstituted, the Commercial and Industrial Solid Waste Incineration rules (CISWI) were dumped by the Administration last Friday at closing time like a late-night gangland victim at a hospital emergency room. After review, it's easy to understand why. The rules did not go far enough for industry, which would find any regulations onerous. And in an attempt to win the business community favor, the administration gave away strict standards for particulate matter, dioxin, and toxic heavy metals like lead and cadmium. Nothing was done to narrow the broad definitions of "nonhazardous solid waste" that allows for the burning of just about everything is it gets the right exemptions, including tires, plastics garbage, car interiors, and creosote-treated wood. This is where the entire industry is headed - the grey area of these nonhazardous solid wastes - as exemplified by TXI's "landfill in the sky" permit recently awarded by TCEQ to the company without any public notice or opportunity for comment.  And for the time being, this administrations seems happy to allow it.   Read More

(Dallas)---- Only three years after it finally stopped the controversial practice of burning hazardous waste at its Midlothian cement plant, TXI was awarded a permit in June by the Texas Commission on Environmental Quality allowing the company to burn at least 12 new kinds of industrial wastes in its kiln without any public notice, comment, or hearing, and based only on other cement plants' data.  Read More