Although on any given day there's a lot of competition, the Agency for Toxic Substances and Disease Registry might be the most irrelevant government bureaucracy going. Thursday it announced that the latest installment of its years-long "health consultation" of Midlothian will be the subject of yet another community meeting in that town on Thursday May 24th from 7 to 8:30 at the Midlothian Conference Center. The ATSDR evaluation started in 2005 at the request of Midlothian Citizens when TXI was still burning hazardous waste. It then was the subject of a 2010 Congressional investigation that revealed how the Agency mostly neglected to do any real science in the course of its evaluation. This new meeting concerns an analysis of air monitoring information that "will support public health evaluations for many of the pollutants of concern." Of that we have no doubt. Since ATSDR does no monitoring of its own, it's completely reliant on the monitoring done by theTexas Commission on Environmental Quality. Does anyone know of any instance where TCEQ monitoring has shown anything to be concerned about? If citizens complain about getting sick from industrial pollution, it's TCEQ position that it's the fault of anything but the pollution itself. No amount of empirical evidence collected by citizens in the field from their own sampling or experience can convince Austin otherwise. TXI quit burning waste in 2008. ASTDR's evaluation of Midlothian? It just might outlast the plant itself.   Read More

Since DFW was first identified has having a smog problem in the mid to late 1980's, there's a standard formula that's become familiar to folks in local air quality: NOx and VOCs + Sunlight = Ozone. There have always been two primary culprits to North Texas' chronic smog problem. NOx, or Nitrogen Oxides which primarily come from combustion sources (engines, boilers, furnaces), and VOCs, or Volatile Organic Compounds that are mostly invisible plumes and fumes from things like gasoline pumps, storage tanks, as well as combustion. These pollutants combine with sunlight and heat that chemically interacts with them and forms ozone downwind. When the first air pollution control measures were adopted, Austin and the EPA agreed that VOCS were the driving force DFW ozone levels. Some old-timers may remember the Mrs. Baird's bakery on the West Freeway in Ft. Worth having to install controls that eliminated the smell of baking bread that was stout enough to waft across the highway. That's also why every gas pump in Collin, Denton, Dallas, and Tarrant Counties has a "Vapor Recovery Unit." Over the years, the blame shifted to a combination of VOCs and NOx, and that's what made it possible to bring large NOx polluters like cement plants and coal plants into the picture. Still, VOC emissions remained a major player in the DFW smog problem, and they've been addressed with controls on everything from solvents, to boat resins, to bakeries by every single clean air plan ever drafted by the state and EPA. But now Austin is saying VOCs aren't such a big problem after all, that DFW's smog is all about the NOx. Why? Austin's computer model says so. This is the same computer model that says DFW ozone levels will reach historic lows this summer. But might there be another reason? TCEQ's de-emphasis on VOCs coincides precisely with a very large jump in VOC pollution from the gas industry, a jump due to the explosion of drilling in the Barnett Shale and the government's lack of regulation to control it. In 2006, cars and trucks in DFW still spewed more VOCs than the gas industry. This year, the gas industry will release 30 MORE TONS PER DAY of VOCs than all the cars and trucks in DFW combined according to the TCEQ itself. But you'd never know it from looking at any of the public material the TCEQ produces about DFW's ozone problem. Instead it's all NOx all the time. This slant benefits a politicized TCEQ in a couple of ways. First, when you talk about NOx, you don't have to talk about the doubling of gas industry emissions over the past decade or so. Second, you can keep repeating the mantra that it's all about cars. Cars only produce about 15% of the VOC pollution in DFW vs 49% of all NOx in North Texas. No need to worry about new controls on cement plants or coal plants when it's really all about cars. Until today, that TCEQ message creep was showing up locally in websites and promotional material sponsored by the North Central Texas Council of Governments (NCTCOG) made up of area municipal and county governments. Unlike in past years when the familiar formula of both NOx and VOcs was recited to the public, this year NCTCOG's Air North Texas site, Air Facts page trumpeted that "On road vehicles cause half of the ozone forming emissions. Ozone forms when nitrogen oxides (NOx) combine with sunlight and intense heat." That just wasn't true. When you combine all VOC and NOx emissions (as calculated by TCEQ) in DFW, on-road vehicles account for 29% of ALL ozone forming emissions. Point Sources like cement plants and other industrial facilities, combined with oil and gas sources, total 25% - a much different looking pie chart than when you use NOx emission alone. To its credit, as a result of our inquiry, the NCTCOG Air North Texas "air facts" page has been re-edited to put VOCs back into the equation as of today, along with a little bit of spin claiming that "historical emphasis has indicated NOx reductions are the most appropriate way the region can lower ozone levels." We label that spin because it relies totally on the TCEQ's point of view, which has been, how do we put it, "historically wrong." We've already discussed how the DFW smog problem began as just a VOCs problem. We know they're still a factor. And if NOx reductions alone are so darn effective, why haven't they worked better? According to the TCEQ, total NOx pollution from ALL DFW sources decreased by almost 150 tons per day over the last six years. And yet 2011 was the worst ozone season since 2007. VOC Pollution? It's increased by 17 tons per day despite almost every individual category going down, save the ambiguous "Area" sources and emissions from the Oil and Gas industry. So if NOx decreases ozone so much more effectively than VOC decreases, how come 2011 ozone levels didn't reflect that? Many public officials around the country cite scientific evidence that already smoggy air turbocharges the ability of gas patch pollution to create more ozone. Usually very weak VOC molecules are transformed into smog-producing machines. TCEQ refuses to factor in this scientifically validated increased reactivity of VOCs being released by gas sources despite predominate winds carrying already smoggy air into the heart of drilling country in Tarrant, Denton, Wise, and Johnson Counties. It's model doesn't recognize this phenomena happening. TCEQ may also be underestimating the ability of these weak VOCs to already make ozone. In her 2011 landmark "Leaking Money" report for Downwinders, Dr. Melanie Sattler wrote that just the sheer volume of new gas industry VOCs is enough to affect DFW ozone levels. If DFW is ever going to solve its chronic smog problem, it has to have reliable information about what the increase in gas industry pollution is doing to our air. We don't have that now and no one in Austin is interested in finding out. Local leaders would be wise to decouple themselves from the TCEQ's politicized and uncurious approach to DFW air quality planning in Austin and find funding for their own research that can test for things the state doesn't want to know....Here's the full statement of Chris Klaus, Senior program Manager at NCTCOG and the lead staff person ther for all things air: "We appreciate your e-mail and comments regarding air quality facts and information on our Air North Texas and the North Central Texas Council of Governments’ (NCTCOG) websites.  We welcome and value this type of input.  In regards to your comments, historical emphasis has indicated NOx reductions are the most appropriate way the region can lower ozone levels.  Of the primary emission sources, on-road vehicle activities account for nearly half of the NOx inventory.  We frequently discuss NOx and VOCs when providing outreach, and have updated the Air North Texas website to make sure VOCs are referenced when appropriate.  Air North Texas is meant for the general public, and NCTCOG staff feels it is more effective to educate them about what they can do to improve air quality, and how to protect their health and the environment."  Read More

In today's New York Times, columnist Nicolas Kristof writes extensively about the threat of endocrine disruptors - those chemicals that, instead of killing you outright, do strange and horrible things to your hormones and reproductive systems like genital deformities, breast cancer, infertility, diabetes and even obesity. Endocrine disruptors are everywhere, in food, cosmetics, even the receipts you get at the grocery store or your ATM machine...and the air pollution from many kinds of facilities.  It's the hormone-wrecking properties of one such chemical - bisphenol-A, or BPA, used to line food cans - that prompted eight medial organizations representing MDs in the fields of genetics, gynecology, and urology to say BPA should be banned from the marketplace last year. But it's clear that there are many, many chemicals, including less exotic ones like lead, and dioxin, that also act as hormone disruptors in the body. As Kristof explains, scientists know that even the tiniest variations in hormone levels influence fetal development. Endocrine disruptors play a kind of birth defect roulette as they course around the mother's body and end up in the fetus' bloodstream. In making his argument, Kristoff uses the example of a very specific birth defect, Hypospadias - a misplacement of the urethra - is now twice as common as it used to be and cites a leading researcher linking this trend to increased exposure to endocrine disruptors.  Why is this important for North Texans? Because the federal Agency for Toxic Substances and Disease Registry (ATSDR) found that the incidence of Hypospadias was approximately four times higher in Midlothian than the state of Texas as a whole. Remember, everyone is exposed to a constant sea of endocrine disruptors just from everyday living, so that wouldn't explain the much higher rate of a specific birth defect linked to the chemicals in Midlothian. But maybe operating three huge cement plants plus a steel mill could.  That same ATSR study - officially "inconclusive," also found a much higher rate for Microcephaly, where the newborn's head is more than two standard deviations smaller than the average, and Craniosynostosis, a condition in which one or more of the skulls' fibrous sutures prematurely fuses. That was only one study of a specific area. We know the Frisco lead smelter generates large quantities of dioxin. We don't know the impact of those releases. We know that gas drilling also involves a lot of chemicals identified a endocrine disruptors, but we don't how the last decade of urban drilling in the Barnett Shale has dispersed them or what their cumulative effect has been. According to Kristof, many scientists have seen enough proof and now want to better protect us from the dangers of endocrine disruptors. "For several well-studied endocrine disruptors, I think it's fair to say that we have enough data to conclude that these chemicals are not safe for human populations," according to Dr. Linda Vandenberg, who was the lead author of a new report we featured last month that concludes there are no safe doses for these kinds of chemicals. When it comes to the effects of chemical exposure, government regulations often lag far behind the science. How long will it take this warning to be implemented into public health precautions? And why don't we have a system that examines the possible impact to human health of a chemical BEFORE it's released into the marketplace?  Read More

Irony isn't dead. But even it has to sit down and self-medicate when the Portland Cement Association rolls out it annual "Environment and Energy Awards." This year's winners include the CEMEX Louisville Kentucky plant (27,000 pounds of toxic releases in 2010) for its substitution of a a pug screw for the more traditional pug mill, Titan's Troutville, Virginia plant (13,882 pounds of toxic releases in 2010) for it's excellent cub scout tours and self-interested quarry expansion PR campaign, and Holcim's Theodore, Alabama plant (1, 037 pounds of toxic releases in 2010) for burning tires and plastics.  We are not making this up.   Read More

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

Public outrage over cement plant pollution has sparked a government ultimatum that the industry must comply with new emission standards in three months or risk being shut down temporarily or permanently. This isn't happening n Western Europe. And because this isn't fiction, it's not the US either. No it's Dubai.  It's part of a larger effort to reduce polluiton from cement plants by 50% in three years  in that country, which is still experiencing a construction boom. Plus, how's this for nice touches, the plants also have to "ensure 50 per cent of the boundary of their factories be covered with trees and other foliage, to mitigate some of the carbon dioxide emissions and to 'improve the ecology' and appearance of the area." Meanwhile, we're hearing nasty rumors about the EPA possibly backing off its new cement plant emission rules that are due to be implemented in the fall of next year. Never thought we'd say it, but could we just be guaranteed the same kind of environmental protection as a Developing Country?   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

Really, the headline from the New Jersey Spotlight says it all: For Smog Control at Incinerator, Public Pressure Played Key Role." At issue was the kind of air pollution controls to require on the largest garbage incinerator in the state, run by Essex County itself. And see if this doesn't sound vaguely familiar. In 2009, the New Jersey Department of Environmental Protection issued a new air permit renewal for the incinerator but failed to give proper public notice. The state failed to even notify the groups that were already suing over the incinerator's violations of its former permit. Feeling a little hurt, the groups filed a petition with EPA to revoke the state's new permit and have a complete re-do of the whole thing, using evidence of permit violations of Particulate Matter and Sulfur Dioxide by the facility as leverage to force an agreement. When a public hearing was finally called on the proposed permit, hundreds of residents attended and demanded that air pollution from the incinerator be reduced. So the state relented and demanded the incinerator install controls that will be at least 50% better at collecting PM pollution and use modern diesel engines to reduce Sulfur Dioxide emissions. William Schulte, an attorney for the Eastern Environmental Law Center, which represented the community organizations, was quoted in the article as saying that “Without the public, DEP could never had made that deal." Public participation doesn't always guarantee victory for a grassroots group, but you can't win without it. That's how Downwinders won our historic settlement with Holcim Cement in 2006. That's how we forced the cement plants and Chaparral Steel Mill to add controls.  That's why Governor Perry and his friends want to limit your ability to even know about permit changes in Texas - to the extent that Ash Grove can re-build its entire cement plant under a "permit amendment" that requires no public notice. Ditto with the permit the state gave TXI last June that gives the company permission to turn its cement kiln into a giant garbage burner. No public notice required. No public hearing required. No public participation wanted. That is one thing we should all be working to change in Texas. Meanwhile, here's to another win by people power.   Read More

Titan Cement is trying to build a huge new cement plant near Cape Fear in North Carolina. People who live there are putting up quit a fight to prevent them from doing that. In order to get these people to settle down, Titan sued a couple of local residents, Kayne Darrell and pediatrician David Hill, who made comments at a County Commissioners' meeting that went like this: "...we know from numerous studies that if we build this thing, more children will get sick, a handful of them will die. We also know from the adult studies that more adults will get sick and quite a few more of them are going to die as well Which ones? Can't tell you. That makes it difficult, but there will be some." Quite right. We know all these things because numerous scientific studies show a very straight-forward relationship between the kinds of crud put out by cement plants and rates of asthma, heart attacks, strokes, etc. There is nothing the least slanderous or libelous about saying so. And yet Titan sued in hopes of intimidating not only the two citizens it sued, but everyone else who wanted to speak up but now would be afraid of getting sued. That's how SLAPP (Strategic Lawsuits Agains Public Participation) suits work. No one ever expects to win a case. If you're a company, you win just by filing because it shuts people up, or a least that's the intent. Well, today comes word that Titan and the citizens have "settled" the case and Titan now "recognizes that reasonable minds have the right to disagree, and respect both Dr. Hill and Ms. Darrell's right to do so." Isn't that precious? The Greek Multinational Cement Giant agrees that the quaint American First Amendment is still the law of the land here. In organizing, we often say it's all about relationships and the Titan press release onthe matter seems to bear this out. "Prior to today's mediation, we had not personally met and spoken with Dr. Hill and Ms. Darrell," Titan said in a statement. "Having done so, we do not believe that either Dr. Hill or Ms. Darrell intentionally made any false statements about Titan or our plant in New Hanover County." So you know, all it took was seeing that in fact these citizens were not horned devils for the company to change its mind. For his part, Dr. Hill would not comment on the resolution Wednesday except to say, "I look very much forward to being able to focus all my energy on my efforts to improve the health of children in this region." Both defendants will release a statement in the next 24 hours according to their attorney. Meanwhile, Titan won its state air permit, but its's still not a free and clear path to construction.   Read More

Beginning at noon on Saturday and continuing until 7pm, the air monitor in Frisco recorded a 75 parts per billion or higher level of ozone, a violation of the new smog standard just adopted by EPA. By evening it had come within less than 1 part per billion of violating the obsolete 85 ppb standard. It was the single highest ozone reading on a day in March since air monitoring for the pollutant began in DFW in the late 1990's. A violation of the 85 ppb standard this early in the year would also have been an historic first because according to the government, "ozone season" doesn't even officially start until April 1. What made it even more spectacular was that it was on a Saturday - traditionally not a high-ozone day of the week in DFW. Not an auspicious start to a year when we're supposed to have the very lowest levels of ozone ever monitored, according to your Texas Commission on Environmental Quality. At least that's what they told the EPA when they had to submit a plan for cleaning-up DFW ozone way back in December. It's the miraculous new "free market new car pollution control measure" TCEQ has been touting for two years now that says so many more local residents will buy newer, cleaner cars that the air will reach almost Alpine purity by September. Unfortunately for Austin, all it took was some unseasonably warm weather in March (just an anomaly we're sure) to consign that prediction to the ash heap of previous TCEQ predictions about improving air quality in DFW. To achieve TCEQ's prediction for better 2012 ozone levels, Frisco's air monitor can't record anything higher than a 58 ppb  8-hour average this year. Yesterday, it was at 84.24 at the end of the worst eight hours that saw readings go as high as 96 ppb. Given the weather forecast for the rest of the week, it's not unthinkable that we'll have our first violation of that old 85 standard before April begins. We would say we told you so, but really, how smart do you have to be to know that another TCEQ optimistic prediction about DFW air quality would fail miserably right out of the gate?   Read More