Reuters has the run down on the plethora of new EPA clean air rules coming down in the next year or so, including resolution of the cross-state regs, vehicle efficiency, fracking emissions, Greenhouse Gases, and Coal Ash rules. We know there's been a lot of justifiable disappointment with this Administration, but please look at this agenda and try to imagine that any part of it would be coming from an EPA run by any of the current GOP presidential candidates. It's pretty much impossible.   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

While there may be some signs of life in the national economic picture, it seems to be a terrible time to have the Lone Star State's name attached to your business. As the Thanksgiving holiday began, the stock price of TXI, aka Texas industries, aka the owners of a brand new permit to burn industrial wastes at its Midlothian cement plant, reached a 52-week low of about $22 per share, compared to more than twice that earlier in the year. That decline could have something to do with its "EBITDA to sales ration," basically an earnings to revenue formula that's supposed to tell you how financially healthy a company is supposed to be.  It's estimate of how many years of earnings would be necessary to pay back all the debt a company has. This ratio is considered to be alarming when it is greater than 3.0. TXI's is 146. It's next closest competitor in the construction materials market is Headwaters at 11. It's numbers like these that consistently land TXI on a list of companies ripe for takeover, especially in an industry that's been consolidating at a record pace the last twenty years. It's also what's motivating the company to turn itself back into a waste incinerator. By this time next year, TXI headquarters could be overseas. Meanwhile Energy Future Holdings, aka, the old Texas Utilities, is also swimming in debt thanks to ill-timed gambling on aging coal plants and hitching its fate to natural gas prices. "It's kind of like Greece -- by any cold, sober analysis, the math doesn't work,' said one power investment banker," according to Reuters lengthy analysis. The once mighty giant could hit a wall as soon as 2014 when it faces a $4 billion loan payment. Markets put the chance of EFH going into default at 91%. Changes in ownership mean changes in operation at the large polluting facilities of these companies. Could be good - jettisoning those old coal plants for example, or bad - cranking up the kiln to burn even more wastes to cut fuel costs. Stay tuned.    Read More

Never doubt the ability of a small group of committed citizens to uncover government agency mistakes. Yesterday, a handful of Frisco residents met with EPA Region 6 staff about their local Superfund Site-in-progress known as the Exide lead smelter. The list of subjects to discuss was long and varied. Lead-paved streets, lead-lined creeks, lead contaminated waste water treatment plants, illegal landfilling of hazardous waste, modern pollution controls and the boundaries of the current two square-mile non-attainment area for lead in the middle of downtown Frisco. It was a productive meeting, with some new information coming to light, including the fact that those boundaries lines are not based on good science and need to be redrawn.   Read More

Meeting last night, members of the fledgling grassroots effort to re-locate Frisco's lead smelter decided to give themselves a name. They choose....."Frisco Unleaded: Exide Out," which is both clever and to the point. This is only the third meeting, but they've already got the attention of both the company and the sluggish town leadership. Last month the City Manager and a Council Member showed up at a talk the group sponsored on "amoritzation," the legal process by which a city government can kick an undesirable business out of town.   Read More

In Shanghai, China, a US-owned lead smelter is accused of poisoning at least 30 children as a result of its operation and the local government there shut it down at least until the end of the year.   Read More

Tomorrow marks the beginning of the House Republican assault on the Clean Air Act, including gutting rules that would reduce smog, mercury poisoning, and toxic air pollution of all kinds. Every week from now until Thanksgiving, Republicans will be targeting a different EPA policy for destruction, including the 15-years-in-the-making emission rules for cement plants that Downwinders was instrumental in winning in 2008.   Read More