State Budget Writers Vote to Keep Raiding Anti-Smog Funds

l__burglar-cartoonToday brings news of the first skirmish in this year's state Legislative session over using anti-smog funds collected in DFW and other EPA "non-attainment" areas to ease budget gaps in general revenue. 

The Dallas Morning News has an account of local Dallas State Representative Helen Giddings teaming up with Houston Rep. Turner Sylvester during a House Appropriations Committeee meeting on Tuesday to make the case that the funds are desperately needed to help reduce air pollution in Texas' largest cities where unhealthy air is still the norm during "ozone season."

Everyone who gets their car inspected in North Texas pays an extra $6 that goes to the "Low-Income Repair and Replacement Assistance Program," (LIRAP). The money is supposed to be used to help low-income car owners upgrade their vehicles so they'll run cleaner. Because they can't afford to buy new vehicles as often, low income owners usually drive older cars. Older cars are dirtier cars. Fix them or upgrade them to newer cars and you reduce air pollution.

According to the folks that wear the green shades, the LIRAP fund will have approximately $77 million in unspent money at the end of August. Another $80 million is expected to be collected in the state's "non-attainment areas" over the next two years. That's a lot of car repair money. But as it turns out, state budget writers are proposing to only spend a little over $11 million in the next two years to be split up between Houston, DFW, Austin and San Antonio.

The size of the diversion has publicly angered elected officials in DFW and the other urban areas who are facing compliance with a new, stricter EPA smog standard by 2018 even as they annually fail to meet the old standard. In DFW and Houston LIRAP funding is traditionally used to build the clean air plans that must get approved by EPA. Without sufficient funds, local officials are telling the state that its next plan, due in 2015, might not get approved by EPA. You can imagine the disappointment in Austin of hearing that news.

Austin and San Antonio officials have actually threatened to pull out of the fee system all together unless they get more back of what their residents are putting in. That huffing and puffing paid off a bit Tuesday, as the Republican-led committee voted to approve an additional, but token, $1.4 million to those cities. Still, perhaps that lesson will not be lost on DFW officials, who have a long history of suffering silently as the state increasingly robs the region of its ability to control it's own air quality fate.

This was only the opening round of votes, and the House is more conservative than the Senate. But it's probably not a good sign that Rep. Giddings was the only one of at least five DFW-based members of the House Appropriations Committee quoted in News as leading the charge. Missing in Action was former Arlington City Council member and previous sometime-clean air supporter Diane Patrick, and oh yeah, the Chair of the Committee that hails from non-attainment Ellis County, Representative Jim Pitts. If the local North Texas clean air establishment can't get more help from its own players in the Lege, they're unlikely to see more money flowing their way.

TCEQ Can’t Handle the Truth Over DFW Air Plan Failure

Here's further proof that Governor Perry has transformed the world's second-largest environmental agency into just another extension of his on-going political campaign.

After waiting for a couple of days for the Texas Commission on Environmental Quality to say something about the failure of its latest DFW clean air plan to reach a 1997 ozone standard by the end of this "ozone season," Downwinders put out a release on Monday criticizing the agency for leaving the air dirtier than when the plan was begun in 2010.

To succeed, the TCEQ plan had to bring smog numbers down at all DFW monitors to 84 parts per billion or below by the end of this last summer, using three-year rolling averages incorporating readings from 2011 and 2010. The agency blithely predicted it would do just that and even published computer-modeled estimates of what the averages would be at the end of 2012. According to TCEQ we were supposed to see record low ozone levels this summer. So low that there would be no violations of the 1997 ozone standard for the first time since it was implemented.

Although the official EPA regulatory deadline to judge the plan a success or failure is June 15th, 2013, it's fate has already been decided by the data collected the three previous summers. That's important to know. TCEQ doesn't get another summer to prove that it's brilliant plan to sit back and watch people buy cars will work somehow, someway. The Clean Air Act only allows them three years to get their act together per plan. The clock started ticking in 2010. It stopped ticking on November 1, 2012, at the traditional end of DFW's ozone season. That was the practical deadline. All that's left to do is type up the report to EPA and submit it come June 15th of next year. They've run of of time.

But unless you've gone through this process before, or had been following the plan closely, you wouldn't necessarily know this. That was the case with Andrew McLemore, a reporter for the Fort Worth Weekly, who'd been assigned to follow up on the Downwinders release and e-mail the TCEQ for a response.

What TCEQ spokesperson Lisa Wheeler said to McLemore was that of course the agency never claimed to be able to meet the goal by 2012. We said we'd do it by June of 2013 – the regulatory deadline. Ohhhhh.

This is a great answer for a term paper that's late, but not so much when there's no more summers between now and June of next year to use in your clean air plan. Ozone data for November to June isn't going to do you any good because (unless global warming really accelerates) that's not the time of year we see high ozone numbers. And the plan has to use the highest of the high numbers. Telling McLemore that everyone had to wait until June to know the final results of the DFW air plan was like telling him to wait for the cake to cool for eight months after its' already been taken out of the oven. The thing is done. It's not getting any bigger, or sweeter-tasting, or rounder. It's not changing character or content. It is what it is right now.

TCEQ knows this. Lisa Wheeler knows that there will be no new numbers to add or subtract from that will make any difference. There will be no 2013 average that they can use to change the results from what they are at this moment. It's all already been determined by this summer's miserable showing, and the miserable showing before that in 2011. That's what makes this answer of theirs so incredibly cynical.

Wheeler apparently wanted to confuse McLemore, in essence saying, "Gee we really didn't fail yet – you have to wait until next June to conclude that. We still have time to change the outcome! " But because the data won't change, the results won't change either.

Don't take our word for it. TCEQ has a whole web page devoted to chronicling the proof that the DFW air plan has already failed – http://www.tceq.state.tx.us/cgi-bin/compliance/monops/8hr_attainment.pl

You'll notice this page, titled "Compliance with Eight-Hour Ozone Standard" has only three columns of data, one for 2010, one for 2011, and one for 2012. No column for 2013. You'll also notice that at the end of that three year cycle, there are two sites with running average that are at or above 85 ppb. The results are in. TCEQ's second clean air plan for DFW to reach the old 1997 standard in the last four years has failed. TCEQ just can't man-up and say so.

Not only has it failed. It's actually left DFW air dirtier than when it began. Here's why:

– Two monitors now have a three year running average (design value) of 85ppb or more. This is the same number as 2010, so no change at all on that front.

– The three year average for the region's highest reading actually went up 1 ppb from 2010 (86 ppb), to 2012 (87 ppb), with a spike of 90 ppb last year. Worse than 2010.

– Six monitors saw a violation of the 85 standard this summer by posting a 4th highest reading that was 85 ppb or above.  Only one monitor did that in 2010. 2012 is five times worse than 2010 by this measuring stick.

– The location of those violating monitors is of concern because they moved further east from the northwestern corner of Tarrant County where they'd been "contained" – all the way into central Dallas, where the "Hinton St. monitor" near Mockingbird and I-35 recorded a 4th highest reading of 85 ppb or above for the first time since 2005. Also proof things have gotten worse, not better.

So the latest TCEQ DFW clean air plan achieved the following: More numerous and geographically-dispersed violations, with an increase in average levels of air pollution that takes it further away from the 84 it needs to achieve, instead of bringing it closer.

Heckava job.

To fully appreciate the agency's mendacity in its public approach to this failure, all you have to do is ask yourself how TCEQ would have reacted had it somehow achieved the miraculous decrease in air pollution its clean air plan promised. Go look at the front page of the TCEQ website. It has almost as many diatribes against the EPA as it does real environmental policy news, including opinion pieces written by TCEQ Commissioners. Do you think the agency would have waited until June 15th, 2013 to trumpet its success just because of a meaningless, bureaucratic deadline? Neither do we.

The TCEQ is never going to be a trustworthy source of information or expertise in the fight against DFW smog again while Governor Perry is in office. The sooner local officials wise-up and chart their own path, the better.

2nd TCEQ Clean Air Plan in Four Years Fails, Leaves Air Dirtier

For the second time in four years a state-designed clean air plan to bring safe and legal air to DFW residents has failed, missing its goal by an even wider margin than on its first try, and leaving local air quality worse than when it started.

November 1st marked the official end of the eight-month 2012 ozone season. According to the Texas Commission on Environmental Quality, or TCEQ, its plan was supposed to deliver record-breaking clean air to DFW this summer on its way to bringing the region into compliance with the Clean Air Act for the first time in two decades.

 
Instead, six of the 20 ozone monitors in North Texas recorded levels of smog at or above the now-discarded 1997 standard of 85 parts per billion (ppb), while 17 of them recorded violations of the stricter new health- based 75ppb standard that will take effect in 2018.
 
Clean air activists were anything but surprised.
 
They accused the state plan of being designed to fail by a politicized TCEQ to avoid any new pollution controls on industry at a time when Governor Perry was running for President. Relying mainly on new car sales projections, TCEQ engineers assured local leaders that pollution levels would go down as older vehicles were traded-in for newer, cleaner ones.
 
"Since this 'plan' primarily rested on the hope that lots of people would buy new cars, no serious-thinking person thought it would work " said Jim Schermbeck of DFW-based Downwinders at Risk."Unfortunately, after 12 years of Rick Perry's leadership, the TCEQ is in short supply of serious-thinkers."
 
The margin of error between what TCEQ computer modeling predicted pollution levels would be at DFW air monitors in 2012, and the actual levels of smog they recorded this summer is over  20% at some locations.
 
The average error of all 20 monitors is 10 ppb. None of the 20 area monitors came closer than 4ppb to reaching its predicted TCEQ target.
 
A first attempt at reaching the 85ppb target fell short in 2009 -10, but gave the region its lowest-ever smog readings, albeit still illegal. Since then, air quality in DFW has been getting worse, not better.
 
In fact, air pollution is worse now than when the state started drafting its latest plan in 2010. Two years ago, there was only one monitor recording violations of the 85ppb standard. This year there are six.
 
"Only TCEQ could write a clean air plan that actually makes the air dirtier," remarked Schermbeck.
 
Some of the critical numbers from 2012 were slightly lower than 2011, when North Texas smog levels reached seven-year highs. The slip was large enough to allow Houston to retake a share of the title of "Smog Capital of Texas" that DFW claimed solely for itself last year.
 
In 2012, DFW has a rolling three-year worst average of 87ppb of ozone while Houston clocked in at 88ppb. Houston had 17 days over the old 85ppb limit. DFW had 12. But while Houston experienced 28 days when it was in violation of the new stricter 75 ppb standard, DFW recorded 36. A third of DFW's 20 monitors were over 85ppb. Only a fifth of Houston's 47 monitors were. Likewise, 85% of the monitors in DFW had violations over 75ppb – the same as 2011, while Houston had 87%.
 
Perhaps just as embarrassing to TCEQ as its continued failure to get DFW into attainment with old federal smog limits is Houston's continued backsliding. After a period of progress that saw it reaching compliance with the 85ppb ozone standard in 2009, things have going backwards ever since.
 
Like DFW, Space City was supposed to be on its way to meeting the new standard, not struggling with trying to meet the 15-year old one. Clean air plans for both regions to meet that new 75ppb standard will have to be drafted by the state and submitted to EPA by 2015.
 
Schermbeck said for any new DFW clean air plan to be successful, it must do more to reduce pollution from East Texas coal plants, the Midlothian cement kilns, which are applying for new permits to burn industrial wastes, and the smog-forming pollution caused by natural gas mining and processing
 
"TCEQ continues to underestimate the impact of industrial sources of pollution while overestimating the impact of car pollution. It's all about blaming drivers and ignoring the smokestacks and flares."
 
Schermbeck pointed to the fact that over the last three years, the location of monitors violating the 85 ppb limit has moved further and further east as gas drilling has moved in the same direction. 
 
After being confined to one or two northwest Tarrant County sites, the number of problem monitors has risen to half a dozen and reaches all the way into central Dallas. A TCEQ monitor near Mockingbird and I-35 violated the 85ppb standard for the first time since 2005.
 
Schermbeck speculated that the state hadn't adequately estimated the air pollution impact of new gas facilities in the Barnett Shale itself, as well those being built southeast, or directly upwind, of DFW. He blamed TCEQ's monopoly on the computer modeling that drives the entire air planning process for painting a deceptively cleaner future.
 
"Garbage in, garbage out. As long as this TCEQ is exclusively in charge of the little black box that spits out the results, you're always going to get more political answers than scientific ones. Local officials must understand this and begin to search for their own expertise. Austin just isn't a reliable source of information or advice on how to fight smog."

2011 was the Worst Year for Smog since 2006 in DFW. 2012 Is One Bad Air Day Away Matching It.

Last year's air quality death spiral in DFW was sometimes explained away as an anomaly because of the severe drought the entire state was going through.

So what's the explanation this year?

With yesterday's high ozone levels sending a 6th monitor into an exceedance of the old 1997 85 parts per billion smog standard, DFW is just one more bad air day away from matching last year's dreadful results. Today's ozone forecast says there should be no high levels of smog in DFW today, even as the temperature reaches for a record high. But then again, they weren't predicted Thursday either.

To give you some idea how rapidly things have gone downhill for air quality in DFW the past two years, just look at the annual numbers. From 2007 to 2010, we had a total of nine monitors register official exceedances of the 85 ppb standard. That's about two monitors a year average. This turns out to be the closest we've ever come to actually meeting the standard. Officials could argue with some justification that air quality was slowly getting better.

On the other hand, during the last two years, we've had 13 monitors record exceedances of the 85 ppb standard, an average of 6.5 a year, and 2012's ozone season is not yet over. You could add up all the exceedances from the four years between 2007 and 2010 and still not equal the number we've experienced in just the last 24 months.

This is not progress.

TCEQ and the gas industry have argued for some time that gas mining couldn't possibly be contributing to smog problems since smog levels were going down as drilling was increasing in DFW. But that's not true anymore. As gas drilling has moved further and further east – into the heart of the non-attainment area, we've seen in increase in ozone concentrations, in exceedances in monitors, and monitors in the eastern part of the Metromess exceeding the standard that hadn't done so in five to seven years.

Meanwhile all other major source categories for air pollution have been decreasing their emissions. Cars, power plants and cement kilns are actually releasing less air pollution now than they were ten or 20 years ago. Only one large specific source category has increased its annual tonnage significantly over that same time – oil and gas.

Is it just a coincidence that smog is getting worse as oil and gas pollution skyrocket – not only in the Barnett Shale that surrounds DFW on three sides, but by all the new oil and gas sources now southeast of Dallas as part of the Haynesville Shale play that are blowing their pollution toward us most of the ozone season? There are now so many gas compressors in Freestone County, less than 75 miles away from the Dallas County line, that their emissions represent the equivalent of over 4 new Big Brown coal plants. What do you think the impact on air quality would be of four large new coal plants located immediately upwind of DFW? Might it look a lot like it does in 2012?

Could it be that the dirty mining of "clean" natural gas is making it impossible for DFW to meet the old 85 ozone standard, much less the new 75 ppb one? That the Devil's Bargain so many former and current elected officials made with the gas operators to grab the cash and run is now coming back to bite them and us in the air quality butt? That was certainly the conclusion of the study we publicized this last Tuesday from the Houston Advanced Research Center:

"Major metropolitan areas in or near shale formations will be hard pressed to demonstrate future attainment of the federal ozone standard, unless significant controls are placed on emissions from increased oil and gas exploration and production….urban drilling and the associated growth in industry emissions may be sufficient to keep the area (DFW) in nonattainment."

It's time for local officials to replace those cash registers in their eyes with gas masks. Because of their rush to make money, they didn't pause to understand how so much new industrial activity could produce smog just like the bad ol' days. They were being paid not to understand. And now 5 to 6 million people who still can't yet breathe safe and legal air are paying the price.

Study: Gas Drilling “Significantly” Increasing DFW Smog

In the middle of another bad North Texas ozone season, a new study by a Houston research consortium concludes that Barnett Shale natural gas facilities "significantly" raise smog levels in DFW, affecting air quality far downwind.

According to the study, ozone impacts from gas industry pollution are so large, they'll likely keep North Texas from being able to achieve the EPA's new 75 parts per billion (ppb) ozone standard.

Author Eduardo P. Olaguer, a Senior Research Scientist and Director of Air Quality Research at the Houston Advanced Research Center, concludes that, "Major metropolitan areas in or near shale formations will be hard pressed to demonstrate future attainment of the federal ozone standard, unless significant controls are placed on emissions from increased oil and gas exploration and production….urban drilling and the associated growth in industry emissions may be sufficient to keep the area (DFW) in nonattainment."

Olaguer's article describing his study was recently published in the July 18th edition of the Journal of the Air & Waste Management Association. It's the first independent study to examine specific North Texas ozone impacts from the gas industry.

Environmental groups say air pollution from natural gas sources is already making it impossible for DFW to meet even the obsolete 15-year old standard of 85 ppb. So far in 2012, five monitors have violated that level of smog despite a state plan that Austin guaranteed would reduce ozone concentrations in DFW to record lows this year. Counting 2012's failure, DFW has been in continual violation of the Clean Air Act for its smog pollution since 1991.

"This study is proof we need a regional strategy of self-defense to reduce air pollution from the gas industry," said Downwinders at Risk Director Jim Schermbeck, whose group has been leading the fight to reduce smog-forming pollution from gas sources for two years now. "TCEQ and EPA are not doing enough to rein-in these facilities. Despite their official plans, our air is getting dirtier, not cleaner because gas pollution is still under-regulated. It's time for us to do more at the local level."

Schermbeck suggested the study could make a difference in the upcoming city council vote on a new Dallas gas drilling ordinance.

"Dallas has a chance to react positively to this new evidence by adopting the nation's first policy aimed at mitigating the tons of new pollution caused by gas mining in its new drilling ordinance. That would be a very large step forward in advancing regional clean air goals."

A city-wide coalition of neighborhood, homeowners, and environmental groups has been urging the Dallas city council to require gas operators to reduce as much air pollution as they release through funding of anti-pollution measures across the city. The Houston Center study gives them a lot of fresh arguments.

According to it, "…oil and gas activities can have significant near-source impacts on ambient ozone, through either regular emissions or flares and other emission events associated with process upsets,and perhaps also maintenance, startup, and shutdown of oil and gas facilities."

In fact, just routine emissions from a single gas compressor station or large flare can raise ozone levels by 3 parts per billion as far as five miles downwind, and sometimes by 10 ppb or more as far as 10 miles downwind.

Those impacts rival the size of smog effects traced back to the Midlothian cement kilns or East Texas coal-fired power plants by previous studies.

As the study notes, "Given the possible impact of large single facilities, it is all the more conceivable that aggregations of oil and gas sites may act in concert so that they contribute several parts per billion to 8-hr ozone during actual exceedances."

This conclusion directly contradicts the stance of the Natural Gas industry and the Texas Commission on Environmental Quality, both of which deny that Barnett Shale gas emissions are large enough or located in areas that can influence DFW ozone levels.

But the Houston study is based in part on data collected by industry, as well as information from the city-sponsored "Fort Worth Study," and citizen-sponsored testing in the town of DISH in Denton County. It also uses a kind of computer modeling that allows for a more realistic understanding of how large releases from gas facilities can increase ozone pollution than the one the TCEQ uses.  It's the most sophisticated challenge yet to the state and industry's claim that gas emissions do not constitute a large threat to DFW air quality.

"This is reality-based science, not the ideologically-influenced happy talk that's coming out of TCEQ these days," said Schermbeck. "Local governments in North Texas, especially those that are traditional allies of clean air, need to pay close attention and act on it."

The report is available for downloading here.

The EPA Loss in Court You Didn’t Hear About, But Could Affect You More in DFW

Let's face it, the EPA legal team has taken a bunch of hits lately. Losses in court over the Texas Flex permitting plan and national cross state pollution rules, among others, have gotten lots of headlines, but for various reasons may not be as awful as they first sound to environmentalists.

But there was a recent ruling that did hit home for metropolitan areas like DFW that are a) already in "non-attainment" of the federal ozone, or smog, standard, and, b) host lots of urban gas and oil drilling. You probably didn't hear about it, but it may have more of an impact on your air here because it once again left a large loophole in current law that allows the oil and gas sector to escape emissions "off-setting."

According to the Clean Air Act, every large industry that comes to set up shop in a non-attainment area like DFW must decrease as much pollution as it estimates it will increase. This is required so that new pollution doesn't just take the place of pollution that's been reduced from industries already operating in the area. Otherwise, there would be a large imbalance between new industries and established ones that would put air quality progress in peril.

And that's exactly what's happening in DFW.

For a decade now, gas mining in the Barnett Shale has added tons and tons of new air pollution to the North Texas airshed that has not had to be off-set with reductions. While emissions from this industrial sector grew, pollution from local cars, power plants and cement kilns actually decreased. Based on past experience DFW should be making headway toward cleaner air. But we're not. For the last two years, DFW air quality progress has stagnated and even begun rolling backwards. This year we already have five monitors out of compliance with a 1997 ozone standard, compared to just one in 2010.

So why aren't gas emissions subject to Clean Air Act  "off-sets" just like a power plant or cement kiln? Because nobody writing the Clean Air Act in 1970, or its amendments in 1991, anticipated urban drilling on the scale we're experiencing it in DFW these days. Nobody foresaw the establishment of a huge gas patch in a large metropolitan area with connected, but widely diffused sources of emissions spread out over hundreds of square miles.  They were thinking about "stationary sources" of pollution like coal-fired power plants, refineries and the like. The amounts needed to trigger off-setting are all oriented toward these massive facilities, not lots of smaller sources that eventually equal or surpass their output. As a result, there's a huge loophole that keeps the oil and gas industry from being regulated like any other industry in a non-attainment area.

EPA has recognized this loophole and tried to close it by ruling that facilities connected by process in the gas field may be treated as one large source of pollution – the term is "aggregate." And this is the definition that a court recently shot down in a Michigan case:

"The Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals held yesterday that EPA had no basis to find that the natural gas sweetening plant and sour gas production wells owned by Summit Petroleum Corp. in Rosebush, Mich., are "adjacent" under the statute and therefore a single source just because they shared some similar functions.

It is an important case for the oil and gas industry because it is the first appeals court ruling to address a recent EPA move seeking to more aggressively "aggregate" various nearby sources of air pollution at oil and gas facilities for permitting purposes.

The court ordered EPA on a 2-1 vote to consider again whether the facilities, spread over a 43-square-mile area, are "adjacent" under the "plain-meaning of the term," which focuses only on physical proximity."

Just in case there was any doubt about why the gas industry was challenging the EPA policy of aggregating, the next sentence of the article makes it clear:

"Industry groups object because it can bring the individual sources under the umbrella of more stringent Clean Air Act permitting requirements."

Now, of course adjacent in common law means next door. But what does it, or should it mean, in environmental law? The collective air pollution being generated by that 43 square mile complex could very well be "adjacent" to your lungs a short distance downwind. But the court didn't see it that way.

That means that going into the next clean air plan for DFW – one that will, at least theoretically be aimed at the new 75 parts per billion ozone standard –  EPA will not be able to "off-set" the large amounts of air pollution generated by gas mining and processing in the North Texas non-attainment area.

And that's why we have to do it ourselves, one city and one county at a time. Starting in Dallas. Starting now.

As part of the larger re-writing of the Dallas gas drilling ordinance, a very large and impressive coalition of homeowners groups, neighborhood associations, and environmental organizations have all endorsed the idea of Dallas requiring local off-sets for any pollution released by new gas facilities within the city limits. A company would have to pay for projects that would reduce as much pollution as it was estimated to release every year. Dallas would be the first city in the country to adopt such a policy, but it probably wouldn't t be the last. And it wouldn't take that many before you started seeing an impact on industry's emissions.

We have a model in the successful Green Cement Campaign of the last half decade, that also started in the Dallas City Council chambers with a first-in-the-nation vote. All it took was a dozen cities and counties passing green cement procurement ordinances to get the cement industry's attention. As of 2014, something like 300,000 tons of air pollution a year will have been eliminated because there are no more dirty wet kilns in North Texas.

We can do it again. This time with gas patch pollution. We have to. Nobody else is going to do it for us.

Gas Patch Pollution Linked to First Alamo City Ozone Violation

Ever since smog was an issue in Texas starting in the last 1980's, the two largest metropolitan areas have been duking it out for worst air in the state. Houston was the undisputed champion for awhile, but as of the last couple of years, Dallas-Ft. Worth has been neck and neck, and last, year, even posted worse numbers than Bayou City. No other city even came close.

Until now.

For the first time ever, San Antonio has a monitor in violation of the national ozone standard. It's the new standard of 75 parts per billion, so it's still way ahead of Houston and Ft. Worth that are still have chronic problems meeting the old 1997 85 ppb standard. But it's still a milestone.

What factors helped push SA over the line? Well, theres the significant growth of the larger metropolitan area itself, and out-of-state power plants that will now not be better controlled because of Team Perry's victory over the cross state pollution rules, and oh yeah, gas patch air polluion from the Eagle Ford Shale that's up wind of  San Anontio:

"Increased air pollution from the oil and gas boom of the Eagle Ford Shale is believed to be a factor, in addition to local sources and pollution coming from Mexico, East Texas and the East Coast."

In the last two days, we've seen a report confirm that Utah's winter smog is attributable to gas mining pollution and that San Antonio's worsening air quality is getting that way because of the same phenomena. But somehow, when it comes to DFW and the Texas Commission on Environmental Quality, gas patch pollution magically loses its ability to form smog. No way 15,000 Barnett Shale wells and all the associated infrastructure contribute to smog in the Metromess, says the state. No way the pollution from the  Haynesville Shale between Houston and Dallas make DFW's chronic smog problems worse. Its all good when it gets to North Texas.
 
When will local governments realize that if they want cleaner air, they're going to have to stop paying attention to the state of Texas, whose own interests do not correspond with their own?

Wake-Up and Breathe the Air Quality Progress/ Update X2

6:00 pm Update: Rockwell hasn't hit 125 ppb yet, but it's hovered in the "red" high teens for three hours according to the latest update from TCEQ, which only goes up to 4 pm. Frisco, Arlington Airport and the old Redbird Airport monitors still seem likely to have their fourth and so, official violation the 1997 ozone standard of no more than 85 ppb for an eight hour stretch.

3:30 pm Update: In the time it took to write this, Rockwall has seen its ozone levels rise to 119 parts per billion. The very old original ozone standard was 125 ppb over a one-hour period. That's considered not just a red alert day – that's getting deep purple. We already had one of those in Arlington in June. Rockwall is on its way.

Original Post:

DFW's luck with the wind has ended.

Breezes have slowed and pivoted to the East, carrying coal plant and natural gas mining pollution. At 11 am the Rockwall smog monitor was already at 91 parts per billion; the next hour it was 111 ppb. The new federal standard is 75 ppb. Now a broad front of five monitors are in the 90's, from Frisco to Arlington. Of those five, two are just one more "exceedance" of the old 1997 standard of 85 ppb – a standard that despite two clean air plans from Austin, DFW has never managed to meet. if they trip today, that would bring the total number of DFW monitors officially out of compliance with that '97 standard to five.

As late as last December, the Texas Commission on Environmental Quality was maintaining with a straight face that there would be NO MONITORS OUT OF COMPLIANCE WITH THE 1997 OZONE STANDARD. Whenever you'd point out that we just had the worst year for ozone since 2007, or that such a goal would require the lowest ozone levels ever recorded in DFW, TCEQ staff would shrug their shoulders and say, "That's what the computer model tells us," as if that was that.  In their own way, TCEQ has become the technocratic equivalent of those who beleive in the inerrent word of the Bible. The Bible Says It, I Believe It, and That Settles It.  Substitute the word "model" for "bible," and you have the philosophy driving the TCEQ response to DFW's chronic dirty air.

Of course, it matters what variables you put in that model, and how much weight you assign them, and how you run it. And if you're an extension of Rick Perry's permanent campaign machinery. In that case, the model has to say things will get better – because otherwise your critics would say the state needs EPA help to clean up the air; needs to not recommend new pollution control measures  – because otherwise it would contradict your anti-government crusade; and needs to ignore the most potent source of new emissions in the last 20-30 years from what is historically the most powerful industry in Texas.

If you have all that going for you, well then why sure, every summer is a new chance to once again prove how the invisible hand of the marketplace can take care of everything. And if it doesn't? Well, it was the EPA's fault for interfering with the marketplace. You can never lose.

The biggest purveyor of junk science in Texas is TCEQ. It's become exactly what it criticizes. Local DFW governments say they are dependent on the agency to provide them with "expertise" they just can't afford. But what's the value of that expertise when: 1) It's always wrong, and, 2) TCEQ is acting directly against local interests by letting ideology trump good science?

In 2010, just one or two monitors were violating the 1997 standard. Last year it was seven. By the end of the day today it could be five. The smog is getting thicker, and TCEQ is playing with its inerrant models.

3rd DFW Ozone Monitor Officially Trips the 1997 Standard

What were we saying about smog problems marching east with the gas drilling?

Yesterday's dirty air left the Dallas North site – south, and downwind of LBJ's mess – with its fourth exceedance of the 1997 85 parts per billion (ppb) ozone standard. That means it's an official violation of that standard since every monitor gets three strikes before being called out. It joins the Grapevine and Dallas Hinton Street monitors in violating a 15-year old standard that has been declared unprotective of human health and replaced with a tougher standard of 75 ppb. 16 of 20 DFW ozone monitors have already violated that new standard this year, but those don't start counting against us until around 2015-16 when it takes full effect. At the same time, violations of the '97 standard it replaced don't count either. So DFW remains in a kind of smoggy purgatory. This wil be the 21st year we won't be in compliance with the federal clean air smog standard.

Last Wednesday, fracking proponents on the Dallas City Council kept refering to the Texas Commission on Environmental Quality as if it was some kind of immutable final word on all things environmental. Alas, the TCEQ is not infallible. With DFW air quality, it's never even been right. TCEQ's 2012 clean air plan for DFW was supposed to give us historically clean air with NO VIOLATIONS of the 1997 ozone standard. Now we've had three with another two months of ozone season left.

For the record, in 2010 we had one monitor with four violations of the '97 standard. That was as close as we've come to complying with it. Last year we had seven. This year we have three and still counting. Despite all of these violations contradicting the state's predictions, TCEQ still insists in calling this air quality progress. It's not. It's continued non-compliance with an old standard that most of the rest of the country already meets.