air toxics
Report: Homeowners Close to Frisco Lead Smelter Site Face 15% Drop in Property Values
Homeowners within a half mile of the former Exide lead smelter site and other lead-contaminated properties in Frisco are seeing a 15% drop in their property value from the stigma associated with the toxins, according to a new economic analysis done by an independent North Texas economist hired by local environmental groups.
“There are double-digit negative impacts on the assessed values of all 90 homes,” concluded Dr. Bill Luker, Director of Denton-based Terranovum Solutions, who was asked by Downwinders at Risk and Frisco Unleaded to examine the economic impact of the Exide environmental controversy on surrounding home values.
“There’s an average negative discount of $24,613,” stated Dr. Luker. “In other words, if it were not in close proximity to two sources of contamination, i.e., the Exide site and Stewart Creek, the average home would be assessed at about $213k, $24k more than its current appraisal of $189.3k.”
Dr. Luker said that although the study was relatively small in focus, he was confident of the results and said it pointed to the need by the City of Frisco to do its own more comprehensive economic analysis before it decides what environmental clean-up options to follow.
“The costs we’ve reported, while substantial for many homeowners, will be unquestionably dwarfed by the magnitude of those from the discounting of residential and commercial property values, and the negative effect on local personal income, employment, average and median household income, and ultimately, lost tax revenue for local government….”
Downwinders Director Jim Schermbeck called this economic impact a hidden “toxic landfill tax” that was already being assessed on the community now, in contrast to what some Frisco City Council representatives have said would be a necessary property tax increase to pay for a complete clean-up of the Exide property.
“City Hall may not want to talk about it, but there’s a heavy tax already being paid by Frisco property owners for being located in proximity to Exide. That tax will only increase and spread if a temporary clean-up of Exide is turned into a permanent landfill site for its toxic wastes.”
Monday at 5 pm was the deadline for government entities to put in their claims against Exide in the east coast bankruptcy court hearing the company’s case. Frisco City Hall has insisted that leaving a 40-acre toxic waste landfill behind on the Exide property will allow for normal economic development and a 4cheaper clean-up bill. The City has only asked the court for approximately $20 million for that option, versus the $135 million for a full clean-up.
But the city has yet to release an itemized accounting of their consultant’s cheaper estimate and this new report casts doubt that normal economic development can ever take place in the presence of so much toxic contamination.
According to Luker, “Re-development of the Exide site and surrounding property cannot occur if environmental remediation is viewed by the market as neither thorough nor complete. The net result of years or even decades of contamination will not only continue to depress values for both residential and commercial property, but will also hold down the growth of local private employment and levels of personal and household income. All of these factors will contribute to the indefinite perpetuation of economic underdevelopment in the center of Frisco.”
Schermbeck agreed. “This report is just the tip of the iceberg of likely economic problems caused by the City’s choice to allow a hazardous landfill to dump wastes improperly stored in Frisco to begin with . The total costs of keeping toxic waste in the middle of town could easily run into the billions in terms of lost taxes and lost economic opportunities. It’s in Frisco’s best interest to tally those costs up before they decide that it’s cheaper in the short run just to bury it in place downtown.”
He pointed out that it was Frisco Unleaded members who had already approached state legislators about redirecting state battery fees from general fund accounts to the Exide clean-up, something that Frisco City Hall had not yet committed to, despite tapping those funds during the last legislative session. “With state help you could totally remove the source of this economic stigma. You wouldn’t have to settle for a hazardous wast landfill in the middle of town. But the City won’t commit to this strategy.”
Schermbeck and Frisco Unleaded members have been criticizing the Frisco City Council for accepting the landfill option too quickly in light of so many unknowns of cost and contamination threat. They’ve asked for the city to release it’s own detailed consultant’s report on the different clean-up options, but so far City Hall has refused.
“There is a rush to judgment taking place within Frisco City Hall about the Exide site that’s totally at odds with the facts on the ground,” said Schermbeck. “This new study should be a big red flag to the City Council about its current course. The long term costs to the city ‘s economic growth may be larger than the short-term savings it thinks it will accrue by taking what looks like a cheaper option.”
You can download Dr. Luker's summary here.
Methodology: Dr. Luker’s economic analysis is a summary of impacts on property values of a sample of 90 homes in close proximity (between 3000 and 3600 feet) to the former Exide Corporation’s lead smelting operations in what is now downtown Frisco, TX. It uses reliable estimates drawn from the very broad and deep empirical literature on the statistically and commercially significant negative economic impacts of closely similar brownfield sites on residential property values in their immediate locale. For the year 2011, findings from that literature were used to calculate the negative impact on the assessed property values of 90 homes, a 3 percent non-random, spatially bounded sample from a population of 2782 homes identified within .5 to 1.5 miles of Exide-Frisco.
D-Day Minus 7: Dallas Gas Ordinance Countdown
Considering how little public notice there was, yesterday's Dallas City Council "public comment time" on the new gas-drilling ordinance was well-attended by residents supporting the Plan Commission Draft. Over two dozen people spoke in favor of the CPC recommendations, including the 1500 foot setback, and/or stronger language for parks and flood plains. Murky statements by the Mayor about whether speaking this week would disqualify you from also having your say at next week's public hearing immediately prior to the final Council vote kept other residents from going to the podium.
True to whatever consultant's media training rule book they're following, industry representatives waited until they thought citizen testimony ended to make their condescending case that citizens were relying only on fear and didn't really understand the fracking process. The problem with this strategy is that you have to pretend the previous 45 minutes of citizen testimony never happened, since it's always replete with references to new scientific studies showing increased health harms from fracking, or another connection with earthquakes, or just strange foamy crap falling out of the sky into your yard from the rig down the street. It turns out the industry folks are the ones who don't really know the process.
And as fate would have it, citizens weren't through testifying. Right after telling the City Council how much West Dallas would lose out by not embracing fracking in its neighborhoods, up popped a West Dallas resident who said she wanted nothing to do with the industry, no matter how much money was involved. After another industry spokesman again said supporters of a stronger ordinance were just imagining harms they weren't really there, Sierra Club member Molly Rooke gave a devastatingly effective presentation on exactly how real harms to real people had forced her own group to acknowledge the dangers of gas pollution after initially endorsing natural gas as an entirely green fuel.
Unlike the staff briefing of two weeks ago, which allowed industry supporters on the Council to bloviate at will over what a crime it was to limit drilling in Big D, nobody behind the horseshoe did any talking except the Mayor, who was perfunctory in his opening and closing remarks and didn't give any clues as to his position on the CPC draft. According to Rawlings, it was his idea to have this "public comment time" prior to the final hearing so there wouldn't be the pile-up there was during the Trinity East vote, where you felt more like you were a cog in an assembly line instead of a citizen participating in one the small pageants of American democracy.
At the end of the meeting, Texas Campaign for the Environment members unfurled a banner urging Rawlings to "Be Strong," which was quickly confiscated by the City Hall Police Rapid Protest Response Team. Here's the Dallas Morning News' muted coverage of the event.
Because of the weather, Dallas Residents at Risk is waiting until next Monday to gin up a final push for passage of the Plan Commission draft going into Wednesday's final public hearing and vote beginning at 1 pm at City Hall. Please stay tuned for details about how you can express your public support and send a message to the Council to pass a strong ordinance. We know we sound like a broken record, but if you haven't sent a quick e-mail to the Mayor yet, you can click here and do so within a minute pretty painlessly. If you want a short explanation of what's going and what votes are where, you can read this previous post and get caught-up.
We have only a week to make sure our last year's worth of hard uphill slogging through corruption, double-dealing, and aggressively ignorant bureaucracies is not in vain. Please help us make it the last 1500 feet.
9 Days Until the End of the Dallas Gas Wars: What You Can Do
We only have 9 days to protect what it's taken us at least the last 12 months to build. The final Dallas City Council vote on a new gas drilling ordinance will take place on Wednesday, December 11th.
THIS WEDNESDAY – Tomorrow
December 4th
1 pm
Dallas City Council Mtg.
Dallas City Hall 6th Floor
Public Comment Being Taken on New Gas Drilling Ordinance
NEXT WEDNESDAY
December 11th
1 pm
Dallas City Council Mtg.
Dallas City Hall 6th Floor
Public hearing and VOTE on new Gas
Gas Drilling Ordinance
If you've come to City Hall on this issue recently, thank you, but we need you to show up again in the next two weeks and make sure our previous victories remain intact.
If you haven't shown up yet, or it's been a while, we really need some fresh faces to speak up and support the strongest ordinance we can get.
What's at Stake:
The 1500-foot buffer zone between drilling and compressor stations and neighborhoods.
This 1500-foot "setback" was supported by a 14-1 vote of the City Plan Commission in its recommendations to the City Council. It applies not only to gas drilling sites, but to large compressor stations too.
Flower Mound has a 1500-foot setback. The Lubbock Health Board has recommended a 1500-foot setback for that city. Denton has just voted for a 1200-foot setback.
Yet at least six city council members (Jerry Allen, Sheffe Kadane, Vonciel Hill, Tenell Atkins, Lee Kleinman, and Rick Callahan want to rollback that distance to allow drilling and compressor stations within just 1000 feet of neighborhoods and schools, and with "variances," as close as 500 feet.
Recently, old wells were activated in Denton that are as close as 600 feet to homes that were built since the leases were granted. According to press coverage last week, "residents in the Vintage neighborhood were not happy when they noticed "vibrations, noise and glare" about 600 feet from their homes…."
The disruption was so great that the City of Denton sued the gas drillers. "The actions of the Defendants are causing immediate and irreparable harm," the city's lawsuit said.
The Politics:
This is the kind of heavy industry these six city council members want to bring to Dallas neighborhoods, and they'll succeed if they can get Mayor Rawlings, Jennifer Gates and/or Dwaine Caraway to agree with them.
The rest of the council has made up its mind. It's the six backers of industry listed above vs. the six council members who voted to reject the Trinity East permits (Scott Griggs, Philip Kingston, Monica Alonzo, Adam Medrano, Sandy Greyson, and Carolyn Davis). Any motion needs 8 vote to win.
That's why these three Council members – Mayor Rawlings, Jennifer Gates, and Dwaine Caraway – will determine whether Dallas gets a more, or less protective gas drilling ordinance.
Mayor Rawlings has gone on record as opposing gas drilling in Dallas on principle. He's also gone on record saying he'd support the CPC recommendations. We need to make sure he keeps his word. He should be leading the charge for the most protective ordinance we can get.
Jennifer Gates ran on a platform of keeping drilling out of neighborhoods. We need to remind her of that and that she too needs to be leading the fight to keep the 1500 foot setback.
Dwaine Carway needs to be reminded that gas drilling is an environmental justice issue that will disproportionately hurt low income and minority areas of Dallas.
WHAT YOU CAN DO TO HELP:
1) Attend one or both of the next City Council meetings and ask the Council to pass the draft gas ordinance that the City Plan Commission recommended, including the 1500 foot setback.
2) If you haven't already, click here and send the Mayor a quick "click n' send" e-mail asking him to keep his word and support the Plan Commission recommendations iin total, including the 1500 foot setback. Please do this asap.
(We've added the e-mail addresses of both Jennifer Gates and Dwaine Carraway to the message to make sure they know how you feel.)
3) Contact Mayor Rawlings, Jennifer Gates and Dwaine Caraway on your own:
Mayor Rawlings
mike.rawlings@dallascityhall.com
Adam McGough, Chief of Staff
Phone: 214-670-7894
Dwaine Caraway
dwaine.caraway@dallascityhall.com,
214-670-0781
Jennifer Gates
Jennifer.gates@dallascityhall.com
Phone: 214-670-3816
4) Stay Tuned. They're more actions being planned leading up to the 11th so you can express your support for a strong ordinance. Keep on the lookout in your e-mailbox for alerts and on line here on the Downwinders' blog.
Scientific Support For a 1500-foot Setback
The 2012 Colorado School of Public Health study of cancer and non-cancer risks in the gas field, entitled "Human health risk assessment of air emissions from development of unconventional natural gas resources." This study concluded that residents living within a half-mile of a gas well had a 66% higher incidence of cancer than those living further away from a well.
The 2013 Emory University study found the risk of developing non-Hodgkin lymphoma increased among those living in proximity to facilities that release benzene. Natural gas facilities can release a lot of Benzene.
A 2012 report from Cornell University found that a mother's exposure to fracking before birth increases the overall prevalence of low birth weight by 25 percent.
Another 2012 Cornell University study that focused on animal health in the gas field concluded that reduced milk production, gastrointestinal, neurological, urological issues and sudden death are just a few of the symptoms experienced by livestock living near natural gas fracking sites.
Dr. Vikas Kapil of the National Center for Environmental Health at the U.S. Centers for Disease Control and Prevention gave a presentation in January 2012, saying "We do not have enough information to say with certainty whether shale gas drilling poses a threat to public health."
In addition, the Army Corp of Engineers recommends a distance of 3000 feet between structures like dams and levees and gas wells because of the danger of vibrations to structural integrity. If this distance is good enough for a dam, it's good enough to protect a home's foundation.
Know Your History
We've written about the founding of the modern environemental health movement at Love Canal, and the rise of housewife-to-hellraiser Lios Gibbs. As part of its "Retro Report" series of mini-films on past headline-making stories, the New York Times takes a look back and finds a continuing "Legacy of Doubt."
Something Wicked This Way Blows…..
Events like the gas pipeline explosion in Milford are graphic reminders of just how vulnerable our North Texas air shed is to pollution sources from Ellis County. Proximity, predominant wind patterns, and potential for disaster combine to make our Southern neighbor a constant threat.
On Thursday, one could see the plume of smoke stretch out south to north across the entire Metromess. It's a safe bet that not too many of the 6 million plus residents of greater DFW knew there was a town called Milford near them at the beginning of the day, but a lot of them had inhaled Milford soot by evening.
That would be the same soot that reporters keep reminding us "the EPA" says is "non-toxic," based on measurements. Except there is no such thing as non-toxic smoke from a combustion source, which the Milford explosion and fire most certainly was. All combustion produces soot, or Particulate Matter. According to the latest evidence from research scientists, there is no safe level of exposure to PM Pollution. That is, any amount of PM pollution can do human health damage. Even short-term exposure can lead to asthma attacks, heart attacks and strokes. How do we know this – the EPA tell us so on their own website.
Only a couple of years ago, the Magnablend fire in Waxahachie poured its own plume of "non-toxic" smoke into DFW skies, despite the incineration of a large variety of chemicals used in the oil and gas industry. You might remember the water run-off from fighting that fire went into a creek and killed a lot of fish. But don't worry, that same stuff in your lungs is nothing to worry about. Perfectly natural to be able to see what your breathing.
Perhaps the most spectacular modern reminder of how close Ellis County is to us in air miles came back in 1995 when a Midlothian-based tire dump, called…wait for it…."Safe Tire Disposal Company" that was actually a collection site for the nearby cement plant tire-burning operation caught fire its own self.
There are fires, and then there are tire fires. They burn extremely hot, produce a lot of that "non-toxic" smoke, and can keep going for days. And that's exactly what happened in Midlothian. The predominant southerly winds carried all that dark dense smoke right into Downtown Dallas, where it surrounded and engulfed whole office buildings.
Timing is everything and so it was with the Safe Tire Fire. It happened at the exact moment when local citizens were engaged in very public debate with state and local officials over whether air pollution from the three large cement plants in Midlothian (two of which were burning tires) could impact air quality in DFW. You read that correctly. In 1995, citizens were still trying to make the case that millions of pounds of air pollution released just across the Dallas and Tarrant County lines could possibly have a negative impact on metropolitan smog levels. And it was an uphill fight. Officially, there was no confirmation of the impact of these facilities. The DFW air plan stopped at the County Line. Unofficially, you could see the cement plant smokestacks as you drove I-20 across Grand Prairie and Arlington.
When those tires went up in smoke, so did the arguments being used to downplay the impact of Ellis County pollution. It was like adding a dark black dye to the North Texas air flow, beginning in Midlothian, and watching it be carried downstream/downwind right into the heart of downtown Dallas. It was the most defiant demonstration of the citizen's arguments one could imagine. After that, it was a lot easier for everyone to understand Midlothian was only a breeze away from their lungs.
With yet another fire in Ellis County setting off yet another dark, thick plume of smoke that wafts into DFW, we get a reminder of how much closer together the air brings us. Only about half an hour or so away from Milford, a little bit further south, is a new belt of natural gas compressors churning out voluminous amounts of air pollution that's being blown in the same direction as the smoke from that gas pipeline explosion. Unlike that smoke, pollution from these facilities will keep being released 24/7 for the foreseeable future. Add up all this new compressor pollution and it could rival the impact of a new coal plant – just upwind of us. Just because you can't see it doesn't mean it's not having an impact.
Once again, the state's position is that this pollution is no big deal. Once again, citizens are disagreeing. Who would you put your money on?
Downwinders Had A Good Day in Court Battling EPA Over Cement Plant Rules
Downwinders has been trying to get new emission limits for cement plants since the mid-1990's. We're still trying.
The first real reform in those rules during the Clinton Administration were pathetically inadequate. Downwinders and other groups assisted by DC-based Earth Justice sued to get them strengthened. We won. When new rules finally emerged from EPA in 2009, they were much better. Many of you came out to the historic national hearing at the DFW Airport hotel to testify in favor of them.
These rules were on their way to being signed by President Obama when they got hijacked by industry at their stop at the Office of Management and Budget, which must review all new regulations. When they emerged, they were unrecognizable in many ways, with deadlines pushed back by years and the important Particulate Matter standard being significantly weakened.
Once again, we're back in court trying to get these watered down rules thrown out. Last week, the DC appeals court that usually takes up federal regulatory fights heard oral arguments from both sides, and even the Republican judges on the panel were skeptical of the Administration's rewrite job.
Reprinted in full below is an inside-the-Beltway account of the proceedings that gives you some idea of what's at stake and what a good day citizens and their representatives enjoyed in court. No date on when to expect a ruling. Even then, if we win, the rules go back to EPA to be rewritten again, albeit with more judicial constraint…theoretically at least.
Judges seem skeptical of EPA claims in cement emissions case
Jeremy P. Jacobs, E&E reporter
Published: Thursday, October 24, 2013
Public health advocates argued in court today that U.S. EPA unlawfully weakened and delayed air standards for cement manufacturers, appearing to gain some traction with a panel of federal appellate judges.
The Natural Resources Defense Council contends EPA caved to industry pressure when it revised its National Emission Standards for Hazardous Air Pollutants, or NESHAP, for portland cement kilns and pushed back its compliance date by two years.
EPA's standards apply to several pollutants, including particulate matter, mercury and other acid gases. The agency revised the particulate matter standard after a court ruling in 2011, but advocates claim the agency did more than the ruling required.
James Pew of Earthjustice, representing the NRDC, told the U.S. Court of Appeals for the District of Columbia Circuit that EPA "gratuitously weakened the particulate matter standard" and violated the "plain and literal meaning" of the Clean Air Act.
Further, he said, many of the issues EPA addressed with its changes "didn't come up" in the previous case.
The cement NESHAP has long been the subject of controversy and litigation.
The kilns are one of the top sources of man-made mercury emissions in the United States. Public health advocates forced EPA to set the standards in a 2010 lawsuit, and when the agency issued the standards later that year it said they would prevent 960 to 2,500 deaths per year.
Industry, however, quickly challenged the standards at the D.C. Circuit. In December 2011, the court ordered EPA to reconsider the standards by taking commercial incinerators that burn solid waste out of its calculations. However, the court largely left the standards in place, including their 2013 compliance deadline (E&ENews PM, Dec. 9, 2011).
When EPA recalculated the standard for particulate matter, the advocates claim the agency made it less stringent. Additionally, EPA reached a settlement with the portland cement industry to delay compliance to September 2015 for all pollutants — not just particulate matter (Greenwire, Dec. 7, 2012).
Public health advocates challenged both actions, as well as a shift from continuous monitoring to one-time annual stack testing for compliance — which also changed the particulate matter standard. The environmentalists also question the standard's inclusion of an "affirmative defense" that protects kilns from citizen lawsuits if they violate the standards during an unavoidable malfunction.
Each issue came up today before a three-judge panel, which included two judges who are considered potential future Supreme Court nominees. The panel appeared receptive to some of the advocates' arguments but not to others.
For example, Judge Brett Kavanaugh, one of the country's leading conservative jurists, appeared skeptical of EPA's decision to delay standards for mercury and other gases to 2015, even though the Clean Air Act says standards must take effect within three years. The 2010 standards for those pollutants, which weren't affected by the D.C. Circuit ruling in 2011, should be in effect now.
"I don't understand," said Kavanaugh, a Republican appointee. "I need help. I don't understand the interrelatedness."
Further, Senior Judge Harry Edwards, a Democratic appointee, said EPA could have easily linked the standards by saying it wasn't "practicable" to meet some without meeting the others. But EPA, Edwards said, never made that argument in the rulemaking.
"I'm really not following this," Edwards said. "Where does the agency make the finding … that compliance couldn't be done practicably?"
Matthew Oakes of the Department of Justice, representing EPA, countered that all the standards are related because the pollution control technology required to limit particulate matter also controls emissions of mercury and other gases. Therefore, it didn't make sense to require kilns to install technology for mercury, for example, before it knew the final particulate matter standard, he said.
That argument was echoed by Carter Phillips of Sidley Austin LLP, representing the cement industry, which intervened in the case.
"You cannot implement any of them in a one-off system," he said.
It was unclear which way the judges were leaning with regard to the advocates' arguments surrounding the particulate matter standard itself. But they appeared receptive to their challenge to EPA's affirmative defense.
Oakes argued that the advocates lacked standing to challenge the affirmative defense, meaning they had failed to prove how they would be injured by it. That notion was flatly rejected by the panel, which said the defense would allow kilns to, at times, exceed the standards, which would harm human health. Therefore, the advocates have grounds to bring the lawsuit, the judges said.
The panel was also skeptical of EPA's arguments on the substantive issue of whether EPA could create the affirmative defense in the first place. Judge Srikanth Srinivasan, President Obama's first appointee to the D.C. Circuit and a leading liberal judge, contended that the Clean Air Act didn't grant EPA that ability.
"This authority wasn't delegated to the EPA to begin with," he said.
Study: Low Levels Of Incinerator Pollution Linked to Premature Births
A new study being published in the November issue of Epidemiology concludes that even low levels of pollution from solid waste incinerators causes an increase in premature births downwind.
Italian researchers examined over 21,000 births to women living within four kilometers of one of eight solid waste incinerators operating in the Emilia-Romagna region.
"Each newborn was georeferenced and characterized by a specific level of exposure to incinerator emissions, categorized in quintiles of PM10, and other sources of pollution (NOx quartiles), evaluated by means of ADMS-Urban system dispersion models. We ran logistic regression models for each outcome, adjusting for exposure to other pollution sources and maternal covariates.
Preterm delivery increased with increasing exposure….A similar trend was observed for very preterm babies. Several sensitivity analyses did not alter these results. Maternal exposure to incinerator emissions, even at very low levels, was associated with preterm delivery"
Now, you can reassure yourself that we have no single-purpose solid waste incinerators around these parts the way they do on he East Coast or Midwest, so we don't have to worry about this kind of threat. But that's not entirely accurate.
We do have solid waste incinerators in North Texas, they're just called cement kilns. And we have more incinerator capacity than anyone else in the country when it comes to cement kilns.
And, as it turns out, these cement kilns are expanding their lists of available "fuel" to include solid wastes, as well as coal – medical, municipal, and "hard to burn" plastics, as well as car parts, shingles and carpet remains. It's all part of the new wonderful world of commercial garbage burning. If the kilns happen to make some money in the process of turning themselves into under-regulated incinerators, well, all the better for their operators.
For example, and try not to throw up, in the Philippines, the local cement plant is marketing the burning of "Holcimables." What are "Holcimables" you ask? They're "plastics – styrofoam, sando bags, cellophanes and foil packs – textile and rubber." Yes, the same company that operates a cement kiln in North Texas is burning styrofoam in the name of environmental-friendliness in the Philippines. You can bet the Italian incinerators included in this new study were burning some of the same kinds of wastes with the same ingredients.
Burning stuff is bad, whether it's in an incinerator or a cement kiln. And industry is making it very hard to tell the difference.
Study Reveals Cancer Hot Spots Downwind of Canadian Oil and Gas Processing Centers
On the heels of the World Health Organization declaring air pollution a carcinogen, a study published this week from the University of California-Irvine and University of Michigan found higher levels of specific carcinogens in communities downwind of Canadian "oil, gas and tar sands processing zones", and higher rates of Luekemia and non-Hodgkin’s lymphoma among men living in those downwind communities.
Despite their rural location, the recorded levels of the carcinogens, including 1,3-butadiene and benzene, were higher than in some of the world's most polluted cities. Examining area health records that went back a decade showed the number of men with leukemia and non-Hodgkin’s lymphoma was greater in the communities closest to the pollution plumes.
The authors strongly recommended that the industrial emissions be decreased to protect both workers and nearby residents.
“Our study was designed to test what kinds of concentrations could be encountered on the ground during a random visit downwind of various facilities. We’re seeing elevated levels of carcinogens and other gases in the same area where we’re seeing excess cancers known to be caused by these chemicals,” said UC Irvine chemist Isobel Simpson, lead author of the paper in Atmospheric Environment. “Our main point is that it would be good to proactively lower these emissions of known carcinogens. You can study it and study it, but at some point you just have to say, ‘Let’s reduce it.’
Co-author Stuart Batterman, a University of Michigan professor of environmental health sciences, agreed: “These levels, found over a broad area, are clearly associated with industrial emissions. They also are evidence of major regulatory gaps in monitoring and controlling such emissions and in public health surveillance.”
Dr. Batterman is familiar to Downwinders old timers as being the first scientist to take on the state's laughable "Health Risk Assessment" of TXI's burning of hazardous waste at it Midlothian cement plant. In what became known simply as the "Batterman Report," his mid-1990's critique of the official document was devastating in its scope and depth. It became a template on how to deconstruct any TCEQ attempt to gloss over the dangers of living downwind of a large polluter.
In this new study, Dr. Batterman and his colleagues monitored emissions in the rural Fort Saskatchewan area downwind of major refineries, chemical manufacturers and tar sands processors owned by BP, Dow, Shell and other companies in the so-called “Industrial Heartland” of Alberta. Taking random one-minute samples in 2008, 2010 and 2012, the results were very similar over time – amounts of some of the most dangerous Volatile Organic Compounds were 6,000 times higher than normal. Higher than in Mexico City during the 1990s or in the still polluted Houston-Galveston area.
Simpson said the findings were important for other residential areas downwind of refineries and chemical manufacturers, including parts of Los Angeles.
“For any community downwind of heavy industrial activity, I would say it’s certainly prudent to conduct surveys of both air quality – especially carcinogens – and human health."
Cement Plants and Gas Plays Affecting Ozone Levels In….San Antonio?
For decades DFW was the only major urban area in Texas to have its air quality challenged by the cement industry. Repeated modeling over the course of the last several local air plans showed that the concentration of the plumes from three huge cement plants in Midlothian could increase downwind ozone levels significantly. Part of this is the voluminous emissions produced by the kilns and part of it's location, location, location – the close proximity of these cement plants to the center of DFW. So much so that you can see their smokestacks from I-20 in Grand Prairie and Arlington.
Then beginning in 2006 or so, the area's air shed began to be reshaped by the presence of gas production facilities as the Barnett Shale was opened up to exploitation from fracking, a process freshly exempted from just about every federal environmental regulation with passage of the 2005 Energy Act. But unlike large "stationary sources" like cement plants, these gas facilities were spread out over a large area, right in the middle of the Metromess, and were except from the "off-set" requirements of other large polluters. Even though their collective emissions were as large or larger than any other single industrial source, their decentralization allowed their operators to release their tons of pollution into the air without ever having to consider its impact on local smog levels.
That one-two punch of local industrial pollution flies in the face of the office park business image of DFW. Houston has traditionally been the city where industry has made it harder to breathe. In North Texas, it's supposed to be all about cars and trucks. But those cars and trucks lay a mostly uniform blanket of ozone over the entire area, whereas the gas production facilities and the cement plants are concentrated fire hoses of smog-forming pollution that can impact specific monitors over and over again.
And all of this has taken place during a time when the official federal ozone standard has been a relatively high 85 parts per billion. Beginning in 2015, the standard becomes 75 ppb, and it might drop to 65-70 by 2020.
Texas cities like Austin and San Antonio have had little problem complying with the higher standard, but now face obstacles to coming in under the wire of a 75 ppb rule.
For one thing, the only other large concentration of cement plants in Texas besides Midlothian is located along the I-35 corridor from Buda, south of Austin to North San Antonio. Because prevailing winds have often carried the pollution from these plants away from central Austin or San Antonio, they haven't been seen as much of a threat. But now urbanization is increasingly creeping westward into the downwind path of these plumes, adding some heft to the emissions and combining with them to elevate ozone levels.
And then there's the Eagle Ford Shale gas play, the new Wild West of fracking in Texas, taking place directly upwind of central San Antonio. Unlike the urban drilling in the Barnett Shale, most of the activity in the Eagle Ford is taking place in unincorporated parts of South Texas counties. There haven't been any reliable emissions inventory of the pollution coming out of he Eagle Ford, but it's considerable. Anecdotally, there seems to be a lot of flaring that DFW never saw. Because of the amount of production taking place, as well as its location upwind during the summer "Ozone Season," Central Texas is starting to sweat about its impact on its own air quality.
That concern has prompted a regional modeling exercise which is supposed to determine how much, if any, impact the drilling in the Eagle Ford is having on the Alamo City's air. Back in July, we reported that the preliminary numbers of this study showed that gas production was capable raising local ozone levels by as much as 3 to 7 parts per billion by 2018 – exactly when all Texas cities must be in compliance with the new 75 ppb standard.
Maybe 3-7 ppb doesn't seem like much. And it isn't, unless you're already at or above the new 75 ppb standard and that amount will put and keep you over that red line. Like San Antonio in 2013. The July headline in the San Antonio paper was unambiguous: "Eagle Ford drilling is polluting San Antonio's air"
But it looks like someone at the San Antonio Council of Governments is taking a page from DFW and TCEQ officials and downplaying those preliminary numbers from last summer.
Previous studies show that emissions of ozone-forming chemicals from sources other than drilling have dropped significantly since 2007 despite the city's population growth, said Steven Smeltzer, AACOG's environmental manager. Smeltzer attributes the improvement to new vehicle standards and voluntary reductions by local industries.
Preliminary numbers from the AACOG study also indicate that much of the problem lies in the Eagle Ford. InsideClimate News obtained a copy of the data, which have not been made public. The data show that during the months when San Antonio experiences the highest ozone levels—April through October—oil and gas development produced about half the amount of ozone-forming emissions per day as all other industrial sources combined.
Bella said the data came from an early version of the study that wasn't as thorough as later drafts. "My sense is they're really not worth using…They're not solid numbers."
He declined to comment on whether the numbers are close to the latest estimates. What matters isn't the number, he said, but the process behind the study. If the science isn't right, then it's "garbage in, garbage out."
Yeah, we know. Believe it or not, citizens had to literally force the TCEQ to consider the effect of the pollution from Midlothian cement plants before they discovered, wow, they really do have an impact. Likewise, it took Dr. Al Armendariz's 2009 study of Barnett Shale pollution for the state to even consider local gas sources might be a contributing factor to the DFW smog problem – although TCEQ officials are still doing their best to deny it. The largest purveyor of junk science in Texas is the Texas Commission on Environmental Quality. Remember that in 2012, TCEQ's computer model told us to expect the lowest level of smog ever recorded in DFW. Instead we got the highest levels recorded since 2008 or so. So yeah, GIGO.
That's why it's disappointing to see the Council of Government official try to use the same strategy with this new study – whose final edits will be made by TCEQ, not an independent entity. Just like with TCEQ's Wednesday's ruling against 7000 Dallas County doctors that said there's no link between smog and public health, Rick Perry's agency can't afford to admit the state's gas plays are making the state's air illegal and unsafe.
Like San Antonio, almost every other category of pollution in DFW has decreased over the last 6 years – except gas industry pollution. It's the one category of emissions that's grown and grown and grown – to the point where the state itself admitted that the industry was releasing more smog-forming Volatile Organic Compounds than all the trucks and cars on the road in North Texas. As DFW continues to linger in violation of an almost 20-year old obsolete ozone standard, it's the gas industry that is the logical culprit for the backsliding. It's the one variable that's going the opposite direction as all the others. But despite the overwhelming evidence to the contary TCEQ is busy defending the Shale from any charges that it has the least bit of impact on area smog, even to the point of ignoring basic air modeling chemistry.
San Antonio officials may want to deny the link between the Eagle Ford and smog in their city, may want to down play it, and they'll have plenty of rhetorical help from Austin. But when it comes to TCEQ rhetoric versus the real world, the monitors in the field tell the tale. Negligence doesn't make your air cleaner.
Poultry Expert to Doctors: You’re Wrong, Ozone Doesn’t Cause Asthma
Feigning allegiance to some sort of science the scientists themselves don't use, the Texas Commission on Environmental Quality rejected a petition by the Dallas County Medical Society to put new pollution control equipment on three large coal power plants upwind of DFW, saying there's no real conclusive evidence that smog causes respiratory problems like asthma.
It may come as a surprise to newcomers, but the largest state environmental agency in the U.S. has never recognized a connection between ozone pollution, or smog, and respiratory problems. Austin has fought the implementation of every new ozone standard ever proposed by EPA and played down any causal link suggested by recent studies. If you want to know what's behind the current push in the US House of Representatives to discredit the historical "6-Cities Study" – the basis for the original connection between smog and public health, look no further than the Texas Commission on Environmental Quality, where such mainstream science has never been accepted. It's not in industry's interest, or the pro-industry-constantly-running-for-something Governor, whose fingerprints so besmirch the TCEQ these days, even new file clerk positions are considered ideological appointments.
TCEQ Chairman Bryan W. Shaw said studies suggest that cutting ozone alone might not prevent asthma attacks.
“I’m convinced that it doesn’t make sense to get ahead of the science,” Shaw said. He later added, “I don’t want there to be this knee-jerk reaction.”
Commissioner Toby Baker said asthma has “a wealth of confounding factors.” To assume that a correlation between high ozone and asthma hospitalizations means ozone causes asthma is “frankly irresponsible,” Baker said.
That would be Bryan Shaw, A&M Poultry Science major, and Toby Baker, A&M Public Administration major. Both of them have the same amount of expertise in medicine and public health, which is to say none. But that doesn't stop them from discounting the doctor's own experience with layers of condescension.
“We’re still seeing harm to our patients on high ozone days,” Dr. Robert Haley, a professor at UT-Southwestern Medical Center, told the commissioners. “The fact remains that the Dallas-Fort Worth area has among the worst ozone levels in the nation, Dr. Robert Haley, a professor at UT-Southwestern Medical Center, told the commissioners.“
But the Commissioners had an answer for that concern too: just wait for our next DFW clean air plan! In 2015! To address smog problems that don't worry us at all! That will be just as effective as the last one! Which ended with higher ozone levels than when it started! Which is why we definitely do not need to better control the air pollution from big, obsolete coal plants!
See how that little bit of misdirection works?
The only way DFW will ever see real clean air progress while Rick Perry's TCEQ is in charge is if local governments do it on their own. No amount of professional public health concern is enough to outweigh the total Rick Perryization of the agency. Not even when it comes from 7000 Dallas County doctors.
Meanwhile, good on Public Citizen, Dr. Haley, and the Dallas Medical Society for creating the most high-profile intervention to date into DFW air pollution politics by the local medical community. And we'll hold Haley to his promise that the group is going to "continue to push for cleaner air," because folks could sure use the help – and not just with East Texas coal plants. Soon they'll be meetings of the North Texas Clean Air Steering Committee to discuss that next TCEQ air plan for DFW. It's a local air policy committee with no health professional as a member. Perhaps The Dallas Medical Society would like a seat?
And on Thursday November 7th, the EPA is hosting what it calls a "listening session" on proposed new rules for carbon emissions from all power plants including the East Texas coal-powered ones, at the downtown Dallas Library from 10 am to 3 pm. Implementing these rules would most likely internalize too many of the costs that are being absorbed by the environment now for these dinosaurs to keep operating profitably. So even though the docs lost the battle in Austin on Wednesday, the war is still capable of being won. Stay tuned.