TCEQ
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?
Can You Hear Me Now? EPA’s National “Listening Session” on New Coal Carbon Pollution Rules This Thursday
Many of you have already seen the increasingly urgent pleas from the usual suspects for people to show up at this Thursday's national EPA "Listening Session" on new emission standards for Greenhouse Gas pollution. Try to ignore the New Age-by-way-of-George-Orwell alternative name for a public hearing, and the industry-friendly "listening" schedule of 10 am to 3 pm, and concentrate on the fact this is one of only a handful of such sessions taking place nationwide, and it's in Texas, our Texas.
Like it or not, public health-minded residents of DFW have the burden of showing up to national hearings like this just to prove we exist. Nobody expects there to be an viable environmental movement in the Belly of the Beast, especially outside Austin. However hard we work to change that image, it's still a popular one and in this case, it hits entirely too close to home. Because Texas is the world capitol for carbon pollution. We're Numero Uno, A Number 1. We're living in the barrel of the gun that's pointed right at the planet's head.
EPA recently reported that Texas released more GHG pollution in 2012 than the next two states – Indiana and Pennsylvania – combined. We're responsible for a full 12.5 % of the entire US annual total, almost 400 million metric tons of the stuff, ever year. Just take a look at the difference between us and the other 49.
Then use this handy-dandy EPA map of incredibly large sources of GHG pollution in the US. It allows you to zoom down to what's in each county of each state. Look at all the sources around DFW. Most are also large sources of other kinds of pollution. We're living in a sea of pollution created by these facilities.
So when EPA decides to schedule its one and only listening session in Texas on new rules to reduce this kind of pollution from some of the biggest sources in our own backyard, we need to show up because we're a disproportionate part of the problem.
We also need to be there because industry will be there, in force. The old TXU really wants to keep its obsolete, lignite-burning East and Central Texas coal plants running without any of these modern pollution control contraptions. Doesn't matter if they're aimed at Particulate Matter, or smog-forming pollution or GHGs, they just don't want them. You can bet they'll be bringing in folks from those coal plants to say what a terrible economic cost it would impose on the host communities and the company, and how it'll put the entire statewide grid in peril.
Someone has to be there to balance that testimony by pointing out that the economic, public health, and environmental impacts of this pollution reach far beyond Limestone County, Texas or even the US, and need to be considered on the agency's balance sheet as well.
Every yahoo with Americans for Prosperity, or other industry astroturf groups will be there because these kinds of national forums to bash Obama's energy policies are what they live for – and it's the only thin they do halfway competently. Likewise for the industry-aligned Freedom Works branch of the Tea Party.
And does someone want to start an office pool on how many Republican primary candidates will be appearing, trying to outflank each other on their Right? Expect to see and hear a lot about "Obama's War Against Coal" on Thursday. It's Texas.
Which is why even if you're not a fan of this Administration, you have to recognize that the first attempt to regulate greenhouse gases from coal plants should be encouraged, in Texas. It's a foot in the door to do more effective things, to start talking about GHG regulations in a serious way. It establishes a precedent. And that is what industry fears the most. You don't have to like the EPA to understand that the enemy of your enemy is your friend in this fight. And did we mention it's in Texas?
Finally, we just emerged from an ozone season that was mild by recent standards – but still harsh enough to keep us in violation of the old 1997 smog standard. We know the East and Central Texas power plants contribute to DFW's air quality problems. These new carbon regulations EPA is considering for existing power plants have the potential to reduce a variety of air pollution, not just GHGs. We know Austin and TCEQ are going to be of no help in addressing these sources in the next DFW clean air plan. If reductions are going to happen, they're going to have to be driven by the EPA, local governments, or the marketplace. We can't let this opportunity for meaningful reductions and better air pass us by. If for no other reason, you need to show up on Thursday and say you support the EPA's regulation of these facilities because you've given up on Texas doing so.
For lots of reason, it's in your own self interest to attend this thing, even if you real passion is gas field pollution, or smog, or cement plants or whatever. A victory in this category of regulation is a victory for all of us involved in clean air issues. And it's Texas.
National EPA "listening session" on carbon limits for existing coal plants
THIS Thursday, November 7, 10:00 a.m. to 3:00 p.m.
1st Floor Auditorium, J. Erik Jonsson Dallas Central Library, 1515 Young Street, Dallas, TX (map)
2013 DFW Smog Report: Failure….Again
(Dallas)— On the eve of constructing yet another DFW clean air plan, the 2013 Ozone Season ended on Thursday the same way the previous 16 have ended: with North Texas out of compliance with the 1997 federal clean air standard.
Even a mild summer with lower temperatures and more rain couldn't save the numbers from exceeding an illegal three-year running average of 85 parts per billion at monitors in Keller and Grapevine.
According to Jim Schermbeck with the clean air group Downwinders at Risk, what makes this year’s violation particularly troublesome is that the 1997 standard has been replaced with a more protective one that's 10 ppb lower. “For the next DFW air plan to succeed, it will have to reduce smog to levels that no DFW monitors have ever recorded. I don’t know anyone outside of Austin who thinks the state is up to that task.”
That new plan has its official kick-off event next Tuesday, November 5th, beginning at 9am in Arlington at the Council of Governments Headquarters. It's the first briefing from the Texas Commission on Environmental Quality on the computer model it will be using to base the plan on. Everything about one of these plans is based on such a computer model, a model only the state can run. The plan must be submitted to EPA by June of 2015.
Even though extremely high ozone numbers were rarer this year, there were enough bad air days to cause the running averages of 10 out of 17 monitors, called "design values" to rise – not the kind of trend you want when you're next task is complying with a tougher standard.
Schermbeck was particularly concerned about a monitor near Mockingbird and I-35 in Central Dallas that’s seen its ozone average rise dramatically for three years in a row. “This is a monitor that had a "design value" of 67 parts per billion in 2010 – that is, it was in compliance with the new 75 ppb standard just three years ago. But now it’s up to 84 ppb and almost out of compliance with the 1997 standard. That's quite an increase in three years, and in a place where smog hasn’t been a problem for awhile.”
Every monitor inside the DFW metro area and even most "rural" monitors had a design value above the new standard of 75 ppb. Only Kaufman and Greenville made it under the wire, barely, with readings of 74 ppb.
As usual, the worst ozone levels were found in the northwest quadrant of the DFW area. This is a well-known historical pattern caused by the predominant southeast to northwest winds that blow pollution from the coast up through the coal and gas patches of East and Central Texas, over the Midlothian Industrial Complex and North Texas central urban cores into Northwest Tarrant Wise and Denton counties
This pattern has been the target of the last three state clean air plans, but has never been overcome. Schermbeck noted that last clean air plan to make a dent was the 2006 effort that produced lower numbers in steady fashion. Since 2008 however, air quality that was supposed to be getting better has gotten worse, or stagnated.
While cars have gotten cleaner during this time, and pollution from cement and coal plants has been reduced, there's one "source category" of pollution that's increased significantly since 2008: the gas industry.
In submitting the last DFW air plan to EPA in 2011, the Texas Commission on Environmental Quality estimated there were more tons of smog-forming Volatile Organic Compounds being released by the gas industry in the official DFW "non-attainment area" than by all the cars and trucks on the road combined. That wasn't true in 2008.
Moreover, this is new air pollution in a smog non-attainment area that doesn't have to be off-set by reductions in pollution elsewhere in DFW. Unlike every other large industry, the gas industry is exempt from this offset requirement of the Clean Air Act.
Denton's Airport monitor's 4th highest reading of 85 ppb this summer, the one that officially counts toward its running average, was the highest such reading in the entire state, including Houston.
There's no doubt Denton is in the middle of the local gas patch, as are the Keller and Grapevine monitors that had the highest design values this year. Given the decreases in pollution from other categories, are gas patch emissions keeping these numbers from coming down they way they were supposed to? Austin keeps saying no, but the evidence is compelling.
Just last year there was a study out of Houston showing how a single flare or compressor station could significantly impact local ozone levels by as much as 5 or 10 ppbs. TCEQ itself just produced a study this last summer showing how Eagle Ford Shale gas pollution is increasing ozone levels in San Antonio.
Local Barnett Shale gas pollution might explain these Tarrant and Denton county monitors' problems, but they don't explain the rise in numbers of the Dallas monitors, since the wind during ozone season comes in from the south to southeast.
What new pollution is coming from that direction? Gas industry pollution from numerous compressor stations and processing plants stations in Freestone, Anderson, Limestone and other counties just about 90 to 100 miles south-southeast of Dallas. If one adds up all the emissions these facilities are allowed under their "standard permits." it exceeds the pollution from coal plants like Big Brown. That's a huge hit from sources that weren't there 10 years ago.
In effect, DFW is getting squeezed between gas pollution being produced in the middle of its urban areas, and gas pollution blowing in from the south.
“Officials with Rick Perry's TCEQ would rather drink lye than admit gas pollution is causing smog problems for DFW” says Schermbeck, “but such an admission might be the only way to bring DFW into compliance with the Clean Air Act.”
“This is why local DFW municipal and county governments serious about air quality must divorce themselves from Austin's politicized science and begin to seek their own solutions. Austin really isn't interested in solving DFWs chronic smog problems. Heck, the Commissioners who run TCEQ don't even believe smog IS a health problem.”
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.
Your Tax Dollars at Work: TCEQ Argues Air IS NOT a Natural Resource
So this is how ideological things have become at the Texas Commission for Environmental Quality. Even though the agency won a fight in court to keep a group of parents represented by the Texas Environmental Law Center from being able to sue the state for not regulating Greenhouse Gases, TCEQ lawyers are working overtime to make the judge in the case retract this statement:
“The Court will find that the Commission’s conclusion, that the public trust doctrine is exclusively limited to the conservation of water, is legally invalid. The doctrine includes all natural resources of the State."
To the untrained eye, this might seem a pretty innocuous piece of prose. Water, air, land, these are pretty much the very definition of "natural resources." But them are fightin' words to Rick Perry's environmental watchdogs. Concede this point to the hippies, and there's a slippery slope leading all the way down to effective regulation and supervision of airborne threats to the public health. Unacceptable.
You see under state law, only water is legally treated as a natural resource in Texas, subject to what's called the "public trust doctrine," which requires government to protect and maintain certain shared resources fundamental for human existence.
TCEQ lawyers are saying air just isn't so fundamental to humans as the wet stuff, although the last time we checked, most people could only last 2 to 5 minutes without it.
State lawyers late last month argued in front of the Texas Third Court of Appeals that Judge Triana’s comments were beyond the scope of the case and should be vacated.
Terry Clawson, an agency spokesman, said….“The T.C.E.Q. has concerns with how the district court opinion addressed the matter of public trust doctrine,” Mr. Clawson added. “The scope of this doctrine is a very important issue, which deserves to be fully vetted.”
The agency complained to the court that Judge Triana’s statements were seen by the plaintiffs “as a victory,” even noting that environmental groups had called her ruling “a blockbuster” for their cause in news releases.
But David Spence, a professor of business and law at the University of Texas at Austin, said the scope of public trust was more symbolic than practical.
“In a sense it’s a kind of low-stakes argument,” Mr. Spence said. “The public trust doctrine in the U.S. is a fairly weak thing.”
Each state applies the principle differently, and few have used it with much force. The doctrine has generally been successful only at protecting open beaches for public use, Mr. Spence said.
So which is it – practical or symbolic? For both citizens and the TCEQ, the two are one in the same. Rick Perry's appointees cannot afford to let citizens get their foot in the legal door to establish a principle that may result in one day overriding their own authority, however abstract it appears that threat is now.
Likewise, in a state government as hostile to citizen concerns as this one, what do you have to lose in trying to establish a, er, beachhead, in terms of seeing safe and legal air as a finite "natural resource" that should be protected? Indeed, one of TCEQ's predecessor's names was the Texas Natural Resources Conservation Commission. It regulated air pollution in Texas – presumably because it was a Natural Resource. This "Hail Mary!" legal strategy seems at least as effective as going down to Austin every two years expecting things to get better.
The appeals court is expected to rule soon. It could remove the statement entirely from the record the way TCEQ wants, or merely say is a statement and not a legal precedent, which is what even the plaintiff's lawyers expect. Stay tuned.
Expert: Clean-Up at Frisco Lead Smelter Site Should Be 100x Stricter
(Frisco) — Representatives of local groups that were instrumental in shutting down the ill-fated Exide lead smelter in Frisco say the company is now using the wrong environmental standard to direct the clean-up of the facility and surrounding property.
Their primary source is testimony from an Austin engineer hired by the City of Frisco that says the smelter decontamination should be governed by toxic contamination standards that are 100 times stricter than the ones currently being used.
"Based on evidence already in the record and cited by the City's new expert, its clear that Exide is trying to get away with a cheaper, less protective clean-up than the Agency's own regulations demand," said Colette McCadden, the Chair of Frisco Unleaded, the citizens group that campaigned for almost a year to successfully close the last secondary lead smelter in Texas.
She referred to testimony submitted by Austin-based engineer William Wheatley in July on behalf of the City of Frisco for Exide's bankruptcy proceedings. In it, the former Director of the Waste Permits Division for the Texas Commission on Environmental Quality (TCEQ), concludes that the company is erroneously using a less-protective classification for categorizing the groundwater running underneath the smelter site.
That classification is the basis of all decontamination and closure efforts at Exide, including how to deal with a still-active landfill full of lead waste.
In his testimony, Wheatley explains what this mistake means in practical terms when it comes to cleaning up lead contamination at the site:
"Exide is operating under the assumption that a Class 3 groundwater designation will be approved and, as a result, that remedial action levels for soils at the site will be less stringent (in most cases, soil action levels based on Class3 groundwater would be 100 times the levels that would be required for Class 2 groundwater).
It is my opinion that existing information clearly demonstrates the groundwater at the site is Class 2 and significantly more stringent action levels are therefore appropriate and necessary."
Jim Schermbeck, Director of the clean air group Downwinders At Risk accused Exide of purposely trying to get by with a cheaper clean-up in Frisco because it's already bankrupt. He applauded the City for hiring an independent expert who could provide oversight of the company's claims, and double-check the state's assertions as well.
"The city is finally providing a much needed second opinion on the way Exide is conducting its clean-up of the smelter site. We hope it listens to its own expert and demands a clean-up that's 100 times better than it has been to date."
At issue is whether there's sufficient groundwater flow underneath the smelter site to categorize it as a Class 2 or Class 3 groundwater resource under state rules.
If a well produces more than 150 gallons of water a day, then it's a Class 2 resource. Below that number and it's a Class 3.
The difference is not only a soil clean-up standard that's 100 times stricter, it also means more work for Exide in cleaning up existing groundwater contamination that's not acceptable when the higher standard is applied.
Wheatley doesn't mince words in calling out the company's mistake, stating,
"(Exide's engineering consultants) concluded that groundwater at the site is not impacted. However, as discussed below, that conclusion is based in part on the characterization of the uppermost groundwater bearing unit as a "Class 3" groundwater resourceIt is my opinion that a "Class 3"designation is unsubstantiated and technically incorrect based on currently available information which clearly indicates that the groundwater is a 'Class 2' resource."
Frisco Unleaded and Downwinders both used Wheatley's report for the City to request that the state reject Exide's planned remediation of its active landfill in official comments that were submitted last Friday because, they said, that plan is based on the wrong groundwater classification.
After a swift campaign that closed the smelter last year, it's been a more difficult task to deal with decades of toxic contamination. In June, Downwinders and Frisco Unleaded released City of Frisco reports that showed widespread lead-contaminated waste in Stewart Creek, including parts of the City's planned "Grand Park."
Citizens say it's unacceptable to leave tons of lead waste behind in Frisco, as Exide wants to do, because it would mean the creation of an economic and public health "dead zone" in the middle of town.
"We know we have to get this right the first time because we night not get a second chance, "said McCadden, who's lived in Frisco since the mid-1990's. "We have to demand the most protective clean-up we can get under the law."
Happy DFW Non-Attainment Day!
It came a little later than usual this year, but the final dog days of August finally churned out the inevitable DFW Non-Attainment Day on Saturday. And nature was just cheeky enough to wait until right before the state's open house on yet another clean air plan for the area.
Non-Attainment Day is the (so far) annual day when one lucky regional air monitor registers its fourth "exceedence" of the old 85 parts per billion smog standard left over from the 1990's, signaling an official violation of the federal Clean Air Act and meaning that DFW is still mired in high levels of ozone.
On Saturday it was the Denton Airport monitor that saw an 8-hour average of 85 ppb, one that matched Friday's result as well. Together, the two readings combined with another 85 ppb from August 20th and a 90 ppb level from early July to produce four readings of 85 ppb or more by the end of the month. That makes it official. It's the 17th year in a row that DFW hasn't met the old smog standard.
Although it's bad news that we're once again in violation of an obsolete smog standard, this summer's cooler weather and rain has kept smog down to levels not seen since 2007. If Denton is the only monitor to record an official violation of the 85 standard, that will be the fewest number doing so since 2007 as well, when there were two. Last year there were five and the year before that, six.
But as of 2015, the region will need to get ozone levels down to no more than the new EPA-approved level of 75 ppb if it wants safe and legal air. A plan to help the region do that is supposed to be drafted by the Texas Commission on Environmental Quality, although no one knows exactly when that process will start.
As it happens however, the TCE is hosting a "public information meeting" on such a new air plan at the public-friendly hour of 10 am this coming Thursday at the North Texas Council of Governments headquarters in Arlington at 616 Six Flags Road. Don't expect any explanations for what that is, because there aren't any. However, it is most assuredly not a meeting of the local North Texas Clean Air Steering Committee, the advisory group charged with assisting the TCEQ in putting together a clean air plan. That would require more concern for clean air than the state can muster right now, with a deadline still a whole 16 months away.
With the summer trending well up to now, we suspect the TCEQ crew thought they could come up to DFW from Austin without having to use the dreadful N-word to describe DFW's condition. Now, not so much. It's an embarrassment too. If the region can't reach attainment when the weather is on your side, what's it going to be like when real a Texas Summer returns? 2013 was absolutely the best shot we had at finally seeing the numbers drop significantly. And now that's been blown.
Of course, if the last state clean air plan had worked the way Austin told us it would, we wouldn't even be writing this blog post because DFW would have reached attainment status last year. But the plan didn't exactly work the way Austin said it would. in fact, it made air quality measurably worse.
EPA will Be Issuing Power Plant Permits in Texas Despite Greg Abbott’s Campaign for Governor
There was never really any question, but just in case you were wondering, EPA will indeed be taking over the permitting of power plants in Texas based on new greenhouse gas emission rules.
The U.S. Court of Appeals slapped down Texas Attorney General Greg Abbott's recent challenge to the Environmental Protection Agency on Friday, one trying to keep the EPA from considering such emissions when they permit new facilities or approve large modifications on old ones.
TCEQ: Eagle Ford Gas Pollution Making San Antonio Smog Worse
According to a new study from the Texas Commission on Environmental Quality and the Alamo Area Council of Governments, air pollution from the Eagle Ford gas play in South Texas will increase smog levels in San Antonio by 3 to 7 parts ber billion by 2018, the year the nation's metro areas are supposed to be in compliance with a new tougher federal standard.
Because San Antonio's air is already in violation of federal standards, a rise in ozone levels of even 1 ppb matters. San Antonio's ozone average is at 80 ppb and the federal standard is at 75 ppb.
Since it relied on TCEQ engineers and TCEQ computer models, one can safely assume this study is underestimating the problem of this pollution.
On the otheFrom the beginning of the fracking boom, it's been the contention of Rick Perry's TCEQ that gas industry pollution from the Barnett Shale has no significant effect on DFW smog. "All the wells are west of central DFW" goes the rationale, even as Dallas debates new drilling and refinery permits. A lot of us, including atmospheric scientists who study this sort of thing, beleive differently.
For two years in a row, air quality in DFW has gotten worse, not better, They've been more violations and they've moved further east. While 2013 has the potential to be the best year for smog in DFW this decade, it may have much more to do with the cooler, wetter weather than any large decreases in pollution inventories. However, given the impacts outlined