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Wise County in, Hood Left Out: EPA Declares New Non-Attainment Area for Smog in North Texas
At around closing time came news that the EPA had finalized the boundaries of the new “non-attainment area” for smog in North Texas that corresponds to enforcement of the “new” 75 ppb ozone standard approved last year. The 9 counties that were already in violation of the older standard are still there: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant. The only new addition is Wise County, but it’s a huge one given its prodigious amount of gas industry pollution and commuter traffic to Tarrant and Denton Counties. It also means that Wise County will be getting an ozone monitor. If it’s placed correctly by TCEQ – and that’s a big if – it could be giving us a much truer understanding of how high or low ozone levels are really going. Since predominant winds during “ozone season” (April -November) are from the southeast to northwest, much of DFW’s dirty air gets pushed into Wise County, where it then officially falls off the map because there’s no air monitors there to record it. TCEQ likes it that way because ozone readings in Wise – where DFW dirty air meets gas patch emissions – could be significantly higher than in most of the rest of DFW. And that would dampen the Austin happy talk about improving DFW air quality. Also coming to Wise are things like those Vapor Recovery units on gasoline pumps, and other stricter pollution control requirements – although the impact on the entrenched gas industry infrastructure already there is unclear. Hood County was also singled out by EPA for inclusion in the non-attainment area but is left off this final order. It also has a number of gas industry facilities, including compressor stations, although most have shown up over the last ten years as opposed to Wise, which has seen decades of oil and gas production. There was no explanation for Hood exclusion in EPA’s letter. DFW wil be classified as a “Moderate” non-attainment area under the new standard while Houston will get a more severe “Marginal” classification. Why? Because the EPA uses a formula based on percentage above the new standard and Houston has traditionally had higher readings – think Ship Channel “upsets” and belches, even if DFW had just as many. Dallas and Houston remain Texas’ only non-attainmenta areas for smog, although that could certainly change over time. Next up is EPA’s determination of the compliance timeline for all non-attainment areas. The good news is that DFW’s deadline should be sooner than Houston’s because it’s not as severely ranked. The worse the air, the more time a region has to clean it up. The bad news is that it could still mean officials don’t have to get serious about cleaner air until around 2015 for a 2017-18 deadline. That”s been the pattern up to now – keep waiting until the last minute to think about how to dig yourself out of a multi-decade deep hole. And believe us, with this process, 2 years is “the last minute.” There could be all kinds of useful planning and researching going on right now but they’ll be none of that. Because insuring receipt of federal highway dollars, not protecting public health, has been the primary motivating factor behind the clean air machinery in North Texas. Until those priorities are reversed and clean air is sought for its own worth, we’re likely to always be behind the curve, chasing “unattainable” smog standards.
Lisa Jackson in Town to Rally the Troops
That’s the word according to at least one EPA Region 6 employee. No reports yet on what kind of pep talk she gave the staff after just witnessing the four-day public lynching of their former boss, but one wonders whether she might be handicapped by her tepid response. Despite internal assertions that she wanted Dr. Armendariz to stay, her public remarks were less than supportive. She’s no stranger to disappointments from this Administration – she was mugged by the OMB over the new ozone standard – but so soon after the events in question, it’s hard to tell whether, or how much, she contributed to this heartbreaker, and also hard to have any confidence in this administration’s ability to stand up for itself. Strange for a White House that’s boasting what guts it took to pull the trigger on Osama, to be so cowed, so fast, by a bunch of old guys without a clue.
Dr. Al Resigns
We learned this morning that Dr. Al Armendariz has resigned as EPA Region 6 Administrator. He made the decision himself, because he believed it was best for the causes that he continues to serve. Reportedly, EPA Administrator Jackson wanted to keep fighting, but Dr. Al said no, he didn’t want an investigation by the likes of Smokey Joe Barton and Company taking up the Agency’s time and resources and involving so many people in and outside of the agency. The resignation is effective immediately today. Sam Coleman, head of the Region 6 Superfund program, and former head of Enforcement for Region 6 becomes Acting Regional Director, a position he’s likely to remain in until after the November election. Words cannot convey the very deep sorrow, or the immense anger this resignation generates. Sorrow that such a hard-working public servant will no longer be able to do the job he loved, and that we loved him doing. Anger that a handful of powerful polluters and their friends can so easily smear such a good person. Dr. Armendariz isn’t sure what he’s going to do now, but will undoubtedly keep doing the work he was doing before he got to EPA. As must we. If there’s any lesson we’ve learned over the last 20 years, it’s that you can’t let setbacks like this deter you. This is a hard one to take, but we have to pick ourselves up and adapt and keep going. This is the statement he released today to the Dallas Morning News……..”Dear Friends, I have been honored to serve as your regional administrator for EPA’s region 6 office the last 2 and ½ years. I never once forgot that the reason I was appointed was to serve you, to act as your voice, and to work day and night to better protect the environment and your safety.Today I am resigning my position as regional administrator. This was not something that was asked of me by Administrator Jackson or the White House. It is a decision I made myself. I had become too much of a distraction, and no one person is more important than the incredible work being done by the rest of the team at EPA. I leave with an incredible sense of pride for the things the Agency accomplished and it was fantastic to be a part of the effort. Administrator Jackson has overseen a renaissance in the Agency and it is again the global leader in environmental protection. President Obama has been incredibly supportive of me and my work and the Agency. He’ll undoubtedly go down as the most environmental president we have ever had. Thank you all for letting me into your homes and communities, and showing me the challenges you face every day from pollution and lack of infrastructure. Your stories are now part of my fabric and the fabric of the Agency. Best always, Al Armendariz.”
More of This Please
“Ms. Jackson:
When I heard Dr. Armendariz was being attacked again, I wanted to write to tell you how important he is to so many of us who are living in the Dallas-Fort Worth area.
We are a non-attainment area as you know. We breathe dirty air. We’re in the midst of a drought and gas drilling is moving in fast to make both problems worse. The TCEQ doesn’t help us. My Republican and even Democratic neighbors often don’t understand the problem. EPA enforcement is sometimes all we have. He understands the problems. I saw him at an Earth Day celebration in Dallas last Saturday. I was so proud and thankful that we have him as an advocate. Please do all you can to protect his job and his reputation. We desperately need him.
Sincerely, Kerrie Kimberling”
Send your own e-mail Thank you for Dr. Al to Lisa Jackson: jackson.lisap@epa.gov
Another Reason Why 1000 Feet Isn’t Far Enough
We’ve heard that the gas industry lobbyists hanging out at Dallas City Hall are seriously advocating reducing the mandatory distance between gas drilling wells and neighborhoods, from the recommended 500-1000 feet down to only 300 feet – the length of a football field. Citizens have noted all kinds of reasons why that’s way too close, and even why 1000 feet is still not far enough to prevent significant public health risk from drilling’s hazards. The Army Corps of Engineers says fracking shouldn’t be taking place within 3000 feet of dams because of the potential harm to structural integrity. Why would freeway support columns or home foundations be more immune to this threat? The Colorado School of Public Health concludes that those living within a half mile of a gas well – over 2000 feet – have a 66% increased chance of getting cancer. Why not incorporate this research into new Dallas buffer zone decisions? And from a reader comes this story of a Chesapeake gas well blowout in Wyoming that’s forced the evacuation of people living as far away as 2.5 MILES. Although Chesapeake would not disclose the amount of pollution the leaking caused, it assured everyone that air quality measurements were “normal.” Residents up to 6 miles away reportedly could heat the noise of the gas as the leak burst open. 300 feet? 3000 feet may mot be enough. Read More
Cub Scout Tours and Burning Plastic? Must Be Time for Cement Plant Environmental Awards!
Irony isn’t dead. But even it has to sit down and self-medicate when the Portland Cement Association rolls out it annual “Environment and Energy Awards.” This year’s winners include the CEMEX Louisville Kentucky plant (27,000 pounds of toxic releases in 2010) for its substitution of a a pug screw for the more traditional pug mill, Titan’s Troutville, Virginia plant (13,882 pounds of toxic releases in 2010) for it’s excellent cub scout tours and self-interested quarry expansion PR campaign, and Holcim’s Theodore, Alabama plant (1, 037 pounds of toxic releases in 2010) for burning tires and plastics. We are not making this up.
ALA’s State of the Air Report: We’re Still Breathing Dirty Air
This annual effort was released this week and relies on data from 2008, 2009, and 2010. In other words, it does not include last summer’s horrific ozone season, the worst in five years, and the one that had Dallas taking away the title of worst air in Texas from Houston.
Even without those numbers, air quality in the DFW metromess is ranked 12th worst in the country out of 277 metro areas, while Houston is ranked 8th. It also gives a pass to DFW on particulate matter, despite seeing levels that have been associated with strokes. This is because the metrics the ALA uses rely on federal standards – as long as you’re above those standards, it gives you a passing grade. But now science tells us that those standards are not protective, so take these kinds of assurances with appropriate grains of salt.
Look at the year-by-year charts for DFW pollution. The good news is that both ozone and PM levels started to fall dramatically around 2006-7 – perhaps as a result of the last semi-competent air plan that was implemented during this timeframe. Change is possible. We can find ways to clean the air when we want to. The bad news is that since that plan was adopted and carried out, there’s been no follow-up by the state, and no attempt to reign-in the air pollution from the gas industry, which has almost doubled in the last six to seven years. This is why ozone numbers climbed last year and it’s also why many of us predict that this summer will see no relief from our chronic ozone pollution. Next year’s State of the Air report will not be as kind.
Industry is Trying to Get Dr. Armendariz Fired…Again. Give Him Some Love
How controversial is it to want to make examples out of bad actors?
If you’re a judge or a prosecutor, you’re often applauded for going after repeat offenders in a way that will send a very strong signal to others who might be doing the same thing or contemplating it. But if you’re an EPA Regional Administrator gong after environmental criminals? Then you’re a power-hungry red-eyed socialist devil out to destroy American capitalism.
So it goes in the latest attempt by industry to smear Dr. Al Armendariz, one of the most knowledgable Regional Administrators in the country and a real burr under the oil and gas industry’s saddle. Apparently someone on Oklahoma Senator Jim Inhofe’s staff was dumping old video when they came across a short presentation by Dr. Armendariz in 2010 where he explains how he makes use of the limited enforcement capabilities and resources he has at his disposal. His solution? Take the worst actors violating the law and make an example out of them so dissuade others. Here’s what he said,
“In terms of manpower, you’re right. I am limited in the number of enforcement staff I’ve got. I’ve got about 150 people to do enforcement. I’ve got five states. So we’re limited in terms of where we can go and what we can do. But as I said oil and gas is an enforcement priority. I was in a meeting once and I gave an analogy to my staff about my philosophy of enforcement. It’s probably a little crude and maybe not appropriate, but I’ll tell you what I said. The Romans used to conquer little villages in the Mediterranean. They’d go into a little Turkish town somewhere, they’d find the first five guys they saw and they would crucify them. And then you know that town was really easy to manage for the next few years. And so you make examples out of people who are in this case not compliant with the law. Find people who are not compliant with the law, and you hit them as hard as you can and you make examples out of them, and there is a deterrent effect there. And, companies that are smart see that, they don’t want to play that game, and they decide at that point that it’s time to clean up. And, that won’t happen unless you have somebody out there making examples of people. So you go out, you look at an industry, you find people violating the law, you go aggressively after them. And we do have some pretty effective enforcement tools. Compliance can get very high, very, very quickly. That’s what these companies respond to is both their public image but also financial pressure. So you put some financial pressure on a company, you get other people in that industry to clean up very quickly.”
That was in 2010. But because the industry thinks it has some political momentum coming out of the recent Range Resources settlement, the good Senator from Fossil fuels digs up this two-year old piece of video, takes it out of context and proclaims it a brand new reason to fire Dr. Armendariz. Then their flunkies in the media like this Forbes columnist or Glenn Hunter at D Magazine this morning, repeat the line verbatim without necessarily filling you in on the date of the speech, the context of the answer, or the exact full-length quote in hopes of ginning up some kind of Astroturf controversy that results in Armendariz having to resign. Not going to happen. But it does show the desperation and great lengths the industry will go to in order to oust Armendariz, someone who knows them well and is trying to keep them honest in their own backyard. Remind EPA head honcho Lisa Jackson how valuable it is to have someone like Dr. Armendariz running Region 6 – e-mail her at jackson.lisap@epa.gov
Speakers Line-up for Earth Day Dallas
One of the thrills of last year’s Earth Day Dallas extravaganza was being able to sit across the table from Earth Day co-founder former Congressman Pete McCloskey and have a regular chat with a legend. This year’s shindig at Fair Park doesn’t offer the same kind of historical insight, but it does give you an opportunity to see some speakers whose current work could be of great interest. The entire schedule and speakers list with their bios can be found here, but there are seven we want to highlight in particular – Former CIA Director turned alternative energy guru James Woolsey 11:30 am on Saturday the 21st at the Hall of State. He has a particular greenish perspective from deep in the belly of the Beltway that has some serious capital behind it. If you want to know what’s going to be hot a year or three from now, you might want to hear this. EPA Region Six’ s own Dr. Al Armendariz, 12:30 pm Saturday, Hall of State. We know he’s not going to be breaking any news, but there’s some intelligence-gathering to do just by listening to what’s being said and how it’s being said. Dr. Armendariz has been a target of polluters since his appointment was announced. He’s among the most knowledgable Regional Administrators out there, a real scientist, with practical field experience in many of the most high-profile EPA issues. Listen to how he defends what the agency is, and is not, doing. Listen to the language he uses or doesn’t use. Is there a new party line from DC now that it’s an election year, or is this still Dr. Armendariz being himself? We already know everything is on hold for the rest of the year but you might get a clue as to how far we could roll backwards. Dr. Andrew Dressler, the Texas A&M climate scientist, 3:00 pm Saturday, Hall of State and no, thats not a typo. Dr. Dressler has one of the least enviable jobs in Texas – defending science, and climate change, at Rick Perry’s alma mater. He’s done a good job of holding up so far. Listen to what his take is on the recent drought and how climate change is and will impact the Texas environment and economy. Katherine Hammack is the Assistant Secretary of the Army for Installations, Energy and Environment, 4:00 pm Saturday at the Hall of State. Bet you didn’t know such a position even existed. Well it does and because nobody wants to cut defense spending, some of the most advanced and exciting alternative energy research that America is producing right now is coming out of the military. Get a glimpse of the future as if there was real money being spent on it. Dr. Michio Kaku, 5:00 pm Saturday @ the Hall of State is one of the most fascinating and engaged scientists of our time. He’s done a lot of work in advanced physics trying to work out a “Theory of Everything” but he’s also a long-time antinuclear power activist who’s testified at the trials of those arrested as part of large civil disobedience actions at nuclear plant sites. Whatever he says, it’s going to be interesting. Janice Bezanson, Executive Director of the Texas Conservation Alliance, 4 pm Sunday the 22nd is a local legend and a direct link to the state’s first generation of environmentalists in the modern sense. She’s a protege of Ned Fritz, who, along with only a handful of other brave souls helped preserve what was left of The Big Thicket. She’s been in the middle of Trinity River politics for 25 years. She knows how to surive doing the work in Texas, so you know you can learn something. Finally, there’s Dallas Mayor Mike Rawlings at the 5:30 pm closing ceremonies on Sunday at the Hall of State. This should be interesting as well, no? He’s only a month or so away from having to deal with the largest indigenous environmental issue to come into Dallas City Hall in an generation – drilling for gas in Dallas. Will he refer to this decision in any way, or ignore it in favor of some Earth Day platitudes? Will he repeat his Texas Theater promise never to jeopardize a Dallas neighborhood for the sake of money? Come and find out what gets said and unsaid.
“Cypress Waters” Wacked as Cypress Hill
This map is a layout of the Billingsley-City of Dallas joint “eco-development” by the name of “Cypress Waters” taking shape on North Lake in Northwestern Dallas. The same one the Dallas Morning News wrote about today. Only they didn’t include this perspective of the development – the master plan for the development. Maybe because it makes explicit reference to the fact that there will be gas wells tastefully scattered among the neighborhoods and schools of Cypress Waters, a fact never mentioned in the Morning News story (they’re the green rectangles on the map). Indeed, there’s a drill site that sits directly across the street from TWO schools. This is the completely FUBAR’d world of developers unfamiliar with the messiness of gas drilling, or alternatively don’t care about the impact of that messiness on their residents. On a map, a well pad is a nicely contained rectangle of a different color that just sits there and mingles with the other colored rectangles. On the ground, it’s 24/7 traffic, noise, smells, fumes, health effects, and accidents that don’t stay within the rectangle. Remember that just a month ago the Colorado School of Public Health published a study that concluded that residents living within a half mile of a gas well were exposed to at least five different toxic chemicals at levels above federal regulatory concern and stood a 66% higher chance of getting cancer. Four out of six of the wells in this planned Cypress Waters eco-development are much closer to people than a half-mile. Some look like their as close as a half block. Yeah, that’s real eco of y’all. People who design developments like this should be sentenced to live on their front lines. UPDATE @ 4:30 PM: To its credit the Dallas Morning News is now running a story from their City Hall reporter on its digital front page that talks about the fact that Cypress Hill is also hosting six drilling sites and even posts the same map that we have up here. It’s a good piece and if it’s language would have been inserted into the larger Business Section article this morning, there would have been no basis to complain. Good for citizens howling about this. Good for the Morning News being responsive to reader comments about so obvious an omission and making the correction by putting it on the front page of the web site. Should we credit this reasonableness to the “Wilonsky Effect?”