Posts Tagged ‘TCEQ’
We Won a Small Victory – Now Come Take Advantage of It
This is why citizen participation matters.
Last week, local officials were balking at reserving a slot at next Thursday's regional air planning meeting for a presentation by UNT researchers on how gas industry emissions from the Barnett Shale could be adding to DFW's chronic smog.
After reading about the UNT research in the Denton Record Chronicle, Downwinders at Risk and State Representative Lon Burnam specifically asked the local Council of Governments to include the UNT work on the agenda.
At first, we were told that there was already one technical presentation scheduled for the meeting and there wouldn't be any time for a second.
That struck us as strange, since in the past, every such meeting has always had more than one technical presentation.
When we pointed this out in an e-mail with links to past meeting agendas to prove the point, we quickly got a different response. Suddenly, there would be time for the UNT presentation.
That wasn't so hard was it? All it took was a little logical push back. But if we hadn't supplied it, Thursday would be looking a lot different.
Now, we're asking you to please come and help us push back a little more.
State environmental officials are on record as saying the air pollution from gas mining and production in the Barnett Shale is not adding to DFW's smog.
A lot of us think otherwise.
Come next Thursday, on the 17th, you can listen to the new UNT research on fracking air pollution and ask Texas Commission on Environmental Quality officials directly what makes them so sure that gas pollution isn't hurting local air quality.
Because the format of these regional clean air meetings are now so informal, anyone in the audience can ask questions of a presenter. That means you – if you show up.
It doesn't matter if you don't know the technical lingo. This is all about wind direction, weather, and things that pollute. There are no stupid questions.
The new anti-smog plan that the state is building needs all the public scrutiny it can get. It needs tough examination by people who care about clean air and the truth.
Next Thursday, you can help us put the state on the spot.
This is the first opportunity in 2014 to speak up and sound off about our decades-long smog problem. Don't let the TCEQ leave town without hearing from you.
We fought and won the right for you to listen to this research because we thought it was important. Won't you please come and take advantage of this victory?
We need a good showing to prove DFW residents are still mad about breathing dirty air.
NEXT THURSDAY, APRIL 17th
10 am to 12pm
North Central Texas Council of Government headquarters
616 Six Flags Drive
(After the meeting, State Representative Lon Burnam and Downwinders will be hosting a lunch time de-briefing, location to be decided, so stay tuned.)
Look, we know this is a small victory. But state officials don't want to talk about how gas industry pollution may be making our local smog worse, even though there's evidence that it is.
That's exactly why we think we need to keep bringing it up.
Winning the right to hear a new scientific presentation on the connection between gas pollution and smog may not seem like much of a win, but it is when the Powers-That-Be don't want you to hear it.
We know that small victories like this can lead to larger successes.
In the 1990's the same state agency that's now denying gas pollution has any impact on DFW smog was saying exactly the same thing about the Midlothian cement plants.
It took lots of push back from citizens who knew better before we got the state to admit it was wrong.
Now, Ellis County is in the DFW non-attainment area and the cement plants have controls on them they would otherwise never have.
We need the same effort in 2014 to show the state is as wrong about gas industry pollution as it was about the cement plants.
Right now, Downwinders is the only group committed to organizing citizens around clean air issues in DFW.
But we just lost a funding source that was critical to us and we need your help to keep the pressure on. This money paid for staff work in the field.It's very easy to give securely online here, or you can send checks to our P.O. Box at the bottom of the page.
We really need your help. Thank you.
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.”
Notice Something Missing So Far This Summer? Smog Alerts.
Along with cooler weather in general and a little more rain this Spring has come some relief from really dirty air in DFW.
Last year at this time, we'd already had 6 "exceedences" of the old 1997 85 parts per billion ozone standard in May, and countless exceedences of the tougher new 75 ppb standard that is supposed to be attained by 2018. As of today, we haven't had one even one monitor reading above 85 ppb and only a handful in the 75 to 85 ppb range.
For the last two years in a row, DFW has seen a decrease in air quality, and an increase in smog. Could 2013 be the year that trend is halted?
Weather takes a lot, or even most of the credit. Cooler temperatures and more moisture are not conducive to ozone creation. But unlike during the recession, new car sales seem to be taking off the way the Rick Perry-approved engineers at the Texas Commission on Environmental Quality wanted them to two to three years ago. It's possible that the replacement of older dirtier vehicles with newer, cleaner ones by the thousands has finally made a difference you can't see. There's also the impact of cleaner operations at the Midlothian cement plants thanks to citizen victories over the last decade, (although the kilns are rapidly turning back into garbage burners), fewer coal burning plants downwind, and other improvements up and down the southeast to northwest axis that carries our predominant winds from Houston to here.
On the other hand, last June was pretty quiet until the 24th, and then all hell broke loose, with ozone levels into the triple digits. 2012 turned out to be a very bad year for safe and legal air.
And there's the unknowns that nobody's really examining closely – at least not in public. How much ozone pollution is being caused by the natural gas infrastructure in the Barnett Shale that's been built over the last decade and gets bigger every week? How much is the gas industry polluting upwind of us in places like Freestone County between here and Houston? Does the continuing boomtown growth in DFW population cancel out the improvement in individual vehicle emissions?
From a regulatory point of view, no matter how good or bad this summer is, we don't get credit for it either way. Another bad year wouldn't be held against us. Likewise, no violations this entire year wouldn't buy us any more goodwill from EPA. We're in a limbo period, where everyone is just waiting around for the average readings from 2015 -2018 to accumulate and tell us what category of compliance with the new 75 ppb standard we're in. While it would certainly help the cause if the region had some forward momentum in lowering the levels of smog going into 2015, officially, it makes no difference at all – unless you're breathing air. Then, according to EPA's own scientists, anything above 65-70 ppb is damaging to human health.
Theoretically, the TCEQ is supposed to be putting together yet another "DFW clean air plan" to reach that 75ppb standard, to be implemented sometime between now and 2015. The last time it tried to reach such a regulatory goal – the 85 ppb standard – it ended up with a plan that worsened air quality here by starting way too late and basically doing nothing but watching as new cars were going to clean up the air in the middle of a recession. (By the way, the "official" regulatory date of that failure is coming up next week even though the failure was certain last summer. Stay tuned to see if TCEQ acknowledges it in any way).
It's the summer of 2013. Any big changes that need to be in a summer of 2015 clean air plan should be being discussed and set in motion now, especially if they need 2015 state legislative approval, or lead times for industry to adapt. However, state or regional officials have yet to call a meeting of the local advisory group that's supposed to be monitoring the development of that plan. No date is set for such a meeting.
We can hope that a confluence of circumstances is making it possible to have cleaner air in DFW, but as long as Rick Perry is Governor, it's unlikely such an important public health goal will override political agendas.
State Budget Writers Vote to Keep Raiding Anti-Smog Funds
Today brings news of the first skirmish in this year's state Legislative session over using anti-smog funds collected in DFW and other EPA "non-attainment" areas to ease budget gaps in general revenue.
The Dallas Morning News has an account of local Dallas State Representative Helen Giddings teaming up with Houston Rep. Turner Sylvester during a House Appropriations Committeee meeting on Tuesday to make the case that the funds are desperately needed to help reduce air pollution in Texas' largest cities where unhealthy air is still the norm during "ozone season."
Everyone who gets their car inspected in North Texas pays an extra $6 that goes to the "Low-Income Repair and Replacement Assistance Program," (LIRAP). The money is supposed to be used to help low-income car owners upgrade their vehicles so they'll run cleaner. Because they can't afford to buy new vehicles as often, low income owners usually drive older cars. Older cars are dirtier cars. Fix them or upgrade them to newer cars and you reduce air pollution.
According to the folks that wear the green shades, the LIRAP fund will have approximately $77 million in unspent money at the end of August. Another $80 million is expected to be collected in the state's "non-attainment areas" over the next two years. That's a lot of car repair money. But as it turns out, state budget writers are proposing to only spend a little over $11 million in the next two years to be split up between Houston, DFW, Austin and San Antonio.
The size of the diversion has publicly angered elected officials in DFW and the other urban areas who are facing compliance with a new, stricter EPA smog standard by 2018 even as they annually fail to meet the old standard. In DFW and Houston LIRAP funding is traditionally used to build the clean air plans that must get approved by EPA. Without sufficient funds, local officials are telling the state that its next plan, due in 2015, might not get approved by EPA. You can imagine the disappointment in Austin of hearing that news.
Austin and San Antonio officials have actually threatened to pull out of the fee system all together unless they get more back of what their residents are putting in. That huffing and puffing paid off a bit Tuesday, as the Republican-led committee voted to approve an additional, but token, $1.4 million to those cities. Still, perhaps that lesson will not be lost on DFW officials, who have a long history of suffering silently as the state increasingly robs the region of its ability to control it's own air quality fate.
This was only the opening round of votes, and the House is more conservative than the Senate. But it's probably not a good sign that Rep. Giddings was the only one of at least five DFW-based members of the House Appropriations Committee quoted in News as leading the charge. Missing in Action was former Arlington City Council member and previous sometime-clean air supporter Diane Patrick, and oh yeah, the Chair of the Committee that hails from non-attainment Ellis County, Representative Jim Pitts. If the local North Texas clean air establishment can't get more help from its own players in the Lege, they're unlikely to see more money flowing their way.
Hell Freezes Over: Why the New Federal Report on Midlothian Matters
Everything in italics and "quotation marks" below is a direct quote from the latest chapter of the ATSDR's (Agency for Disease Registry and Toxic Substances) "health consultation" on the impact of certain kinds of industrial air pollution on the local population.
You should take five minutes to glance over the sentences. They've taken a better part of a decade and a great deal of citizen persistence to make it to print. You can read them now only because of a petition to ATSDR by local Midlothian residents, spearheaded by Sal and Grace Mier in 2005, prompted the Agency to get involved.
They're also rarer than hen's teeth. Because the words actually come together in sentences to conclude human health was likely harmed by the pollution from Midlothian's three cement plants and steel mill, as well as recommend decreasing that pollution.
Among grassroots activists, ATSDR has a notorious reputation for issuing reports that are "inconclusive by design." The joke is that the agency never met a facility it couldn't learn to live with. And sure enough, previous chapters in this saga have disappointed. Just two years ago, ASTDR's shoddy work in investigating health impacts in Midlothian and elsewhere across the country was the subject of a Congressional hearing.
These ATSDR reports generate no new data. Instead, they are retrospective looks back at the available sampling/monitoring information and a piecing together of possible exposure paths and levels. As such, they're only as good as the data they can digest. In Midlothian's case, that means they're completely dependent on state monitoring – criticized by citizens for years as being inadequate. Nevertheless, with this latest report, citizens have been somewhat vindicated because of what even that inferior sampling revealed.
The health impacts described in this latest report are also limited to what are called "Criteria Pollutants" – old school substances like lead, soot, sulfur dioxide, and ozone that have been regulated by the Clean Air Act for decades. They do not apply to more exotic kinds of air pollution like endocrine disruptors, which there's little or no monitoring for at all.
So there are a lot of missing pieces, but the ATSDR's conclusions and recommendations have an impact on your lungs and maybe your own local fight, even if you don't have a Midlothian zip code. For the first time a federal agency known to avoid coming to any conclusion about anything was forced to say that human health was adversely affected by the operations of industry in Midlothian.
There's a public meeting on this report on December 6th from 7 to 8:30 pm at the Midlothian Conference Center.
Health Consultation/Assessing the Public Health Implications of the Criteria (NAAQS) Air Pollutants and Hydrogen Sulfide MIDLOTHIAN AREA AIR QUALITY MIDLOTHIAN, ELLIS COUNTY, TEXAS
NOVEMBER 16, 2012 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Agency for Toxic Substances and Disease Registry
Division of Community Health Investigations
Recommendations:
"Texas Commission on Environmental Quality (TCEQ) should take actions to reduce future SO2 emissions from TXI to prevent harmful exposures."
"TCEQ should take actions to reduce future PM2.5 emissions from TXI and Gerdau to prevent harmful exposures."
"TCEQ should continue efforts to reduce regional ozone exposures."
"TCEQ should insure that levels of these air pollutants do not increase to levels of concern in the future."
"TCEQ should conduct ambient air monitoring to characterize exposures to persons located downwind of the Ash Grove and Holcim facilities and take actions to reduce SO2 emissions from these facilities if harmful exposures are indicated."
"TCEQ should conduct appropriate ambient air monitoring to characterize exposures to persons located downwind of the Ash Grove and Holcim facilities and take actions to reduce PM2.5 emissions from these facilities if harmful exposures are indicated. In addition, particulate matter monitoring is needed in residential areas that are in immediate proximity to the facilities’ limestone quarries."
"In ATSDR’s judgment, one notable gap in monitor placement is the lack of monitoring data for residential neighborhoods in immediate proximity to the four industrial facilities, where fugitive emissions (those not accounted for in stack emissions) likely have the greatest air quality impacts."
Human health was likely harmed, and is still threatened by industrial pollution from Midlothian
From Sulfur Dioxide:
"Breathing air contaminated with sulfur dioxide (downwind of TXI's cement plant and the Ameristeel steel mill) for short periods could have harmed the health of sensitive individuals.…ATSDR cannot determine if harmful exposures to SO2 have been occurring downwind of the Holcim and Ash Grove facilities."
"All 24-hour values in Midlothian were lower than EPA’s former standard. However, the World Health Organization’s health comparable guideline is 8 ppb (WHO, 2006). This value was exceeded at both the Midlothian Tower and Old Fort Worth Road stations in most years of monitoring through 2008…"
"Overall, in the years 1999 to 2001, Old Fort Worth Road (monitoring site north of TXI) ranked among the stations with the highest 24-hour average sulfur dioxide concentrations in the state. As sulfur dioxide emissions from TXI Operations decreased in following years, so did the measured concentrations at this station."
From Particulate Matter, or Soot:
"Public health concern is warranted for adverse health effects from long-term exposure to PM 2.5 in Cement Valley"
"In the past (1996–2008), annual average PM 2.5 levels measured were just below the range of concentration proposed by EPA for lowering the annual average standard…Moreover, many of the annual average PM 2.5 concentrations were above the more conservative WHO health guideline (10 μg/m3)."
"No PM 2.5 monitoring data are available to evaluate exposures downwind of the Ash Grove facility. Furthermore, although annual average PM2.5 levels detected at the Holcim monitor indicate possible harmful levels…."
"We estimated that annual average PM2.5 levels in the vicinity of the Gerdau Ameristeel monitor, from 1996 to 1998, could have ranged from about 22.6 to 26.4 μg/m3, which is above both the current and proposed EPA standard. Using EPA’s approach, the 3-year average level might have been above the NAAQS standard of 15 μg/m3 for these years in the vicinity of the Gerdau Ameristeel monitor. Applying this same approach to annual average PM10 data from other monitors suggests that PM 2.5 levels could have been close to the current and proposed PM2.5 standard, especially for the Wyatt Road, Old Fort Worth Road, Gorman Road, and Midlothian Tower monitors."
"Consistent with the other pollutants discussed earlier, the estimated annual PM 2.5 emissions listed for these facilities are among the highest for Ellis County and also rank high among industrial sources statewide."
From Lead:
"Past lead air exposures during the period 1993 to 1998, in a localized area just north of the Gerdau Ameristeel fence line, could have harmed the health of children who resided or frequently played in this area….In the mid-1990s, the lead levels measured in this area ranked among the highest lead concentrations measured statewide."
From Smog:
"Scientific studies indicate that breathing air containing ozone at concentrations similar to those detected in Midlothian can reduce lung function and increase respiratory symptoms, thereby aggravating asthma or other respiratory conditions. Ozone exposure also has been associated with increased susceptibility to respiratory infections, medication use by persons with asthma, doctor’s visits, and emergency department and hospital admissions for individuals with respiratory disease. Ozone exposure also might contribute to premature death, especially in people with heart and lung disease. School absenteeism and cardiac-related effects may occur, and persons with asthma might experience greater and more serious responses to ozone that last longer than responses among people without asthma."
"The Midlothian Tower site recorded ozone concentrations above the level of the NAAQS for several years (TCEQ, 2011b), and the Old Fort Worth Road site has been measuring ozone concentrations close to the level of the NAAQS. Based on the data from both monitors, from August 1997 to September 2011, the 8-hour EPA ozone standard has been exceeded 236 times."
From Breathing Multiple Pollutants:
"ATSDR believes that sufficient information exists to warrant concern for multiple air pollutant exposures to sensitive individuals, especially in the past….The ability of the scientific community to fully and quantitatively evaluate the health effects from the mixture of air pollutants people are exposed to is at least ten years away (Mauderly et al., 2010)……The current state of the science limits our ability to make definitive conclusions on the significance of simultaneous exposures to multiple criteria air pollutants. ATSDR’s conclusions are based on our best professional judgment related to our understanding of the possible harmful effects of air pollutant exposures in Midlothian and our interpretation of the current scientific literature; therefore, these conclusions are presented with some uncertainty."
From New Production:
"Reductions in SO2 levels in Cement Valley have occurred since late 2008 resulting in exposures to both sensitive individuals and the general public that are not expected to be harmful. These reductions may be caused, in part, by declining production levels at local industrial facilities. Future harmful exposures in Cement Valley could occur if production rises to at least previous levels and actions are not taken to reduce SO2 emissions."
Regulatory "Safe Levels" Very Often Aren't
"Past SO2 exposures were not above the Environmental Protection Agency (EPA) standard in place at that time but were above the current standard."
"Past lead air exposures were not above the EPA standard at that time but were above the current standard.…The scientific community now believes that the current standard (15 μg/m3) for fine PM (measured by PM2.5) is a better indicator of possible long-term health effects from PM exposures than was the former EPA annual average standard for PM10 (EPA, 2006b)."
TCEQ Can’t Handle the Truth Over DFW Air Plan Failure
Here's further proof that Governor Perry has transformed the world's second-largest environmental agency into just another extension of his on-going political campaign.
After waiting for a couple of days for the Texas Commission on Environmental Quality to say something about the failure of its latest DFW clean air plan to reach a 1997 ozone standard by the end of this "ozone season," Downwinders put out a release on Monday criticizing the agency for leaving the air dirtier than when the plan was begun in 2010.
To succeed, the TCEQ plan had to bring smog numbers down at all DFW monitors to 84 parts per billion or below by the end of this last summer, using three-year rolling averages incorporating readings from 2011 and 2010. The agency blithely predicted it would do just that and even published computer-modeled estimates of what the averages would be at the end of 2012. According to TCEQ we were supposed to see record low ozone levels this summer. So low that there would be no violations of the 1997 ozone standard for the first time since it was implemented.
Although the official EPA regulatory deadline to judge the plan a success or failure is June 15th, 2013, it's fate has already been decided by the data collected the three previous summers. That's important to know. TCEQ doesn't get another summer to prove that it's brilliant plan to sit back and watch people buy cars will work somehow, someway. The Clean Air Act only allows them three years to get their act together per plan. The clock started ticking in 2010. It stopped ticking on November 1, 2012, at the traditional end of DFW's ozone season. That was the practical deadline. All that's left to do is type up the report to EPA and submit it come June 15th of next year. They've run of of time.
But unless you've gone through this process before, or had been following the plan closely, you wouldn't necessarily know this. That was the case with Andrew McLemore, a reporter for the Fort Worth Weekly, who'd been assigned to follow up on the Downwinders release and e-mail the TCEQ for a response.
What TCEQ spokesperson Lisa Wheeler said to McLemore was that of course the agency never claimed to be able to meet the goal by 2012. We said we'd do it by June of 2013 – the regulatory deadline. Ohhhhh.
This is a great answer for a term paper that's late, but not so much when there's no more summers between now and June of next year to use in your clean air plan. Ozone data for November to June isn't going to do you any good because (unless global warming really accelerates) that's not the time of year we see high ozone numbers. And the plan has to use the highest of the high numbers. Telling McLemore that everyone had to wait until June to know the final results of the DFW air plan was like telling him to wait for the cake to cool for eight months after its' already been taken out of the oven. The thing is done. It's not getting any bigger, or sweeter-tasting, or rounder. It's not changing character or content. It is what it is right now.
TCEQ knows this. Lisa Wheeler knows that there will be no new numbers to add or subtract from that will make any difference. There will be no 2013 average that they can use to change the results from what they are at this moment. It's all already been determined by this summer's miserable showing, and the miserable showing before that in 2011. That's what makes this answer of theirs so incredibly cynical.
Wheeler apparently wanted to confuse McLemore, in essence saying, "Gee we really didn't fail yet – you have to wait until next June to conclude that. We still have time to change the outcome! " But because the data won't change, the results won't change either.
Don't take our word for it. TCEQ has a whole web page devoted to chronicling the proof that the DFW air plan has already failed – http://www.tceq.state.tx.us/cgi-bin/compliance/monops/8hr_attainment.pl
You'll notice this page, titled "Compliance with Eight-Hour Ozone Standard" has only three columns of data, one for 2010, one for 2011, and one for 2012. No column for 2013. You'll also notice that at the end of that three year cycle, there are two sites with running average that are at or above 85 ppb. The results are in. TCEQ's second clean air plan for DFW to reach the old 1997 standard in the last four years has failed. TCEQ just can't man-up and say so.
Not only has it failed. It's actually left DFW air dirtier than when it began. Here's why:
– Two monitors now have a three year running average (design value) of 85ppb or more. This is the same number as 2010, so no change at all on that front.
– The three year average for the region's highest reading actually went up 1 ppb from 2010 (86 ppb), to 2012 (87 ppb), with a spike of 90 ppb last year. Worse than 2010.
– Six monitors saw a violation of the 85 standard this summer by posting a 4th highest reading that was 85 ppb or above. Only one monitor did that in 2010. 2012 is five times worse than 2010 by this measuring stick.
– The location of those violating monitors is of concern because they moved further east from the northwestern corner of Tarrant County where they'd been "contained" – all the way into central Dallas, where the "Hinton St. monitor" near Mockingbird and I-35 recorded a 4th highest reading of 85 ppb or above for the first time since 2005. Also proof things have gotten worse, not better.
So the latest TCEQ DFW clean air plan achieved the following: More numerous and geographically-dispersed violations, with an increase in average levels of air pollution that takes it further away from the 84 it needs to achieve, instead of bringing it closer.
Heckava job.
To fully appreciate the agency's mendacity in its public approach to this failure, all you have to do is ask yourself how TCEQ would have reacted had it somehow achieved the miraculous decrease in air pollution its clean air plan promised. Go look at the front page of the TCEQ website. It has almost as many diatribes against the EPA as it does real environmental policy news, including opinion pieces written by TCEQ Commissioners. Do you think the agency would have waited until June 15th, 2013 to trumpet its success just because of a meaningless, bureaucratic deadline? Neither do we.
The TCEQ is never going to be a trustworthy source of information or expertise in the fight against DFW smog again while Governor Perry is in office. The sooner local officials wise-up and chart their own path, the better.
Perry’s Politicizing of Science Costs Anti-Cancer Agency its Stars
For most of modern history, Texas Governors haven't served more than two four-year terms and most had trouble doing that. Although they might be able to appoint a lot of folks to state agencies, current Governors couldn't re-make the agency into their own private fiefdom because there were too many members who owed their jobs to former Governors, maybe even ones from a different political party, or with different ideas about policy.
Rick Perry's never-ending-term has changed that. In office for 12 years and counting, he's managed to use time and the power of appointment to remake just about every executive branch agency the state has. And not just at the top, but deep, deep down into the upper and mid-level echelons of power. Because of the work we do, we see it most obviously with the Texas Commission on Environmental Quality, where Perry's influence reaches down to make sure the Chief Engineer is as ideologically-correct as the politically-appointed Chair. As a result, the Commission's science is harnessed in service to Rick Perry's perpetual campaign goals and is never allowed to contradict them.
But now that same MO seems to have backfired when it comes to superstar anti-cancer researchers who don't need the connections or positions Perry offered them.
Via the New York Times, (how come we haven't heard about this as much from Texas news outlets?) comes word that at least seven more scientists joined their former boss, a Nobel Prize winner, in walking out of Governor Perry's "Cancer Prevention and Research Institute." With $700 million in grant money, only the federal government offered more cash for research projects, so what could have forced such a walk-out?
Apparently, the researchers had the quaint idea that they'd actually be working on ways to, you know, cure cancer. Instead, Perry seems to have wanted the fund to provide another pipeline of money to his cronies in industry by focusing on "commercialization projects" that "focus on turning research into drugs or other products that can be sold rather than financing research itself."
Nobel laureate Dr. Alfred G Gilman resigned in protest last May after the Institute voted to approve such a $20 million dollar commercialization project. Now his colleagues are leaving in droves for the same reason.
"Phillip A. Sharp, another Nobel laureate, was among seven scientists who resigned last week, writing in his resignation letter that the agency’s decisions have carried a “suspicion of favoritism” in how the state is handing out taxpayer dollars.
Brian Dynlacht, another scientist who is leaving, warned that the agency was headed down a path of systematic abuses.
“You may find that it was not worth subverting the entire scientific enterprise — and my understanding was that the intended goal of C.P.R.I.T. was to fund the best cancer research in Texas — on account of this ostensibly new, politically driven, commercialization-based mission,” Dr. Dynlacht wrote in his letter."
Let's just be very clear about this. As long as Rick Perry is Governor, anyone who tells you a Texas state agency is an adequate watchdog for any industry, much less the state's polluters, either has no idea how state government works these days, or knows exactly how it works and is sending you down the proverbial garden path.