SocraticGadfly: Texas Commission on Environmental Quality
Showing posts with label Texas Commission on Environmental Quality. Show all posts
Showing posts with label Texas Commission on Environmental Quality. Show all posts

January 11, 2024

Roundup of oil and gas pollution and infrastructure issues

TCEQ: complicit in big polluters dodging federal law. The biggest beneficiaries are often oil-and-gas related, but it's pervasive.

Kermit's infrastructure is crumbling and it's their own fault. This is the future of parts of West Texas in the new Permian boom; I don't think it's as pervasive a mindset in New Mexico, but we'll see.

Related? Midland still has a potential half-problem with wastewater injection wells and it's arguably at least partially its fault.

A German activist nonprofit is taking on Texas liquified natural gas exports on human rights grounds, not (so much)  environmental grounds. That said, in light of the ongoing Russia-Ukraine war and the destruction of the Nord Stream pipeline, are they fighting against German government support for Ukraine back home? If not, this sounds stupid, and for the unaware, the German Green Party, unlike its US counterpart, is a bunch of total war hawks.

December 16, 2014

Fifth Circuit still says "nyet" to whooping cranes

Whooping crane in Texas in flight. John Noll/USDA
Refusing to give serious reconsideration to an earlier decision that that overthrew a federal district court ruling finding the Texas Commission on Environmental Quality liable in whooping crane deaths for not sending enough water down the Guadalupe and San Antonio rivers during drought, the Fifth Circuit Court of Appeals declined to rehear the three-judge panel's ruling en banc.

That said, per the story, it looks like we're headed to the Supreme Court with this; Houston environmental attorney Jim Blackburn has already pledged an appeal.

As he well should. TCEQ doesn't even want to live up to the E in its name.

And, the Fifth Circuit in general is not known for being very enlightened, as dissenting judge Edward Prado pointed out:
The way the three-judge panel handled the case “sends a clear message to litigants: if you don’t like the factual findings of a district court, the doors of our Court are wide open to endless retrials on appeal,” Prado wrote. “This is the wrong message to send, and it evinces an alarming lack of trust in the work of our colleagues in the district courts.”
He continued: Given the eight-day bench trial in the original district court case, one involving ten expert witnesses, “The reweighing of facts in this case is particularly egregious.”

Indeed. Not surprising, though, is it?

The case was originally heard at the district level early last year.

Federal District Judge Janis Jack said the TCEQ failed to adequately manage Guadalupe River water flows, so that enough frewshwater reached the sea ot nourish crabs for the cranes' food.
“Inactions and refusal to act by the TCEQ defendants proximately caused an unlawful ‘take’ of at least twenty-three whooping cranes” in violation of the endangered species act, Jack held.
The biggie that she said drought was and is no excuse. 

And, the drought is likely, in at least some degree, to stick around for a while. And, unlike TCEQ, the Lower Colorado River Authority has, at least in the past, been cognizant of this.

August 13, 2014

Why does #GregAbbott hate the #EPA guaranteeing water quality?

That, and political red meat to tea partiers, is about the only reason he can write the letter he did to the Environmental Protection Agency opposing its new ideas on wetlands, namely, to include seasonal and rain-dependent areas.

Abbott and tea partiers know that this includes lots of West Texas river headwaters, headwaters of rivers that, when damned further downstream, provide a lot of drinking and industrial use waters for Central and East Texas.

But, instead, we get the pout:
The proposal “is without adequate scientific and economic justification and, if finalized, would erode private property rights and have devastating effects on the landowners of Texas,” he wrote as part of a public comment period on the proposal, threatening to sue if it’s not withdrawn.   
Which is, of course, untrue. (The "without adequate scientific ... justification.") The lawsuit threat, coming from Dr. Strangeabbott, is quite real.

The economic justification is also adequate, as I explained above.

On private property rights? I believe said seasonal streams are already marked on maps of deeds, etc., accepted as legal by the state of Texas via its 254 counties. So, this wouldn't involve any change in property rights.

Abbott isn't even a good shyster attorney at times, if I can rebut him that easily.

Meanwhile, the Texas Trib sets this in the background of previous battles by Abbott, often in conjunction with the Texas Commission on Environmental Quality, against the EPA.

That said, there's one person, even more than the political lackeys at the TCEQ, who has the power, in some way, shape, or form, to protect Texas' water quality, and water supply.

His name is Ken Kendrick, and he will potentially have this power if you help elect him as Texas' Agriculture Commissioner.

Friend Perry, about 10 days ago, did an excellent blog interview with Kendrick.

As Perry notes, Kendrick has a broad-ranging campaign that covers:
1. Water safety
2. Water conservation
3. Corporate accountability
4. Food labeling

And more. 

Don't even think about other names, whether they've got a fake D with a camouflage R after their name, or a bright red R.

Just look at Ken Kendrick.

Update: I emailed this link to Kendrick, and he responded, asking what I thought was a good next step forward.

I told him to "preach" the water quality and water supply issues to Central and East Texas. Especially campaigning against two Republicans, he's got a chance to make inroads in any metro area that gets its water from the Brazos or the Colorado.

Those "seasonal streams" that Abbott doesn't give a damn about? In West Texas, they're called "draws" or "arroyos" and they're the headwaters of both those rivers. Other "seasonal streams" feed the Pecos and Rio Grande.

July 01, 2014

Whooping cranes lose today, may win for future

Whooping crane in Texas in flight. John Noll/USDA
I agree with Jim Blackburn of the Aransas Project, on a three-judge ruling within the Fifth Circuit Court of Appeals that overthrew a federal district court ruling finding the Texas Commission on Environmental Quality liable in whooping crane deaths for not sending enough water down the Guadalupe and San Antonio rivers during drought.

The appellate panel ruled narrowly, mainly saying that TCEQ couldn't have had foreknowledge its actions would indirectly kill whoopers.

But, in looking for a silver lining, Blackburn notes that, with the whooper deaths of the suit now on record, the state now knows.

As rivers like the Brazos and Colorado, despite June's abundance of rain, face growing long-term problems, this is more incentive than ever for the state to seriously address long-term problems. The state's long-tern loan fund to build more shallow, high-evaporation reservoir lakes doesn't do that.

Conservation, linking groundwater with streamwater and other work must all be increased.

That said, I noted this is more incentive. Will the state listen? 

As long as TCEQ is run by anti-environmentalists who are also anti-open government, you know the answer.

April 23, 2013

#WestTX fertilizer plant and regulatory #fail and lies

It's a sad day in West, Texas. West Fertilizer's plant has exploded, likely killing several people and definitely injuring more than 100. Jobs are lost for months, even it it employed less than 10 people. Some may never come back, even if the plant's owner does rebuild there, which is of course not guaranteed. In a town as small as West, with a population of under 3,000, the loss of jobs like this will have a huge ripple effect, if even just a few. (And that's not counting all the injured losing work time.)

But, none of this had to happen.

The ammonium nitrate fertilizer blew up after a fire started at the plant.

But West Fertilizer told the Environmental Protection Agency there was no fire danger at the plant.
(T)he report, reviewed Wednesday night by The Dallas Morning News, stated “no” under fire or explosive risks. The worst possible scenario, the report said, would be a 10-minute release of ammonia gas that would kill or injure no one.
And, that's simply not true. And, indeed, the EPA fined it $2,600 for not having a risk management plan. State records identify it as a seller, not a manufacturer, which probably contributed to it drawing lesser scrutiny on safety.

Not only was there fire danger, there was an actual fire earlier this year, that forced a school to be evacuated.
A fire at the plant earlier this year caused officials at nearby West Intermediate School to evacuate the campus, but a memo from West ISD Superintendent Marty Crawford shows school officials had no prior warning of it.
Crawford wrote to parents in February that when school officials called 9-1-1, the dispatcher had no knowledge of what turned out to be a controlled burn of pallets and brush on the property. It is not yet known what started Wednesday’s fire that erupted in a massive explosion just before 8 p.m.
Oh, loverly. Dunno who was supposed to alert the school, but that was certainly a failure, even if it was a controlled burn.

And, speaking of failure, from the same story:
A Texas Commission on Environmental Quality inspector in 2007 noted that the plant was near two schools and within 350 feet of a home, but described the impact potential of the plant as “low,” the newspaper reported.
Whether we blame TCEQ more, or the plant's owner more, there's blame a-plenty here.

And, on paper, even in regulation-toothless Texas, this is why regulatory agencies are supposed to exist.

And, Tricky Ricky doesn't like being asked about that.
“I don’t think it has anything to do with the regulation side,” Perry said. “You all in California are not very knowledgeable about the energy industry” which, he said, “is a fairly dangerous workplace’ compared to other industries.  He argued that worker injuries and deaths would not be reduced by better safety regulations: “It’s not because of lack of regulations.”
What a lie. California is one of the nation's top five oil producing states. It knows plenty about oilfields and trying to improve oilfield safety.

And, on April 22, Tricky Ricky doubled down on his anti-regulatory attitude.

Somewhat related, the Guardian says OSHA hadn't inspected the plant since 1985.

That said, in a relatively conservative (the county went 62-38 percent for McCain in 2008), small Texas town, how many of its residents believed they had adequate regulatory protection? Or, how many believed the talking points of the likes of Rick Perry that Texas was already overregulated, especially regarding the likes of the EPA?

No, not schadenfreude, of course not. Genuine sadness. But, with a bit of head-shaking.

In general, the conservative mindset, contra Chris Mooney's Republican Brain book, which describes it as normally angst-ridden, tends to dismiss worst-case scenarios when doing regulatory oversight. Like Don Rumsfeld and the Iraq War.

That said, per small bits of speculation in such places, yes, it's (roughly) the 20th anniversary of ... but I do not think this is a revenge blast for David Koresh and the Branch Davidian showdown. Not even close.

July 14, 2010

TCEQ idiocy, Big Bend version

In its protesting EPA taking over the environmental permitting process here in Texas, Texas Commission on Environmental Quality shows exactly why EPA needs to take over.

At an appearance in Odessa, TCEQ Executive Director Mark Vickery is even ready to pooh-pooh National Park air pollution:
He also took some shots at a common foe of the TCEQ and many in the oil and gas business — the federal Environmental Protection Agency. The federal and state agencies have been at odds since the EPA took over the operating permit of a Flint Hills Resources refinery in Corpus Christi in May.

“In some areas we need to have some robust arguments and, frankly, a lawsuit, and we’re pursuing some of them,” Vickery said.

While he said Texas is already seeing results of air quality initiatives, Vickery said new federal proposals would be unreasonable.

“If this hits the low range (of proposed emissions standards limits), Big Bend National Park is out of the range for ozone,” he said.

Uhh, excuse me? It IS out of the range for other air pollutants already. Have you actually looked at its air?

In fact, your own agency, under its old name, admitted that:
Pollution has created a haze that impairs visibility on most days, and 6% of the time visibility is less than 30 miles. According to TNRCC, "the decrease in visibility at Big Bend National Park is among the most pronounced of any national park in the western United States." Meanwhile, the National Park Service (NPS) considers Big Bend to have the "dirtiest air" among all western parks.

And don't just blame Mexico:
The study showed that urban and industrial areas of Houston and Galveston on the Texas Gulf coast are a large source of air contaminants, as is a similar region in North Central Mexico.

Houston? Galveston? That would be the oil refineries you refuse to adequately regulate. Or, the coal-fired power plants and their sulfur compounds

No, ozone isn't the primary problem in Big Bend. But it is part of the problem.

November 05, 2009

Good news for Texas air

Al Armendariz, the Southern Methodist University engineering professor who has been highly critical of the Texas Commmission on Environmental Quality's battles against smog in the Dallas/Fort Worth Metroplex, Midlothian cement kiln pollution and other things, is the new Environmental Protection Agency Region 6 administrator. Merry Christmas, Rick Perry!