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DFW Regional Concerned Citizens collaborate to be informed on air quality and water issues. Breathable air and safe drinking water is essential. Air Quality impacts transportation funding, health and quality of life.
Gas drilling in the Trinity and Barnett Shale Aquifiers presents challenges for residents calling for sensible ordinances to balance safety, quality of life, water quality and water availabilty with other resources.
- TCEQ Rules for Service Station VRSs
- TCEQ Emission Tables by County - Barnett Shale
- SMU Pollution Study of Barnett Shale Gas Production, Transmission and Storage
- Preventable Pipeline Hazards
- NPR: Health and Gas in DISH
- News 33 Coverage of Daniel Dr Pipeline May 2009
- NCTCA
- Natural Gas Devastation: An Aerial View
- Natural Gas Devastation - Arial View
- E Arlington - Industrial Pipeline Construction
- Drilling Rigs In Arlington and Grand Prairie
- DFWRCC
- Daniel Dr. DFW Midstreams Pipeline Update
- Corinth Cares
- Child endangerment: Cedar Point Apt.and Bob Cook Park
- Child Endangerment in Arlington - open gas pipeline drilling holes
- Child Endangerment - Sump Holes in Residential Neighborhoods
- Blue Daze
- Atlngton Texan
About Air and Water
Wednesday, July 22, 2009
Jon Stewart interviews Secretary of Energy
Sunday, July 19, 2009
Penalties mean profit for polluters
Way back in the bad old days, many prosperous Texas companies made a happy discovery.
They could earn money by not paying their taxes on time.
Under the law, the penalties they faced for being delinquent on their property taxes were less than they could earn in interest over that period of time.
Tax laws have since been changed to take away the profit motive for tax delinquents.
In another arena, however, we still are in the bad old days. Very prosperous corporations understand that the fines they will be charged by the Texas Commission on Environmental Quality for dumping illegal amounts of pollutants into the air are likely to be much less than they would have to pay to upgrade their equipment and limit their emissions to permitted amounts.
There's no secret about this. Back in 2003 a state audit of the TCEQ found that refineries and other polluters were consistently fined less than what the law called for. What's more, the law often capped fines at considerably less than an amount that would deter polluters.
The result, according to the audit:
“Violators often have economic benefits that exceed their penalties, which could reduce their incentive to comply. For 80 fiscal year 2001, 2002, and 2003 cases we tested, the total economic benefit gained by violators during the period of noncompliance was $8,647,005. However, these entities were fined only $1,683,635, which is approximately 19 percent of the economic benefit gained from being out of compliance.”
Last year a study by the Galveston-Houston Association for Smog Prevention, a good organization with an egregiously cute acronym (GHASP), found that little had changed.
“The economic benefit gained and the cost of compliance thus far avoided are not recovered in the majority of penalties,” the report found, noting that violators thus “gain a competitive advantage over those that comply.”
State Sen. Mario Gallegos introduced a bill this spring that would have required that all fines would be equal to or more than the amount the company saved by not installing nonpolluting equipment and procedures.
If you breathe Houston's air, you won't be surprised to learn that the bill was buried early.
Still, some Houston clean-air activists took heart last month when Attorney General Greg Abbot filed a lawsuit against BP Petroleum on behalf of the TCEQ.
The suit seeks more than $100 million in fines, alleging that BP illegally dumped pollutants into the air at least 46 times, starting when 15 people were killed in 2005 at the company's Texas City plant.
The suit was filed after negotiations between BP and the TCEQ failed.
One clean air advocate said the suit against BP is “a big deal” that supports a local perception that in the past year TCEQ staff has been quietly increasing its enforcement activities while trying not to draw the attention of the agency's business-friendly board.
Others are more skeptical.
“I think it's a long time coming,” said Luke Metzger, director of Environment Texas, an Austin-based nonprofit. “I think they're basically piling on after the EPA fined BP with a huge penalty.”
Still, he said he was glad for the suit, if skeptical that it will go far enough.
Metzger has standing to speak. His organization and the Sierra Club last year sued Shell Oil Co. for allegedly exceeding its permitted emissions at its Deer Park plant by 5 million pounds.
They won a settlement of $6 million plus an agreement by Shell to reduce its emissions by 80 percent within three years or face more penalties.
Metzger says more suits are in the works.
Here's a sweet competition for you: Can the TCEQ and the attorney general enforce clean air laws better than a little old nonprofit? Any bets?
Read more in the Houston Chronicle
Friday, July 17, 2009
Midland Texas Wells Contaminated with Chromium
Beverly Crouch spent hundreds of dollars on chemicals last fall to try to get the green tinge out of her backyard pool.
It wasn't until two months ago that she learned why the chemicals she put into her 13,000-gallon, above-ground pool wouldn't clear the water. The green color came from well water contaminated with hexavalent chromium, a known human carcinogen.
Crouch, 44, isn't alone. Some of her neighbors' wells gushed water the color of urine.
Texas environmental officials are still trying to determine the extent of the contamination. Later this month, they will ask the U.S. Environmental Protection Agency to consider the site for federal Superfund status.
After that, efforts will begin to find who dumped the dangerous chemical, which appears to have been in the area for years, according to one environmental investigator.
Residents have enlisted the help of Erin Brockovich, who helped Hinkley, Calif., residents after their groundwater was found to be contaminated by the same chemical.
Industrial workers who breathe airborne hexavalent chromium may get lung cancer, and it can irritate or damage the nose, throat and lungs if inhaled at high levels. It can also damage eyes or skin.
People and animals exposed to hexavalent chromium in drinking water face an increased risk of stomach tumors.
As of June 30, the Texas Commission on Environmental Quality has found contamination in about one-third of the 125 wells tested in Cotton Flats, a community south of Interstate 20 on the fringe of Midland.
Most of the Cotton Flats homes are in Midland County and are not connected to the city's water supply.
The highest reading was 5,250 parts of chromium per billion — or more than 50 times the maximum allowed by the EPA.
Hexavalent chromium compounds, a toxic form of the element chromium, are man-made and used as an anticorrosive and rust inhibitor; in chrome plating; in pressure treating of wood; in dyes and pigments; and in leather tanning.
The state environmental agency continues to test wells; so far the commission has spent more than $1 million on testing and dealing with the contamination. Texas law allows the agency to seek reimbursement from polluters for costs associated with dealing with the contamination. Such costs would include filtration systems the commission has installed at homes where levels of hexavalent chromium exceed the EPA maximum.
The filtration systems provide water that is safe for all household uses, agency spokeswoman Andrea Morrow said.
The well tests began in early April, but it not known how long the chemical has been in the groundwater, Morrow said.
The concentrations of hexavalent chromium are the highest he's ever seen in groundwater, and he believes the chemical has been in the groundwater for up to five years.
The culprit is definitely oilfield activity, Bowcock said, saying that's the only industry in the area.
Bowcock and some Cotton Flats residents believe Schlumberger, an oilfield services company, is responsible. In an e-mailed statement, company spokesman Stephen T. Harris denied Schlumberger is to blame.
"Schlumberger fully appreciates the concern of the public and continues to cooperate with the TCEQ to help identify sources of chromium in the area," Harris wrote. "Independent groundwater tests, however, indicate that the source of the contamination is likely an adjacent site unrelated to our facility."
Sheldon Johnson, who has lived in Cotton Flats for 17 years and works for the city of Midland, said he doubts whoever is responsible will step forward.
Johnson and others frequently check and change the filters inside the system to ensure they are working properly. The potential heath threat is never far from their thoughts.
Read more in Dallas Fort Worth Injury Lawyer
Thursday, July 2, 2009
Wednesday, July 1, 2009
CLIMATE CHANGE: EUROPE FEELS THE U.S. SNEEZE
LONDON (IPS) - Governments and interest groups around the world followed the U.S. House of Representatives' vote Friday on the first U.S. policy to limit the country's greenhouse gas emissions. They were especially interested in Europe, where a system similar to the bill's cap-and-trade scheme already exists and where EU countries agreed last December to tough emissions targets.
The reaction among European groups has been as mixed as it has been among their U.S. counterparts, with the notable difference that those opposing the passage of the American Clean Energy and Security Act, or the Waxman-Markey bill, largely feel it does not go far enough.
Most of the 212 U.S. representatives that voted against it, on the other hand, felt it imposed excessive restrictions and costs.
"We are disappointed. The U.S. has a responsibility when it comes to climate change," Sonja Meister, climate change coordinator for Friends of the Earth Europe told IPS Friday. Developed nations need to reduce emissions by at least 40 percent by 2020, she said, referring to the Intergovernmental Panel on Climate Change's recommendation for the most ambitious government action.
The U.S. bill calls for a reduction in U.S. greenhouse gas emissions of 17 percent by 2020, compared to 2005 levels. The EU's '20-20-20' targets call for a 20 percent reduction over the same time, compared with 1990 levels.
The position taken by many in Europe is that anything is better than nothing, however. EU Commission President Jose Manuel Barroso was quoted by the Associated Press Friday as saying, "We want the U.S. to go as far and as fast as they can on climate change. We want Waxman-Markey to succeed."
On Monday, Lena de Visscher, the Commission's spokesperson for the environment office, told IPS, "We welcome the approval of the Waxman- Markey bill by the House. This is an important signal of Congress's desire for the U.S. to re-engage in the global debate on climate change."
The French daily Le Monde led its Sunday-Monday edition with the headline 'Climate: Barack Obama launches his green revolution', largely focusing on the change in policy since last year when, it says, "a law aiming to fight climate change would have been unthinkable."
This rejoicing that legislation addressing climate issues is on the table now after eight years of silence under the Bush Administration is not universal, however.
Leaders in Europe were following the Waxman-Markey bill very closely, said Martin Kaiser of Greenpeace International last week from Amsterdam. They are pleased legislation is on its way after nothing happening under former president George W. Bush, but are uncomfortable with the level of emissions targets at the moment, he said.
The cap-and-trade aspects of the bill have also been criticised in European environmental circles, where they have seen first-hand the successes and failures of their own Emissions Trading System (ETS).
The EU's system, agreed in 2005, distributed a set amount of allowances to industry, mainly in the energy sector. These were distributed for free initially, though the goal was to sell the carbon permits in auction by 2013. Many concessions, including the partial delay of this auctioning, were wrangled by industry as the EU tried to strengthen the ETS in order to bring it in line with the 20-20-20 targets last winter, and the story of U.S. legislation looks very similar.
Concessions to industry and opposition in the House led to the Waxman- Markey bill's original hopes being set aside in the name of simply getting something passed. Among the concessions included in the final draft, the bill would initially distribute 85 percent of allowances for free.
According to Meister, cap-and-trade programmes could work well, but only when they have 100 percent auctioning for all sectors, no offsetting, and earmarking of revenue to help the countries and industries that need the most help in adapting.
"Governments tend to over-rely on market-based solutions," she said. "Because of our experience in the EU, I'm skeptical that this could work, particularly because of the pressure that will come from industry and the loopholes that will develop over time as businesses adapt to the new restrictions."
But the most interesting aspect for Europeans may be not the efficacy of the legislation in the U.S. but the way it affects international climate change discussions, as will take place at the G8 talks in Italy Jul. 8 to 10.
De Visscher, speaking for the European Commission, said the bill shows the U.S. is "ready for a climate change deal in Copenhagen at the end of this year."
There seems to be one consensus - U.S. domestic legislation has an international effect which can raise or lower the bar for everyone else.
"It is really hard to push the EU to enact stronger targets if everyone else is much weaker," says Meister. "The EU says, 'Look, we have the strongest emissions targets.' But even those targets aren't in line with the science."
The bill now moves to the U.S. Senate, where it is expected to face even more scrutiny and criticism than it did in the House. The debate will surely continue in Europe, as well. Read more in TerraViva EU
Thursday, June 25, 2009
Limits on Emissions Have Wide Support
Three-quarters of Americans think the federal government should regulate the release into the atmosphere of greenhouse gases from power plants, cars and factories to reduce global warming, according to a new Washington Post-ABC News poll, with substantial majority support from Democrats, Republicans and independents.
But fewer Americans -- 52 percent -- support a cap-and-trade approach to limiting greenhouse gas emissions similar to the one the House may vote on as early as tomorrow. That is slightly less support than cap and trade enjoyed in a late July 2008 poll. Forty-two percent of those surveyed this month oppose such a program.
The Washington Post-ABC News survey showed that support slipped slightly when people were asked whether they would be willing to pay higher prices in general or higher electricity bills in exchange for significant decreases in greenhouse gases. Although 62 percent of those surveyed said they would support regulation even if it raised the price of purchases and 56 percent would back cap and trade if it resulted in a $10 increase in utility costs, 44 percent said they would back a cap-and-trade system if it boosted monthly electricity bills by $25.
"I think there hasn't been enough regulation," said Janet Opkyke, 60, a freelance book editor in northern Michigan. "Way back when deregulation started, I thought it was the wrong thing to do. I thought it was a license for greed. And I'm glad to see it swinging the other way." She added, "I think greenhouse gases are very harmful, and we have to do something about it."
Cap and trade is a signature issue for President Obama and the Democratic congressional leadership, and it is the centerpiece of the 1,201-page climate bill co-sponsored by Reps. Henry A. Waxman (D-Calif.) and Edward J. Markey (D-Mass.). House Speaker Nancy Pelosi (D-Calif.) hopes to bring the measure to the House floor for a vote tomorrow -- before a week-long recess for the Fourth of July holiday -- but a dispute with Republicans over annual spending bills could delay that plan.
Pelosi called the bill "a wonderful collaboration," and most environmental groups and a large number of companies endorsed it yesterday, despite last-minute concessions made to win the support of farm-state lawmakers led by the chairman of the House Agriculture Committee, Rep. Collin C. Peterson (D-Minn.).
"These changes will not help the cause of making real reductions in greenhouse gases," said Frank O'Donnell, president of Clean Air Watch. "And even some strong supporters of the Waxman-Markey legislation are now holding their noses, as if on the perimeter of a hog farm."
Nonetheless, American Farm Bureau Federation President Bob Stallman said yesterday in a statement that despite the changes, the group still opposes the "seriously flawed" climate legislation.
A cap-and-trade system sets a limit on the nation's emissions of greenhouse gases, then issues or auctions emission allowances that can be bought or sold by individuals, funds and companies. Over time, the cap is lowered to reduce the nation's emissions. Making emitters pay for carbon dioxide, a byproduct of burning fossil fuels, would provide incentives for developing renewable energy sources and new technologies to limit emissions from coal plants.
Debate over the cap-and-trade approach has focused on the cost to the average American. The Congressional Budget Office estimated this week that cap and trade would cost the average U.S. household $175 a year in 2020, but House Republicans have pushed the message that the legislation would cost many times that and drive millions of jobs offshore.
That message has failed to sway liberal and moderate Republicans, 60 percent of whom back a cap-and-trade program, but it appeals to the party's conservative base.
Tiffany Collins, 31, a part-time children's activity director at a church and a mother of four in Riverside, Calif., said she does not think greenhouse gases are causing climate change. She said she read a report on the Internet saying climate change was linked to changes in the sun's activity. But in any case, she does not support government intervention. "
I'm opposed to the government overregulating just about everything. It costs us money, and they don't do a very good job of it," she said.
One argument used by foes of climate legislation is that the United States should not take action unmatched by China and India, among the world's fastest-growing economies and sources of greenhouse gases. But the Post-ABC poll showed that six in 10 Americans favor U.S. action, even if other countries do less to confront climate change.
One of the sharpest dividing lines in attitudes toward climate legislation was age, with younger adults more receptive to cap and trade and federal regulation of greenhouse gases. Nearly two-thirds of those younger than 30 said they support cap and trade, and eight in 10 support federal limits on emissions. Among seniors, about four in 10 said they back a cap-and-trade proposal, and half favor federal intervention on emissions.
Sensitivity to increased prices is highest among those in households with incomes under $50,000. Nearly all of the drop-off in support for cap and trade or other greenhouse gas regulation comes among people who live in such households. Those in higher-income households were relatively unfazed by the increased costs.
The Post-ABC poll was conducted by telephone June 18 to 21 among a national random sample of 1,001 adults; results have a margin of sampling error of plus or minus three percentage points.
Staff writer Paul Kane contributed to this report.
Read more in the Washington Post
Saturday, June 20, 2009
Barnett Shale rights of way bill among 37 vetoed by Perry
By Dave Montgomery - Fort Worth Star-Telegram - June 19, 2009
AUSTIN — Gov. Rick Perry on Friday vetoed 37 bills passed by the 2009 Legislature, including a measure that would have allowed natural gas pipelines in the Barnett Shale to be routed along state rights of way.
Perry also struck down a major expansion of pre-kindergarten programs sponsored by state Rep. Diane Patrick, R-Arlington, along with bills sponsored by two other House members from Tarrant County. Sunday is the deadline for Perry to deal with legislation.
Perry signed the nearly $182 billion budget to run the state for the next two years. But he cut $288.9 million through line-item vetoes, mostly appropriations for bills that were either vetoed or failed to make it through the Legislature.
The budget includes $5 million that will allow the University of Texas at Arlington’s School of Nursing to establish a regional nursing education center. The program intends to double the number of undergraduate nursing students from 400 to 800 by 2012, according to a university news release. The appropriation was sponsored by state Sen. Chris Harris, R-Arlington.
"I am proud of the accomplishments lawmakers made this session and thankful for their solid leadership," Perry said. "However, there was some legislation that, in its final form, would have done more harm than good to our citizens."
Barnett Shale
In vetoing the Barnett Shale bill sponsored by state Sen. Wendy Davis, D-Fort Worth, Perry said he agreed that the measure "would provide a benefit to communities and reduce the impact on private property owners." But, he said, the measure, Senate Bill 686, conflicted with a similar bill he signed into law that permits gas corporations to lay and maintain lines under public rights of way.
Davis’ bill was a top priority for Fort Worth during the legislative session and was aimed at easing disruptions in residential areas as a result of natural gas drilling.
On Friday night, Fort Worth City Councilman Jungus Jordan said city officials would review the bill Perry referred to — House Bill 2572 — to determine whether the city could use it to meet its goal of routing natural gas pipelines away from residential neighborhoods.
"We’re going to have to sort through it," said Jordan, saying the city’s fundamental objective is to accommodate "the need for pipelines without interfering with the quality of life in neighborhoods."
Perry said HB 2572 "accomplishes the same objectives statewide while ensuring that pipelines are installed using the highest safety standards."
Pre-kindergarten
Patrick’s bill would have created a grant program to enable eligible school districts to implement or continue full-day pre-kindergarten programs.
Perry said that a similar grant program exists and that the $25 million appropriated for Patrick’s bill could be used to dramatically increase the number of students served through the program.
Passage of the bill was a major legislative accomplishment for Patrick, a former teacher who served on the Arlington school board. She could not be reached to comment Friday night.
The Texas Public Policy Foundation, a conservative think tank, applauded Perry’s veto, saying it would have created "an additional and unnecessary government" pre-kindergarten program.
Tarrant County reps
Reps. Marc Veasey, D-Fort Worth, and Todd Smith, R-Euless, also lost bills to Perry’s veto pen.
Smith was the sponsor of House Bill 3148 that would have allowed certain defendants to petition a judge for an exemption from registering as a sex offender. The legislation would have applied only to age-based offenses involving consensual sex in which the defendant was no more than four years older than a victim who was at least 13 years old.
Smith, a lawyer, said the bill was designed to protect teens and young adults engaged in consensual sex from being branded as sex offenders. But Perry said the bill "fails to adequately protect young victims."
Veasey’s bill, House Bill 3481, would have permitted criminal records to be expunged in cases in which no charges resulted from an arrest or investigation. In vetoing the bill, Perry said it "precipitates an untenable injustice to victims and a hazard to public safety."
Veasey said the veto was unwarranted. "I’m shocked," he said. "I thought this was a good chance to give innocent people back their names."
Other legislation
Perry has used a lighter hand with his veto pen this year. Shortly after his first session as governor in 2001, he set the known record for vetoes by a Texas governor with 83. He vetoed 49 bills after the 2007 legislative session.
Gov. George W. Bush had far fewer vetoes during his tenure. His highest total for a legislative session was 38 in 1997.
Other vetoes Friday included:
A bill that would have made it easier for Child Protective Services to remove children from a home while investigating possible abuse. The governor agreed with critics that the measure would infringe on the rights of parents and guardians. At the same time, Perry ordered the Department of Family and Protective Services to develop statewide procedures for seeking court orders without compromising the rights of parents and families.
A proposal to require that drivers give bikes, motorcyclists and pedestrians at least a 3-foot space when passing,
A resolution that would have requested that Perry appoint a task force on horse and greyhound racing,
A measure that specifies what types of marketing and public opinion campaigns the Texas Department of Transportation can spend money on.
Perry signed legislation allowing public schools to buy electronic textbooks, saying it will "further propel Texas schools into the 21st century and ensure that our students have access to the most up-to-date information available in each subject."
And he said he would allow nine bills to become law without his signature, including a resolution that would have designated the Brady World Championship BBQ Goat Cook-off as the official state goat barbecue championship cook-off.
This report includes material from The Associated Press.
Read more in the Fort Worth Star-Telegram
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