Filling the gap When the state won’t take on a dirty job

By Editorial - HOUSTON CHRONICLE - Aug. 23, 2009

City of Houston officials have wrestled for years with this dilemma: How do you prevent industrial facilities from violating clean air standards if the state agency entrusted with that responsibility doesn't do the job?
Environmental groups frustrated by that inaction are now taking polluters to court, with encouraging results. In the latest example, the Sierra Club and Environment Texas have filed a federal suit to force Chevron Phillips Chemical to reduce emissions of air toxics at its Cedar Bayou chemical plant in Baytown.
In court filings, the groups claim that since 2003 the plant has illegally released more than a million pounds of toxic, carcinogenic chemicals, including benzene and 1,3-butadiene. Most of the releases occurred during so-called “upsets,” which occur during startups, shutdowns, and other non-routine activities.
The litigation is being brought under a provision of the Clean Air Act empowering private citizens affected by illegal pollution discharges to file federal suits if state and federal regulators do not take action.
This is the second time that the two groups have used the citizen suit provision against a Houston-area company. Last year the target was the Shell Oil Deer Park refinery and petrochemical complex. That resulted in a landmark settlement in which Shell agreed to reduce emissions and pay nearly $6 million for past Clean Air Act violations.
Reacting to the latest suit, a Chevron Phillips spokesman claimed the company is complying with existing laws and has reduced emissions.
Neil Carman, a chemist and the Clean Air Program director for the Lone Star chapter of the Sierra Club, says a single discharge of emissions from the Cedar Bayou facility 10 years ago created the highest levels of ozone in Houston in the last 20 years.
The director of Environment Texas, Luke Metzger, says citizen suits are necessary “because the state of Texas has failed to stop such violations at Cedar Bayou and elsewhere and enforce the law themselves.”
The support evidence filed in the Chevron Phillips suit is based on analysis of the company's own reports submitted to the Texas Commission on Environmental Quality. It's inexcusable that the state agency responsible for enforcing clean air laws apparently can't be bothered to look at what's right under its nose.

Vote Yes on Proposition 4 - Action Alert from Environment Texas

It is that time of year again. The leaves are falling, pumpkins are wilting on our doorsteps and there are important decisions to be made in the upcoming election.

There are 16 constitutional amendments on the ballot, one of which -- Proposition 4 -- includes funding for critical repairs and maintenance for our state parks. The small percentage of dedicated voters who actually get to the polls determine whether or not these propositions pass, so vote early, vote often and vote "yes" on Proposition 4.

To see early voting polling places, click here.

Information about all 16 propositions.

BACKGROUND

Texas deserves a world-class parks system, but for years our state parks have been starved of the necessary resources they need. This has caused park ranger lay-offs, reduced access and dilapidated facilities. The state has even considered selling off part of Big Bend Ranch State Park to a private developer.

However, the tide is beginning to turn. Last session the legislature tripled funding for our state parks. Now, voters need to authorize $52 million of that money for essential repairs and maintenance of our parks.

Some of our most cherished state parks like Enchanted Rock, Palo Duro Canyon and Garner State Park will be able to take advantage of these funds. These natural areas are true Texas treasures that all residents should have a chance to visit. They include historic structures, like the Garner Pavilion, where Texans have been two-stepping since the 1930's. Decades of neglect have left these facilities in disrepair. Proposition 4 will ensure that these structures are upgraded and preserved for the future. Battleship Texas will also get $25 million for long-term preservation.

Proposition 4 also includes funding for many other state agencies. This includes money for asbestos abatement, courthouses, historic sites, mental-health hospitals and schools, emergency response centers, the Texas School for the Deaf, Camp Mabry maintenance, new prisons and maintenance of existing prisons (the legislature would need to approve the contruction of new prisons), crime labs, among other things.

Here is how Proposition 4 reads:

"The constitutional amendment authorizing the issuance of up to $1 billion in bonds payable from the general revenues of the state for maintenance, improvement, repair, and construction projects and for the purchase of needed equipment."

We have a lot of work to do to ensure that Texas gets the park systems it deserves. We are working to get the legislature to provide permanent funding for our state parks, so we don't have to fight for their survival every two years. We also need the state to initiate a major land acquisition program so we have more open spaces to explore and enjoy. But before that becomes a reality, we need to pass Proposition 4 on the November ballot.


Sincerely,

Luke Metzger
Environment Texas Director
http://www.environmenttexas.org