Who’s Keeping Our Air Clean? May 6

Who’s the toughest enforcer of clean-air laws in Texas? Oddly, the answer appears to be “nonprofit groups.”

Houston Chronicle, May 5, 2009

Yesterday, The Houston Chronicle published “The Short Arm of the Law.” Normally, the ACT website does not comment on the articles listed in the left column of the homepage. However, this editorial describes the state of clean air enforcement and protection in Texas as well as anything we have read during the 81st Session. We strongly recommend that you read the it in its entirety.

The editorial board commends Environment Texas and the Lone Star Chapter of the Sierra Club for their successful suit against Shell Oil for over 1,000 “upset” emissions at its Deer Park refinery. A landmark settlement of $6 million was announced in Houston on April 23rd. (Environment Texas and the Sierra Club plan to spend this money cleaning Houston’s air.)

Where, you might wonder, was the state’s official enviro-cop unit, the Texas Commission on Environmental Quality? It turns out that the TCEQ knew good and well about Shell’s illegal releases. (Environment Texas director Luke Metzger says that the environmental groups found out about them by combing the agency’s own database.) But the TCEQ leveled only light fines, and it didn’t force Shell to mend its ways. [emphasis added]

TCEQ knew. They knew about the upset emissions because they were tracking them. They knew that these emissions were in violation, so they fined Shell Oil. But the fines were too small to make a difference to such a profitable company and the TCEQ did not require Shell to fix the problem. (The settlement requires Shell to reduce upset emissions by 80% over the next three years.

Every Wednesday for the past two months, the House Committee on Environmental Regulation has held public hearings. Every Wednesday, at least one bill is heard that would make the TCEQ do a better job of protecting Texans’ health. Bills have been heard that would strengthen the permitting process, improve air monitoring technology, or require the agency to comply with federal law. And every Wednesday, industry representatives oppose these bills, saying they would impose an unfair burden on business.

Thanks to The Houston Chronicle for drawing attention to this suit, this settlement and the agency that isn’t doing what it should to protect the health of all Texans. Now it’s up to the 81st Legislature to make the TCEQ a stronger, more effective agency that will work with us to keep our air clean.