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Archive for February, 2011

The protests in Wisconsin. The passage of the CR in the House in the dead of night over the weekend. And the continued debate over how to balance the Texas $26 billion budget gap. We kept getting told there are no sacred cows- that all have to share in the burden and pain of budget squeezing.

But realpolitik has shown exactly where the real sacred cows are, while corporate tea party crusaders use the budget crises as a reason to bust unions, raid pensions funds, and slash health services and education budgets, they are leaving intact the tax breaks for oil and gas companies.

Let’s talk Texas first:  a new study out this morning by the Texas Tribune showed that Texans want a balanced approach to fixing the budget.  The single most popular answer was a 50/50 split of revenue enhancements and spending cuts.  However, when you asked people what they wanted to cut spending on, the answer was a resounding NO! to educationTexans say no to budget cuts cuts, NO! to health services cuts, NO! to environmental reg cuts. And when asked where to increase revenue, it was equally sticky.  The single most popular options, the only ones which get over 50% support, was to legalize casino gambling and increase alcohol taxes.  But taxing vice can only get us so far.

One of the things not touched by the poll were the enormous tax breaks we give to the natural gas industry, one which the LBB has suggested eliminating, namely a $7.4 billion tax cut to oil and gas companies using “high cost” wells- which generally means one thing: hydro-fracturing. Fracking is used on areas like the Barnett Shale and has been linked to spoiled water, a cancer cluster located in Flower Mound/Dish, and natural gas turning tap water flammable, and a garden hose into a flamethrower.

At the very least, all of the drilling is producing more air pollution than all of the cars and trucks in the Dallas-Forth Worth area. So to add insult to industry, not only is the drilling on the Barnett Shale ruining families’ homes and making people sick, but we are paying the companies billions of dollars in pork to do it, robbing school children and those who need a hand from social services.

And to kick us even more when we’re down, Chesapeake Energy has the audacity to say if their corporate welfare goes away, they’re going to have to curtail drilling on the Barnett Shale.  From the Star-Telegram’s story:

An executive with Chesapeake Energy told members of the Tarrant County legislative delegation Wednesday that the company would consider curtailing activity in Texas if the exemption is discontinued.

“We’d have to look at it on an individual well basis, but I think it’s pretty safe to say that we would reduce our activity in the state of Texas,” Adam Haynes, senior government affairs director for Chesapeake, said after his appearance before lawmakers. “It certainly affects the Barnett Shale, absolutely.” (more…)

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The next time you bite into that double quarter-pounder with cheese, you may want to think twice about it.  Literally though, once for your health and once for Mother Nature dearest.

The livestock and agricultural industry is the single largest producer of methane, one of the biggest contributors to global warming.  In fact, 100 million tons of methane is produced each year by the animal agricultural business alone.

About 85% of the people I’ve talked to, had no idea that eating meat had such a big impact on the environment.  It’s understandable that the general public cannot cease use of all fossil fuels, electricity, and gas-guzzling SUVs, but altering your diet toward a more plant-based focus is both one of the easiest things to do to decrease your carbon footprint, as well as quickest.  You may not be in a position to trade in your car for the latest electric vehicle, but you can be aware of the choices you make at the grocery store. (more…)

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Local Farms Day Flier

This Monday the Farm and Ranch Freedom Alliance (FARFA) will be hosting an education day at the Texas Capitol about farming and local foods.

Understanding how our food is grown and distributed is crucial to our health and mental well-being.  FARFA urges the public to investigate the implications of big Agribusiness’ practices upon our health as well as that of plants and animals.

I personally altered my own diet in the past year after considering how GMOed foods, pesticides, agricultural runoff, food additives, and meat and dairy industry practices affect both my body and our Earth.  I feel a lot better already!

Although not instantly apparent, Public Citizen and FARFA promote some similar ideas.   Contributing to local economies reduces carbon emissions by reducing the physical distance a product must travel to get to a consumer.  Large Agribusinesses pollute local water supplies with higher concentrations of chemical and animal waste runoff.  Interestingly, cattle emit nearly as much carbon as cars do.

This day is important to all of us because when it comes down to it,  food, shelter and water are the only basic human necessities and local farmers have invaluable knowledge about how to supply quality food and water to our communities.

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Senator Troy Fraser (R-Horseshoe Bay)

Senator Troy Fraser (R-Horseshoe Bay)

Senate Natural Resources Committee Chairman Troy Fraser (R-Horseshoe Bay) said he expects to act on legislation (Senate Bill 527) that would allow the state to tap into funds from the Texas Emissions Reduction Plan to pay for air monitoring activities near natural gas drilling operations.  North Texas Senate Republicans Chris Harris, Craig Estes, Jane Nelson and Florence Shapiro along with Democrat Royce West have signed on as co-authors.

Senator Wendy Davis (D-Fort Worth)

Senator Wendy Davis (D-Fort Worth)

Late last year, Senator Wendy Davis (D-Fort Worth) filed a bill (Senate Bill 102) that would require the Texas Commission on Environmental Quality to tap TERP funds to “conduct short-term and long-term air quality monitoring” to gauge the levels of such pollutants as particulate matter, nitrogen oxides and volatile organic compounds near various natural gas operations in the Barnett.

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Senator Wendy Davis (D-Fort Worth) filed Senate Bill 772, which, if passed, would require companies using hydraulic fracturing to mine natural gas in Texas to include a unique tracer compound enabling regulators to determine which party is or is not responsible in the event that the fluids find their way into drinking water supplies.

Sen. Davis compared the tracing compound to “DNA” for gas drilling companies. She said the measure would protect both landowners and the operators in the state’s growing shale plays and resolve questions regarding groundwater contamination allegations.

If an effective tracer compound had been used by Range Resources, it might have gone a long way toward settling a dispute between the Fort Worth company and the U.S. Environmental Protection Agency over two contaminated wells in Parker County containing methane, benzene and other compounds found in natural gas fracking operations.

To see a copy of Davis’ bill, click here.

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Nuclear Information and Resource Service (NIRS) are asking folks to sign on to a petition to the Prime Minister of Japan and his Cabinet in opposition to proposed loans from the Japan Bank for International Cooperation (JBIC) for the construction of two new nuclear reactors in south Texas.

NIRS is also sending a letter signed by a large list of organizations from the U.S., Japan and other international NGOs.  We don’t believe JBIC has ever received this kind of international attention on a nuclear issue before—indeed, this loan is being considered before JBIC has even drawn up guidelines for funding nuclear projects! And it would be a bad deal for JBIC and Japanese taxpayers, as well as people in Texas.

If you want to sign on to the petition to the Prime Minister, click here.

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John Carona, republican senator from Dallas and chair of the Senate Business and Commerce committee (one of the two Senate committees that jointly heard testimony on the rolling blackouts earlier this week) told the Dallas Morning news that he doesn’t think the Legislature needs to inact any new laws to prevent another day of rolling outages.

On the other hand, the chair of the Senate Natural Resources committee, Troy Fraser, republican senator from Horseshoe Bay, is making plans for legislation.

Check out the blog by Dallas Morning News reporter, Elizabeth Souder by clicking here.

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Three Texas Republican Congressmen (Poe, Barton and Carter) successfully attached an amendment targeting the EPA to a continuing resolution on spending that is needed to keep the federal government in business for the seven months remaining in the current fiscal year

The amendment would thwart the ability of the Environmental Protection Agency to enforce regulations limiting greenhouse gases.

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Dr. Al Armendariz (EPA Region 6 Director)

Dr. Al Armendariz (EPA Region 6 Director)

The EPA and Texas are in a dispute over whether the EPA can legally regulate greenhouse gases such as carbon dioxide, and whether it has a right to issue greenhouse-gas permits in Texas when the state refuses to do so.

It become necessary on Jan. 2nd for the nation’s largest new industrial expansions – chiefly power plants, cement kilns and major factories – to have permits showing how they will use “best available control technology” to reduce greenhouse gases.  That action derived from a 2007 decision in which the U.S. Supreme Court said the Clean Air Act authorizes limits on greenhouse gas emissions.

In every other state except Texas, state agencies began issuing the permits, or plan to do so after their procedures are in place and provided the EPA with a written plan on how they intended to procede.  Texas has refused to take part, saying the EPA overstepped its authority and usurped the state’s rights by regulating greenhouse gases. The Texas Commission on Environmental Quality (TCEQ), the state agency charged with regulating air pollution in Texas, has joined Abbott and Perry in opposing the EPA, filing a lawsuit and issuing a written statement saying the state’s position has been well-documented.

On January 14, 2011, scores of Texans backed the Environmental Protection Agency and blasted Texas officials at a hearing in Dallas on the federal takeover of greenhouse-gas permitting in the state.  Who didn’t attend the hearing the Texas Commission on Environmental Quality. Nearly every speaker who did attend the hearing, however, expressed little or no confidence in Texas officials’ ability or desire to protect the environment.

If you have the time, we invite you to watch our taping of the hearing. (more…)

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NRC LogoReprint of NRC notice No. 11-027
February 16, 2011

PUBLIC MEETING FEB. 24 TO DISCUSS REVISIONS TO KEY NRC DOCUMENT ON
CLASSIFICATION OF LOW-LEVEL RADIOACTIVE WASTE

The Nuclear Regulatory Commission will hold a public meeting Feb. 24 in Rockville, Md., to discuss potential revisions to a key document used by agency staff in classifying low-level radioactive waste for disposal.

The agency is also seeking written public comment on revisions to the document, known as the Branch Technical Position on Concentration Averaging and Encapsulation (CABTP).  (Yeah, I have no idea what that means either, but I do know that there are plans afoot to bring a whole lot of low-level radioactive waste to Texas so we should probably pay attention to what is classified as low-level radioactive waste)

The public meeting will be held at the Legacy Hotel Meeting Rooms, 1775 Rockville Pike, Rockville, Md., from 8 a.m. to 5 p.m. on Feb. 24. Public comments will be accepted through April 15.

(more…)

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We are truly in danger of losing the coal ash fight because of two anti-coal ash amendments tacked onto the House budget legislation.  We anticipate that the first amendment (No. 10) will be on the floor THIS AFTERNOON.

These two amendments, Amendment 10 offered by Congressman Cliff Stearns (R-FL) and Amendment 217 offered by David McKinley (R-WV), would prevent EPA from regulating coal ash as a hazardous waste by explicitly preventing the funding of a subtitle C rule.  If passed, the amendments, which are nearly identical, would require EPA to regulate coal ash as a nonhazardous waste under subtitle D.  EPA’s only option would be to issue guidelines for states that not mandatory and that are unenforceable by EPA.  The amendments would maintain the status quo of lax (or absent) state oversight of coal ash dumping and would guarantee that polluters will have the legal right to continue to dump coal ash in unlined pits and ponds. 

Earthjustice is asking you to call your representative in Congress TODAY and ASK THEM TO VOTE NO ON AMENDMENTS 10  AND  217. 

Your calls will make a difference.  Even if we lose in the House, if the margin is not great, we may be able to defeat the amendment in the Senate.

Calling is simple: Locate the telephone number of your member of Congress by using the link below – just insert your zip code.  http://www.contactingthecongress.org/

THANK YOU for your help at this critical time.

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Oak Grove coal fired power plant was one of the plants that caused rolling blackouts in Texas on February 2, 2011ERCOT just released an updated list of all of the power plants that were not operating Feb 2, contributing to the power shortages that caused the rolling blackouts.  That document is here, but we present the data below for your convenience.

Notice a trend? Natural gas and Lignite coal were the main power sources that couldn’t cope.

Meanwhile, the wind really saved our bacon. And since wind companies’ standard operating procedure is to bid into the market at $0 for their extra capacity (no fuel charge, so it doesn’t cost them anything to turn on the extra turbines if the wind is blowin’: unlike a gas plant that has to, you know, pay for their gas. Assuming they can get gas, that is.) wind did not contribute to the high prices of energy or manipulate the market.

For an even more in depth rundown, please see our testimony our Deputy Director, David Power, gave in front of a special joint session of the Senate Business and Industry and the Senate Natural Resources Committees.

PS- Sorry if the formatting on this list is hard to read- we tried as best we could to get all the data on here. (more…)

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State Rep. Warren Chisum, a Republican from Pampa, Texas plans to seek a place on the Texas Railroad Commission (RRC), either by gubernatorial appointment once Michael Williams resigns in April or by running for the seat expected to be vacated next year when Elizabeth Ames Jones declines to seek re-election because of her aspirations to the U.S. Senate.

The 72-year-old lawmaker has served in the House since 1989 and is an oil and natural gas producer and rancher who began his career on oil drilling rigs and in truck yards.  A key lieutenant of former Speaker Thomas Russell “Tom” Craddick, Sr., and an active candidate in the ill-fated attempt to unseat Speaker Joe Straus at the beginning of the current session, Chisum has not had a committee chairmanship since Tom Craddick was toppled in 2009.

Recent recommendations from the Sunset Advisory Commission call for changing the name of the agency to the Texas Oil and Gas Commission and restructuring it to be governed by a single statewide elected official who would serve a four-year term concurrent with the governor and the other major statewides.  Chisum disagrees with the move to change the RRC from a three member elected commission to a single elected commissioner.

If he does enter next year’s Railroad Commission primary, Chisum starts with a heavy “war chest.”   His current report on file with the Texas Ethics Commission shows him with more than $632,000 cash on hand.

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A California utility, Southern California Edison, has selected 250 MW worth of solar bids from companies able to produce solar electricity for 20 years for less money annually than the 20 year levelized cost of combined-cycle natural gas turbine power plant energy.

The utilities bidding process for smaller renewable projects is a smart move. These small projects do not face the multi-year bureaucratic delays for extensive reviews, like most utility-scale solar in California, so each small unit can be built as quickly as normal commercial rooftop solar projects. They are made up of multiple distributed solar installations of under 20 MW, which in combination total a power plant-sized 250 MW.

The utility already gets more than 19% of its electricity from renewable sources, placing it in the lead to reach California’s Renewable Energy Standard requirement to get 20% of its electricity from renewables (which specifically excludes large hydro and nuclear) by 2013.

Using a bidding process, SCE has made renewable energy companies compete to offer the lowest price for supplying electricity through its Renewable Standard Contract, which has a requirement that the renewable energy be priced to cost no more than the Market Price Referent (MPR) – an annual calculation of the 20 year levelized cost of energy of a combined cycle gas turbine.

SCE says that they received over 2.5 GW – 2,500 MW – of offers from solar companies eager to supply solar power for less than the cost of gas which at this time is in the 11 cent range. 

This year, the solar bids are below the MPR, meaning that they cost less than the annual cost of getting the same amount of electricity from natural gas over the same time period.

For California, a renewable energy portfolio standard (RPS) is keeping prices down for consumers.  A non-wind RPS in Texas could do the same for this state, and give solar the boost that the 2005 RPS gave the wind energy industry in Texas, taking the state from a few hundred MW of wind to 10,000 MW in just a few short years.

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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Texas Mail-in Rebate Program

If you’ve considered participating… 

Funds are still available for the Texas Appliance Mail-In Rebate Program. Texas has already approved over $12 million in rebates and funds are limited, so act soon!

Funding for the program is available to Texas residential consumers on a first-received, first-issued basis according to the application’s postmark date until funds are depleted. 

  • You can check available rebate funds to see daily updates on the estimated rebate funds remaining. As funds near depletion, we will issue a notice of closure on our website.
  • Review the Rebate Eligibility Program Rules and search eligible appliance models before you purchase and install an appliance.
  • To be eligible for a rebate, program rules require that you remove and properly dispose of your old appliance. In doing so, you have one of two options to choose from: Recycling or Disposal

    NOTE: If you do NOT have an existing appliance to recycle/dispose of, OR if you keep, gift, donate or sell your old appliance, you will NOT be eligible for an appliance or recycling rebate.

  • Completely fill out an Official Rebate Application Form (PDF, 116KB), including the “Disposal/Recycling Information,” and submit according to program rules.
If you’ve already mailed in an application…
  1. It may take up to eight weeks to review and approve your application. You can check your rebate status online or call toll-free (855) 556-1312.
  2. Double check your application form to make sure it was filled out completely and accurately. An incomplete application form is the most common error; you may have overlooked something as simple as selecting the check box for “Option One: Disposal” vs “Option Two: Recycled.” You may resubmit missing information to ensure your application is processed. Please write your Rebate ID number on all resubmitted forms and supporting documentation. Check your rebate status online or contact customer service to retrieve your Rebate ID number.

    NOTE: If you do NOT select an option under the “Disposal/Recycling Information” section, then “Option One: Disposal” will automatically be selected for you and you will NOT qualify for the additional $75 bonus recycling rebate.

For other program questions, please see the Texas Comptroller’s Frequently Asked Questions (FAQs), contact customer service or call toll-free (855) 556-1312.

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