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The Texas Commission on Environmental Quality (TCEQ) has a proposal to pardon as many as 3,000 environmental rule breakers.

Tell the TCEQ that pardoning polluters is no way to make the air and water in Texas cleaner.

The TCEQ is changing the rules to allow those with a “poor” record of complying with Texas’ weak environmental laws to be upgraded to “satisfactory” — which means they would get fewer inspections, lower fines and new permits granted more easily.

In addition, the new rules would allow the TCEQ’s executive director to pardon “repeat” violators — without even explaining why.

The TCEQ refuses to tell us which polluters get the break. When we asked, they sent us almost 10,000 pages of unsortable data.

Actions like these tell citizens that the TCEQ would rather dole out favors for polluters than protect the health of Texans.

Tell the TCEQ not to give rule breakers a pass.

The TCEQ is the world’s second largest environmental agency. Taxpayers have a right to expect the agency to enforce a minimum standard of regulatory compliance. Lowering the grading standard does not mean businesses perform better — it just means the TCEQ is slacking on enforcement.

The deadline for voicing your concerns to the TCEQ is this Friday, March 23, so take action right now.

See the press release that went out from several advocates here. 2012-03-21 Press release – Texas Pardons Pollution

You can download an ASCII file of all compliance histories statewide by clicking here.

You can download the TCEQ test report on the current data by clicking here.

You can download a file that Public Compiled from the current compliance history data and compared side by side with the test data by clicking here.

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The comment period for the proposed new TCEQ Compliance History rules was extended in large part due to Public Citizen making the public aware that the TCEQ had run test scores on their data from the previous year’s posting but were not willing to release that information to us, the Austin American Statesman or the public.  When they did release the data and then subsequently extend the comment period, the data was not in a format that was useful to most folks.

After much wrangling with the agency, they finally released the test scores this afternoon and they can be accessed below:

Proposed Chapter 60 Compliance History Test Scores

The test Compliance History scores for proposed revision to 30 TAC Chapter 60 (Compliance History) rule are available here.

The test Compliance History scores available below are intended to provide approximations of what scores might look like under the Commission’s proposed Chapter 60 (Compliance History) rule.  These scores were generated as part of the agency’s proposed rulemaking process.

These are not official Compliance History scores and therefore, are not subject to the Chapter 60 appeal process. Due to computer programming limitations during rule development , individual scores do not reflect all aspects of the formula as proposed. Rather, the scores represent approximate numbers using a simplified model, as explained below. Limitations include the following:

  • The scores were generated using applicable compliance-history data from September 1, 2006–August 31, 2011, made public on October 1, 2011 and thus to regulated entities so they can make corrections, as necessary, since that date.  Upon rule adoption, new compliance-history scores will be generated using data from September 1, 2007–August 31, 2012.
  • The scores do not accurately reduce points for compliance with administrative orders. Under the proposed rule, two years after the effective date of an order, if an entity is compliant with all ordering provisions and has resolved all violations, the points attributable to that order will be reduced.  The reduction will be 25 percent for year three, 50 percent for year four, and 75 percent for year five.  The simplified model does not take into consideration compliance with the order. Therefore, under the simplified model, all orders receive the total reductions allowed each year under the proposed rule.  Entities that have not yet achieved compliance with an order receive a reduction under the simplified model that is not warranted.
  • Points awarded for “small entities” are not completely reflective of the proposed rule.  Under the proposed rule, points are allocated to small entities.  The simplified model allocates points for small businesses but does not allocate points for small cities and counties.
  • Reductions for voluntary programs are not completely reflective of the proposed rule.  The proposed rule allows for a maximum 25% reduction of compliance history points for implementing voluntary programs, such as an environmental management system.  If an entity has multiple voluntary programs, the simplified model does not accurately apply reductions for all programs.
  • Changes to the proposed formula and associated compliance-history components may be made as part of the rule adoption process.  Any changes to the proposed formula or components as a result of the rulemaking process would change scores that will be calculated on September 1, 2012.

To download test Compliance History scores click the link below:

http://www.tceq.texas.gov/enforcement/history/compliance-history-test-data.html

Please note that these reports are large files and, depending on your connection speed, may take several minutes to download.

These scores will only be available to download for the duration of the Chapter 60 public-comment period, which has been extended and will close on March 23, 2012.

You may comment on this rule via eComments.

We have provided sample comments for you to use in submitting your own.  We have also provided information on where and how to submit your comments below.

Comments of _Your name here_ on 2011-032-060-CE: HB 2694 (4.01 and Article 4): Compliance History Draft Rules.

Polluter-friendly amendments, proposed in the Texas Commission for Environmental Quality’s new regulatory rules, serve to increase the degree of noncompliance a company is permitted with no consequence. More noncompliance means more unauthorized toxins in the air, water, and ground in communities across Texas.

We are unsatisfied with the compliance history proposals because:

  • The TCEQ has jurisdiction over 250,000 entities all around the state. Holding one public hearing at 10 a.m. in Austin does not give citizens enough of an opportunity to give feedback. I would like to have a meeting hosted at the TCEQ office in my region so that I can participate in this process.
  • Increased compliance history leniency will cut the percentage of companies considered unsatisfactory from 5% to a mere 3% without reducing an ounce of pollution.  Compliance standards should be raised the longer a regulation has been in place, not made less effective by changing the unsatisfactory rating cutoff from 45 to 55 noncompliance points.
  • The executive director will be able to pardon polluters at his discretion—instead of adhering to a standard protocol. Why have formal classifications if the director can reclassify an entity or decide that a repeat violator charge should not apply? This is a nontransparent, unstipulated and unacceptable loophole.
  • Polluters will improve their compliance history score by signing up for supplemental environmental programs, regardless of effectiveness. Mere participation in a voluntary pollution reduction points does not warrant a 5% reward. The formula should call for measured returns for measured results.
  • The TCEQ has not presented information that calculates how the new formula will affect entities. Given the denseness of the proposal’s language, I would like to have a way to interpret the new compliance history ratings.
  • The proposed language for repeat violations would make it very difficult for any facility with many “complexity points” to ever be considered a repeat violator. Because so many points are given for different kinds of permits, authorizations and even hazardous waste units, getting to “25” complexity points will be easy for any large industrial facility or major entity, meaning that the only way they would be penalized for being a repeat violator would be to have four or more violations over the last five years.

I urge you to utilize TCEQ’s rulemaking process to implement changes that will benefit the health, communities, and resources of Texas citizens and not the pocketbook interests of businesses.

Comments due by 5pm on March 23, 2012.

Texas Register Team – MC 205 General Law Division Office of Legal Services TCEQ P.O. Box 13087 Austin, TX 78711-3087

Tips on Commenting Effectively

You will be providing comments for the rulemaking – 2011-032-060-CE: HB 2694 (4.01 and Article 4): Compliance History

  • Identify who you are and why the regulation affects you;
  • Explain why you agree or disagree with the proposed rulemaking;
  • Be direct in your comment; and
  • Offer alternatives, compromise solutions, and specific language for your suggested changes.

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Last week, Public Citizen filed comments that had been developed with other Alliance for Clean Texas (ACT) partners.  Since we filed our comments, the TCEQ agreed to  extend the  comment period.  We have simple comments in an earlier blog for citizens to submit, but if you want more detailed comments for developing your own, take a look at these. ACT Comments on TCEQ Compliance History Rule

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While March is generally considered to be the beginning of tornado season, this year the season got an early and deadly start in late January when two people were killed by separate twisters in Alabama, and just yesterday, dozens of homes were damaged by a tornado in Georgia that knocked out power and forced schools to close. Preliminary reports showed 95 tornadoes struck last month, compared with 16 in January 2011.

The season usually starts in March and ramps up over the next couple of months, but forecasting tornado seasons is even more imprecise than predicting hurricane seasons. Small and too short-lived, tornados eluded scientists’ ability to make seasonal predictions. They pop in and pop out, and if the weather service can let people know 20 minutes in advance, it’s considered a victory.  Despite the difficulties in predicting the tornado season, forecasters are telling the Southeast and heartland to get ready again.

All this is remincent of one of the worst tornado years in U.S. history. Tornadoes in 2011 started on New Year’s Day killing hundreds, injuring thousands and causing billions in damage. The 2011 season continued on to break records for the most tornadoes in a single day and in a single month.  Still, tornado experts just don’t know what that means for this year.  Keep in mind, climate scientists have told us that the impacts of climate change include more incidences of extreme weather events, so folks should be aware as we head into another tornado season.

You just might want to bookmark the following two websites:

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The other day at a dinner party I sat across from a climate scientist (seriously, a professor at a major university in the earth sciences department), who commented that his trips to the Artic this summer were somewhat daunting.  When I asked him who were all these folks Governor Perry said were funding work like his in support of the science of climate change, he said he’d like to know that too since he wasn’t getting any of that funding and in fact could probably get rich and have the ire of his colleagues heaped upon him if he took the opposite stance.

Now, according to MSNBC, internal documents have been leaked from the Heartland Institute, a Chicago nonprofit think tank, showing its plans to fund leading skeptics of global warming and develop a curriculum to teach climate change skepticism in schools (K-12). An anonymous person leaked the documents to several publications and activists supporting the science of climate change which is funded by huge corporate and foundation funding from U.S. businesses, including Microsoft, Koch Industries, Altria (parent company of Philip Morris) RJR Tobacco and more.  Click here to read the MSNBC article.

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drought monitor Feb 7, 2012While only 23 percent of Texas remains under “exceptional” drought, 90% of the state is still under some level of drought in spite of the recent rains many parts of the state have experienced.  But we can’t get cocky, as the U.S. seasonal drought outlook indicates most of Texas can expect the drought to persist or intensify through April of this year.  If we are lucky, the next outlook won’t be so dire as we head toward another Texas summer, hopefully not like our last one.

Drought Outlook thru April, 2012

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Texas Coalition for Affordable Power’s (TCAP) report on electric deregulation in Texas says the industry has failed to deliver, while industry and agency critics find fault with the reports price and reliability comparisons.

Texans have paid higher prices for power that is less reliable – as evidenced by two rolling blackouts – during a decade of electric deregulation, the report, Deregulated Electricity in Texas: A History of Retail Competition – The First 10 Years,  asserts.

Commissioned by the Texas Coalition for Affordable Power, a non-profit including 163 municipalities and other political subdivisions, the report takes sharp aim at higher retail prices, increased consumer complaints and greater reliability problems.

Key findings of the report include:

  1. During 10 years of deregulation, typical electric customers paid $3,000 more than other Texans not subject to deregulation.
  2. Nationally, Texans paid average prices 6.4 percent below national averages before deregulation but 8.72 percent higher in the 10 years since deregulation.
  3. Customer complaints have risen because an increase in providers has also produced an increase in the complexity of contracts.
  4. Texaselectric reserve margins – which are key for electric reliability – have shifted from among the highest nationally before deregulation to among the lowest now.
  5. Under deregulation,Texashas seen two rolling blackouts in four years and nine reliability emergencies last year alone. Before deregulation,Texasendured only one rolling blackout in more than 30 years.
  6. Electric generators are seeking market changes “that abandon competitive principles” and rely upon “artificial price supports.” At the same time, generators are making no promises that they’ll add new electric supplies if they get their wish for market adjustments.
  7. The power grid, the Electric Reliability Council of Texas (ERCOT), has “suffered persistent management problems.”

The report acknowledges that electric prices have recently dropped but also notes that customers have endured $7 billion in “stranded costs” under deregulation that were shifted from electric generators to electric customers.

TCAP Board President Jay Dogey said recent drops in both prices and complaints are not “sufficient to offset the billions of dollars in excess costs to consumers. All this points to a market that is deregulated but still not fully competitive.”

John Fainter, president and chief executive officer of the Association of Electric Companies of Texas, said TCAP’s report fails to consider several key factors that undermine its comparisons, but that still cannot counter the fact that Texas has some of the highest electric bills in the country.

Texas Public Utility Commission Chairman Donna Nelson responded to the report’s price comparisons by re-issuing a letter she sent to Senate Business and Commerce Committee Chairman John Carona (R-Dallas) more than a year ago.

A copy of Nelson’s letter is here.

TCAP’s report is here.

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The Sierra Club claims the Texas Commission on Environmental Quality illegally gave four coal-fired power plants passes to pollute the air.

The Sierra Club says the state in December illegally approved permit amendments for Luminant Generation Co.-owned plants in Freestone, Rusk, Titus and Milam counties (Big Brown, Martin Lake, Monticello and Sandow).

It claims the amendments allow increased air pollution, “including thousands of additional pounds per hour of particulate manner, a pollutant linked by numerous scientific studies to heart attacks and premature death, without any public notice, the opportunity for public comment, or the opportunity for contested case hearings.”

Sierra Club attorney Ilan Levin told the Austin American-Statesman the lawsuit comes as coal-fired plants are applying for permit amendments for emissions produced during startup, shutdown and maintenance, which were not previously regulated by the state.

Levin said that not all plants seeking permitting changes are required to go through a public process, but these permits are for large enough increases that public notice is required.

“We were surprised to find out that, really, just by trolling the agency’s website, that right before the holidays, the TCEQ had issued these permits to Luminant without any public notice or any sort of opportunity at all to file some formal comments,”  Levin said.

In its complaint in Travis County Court, the Sierra Club says it asked the TCEQ air permits director on Feb. 22, 2011 to require public notice for Luminant and other electric utilities’ permit amendment applications, but received no response.

The environmental group says regulators failed to conduct a best available control technology analysis for the amendments, and failed to conduct a proper air quality impacts analysis for all four permit amendments.

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As interim legislative hearings and ERCOT workshops grapple with the drought’s anticipated stresses for Texas electric generation and reliability, Sen.Kirk Watson (D-Austin), is calling on the Texas Public Utility Commission to give solar energy a push.

“You stated that your highest priority as chair of the PUC is to prevent rolling outages,”Watson wrote in a Jan. 13 letter to PUC Chair Donna Nelson, mentioning her testimony last week before the Senate Business and Commerce Committee.

“Drought-proof solar power that can be available at the times of peak demand is one way to avoid rolling outages,” his letter continued. It noted that Nelson mentioned the importance of wind energy and the state’s CREZ (Competitive Renewable Energy Zones) lines in reducing the state’s reliance on water.

Nelson has opposed rulemaking to promote solar energy generation as directed in a bill passed by the Texas Legislature in 2005 directing the PUC to establish a non-wind renewable energy target of 500 megawatts. Nelson, however, has said that Senate Bill 20 by Sen.Troy Fraser (R-Horseshoe Bay) during that special session was not mandatory.

During a PUC meeting in December 2010, Nelson said she believed the PUC needed more direct guidance from the legislature during the spring 2011 session before moving forward.

“It’s called a target,” she said, “and everyone knows a target is not mandatory. It would be my preference if we waited – forever.” When a proposed rule on the matter surfaced again last summer, the commission tabled it.

In his letter, Watson took issue with Nelson’s argument that the PUC lacks legislative authority.

“Moving forward on the 500 megawatt non-wind renewable energy rule is an act that lies fully within your authority and that requires no further action or direction from the legislature,” Watson wrote. “It would boost investment in solar power right away, at a time when any potential cost to consumers can be mitigated by federal investment tax incentives in place through 2016. Not only would this action be seen as a wise and prudent step for ERCOT (Electric Reliability Council of Texas) grid reliability, but it would be a simple and bold display of the leadership that our state desperately needs.”

See Sen. Watson’s letter below.

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In a statement this afternoon, Obama said that he received a recommendation from Secretary of State Hillary Rodham Clinton earlier today recommending that the Keystone XL tar sands Presidential permit application be denied.

TransCanada’s first tar sands pipeline leaked 12 times in its first year of operation, although the company estimated it would leak just once in 14 years. The proposed Keystone XL pipeline route would cross Texas’s third-largest aquifer, as well as numerous rivers and lakes that provide water to some of the most populated areas of the Lone Star State, making TransCanada’s leaky history a pretty compelling reason for reviewing Keystone XL thoroughly. But when congressional Republicans forced a 60-day decision on the Keystone XL’s presidential permit, they took the option of a thorough review away from President Obama and the U.S. State Department.

Trevor Lovell with the Texas office of Public Citizen said, “Today’s rejection of the permit application was the only sensible decision the Obama administration could make.”

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Reprinted with permission from Christopher Searles blog – http://chrissearles.blogspot.com/

In January of 2011 U.S. Attorney General Eric Holder addressed the Environmental Protection Agency’s (EPA) Office of Civil Rights Affirmative Employment and Diversity at an event honoring Dr. Martin Luther King, Jr., “I am old to enough to have witnessed and experienced the remarkable progress that’s been made since the 1960s when Dr. King, in addition to his many other achievements, helped to plant the seeds for what would become our nation’s now-thriving environmental justice movement.”
Holder, “I want you to know that – at every level of the Justice Department, just like here at the EPA, (Environmental Justice) is a top priority — and, for me, it is also a personal calling.”
‘Injustice anywhere is a threat to justice everywhere.”
According to the EPA, Environmental Justice will be achieved when “everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work.” The movement against Environmental Racism began in the 1980s and was formally established as the Environmental Justice movement in 1991 when the First National People of Color delegation drafted and adopted “Principles of Environmental Justice” in Washington, D.C.  Read Principles here.
In recent years the movement has expanded its definition beyond color lines. “We are just as much concerned with inequities in Appalachia, for example, where the whites are basically dumped on because of lack of economic and political clout,” says Dr. Robert Bullard, movement ‘grandfather.’ Likewise, the movement has grown beyond radical environmentalism to include Christian, Jewish and other communities of faith and the academic sector. In the religious domain, Environmental Justice is often referred to as “Social Justice.”
Attorney Gen. Holder, “Dr. King did not have the chance to witness the impact of the movement that he began. But he left with us the creed that continues to guide our work. His enduring words, which he penned from a Birmingham jail cell, still remind us that, “Injustice anywhere is a threat to justice everywhere.”
Attorney General Eric Holder, “Environmental Justice is a Civil Rights issue.”
At the EPA’s 2011 event Holder cited a 2005 report showing that African Americans were nearly 80 percent more likely than white Americans to live near hazardous industrial pollution sites at that time. Holder said these issues persist, “In 2011, the burden of environmental degradation still falls disproportionately on low-income communities and communities of color, and most often on their youngest residents: our children, my children.”
“This is unacceptable.  And it is unconscionable.  But through the aggressive enforcement of federal environmental laws in every community, I believe that we can – and I know that we must – change the status quo.”
After Holder’s speech the event’s program closed with the EPA’s general counsel and EPA’s associate director of the Water Protection performing “Free at Last” for the audience at the Ronald Reagan Building.

Read more via CNSnews.com.
Learn about the EPA’s Environmental Justice Achievement Awards.
Other sources: EcoHearth, The National Council of Churches, TaintedGreen, Yale Peabody Museum of Natural History.

Hope everyone had a thoughtful MLK Day yesterday.

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On a blustery and brilliantly sunny Texas winter day a couple hundred Central Texas citizens, that included officials and solar enthusiasts, gathered on what had been an empty 380 acre field only three years ago to usher in a new era of “drought-proof” energy for the City of Austin.

Former Austin Mayor Will Wynn, PUC Commissioner Rolando Pablos, Austin Councilmember Bill Spelman, Travis County Commissioner Ron Davis, Webberville Mayor Hector Gonzales, Austin Energy General Manager Larry Weis, Austin Councilmember Chris Riley, Austin Mayor Lee Leffingwell and Mark Mendenhall of SunEdison.

On Friday, January 6, 2012, Austin Energy held a grand opening ceremony for their new Webberville Solar Project, the largest facility in Texas and among the largest in the nation with 127,728 ground mounted solar panels that rotate with the sun and will generate 30 megawatts (MW) of electricity – enough to power 5,000 homes annually.

A number of years ago, the City of Austin purchased this land planning to install a new coal-fired power plant.  When those plans fell through, a landfill was proposed for the site that now boasts 280 acres of solar panels with a view of downtown Austin along its horizon.

Public Citizen says kudos to the City of Austin and Austin Energy for their vision and efforts in completing this project.  Given that the State Climatologist is warning us that Texas can expect up to 5 more years of the current drought cycle, this project came just in time to help provide our community with drought–proof electricity during the peak use times – that will come in handy next summer.

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Reprinted with permission from Chris Searles‘ blogspot

“Nobody knows the true economic value of trees.” That’s the first thing that popped into my head last week when I read the Texas Forest Service recently estimated up to a half billion Texas trees measuring at least five inches in diameter were lost due to the unrelenting drought of 2011.
Map of Texas' Eco Regions

Map of Texas' Eco Regions

I already knew the state had lost close to four million acres of open lands to record wildfires, suffered over five billion dollars in agricultural and livestock damages, considered shutting down parts of its electric grid to prevent rolling blackouts due to water shortages, and that the list goes on. I also knew the long-term effects of Texas’s drought looked equally dismal and that all its damage didn’t just hurt Texans, but seriously? Hundreds of million of trees “killed?” That sounds expensive.

The economic value of trees. I did a little digging. It doesn’t take much time on Google to figure out the average value of an urban tree is about $1,000.00 per tree. The range of valuations, however, is huge. I have a friend who recently paid $7,500 to have three trees “installed” in his yard. The Council of Tree and Landscape Appraisers says, “A mature tree can have an appraised value of between $1,000 and $10,000.” A US Court once valued a single, mature tree at over $160,000.00. But let’s go with the City of Arlington, TX’s 2009 study (pdf), which appraises their urban trees at about $932.50 per tree. Since the Arlington study omits many of the intrinsic services associated with both wild and urban trees in their valuation and since Arlington’s number is the lowest I could find, let’s assume this is a fair and conservative tree value and use it.  Multiple the number of trees lost times the Arlington valuation, and you get:
-$93,250,320,404.72. -$93.2 Billion (in 2009 dollars). That’s Arlington’s $932.50 per tree x 100 Million tree losses. But wait, that’s the low number. Texas Forest Service estimates “between 100 million and 500 million” trees died last year. Their high end count of nearly half a billion trees nets out a total impact of over -$466 Billion ($466,251,602,023.61 to be exact). Impressive, right? People seem to have a hard time thinking of the environment as having any economic value, perhaps that’s because the environment’s value dwarfs our little human-made economy. I’ve always suspected the “dollar” value of ecosystem services to be many orders of magnitude greater than the entire industrialized economy. How couldn’t it be? How could Texas suffer around $100 Billion in ecosystem losses during a recession year and not be severely impaired? And what is the industrial economy is catching up? Perhaps events like this massive tree die off are whittling down our natural systems and there are only a few orders magnitude of greatness left in our nature. Texas Forest Service estimates from 2% to 10% of the state’s 4.9 billion trees were just killed.* How many consecutive years can Texas sustain around $100 Billion in forest destruction? 49 years? 9 years? The drought is expected to continue for at least five years. If that comes to pass, its effects will likely have significantly changed much of Texas as early as 2017. Climate aficionados like me believe Austin will become more like Tucson over the next 90 years as desertification moves north. But what if that transition has already begun? What if Austin’s desertification will be securely in place sometime in the next 10 years? What’s Austin without trees? What happens to Austin’s water cycle and summertime temperatures? Plenty of climate scientists believe Texas is indeed on a super rapid change trajectory, way ahead of schedule.
How Texas compares to the rest of the country

67.3% of the state in "extreme" drought conditions

But nobody knows the economic value of trees. Or ecology. Or nature itself. And that’s the point. Our environment should probably contain exponentially more economic value than our industrial economy. Perhaps we should start counting. And start changing. If you believe, as I tend to, that we humans are playing Russian roulette with the planet’s future, changing the way society measures economic success is paramount, as is eliminating the emissions believed to be driving things like radical drought, as is preserving our trees and ecosystems.
Resources

  • Tree Services. Trees perform so many services.The Texas Trees Foundation lists the popularly accepted ones, such as: energy efficiency, human health benefits, pollution control, and property value enhancement. Trees Are Good, big fans of trees, list several more. The Municipal Research and Services Center of Washington has an even longer list including intangibles, such as psycho-social dimensions and positive effects on consumers in shopping malls. iTree is an industry-embraced software, being used around the world, to appraise trees according to a number of different criteria.
  • Lake Levels are another indication of total precipitation in the system. Texas lakes are generally speaking at all time lows. Check out the USGS and LCRA measurements. 
  • Fruit Trees. Texas has (had?) an abundant food production economy, particularly in the southern regions of the state, thanks to grapefruit, lime, etc. Learn more here.
  • Tree Calculator. Calculate the value of your own trees here.
  • Photo Gallery. View one local drought photo gallery here.

*Total value of 4.9 Billion Texas trees, at $932.50 per tree in 2009 dollars is 4,589,250,000,000 ($4.5 Trillion).

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Wishing you a happy holiday season

Holiday Greetings

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Texas environmental and public health groups welcome today’s new EPA safeguards to reduce mercury and other toxic air pollutants from the smokestacks of the nation’s aging fleet of coal and oil-fired power plants.  The new public health protection has been developed over nearly twenty years and is required by law under the Clean Air Act, the landmark public health legislation passed during the Nixon Administration.  The rules will be a significant benefit to public health and water quality in Texas since six of the top 10 worst mercury emitting power plants in the nation are in Texas.  Twenty-three Texas lakes near coal plants are so contaminated with mercury that eating fish from those lakes could cause brain damage to unborn children. Information about the new health protection can be found at http://epa.gov/mats/.

 

“As a family doctor, I am regularly obligated to council young women to limit fish consumption.  Mercury exposure during pregnancy can cause severe mental retardation, cerebral palsy, deafness, blindness, and seizures in children.  Kids who eat contaminated seafood have demonstrated deficits in attention, fine motor function, language, visual-spatial abilities, and memory. Prevention is key — I can’t fix a child’s brain that has been damaged by mercury.  The costs both to those families that are affected by mercury toxicity and to our society as a whole are staggering.  At last there is good news.  I applaud the EPA standards which could go a long way to clean up our air and reduce unnecessary exposures to mercury and other dangerous toxins,” said Dr. Lisa Doggett, a practicing Physician and co-president of Austin Physicians for Social Responsibility.

 

In July, more than 800,000 comments from across the country were delivered to EPA in support of the new mercury and air toxics rule, with more than 600,000 of these from Sierra Club members and supporters. Despite being the single largest industrial emitters of heavy metals like arsenic, mercury, and selenium, power plants have been exempt from Clean Air Act standards that apply to all other industry sectors.

 

“The only thing more shocking than the large amounts of toxic chemicals released into the air each year by coal and oil fired power plants is the fact that these emissions have been allowed for so many years,” said Ilan Levin, Environmental Integrity Project Associate Director.

 

According to a report based on utility data by the Environmental Integrity Project (available at http://www.environmentalintegrity.org), Texas is by far the nation’s top power plant mercury polluter.  Texas coal-fired power plants emitted 16.9 percent of the total U.S. mercury air emissions for 2010, and Texas is home to 11 of the top 50 mercury polluters in the nation. Dallas-based Luminant (formerly TXU) operates the nation’s dirtiest power plant for mercury emissions; the Big Brown coal plant, located about halfway between Houston and Dallas, pumped 1,610.1 pounds of mercury into the air in 2010.  Three of Luminant’s other large coal-fired power plants are also ranked among the top 50 dirtiest power plants in the nation: Martin Lake (number three), Monticello (number seven), and Sandow 4 (a single coal-fired boiler ranked number 28).

 

Other Texas coal-fired power plants owned by American Electric Power, NRG, and the Lower Colorado River Authority and City of Austin are among the nation’s top 50 worst mercury air polluters.  EPA’s new rule is intended to reduce the levels of toxic metals and acid gases that these electric power plants emit into the atmosphere.

 

The list of the most polluting plants and states can be found here: http://www.environmentamerica.org/home/reports/report-archives/clean-air/clean-air/americas-biggest-polluters-how-cleaning-up-the-dirtiest-power-plants-will-protect-public-health

 

“Today’s new health protection will reduce mercury pollution in our air and water substantially over the next decade,” said Jen Powis, Senior Regional Representative with the Sierra Club.  “Reducing mercury pollution will have a significant impact for Texans’ health, and all Texas power generators should look forward to the opportunity to promote the health of women, babies, and young children in our state.”

 

In addition to lowering mercury emissions, the rule will reduce other fine particle heavy metals like arsenic, chromium, and lead, saving thousands of lives and billions of dollars each year.  EPA has estimated that the power plant air toxics rule will avoid between 6,800 and 17,000 premature deaths each year, and will result in annual savings of $48 to $140 billion.

 

“The hidden costs of toxic pollution from power plants far exceed the pennies that cleanup will cost each consumer. For every dollar spent on pollution controls we will get $5 to $13 in health benefits. Coal-fired power plants are also the single largest source of toxic mercury air pollution in Texas and the rest of the United States.  Besides mercury, coal-fired power plants emit a suite of other toxic air pollutants, which can cause serious health effects, especially for children and developing fetuses. Studies by the University of Texas Health Sciences Center in San Antonio have found correlations between high levels of mercury emissions and kids with autism in schools in Texas,” said Karen Hadden, Director of the Sustainable Energy and Economic Development (SEED) Coalition.

 

Tom “Smitty” Smith of Public Citizen said, “For decades, the electric power industry has delayed cleanup and lobbied against public health rules designed to reduce pollution. They have decided that it was cheaper to invest in politicians than pollution controls and we see the result here in Texas. The technology and pollution control equipment necessary to reduce emissions of mercury and other dangerous air toxics are widely available and are working at some power plants across the country. There is no reason for Americans — and Texans in particular — to continue to live with risks to their health and to the environment.”

 

Stacy Guidry, Director of Texas Campaign for the Environment, Austin office, said, “The City of Austin has a ‘green’ reputation, but our very own Fayette Power Plant is right up there among the dirtiest – number 49 out of more than 450 coal fired power plants nationwide, in terms of sheer pounds of mercury emitted into the air.  In 2010, the Fayette power plant, owned by the Lower Colorado River Authority and Austin Energy, reported spewing 360 pounds of mercury out of the smokestacks.  Airborne mercury falls to the ground and contaminates water and soil.  That’s not my definition of ‘green’ and the City of Austin can do better.”

EPA Rule Information

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