Resolutions on Way to Approving Minimalist DFW Clean Air Plan

Today’s vote on the new DFW clean air plan was likely the least ornamental in history. There was very little discussion or context. Of course, when you’re having to repeat a grade, you probably won’t be caught bragging about it.

There was a short and technical description of what the plan was by TCEQ staff, in which, in a kind of “oh-look-didn’t the neighbors-just-paint-their-house?” way, it was mentioned that the plan would not be able to obtain the 2011 cuts in smog-forming Volatile Organic Compounds (VOC) pollution that it should have.

Downwinders at Risk’s Jim Schermbeck was the only speaker from the audience. He cited five chronic TCEQ mistakes from previous plans being repeated in this ozone “do-over”:

1) It started too late. TCEQ knew the 2006 plan failed in the summer of 2009 but didn’t begin building this plan until a year later. TCEQ has repeatedly used “lack of time” as an excuse not to pursue innovative pilot projects like an SCR control tehnology test on one of the Midlothian cement plants. This time it’s being used as the reason the state is walking away from its 2011 obligation to cut a certain percentage of VOC pollution.

2) It aims too low. This plan is only designed to meet an obsolete ozone standard that George Bush’s scientists did not believe was protective of public health. It doesn’t get DFW into compliance with the current standard, much less the new one being announced in two months. It’s the most minimalist air plan ever proposed, basically relying on the persuasive powers of new car salesmen and women, and the weather. And by the way, for an agency that criticizes EPA standards, the TCEQ plan is all about piggy-backing those standards in order to make this plan work.

3) It has no Plan B. There’s no insurance in case market forces and the weather don’t cooperate and behave the way the TCEQ computer model predicted. Since the Commission has never been successful in meeting its deadlines before, a prudent person might want to be especially conservative and seek out extra measures to ensure success. Not these guys.

4) It lacks transparency. For 9/10’s of this current planning process, TCEQ has used one transportation model/software for the required ocomputer modeling. One model that assumes average pollution levels for every car and bus and truck out there in DFW. Now, in only the last two months, the Commission is on record has saying it probably wants to use a new transportation model in this plan.  It’s produced some, but not all of that new modeling summaries. The entire new modeling exercise won’t be over until AFTER the public comment period has ended in July. In effect, the Commission is submitting one air plan for public comment during the summer, and a completely different one for official EPA consideration in December.

5) It denies local input. Six DFW local governments have passed resolutions requesting that TCEQ include Barnett Shale VOC pollution cuts to this air plan. The regional air planning body has done the same. Your response is a tank rule that cuts only 10% of the total VOCs being emitted by the gas industry in DFW, a volume now exceeding vehicular contribution. That’s just not enough. North Texas is united in its call to “formalize” the industry’s best practices into regulations that can cut deeply into the Shale VOC pollution problem. 

Schermbeck asked that the Commission strengthen the plan by:

– Triggering the proposed tank rule at 10 tons per year of VOC pollution emitted instead of 25 tons per year. This change would net 90% + of the total condensate tank emissions in the nine-county DFW “non-attainment area.”

– Begin a retrofitting of valves that could net 50 tons a day of VOC cuts.

– Enforce “green completions”/flaring ban  in the non-attainment area.

And then, well, nothing.

Anticipating possible legal challenges, TCEQ lawyers probably advised Chairman Bryan Shaw and Commissioners Garcia and Rubinstein to keep away from commenting on specifics. But it was kind of odd. Prior to Schermbeck speaking, the TCEQ staff itself had just admitted it wouldn’t be hitting its 2011 VOC reduction goal – the first time that’s ever happened. And you just had six local governments that represent about two and a half million people send you resolutions pleading with you to act, including two just this morning. Did we mention they were all unanimous votes? That’s local intent.

But there were no comments from the Commissioners at all on any of these facts. No acknowledgement that local governments might have a legitimate concern, or that the resolutions passed might have merit. No acknowledgment at all that a large part of the non-attainment area it was attempting to regulate was disagreeing with the way it was doing it. Instead there was a generic comment from the Chairman instructing staff to make sure they were using the “best science” and had “reasonable expectations” about their modeling. And then a 3-0 vote, and the next stops are public hearings on this “plan” July 14th at Arlington City Hall.

If you think about it, the lack of pretense is pure Rick Perry, and all three Commissioners are Perry appointees. There’s a ruthless political calculation that concludes you don’t have to respond to criticism if you completely control the outcome. But we wonder if any of them will be coming to Arlington on July 14th?

WEBCAST
A video of the TCEQ meeting will be available in the next day ro so online at this site. The discussion on the DFW air plan begins about 15 or so minutes from the end of the meeting.

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