When does a government environmental agency forfeit its claim on being worthy of the title?

When it’s unresponsive to citizen complaints?

When it writes rules that blatantly favor polluters at the expense of citizens?

How about when it begins writing required federal air clean air plans that it knows will never actually result in cleaner air?

That’s what happened this year in DFW, when both our “non-attainment” areas – for smog and now lead contamination  – were the subject of what the Clean Air Act calls “State Implementation Plans.” These plans are assigned to the state agencies to write, but must be submitted to EPA for approval.

In DFW, our chronic smog problem over the last 20-30 years has required many of these plans from what is now called the Texas Commission on Environmental Quality, the last of which was 2006-2007. That was aimed at trying to get us down below the obsolete 1997 federal standard of 85 ppb of ozone or smog. It had rules for reducing cement kiln pollution for the first time, along with several other initiatives  Although ozone levels came down, we didn’t get below 85 ppb. Under federal law, an area has to keep submitting plans until you reduce pollution enough to meet the standard you’re aiming for.

So a new plan was required by the EPA. One that’s designed to meet the 85 ppb standard by the end of the 2012 smog season – NEXT YEAR. That’s the one recently proposed by the TCEQ after the last public hearing in early mid-July. Final comments were due on August 8th. But this plan is unlike any other in history because it does nothing but sit back and watch people buy new cars.

That’s right. The state’s entire plan for getting us down to a level of smog that’s now considered “unprotective of human health” by the George W. Bush EPA is letting the market do its thing and allow folks to replace their older, more polluting cars with newer, less polluting ones. Should that new car buying not proceed at the pace the TCEQ computer modeling requires, DFW will have failed twice in the last six years to reach a 14-year-old standard for air quality.

But there’s overwhelming circumstantial evidence that TCEQ never really intended DFW to meet that goal. Indeed, from the evidence it appears that wasn’t the primary goal of this smog plan at all. It’s real goal was not to impose any new rules and regulations that industry might find bothersome while waiting for the Obama Administration to announce a new ozone standard that would necessitate a new, more elaborate air plan for DFW that could then be used to achieve both goals….eventually, and after Rick Perry was finished running for President.

Because the new DFW air plan was written by TCEQ not to achieve the 85 ppb standard, but to allow Perry to avoid making any potential business donors mad at him over new air quality controls mandated by a more aggressive plan. How do we know this? Because the “do-nothing” plan that TCEQ has yet to officially submit to EPA has been so effective at doing nothing about cleaner air that it’s already failed.

A running average is kept by EPA of DFW’s last three summer high ozone readings to determine whether we’re in compliance with the ozone standard or not. As of right now, that three year running average stands at 88ppb, thanks to the smoggiest summer in DFW since 2007. We have until only the end of next summer to bring that down to 84ppb or this proposed TCEQ plan officially fails. Our high ozone reading for next summer would have to be only 77 ppb to reach that goal. We’ve never gone below 85.

Even before they submit this plan, it’s already DOA and the state knows it. So does the EPA. In comments submitted on August 8th, EPA Region 6 Air Planning Chief Guy Donaldson concluded that:

“The State has noted that, based on a technical demonstration including modeling and other evidence that the Dallas Fort Worth areas will attain the 1997 ozone standard by the end of the 2012 ozone season. Based on the current monitoring data and the limited reductions that will happen between now in 2012, however, it seems unlikely that the area will attain.”

This current failed plan is just a placeholder. The state is waiting for the EPA to announce a new federal ozone standard this summer that DFW will also not be able to meet and use that extended timeline for a SIP to kick the DFW smog can down the road. Meanwhile, DFW residents continue to pay for Governor Perry’s political ambitions with their health.

Everyone knows the TCEQ’s smog plan won’t work, but because the TCEQ can show, on paper, at least, that it’s computer modeling predicts that it will, this strange Kabuki theater of submitting a proposal that’s already failed is allowed to continue to its bitter end.

In Frisco however, the state did away with any pretense of appearances and didn’t even bother with a decent computer model, or much of anything else by the looks of the EPA comments on that clean air plan.

The land in and around the Exide lead-battery smelter is violating the lead air concentration standards of the Clean Air Act and caused the city to host the region’s second “non-attainment” area. Consequently, the state also had to draft a plan to clean up that mess. It didn’t do a very good job. In fact, it looks like it went out of its way to do a really bad one. On the same day he was telling TCEQ that ts DFW smog plan probably wouldn’t work, EPA’s Donaldson was also telling the Commission that since it had ignored routine guidance on how to perform modeling, the Frisco plan was “unapprovable.”

It’s not that EPA never rejects plans from state government. It does. It’s the reasons the EPA gave this time, on paper, for its rejection that make the Frisco case just a great example of your tax dollars at work. Despite the EPA specifically telling TCEQ what it needed to perform the analysis, the TCEQ refuses to do it. The frustration comes through despite the formalized style employed by EPA in writing such comments:

“The modeling analyses (Base Case and Future Case), in many cases, do not follow EPA regulations and guidelines for attainment demonstration SIP modeling. TCEQ did not follow the provisions of 40 CFR 5l.lI2 and 40 CFR Part 51 Appendix W, Guideline on Air Quality Models (GAQM). In particular, TCEQ did not conduct modeling in accordance with a modeling protocol agreed to between EPA and TCEQ. Despite EPA’s requests for a protocol prior to TCEQ conducting the modeling for the attainment demonstration SIP, no protocol was shared with EPA prior to TCEQ finalizing the modeling included in the proposal. EPA did have a number of conference calls with TCEQ and provided guidance on modeling for this proposal, but TCEQ did not follow many of EPA’s recommendations to meet the requirements of 40 CFR5I.II2 and 40 CFR Part 51 Appendix W, GAQM.”

The level of non-cooperation is so extensive, so fundamental that one can only conclude that the TCEQ intentionally sabotaged its own plan. Never disturb business if you can avoid it, even when its a lead smelter in the middle of America’s fastest growing city.

In effect, the Perry Administration has adopted the tactics of non-cooperation” that the Deep South state governments adopted during the 1950s and 60s to fight enforcement of federal civil rights laws and applied them to fighting the enforcement of federal environmental laws. Just like George Wallace and his ilk didn’t believe in the goals of integration, so Rick Perry and his TCEQ don’t believe smog and lead are bad for you. They reject the entire premise of the laws they are charged with enforcing. But instead of standing in the Exide corporate doorway keeping the EPA out, Perry and the TCEQ have just decided not to perform its responsibilities as the state’s environmental agency. They’re writing air plans that are designed to fail.

The Obama EPA is set to meet its fourth deadline in less than two years for announcing a new federal ozone standard. If they don’t hurry up and get one out soon, we may all have to suffer through another failed TCEQ air plan for the old standard.

This is the article the Dallas Morning News printed today on 2011 ozone levels. You should read it.

Then, if you haven’t already, you should read the post directly below this one.

Now, decide if the DMN wrote their piece specifically to try to rebut our post, or is it independently that shallow in how it looks at the data from this year?

No mention of the one or two air plans that have been implemented between the first part of last decade and now. Or the big difference in pre-2007 numbers vs after-2007 numbers.

No mention of the flat line that has been our ozone levels in DFW since around 2007, or the roll back this year’s numbers represents. Or mention that air pollution from new gas sources over the last five years is actually making planned progress impossible.

No mention of the fact that this year’s Design Value is the highest since 2009, and we have more monitors out of compliance than at anytime since 2007.

No mention of what part, if any, the economic slowdown is responsible for the difference between the early oughts and now.

No mention of the phenomena of excessive heat actually leading to less ozone because of the lack of atmospheric mix, something discussed in our comments section.

No mention of the fact that the proposed TCEQ do-over air plan aimed at the old 85 ppb standard is already obsolete itself because of the severity of this summer’s ozone numbers.

This summer is not following the script the TCEQ had already written in their air plan, but you wouldn’t know it from reading the News

They’ve got their rose-colored glasses on.

As reported below, this last Wednesday was the single smoggiest day in DFW this summer.

In fact, it was the single worst day in at least two summers, and maybe longer.

One of the results of this first week of Smogust was that a fourth DFW monitor, way up in Pilot Point, Denton County, had an “exceedence” over 85 ppb for the fourth time this year and it officially joined Keller, Denton, and Frisco as locations that have violated the 1997 federal ozone standard in 2011.

DFW has not had four monitors in violation of that standard since 2007. Using that as a measuring stick, we’ve already had the smoggiest summer in five years.

DFW’s ozone “Design Value,” i.e. the highest reading among the pool of fourth-highest readings at each monitor (every monitor gets three mulligans before the “exceedences” officially count as a Clean Air Act violation) so far this summer is the 90 ppb reading from the Keller monitor in early July.  That’s the second highest in the last five years (Eagle Mtn Lake had a 91 in 2009), and 5 ppb worse than it was last year.

Air quality in DFW has stopped getter better. At best, it’s stagnating. At worse, we’re seeing a rollback. This is exactly the opposite of what’s supposed to be happening according to the Texas Commission on Environmental Quality. Because all of us are supposed to be going out and buying new, less polluting cars (thanks to that awful EPA) smog levels should be steadily decreasing. To the point where we’ll be below 85 ppb by the end of NEXT summer. It’s all right there in their computer model. If only the real word would get it together and act like the model.

And it’s only the beginning of August. We’ve had violations as late as September 21, and season-high readings as late as mid-August. With the continuing drought and heat, we could certainly have high numbers well into September this year. Grapevine is just one more “exceedence” over 85 ppb away from being another monitor officially in violation of the Clean Air Act –  that would bring the total to five. Dallas North and Rockwall are two and three bad air days away from adding to that number. We’re just two more bad days away at Denton and Frisco from seeing the Design Value climb to as high as 91 or 95 ppb.

DFW hasn’t seen dramatic decreases in pollution since the most important parts of the 2006-2007 air plan was implemented – the one that cut cement plant pollution from Midlothian and contained actual control measures instead of just being a spectator to new car purchases.

Since that point, progress has stopped and a retreat is now in progress. Rick Perry is not making DFW air cleaner. He and his TCEQ are making it harder to have safe and legal air in DFW by not requiring the same level of controls on the cement plants, coal plants, and the gas industry as EPA has required of cars and trucks. These are the sources of smog pollution the state is responsible for regulating, only Rick Perry’s environmental agency isn’t interested in, you know, improving the environment.  Meanwhile, breathers in North Texas are stuck with the worst air in the last five years with no end in sight.

Sunscreen? Check. Hydration? Check. Oxygen tank?
Check.

Monday it was the Frisco monitor with a violation of the 1997 eight-hour ozone standard we’re still trying to meet in 2011. Tuesday it was Denton. Today…..by 11 am Rockwall shot up to 99 ppb which isn’t a good sign at all. Look for one or more monitors to trip again by the time the sun sets. You can keep track of your own deteriorating air quality here.

Update:
And so Wednesday’s final tally produced the single worst bad air day in DFW this summer, as well as the worst ozone season in five years. Six monitors exceeded the 1997 8-hour, 85 ppb federal standard that the current TCEQ clean air plan is supposed to meet: Frisco, Denton, Dallas North, Rockwall, Grapevine, and Pilot Point. Five of those monitors recorded  their highest readings for this summer. Combined with Tuesday’s violation in Pilot Point (which we missed), today’s smog levels make that monitor the fourth one in DFW now totally out of compliance with the 85 standard.  And folks, we haven’t had four monitors out of compliance with the 1997 standard since 2007.

Yesterday was a bad air day in North Texas despite the official TCEQ ozone forecast of “no problem-o.”

Smog monitors in Keller and Denton had already recorded their fourth reading over 85 parts per billion (ppb), with Keller providing this year’s benchmark high of 90 ppb. On Monday, the wind blew NE and it was Frisco’s turn, resulting in a 1997 standard-busting eight-hour average of 86 ppb.

That makes three DFW monitors out of compliance with the federal ozone standard we’re supposed to be meeting by now. That’s the most since 2009, when we also had ozone readings in the 90 ppb range.

We have one more summer to reach a three year running average of under 85 ppb, or the current TCEQ strategy officially fails. We’d have to have a lot of rain or favorable circumstances next summer to be able to avoid that fate. Or, you know, a really good clean air plan. The outlook for either is dim. Feds Fair Share: EPA Issues Gas Pollution Regs

Friday, July 29, 2011

In reaction to a court-ordered deadline for action, the EPA on Thursday released new proposed rules for reducing air pollution from oil and gas production, particularly from “fracking.” They look a lot like our own Fair Share Campaign, that in turn looked a lot like the conclusions of everyone who’s examined the issue who doesn’t work for the gas industry. And echoing Dr. Sattler’s “Leaking Money” report published by Downwinders in May, EPA estimates the controls will save gas operators millions of dollars annually by reducing waste.

Turns out that TCEQ is color-blind as well.

Some of you may subscribe to the Commission’s  DFW ozone alert e-mail list.

You may think those “Orange Alerts” you’ve been getting every so often since Spring are an indication of what days represent breathing health threats. You would be wrong.

When you get an orange alert, it means one or more monitors in DFW is registering an ozone level of between 75 and 96 parts per billion (ppb). This level of smog pollution is officially classified by TCEQ as air “unhealthy for sensitive groups.” You actually have to have a smog problem above 95 ppb to just be plain “unhealthy” air at TCEQ.

But TCEQ’s entire alert system is based on an out-dated understanding of what levels of smog do damage to public health.

Three years ago, the Bush Administration EPA recommended a new federal ozone level of between 60 and 70 ppb concluding that the old 85 ppb standard was no longer protective of public health. So when TCEQ is telling you the air outside represents only a threat to “sensitive groups,” it’s really a danger to all of us. And that danger goes down to 70 or even 60 ppb.

NPR had a report on the new standard and the antiquity of similar “air quality alerts” across the country.

The difference in the number of days that there are “unhealthy” levels of smog in DFW is significant depending on where you’re starting point is.

Since April, there have been 12 “orange” days in DFW according to the TCEQ database on line here (75 to 95 ppb at one or more monitors). During that same time there were 32 “yellow days” (60 to 74 ppb at one or more monitors) including nine that saw levels at 70 to 74 ppb.

So instead of 12 days of air this summer that have been “unhealthy for sensitive groups,” there have actually been 44 days of air that would be considered potentially unhealthy for everyone by EPA scientists. The problem of bad air grows almost 400%.

When things are orange at TCEQ, they should really be red. At least, you know, according to the scientists who study this stuff for a living.

However out of whack this system is regarding public health and current science, it’s in perfect alignment with the TCEQ’s and Governor Perry’s ideological view that smog isn’t much of threat to human health. For years, the agency has argued that ozone is a “benign pollutant” and doesn’t deserve all the regulatory attention it’s gotten from EPA.

Let’s all watch and see how long it takes for TCEQ to adapt its color-coded ozone alert system to the reality of a new EPA ozone standard scheduled to be announced in early August now. Office pool starts now. Here are the odds as of today:

Change when EPA proposed new standard is announced –  1000 to 1 Against
Change when EPA adopts final rules – 100 to 1 Against
Change when EPA requires new DFW clean air plan for the new std. – 50 to 1 Against
Change when Rick Perry leaves office – 2 to 1 For  

Just the other day, we were wondering if the Obama Administration could withstand industry lobbying on its third try to announce a new federal ozone standard that will make all the usual suspects cry out that the sky is falling. We have another 20 days or so to see out that decision turns out.

But there’s no question the Obama EPA is standing behind its proposed interstate air pollution transport rule, a re-working of a George W. Bush scheme to reduce pollution crossing state lines, despite all the whining by Rick Perry, TCEQ, ERCOT, the Dallas Chamber of Commerce and whoever else Luminant could get to pile-on that the EPA was just picking on Texas again.

This last week saw the EPA pushing back with specific opinion pieces in the major dailies, and a timely swing through the state by EPA Administrator Lisa Jackson.

It’s behind the DMN paywall, but Gina McCarthy, Assistant Administrator of the Agency’s Office of Air and Radiation writes that,

“Despite claims to the contrary, this rule is based on sound scientific and economic analysis and will benefit the people and businesses of Texas.

This rule will also help Texas be a good neighbor by preventing pollution before it can become a problem for other states — and unfairly deprive their people of the health benefits associated with breathing clean air. As a matter of fact, fine-particle pollution from Texas power plants travels far and wide, significantly affecting air quality for millions of Americans in 11 states. In turn, pollution reductions taken in other states and Texas will benefit Texas families, preventing an estimated 670 to 1,700 premature deaths per year starting in 2014.

In other words, Texas is not being “singled out” by the EPA, as some have claimed. Texas and its sources of pollution are being held to the same standards as other states.”

(Funny story about Ms. McCarthy and Texas. During the 10-month wait in 2009 for a new Region 6 EPA Administrator to be appointed by the Obama Administration, long-time General Counsel Larry Starfield became Acting Regional Administrator, has he has been before when waiting for a new President to appoint a replacement. Nothing new there. Except that Texas and EPA were already at odds over the legality of the state’s “flex permits.” Instead of allowing Starfleld to act as the Agency’s negotiatoir, TCEQ Chairman Byran Shaw insisted that senior EPA officials from DC be at the table – no substitutions allowed -even though Starfield had the most experience with the program. Consequently, to satisfy Chairman Shaw’s pique, McCarthy traveled down to Texas over and over again during that first year, until Dr. Armendariz was eventually appointed as Regional Administrator and took over the reins. Ms. McCarthy knows the TCEQ very well. )

At the same time, Administrator Jackson was in Austin at a conference on green energy when she was asked about all the moaning and groaning by state officials on behalf of EFH and Luminant, the companies that have the dirtiest coal-fired power plants in Texas, and therefore the most cleaning-up to do. She had this to say:

“Well, three points. I’m happy to talk to ERCOT and we’re going to reach out to them to understand their concerns. But three things. Remember, the cross-state pollution rule is really the next generation of CAIR, which was proposed under Bush administration. Texas is a part of it. There is no surprise here for facilities. Don’t forget the extraordinary public health benefits. We’re talking about between 670 and [number unclear on tape] lives each year starting in 2014. That’s Texans. And that equates to billions, between $5 and $14 billion in health costs. Last but not least, this is not an onerous rule. Our modeling shows that over 50 percent of the pollution, the particle pollution, the soot that we’re worried about, comes from three plants. This is technology that’s out there that other plants have. Actually much of Texas’s generation is quite clean, and so our model shows this can be done cheaply and efficiently.”

Let’s take this opportunity to remind everyone that at the same time that Governor Perry and Bryan Shaw are criticizing EPA for it “heavy-handedness,” with this transport rule and other issues, the two are using the EPA’s own tougher emissions standards for cars as the basis for the proposed DFW smog plan. TCEQ’s strategy, and we’re not making this up, is to watch as everyone buys new cars with these higher emission standards and hope that smog levels go down.

When the new EPA transport rules take effect, there will be less ozone-forming pollution making its way from East and Central Texas coal-fired power plants into the DFW Metromess. This probably means there will be less ozone in general (although you never know with the rise of gas drilling in North Texas). And that probably means lower ozone levels sometime around 2014. If the levels do dip, we’re pretty sure that state officials will find a way to take credit for it, even as they accuse the EPA of destroying Texas’ economy.