http://www.environmenttexas.org/in-the-news/clean-air/clean-air http://www.environmenttexas.org/in-the-news/clean-air/clean-air/formosa-fined-for-releases Point Comfort plant hit with state fines for 2005-06 violations http://www.environmenttexas.org/in-the-news/clean-air/clean-air/formosa-fined-for-releases Thu, 06 Nov 2008 09:44:31 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/high-ozone-levels-unhealthy-air-expected-today-in-dfw By Bailey Shiffler Star-Telegram Staff Writer http://www.environmenttexas.org/in-the-news/clean-air/clean-air/high-ozone-levels-unhealthy-air-expected-today-in-dfw Thu, 29 May 2008 10:07:58 -0500 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/two-environmental-groups-have-banded-together-and-filed-a-lawsuit-against-oil-giant-shell-oil-company-in-deer-park The first-ever lawsuit filed by citizen groups in Texas aims to stop http://www.environmenttexas.org/in-the-news/clean-air/clean-air/two-environmental-groups-have-banded-together-and-filed-a-lawsuit-against-oil-giant-shell-oil-company-in-deer-park Tue, 29 Jan 2008 15:59:52 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/clean-the-air Citizens frustrated by air quality violations at an area refinery take their case to court. According to its own reports to stateregulators, the Shell Oil http://www.environmenttexas.org/in-the-news/clean-air/clean-air/clean-the-air Tue, 29 Jan 2008 16:02:24 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/texas-environmental-advocates-sue-shell-oil Environmental groups sued the Shell Oil Company and several of its http://www.environmenttexas.org/in-the-news/clean-air/clean-air/texas-environmental-advocates-sue-shell-oil Tue, 29 Jan 2008 15:48:59 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/shell-sued-over-deer-park-refinery-emissions Environmental activists filed a federal lawsuit Monday against Shell http://www.environmenttexas.org/in-the-news/clean-air/clean-air/shell-sued-over-deer-park-refinery-emissions Tue, 29 Jan 2008 15:52:34 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/groups-sue-over-refinery-pollution Two environmental groups filed a lawsuit http://www.environmenttexas.org/in-the-news/clean-air/clean-air/groups-sue-over-refinery-pollution Tue, 29 Jan 2008 15:54:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/environmental-groups-file-suit-against-shell-oil Sierra Club and Environment Texas filed a lawsuit Monday in federal district court against Houston-based Shell Oil Co. and several affiliates alleging the company is violating federal air quality standards. http://www.environmenttexas.org/in-the-news/clean-air/clean-air/environmental-groups-file-suit-against-shell-oil Tue, 29 Jan 2008 15:56:00 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/pollution-suit-hits-shell Two environmental groups filed a Clean Air Act lawsuit against Shell http://www.environmenttexas.org/in-the-news/clean-air/clean-air/pollution-suit-hits-shell Tue, 29 Jan 2008 15:57:32 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/environmentalists-sue-shell-oil-in-texas http://www.environmenttexas.org/in-the-news/clean-air/clean-air/environmentalists-sue-shell-oil-in-texas Tue, 29 Jan 2008 15:58:46 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/the-house-comedy-on-environmental-deregulation The motto for the House Committee on Environmental Regulation ought http://www.environmenttexas.org/in-the-news/clean-air/clean-air/the-house-comedy-on-environmental-deregulation Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/the-brouhaha-over-benzene http://www.environmenttexas.org/in-the-news/clean-air/clean-air/the-brouhaha-over-benzene Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/senate-bill-aimed-at-reducing-ozone-pollution   By SCOTT STREATER http://www.environmenttexas.org/in-the-news/clean-air/clean-air/senate-bill-aimed-at-reducing-ozone-pollution Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/local-lawmaker-files-bill-to-ramp-up-emissions-reducing-efforts Sen. Kip Averitt, R-McGregor, filed a bill Thursday that would amp up efforts to reduce emissions in Texas. http://www.environmenttexas.org/in-the-news/clean-air/clean-air/local-lawmaker-files-bill-to-ramp-up-emissions-reducing-efforts Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/gov-wants-more-cash-to-cut-air-pollution Janet ElliottAustin Bureau http://www.environmenttexas.org/in-the-news/clean-air/clean-air/gov-wants-more-cash-to-cut-air-pollution Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/coal-tops-legislature39s-environmental-agenda By RANDY LEE LOFTIS  AUSTIN – Coal-burning power plants, smog and toxic pollution are pushing the environment high on the Legislature's agenda in 2007. Environmental lobbyists say a combination of electric companies' massive building plans and public health worries could bring changes in how Texas deals with energy and air quality. "I think we have great prospects," said Luke Metzger, legislative director of the Austin-based group Environment Texas. Legislators will have the chance to attack urban air pollution during this session by requiring automakers to sell only cleaner-running California-type cars in Texas. That is something the state has refused to do previously despite studies blaming vehicles for much of the state's smog. A raft of energy-efficiency measures is also in the works, as is an effort to crack down on cancer-causing air pollution from the state's oil, chemical and manufacturing industries. No issue, however, is likely to dominate the session's environmental debates more than coal. Pending permit applications for 16 new plants that would burn coal using conventional technology have stirred opposition from nearly two dozen cities, including Dallas and Houston, as well as lawsuits in state and federal courts. The companies say their plants would be among the nation's cleanest, but critics say they're still needlessly dirty. Environmentalists also complain that the state's permit rules reward companies for choosing coal, the cheapest but most polluting fuel for making power. Unhappiness with the Texas permit system has forged unusual alliances of conservative Republicans and liberal Democrats in the House. One result could be a bipartisan attempt to declare a temporary halt to pending coal plant permits until the state toughens its rules, although many of the permits could be granted before a moratorium bill could pass late in the session. A moratorium bill would almost certainly face a veto by Gov. Rick Perry. A resolution expressing legislative displeasure with the state's approach to air permits rules, while nonbinding, wouldn't be subject to a veto. Bills being prepared would order some of the rule changes that critics want, including a mandatory consideration of cleaner coal combustion methods. A bill already filed would slap a tax on Texas coal and use the proceeds to fund energy-saving technology. Even some conservative stalwarts such as Rep. Jerry Madden, R-Plano, say they're worried that Texas is rushing ahead with new coal plant permits without knowing the possible consequences for public health. He was among 25 House members from both parties who signed a letter in November asking the state's environmental agency to delay the permits. "I believe that we should take a good, solid look at the whole thing," Mr. Madden said this week. "What's the total impact, not just TXU, but everything?" Dallas-based TXU wants to build 11 of the 16 new coal units. Mr. Madden said some of his House colleagues want to stop the permits altogether, but he just wants a more deliberate look at them. Mr. Perry has ordered the state hearing process for new coal plants cut in half, from a year to six months, saying Texas urgently needs more power. 'Finding a solution' Electric companies are telling legislators the same thing. "Texans can't afford delay," TXU spokeswoman Kim Morgan said. "We have to move forward in finding a solution." Mr. Madden, however, said he didn't think a few months' extra study would harm Texas' long-term energy outlook, considering that the new plants wouldn't be finished until about 2010 and would operate for decades. "Let's move intelligently and take the right steps," he said. A top business lobbyist who backs the coal plants said the permit system already protects the public without any of the possible reforms that critics have in mind. Changing it would just slow down economic progress, said Bill Hammond, president and CEO of the Texas Association of Business. "We believe that [permitting process] to be a fair one," said Mr. Hammond, a former four-term House member from Dallas. "We would oppose any legislation that would tinker with that process." Power companies, big spenders on Texas political campaigns and lobbyists, are fighting back with a publicity drive timed to coincide with the session's start. Last week the Clean Coal Technology Foundation of Texas, a group run by an Austin public relations firm that works for electric companies, warned of power shortages by next year. The group also touted clean-air progress. Legislators can count on hearing from power company lobbyists on every detail of every bill about coal, energy or air quality. "We're at the table and we're going to be a resource for all the members [of the Legislature] so they can make educated decisions on behalf of their constituents," TXU's Ms. Morgan said. Rep. Rafael Anchia, D-Dallas is fighting the coal plants. He said frustration with decades of Dallas-Fort Worth smog and resulting health problems had built a coalition for cleaner energy. "This is something the common man on the street is aware of," he said. "It's not a change in attitude; it's a visceral reaction." At the urging of Dallas business leaders concerned about the new coal plants, Mr. Anchia plans to file a bill that would require electric companies to justify their decisions not to use integrated gasification combined cycle technology, or IGCC. The U.S. Environmental Protection Agency says the process, which turns coal into a gas for burning, is inherently cleaner than typical coal combustion. A tax for coal? Mr. Anchia said he hasn't ruled out filing a bill that would go further and require the use of IGCC. Most electric companies in Texas have rejected IGCC, saying it's not reliable or proven. This week, TXU distributed a list of what it said were the process's technological and economic failures. Mr. Anchia has filed another bill that also attempts to strike at coal's economic advantage over cleaner-burning natural gas. That bill would tax coal used or stored in Texas at 7.5 percent of its value, the same rate at which Texas taxes natural gas, the state's top fuel for electricity. "Why do we have a 7.5 percent use tax on natural gas and not on coal?" Mr. Anchia asked. "We have a distortion in the marketplace." TXU believes a coal tax would do nothing but raise consumers' electric bills, Ms. Morgan said. TXU owns its own mines in Texas and buys coal from Wyoming. Mr. Anchia's bill would tax coal mined in Texas, as well as coal from other states that is stored in Texas for use here. According to the state comptroller's office, the natural gas tax generated $2.34 billion in 2006, but that's expected to drop to $1.81 billion this year, with more declines expected by 2009 as prices come down. Mr. Anchia's coal tax would bring in about $146 million a year, the comptroller's office estimated. The money would boost the state's emerging technologies research. Business groups are against the idea. "We don't see the need for any new taxes," said Mr. Hammond. "The state of Texas is awash in cash." The coal plants' opponents are backing alternatives, a critical factor if they are to convince legislators worried about energy supplies. They expect to support legislation that would boost the state's goal for renewable energy and provide incentives for energy-efficient buildings and solar power. Texas leads the nation in wind power. The sun could be next up if the Legislature makes it easier for homebuyers and builders to install solar power. "Solar, we think, is the next big thing," said Mr. Metzger of Environment Texas. With 100,000 new homes being built in Texas each year, "by not including solar, we're missing a big opportunity," he said. Mr. Anchia is pushing tax breaks, new state standards and other clean-energy measures. "In my view, everything is on the table," he said. "We're in a crisis." California cars Bills by Sen. Rodney Ellis, D-Houston, and Reps. Mark Strama, D-Austin, and Jessica Farrar, D-Houston, would require Texas to adopt California's vehicle emissions standards, starting with 2009 models. Those standards allow roughly half of the smog-causing emissions of the federal limits that now apply in Texas, according to a comparison cited last year by the National Academy of Sciences. California developed its own rules, with Congress' blessing, to attack the nation's worst air pollution. The federal Clean Air Act Amendments of 1990 authorized any state with a smog problem to adopt California's vehicle standards; 11 have done so. Texas has refused to follow California on cars in the past, but lingering smog in Dallas-Fort Worth and greater Houston, along with the state's inability to do much about automobile pollution under existing state law, is increasing the pressure. Two bills would address toxic air pollution, a particular concern for people near industrial plants. Sen. Mario Gallegos Jr.'s bill would mandate strict monitoring to detect unsafe pollution leaving plant sites. The Houston Democrat also wants the state to launch a major research effort to find out how much toxic pollution people are breathing in and how it's affecting their health. His bill would require enforcement if any air pollution increased the cancer risk by more than 1 in 100,000 – that is, if the increased cancer would be likely to cause one additional case of cancer among 100,000 people exposed. Rep. Ana Hernandez, D-Houston, filed a version of Mr. Gallegos' bill that leaves out the monitoring and research. But her bill is much stricter in the amount of cancer-causing pollution it would allow in the air. It would trigger enforcement if pollution increased the cancer risk by 1 in 1 million, just one-tenth of the amount of Mr. Gallegos' bill. Each bill would require the state to publish an annual list of toxic air violations. E-mail rloftis@dallasnews.com Earth-friendly measures Texas coal-burning power plants HB 270, Rep. Rafael Anchia, D-Dallas The bill would impose a 7.5 percent tax on coal used or stored for use in Texas. Revenues would fund research on new energy-efficient technologies. Vehicle emissions SB 124, Sen. Rodney Ellis, D-Houston HB 344, Rep. Mark Strama, D-Austin HB 548, Rep. Jessica Farrar, D-Houston The bills would require Texas to adopt California's Phase II low-emission-vehicle standards starting with 2009 models. HB 375, Rep. Rafael Anchia, D-Dallas The bill would require greater efforts to make low-emissions fuels available to Texas motorists. Energy efficiency HB 230, Rep. Allan Ritter, D-Nederland HB 269, Rep. Rafael Anchia, D-Dallas HB 467, Rep. Joe Pickett, D-El Paso The bills would encourage energy efficiency by authorizing insurance discounts for "green" buildings, raising the energy efficiency goals for electric companies and letting consumers pay for energy-efficient products through their utility bills. Toxic air pollution SB 93, Sen. Mario Gallegos Jr., D-Houston HB 440, Rep. Ana Hernandez, D-Houston HB 547, Rep. Jessica Farrar, D-Houston The bills would mandate new ways of regulating, monitoring or researching industrial air pollution. Mercury in fish HB 299, HB 300, Rep. Jessica Farrar, D-Houston The bills would mandate testing for mercury in fish sold at retail outlets, and the posting of warning signs aimed at pregnant women and the parents of small children if high levels are found. http://www.environmenttexas.org/in-the-news/clean-air/clean-air/coal-tops-legislature39s-environmental-agenda Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/environmentalists-want-to-slow-push-for-coal Legislators returning to Austin next week will be met with a growing controversy. A plan by TXU to build up to 19 new coal-burning power plants across the state continues to stir up debate. A coalition of environmental groups will ask legislators to stop the plan for these coal plants. They want more time to figure out the best way to handle the state's looming energy crisis. Even staunch opponents of the coal plants agree that Texas is on the verge of an energy crisis. That's why TXU wants to build a new coal-burning facility at Milam County's existing Alcoa plant and at least 11 other locations by 2010. Many of those new facilities would be clustered in Central Texas. "The bad news is that most of our metropolitan areas are downwind of the emissions from these power plants," said Tom "Smitty" Smith with the Texas office of Public Citizen. "The state of Texas needs this power sooner rather than later. We're using less coal to get more power. These new units will be 80 percent cleaner than the average U.S. coal plant," TXU spokesperson Kim Morgan said in a phone interview with KXAN. Some say the new plants won't even solve the problem. They say the plants will just make the problems worse. "These plants would not be brought online in time to meet that power crunch in 2008, and by the time they were built, they'd actually provide way more energy than Texas needs," Luke Metzger, director of Environment Texas, said. "Air pollution is already making Texas families sick. More dirty coal plants will mean more asthma, more lung disease and more premature deaths," said Lisa Doggett with Austin Physicians for Social Responsibility. TXU's response is that "Coal has gotten a bad reputation over the years. People picture smokestacks billowing black smoke. That's not the way we operate." In a show of support, Gov. Rick Perry has already ordered state agencies to speed up parts of the permit process. "They truly are bulk permitting major industrial facilities that could impact Texas for 50 years. This is unprecedented," Karen Hadden with the SEED Coalition said. The controversy is catching the attention of lawmakers. "On a daily basis, we are getting inquiries from the members of the Legislature asking what they can do about this problem and what the alternatives are," Smith said. That's just what the environmental coalitions want. They will be knocking on lawmakers' doors next week, asking them to sign on to re-evaluate the coal plant plan. http://www.environmenttexas.org/in-the-news/clean-air/clean-air/environmentalists-want-to-slow-push-for-coal Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/texas-considers-california-emissions-standards  Updated: 12/19/2006 9:57 AMBy: Hermelinda VargasThe guys at Eddie's Auto Electric Shop worry how a proposed bill on tighter emissions standards might affect their business. http://www.environmenttexas.org/in-the-news/clean-air/clean-air/texas-considers-california-emissions-standards Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/business-lobby-says-coal-essential William Pack Express-News Business Writer Texas' largest business lobbying group urged the state to support plans expanding the number of coal-fired electric plants here, calling it the quickest, cheapest and most responsible way to avoid a looming energy shortfall that could hit as early as 2008. "With new technologies, Texans do not have to choose between clean air and affordable electricity," Texas Association of Business President Bill Hammond said of the association's energy development initiative. "Coal can deliver both." The initiative, unveiled at a news conference in San Antonio on Friday, calls for a diverse response to an electric-generation-capacity problem that could leave the state with dangerously low levels of energy by 2008. Hammond touted the potential of nuclear power, wind energy and energy conservation measures, but said coal-fired generation, with new, emission-reducing technologies, is "the only solution for the near term." The association's position attempts to shape the public dialogue as state regulators consider permits for 15 controversial coal-fired plants. Four other plants are either under consideration or have been approved, including the plant San Antonio's CPS Energy is building on Calaveras Lake. No coal-fired power plants have been opened in Texas since the early 1990s, when cleaner, natural gas-fired plants became popular. Environmentalists hope to keep as many as they can out of operation. Two environmental groups released a study last month that said pollution from the 19 coal-fired plants evaluated in Texas would result in the premature deaths of roughly 240 people a year. The plants also are expected to release more than 100 million tons of carbon dioxide into the air, increasing the greenhouse gases in a state that already leads the nation in the production of those gases, activists said. Luke Metzger, a spokesman for Environment Texas, an advocacy group that opposes the coal plant permits, said energy-efficiency initiatives hold more promise than the coal plants, which can not be made operational quickly enough to address the energy shortfall expected in 2008. disagrees, saying the technology behind the conservation measures that environmentalists propose is unproven. Nor does he believe conservation would cut power demand enough to overcome the anticipated shortage. "I don't see the wisdom in their ideas," Hammond said. The Electric Reliability Council of Texas, which manages the electric transmission grid for most of the state, has said that without new power plants, it may not maintain the 12.5 percent reserve margin of electricity that it has established as a standard for reliability by 2008. The association said with the new coal plants, that margin can be retained through 2015. Texas has depended too heavily on natural gas as a feedstock for electric power generation, and as a result, electric prices in the state have increased more than 50 percent since 2001, the association said. Hammond said that with coal as a feedstock, electric supply should be more reliable, cheaper and cleaner to supply than in the past. New technologies make coal plants 80 percent cleaner than the average existing plant, he said. Officials expect the state to decide on permits for the proposed plants next summer. wpack@express-news.net http://www.environmenttexas.org/in-the-news/clean-air/clean-air/business-lobby-says-coal-essential Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/california-tailpipe-rules-could-cruise-into-texas BY DANIEL MOTTOLA http://www.environmenttexas.org/in-the-news/clean-air/clean-air/california-tailpipe-rules-could-cruise-into-texas Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/emissions-legislation-would-tighten-standards Air pollution is a constant concern for El Paso, so it's good to see that the next session of the Texas Legislature will consider a measure that would tighten vehicle emissions standards. Vehicles spew out a gaseous soup of pollutants that do everything from contributing to the "haze" we so often see hanging over the El Paso area to posing a very real danger to people with health concerns that include heart conditions, asthma and other respiratory problems. Even though El Paso has met air quality standards and gained attainment status from the Environmental Protection Agency, it's often visibly obvious that pollution is still a problem, whether that realization comes from ozone warnings posted on freeway electronic sign boards or just looking at the blanket of brown haze over the city. Vehicles aren't the only culprits in El Paso's battle against pollution. Particulates generated by dust storms, pollution that drifts north from Mexico, industry-generated pollution ... there are plenty of sources. But taking care of air-quality problems, particularly in such heavily polluted areas as Houston and the Dallas-Fort Worth Metroplex, will only happen one step at a time and the emissions measure to be considered by the Legislature is one important part of the solution. State Sen. Rodney Ellis, D-Houston and state Rep. Mark Strama, D-Austin, announced the bill last week. It will involve both stricter emissions limits coupled with a requirement that Texas would have to sell a certain percentage of cars using advanced technologies such as fuel cells and hybrid gas-electric vehicles. El Paso Mayor John Cook is a supporter of the measure, and said, "I've been a very strong advocate for environmental issues. It is not only a quality-of-life thing, it is an economic development issue." Cook makes an interesting point. As El Paso struggles to improve its economy, it's important that air pollution not only be kept in check, but actually improved. Attracting the drivers of economic development demands that air quality, among other factors, be acceptable. That's one place where quality of life and successful economic development meet, with much of the possibility of development being reliant on quality of life. Texas isn't exactly in the forefront of tightening down on emissions. Ellis said that 11 states already have tighter controls and a few others, including New Mexico, are thinking about it. There's a downside, of sorts. The tighter emissions standards would inevitably lead to increased costs to motorists, at least initially. However, according to Luke Metzger of Environment Texas, over the years owners of vehicles with stricter emissions controls would actually save money at the gas pump. This emissions bill should get serious consideration in the Legislature's impending session. http://www.environmenttexas.org/in-the-news/clean-air/clean-air/emissions-legislation-would-tighten-standards Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/bill-filed-for-cleaner-cars By: Capella Tucker Texans might get more options for cleaner cars under a bill filed by Houston Senator Rodney Ellis. While lawmakers will have a say in passing the bill, a case before the U.S. Supreme Court will ultimately decide if the bill can become law. Houston Public Radio's Capella Tucker reports . The proposed legislation would require automakers to sell cars and trucks that produce less emissions in the state. Environment Texas Director Luke Metzger says eleven other states have the low-emission vehicle program. "By the year 2020, the clean cars programs that are in place in Connecticut, New Jersey and Rhode Island will reduce vehicle emissions of smog forming nitrogen oxide by 10.8% and emissions of global warming pollution by 18%." Greater Houston Assocation for Smog Prevention Executive Director Sabrina Strawn supports the effort but doesn't want to lose focus on the greater sources of pollution. "We really also still need to continue our focus and intensify our focus on limiting industrial admissions." The U.S. Supreme Court is considering a case that will decide whether the Clean Air Act authorizes the Environmental Protection Agency to regulate pollution that causes global warming. The outcome of that case could determine whether the proposed clean car legislation can be implemented if passed by lawmakers. Capella Tucker, Houston Public Radio News. http://www.environmenttexas.org/in-the-news/clean-air/clean-air/bill-filed-for-cleaner-cars Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/need-for-coal-plants-at-issue  By R.A. DYER http://www.environmenttexas.org/in-the-news/clean-air/clean-air/need-for-coal-plants-at-issue Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/state-environmental-commission-grows-sharper-teeth Environmentalists say it still has no bite By Asher Price AMERICAN-STATESMAN STAFF Trying to respond to years-old criticism that it is soft on enforcement, the Texas Commission on Environmental Quality announced this week that it had decided to crack down on unpaid fees and penalties. The commission said that effective Sept. 1, the agency will no longer issue or renew permits, certifications or licenses to individuals or companies that owe the agency money. If the fees or penalties go unpaid, violators risk operating without a permit and could be subject to further enforcement violations. "We make it very clear regarding what financial obligations are involved in conducting business with the TCEQ," said Commissioner Larry Soward in a statement. "And now we are making the consequences of not taking responsibility for those obligations equally as clear." Since Sept. 1, 3,162 accounts with a cumulative outstanding balance of $3.2 million have been placed with a collection agency. The state is actually owed about $17 million in fees and penalties dating to 1988, according to Lisa Wheeler, a commission spokeswoman. Much of it has been written off as uncollectible because the state cannot find the violators or they have died. Another $1 million is out of reach because of bankruptcy proceedings. Litigation has bogged down $3 million more. (The agency does not break down how much of the owed money is from fees and how much is from penalties.) Officials at the environmental commission said the policy change could shake up how quickly companies turn in their paperwork or pay what they owe — if they opt not to fight a violation notice in court. "This could have a major effect on industries," said Earl Lott, the assistant to the deputy director of the office of permitting, remediation and registration. About two out of three enforcement cases that come before the agency, however, involve a small business or small local government. The violations that are being referred to a collection agency average only $1,010 each. Environmental groups said the change in penalty policy was common sense and does not yet mark real reform in the agency. "It's a no-brainer that you wouldn't let someone that owes you money to continue to operate when they have broken the law, they haven't cleaned up or they haven't paid a fine," said Luke Metzger, who has pressed the agency to beef up its enforcement procedures. The penalty decision came out of a two-year review of enforcement procedures that was prompted by a critical state auditor's report in 2003. The report found that the commission's penalty policies reduced its effectiveness as a deterrent to polluters. The auditor also found that the commission did not consistently settle enforcement cases quickly, calculate penalties accurately or fully collect delinquent penalties. "If unaddressed, these inconsistencies could limit the Commission's ability to collect penalties on a timely basis, hold environmental violators accountable, and deter future instances of noncompliance," the auditor's office concluded. The department has steadily increased funding and staff for its enforcement division: In fiscal year 2002, its budget was $4.2 million and it had 102 full-time employees; this fiscal year, its budget is $5.1 million and it has 119 full-time employees. Assessed penalties went from $8.7 million in 2002 to $13.7 million last year. And last year, agency staff put together a 312-page report on the agency's enforcement procedures with recommendations to the commission. Environmental groups regarded the report as a mixed bag: While it suggested some penalties be stiffened, it stopped short of making it more expensive for industries to pollute than to clean themselves up. The in-house report recommended that the commission take into account the cost of compliance; the auditor's office said compliance costs should not be considered when assembling penalties. "The TCEQ's change in not authorizing ongoing permits for unsettled fines would tend to increase penalties, so this should be good for the environment," said Victor Flatt, a professor of environmental law at the University of Houston who writes about enforcement, in an e-mail. "But if the penalties themselves are not high enough for deterrence, then it won't make as big a difference as it should." asherprice@statesman.com; 445-3643 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/state-environmental-commission-grows-sharper-teeth Fri, 16 Nov 2007 19:58:12 -0600 http://www.environmenttexas.org/in-the-news/clean-air/clean-air/txu-to-spend-10-billion-on-new-texas-generation By Michael Erman NEW YORK, April 20 (Reuters) - Power generator TXU Corp. (TXU.N: Quote, Profile, Research) http://www.environmenttexas.org/in-the-news/clean-air/clean-air/txu-to-spend-10-billion-on-new-texas-generation Fri, 16 Nov 2007 19:58:12 -0600