GBCPA Press Release
FOR IMMEDIATE RELEASE
July15, 2004
CONTACT: Katie Chimenti, 281-286-9750
Jim Blackburn, 713-524-1012
Citizens to Sue TCEQ over Ozone Violations
As the greater Houston area enters the season of ozone alerts routinely
accompanying weather broadcasts, a watchdog group has filed a notice of intent
to sue the Texas Commission on Environmental Quality for its failure to insist
on making the region's air safe to breathe.
Ozone is a pollutant for which a National Ambient Air Quality Standard has
been set. The Houston-Galveston region has been out of attainment with the
one-hour ozone standard since the passage of the Clean Air Act of 1970.
"The State of Texas through its environmental agency has failed to attain
the national standard after 34 years," said Jim Blackburn, Chair of the
Galveston Bay Conservation and Preservation Association (GBCPA). "This is
unacceptable and violates the law."
GBCPA will therefore file suit against the TCEQ under the citizen suits
provision of the Clean Air Act. This provision allows anyone to take legal
action against a state agency that is in violation of a U.S. Environmental
Protection Agency order on a timetable of compliance with the act.
"Thirty-four years is more than enough time," said Blackburn. "By now we
should have a plan in place that would demonstrate achievement of the ozone
standard, but there is no such plan."
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Citizens to Sue TCEQ, 2 of 3
In December of 2000, TCEQ's predecessor agency (the Texas Natural Resource
Conservation Commission) filed revisions to the State Implementation Plan for
the Houston-Galveston ozone non-attainment area. Included were three
"enforceable commitments": to complete mid-course review by May 1, 2004; to
adopt measures for additional NOx (nitrogen oxide) reductions; and to adopt
rules for those reductions. The EPA approved the Texas plan with these three
enforceable commitments.
"This is the plan that should be in place by now, improving the air quality
of the region," said Blackburn. "But May 1 has come and gone, and TCEQ has not
complied with any of the three undertakings."
The notice of intent to sue, dated July 14, was addressed to TCEQ Chair
Kathleen Hartnett White, Commissioners Ralph Marquez and Larry Soward, and
Acting Executive Director Glenn Shankle. It charges that the agency and the
commissioners themselves are responsible for violations of the EPA order
beginning on May 2, 2004, with each day beyond that date constituting an
additional violation.
Numerous members of GBCPA live in the Houston-Galveston non-attainment area.
Many live in the eastern part of Harris County, where residents are subject to
some of the higher levels of ozone air pollution within the non-attainment area.
For the past six years GBCPA has spearheaded opposition to the Port of
Houston Authority's proposed mega-container port at Bayport. The group contends
that because of the large-scale diesel emissions of ships, trucks, and dockside
heavy equipment, the Bayport project is unacceptable. It would only further
compromise regional air quality that is already out of compliance with federal
law.
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Citizens to Sue TCEQ, 3 of 3
In the Bayport Environmental Impact Statement, the U.S. Army Corps of
Engineers found the proposed Bayport project to be in compliance with the State
Implementation Plan for the Houston-Galveston non-attainment area, based on the
assumption that the State of Texas would follow through with with that plan and
based on assurances from the TCEQ.
The Corps' determination that the Bayport facility would be in compliance
with a legal State Implementation Plan is disembowelled by TCEQ's failed
commitments. Blackburn further charges that computer modeling used by the TCEQ
does not incorporate all the known sources of reactive hydrocarbon emissions and
cannot provide a realistic basis for decision making.
GBCPA is also appealing a recent federal court decision upholding the permit
for the Bayport project. On April 15 Texas City broke ground for a new regional
container port at Shoal Point, a site originally under consideration as an
alternative to Bayport. Shoal Point has no residential neighbors and presents
much lower environmental risks than Bayport.
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Galveston Bay Conservation and Preservation Association
P.O. Box 323, Seabrook, Texas 77586
Phone: 281-326-3343
Website:
http://www.gbcpa.net
E-mail: gbcpa@ev1.net