The EPA Would Be Wise to Review Its Own Data

When the Federal Government Overreaches ... By State Senator Florence Shapiro If youve been keeping up with the news you no doubt know that the air we breathe is becoming a big point of contention between Texas officials & federal authorities in Washington D.C.  The EPA fired the first hot in this fight but here are some facts:  The air Texans are breathing today is cleaner than it was in the year 2000 despite the fact that our population has grown by nearly 3.5 million people.   While being Americas energy capital according to Environmental Protection Agency data among all states Texas still manages to have the eleventh lowest Nitrogen Oxides (NOx) emissions rate from power plants.  And considering that 60 of petrochemicals produced in the U.S. are produced in Texas along with 30 of all the gas and diesel refining in our country it is particularly remarkable that over the last ten years Texas has reduced Ozone levels by 22 and NOx emissions by 46 (this according to the Texas Commission on Environmental Quality).   Curiously the same EPA that is trying to take over local and state energy regulation here in Texas was behind data along with the Department of Energy that revealed that since 2000 Texas CO2 emissions from fossil fuel usage have actually fallen by more than almost any other state and any country save Germany due to our policies which:

1. Foster the growth of renewable energy production & usage
2. Make the electricity market more competitive & efficient and
3. Improve our environment.

The EPA fired the first volley in this fight when it recently took over the Flint Hills plant in Corpus Christi.  Then the week before last the EPA decided it was taking over the operating permits for two more plants one in Baytown and the other in Collin County.  That Collin County plant is the not-for-profit City of Garland Power and Light Olinger Plant.  And earlier this week Washington moved one step closer to overtaking 122 Texas plants a great number of them refineries and chemical plants when it announced final disapproval of the TCEQs 16-year old flexible permit program.  I like many of my fellow Texans want to expose this Washington-based falsehood for what it is overreaching by the federal government in an attempt to subvert the authority of local and state officials to make decisions that are in the best interests of their communities.  No one has a problem with following reasonable federal regulations; Texas officials are no exception.  Our state has been a national leader when it comes to balancing economic and energy needs with environmental regulations. While our federal government had already managed to insert itself into a wide array of seemingly non-federal issues they have now it turns out gotten into the business of re-regulating local and state environmental policy.  When I say re-regulating I mean just that.  Its not that the EPA necessarily has a problem with our results-oriented environmental record here in Texas; its that the EPA seems to have a problem with the process and procedures behind the work of our local and state environmental authorities. What makes this recent action by the EPA even more vexing is that while not required by federal regulations Texas had already voluntarily adopted regional control strategies that required reductions from certain sources in counties outside of the attainment areas.  These controls help improve air quality in areas such as DFW by reducing transport of pollution from outside the area.  While our states Attorney General has already filed legal action against the EPA on behalf of the TCEQ it is unclear what decision the 5th U.S. Circuit Court of Appeals will make in ruling on the legitimacy of the states qualified facilities program.   More than two millennia ago Cicero arguably the greatest orator of all-time expressed I only wish I could discover the truth as easily as I can expose falsehood.  While it is difficult to argue with Cicero in this case the truth appears readily available: 

The federal government is overreaching due to the falsehood that Texas environmental authorities are not adequately enforcing federal air quality standards. 

Before it costs our state dearly the EPA would be wise to review its own data more closely. If its the facts they want the Agency knows well that over the last decade Texas has been a national leader in air quality improvements.