Texas Environmental Update
November 17, 2008
The environmental practice of Bracewell & Giuliani LLP offers seamless, front-rank representation in local, state, national, and cross-border regulatory, enforcement, and litigation matters, as well as experienced counsel on the environmental aspects of transactions and operations across the country and around the world. We are dedicated to helping clients successfully navigate complex and costly environmental issues and to building longstanding client relationships founded on superior advice, integrity, and value. We are pleased to provide you with this issue of Bracewell & Giuliani's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated community in Texas.
NOTICE: Important EPA Decision on CO2 and Permitting
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY - NOTICES AND ANNOUNCEMENTS
TCEQ Expands Its Electronic Comment Options
TCEQ Web Site, November 12, 2008
"The Texas Commission on Environmental Quality today announced that electronically submitted comments will be accepted in the permitting process."
TCEQ Announces Expanded Computer Recycling Web Site
TCEQ Web Site, November 6, 2008
"The Texas Commission on Environmental Quality today announced that it has expanded its computer recycling Web site, TexasRecyclesComputers.org, to include even more options for recycling computers."
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY - AGENDAS AND WORK SESSIONS
Commissioners' November 19, 2008 Meeting Agenda
(Adobe Acrobat Required)
TCEQ Web Site
Commissioners' November 5, 2008 Agenda Meeting Webcast
(Real Player Required)
TexasAdmin.com
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY - NEWS REPORTS
Air
Green Cement Plants Could Mean Cleaner Air and Lower Costs
Dallas Observer, November 5, 2008
"The belching, cement-producing smokestacks that dot Dallas County's southern horizon have long befuddled area officials working to comply with federal clean air standards."
Enforcement
Formosa Fined for Releases
Victoria Advocate, November 5, 2008
"Formosa Plastics' Point Comfort plant was fined $121,443 for repeated air violations."
TCEQ Approves Fines Totaling $895,607
TCEQ Web Site, November 5, 2008
"The Texas Commission on Environmental Quality today approved penalties totaling $895,607 against 70 regulated entities for violations of state environmental regulations."
Permitting
Power Plant Meeting Thursday
Corsicana Daily Sun, November 15, 2008
"The Texas Commission on Environmental Quality will host a public meeting at 7 p.m. Thursday at Dawson Auditorium on the Navarro College campus regarding the air permit for a proposed power plant."
Texas Ranger Investigates Aspen Power Over Allegations of Forgery, State Recommends Plant Permit Be Revoked
Lufkin Daily News, November 14, 2008
"The future of the Aspen Power biomass plant is uncertain pending the outcome of a criminal investigation into allegations company officials forged the signatures of North Lufkin residents on documents submitted to the state."
Hearing Set for Proposed Wells in County
Houston Chronicle, November 3, 2008
"Despite a hurricane and rescheduled state hearing, opponents of four proposed injection wells off Crighton Road are going strong and have filled nearly four buses for Nov. 19 hearing for the permit in Austin."
Officials Impressed With Energy Plant
Bay City Tribune, November 3, 2008
"Progress and impressions of the White Stallion Energy Center was a topic for discussion during the Matagorda County Economic Development Corporation's (MCEDC) regular monthly meeting Friday morning."
Regulatory Developments
What's New in TCEQ Rules
TCEQ Web Site, November 7, 2008
Waste
Different Players, Same Sheet of Music on Landfill
Austin American-Statesman, November 12, 2008
"So the City of Austin has decided not to fight the expansion of the BFI landfill east of Austin, instead opting for a compromise."
City Drops Its Opposition to Proposed Landfill Expansion
Austin American-Statesman, November 8, 2008
"The City of Austin will no longer oppose the proposed expansion of a Northeast Austin landfill, because the landowner has agreed to close the landfill by 2015."
Water Failure Sparks Call for Reforms
Houston Chronicle, November 16, 2008
"Despite state regulations designed to ensure that small public and private utilities continue to provide water and sewer service to customers -- even in the event of power outages -- hundreds failed to do so, a Houston Chronicle analysis found."
BexarMet Conservator Suggested
San Antonio Express-News, November 11, 2008
"A legislative panel watching over the Bexar Metropolitan Water District has decided that the utility needs help from a strong outside hand to get back on track."
Company Seeks Water Deal With Henderson
Longview News-Journal, November 11, 2008
"Dallas-based SunMark Energy is working to secure a water deal with the city of Henderson to use treated wastewater to operate cooling systems in its proposed $160 million biomass power plant."
Studies to Find Source of Water Pollution Begin
San Antonio Express-News, November 4, 2008
"Officials on Monday started the first of a series of detailed studies to pinpoint the source of an industrial solvent that's leaking into the Edwards Aquifer at a national Superfund site in Leon Valley."
Economic and Energy Independence
Victoria Advocate, November 2, 2009
"Tom Stockton was ecstatic to discover uranium on his land in Goliad County in 1985."
EPA Awards Over $2 Million to TCEQ for Leaking Underground Storage Tank Corrective Action
EPA Region 6 Web Site, November 7, 2008
"Dallas - The U.S. Environmental Protection Agency has awarded $2,700,964 to the Texas Commission on Environmental Quality for leaking underground storage tank corrective action."
EPA
Utah Coal-Fired Plant Blocked by EPA Panel
Deseret News (Utah), November 14, 2008
"A federal appeals board has blocked a proposed coal-fired power plant expansion in eastern Utah, citing the project's failure to adequately address the issue of carbon-dioxide emissions."
Coal Plants Jeopardized Over Climate
Fort Worth Star-Telegram, November 13, 2008
WASHINGTON - The fate of scores of new coal-burning power plants is now in limbo over whether to regulate heat-trapping greenhouse gases."
Final Rule: National Ambient Air Quality Standards for Lead
(Adobe Acrobat Required)
73 Federal Register 66964, November 12, 2008
Supplemental Notice to Proposed Rulemaking: National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries
(Adobe Acrobat Required)
73 Federal Register 66694, November 10, 2008
Biofriendly Agrees to $1.25 Million Fine Over Its Green Plus Diesel Additive
Dallas Morning News, November 4, 2008
"A company that sold a controversial diesel fuel additive through a Texas state program will pay the largest fine ever assessed for failing to register a fuel product with the Environmental Protection Agency, the agency and the Justice Department said Monday."
Final Rule: Emergency Planning and Community Right-to-Know Act; Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting
(Adobe Acrobat Required)
73 Federal Register 65452, November 3, 2008
Drilling Permit Application Process Workshop
Texas Railroad Commission Web Site, November 10, 2008
"The Railroad Commission of Texas staff will host a workshop, open to everyone, to discuss ways the Commission can improve and better document the Drilling Permit Application Process."
OTHER TEXAS ENVIRONMENTAL NEWS
Election Results Unlikely to Reshape Texas' Environmental Policies
Austin American-Statesman, November 16, 2008
"Barack Obama claimed the presidency this month by campaigning, in part, on promises to address environmental problems that have led to what he calls 'a world in peril.'"
Obama Could Earn Points With Texans and Save Money by Canceling the Border Fence
Fort Worth Star-Telegram, November 14, 2008
"We don’t know yet what Barack Obama plans for Texas."
Pickens Pulls the Plug on Wind, For Now
Austin American-Statesman, November 13, 2008
"T. Boone Pickens is putting plans for his wind farm on hold."
Editorial: Parting Gifts
Houston Chronicle, November 9, 2008
"Not content to rest on their laurels as members of one of the most anti-environmental and pro-industry administrations in recent U.S. history, Bush-appointed administrators in key agencies are busily rewriting regulations to compound the damage."
Obama Likely to Tackle Energy Early On
Houston Chronicle, November 8, 2008
"WASHINGTON - Prices at the gas pump may have fallen substantially of late, but energy hasn't dropped off the national agenda."
Biomass to Gasoline Production Plant Dedicated in Texas
Environment News Service, November 7, 2008
"BRYAN - Texas Governor Rick Perry was on hand today for the dedication of a unique biofuels conversion facility in Bryan, about 70 miles northwest of Houston."
Bush Officials Moving Fast to Cut Environmental Protections
Fort Worth Star-Telegram, November 6, 2008
"WASHINGTON - In the next few weeks, the Bush administration is expected to relax environmental-protection rules on power plants near national parks, uranium mining near the Grand Canyon and more mountaintop-removal coal mining in Appalachia."
Obama Considers New Energy Security Council
Politico.com, November 6, 2008
"Barack Obama is seriously considering the creation of an Energy Security Council within the White House, according to sources close to the transition."
Trail Dust
Fort Worth Weekly, November 5, 2008
"For motorists near I-20 and FM 3325 just west of Fort Worth, the Beggs Ranch makes a picture worthy of a Marlboro ad."
Fort Worth City Council Rejects Plan to Allow Gas Wells as Close as 100 Feet to Homes
Fort Worth Star-Telegram, November 5, 2008
"FORT WORTH - City Council members axed a proposal that would have allowed natural gas wells as close as 100 feet to homes but said they will likely pass other recommendations from a task force that has been reviewing the city gas ordinance."
Gov. Perry Names Three to the Texas Advisory Panel on Federal Environmental Regulations
Office of the Governor Web Site, November 4, 2008
"AUSTIN - Gov. Rick Perry has appointed three members to the newly created Texas Advisory Panel on Federal Environmental Regulations."
Outlook: Protect Natural Resources to Speed Disaster Recovery
Houston Chronicle, November 4, 2008
"As our communities and public officials have faced the challenges of response and recovery to Hurricane Ike, lessons learned must be, and are, on the table."
Environmental, Safety Experts Work to Raise Awareness of NORM MyWestTexas.com, November 2, 2008
"An influx of new, inexperienced workers into the oilpatch, along with an increasingly intense spotlight on industry practices has raised concern about Naturally Occurring Radioactive Material (NORM)."
Special Report: Electric Industry Concerns on the Reliability Impacts of Climate Change Initiatives
North American Electric Reliability Corporation Web Site, November 10, 2008 "The NERC Planning Committee (PC) has identified initiatives currently underway to address climate change and reduce greenhouse gas emissions as among the most important emerging issues facing the reliability of the bulk power system over the coming years."