Texas Environmental Update
August 31, 2010
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.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY - AGENDAS AND WORK SESSIONS
Commissioners' September 15, 2010 Meeting Agenda
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TCEQ Web Site
Commissioners' August 25, 2010 Agenda Meeting Webcast
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TexasAdmin.com
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY - NEWS REPORTS
Air
Barnett Shale Activities Continue, Interactive Map Unveiled
TCEQ Web Site, August 27, 2010
"The TCEQ today announced the official launch of a new interactive website that contains air monitoring data from the Barnett Shale region in North Central Texas."
Editorial: Where's the Money for More Air Quality Testing in Fort Worth?
Fort Worth Star-Telegram, August 26, 2010
"I am sucking in air right now, and I'm going to hold my breath until this happens: The Texas Commission on Environmental Quality will more than double the number of air quality monitoring sites around Barnett Shale natural gas facilities by December, or so two legislative committee chairmen and the chairman of the TCEQ have said."
Texas Commission on Environmental Quality to Use New Equipment to Monitor Air Around Barnett Shale
Fort Worth Star-Telegram, August 23, 2010
"FORT WORTH - State environmental regulators, under heavy prodding from the Legislature, announced Monday that they're installing new equipment to check for air pollution from gas drilling in the Barnett Shale."
Texas City Residents Unaware of Release at BP Refinery
Houston Chronicle, August 18, 2010
"For 40 days, flares burned 500,000 pounds of toxic chemicals over BP's Texas City refinery."
TCEQ Approves Fines Totaling $1,798,745
TCEQ Web Site, August 25, 2010
"The Texas Commission on Environmental Quality today approved penalties totaling $1,552,145 against 85 regulated entities for violations of state environmental regulations."
Environmental Groups Support U.S. EPA in Texas Air Permit Case
Environment News Service, August 30, 2010
"NEW ORLEANS, Louisiana - Two environmental groups Friday filed a motion to intervene in the lawsuit brought by Texas Attorney General Greg Abbott and the State of Texas against the U.S. Environmental Protection Agency regarding the EPA's June 2010 disapproval of part of Texas' air permitting program."
TCEQ to Hold Public Meeting on Proposed Oil and Gas Rules
TCEQ Web Site, August 25, 2010
"An informational public meeting on the TCEQ’s proposed new rules for oil and gas production facilities will be held in Austin on Aug. 31, from 9:30 a.m. to 3 p.m."
Opinion: Texas Businesses Want an Answer on Air Quality
Austin American-Statesman, August 21, 2010
"At a discussion on the scuffle between Texas and federal environmental regulators over the state's air pollution control program during a conference of environmental lawyers this month at the Four Seasons hotel in Austin, Lawrence Starfield, deputy regional administrator of the U.S. Environmental Protection Agency, acknowledged that some companies had grown anxious about floating in regulatory limbo."
Regulatory Developments
What's New in TCEQ Rules
TCEQ Web Site, August 27, 2010
Radioactive Waste Agreement Reached for Andrews Co. Facility
KCBD.com, August 28, 2010
"ANDREWS COUNTY, TX - A new agreement allows Waste Control Specialists to store low-level radioactive waste at their facility near Andrews for up to three years."
Comprehensive Tests Planned for Nueces County Contamination Site
Corpus Christi Caller-Times, August 20, 2010
"CORPUS CHRISTI - State environmental officials are planning a comprehensive test of the nearly 300-acre Ballard Sand Pits site to determine if there are more hazardous waste pits than the three already identified."
Water
City Could Pay Millions to Meet TCEQ Requirements for Wastewater Plant
Corpus Christi Caller-Times, August 24, 2010
"CORPUS CHRISTI - The city may spend $54 million to $64 million to upgrade a wastewater treatment plant so it meets new federal and state environmental standards."
SARA Resisting Revisions
San Antonio Express-News, August 21, 2010
"The board of the San Antonio River Authority has come out against the state lowering water quality standards for any of the creeks and rivers it oversees."
Notice of Public Hearing, Action to Ensure Authority to Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan
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75 Federal Register 52916, August 30, 2010
Extension of Comment Period, Supplemental Proposal to the Proposed Confidentiality Determinations for Data Required Under the Mandatory Greenhouse Gas Reporting Rule
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75 Federal Register 52691, August 27, 2010
U.S. Takes Action to Stop Illegal Acid Waste From Texas Chemical Plant
EPA Web Site, August 26, 2010
"WASHINGTON - The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department today announced that Air Products LLC has agreed to pay nearly $1.5 million in civil penalties to resolve hazardous waste mismanagement violations at its Pasadena, Texas chemical manufacturing facility."
Proposed Rule to Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: New Source Review Anti-Backsliding Provisions for Former 1-Hour Ozone Standard
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75 Federal Register 51960, August 24, 2010
Notice of Public Comment Period, Climate Change Vulnerability Assessment: Four Case Studies of Water Utility Practices
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75 Federal Register 51806, August 23, 2010
Final Rule, National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines
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75 Federal Register 51570, August 20, 2010
Proposed Rule, Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities
(Adobe Acrobat Required)
75 Federal Register 51434, August 20, 2010
EPA Releases Draft Strategy for Clean Water
EPA Web Site, August 20, 2010
"WASHINGTON – The U.S. Environmental Protection Agency (EPA) is inviting the public to comment on the agency’s draft strategy to protect and restore our nation’s lakes, streams and coastal waters."
Atmos to Replace Riskiest Steel Natural Gas Lines in Next 2 Years
Dallas Morning News, August 24, 2010
"Atmos Energy Corp. has agreed to replace 100,000 aging steel service lines over the next two years to prevent natural gas explosions."
Texas Railroad Commission Hopeful Touts Anderson County Roots
Palestine Herald-Press, August 19, 2010
"PALESTINE - Touting his Anderson County connections and family history in the oil and gas industry, Texas Railroad Commission candidate Jeff Weems stopped in Palestine Monday afternoon to discuss his candidacy."
The Railroad Commission of Texas Regulatory Expo - November 4 & 5, 2010
Railroad Commission Web Site
"This seminar will provide you with a better overall understanding of the forms, procedures, and filing requirements necessary to achieve compliance with these rules."
OTHER TEXAS ENVIRONMENTAL NEWS
Group Seeks to Head Off Power Line
Denton Record-Chronicle, August 31, 2010
"A group of residents has asked the Denton County Commissioners Court to support a resolution opposing Oncor’s proposed route for a new power line through the Greenbelt Corridor."
Wind Transmission Lines Across Hill Country Face Holdup at Public Utility Commission
Austin American-Statesman, August 30, 2010
"The decision had been a clear one: A transmission line would cut through the Hill Country as part of a statewide network to carry West Texas wind power to the population centers of Central Texas, the Public Utility Commission said in an order in May 2009."
Suit Could Endanger 281/1604 Interchange
San Antonio Express-News, August 25, 2010
"A new, $130 million interchange between Loop 1604 and U.S. 281 could be delayed by a lawsuit that claims the project violates the Endangered Species Act and threatens the Edwards Aquifer."
Federal Judge Lifts Ban on Galveston Development
Houston Chronicle, August 25, 2010
"GALVESTON - A federal judge Wednesday lifted an injunction that had effectively stalled development on the west end of Galveston Island for 17 months, dealing a setback to environmentalists who believe construction imperils wetlands and vanishing coastal prairie."
How Fast Will Natural Gas Drilling Come to Dallas?
Dallas Morning News, August 22, 2010
"A bit of nearly abandoned industrial land holds a different future for Dallas."
Editorial: Raising Bar for Deepwater Drilling
Houston Chronicle, August 22, 2010
"For the past two decades, the deep waters of the world’s oceans have been the so-called 'final frontier' for the oil and gas industry as they raced to drill deeper, faster and farther out for resources and profits."
Asarco's Costly Aftermath: Cleanup First, Then Long-Term Planning
El Paso Times, August 22, 2010
"Creative uses suggested for the old Asarco smelter include trendy marketplaces and solar farms."
Pollution Police Proposed for County
Houston Chronicle, August 17, 2010
"Harris County needs a new environmental police force, the county attorney and at least one county commissioner say."
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In Harm's Way: Lack of Federal Coal Ash Regulations Endangers Americans and Their Environment
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Environmental Integrity Project Web Site, August 26, 2010
"An investigation led by expert hydrogeologists has identified 39 more coal combustion waste (CCW) disposal sites in 21 states that have contaminated groundwater or surface water with toxic metals and other pollutants."
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