Texas Environmental Update
February 3, 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.
BRACEWELL & GIULIANI ALERTS AND PUBLICATIONS
TCEQ Releases Emissions Study for Barnett Shale – Added Regulatory Attention Expected
Bracewell & Giuliani Environmental Law Update, January 29, 2010
On January 27, 2010, the Texas Commission on Environmental Quality (TCEQ) released its highly anticipated Barnett Shale Formation Area Monitoring Projects survey. The survey was conducted over three months in the latter part of 2009 [...]
Divided SEC Adopts Guidance on Climate Disclosure, But Uncertainty Remains
Bracewell & Giuliani Environmental Law Update, January 27, 2010
Today, by a vote of three to two, the SEC adopted new interpretive guidance on how public companies should evaluate the impacts of climate change [...]
Efforts to Federally Regulate Hydraulic Fracturing May Pick Up Momentum in 2010
Bracewell & Giuliani Energy Legal Blog, January 22, 2010
The so-called FRAC Act, legislation introduced in June of last year by Rep. Diana DeGette (D-CO) and Rep. Maurice Hinchey (D-NY) in the House of Representatives and Senators Casey (D-PA) and Schumer (D-NY) in the Senate, received a fresh jolt of publicity this week when the House Energy and Commerce Subcommittee on Energy and Environment [...]
Back to top
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY - AGENDAS AND WORK SESSIONS
Commissioners' February 10, 2010 Meeting Agenda
(Adobe Acrobat Required)
TCEQ Web Site
Commissioners' January 27, 2010 Agenda Meeting Webcast
(Real Player Required)
TexasAdmin.com
Commissioners' January 22, 2010 Work Session Webcast
(Real Player Required)
TexasAdmin.com
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY - NEWS REPORTS
Air
Latest Fight Over Houston's Air Hovers Over New Smog Limit
Houston Chronicle, February 2, 2010
"The latest front in the fight over Houston's air is a newly proposed federal limit for smog, with government officials, environmentalists and industry representatives at odds over more than a few molecules' difference in the standard."
Fort Worth May Pay for Its Own Air Testing Around Gas Drilling Sites
Fort Worth Star-Telegram, February 2, 2010
"FORT WORTH - City Council members plan to use city funds to pay for air testing around natural gas sites in an attempt to settle disagreements over how much - or even whether - drilling and production contribute to air pollution in the city."
TCEQ Chief Toxicologist Dr. Michael Honeycutt Provides Comment on EPA Proposed Ozone Standard
TCEQ Web Site, February 2, 2010
"As EPA re-examines the ozone NAAQs, I, Dr. Michael Honeycutt, Director of the Toxicology Division would like to offer the following comments on behalf of the Texas Commission on Environmental Quality."
Ireland: Clearing the Air on the Barnett Shale
Fort Worth Star-Telegram, February 1, 2010
"In the 29 years since the first well was drilled in the Barnett Shale, the natural gas industry has taken steps to ensure that it is a good neighbor."
Editorial: Barnett Shale Drilling Worries Are Reasonable
Fort Worth Star-Telegram, January 31, 2010
"Only a little more than a year ago, Fort Worth City Council members adopted an ordinance to give themselves, energy companies and local residents clear guidelines about how Barnett Shale natural gas drilling should be done."
High Benzene Levels Found on Barnett Shale
Dallas Morning News, January 28, 2010
"Nearly one-fourth of the sites monitored in North Texas' Barnett Shale natural-gas region had levels of cancer-causing benzene in the air that could raise health concerns, state regulators said Wednesday."
TCEQ Completes Study on Air Emissions in Barnett Shale
TCEQ Web Site, January 27, 2010
"The Texas Commission on Environmental Quality (TCEQ) has announced the results of its study of air quality in the Barnett Shale area of North Texas."
Air Monitoring Near Frisco Battery-Recycling Plant Could Be Expanded
Dallas Morning News, January 25, 2010
"Environmental regulators are considering stepping up efforts to measure lead emissions from a battery-recycling plant in Frisco."
Officials Release Maps of Toxins
Denton Record-Chronicle, January 25, 2010
"DISH - Town officials have released a set of maps showing that some carcinogens and neurotoxins could be drifting a mile or more from compression facilities here - and at levels that exceed the state’s long-term screening limits."
EPA Extends Study of State Air Permit Rules
Houston Chronicle, January 24, 2010
"Federal environmental regulators will get more time to determine whether Texas' program for issuing air permits allows for adequate public participation."
Questions Raised Over Fort Worth Air Testing
WFAA.com, January 23, 2010
"There's new information on testing near natural gas facilities in Fort Worth."
State Removes Corpus Christi From Pollutant Watch List for Benzene
Corpus Christi Caller-Times, January 22, 2010
"CORPUS CHRISTI - The state removed Corpus Christi from a pollution watch list for benzene, in the midst of several studies into the effects the chemical has on the community."
Air Pollutant Levels Continue to Decrease in Texas
TCEQ Web Site, January 22, 2010
"The Texas Commission on Environmental Quality (TCEQ) announced today that because of successful reductions in air emissions, it is removing pollutants from the Air Pollutant Watch Lists (APWL) in the Lynchburg Ferry area of Houston, Texas City, and Beaumont."
TCEQ Approves Fines Totaling $854,922
TCEQ Web Site, January 27, 2010
"The Texas Commission on Environmental Quality today approved penalties totaling $854,922 against 82 regulated entities for violations of state environmental regulations."
Regulatory Developments
What's New in TCEQ Rules
TCEQ Web Site, January 29, 2010
Waste
State Agency: City in Violation at Texas Ranger Museum Expansion Site
KWTX.com, January 27, 2010
"More problems at the Texas Ranger Hall of Fame and Museum expansion site, as a state agency says the City of Waco is now allegedly violating environmental laws."
TCEQ Fighting Lawmaker's Demand
Houston Chronicle, January 28, 2010
"AUSTIN - A state senator's pursuit of documents he believes will lead to a criminal investigation of senior staff members of the Texas Commission on Environmental Quality is in the hands of an appeals court that heard arguments this week about whether the records should be public."
New EPA Regional Chief From El Paso Will Be Sworn In Today
El Paso Times, February 2, 2010
"AUSTIN - Cleaning up the old Asarco smelter and making sure that state-issued air-quality permits meet federal standards are some of the challenges facing the El Paso native who is the EPA's new regional chief."
New EPA Chief Brings Environmentalist Philosophy
KERA, February 2, 2010
"Expectations are high as SMU engineering professor Al Armendariz prepares for Tuesday's swearing-in as this region's new EPA administrator."
EPA Region 6 Releases Air Monitoring Data From Seven Texas Schools
EPA Region 6 Web Site, January 25, 2010
"Dallas, Texas – Environmental Protection Agency (EPA) Region 6 today announced the air toxics monitoring data from seven Texas schools has been posted on the agency’s Web site."
Back to top
EPA
Proposed Significant New Use Rule for Multi-walled Carbon Nanotubes
(Adobe Acrobat Required)
75 Federal Register 5546, February 3, 2010
Release of Draft Documents Related to the Review of the National Ambient Air Quality Standards for Particulate Matter
(Adobe Acrobat Required)
75 Federal Register 4067, January 26, 2010
API: Proposed EPA Ozone Limits Harm Oil, Gas Production
Fort Worth Business Press, January 25, 2010
"It’s too early to know what effects, if any, the proposed, Environmental Protection Agency-mandated reduction in a city’s allowable smog will have on oil and gas producers, but that hasn’t stopped some from hitting out at the federal agency."
EPA Tightens Standards on Nitrogen Dioxide in the Air
Fort Worth Star-Telegram, January 25, 2010
"The Environmental Protection Agency announced new rules Monday on how much nitrogen dioxide is allowed in the air, continuing its trend of tightening air pollution standards."
EPA Strengthens Air Quality Standard for Nitrogen Dioxide
EPA Web Site, January 25, 2010
"WASHINGTON – The U.S. Environmental Protection Agency today announced a new national air quality standard for nitrogen dioxide (NO2)."
Westar Energy to Spend Approximately $500 Million to Settle Clean Air Act Violations
EPA Web Site, January 25, 2010
"WASHINGTON – Westar Energy has agreed to spend approximately $500 million to significantly reduce harmful air pollution from a Kansas power plant and pay a $3 million civil penalty, under a settlement to resolve violations of the Clean Air Act, the U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department announced today."
EPA Increases Transparency on Chemical Risk Information
EPA Web Site, January 21, 2010
"WASHINGTON - As part of Administrator Lisa P. Jackson’s commitment to strengthen and reform chemical management, the U.S. Environmental Protection Agency (EPA) today announced a new policy to increase the public’s access to information on chemicals."
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
Issuance of Advisory Bulletin: Pipeline Safety: Implementation of Revised Incident/Accident Report Forms for Distribution Systems, Gas Transmission and Gathering Systems, and Hazardous Liquid Systems
(Adobe Acrobat Required)
75 Federal Register 5640, February 3, 2010
Pipeline Safety: Control Room Management/Human Factors, Correction
(Adobe Acrobat Required)
75 Federal Register 5536, February 3, 2010
Issuance of Advisory Bulletin: Pipeline Safety: Leak Detection on Hazardous Liquid Pipelines
(Adobe Acrobat Required)
75 Federal Register 4134, January 26, 2010
Back to top
Argyle Fights Disposal Well Plan
Denton Record-Chronicle, January 28, 2010
"ARGYLE - Town leaders have added their voices to the chorus of opponents fighting a company’s plan to build a commercial disposal well for oil and gas production waste in a rural neighborhood near Argyle."