Sierra Club Applauds Environmental Protection Agency Decision to Disapprove Texas ‘Flex Permitting’ Program Asks EPA to Do More as Perry’s Commissioners Give Second Chance to Las Brisas -- Another Po

(Austin) - Sierra Club commended the US Environmental Protection Agency (EPA) for today disapproving the 'flex permitting' program of the Texas Commission on Environmental Quality (TCEQ).  Texas, a leader in hazardous emissions for multiple pollutants including mercury emissions, benzene emissions, and carbon dioxide,  is the only state in the nation where the EPA has intervened.  On this same day, the three Perry-appointed Commssioners of the TCEQ voted to take another look at the permit application of Las Brisas petroleum coke-fired power plant. 
  "We commend the EPA for disapproving the 'flexible permit' program, but that is only a piece of the larger failures of TCEQ's air protection program," said Jennifer Powis.  "TCEQ has approved a number of new coal plants in the state and today voted to give a second chance to Las Brisas, a petroleum coke plant proposal that violates the Clean Air Act.  Sierra Club believes Texas can do better.  We call on Governor Perry and his appointed Commissioners to show true leadership for public health.  And if they won't, we think the EPA must do more in Texas to help the TCEQ follow the Clean Air Act." 

EPA Can Do More - Stop Las Brisas
Sierra Club and our environmental partners are parties to a contested case concerning the Las Brisas proposal in which the administrative law judges found that the air permit application failed to account for multiple sources of pollution and did not analyze the best type of technology available to lower pollution.  Based on these findings and others, the Judges recommended that the Commissioners deny Las Brisas's air permit application in total.  Today,  the Commissioners ignored that recommendation and provided Las Brisas another opportunity to amend its application.
 "Las Brisas doesn't deserve a second bite at this apple."  said Jen Powis Senior Regional Representative for Sierra Club.  "Today's decision should be seen as an example of why federal actions are necessary in Texas's air pollution protection program.  Governor Perry's Commissioners failed to deny a permit even when their own administrative judges recommeded the denial."
 Numerous citizens traveled today from Corpus Christi the location of the propsosed Las Brisas plant to hear and respond to the Commissioners decision.  If it were built, Las Brisas would be the first urban power plant in Texas in several years and the population there already suffers higher than average asthma rates.
 Corpus Christi is also the location of the Flint Hills East Refinery which is affected by today's EPA disapproval of flex permitting.  The Las Brisas power plant proposal included more pollution than the emissions of all of Corpus Christi's existing refineries combined.
 "Year after year, Governor Perry's Commissioners have failed to adequately protect the public health.  Today, the Commissioners should have denied Las Brisas's air permit based on hard science and their own judges' recommendations." said Daniel Lucio with the Clean Economy Coalition of Corpus Christi.  "We urge the Commissioners to do the right thing and  decide ultimately to deny the Las Brisas permit."

Attorney Ilan Levin with the Enviromental Integrity Project represented Sierra Club in the contested case proceedings.
 "The Las Brisas air permit should be denied, because it is in violation of the Clean Air Act," said Levin.  "Corpus Christi is already overburdened with air pollution.  Las Brisas will contribute to asthma-causing ozone and smog in an area already dangerously close to ozone nonattainment."

Sierra Club's Beyond Coal campaign is part of our Climate Recovery Partnership which focuses on climate  change impacts on communities and the environment.  Nationwide, power plants are responsible for about 40 percent of carbon dioxide emissions and the Las Brisas permit does not propose to limit carbon dioxide.
 "Las Brisas would only add to the problem,"  said Ilan Levin.  "This entire record [Las Brisas permit application] contains nothing about CO2 emissions; it was not even considered."
 Additional Route for Change at TCEQ -- Sunset Review Process
While the EPA is taking a close look at TCEQ's air permitting program, the Sunset Review Advisory Commission is also taking a close look at the TCEQ.  Texans, this year, have a once-in-a-decade opportunity to improve the way TCEQ carries out its mission through the Sunset Review Process.  The Sunset Review Commission will make recommendations to Texas legislators next December in advance of the meeting of the Texas State Legislature from January through May, 2011.  It will be the Legislature's responsibility, as well as the EPA's, to improve the functions of the TCEQ to protect the public health and natural resources.
 "Texans deserve clean and healthy air.  And we deserve a state agency that will protect it," said Eva Hernandez, with the Sierra Club.  "Instead, by giving Las Brisas another chance to correct their flawed proposal, Governor Perry's political appointees are favoring the wishes of polluting industries over the health of our families.  It's time for the state legislature to step in and fix this broken agency."
Sierra Club and our partners in the Alliance for a Clean Texas are inviting Texans across the state to participate in TCEQ Sunset Town Hall meeting next Fall.  The Sunset Review Advisory Commission will hold its hearing for public comments on December 15, 2010.