Toxic Issues
Sen. Jackson has the ignoble distinction of championing the worst environmental bill of the 2007 session. Frustrated over the state’s lack of action in addressing toxic “hotspots” in Houston, Mayor Bill White proposed that Houston should be able to regulate toxic emissions using a city nuisance ordinance. The polluter lobby didn’t hesitate to use the legislature to ensure the status quo remained, and called on their good friend Toxic Mike.
Jackson filed SB 1317, which prohibited a municipality from regulating air standards through the use of an ordinance.
The Toxics Problem
Recent scientific studies by the City of Houston and health, environmental and medical branches of Texas universities, confirm that levels of toxins in Texas’ air threaten the public’s health. This is specifically a problem in Houston, where industry emissions have created toxic “hotspots”. Reports can be found HERE and HERE.
Doesn’t the EPA already take care of this problem?
While promoting SB 1317, Jackson disingenuously argued that the state legislature shouldn’t be stepping on the EPA’s toes. He was told repeatedly that unlike ozone, for which U.S. EPA sets ambient standards and requires states to adopt State Implementation Plans, TCEQ has no enforceable, ambient standards for toxic pollution. There are no limits on how much toxic pollution can be in a community’s air. This little fact didn’t fit in with Jackson’s industry provided talking points so he ignored it. Or maybe he was too confused to separate smog from toxic air. Not sure which is worse.
DON’T TCEQ PERMITS ADDRESS TOXIC POLLUTION?
TCEQ permits may include limits on emissions of particular pollutants. In issuing permits, however, TCEQ does not look at the cumulative impacts of multiple facilities located in a small area. Therefore, even if facilities are complying with their permits, their collective emissions can create a health threat.
WHAT IS A “SAFE” LEVEL FOR TOXIC POLLUTION?
For non-carcinogens, a “safe” level can generally be set below which permanent damage is not sustained.
For carcinogens, however, there is not a “no effect” level. Therefore, “safe” levels are set based on minimization of the harm. Generally, ambient levels of individual carcinogens are assumed “safe” is they create a no greater than 1 in 1 million increase in the likelihood of cancer for a person exposed over a lifetime.
This 1 in 1 million increased risk is the risk from exposure to a single chemical. Individuals, particularly those in heavily industrial areas, are exposed to hundreds if not thousands of chemicals. Furthermore, the 1 in 1 million increased risk does not take into account the synergistic effects that chemicals may have once they mix together in the air.
Use of the less stringent 1 in 100,000 standard would at least address the worst of the worst areas, while TCEQ evaluates its ability to meet the 1 in 1 million standard.
ISN’T THE 1 IN 1 MILLION STANDARD IMPOSSIBLE TO MEET?
For most chemicals, most areas already meet the 1in 1 million standard. In some areas, the 1 in 1 million standard may be difficult to meet for benzene because of the contribution from mobile sources. EPA has recently, however, adopted a mobile source toxic rule that will significantly reduce emissions of benzene and butadiene by 2011.
HAVEN’T TOXIC POLLUTION LEVELS ALREADY DECLINED SIGNIFICANTLY? WHY DO WE NEED TO DO MORE?
Industrial sources have significantly reduced toxic emissions. However, there are still pockets in the state - particularly in areas with concentrated industry - where toxic levels present a real health hazard. One recent University report found areas in Houston where the population was exposed to a greater than 1 in 100,000 increased risk of cancer. Some of these areas approach a 1 in 10,000 increased risk.
AREN’T CARS THE REAL PROBLEM?
Toxic pollution from cars - especially benzene - is a huge problem. We need to address pollution from cars in order to bring down ambient toxic levels throughout Texas and the country. EPA recently adopted a mobile source air toxics rule, which should lead to significant reductions in benzene levels effective 2011. Benzene will be reduced through fuel standards and gas can specifications that will affect both exhaust emissions as well as evaporative emissions (which are a big problem in homes with attached garages). Likewise, programs to get older cars off the road will lead to decreases in mobile source toxic emissions.
These programs, however, do not address the local impacts caused by concentrated industrial sources. There are areas in Texas where toxic emissions are significantly higher than the rest of the state. Mobile source reductions will not alone bring ambient toxic air pollution down to safe levels in these areas.
