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TCEQ: recommendations to improve accountability

tschuetz

The Sunset Advisory Commission is tasked with evaluating the efficiency of over 130 Texas state agencies. A November 2022 news article points out that the group has not reviewed TCEQ's operations for over a decade (Douglas & Martinez 2022). The article also summarizes the Sunset Advisory's recommendations to improve regulation of polluting industries in Texas: 

  • suspending a company's compliance history after major accidents (complicating approval of future permits)
  • increasing of non-compliance penalties from $25,000 per day to $40,000 per day
  • increasing the notice for public hearings and possbility to submit comments up to 36 hours after the hearing


Read more in the Sunset Advisory Commissions 2022–23 staff report.

TCEQ's mission and scope

tschuetz

"TCEQ regulates air, water and land pollution and had a $429 million budget in 2021; it oversees more than 250,000 permits ranging from small-scale landscape irrigation to major petrochemical plants." (Douglas & Martinez 2022).

"TCEQ Commissioner Jon Niermann said the agency’s permitting decisions could not be racist because the TCEQ does not choose the location of industrial facilities." (Douglas & Martinez 2022)

Santa Ana Health Threats (BrowneA)

albrowne

Permitted Facilities: Through the CalEPA Regulated Site Portal we can easily identify regulated facilities from five state databases and two federal databases. Data collected from agencies such as: U.S. EPA, State Water Boards, CalEPA, and Department of Toxic Substances Control. These sites are regulated due to their potential hazard to local communities. Health impact depends on the facility. 1,957 regulated facilities in Santa Ana according to databases listed above.

RMP Facilities: RMP (Risk Management Plan) facilities are managed by the CalARP program. These sites contain large amounts of extremely hazardous state regulated chemicals. These chemicals are regulated by the state due to their potential risk to the public. Gallade’s three sites in Santa Ana have high quantities of regulated chemicals. 2 RMPs in Santa Ana, Gallade Chemical Inc. is an RMP half a mile from Madison Park. Has not been inspected in three years. The BEHR Standard facility is the second RMP facility.

Metal Plating Facilities: Metal plating facilities use hexavalent chromium through the electroplating process and stainless steel production. Hexavalent Chromium can be released as an aerosol through chrome plating processes. “…hexavalent chromium should be considered a human carcinogen for which there is no safe threshold exposure level.”(California Air resources Board. 2022). There 112 metal plating facilities in Santa Ana that are regulated by the state. Majority of these regulated facilities are located in South East Santa Ana.

 Hexavalent Chromium Info links:

Santa Ana, CA asset:

Kim Fortun

Homeless shelter and support center: https://www.ocregister.com/2022/07/22/motorcycle-club-brings-hope-and-harleys-to-homeless-shelter

Is this center considered an asset by residents, or -- as in many places -- did they contest its presence in Santa Ana given so many other stresses there? 

Santa Ana Community Assets Arts & Education PSrigyan

prerna_srigyan

From my notes taken during the MPNA-GREEN and UCI EcoGov Lab event on June 4, 2022

  • Downtown Santa Ana (DTSA) Art Walk: "community-based arts showcase across downtown Santa Ana from 6pm-10pm on the First Saturday of each month." The showcase exhibits artists from the Santa Ana and wider OC community 
  • Comunidad Unida Aire Limpio (Comité CUAL): One of the first of its kind in Southern California, this community monitoring air network in Santa Ana established as a grant by the California Air Resources Board has a network of over twenty Dylos air monitors which offer air quality data to residents for environmental justice characterization. 
  • Community Resource Fairs & Walkathons: MPNA has hosted community resource fairs and walkathons, such as the 15th Annual Madison Park Neighborhood Association Walk-A-Thon in 2017. According to the resident who shared picture of a community resource fair, these events offer opportunities for entire families to exercise, bike, and walk, and overall having a festive time. 
  • The Frida Cinema: Orange County's only non-profit arthouse and independent theater. The Cinema has a long history of partnering with social and environmental justice organizing for community mobilization. 
  • Santa Ana Movies in the Park: "The Santa Ana Movies in the Park series will take place every Wednesday, beginning June 8 through August 31, 2022 at various City parks throughout Santa Ana. Pre-movie festivities will begin at 5:30 p.m. and will include exhibitors, jumpers, and arts and crafts for kids. Movie screenings will begin promptly at dusk. Free popcorn will be provided to the first 500 guests each night, while supplies last. Food vendors will also be offering affordable and delicious dinner and dessert options. The series is free to attend."
  • ALMA Science Academy: "Aspire, Learn, Mentor & Achieve (ALMA) Science Academy is a STEM education and mentorship program for under-resourced Santa Ana youth grades 4-6". 
  • Santa Ana College: Opened in 1915 for students from Santa Ana High School, this fourth oldest community college in California serves over 18,000 undergraduate students. 

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Sara_Nesheiwat

The Emergency Medical Treatment and Labor Act is a law requiring that anyone coming into the emergency department will be stabilized and treated no matter what their insurance situation is. In terms of women's health, it is important to note that this means for active labors, medical treatment is necessary and required, no matter the health insurance of the patient. The purpose of this law to prevent certain patients from being turned away in an emergency situation or refused medical treatments if they are unable to pay, putting their health at risk.

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Sara_Nesheiwat

EMTALA was enacted by Congress in 1986 and was part of the Consolidated Omnibus Budget Reconciliation Acts of 1985. Congress saw different cases around America where doctors were refusing medical care to patients who could not make a deposit at the time of their admittance to the ER. An example of this is a patient Eugene Barnes, who in 1985 suffered a stab wound and ultimately ended up dying because 6+ doctors refused to help him without payment or some form of compensation. This made national news and other cases began to come to light, such as at Baptist Hospital in Miami and many other areas. News outlets began to follow these cases and this caught attention of government officials. Shortly after, EMTALA was enacted.

http://www.pitt.edu/~kconover/ftp/emtala-draft.pdf

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Sara_Nesheiwat

This was touched upon a little in a previous question. Many cases of patient dumping were popping up around America. Patients in need  of emergency medical care were being cast aside, ignored and delayed due to their inability to pay. In addition to the stab patient, Eugene Barnes that sparked this law, there were dozens of other cases where patients needed to be transferred to larger hospitals but the hospital refused to take patients without insurance, so the patients died. There were cases of people being asked right before surgery for a deposit, and being unable to pay were discharged with no surgery. There was also a very high rate of dead babies that were arising due to the fact that mothers in labor were being turned away because the patient was uninsured. It was then realized by the government that there were no legal duties for a hospital to treat people who are in emergency situations but cannot pay, only ethical and moral duties, which apparently weren't enough in some cases. This led to the birth of the EMTALA, requiring medical attention to all ED patients as well as transfers if needed to stabilize, including mothers in labor.