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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)

Overview of Formosa Drainage Study

annika

This supplementary legal document describes recommendations for storm- and waste-water management improvements for the Formosa petrochemical plant in Calhoun County, Texas. The text is a fairly standard drainage assessment. The author describes non-trivial discharge of pollutants out of the plant’s outfalls, which drain into local waters, and the inability of the plant’s systems to prevent flooding from even small storms. For some context on this, it is pretty standard to design a stormwater system to be able to drain the 100-year storm (that is, the storm with a 1% or less chance of occurring in any given year). Formosa’s Texas plant demonstrated the inability to convey even the 2-year storm.

Formosa Drainage Study

annika

Emphases are mine:

Problem areas were identified based on the results from the outfall drainage studies provided by Formosa. Thus, all the results in the OPCC rely on those studies, uncertainities associated with those studies, and the assumptions made for those studies, some of which may or may not be appropriate as I pointed out in Supplement #2 [Page 4]” (3)

“The proposed improvements assume that the conveyance capacity of the problem areas is increased 100%, which would be able to handle twice as much flow that it currently does. The results from the Drainage Study are not conclusive as to what storm event Formosa’s system currently is capable of conveying. The report does mention that the system is not capable of conveying the 2-year storm, and “sometimes” not even the 1-year storm event. (3)

“A 45% contingency is applied to the OPCC due to the uncertainties associated with underground utilities, likelihood of existence of low road crossings and need to replace those, groundwater impacts, other unknowns, and additional costs associated with engineering, etc. 45% is reasonable and in line with industry practices in my experience, especially given the large amount of unknown information available.” (4) 

“My opinion from my July 9, 2018 report that “there have been and are still pellets and/or plastic materials discharges above trace amounts through Outfall 001” is further supported by the deposition testimony of Lisa Vitale, as representative for Freese & Nichols, Inc, that she and her colleagues have seen floating white pellets or small plastic pieces in Lavaca Bay and in the area near outfall 001 as part of her work on the receiving water monitoring program for Formosa’s TPDES permit...Ms. Vitale also testified that she told John Hyak of Formosa about these sightings as well as has sent him water samples with the pellets about five or six times, including at least one time prior to 2010. This, along with the June 2010 EPA Report I cited in my July Report, demonstrates to me that Formosa was aware of problems related to discharges of plastics from its facility since at least in 2010.” (6)

 

Energy and COVID-19

ajr387

Energy is still seen as something we all need. The lights must say on, even under COVID-19, a national crisis with no end in sight, our current levels of energy consumption must remain the same. COVID-19 has not caused people to ask fundamental questions like "why do we use so much energy, do we need to? what even is energy?" We had even failed to do this to some extent. Electric companies offer payment options and plans, but their relationship to their customer has not fundamentally changed under COVID-19.

Building our survey based off this book

ajr387

The main way I will use this text in our future survey project is when crafting questions about energy. Our previous energy survey was built without an understanding of how "energy" came to be. We didn't question the fundamentals of how our understanding of energy came to be. Now that we have this knowledge, I think we can ask questions that get people to think about energy. Simple questions like "what is energy" and "why is energy important to your life" can serve to test some of the books claims. We can see if people think of energy like the book states: the ability to do work and some scientific measurement of that ability.

Marx's idea of a ruling ideas

ajr387

This text builds off of Marx's concept of the ruling idea. According to Marx, many concepts and ideas that are embedded as "common sense" in our society today exist to profilerate and benefit the ruling class. The book builds of this theory in multiple ways. For example, we view coal as one of, if not the only viable ways to power our sociey because the characteristics of coal most benefit the ruling class. It does not require communual effort like water and can be used all year round. On top of this, the way energy and work are intertwined also benefits the working class. We think of those that don't work as wasting their energy, when in reality they show that people do not need to work in the capitalistic sense of the word.

The biggest example of this is the scientific study of energy and entropy. The first two laws of thermodynamics somewhat contradict each other, but play into this idea that the earth is under our control. The second is even used to often justify forcing people into work, stating that if they waste energy, they cannot reuse it.