CEC ENVIRONMENTAL NEWS UPDATE 7/25/03

Coalition Notes

BBP celebrates new downtown bike path

The Buffalo Bayou Partnership this week hosted a reception to commemorate the opening of the North Side Trail, downtown Houston’s newest recreational hike and bike trail. The $3 million trail that links Sesquicentennial Park to the University of Houston-Downtown, is part of the Greater Allen’s Landing Project, a redevelopment effort officials say is designed to unify more than $25 million existing and planned initiatives in north downtown. North Side Trail enhancements include grading and drainage improvements, new bulkheads and a new irrigation system. Grading and drainage modifications were made to avert high water along the path during heavy rains. To prevent ground erosion, jute mesh and mulch were placed along the waterway. In an effort to shade the walkway and enhance existing trees, groupings of native species of trees were planted along the banks of the bayou during a community tree planting initiative. Those wanting to picnic in downtown Houston will now enjoy benches and trash cans that can be found in seating areas along the path.
This project was sponsored by the City of Houston and the BBP through a grant from Houston Endowment, Inc.

MfCA still needs volunteers

Mothers for Clean Air is looking for volunteers for an upcoming needs assessment of ozone watch and warning systems in the Houston/ Galveston area. By participating in the survey, volunteers will report if and when area radio and TV stations are reporting ozone watches and warnings. If you would like to be a part of this program, please let Please contact MfCA by email, mfca@mothersforcleanair.orgor by telephone 713-526-0110. After contacting us, regular volunteers will be asked to fill out weekly entries over the web at www.mothersforcleanair.org. MfCA also needs input from individuals who won’t be signing up for the survey but would like to report specific events or just fill us in on how the Houston area radio and TV stations are doing when it comes to ozone warnings.

KPC Workday

Mark your calendars for Saturday August 9 for the next Katy Prairie Conservancy Workday. Help control the invasive Chinese Tallow tree on the Nelson Farms Preserve and learn more about KPC’s year-round efforts and why the Katy Prairie should be protected. Volunteers will meet at Barn Owl Woods Preserve at 5 p.m. For more details visit http://www.katyprairie.org for more details RSVP for the event by emailing info@katyprairie.org or calling 713.523.6135

Local

Senate bill 55 would roll back Sunset reforms
by Erika McDonald

A measure passed in the state senate Monday would roll back laws that require the Texas Commission on Environmental Quality to consider companies’ environmental track record when considering new permits and handing out fines.

"Consistent and fair" consideration of a company’s compliance history was a central component of the 2001 Sunset reforms. The Sunset advisory commission spent two years considering citizen and industry comments on TCEQ’s enforcement and permitting programs. The resulting legislation, which required TCEQ to consider compliance history, was enacted with widespread support from Republicans and Democrats alike.

Senate bill 55, passed this week, would make consideration of compliance history discretionary.

Public Citizen’s executive director Tom Smith said that by leaving it up to TCEQ, lawmakers leave the cash strapped agency vulnerable to pressure from polluters who promise new jobs.

"TCEQ is not the world’s toughest watchdog," Smith said. "Time after time they’ve proven they’re willing to trade pollution for short-term economic benefit."

TCEQ reportedly spent $1.8 million and thousands of man-hours implementing the Sunset reforms. Whether or not these are hours and dollars wasted is now up to the Governor to decide.

Update: Nova issued clean air violation; cause of fire still unknown
by Erika McDonald

Six weeks after a fire at its polystyrene plant in Bayport, Nova Chemicals has not provided investigators a final determination on the cause of the blast.

Earlier this month, Harris County Pollution Control notified the company that it violated a provision of the federal Clean Air Act, which requires Nova to report the exact cause within two weeks of the fire. The violation could cost as much as $25,000 per day until the information is reported.

Heading up the County’s investigation into the Nova fire is Paul Newman. Newman said Nova officials responded to the violation notice with a draft report on the circumstances leading up to the blaze. Once a final report is submitted, pollution control will continue its investigation to determine what if any fines will be assessed.
While Newman could not comment on the content of the report until a final draft is submitted, he did say some portions of the final report might be kept "confidential."
Meanwhile, Nova neighbors say they are still waiting for the company to come clean about the chemicals emitted during the fire. About 40 residents of Shoreacres signed a letter addressed to Nova officials requesting the company engage them in a source reduction program. Residents say they want to be part of a collaborative process to help plant managers reduce the level of toxins emitted during daily operations.

LaNell Anderson and the Texas Bucket Brigade challenged Nova officials who said no ethylbenzene had been emitted during the fire. Air samples collected by Bucket Brigade volunteers after the blast revealed high levels of ethylbenzene and benzene, a carcinogen.

Two weeks after residents sent their letter, Anderson said she had not received a response from Nova.

Bayport opponents seeking new ally
by Erika McDonald

Residents and activists are looking for a new ally in their fight against a proposed container Port in Bayport.

For years opponents have argued the project should be moved to a less environmentally damaging location citing loss of important wildlife habitat and wetlands loss.

The question of exactly how much wetlands will be destroyed in the project is the heart of new analysis by environmental attorney Jim Blackburn. Blackburn said the Army Corps of Engineers, the permitting agency that oversaw the environmental analysis of the Bayport project, miscalculated the number of wetlands within its jurisdiction.

Following a 2001 Supreme Court decision that narrowed the definition of jurisdictional wetlands, the number of protected acres at the Bayport site dropped from 146 to 19.
Blackburn said the additional 125 acres of wetlands, vital for flood prevention and water filtration, were under the jurisdiction of the state’s coastal management program.

Blackburn is hoping his argument will be strong enough to recruit the Texas Coastal Conservation Council in his fight against Bayport.

A Council spokesman, Jim Suydam said the agency currently has no plans to join the Bayport fight. He said the Council supported the Corps efforts to clearly define wetlands.

Blackburn argued the state has a financial interest in defining wetlands broadly. Texas receives federal funds for coastal management projects like soil erosion replacement and purchasing land for conservation. He hopes to change state regulators’ minds at a meeting of the Texas Coastal Conservation Council early next month.

THIS WEEK’S EVENTS

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CEC Environmental News Update is a weekly publication by the Citizens' Environmental Coalition, a 501(c)3 dedicated to fostering dialogue, education and collaboration about environmental issues in the Houston-Gulf Coast Region. Visit the CEC online at www.cechouston.org.

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