a publication of mothers for clean air

spring 1999 - vol. 2, issue 1

Houston's Transportation Future 

"What are the alternatives to more cars?" That was the question posed to representatives of four transportation agencies at MFCA's Transportation Forum, called "Houston's Transportation Future" on Tuesday, February 23. More than sixty people attended the event at Emerson Unitarian Church.

The evening began with a reception featuring exhibits of current and proposed projects with refreshments generously donated by A Moveable Feast, Murphy's Deli, and Randall's Food Markets. Following the reception, each speaker gave a short presentation outlining what his agency was doing to reduce the number of cars in the Houston metropolitan area. Alan Clark, Houston-Galveston Area Council (HGAC) MPO Director, gave an overview of how vehicle emissions contribute to ozone and how we are addressing the federal requirements. Jerry King, City of Houston Director of Public Works, presented several novel solutions to the traffic problem including limiting the number of cars per household, and increasing the driving age to 18. John Sedlak, METRO Assistant General Manager of Capital and Long Range Planning, spoke about high occupancy vehicle lanes, the park and ride program, and a proposed light rail line from the Astrodome to Downtown. Chris Olavson, TXDOT Director of Transportation Planning, gave statistics on TXDOT's function of building and maintaining roads. Dr. Carol Lewis, Texas Southern University Center for Transportation Training and Research (CTTR) Director, moderated the panel. After the presentations, the speakers answered questions concerning the impact of NAFTA on Houston's roads, the Westpark corridor, and use of alternative fuels. The evening proved to be a time to learn what is being done to reduce the number of cars on the road and to be motivated about what we have to do to clean up the air in this region.

Houston Ship Channel Tour

On November 8, about 30 adults and children joined Mothers for Clean Air for a free, one and a half hour tour of the Houston Ship Channel aboard the M.V. Sam Houston. Preceding the boat tour, George Smith of the Sierra Club gave a preview of the stacks, reactors, and tanks that we would see from the 100 plants in the world's fourth largest petrochemical complex. He told us that over the past 27 years, petrochemical emissions have been reduced about one-third, but that some facilities are not required to apply for emission permits because they were built before 1971. These facilities are referred to as "grandfathered" (See Air Quality Basics, pg 3). Those on the tour got a good whiff of what emissions smell like as the boat turned around at Simpson Pasadena Paper to head back. The tour was so successful that MFCA is making it an annual event. You don't have to wait until November 7 to experience the Houston Ship Channel for yourself. You can reserve a time and space before then by calling the Houston Port Authority at 713/670-2416.

Cancer-Causing Chemicals

Texas is the state most threatened by cancer-causing pollutants and Harris County is at the top of the list of the most threatened counties in America. The Sierra Club reports that Texas polluters legally dumped 15 million pounds of cancer-causing chemicals in 1996 and 5.1 million pounds were released into the air and water in Harris County. Two other counties in Texas, Jefferson and Brazoria, are listed in the top twenty. These figures were compiled from the Toxic Release Inventory (TRI), a self reported summary required by the 1986 Superfund Amendments. Data from 1996 are the most recent available.

You can find out more about toxic pollution in your community by looking at the Environmental Defense Fund's website www.scorecard.org and typing in your zip code.

Toxic Releases and Schools

The Lone Star Chapter of the Sierra Club states in a report released in January, that over 88,000 children in 95 schools in Harris County are affected by grandfathered air pollution. These schools are within two miles of at least one grandfathered facility that legally are not subject to the same emissions regulations as more modern facilities (See Air Quality Basics, pg 3).

Air pollution affects all ages, but the health of children is a particular concern because they are more vulnerable to air pollution. They tend to be outside more often and are more active, thus taking in significantly more air pollution per body weight than adults. Children attending schools near grandfathered facilities are potentially at greater risk than those attending schools farther away.

Working Toward Environmental Justice

Lupe Cordova has lived in the Ship Channel community of Woodland Acres for more than 15 years. Lupe acknowledges that air pollution from industries on the Ship Channel is a problem in her community. She says the air smells all the time like chemicals, chlorine, paint, or raw sewage. Sometimes it burns her eyes and nose and that of her children. The smell seeps into her home and lingers so that she has to open the windows to air it out. But, Lupe feels the pollution coming from within her community is more of a threat to her and her family than that wafting from big industry on the Houston Ship Channel.

Lupe explains that several small industries including steel fabricating, welding, and transport operations have sprouted up in Woodland Acres on land purchased many years ago and left vacant. The uncontrolled air emissions from these small sources affect her community's environment all day, every day. Eighteen-wheelers from these operations also create exhaust and dust, damage her living environment, and threaten the safety of children in the neighborhood. The owners don't maintain their property and beyond being an eyesore, piles of discarded materials harbor rodents and snakes.

Lupe says this is a political issue. She is frustrated by the response she gets from different departments in the city who say their hands are tied because there is no zoning. She has stopped sending letters to the City because she no longer believes it will do any good. She says that the City is making money on what is being done in the Ship Channel area, and should be as concerned about living conditions within its communities as it is about the appearance of downtown to visitors.

When asked why she stays in Woodland Acres, Lupe says she feels trapped because the pollution has caused the price of homes to drop. Although her home is paid for, she feels she would not be able to sell her home for enough money to make a down payment if she ever considered a move. Nevertheless, she will never stop working to improve her living situation. "This is a health issue that affects my home and my family. It is not just the way I live, it is the way everyone around here lives. I am not just concerned about my family, but about the whole community."

Lupe Cordova is president of the Woodland Acres chapter of Mothers for Clean Air.

Air Quality Basics

The Grandfather Loophole

For 27 years, some industrial facilities have been allowed to pollute more than others because of a legal loophole called grandfathering. Since the Texas Clean Air Act was passed, industrial facilities in existence or under construction before September 1, 1971 have never been required to obtain a state permit to operate¹. These facilities are referred to as "grandfathered" and are responsible for nearly 23% of industrial air pollution in Harris County². (One industrial plant may have multiple facilities.)

Although grandfathered facilities must comply with applicable state rules and regulations governing air emissions, special exemptions exist for older facilities. Those built before 1971 or under construction before September of that year did not have to obtain preconstruction permits when built. In general, they are also exempt from other requirements such as public notice, review of their impact on public health, and use of best available air pollution control technology (BACT). Therefore, they are legally permitted to emit more air pollution than newer facilities equipped with modern pollution controls and subjected to stricter regulations.

When the Texas Clean Air Act was passed, it was assumed that grandfathered facilities would be replaced with modern facilities over time and that exempting them would not significantly affect air quality. However, data from 1997 indicates that nearly 50,000 tons of grandfathered emissions were released from facilities in Harris County². Table 1 shows the industrial plants in Harris County with the highest grandfathered nitrogen oxide emissions. (Nitrogen oxides are an ingredient of ozone smog.) The percentage of facilities at each plant that falls under the grandfather loophole is also indicated. The Texas Natural Resource Conservation Commission (TNRCC) formed the Clean Air Responsibility Enterprise (CARE) Advisory Committee in 1997 to develop a voluntary program for reducing emissions from grandfathered facilities. However, TNRCC is waiting for the voluntary program to be approved by the state legislature before it is implemented.

In a study of a pilot of this program in December 1998, the Environmental Defense Fund (EDF) found that of 36 companies, only 3 had actually reduced their emissions amounting to 3,602 tons, less than one-half of 1% of annual grandfathered pollution in the state³. Critics of the CARE program say it is unlikely to amount to any significant reductions the way it is planned and feel it either needs to be strengthened or made mandatory in order to be effective.

^{1GHASP and the Lone Star Chapter of the Sierra Club. Grandfathered Air Pollution. 1998}

^{2Neil Carman, personal communication}

^{3Environmental Defense Fund. Too Little Too Late: An Analysis of the Voluntary Permitting Program. 1998}

^{Thank You}

^{Mothers for Clean Air has received $2000 from the Margaret Cullinan Wray Trust to continue efforts to reduce air quality impacts on children. MFCA also received a $500 gift from the Citizen's Environmental Coalition to prepare and print materials for Earth Day activities.}

^{Earth Day is April 22}

Mothers for Clean Air is participating in several Earth Day events in April. Stop by our booth, introduce yourself, and bring your kids to watch the Clean Air Coalition's puppet show at the following times and locations:

April 10 Buffalo Bayou Park noon - 7:00 p.m.

April 17 Cochran's Crossing Shopping Center The Woodlands 10:00 - 2:00 p.m.

April 24 Houston Arboretum 10:00 - 4:00 p.m.

Volunteers are needed to set up the booth, conduct the children's activity, distribute literature, and take the booth down. Call 713/526-0110.

Editor Needed

Our special appreciation and thanks to our volunteer editor, Kathy Lang, for the great job she did designing our newsletter and editing the first two issues. Unfortunately, Kathy will not be able to continue as our newsletter editor, and we are seeking a replacement. We are looking for someone experienced with Page Maker or Microsoft Publisher to volunteer their time to lay out our newsletter once every three months. No writing is required. Call Jane at 713/526-0110 if you are interested.