Photo Credit: Valero
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Some Texas energy companies appear to be growing tired of the ongoing battle between the state and the Environmental Protection Agency. The EPA this summer overruled Texas' air permitting program. From Austin, KUT's Erika Aguilar has more.
August 9, 2010 · Forty-six state representatives and senators, both Democrats and Republicans, have signed a letter to the Texas Commission on Environmental Quality.The letter states, quote, "Regardless of who is correct in this dispute, the disapproval of this program has created a cloud of uncertainty for those businesses that are operating under a flex permit."
Six Valero refineries operate under a flex permit, and it was Valero that sent an email to legislators requesting the letter. Bill Day is Valero's spokesperson.
"Those six permits are more than anybody else in the state of Texas has. So we are very interested in seeing this dispute resolved," Day said.
The Texas flexible air permit allows refineries and chemical plants to keep emissions under a certain limit by spreading emissions. This means one unit within the plant could emit more pollutants than others and still fall within compliance.
Day says Valero wants to work with TCEQ and the EPA to come up with a way to "de-flex" their permits, in other words, to find a way to somehow to meet EPA standards.
"This has left us in limbo. We don't know where this is going from here. It's a lot of uncertainty. We don't want to have uncertainty in our businesses," said Day.
Richard Hyde oversees permitting at TCEQ. A couple of companies have approached the state environmental agency about opting out of their flexible air permits, but no one has officially filled out the paperwork.
"Generally they're companies that have either significant expansion projects or significant environmental benefit projects."
One of those stalled projects is an expansion of a Port Arthur refinery, half owned by Shell.
David Weinberg of the Texas League of Conservation Voters says the letter indicates that the argument from the Governor's office, opposing the EPA's rules as harmful to business, won't fly.
"These same companies operate facilities in other states and comply with the clean air act."
The TCEQ says it's waiting for the EPA to approve a program it has proposed that would allow companies to "de-flex" their permits.
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