EPA's pollution formula doesn't add up; changes comingFeb 27 - Matthew Tresaugue Houston Chronicle
The Environmental Protection Agency will review its decades-old methods for estimating emissions from refiners and chemical makers, a move that could reveal higher pollution levels in Houston and across the country. The federal agency on Wednesday said it has agreed to the review as part of a settlement with Air Alliance Houston and three other advocacy groups. The environmental coalition last May filed suit in the U.S. District Court for the District of Columbia, accusing the EPA of using outdated and inaccurate formulas to estimate levels of air pollution. The groups claimed that research shows that actual smog-forming emissions can be 10 to 100 times greater than EPA estimates, which are based on data provided by industry. As a result, the agency does not have reliable data to develop pollution controls, set emissions limits and guide enforcement. "To think that some sources may be emitting 100 times the pollution they report is frightening," said Adrian Shelley, executive director of Air Alliance Houston. "How can we hope to protect our health if we don't know what's out there? Let's get the number right, then we'll work on reducing them." Under the agreement, the EPA will assess and likely revise its formula for estimating emissions from flares, wastewater treatment systems and storage tanks at chemical plants and oil refineries by Dec. 19. The agency had not examined some of these factors in more than 20 years -- even though federal law requires a review and revisions, if necessary, to the formulas every three years. Of particular concern are flares, which burn off pressurized gases during startups, shutdowns and equipment malfunctions. Federal regulators have relied on a 30-year-old study to calculate the emissions. The groups claimed in the suit that the formula overestimates the flares' operating efficiency and thus underestimates the emissions of benzene, 1,3-butadiene and other harmful chemicals. Using the 'best science' Matthew Kuryla, a Baker Botts attorney who represents industry on environmental issues, said he does not see the agreement driving any substantial regulatory changes. Also, he does not anticipate an uptick in reported emissions in Houston with tweaks to EPA's calculations. His clients "use the latest and best science in measuring and estimating emissions," he said. "Most of (the environmental groups') critiques of EPA's published factors have been well understood for some time." The city of Houston five years ago raised similar concerns with the EPA, which acknowledged flaws in its formulas and promised to make changes. But the agency did not follow though, and the environmental groups sued. 'Right direction' Air Alliance Houston was joined in the suit by Texas Environmental Justice Advocacy Services, an East Harris County group; Port Arthur's Community In-Power and Development Association; and the Louisiana Bucket Brigade. They were represented by the Environmental Integrity Project, a Washington, D.C.-based nonprofit law firm. "More stringent rules are necessary to help protect the health of innocent folks living in the shadow of refineries, chemical plants and incinerator facilities," said Hilton Kelly, who leads the Port Arthur group. "This settlement is a good first step in the right direction." |