A new investigation reveals how industrial facilities in Texas exploit legal loopholes to avoid federal air pollution standards. The result: millions of Americans breathe dirtier air.
What's happening?
Texas regulators grant permits to industrial sites that claim to be "minor" polluters. However, an analysis from Inside Climate News (ICN) found that facilities often underestimate pollution, split sites into multiple minor permits, or use other tactics to dodge the stricter oversight required of "major" polluters under the Clean Air Act (CAA).
Gabriel Clark-Leach, a former attorney for nonprofit law firm Environmental Integrity Project, said: "This is sort of a foundational problem with Texas permitting, and it's leading to a lot of harm. It's so important for sources to be considered minor because it makes the whole permitting process less expensive."
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For example, ICN reported that the Intercontinental Terminals Company in Houston holds minor source permits authorizing almost six times more pollution than the major source threshold. Texas Commission on Environmental Quality (TCEQ) reviewers expressed concerns about this "circumvention" but still granted the permits.
Why is CAA circumvention troubling?
More air pollution means more coughing, wheezing, and disease for the millions of Texans breathing it in. Toxic gases like sulfur dioxide can trigger asthma attacks and cause other severe respiratory issues, especially in children and the elderly.
Communities of color often bear the brunt. For example, the Environmental Integrity Project recently reported that "Air monitoring data show that communities of color and lower-income neighborhoods were the hardest hit" in the Houston area with increased pollutants over the past decade.
Beyond damaging public health, unchecked industrial pollution fuels the overheating of our planet. Toxic gases like carbon and methane trap extra heat in the atmosphere, worsening heat waves, hurricanes, and other climate impacts pummeling the Lone Star State.
What can be done about CAA circumvention?
The good news: Existing laws give regulators and citizens tools to crack down on polluters taking advantage of the system. Experts say EPA intervention and public participation during the permitting process could curb the granting of improper minor source permits.
"The Clean Air Act provides a backup: public participation," Inside Climate News' report reads. "Federal law includes detailed requirements for community engagement in major source permits."
Want to help clean up Texas' air? You can:
- Submit a public comment on draft air permits in your area. The TCEQ lists opportunities on its website.
- Report suspected illegal pollution to the TCEQ. Call (888) 777-3186 or file a complaint online.
- Support local organizations fighting for everyone's right to breathe clean air, like Air Alliance Houston, Downwinders at Risk, and Texas Environmental Justice Advocacy Services.
Together, through our voices and our choices, we can hold polluters accountable and secure a healthy future for all.
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