In Texas, industrial facilities are avoiding stricter federal environmental regulations by classifying themselves as "minor" sources, raising concerns about air pollution and regulatory oversight.
Companies in Texas exploit legal distinctions between major and minor pollution sources to bypass stringent federal environmental standards, a practice that exacerbates air pollution.
Environmental attorneys and experts identify a systemic issue in Texas' permitting process, where facilities underreport emissions or split their operations to evade federal oversight.
This practice, while legal, contradicts the spirit of environmental protection laws, leading to significant environmental and health concerns in areas like Greater Houston.
Key quote:
"This is sort of a foundational problem with Texas permitting and it’s leading to a lot of harm,"
— Gabriel Clark-Leach, former staff attorney for the Environmental Integrity Project.
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Industrial developers describe facilities as “minor” polluters to avoid federal permitting requirements, and environmental lawyers say the Texas Commission on Environmental Quality lets it happen.
A judge reversed a 2022 decision by the Texas Commission on Environmental Quality that involved its controversial “one-mile rule” to deny hearing requests.
A new report found that companies in Texas have had 21,000 unexpected pollution releases that emitted 400,000 tons of air pollution over six years, but only 1% of them prompted action by the Texas Commission on Environmental Quality.
The Texas attorney general finally filed suit last year, but some residents in Toyah say the Texas Commission on Environmental Quality was “negligent” and want to know what took so long.
