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TCEQ should order hearing for pollution permit
April 7, 2009

On Wednesday, the Texas Commission on Environmental Quality will decide whether to renew the permit for TXI's Midlothian plant or order a formal hearing to consider the case. The commissioners have already indicated that they won't accept public comments at Wednesday's meeting. And, conceivably, they could swiftly sign off on the renewal with little discussion.

Written by Editorial, The Dallas Morning News

TXI wants the state to simply rubber-stamp the renewal of its air pollution permit – no questions asked. The cement maker is hoping to persuade environmental officials to endorse another 10 years of intense pollution in North Texas without bothering with the messiness of a hearing.

But giving the state's biggest cement plant permission to pollute for another decade should be anything but perfunctory.

On Wednesday, the Texas Commission on Environmental Quality will decide whether to renew the permit for TXI's Midlothian plant or order a formal hearing to consider the case. The commissioners have already indicated that they won't accept public comments at Wednesday's meeting. And, conceivably, they could swiftly sign off on the renewal with little discussion.

This controversial permit deserves a more thorough – and public – airing. TXI is our region's biggest source of industrial air pollution. And as North Texas struggles to comply with more stringent federal smog rules, this permit approval should not be automatic.

TXI argues that renewal should be granted because the company is not increasing emissions. TCEQ's executive director agrees. Unfortunately, the state's lax environmental laws give TCEQ cover, saying the agency generally cannot grant a hearing request if the permit holder is not seeking to emit more pollutants.

In this realm, Texas law is short-sighted and at odds with federal regulations. The U.S. Environmental Protection Agency has tightened pollution limits, and smog-choked areas such as Dallas-Fort Worth are scrambling to abide by the new rules. Allowing industry to emit the same, old amount of pollutants creates a steep challenge for the region.

The EPA has pointed out that TXI's proposed permit fails to meet several federal requirements. The city of Dallas and several other local governments also have raised serious concerns about granting this renewal.

Fortunately, the state's environmental commissioners have some leeway. They have the authority to order a hearing if the public interest demands it. The TCEQ has received 195 hearing requests in this case.

An air pollution permit of such consequence demands additional scrutiny. Commissioners should exercise their discretion and schedule a formal hearing.

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