Testimony on Harvey response before House Environmental Regulation committee

Testimony of Executive Director Luke Metzger

House Environmental Regulation Committee

January 23, 2018

Good afternoon, Chairmen and members. My name is Luke Metzger and I am the Executive Director of Environment Texas, a non-profit advocate for clean air, clean water and open spaces.

In addition to the disaster it caused to public safety and property, Hurricane Harvey was possibly the worst environmental disaster Texas has ever seen, including air pollution, sewage, oil spills and a huge amount of debris. A storm of this size is obviously going to cause some environmental problems. But a good deal of this pollution could have been prevented. Unfortunately, Gov. Abbott widely waiving state environmental laws did not help the matter.

First, air pollution. Oil, chemical and other plants pumped out almost six million pounds of unauthorized air pollution, including chemicals which can cause cancer, in the span of just a couple weeks. Fifteen first responders were sent to the hospital after breathing fumes at the Arkema chemical plant and there were many other reports from the public of headaches and breathing problems throughout the disaster zone. When a refinery or chemical plant stops in preparation for a storm, there can be an increase in emissions because pollution-control devices require stable, higher temperatures to operate properly. These emissions, often illegal, can be exacerbated by poor design and training, old equipment, and waiting until the last minute to begin the shutdown. Having every polluting facility in the region shut down all at the same time led to a huge toxic burden to the public.  Industry needs to modernize their facilities and take better care to not make a bad situation worse with their health threatening pollution. TCEQ should use its authority to stagger startups and shutdowns in response to storms in order to minimize the cumulative impacts of pollution on the public. And if companies broke the law, TCEQ needs to make sure they’re held accountable. Unfortunately, TCEQ has a poor track record on enforcement. A recent study by ET/EIP found that, over a five year period, only 3% of unauthorized emissions due to maintenance or malfunctions faced fines. The average fine was just 3 cents per pound of pollution.

Next, sewage. 25 million gallons of raw sewage spilled in to our streets and creeks. That’s the equivalent to every person in Houston flushing their toilet nearly 7 times. Raw sewage contains many pathogens that can make people sick. Though there may be little that could have slowed the releases of raw sewage during Hurricane Harvey, Texas often spills untreated sewage during smaller precipitation events and should take steps to address this problem. There are thousands of these spills each year in Texas, typically due to leaks, corrosion or blockages in poorly maintained pipes. According to the American Society of Civil Engineers, in general Texas’ infrastructure lacks funding, proper maintenance, and is poorly equipped to deal with environmental change as Texas continues to grow. But this is particularly the case when it comes to our wastewater infrastructure. In ASCE’s report card, wastewater infrastructure was the only category in which we did worse, going from a C- in 2012 to a D in 2017.

Next, oil spills. During extreme weather events, like we saw with Hurricane Harvey, wastewater storage tanks can be damaged or even float away, while open pits can flood, mixing wastewater into the floodwater. According to the Railroad Commission, thousands of barrels of oil and produced water spilled, including some of which spilled in to the Colorado River.  Wastewater spills can cause environmental damage. Produced water may contain more than 1600 potentially toxic chemicals. If produced water spills into the public water supply, these contaminants could threaten human health. Additionally, the high level of salinity has been found to harm soil health. In normal circumstances, the salt levels in produced water can kill all vegetation and prevent its regrowth, while spills into waterways can kill fish. We also know that oil and produced water will travel far and wide. In one post-Harvey spill, the Railroad Commission reported: “Oil stains are visible in trees 10-feet above ground level at a site about one-half mile from the location pad.” With thousands of barrels of oil and produced water in the floodwaters, there are also health concerns for anyone who was exposed to the flooding or was is involved in the cleanup process. Skin irritation and respiratory problems are common symptoms following exposure to oil and wastewater spills. We sent a letter to the Railroad Commission (which I distributed) laying out some steps Texas could take to help prevent or limit spills during future storms, including posting data on spills on the RCT website within 24 hours of being notified, requiring tanks in floodplains be anchored and have identification, and prohibiting impoundments in floodplains or, at a minimum, requiring that they be engineered to withstand floods.

Next, trash. 30 – 40 million cubic yards of debris was generated, or enough to fill NRG stadium about ten times. TXDOT and the Texas Department of Emergency Management are using incinerators to burn some of this while the rest is being landfilled. Incinerators and landfills have negative impacts on the environment and public health. When landfilled, drywall can create hydrogen sulfide, a toxic gas. Burning vegetative material releases smoke which can cause respiratory problems. And Organic material produces greenhouse gases, contributing to global warming, when it degrades in landfills instead of being composted. As was discussed in this morning’s hearing of the subcommittee, to reduce these problems, construction and demolition waste should be diverted and recycled while organic material should be composted. TCEQ should also develop a debris management plan following EPA guidelines.

And finally, global warming. According to researchers with Rice University’s Severe Storm Prediction, Education and Evacuation from Disasters Center, Hurricane Harvey’s record rainfall was three times more likely than a storm from the early 1900s and 15 percent more intense as a result of climate change. We know that Texas will experience more of these megastorms unless we take action to reduce global warming pollution.

Thank you.