PAnews.com, Port Arthur, Texas

Opinion

August 9, 2010

Editorial: Industry needs clear path in permit process

PORT NECHES — The State of Texas and the U.S. government are fighting like schoolkids over playground toys and the jobs of real people — like the industrial workers in the Golden Triangle — are getting kicked around in the process.

The battle is seen by some as campaign grandstanding by Texas Gov. Rick Perry as he continues to rebuff what he views as Washington’s heavy handed over regulation of business in Texas, a campaign that even led to his use of the secession word in the past.

Others, including many of the Republican legislators who signed off on a letter seeking legislative action to allow Texas to determine how to regulate Texas business and industry, view the federal government as out of control in trying to interfere with business in Texas.

Texas uses a process called flexible permitting that the EPA says “allows companies to avoid certain clean air requirements.” Under flexible permitting, the pollution of an entire plant is measured instead of the pollution created by the individual units inside the plant. Critics say this allows units that spew pollution to continue operating and poisoning communities if they are “averaged out” by the rest of the plant.

Last week a ruling by the EPA denied the use of flexible permitting, which affects 122 plants, including the local Valero and Motiva refineries. The EPA has not yet given the state guidelines on how it must change its permitting process or what will be required of industrial facilities for them to comply.

Bill Day of Valero said the oil company is disappointed in the EPA ruling and supports the Texas court challenge, but can’t wait years for a resolution, the Associated Press reported in Saturday’s edition. “Uncertainty is the worst thing for business,” Day said.

We agree.

Industrial facilities in this area have greatly reduced emissions in past decades in response to tighter regulations. We think the improvement can continue, especially with the huge investments being made in local facilities like Motiva, Total and Valero.

But industry can’t hit a moving target. Instead of waging political battles, Gov. Perry, the EPA and the TCEQ should first look to the safety of the people of Texas, then to the viability of the companies that provide jobs, fuel and other products necessary to our security and way of life.

Congress and the regulatory agencies need to provide a clear way for Texas industries to meet the permitting requirements so they can continue to operate for the benefit of Texans and Americans. And the fight over who controls the toys should be quickly put to an end.

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