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TCEQ Proposes to Weaken Pollution Standards on Texas Waterways

For More Information: Ken Kramer, 512-476-6962 (office), 512-626-4204 (cell phone), ken.kramer@sierraclub.org

For Immediate Release (Thursday, March 11, 2010):

Sierra Club Criticizes TCEQ for Proposals to Weaken Clean Water Standards

Agency Proposals Would Allow More Bacteria Pollution in Texas Lakes and Streams Used for Recreation

(Austin) The Sierra Club today strongly criticized the state’s environmental regulatory agency for a proposed weakening of water quality standards protecting recreational use in Texas lakes and streams. A Sierra Club spokesman noted that the Texas Commission on Environmental Quality (TCEQ) itself has stated that the agency’s proposals, if adopted, would result in lower bacterial pollution standards for 293 Texas water bodies. These changes would increase the risk of illness for people recreating in these lakes and streams.

"TCEQ is undertaking a systematic effort to weaken existing clean water standards that protect the health of people who recreate in or on Texas lakes and streams", said Ken Kramer, Director of the Lone Star Chapter of the Sierra Club. "There is no scientific justification for these changes. TCEQ is doing this under pressure from wastewater dischargers and to reduce agency staff workload. The casualties of this cost-cutting will be the people of Texas and their ability to enjoy clean water."

The Sierra Club cited the following proposed changes in the state’s surface water quality standards that will weaken protections for people who swim, wade, canoe, kayak, raft, and otherwise recreate in or on Texas lakes and streams:

TCEQ is increasing the amount of E. coli bacteria that may be found in Texas waters before they are considered polluted;

TCEQ is revising the recreational use categories for Texas water bodies and allowing some lakes and streams used for recreation to have bacteria levels higher than the current levels for waters not used for recreation;
TCEQ is requiring two years of water quality sampling data showing the higher bacteria levels before the agency considers the lake or stream to be polluted;
TCEQ will not consider a single water sample showing high bacteria levels sufficient to demonstrate a water body is polluted, no matter the risk to human health;
TCEQ will not allow water samples taken during high flow events or flooding to be used to demonstrate that a water body is polluted, even though enormous amounts of pollution are likely to be flowing into a water body during heavy rain events.

In addition to the proposed revisions to the state’s water quality standards, TCEQ is also undertaking an extensive effort to "study" whether certain streams around the state are actually used for recreation. The Sierra Club is concerned that - due to agency budget constraints and the difficulty of making the public aware of this process - the results of these studies will be that streams will be characterized as not used for recreation even when they are. If these streams are not deemed "recreational use" streams, then they will be assigned even weaker bacterial pollution standards.

"The inevitable result of all the changes proposed by TCEQ is that tens of water bodies in Texas currently considered as polluted because of bacterial contamination will now magically be considered clean, and TCEQ will no longer have to develop and implement clean-up plans for those streams", said the Sierra Club’s Kramer. "Indeed TCEQ’s own proposal states that 62 Texas water bodies will no longer be considered in violation of water quality standards because of their weakening of the standards."

"TCEQ is touting that their weakening of the standards will save the agency money - at least a million dollars or so over a three-year period", noted Kramer, "but the Sierra Club believes that these money savings are coming at the expense of health costs and diminished recreational opportunities for Texans. The Sierra Club has supported efforts by the agency to get more funding for water quality programs. We don’t support their efforts to solve their money problems by abandoning strong clean water protections."

The TCEQ weakening of bacterial pollution standards is part of an extensive set of proposed revisions to the state’s surface water quality standards that is currently undergoing a public comment period that ends Wednesday, March 17, 2010.

Persons wishing to comment on the proposed weakening of the bacterial pollution standards may do so by going to the Lone Star Chapter of the Sierra Club website at www.texas.sierraclub.org. More information about water quality actions by TCEQ needing public input may be found at the following page on the website: http://www.texas.sierraclub.org/press/scr/scr20100304.pdf.

The Lone Star Chapter of the Sierra Club is the state arm of the national environmental organization founded in 1892. The Lone Star Chapter was organized in 1965 and now has a membership of over 23,000 Texans who "enjoy, explore, and protect the planet."

FASTRILL AND MARVIN NICHOLS RESERVOIRS UPDATE

A recent US Supreme Court decision NOT to hear an appeal by the City of Dallas, et al, seeking to reinstate their right to build Fastrill Reservoir on the Neches River in Cherokee and Anderson Counties has ended the threat to the Neches River National Wildlife Refuge. Plans to build marvin Nichols Reservoir are still active, but the Sulphur River, where Nichols Reservoir would be build is not a recreational river and is already severely polluted by run-off from pig farming and heavy agricultural use, so that one is not relevant to our recreational use interests.

For now, we can rest a little easier about the planned destruction along the Neches River. Thank you to everybody who wrote a letter, sent an e-mail or made a telephone call seeking to express objections to Fastrill Reservoir. Our efforts have been successful, and should serve as a reminder that our involvement sometimes DOES make a difference.

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Last updated March 15, 2010