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Ingram ReadyMix
This week, the Texas Toxic Tour takes you to Bulverde Texas, a
small town northwest of San Antonio. This is the story of a
communities struggle to protect their homes from pollution from
a concrete batch mix plant, without the support of the state's
environmental agency, the Texas Legislature, and Governor George
W. Bush. Be sure to watch this week's video interview featuring
Mayor Bob Barton.
Ingram ReadyMix, Inc.
In February 1995, Ingram ReadyMix, Inc. filed an application with
the Texas Natural Resource Conservation Commission (TNRCC) for a
standard exemption from an air quality permit on a proposed
concrete batch plant within the rural hill country community of
Bulverde. A batch mix plant, which produces concrete by mixing
cement and gravel or sand, can emit a large amount of dust and
particulate matter into the air. Mayor Barton remembered that
people were concerned about possible health problems from the
plant; "It's my understanding that the particulate from the cement
plants are not toxic. I'm not a toxicologist, but it seems to me
that it's toxic if it makes you sick." After conducting a study,
Mayor Barton, a retired scientist, and other people in the
community decided the particulates emitted by the plant were a
substantial health problem, "they are not just a nuisance, those
things are deadly… an accumulation of particulates in the lungs of
someone that has pulmonary problems like emphysema or heart
disease, it can be deadly."
The Bulverde community, concerned about air and water quality as
well as safety hazards caused by traffic in and out of the plant,
gathered 1,600 signatures on a petition against the issuance of
the standard exemption. Bulverde residents requested and were
granted a hearing on the standard exemption. As part of their
evidence, the residents conducted their own air dispersion
modeling, which supported their claim that the plant would not
meet particulate emissions standards and thus the criteria for a
standard exemption. Mayor Barton said, "TNRCC allows 400 micro
grams per cubic meter of air per one-hour interval…in the case of
this concrete batch mix plant we fought…(according to the
modeling) this plant which the TNRCC allowed would have in excess
of 1200 micro grams per cubic meter." While Bulverde citizens had
gone to considerable expense and study to prepare their case,
Mayor Barton said they weren't sure of stopping the plant. "TNRCC
has been granting the standard exemption for 25 years, and they
have absolutely no data to support the granting of them," he
added, "A competent researcher accessing the records would be
astonished to see how little foundation they have for many of
these standard exemptions they have in place."Audio & Video
Listen to the Ingram ReadyMix pollution story
Featured on our interview is Bulverde Mayor Bob Barton.
Video:
• QuickTime 685 KB
• QuickTime
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End
The three TNRCC Commissioners listened to the overwhelming
evidence of dozens of citizens as well as state and county
officials and denied the issuance of a standard exemption. This
was the first time citizens had challenged the TNRCC basis for
issuing this standard exemption to concrete batch mix plants and
won.
As a result of the controversy, in 1996 TNRCC began an evaluation
of the standard exemption for concrete batch plants, which
included a review of results from more than 100 Computer Air
Dispersion Modeling scenarios. It found that most plants would
exceed the state regulatory standards--as well as criteria for the
standard exemption itself-unless dust and particulate matter from
roads were excluded from the modeling. TNRCC never released the
report to the public, and a final version of the report was never
approved by the Commissioners.
The following year, Ingram ReadyMix moved just outside the city
limits of Bulverde near several schools and applied again for a
standard exemption for their concrete batch plant. TNRCC approved
the exemption in 1998. Once again, Bulverde residents requested
and were granted a hearing on the exemption. In June 1999,
Bulverde sent dozens of concerned citizens to the final meeting
with the TNRCC Commissioners, who would make a vote on the
exemption. The citizens were armed with presentations of data and
evidence, including air dispersion modeling which again showed
that the plant would pollute more than it was allowed. However,
this time around, the new Chairman Robert J. Huston only granted
eight minutes of time for the entire delegation of more than 30
citizens. The TNRCC Commissioners then summarily approved the
issuance of the standard exemption.
What had changed? During the spring of 1999, the cement industry
worked the Texas Legislature to make sure Ingram's defeat would
not happen again. The industry pushed through a bill that
prohibits the use of independent computer air dispersion modeling
in hearings involving concrete batch plants. The bill also
prohibits TNRCC from requiring a concrete batch plant which
qualifies for the exemption from conducting their own air
dispersion modeling before beginning construction. Apparently, the
cement industry didn't like either their own or independent
modeling because it was showing the industry couldn't meet the
standards designed to protect human health. During legislative
hearings, TNRCC and industry spokespeople relied on the still
unapproved TNRCC study, which specifically excluded emissions from
roads in its calculations.
SB 1298 was signed into law by Governor Bush in the summer of 1999
and Ingram ReadyMix is currently operating in Bulverde. "If the
Senate Natural Resources Committee and the Legislature as a whole
had not approved this prohibition against using air dispersal
modeling, on these concrete batch mix plants, citizens would still
have a chance." Mayor Barton said. "When you bring some of the
deficiencies of the agency, using their own documents; you still
can't get any action, it is disappointing." Barton added, "I think
the TNRCC is completely neglecting their duty in that area
(protecting rural areas from air pollution), they are abdicating
to industry…To me as a scientist, it's been a mockery, it really
has been."
Join Texas PEER soon for another stop on the Texas Toxic Tour.
Sources:
Thanks to Texas Center for Policy Studies for help with this
story.
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