Community groups and environmental activists have filed a Notice of Intent to Sue the Environmental Protection Agency (EPA) to bring the Valero Houston Refinery’s Title V federal operating permit into compliance with the Clean Air Act. The groups argue that the Texas Commission on Environmental Quality (TCEQ) has failed to resolve challenges to the EPA’s orders, and that the Clean Air Act requires the EPA to take over the permit.
The Valero refinery is the only refinery located within the city of Houston and is located next to the Manchester neighborhood, a well-known and well-documented environmental justice community along the highly industrialized Houston Ship Channel.
“The health and environment of our East End communities are constantly threatened by the Valero Houston Refinery, a situation made worse by the Texas Commission on Environmental Quality’s continued failure to enforce critical safety measures,” said Ana Paras, co-director of Texas Environmental Justice Advocacy Services and Sierra Club member. “We are taking this action to hold EPA accountable and ensure that this facility’s federal operating permit meets the strict standards of the Clean Air Act. EPA must step in to correct these serious deficiencies, ensure proper oversight and compliance, and make the health of the Manchester area and all those affected by this refinery’s emissions a priority.”
The permit in question is a Title V federal operating permit required by the Clean Air Act. It is intended to consolidate all of Valero’s restrictions from multiple permits and regulatory requirements and include monitoring, reporting and recordkeeping requirements to ensure the refinery is actually complying with those restrictions. NOI argues that EPA needs to take over the permit to resolve a number of issues that TCEQ has failed to address.
The groups allege state regulators failed to include monitoring requirements to ensure some of the refinery’s most polluting and emissions-producing units, including its fluid catalytic cracking unit, two flares, boilers and other equipment, were in compliance with regulatory limits.
“The State of Texas has failed to ensure that the Valero refinery in Houston monitors, reports and manages harmful air pollution that is having real impacts on people’s health,” said Earthjustice Senior Attorney Rodrigo Cantu. “The EPA has an obligation to take over the permitting process so Houston residents can breathe cleaner air.”
“Historically, Manchester and neighboring areas have had high air pollution that has caused residents to become ill,” said Pat Gonzalez, president of Pasadena Community Caring. “We have been working to reduce air pollution and improve monitoring and compliance by Valero, and this notice should encourage the EPA to take action in that direction.”
“We are hopeful that this action will see the EPA follow through on its original objections, strengthen the permit, and ensure compliance with the Clean Air Act to improve the air Manchester residents and surrounding communities breathe,” said Joe Welsh, an attorney with Lone Star Legal Aid.
Texas Environmental Justice Advocacy Services (Tejas) and the Lone Star Chapter of the Sierra Club are represented by Earthjustice in the NOI. Caring for Pasadena Communities is represented by Lone Star Legal Aid. Environmental Integrity Project is representing itself. In addition to this NOI, these groups recently petitioned EPA to challenge the latest proposed version of TCEQ’s Title V permit on other grounds.
Background information
In 2019, the Valero refinery submitted a draft Title V Federal Operating Permit application to TCEQ.
In 2021, after notice and comment, the groups filed a petition with the EPA regarding numerous deficiencies in Valero’s Title V permit.
In June 2022, the EPA issued an order granting numerous objections and directing TCEQ to amend the permit. After another comment period, TCEQ issued a proposed amendment to the Title V permit in 2024, but the amended permit failed to address most of the EPA’s objections.
Now, the EPA must take over the permits to ensure compliance with the previous orders and the Clean Air Act.
