A main point of contention has been the state's flexible permit program, which sets a general limit on how much air pollution an entire facility can release. The issue exploded under the EPA leadership appointed by President Barack Obama, which formally disapproved Texas' flexible permits, saying they were too lenient. The state challenged the move in court, and the EPA began working directly with some companies on new permits.
The EPA accuses Texas' flexible permits of allowing Shell's Deer Park refinery to emit nearly double the amount of sulfur dioxide than would be permissible if it had a federally acceptable permit. ExxonMobil in Baytown emits double the levels of volatile organic compounds, such as benzene, than a federal permit would allow, according to the EPA.
Texas and the companies deny the allegations, insisting the companies comply with the emission limits set in their permits and are in line with federal guidelines.
The EPA and Texas have also been at odds over water permits. The EPA this month demanded in an unusual public statement that Texas work to reissue 80 expired permits designed to ensure wastewater plants and industrial facilities remove toxins before dumping water. The state says it has submitted much of the paperwork to the federal agency, which says they are not strict enough.
"These permits that EPA has not approved would have more stringent requirements," Shaw said. "The delay is reducing our ability to continue to make the environmental progress we've been making in the past years."
Earlier this month, the EPA also took on the Railroad Commission, the Texas agency that regulates the oil and gas industry, and accused it of not moving fast enough after having found evidence that methane had leaked into residential water wells. The federal agency ordered the gas driller to provide affected families with clean drinking water and determine how to stop the problem.
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