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TCEQ Should Explain Their Actions And Be Held Fully Accountable, Burgess Says

Washington, May 28, 2010 | Lauren Bean (202-226-9895)
Yesterday, the Texas Commission on Environmental Quality (TCEQ) released the results of a audit that revealed disturbing findings about the agency’s air quality testing methods in North Texas. The audit found several problems relating to TCEQ’s tests on the effect of urban gas drilling on the area’s air quality. “I was recently briefed by TCEQ on air quality issues in the area related to urban gas drilling,” Burgess said. “I relied on the information I was given, as did many others in North Texas. I find it personally offensive to find out that what I have been told may not be the full story on the air quality issues in the area that affect millions of North Texans. There are a lot of questions that TCEQ needs to answer, and the public is right to demand accountability.”
6/2/2010 - UPDATE: “Issues relating to urban gas drilling in the Barnett Shale have been present since I began my tenure as a United States Congressman in January of 2003, and my staff and I have been involved and monitoring the situation ever since. My staff have been present at every town hall event or local forum of which we have been aware, and engaged a senior energy advisor for the U.S. Environmental Protection Agency. At my request, I have been briefed by the Texas Commission on Environmental Quality several times, as well as the Texas Department of State Health Services, on the issue of air and water quality. Further, my staff and I have kept in constant contact with local and state officials on the issue.

"Since being named the Ranking Member on the Oversight and Investigations Subcommittee of the House Committee on Energy and Commerce Committee, Committee staff have looked into the issue to determine if federal involvement would be appropriate. The permitting and siting of gas production wells, as well as the oversight of air and water quality, are under the purview of local and state governments. Both of these entities are capable of carrying out their duties.

"When it was brought to my attention last Friday that an internal audit showed that the relevant state agency, TCEQ, failed to inform local officials in a timely manner of new air quality data collected at sites in Fort Worth, I took issue. There are questions that TCEQ needs to answer, and the public is right to demand accountability. TCEQ’s response to discovering that its equipment was not able to properly detect certain levels of toxins calls into question the agency’s credibility. TCEQ must focus its efforts on correcting these mistakes and reestablishing the public’s trust.

"While the internal TCEQ audit found issues surrounding the data taken at sites in the DFW area, the larger issue is why TCEQ officials waited weeks after finding out this data was suspect to come forward and correct their earlier statements. An outside investigation is the most proper way to determine if the actions taken were proper.

"After further review of all the information currently available, I have determined that an investigation by the Texas Attorney General’s office might not be the best course of action. TCEQ is currently up for review by the Texas Sunset Advisory Commission, and I have every confidence in the Commission to conduct a thorough review of TCEQ, and I do not believe there needs to be duplicative efforts by multiple agencies reviewing TCEQ. Further, I am confident in the state regulatory agencies’ ability to fulfill their responsibilities and ensure the safety of Texans."


Yesterday, the Texas Commission on Environmental Quality (TCEQ) released the results of a audit that revealed disturbing findings about the agency’s air quality testing methods in North Texas. The audit found several problems relating to TCEQ’s tests on the effect of urban gas drilling on the area’s air quality.

“I was recently briefed by TCEQ on air quality issues in the area related to urban gas drilling,” Burgess said. “I relied on the information I was given, as did many others in North Texas. I find it personally offensive to find out that what I have been told may not be the full story on the air quality issues in the area that affect millions of North Texans. There are a lot of questions that TCEQ needs to answer, and the public is right to demand accountability.”

Among the audit’s findings are that TCEQ used equipment not sensitive enough to conduct the kind of rigorous testing necessary to ensure the levels of toxins in the air residents are breathing are within safe standards. More troubling, the audit suggests that employees at TCEQ knowingly kept this information from the public.

“The public must have faith in the agency designed to protect residents from environmental hazards. TCEQ’s response to discovering that its equipment was not able to properly detect certain levels of toxins calls into question the agency’s credibility. TCEQ must focus its efforts on correcting these grievous mistakes and earning the public’s trust. Those responsible should be held fully accountable, and I believe that a robust investigation would be appropriate,” Burgess continued.


Congressman Michael C. Burgess, M.D., is a member of the House Energy and Commerce Committee, Ranking Member of the Subcommittee on Oversight & Investigations, and a member of the Health and Energy & Environment subcommittees. He is also a member of the bipartisan, bicameral Joint Economic Committee. Prior to becoming a member of Congress in 2002, Congressman Burgess practiced medicine in North Texas for over 25 years.