Congressman Michael C. Burgess, M.D. (Texas-26) today sent a letter to the Texas Sunset Advisory Commission outlining the concerns he has with the Texas Commission on Environmental Quality (TCEQ) and air quality testing in North Texas.  TCEQ is up for review this year by the Sunset Commission, and the Commission is currently accepting public comment from Texans.  Burgess encourages other Texans, and North Texans that share his concerns with air quality tests performed in North Texas, to submit comments to the Sunset Commission.

The text of Burgess' letter is below:

June 9, 2010

Texas Sunset Advisory Commission Members
PO Box 13066
Austin, TX 78711

Dear Members:

Thank you for the opportunity to allow me to provide public comments to include in your review of the Texas Commission on Environmental Quality (TCEQ).

On May 28, 2010, the Fort Worth Star-Telegram reported that a TCEQ internal audit revealed discrepancies over the disclosure of data recovered during air quality testing in the Fort Worth area. This audit proved alarming to both me and the men and women living in the 26th Congressional District.

According to the audit, on December 15-17, 2009, TCEQ performed air monitoring activity in Fort Worth. The data was presented to the public on January 12, 2010 and showed that “no measured concentrations of the 22 target compounds exceeded TCEQ long-term or short-term screening values when the canisters were analyzed by gas chromatography.” However, a complaint filed with TCEQ’s chief auditor’s office alleged that management overseeing the data collection was aware that information presented to the public was “inaccurate and misleading.” While the audit found that the information was “technically accurate,” it agreed with the initial allegation that data presented could be considered misleading because “certain compounds were not detected in the field study.”

Sometime after the original round of testing, subsequent tests with more technologically advanced and sensitive equipment were performed. On January 22, 2010, updated results were published, indicating that “benzene was detected at levels greater than the long-term health based appropriate comparison level/ESL.” This seems to conflict with public statements made on January 12, 2010 touting the original data from the first round of testing. However, according to the audit, “there was no indication that upper management, nor the public, had been contacted to correct the inaccuracy.” Therefore, the audit reveals that officials at TCEQ failed to alert Fort Worth officials and the media of the updated data from the subsequent tests.

On April 30, 2010, I was briefed in my Lewisville office by TCEQ officials who oversaw the aforementioned testing. The briefing covered air quality issues relating to urban drilling in my Congressional district, but information on the discrepancies with the air quality testing data was withheld from me, just as it was withheld from other local officials.

There are questions that TCEQ simply must answer, and the public is right to demand accountability. 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.

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. I respectfully request that you consider my concerns outlined above during your review of this agency. 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. Texans must be able to rely on their state agencies to fulfill their responsibilities, in this case, ensuring the safety and wellbeing of the state’s residents.

The goal of your Commission’s review is to make our state’s agencies more effective and efficient, and I share this goal. I am confident in the Sunset Advisory Commission’s ability to review the state’s agencies, and I believe the State of Texas is in the best position to regulate its own agencies. As you review TCEQ overall, I request that you look into this matter specifically and address the issues outlined above.

I understand the Commission has scheduled a public hearing on TCEQ for December 15 and 16, 2010. I plan on attending this session to discuss my concerns about the agency with you in-person. If you have additional questions or need further information, please contact me or James Decker on my staff at (202) 225-7772.

Sincerely,

Michael C. Burgess, M.D.
Member of Congress