Three Texas Border Counties Exceeded Soot Pollution Standards But Avoid Consequences

The Texas Tribune recently revealed 12 Texas counties that have recently exceeded federal air quality standards for particulate matter, also known as soot. Three of them are heavily Latino-populated border communities.

The 'Deadliest' Form of Air Pollution

"If you inhale [soot], it enters your body and can cause severe health impacts," Jennifer Hadayia, executive director of the environmental nonprofit Air Alliance Houston, told the Latin Times. "It is invisible to the eye but very detrimental." Many scientists and environmental advocates describe soot as the deadliest form of air pollution.

No Consequences for Exceeded Standards

Based on air quality data from 2021-23, Webb County, Hidalgo County, and Cameron County exceeded soot pollution standards. However, the three border counties will avoid consequences as the Texas Commission on Environmental Quality (TCEQ) cited "exceptional events" as the reason behind their high soot contamination levels.

Exceptional Events Described

On the agency's website, exceptional events are defined as "unusual or naturally occurring events that affect air quality and are not reasonably controllable or preventable." Examples of exceptional events include natural disasters, wildfires, dust storms, volcanic activity, or human activities that are unlikely to recur regularly and significantly impact air quality.

Cameron County leads the state in soot contamination, second only to Harris County, which includes Houston. Harris is home to the largest concentration of oil refineries and petrochemical plants in the country. Its population is more than 10 times larger than that of Cameron County, per Census data. Additionally, Harris County has a larger land area of approximately 1,707 square miles compared to Cameron County, which has a land area of about 891.7 square miles.

According to TCEQ, soot contamination cannot be properly addressed in the border community due to its location, hence the lack of consequences. The agency excused its results, citing international emissions coming from Mexico and Central America.
Webb and Hidalgo counties were similarly excused from consequences by the TCEQ using the exceptional events rule.

Critics Question Exceptional Event Rule

Experts interviewed by the Texas Tribune criticized TCEQ's use of exceptional events, claiming the agency uses them to avoid stricter regulations in counties that surpass air contamination levels. Air Alliance Houston suggests certain wildfires and dust storms should not count as exceptional events, due to their annually recurring nature.

While TCEQ claims its use of exceptional events is in accordance with federal regulations, advocates criticize these same regulations and the state's soot monitoring efforts. Only 54 out of the state's 215 air monitoring sites measure soot, meaning more counties could be experiencing high levels of the dangerous air contaminant without being aware of it.

According to environmental reporter Alejandra Martinez, when TCEQ flags a county with a nonattainment designation, stricter controls on pollution sources are demanded. The state also has to get involved in the development of plans for achieving compliance. Doing so comes with a high price tag for industries and local governments, per Martinez.

In total, 12 Texas counties exceeded federal air quality standards for soot during the 2021-23 period (including Webb, Hidalgo, and Cameron). Out of these 12 counties, only four (Dallas, Harris, Tarrant, and Bowie) were declared out of attainment and may face consequences.