According to the Texas Commission on Environmental Quality's 2006 State Emissions Inventory data for the Dallas/Ft. Worth region, nearly 50 percent of all the air pollution from industrial sources is produced by three cement plants: TXI, Holcim, and Ash Grove. All are located in Midlothian, about 30 miles southwest of downtown Dallas.

To generate the huge amount of heat required to make cement, the plants burn a variety of materials in ten large industrial kilns, including oil and oil filters, hazardous waste, and coal. EPA reports indicate that, when incinerated, these substances emit over 130 toxins into the air, such as sulfuric acid, soot, CO2, mercury, benzene, chromium, and lead.

The first kiln began operating in Midlothian in1960. Seven of the ten kilns are outdated "wet kilns," which require more water and fuel and create more pollution than newer, dry-process kilns.

"They were essentially overlooked for a long time as a source of pollution," said Jim Schermbeck of Downwinders at Risk, a watchdog group. The EPA had historically focused on other types of plants such as refineries, steel plants, and power plants. Now that CO2's role in global warming is better understood, the EPA is more aggressively scrutinizing major CO2 emitters, such as cement plants.

"Texas has always had a rather permissive attitude towards industry. TCEQ is basically an extension of Rick Perry's personality... He has a very laissez-faire attitude about giving out permits," said Schermbeck. "The EPA is finally calling them on it."

In September, TXI, the largest of the three plants, submitted an application (for the second time) for a permit that would allow the plant to burn nearly 146 million pounds of tires per year. TXI withdrew the application after an EPA review indicated the permit would be in violation of the Clean Air Act. If the tires had been incinerated, they would have emitted higher levels of nitrogen oxide and sulfur dioxide than is permitted by federal law.

In a September press release, the EPA "proposed to disapprove key aspects of the Texas clean-air permitting program that do not meet federal Clean Air Act requirements followed by other states."

"Plans are already underway to bring together state regulatory officials, industry representatives and community leaders to find ways to address concerns with the air permitting program. Texas' air permitting program should be transparent and understandable to the communities we serve, protective of air quality, and establish clear and consistent requirements," said Acting Regional Administrator Lawrence Starfield. "These notices make clear our view that significant changes are necessary for compliance with the Clean Air Act."

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