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I am writing to express my strong support for mitigating the current and future pollution generated by the Fayette Power Project (FPP), which is coowned by Austin Energy and the Lower Colorado River Authority (LCRA). With the city of Austin actively negotiating an exit from the project by January 2029, we are currently within a critical regulatory window to demand accountability and updated environmental assessments before ownership potentially consolidates. It is incumbent on our elected officials to get control of this now and not kick the can down the road any further; 70 years of polluting is enough.
The evidence necessary for immediate action is clear. Despite the installation of scrubbers, the plant remains a massive carbon source, emitting over 8.5 million tons of CO2 in 2024. Furthermore, data indicates significant groundwater contamination, with unsafe levels of arsenic, cobalt, manganese, and sulfate detected in nearby monitoring wells. Independent reports suggest that contaminants are actively leaching into the water table, as evidenced by higher sulfate levels measured downstream compared to upstream.
To address these concerns and establish a necessary 2026 benchmark, I propose a comprehensive plan focused on verification and formal advocacy. We must move beyond self-reported data by accessing federal compliance history through the EPA ECHO database, monitoring state air quality via the TCEQ GeoTAM Viewer, and commissioning independent water testing from NELAP-accredited labs to prove active contamination in Cedar Creek and the Colorado River. Additionally, we should monitor the TCEQ Commissioners’ Agenda for permit renewals to submit formal comments citing Texas “anti-degradation” water quality standards. Finally, I recommend petitioning EPA Region 6 to intervene, arguing that the state has failed to adequately enforce the Coal Ash and Regional Haze Rules.
By forcing a full accounting of environmental liabilities now, we can ensure that neither the LCRA nor the City of Austin vacates their responsibilities without committing to a comprehensive cleanup.
How to Benchmark & Verify; To verify the “current extent” for future comparison, you must gather data from three distinct layers. Do not rely solely on LCRA self-reporting.
1. Federal Compliance History: Access the EPA ECHO (Enforcement and Compliance History Online) database. Search for “Fayette Power Project” to download the last 3 years of Detailed Facility Reports (DFR). Look specifically for “Significant Non-Compliance” (SNC) flags in the Clean Water Act section.
2. State Air Monitoring: Use the TCEQ GeoTAM Viewer. This GIS tool allows you to locate air quality monitors near La Grange. Download hourly data for PM2.5 and Ozone to establish a baseline that can be compared against future spikes.
3. Independent Water Testing: To prove active contamination, you need a “differential” test. Hire a NELAP-accredited lab (e.g., Aqua-Tech, SPL Environmental) to test surface water samples from Cedar Creek and the Colorado River at two points: one immediately upstream of the plant and one immediately downstream. Test for: Arsenic, Boron, Cobalt, and Lithium.
Action Plan: Filing the Case Step 1 Gather the 2025 Dataset Compile the 2024 emission stats (Source 1) and the groundwater exceedance reports from the Environmental Integrity Project (EIP). Secure your independent upstream/ downstream water sample results.
Step 2 Submit Formal Comments Monitor the TCEQ Commissioners’ Agenda for any permit renewals or amendments regarding FPP. Submit your data as a formal comment, specifically citing the “antidegradation” policy of the Texas Surface Water Quality Standards.
Step 3 Petition the EPA Region 6 file a citizen complaint or petition with EPA Region 6, arguing that the state (TCEQ) has failed to enforce the Regional Haze Rule or Coal Ash Rule, using the Sierra Club’s ongoing litigation as a precedent.
How can our State and Federal elected officials care so little for our health and the right to clean water or our precious Colorado River?
Jerry Moerbe
Nelsonville
