Houston Ship Channel residents warn they intend to sue the EPA over Valero refinery
David J. Phillip/APHomes are seen with the Valero Houston Refinery in the background.Residents of communities along the Houston Ship Channel have warned the U.S. Environmental Protection Agency that they intend to sue to force it to take over the permitting of Houston's Valero refinery. The outcome of the legal fight could affect the health of tens of thousands of people. Lawyers representing the residents said the EPA delegated responsibility for overseeing the Valero refinery, under Title V of the Clean Air Act, to the Texas Commission on Environmental Quality. The plaintiffs filed a complaint with the EPA in 2021, saying the TCEQ had failed to hold the refinery to federal air quality standards and asking the federal agency to take over the Title V permitting process. The EPA granted the plaintiffs' petition the following year but took no further action. "We are now giving EPA notice that it's time for them to take over this permit, as is within its regulatory authority," said Amy Dinn, litigation director of the environmental justice team at Lone Star Legal Aid. More than 85,000 people live within a three-mile radius of the Valero refinery, most of them people of color and many of them below the federal poverty level. The region has abnormally high rates of cancer and other severe health issues. "This facility often skirts regulations," said Rodrigo Cantù, a senior attorney with the Gulf regional office of Earthjustice. "It's the only major refinery within the Houston city limits. It's right next to an overburdened, vulnerable community, an environmental justice community. And for that reason, it's one that we intend on keeping our eyes on." The EPA has until February 25, 2025, to respond, either by taking over the permitting process for the refinery or by contesting the suit.
The plaintiffs argue the Texas Commission on Environmental Quality has failed to hold the refinery to federal Clean Air Act standards. They're demanding the EPA take over the facility's permitting process.

David J. Phillip/AP
Residents of communities along the Houston Ship Channel have warned the U.S. Environmental Protection Agency that they intend to sue to force it to take over the permitting of Houston's Valero refinery. The outcome of the legal fight could affect the health of tens of thousands of people.
Lawyers representing the residents said the EPA delegated responsibility for overseeing the Valero refinery, under Title V of the Clean Air Act, to the Texas Commission on Environmental Quality. The plaintiffs filed a complaint with the EPA in 2021, saying the TCEQ had failed to hold the refinery to federal air quality standards and asking the federal agency to take over the Title V permitting process. The EPA granted the plaintiffs' petition the following year but took no further action.
"We are now giving EPA notice that it's time for them to take over this permit, as is within its regulatory authority," said Amy Dinn, litigation director of the environmental justice team at Lone Star Legal Aid.
More than 85,000 people live within a three-mile radius of the Valero refinery, most of them people of color and many of them below the federal poverty level. The region has abnormally high rates of cancer and other severe health issues.
"This facility often skirts regulations," said Rodrigo Cantù, a senior attorney with the Gulf regional office of Earthjustice. "It's the only major refinery within the Houston city limits. It's right next to an overburdened, vulnerable community, an environmental justice community. And for that reason, it's one that we intend on keeping our eyes on."
The EPA has until February 25, 2025, to respond, either by taking over the permitting process for the refinery or by contesting the suit.