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    Clean Air

    Environmental group takes on Dallas smog with high-tech gadgets

    Teresa Gubbins
    Apr 21, 2017 | 11:45 am
    Calatrava Margaret McDermott bridge
    City of Dallas on a non-smoggy night.
    Courtesy photo

    Dallas environmental group Downwinders at Risk is committed to clean air and is taking matters into its own hands. The group has purchased two ozone monitors, to the tune of nearly $10,000, and will initiate a citizen-based monitoring campaign in Wise County, an area where state officials refuse to measure DFW smog.

    The new toys will be on display at Earth Day Texas, happening April 21-23 at Fair Park, where they will be featured at the group's information booth. Downwinders chair Tamera Bounds says that the technology is brand new.

    "With the purchase of these brand-new high-tech monitors, which reached the market only a few months ago, we become the first group in Texas to have the capability to go out in the field and do the job the State of Texas isn't willing to do," she says.

    The monitor fits in the palm of your hand, and comes with EPA-certified calibration to ensure reliable readings.

    The Downwinders group is focused on Wise County because computer models show that it has some of the highest smog levels in North Texas. It's the home of fracking and has major oil and gas exploration, as well as many commuters coming into DFW. And yet it has no monitor, says Downwinders director Jim Schermbeck.

    "The Environmental Protection Agency leaves it up to the state to decide where to put monitors," Schermbeck says. "We've lived with the same number of monitors for a very long time. People are always shocked when we show them the map of where the monitors are located. We have 7 million people in the area and yet we have about 10-12 monitors."

    Currently, the Texas Commission on Environmental Quality (TCEQ) picks the sites where smog monitors are located. Denton's airport monitor has recorded the highest levels of smog in the DFW area the last few years. But because of wind direction and its large number of pollution sources, computer models predict even higher levels of smog in Wise County.

    Monitoring smog levels is important because that's how the government determines the size and scope of clean air plans. The higher the smog levels, the more cuts in pollution from coal plants, cement kilns, and gas industry facilities are required to comply with the Clean Air Act.

    TCEQ spokesman Brian McGovern says that the state follows federal standards.

    "The TCEQ’s monitors are sited in accordance with federal requirements and strategically located to meet specific federally required monitoring objectives," McGovern says.

    The Downwinders folks believe that the TCEQ doesn’t want a smog monitor in Wise County precisely because it’d record even higher levels of the pollution than current monitors are picking up and trigger regulatory requirements to make bigger cuts.

    "In particular, the county commissioners don't want these things as part of a mindset that what they don't know doesn't hurt them," Schermbeck says.

    Bounds says that our area has been in continual violation of the Clean Air Act since 1991.

    "Because TCEQ’s priority is to protect a handful of industrial polluters at the expense of 7 million DFW residents, we’re getting clean air plans based on one, rosier set of numbers, while the actual pollution levels are probably higher," she says.

    The two monitors, along with others that the group intends to buy, will be used both in stand-alone stationary locations within the County and by vehicle and drone-based platforms. They can be adapted to provide wireless connections and be plugged in to larger networks of citizen-based monitors — something already being designed by a consortium of local universities, municipalities, and citizen groups co-founded by Downwinders.

    On "high ozone days," Downwinders will scramble a crew of citizen scientists to record ozone levels in Wise County and compare their results to those from other DFW monitors.

    Besides giving the public and policymakers a more realistic view of DFW smog levels, Downwinders hopes to put pressure on the EPA and the State to place one or more official ozone monitors in Wise County. Schermbeck says the group's efforts at identifying patterns or hot spots in the County would help clean air advocates find the best place to put such a monitor.

    "We're screwing 14 million lungs," Schermbeck says. "That's 7 million people, 14 million lungs."

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    news/city-life

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    Hemp news

    Texas cannabis businesses sue state to block ban on smokeable hemp

    Associated Press
    Apr 10, 2026 | 9:17 am
    Hemp plant
    Photo by CRYSTALWEED cannabis on Unsplash
    Texas is cracking down on smokeable hemp.

    Texas hemp industry leaders and advocacy groups have sued the state to block new regulations that eliminate natural smokeable hemp products and increase licensing fees.

    The Texas Hemp Business Council, Hemp Industry & Farmers of America, and several Texas-based dispensaries and manufacturers filed for a temporary restraining order in state district court in Travis County against the Texas Department of State Health Services and the Texas Health and Human Services Commission on Tuesday, April 6. They argue that the agencies have overstepped their constitutional authority by rewriting the statutory definitions of hemp established by lawmakers in 2019.

    “Under current Texas law, hemp is defined by its delta-9 THC concentration of not more than 0.3 percent,” said David Sergi, an attorney for the hemp coalition, in a press release. “These Texas officials and state agencies are clearly attempting to create new law in direct contradiction to what the Texas legislature intended.”

    The background
    Even though Texas law bans marijuana, lawmakers legalized hemp in 2019. State law defines hemp as containing less than 0.3 percent levels of intoxicating Delta-9 THC.

    To get around the law’s Delta-9 THC restrictions, manufacturers started cultivating hemp plants with another type of THC, called THCA, that, when ignited in a joint or smokeable product, can produce a high. Many lawmakers have said this legal loophole has allowed a recreational THC market to appear overnight without direct approval from the state.

    Last year, the Texas Legislature voted to ban the products out of fear that these intoxicating products were consistently getting into the hands of children. But, Gov. Greg Abbott vetoed the decision last summer, before asking the Texas Alcoholic Beverage Commission and DSHS to increase regulations on the industry instead.

    The Texas Department of State Health Services released regulations on consumable hemp-derived THC products that went into effect on March 31. These new regulations include child-resistant packaging, a significant increase in licensing fees, new labeling, testing, and bookkeeping requirements. The rules also codify the legal purchasing age to 21, which went into effect last year as an emergency directive.

    Why the hemp industry sued
    Also under the new rules, laboratories tests now measure the total amount of any THC in a product. If the THC levels exceed the 0.3 percent threshold, even if it’s only activated upon being smoked, the product will be noncompliant under state regulations. As a result, some of the most popular hemp products, like THCA flower and pre-rolled joints, have been banned.

    Hemp businesses caught selling noncompliant products face a range of penalties and fines, including license revocation and up to $10,000 in violation fees for each day these products were sold in stores.

    “An administrative agency may not substitute its own policy judgment for the outcome produced by the constitutional lawmaking process,” the lawsuit states. “The Texas Constitution vests legislative power in the Legislature, not administrative agencies.”

    Retailers cannot sell hemp to out-of-state customers either.

    The rules also increase licensing fees for manufacturers of hemp-derived THC from $258 to $10,000 per facility and retail registrations from $155 to $5,000, which industry leaders say will fulfill the ban by forcing businesses to close. The hemp business community’s lawsuit is not challenging the other new regulations, including the age verification or ones they say protect consumers.

    “Texas hemp businesses wholeheartedly support those regulations, as they fall within the agency’s authority,” said Sergi. “We are seeking to halt rules that would effectively end the in-state production of hemp and the sale of hemp products — items the Legislature chose not to ban during recent legislative and special sessions.”

    What the state says
    Concerns about the safety of these high-THC products among youth led lawmakers to attempt to ban hemp-derived THC products outright last year. While the overall ban didn’t succeed, lawmakers successfully banned vape pens containing THC and other hemp-derived intoxicating chemicals.

    Data provided from the Texas Poison Center Network confirms a sharp increase in cannabis-related poisoning calls starting in 2019, a year after hemp-derived THC was legalized by the federal government, from 923 to a 10-year high of 2,592 in 2024. Calls climbed to 2,669 last year. The majority of these calls involve suspected poisoning of children under the age of five and teenagers.

    Drug policy experts said these numbers seem alarming, but it is natural for poisoning calls to increase when a drug has become legalized, and the data needs additional context before making conclusions from it.

    Jennifer Ruffcorn, spokesperson for HHSC, directed questions about the lawsuit and what it means for the new hemp regulations to DSHS.

    Lara Anton, spokesperson for DSHS, declined to comment on pending litigation.

    What’s next
    The hemp industry’s battle to stay alive in Texas started back in 2021 when the state health agency classified any amount of a natural intoxicating hemp compound called delta-8 THC as illegal. The hemp industry sued the state over its ban on delta-8 and the Texas Supreme Court is expected to consider the case this year.

    The delta-8 lawsuit will have an impact on the outcome of the most recent lawsuit over the smokeable hemp ban because both lawsuits challenge the authority of a state health agency to make changes to the market without approval from lawmakers or the public.

    ---

    This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.

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