Air pollution is prevalent in Texas, and its escalating levels raise concerns over health risks. The trend is attributed to the oil and gas industry, whose facilities are spread throughout the state. About a third of the United States' oil, wells, and processing infrastructure is located in Texas.

The Texas Commission on Environmental Quality (TCEQ) regulates the activities of the gas and oil industry in Texas. Often, companies flout the regulations and emit millions of pounds of unauthorized air pollution occasioned by upsets or "emission events." These "upsets" can be caused by process malfunctions, operator errors, start-ups, maintenance, or start-up activities

Although upsets are supposed to be accidental, available data shows that these events are persistent. For example, 4,590 unauthorized events occurred from 267 companies in 2018 only. Petrochemical facilities in Texas are the leading emitters. 

Unauthorized pollution poses potential health risks to Texans by emitting millions of pounds of toxins each year. The mix of pollutants includes methane and carbon dioxide, which are renowned climate pollutants that cause ozone degradation. Unauthorized pollution also produces toxic pollutants such as benzene, a known carcinogenic substance. Ozone smog is also hazardous as it can cause acute bronchitis, asthma, and emphysema.

Studies show that at least 42 people die yearly in Texas due to unauthorized emissions, with a massive $241 million in costs regarding health-related issues. Gas and oil industry facilities are at every Texas corner, and over 2.3 million Texans live near these facilities. These air pollutants from the emissions affect Texans directly.

Despite the rise in unauthorized air pollution in Texas, enforcement has remained minimal. For example, in 2018, TCEQ penalized only 57 of 4,590 cases of unauthorized pollution. TCEQ says that companies dodge penalties using affirmative defense. Critics of TCEQ allege that the penalties of $25,000 per day are too low for big companies to pay. The enforcement body is accused of leniency in favoring a "politically powerful" industry at the expense of people's health.

The question for debate is, should the state of Texas raise fine amounts and adopt penalties to lower illegal air pollution?