Behind-the-scenes, many factors are driving the action between the City of Frisco and the owners of the Exide lead smelter that sits in the middle of town. We can only speculate for now. Meanwhile, let's look at some pressure points that entered the public record this last week on a collision course, and make the smelter's exit seem inevitable, no matter how much the state tries to stave it off. On Wednesday, for the first time in 20 years, the federal government lowered the recommended limit for lead exposure in young children, where it can often do the most harm. And it wasn't just decreased by the Centers for Disease Control  - it was slashed by 50%, from 10 micrograms of lead per deciliter of blood to 5. If those sound like tiny amounts, that's because they are. But the bad news is that the overwhelming consensus of environmental health specialists is that numbers even below this amount are doing cognitive and behavioral harm to children. Even the CDC itself states that there is no known safe level of lead exposure. Not that any amount will do harm necessarily, but that any exposure is statistically capable of doing harm based on the field studies coming in. CDC estimates there are 450,000 kids nationwide that don't meet the new standard for a poison that will not honor it. We don't know how many children in Frisco fall into this category, but we do know, thanks to Dr. Howard Mielke of Tulane University, that the children the state health services agency tested for blood lead showed that 1.6 times more kids living in Frisco had blood lead levels above 2 micrograms per deciliter compared to the state as a whole - 60% above the norm. Meanwhile, new monitoring results from around the Exide smelter show that it failed for a second month in a row to obtain the new federal standard for lead particles in air of .15 micrograms (Look under "Monitoring Data" and download). In March the three month rolling average for March was.19 and .22 for April. This would mean more if TCEQ had not granted a 13 month free pass to break the standard instead of enforcing a deadline in November of this year. Did we mention that the new air-lead standard is of course based on the science behind the old blood lead level of 10 micrograms per deciliter, and therefore instantly obsolete even before Exide has to comply with it? The regulations are forever chasing the science. It might take another 4 to 10 years to lower the lead-air standard. And then more research will show even more subtle effects of lead at lower levels of exposure and so on. People who live around facilities like Exide can never win. And sooner or later, Exide lawyers or its insurance companies will be explaining why its a really bad idea to keep operating a lead smelter in a densely populated area that includes gated communities where people can spend a lot of money on attorneys themselves. We hear that things are proceeding apace in some kind of "peace with honor" resolution to this train wreck between the city and he company. Surely this last week's news can't help but spur those discussions.   Read More

(Cross-posted from the Dallas Resident at Risk website) The last time the Dallas Gas Drilling Task Force met in February, they voted on recommendations so bad—like fracking inside city parklands and within 500 feet of neighborhoods—they actually needed police protection during the deliberations. As the Task Force finally presented those recommendations to Mayor Rawlings and the City Council today, the only thing that changed was the crowd: What had been a small handful of activists became a filled-to-capacity hearing room with more people lined up outside than sitting down inside. Several organizers were forcibly removed yet again as they vocalized their disagreement with the idea that drilling all along the Trinity River floodplain and even inside the levees is somehow “safe and reasonable.” As it turns out, stating the obvious can get you kicked out of City Hall very quickly.Lots of coverage! CBS - NBC – KERA – Dallas Morning News – Dallas ObserverTo their credit, several City Council members pushed back against the worst proposals and even started using some independent thought to come up with better ideas in a few minutes than the Task Force had conceived of in 8 months. Unfortunately, some of the other Council Members fantasized about drilling royalties replacing billions of dollars of tax revenue and improving quality of life in Dallas—as if you can just go out and buy that at the mall. Some seemed convinced that fracking is perfectly safe and that it is going to be allowed in Dallas, regardless of what the pesky residents want. But neighborhood groups representing close to 180 homeowners associations all over the city have endorsed our “five protections” position. The gas-masked protesters were the lead story on the 6 o’clock news tonight. Democracy is on the march, and the police can’t evict us from the streets.Mayor Rawlings announced that there will be two more briefings before the City Council takes any votes, so we’ll see you all at City Hall again in the near future. You’ll get the schedule as soon as we do. Stay tuned for more interruptions of your normally scheduled programming.  Read More

Example Number Too Many to Count of why you just can't trust the Texas Commission on Environmental Quality to be the watchdog they're supposed to be. Last year the state agency awarded a permit to the $3 billion Las Brisas coal-fired power plant in Corpus Christi last year over the objections of the EPA, AND two of its own Administrative Law Judges. When that happened, the Sierra Club and Environmental Defense sued. Yesterday they won when a District Court Judge issued a ruling that will send the plant back to TCEQ for an new air quality review. "Here, the worst-case scenarios factually and legally were not modeled,"   the Judge wrote.The opinion letter concludes by stating that the ruling may require an additional hearing or briefing to determine whether a permit reversal, or reversal and remand is appropriate. It's not surprising the TCEQ gave the plant a permit. They'll give a permit to just about anyone or thing that asks for it. But they usually don't get slapped down for it these days. Good for Sierra and EDF to call them out and win.   Read More

For your consideration on the eve of the beginning of the Dallas City Council efforts to rewrite the Dallas gas drilling ordinance: Your local NPR affiliate decided to return to being a Public Broadcasting station for an entire hour on Monday when KERA-FM held a little mini-debate in its studios between Council member Scott Griggs, the Ft. Worth League of Neighborhoods president Libby Willis, and industry rep David Biegler. Griggs had a good time with Biegler while Willis was the Ft. Worth Cassandra warning Dallas what it was about to step into. Please go check it out and encourage KERA to do more public affairs shows like this. Next comes a national NPR story on fracking that also ran on Monday and tells the story of downwind residents and their doctors in Pennsylvania who are attributing familiar illness and ailments to the introduction of fracking: "And all of a sudden your tongue gets this metal taste on it. And it feels like it's enlarging, and it just feels like you're not getting enough air in, because your throat gets real 'burn-y.' And the next thing I know, I ... passed out."  Finally, a fascinating Dallas Observer interview with a Manager of Trinity East Drilling who promises Dallas "billions" in gas reserve money and no harm to scary-looking parkland that's sitting in the useless floodplain anyway. Absorb all this and be prepared for a pop quiz tomorrow at 1 pm at 6ES at City  Hall when gas drilling Task Force Chair Lois Finkelman officially hands over her recommendations to the Council and debate begins. We're told this is just the first of what will be multiple briefings on the issue with a timeline for a vote happening before they Council goes on summer break around July 4th.   Read More

Instead of enforcing a November 1st, 2012 deadline for lower levels of lead pollution, the Texas Commission on Environmental Quality will allow the Exide lead smelter in Frisco to violate the more protective air quality standard until January 6^th 2014 as part of a plan for the facility the state agency is submitting to EPA later this month. The decision is a reversal of policy in place as recently as last summer, and came with no opportunity for public hearing. It also makes it clear that TCEQ is siding with Exide in its on-going battle over zoning regulations with the city of Frisco. In pushing back the compliance date, the TCEQ specifically noted Exide's lack of building permits from the City of Frisco, an unresolved zoning battle that might have kept the smelter from meeting the November 1^st deadline, and eventually forcing its closure. In giving the extension at the last minute, the state is allowing the smelter regulatory breathing room it didn't have before.  Frisco Unleaded, the residents group devoted to closing the 50-year old smelter that Downwinders is sponsoring is calling for its supporters to be at Tuesday's city council meeting to demand City Hall protest the extension and help persuade EPA not to endorse it. Once the new deadline passes, Exide will still be getting a break. Despite assurances from Frisco's Mayor and City Council that the smelter's new permit would be "first class" or they wouldn't support it, the TCEQ will also allow Exide to spew ten times as much lead as a similar Exide smelter operating in Vernon, Californianot require that Exide spend money to install pollution control equipment could reduce emissions from 1-3 tons to 1-3 pounds of lead a year because it's "unnecessary" to meet the new standard. According to Jim Schermbeck of local clean air group Downwinders at Risk, "The TCEQ is telling Frisco residents that the "first class" controls they want are too good for them; that they're too effective at getting rid of lead, a poison we know is capable of doing harm at any level of exposure. These controls work. TCEQ just doesn't think Frisco residents are worth the cost." Released late last Friday, the TCEQ plan, called a State Implementation Plan, or SIP, will be voted on by the agency's three Commissioners at their May 30^th meeting. EPA will then have six months to accept, modify or reject the plan. Green noted thatFrisco Unleaded is calling on residents to let their city council members they don't want Exide to get any extra time to further pollute their city. Tuesday's council meeting is the last one scheduled before the TCEQ vote on May 30^th. Schermbeck said the law states that Exide must comply with the new standard "as expeditiously as practicable," and no later than the end of 2015. "This extension is the opposite of that language. It delays the implementation of the standard, and does so by taking sides in a local zoning fight the TCEQ has no business in. For a state government that likes to exalt the virtues of local control, it just did a pretty good job of undermining Frisco's."   Read More

One of the reasons Dallas Residents at Risk has made full disclosure of fracking chemicals one of its five basic protections to be included in Big D's new gas drilling is because the Texas law passed last year by the legislature is so inadequate. Besides allowing for "trade secrets" that mean there's no real disclosure, the law doesn't even allow physicians or first-responders to know what's behind those trade secrets before they respond to an emergency situation involving them. Now we know that the law is so industry-friendly that Exxon and its gas drilling subsidiary XTO sponsored it as a nationwide model within the notorious American Legislative Exchange Council which received a lot of publicity over its controversial "Stand Your Ground" legislation.   Read More

You may not know the name of the chemical, but you know it by smell. "Rotten eggs" is the olfactory indication you're being exposed to Hydrogen Sulfide. There's a reason it smells like that. Biological sources can emit it. Certain bacteria produce hydrogen sulfide as they decompose waste - like rotten eggs. It also occurs in geothermal situations. Hot water, steam and magma from inside the Earth carry heat, minerals and gases – like Hydrogen Sulfide – to the surface, liberating them in springs, geysers and volcanic lava. If you've ever been to Yellowstone, you know the smell. Industrial sources of hydrogen sulfide include oil and gas drilling, refineries, paper mills, large scale livestock production, waste water treatment and landfills. At high levels of exposure, Hydrogen Sulfide is linked with serious neurologic damage – including death. Lower levels can trigger eye irritation, fatigue and headaches...and asthma according to a new three-year study out of Iceland. Measuring levels of Hydrogen Sulfide near major intersections and power plants in the capital city of Reykjavik that turn geothermal energy into electricity and heating steam, researchers found a weak but constant association between the pollutant and asthma medication rates. It's one of the first studies to find respiratory ailments at low levels of Hydrogen Sulfide - much like you'd find in the Barnett Shale or any gas or oil patch. The fact that oil drilling has been around for over a century, and yet only now are we actually studying what happens when people are exposed ti it at exposure levels found in real life, tells you all you need to know about the risks of allowing drilling so close to people.   Read More

Frisco Unleaded's meet and greet turned into an impromptu town hall with Mayor Maso, at least two council members and City Manager George Purefoy showing up and fielding questions from a sometimes skeptical, sometimes supportive crowd of 50 or so residents who turned out to get an update on the fight over the Exide lead smelter. The official topic was the city's start and stop amortization efforts that began with a January vote by the Council to send the matter to the city's Board of Adjustment, then seemingly stalled, and then got jump-started by Frisco Unleaded's massive mailing to residents around Earth Day that prompted the city to announce a June 18th public hearing date. Local municipal attorney Jim Schnurr gave a presentation on the amortization process and how citizens should prepare for the June hearing. He also mapped out a strategy to plug any holes in the city's amortization case against Exide between now and June. But the discussion turned to other ways to get Exide out when Council Members Pat Fallon and Bob Allen spoke about the city's position. Although circumspect, from the language the councilmen were using, it seems the City is indeed exploring an aggressive "buy-out" of the lead smelter using a combination of bond money and economic development funding that would result in Exide ceasing operations within the next 12-24 months. That would probably be sooner than an amortization proceeding could close the smelter because of the length of time to hear appeals. But it would also cost more. With the rumor that the state and EPA have found a lot more hazardous wastes illegally buried at Exide, the expense of clean-up are still unknown but they're not going down. Purefoy did say that residents should see something happen within the next 60-90 days. The message residents sent the council on Monday night was that it was past due for a definitive resolution to get Exide out, and that they want all means of doing that aggressively pursued. If you're a Frisco resident, it's very important to keep the pressure on and show up on June 18th at the Board of Adjustment hearing and testify why you believe Exide's operations are a public nuisance to your health and/or property. This time last year the City of Frisco was negotiating with Exide over the conditions under which it would remain open. Now, it's haggling with citizens over which mechanisms to use to close it. That's progress and that's happened because of a determined group of people in Frisco Unleaded who haven't taken no for an answer. Stay tuned.   Read More

It's sure going to be crowded between the levees of the Trinity River in Dallas in a couple of years, what with the tollroads, and parks, and solar-powered water taxis. And they'll all have to dodge the new gas rigs, tanks, pipelines, separators, compressors and processing stations if gas operators get their way. A new map direct from Dallas City Hall staff shows practically the entire Trinity River bottoms from extreme Northwest Dallas to Downtown leased to just one fracking company, Trinity East. Look at a copy of the map accompanying this post. All that area in green with black stripes running through it has been leased for gas drilling purposes. Dallas Council member Scott Griggs asked city staff to start preparing maps of where all the city owned gas leases were located. This is the first. It was released to the press with the help of Dallas Residents at Risk, who produced their own map of gas leases on city land back in February (Channel 8 News coverage here; Channel 4 here) In addition to the whole of the river bottoms, the map also shows two pieces of park land in Northwest Dallas leased for gas drilling - the Crown Point baseball and soccer field complex and the proposed Elm Fork Soccer Complex. And all this is in addition to the LB Houston Golf Course lease site where the city is considering drilling next ti the park's golf course. This map is just the latest piece of evidence that Dallas hasn't really leaned anything from its past neglect and abuse of the Trinity River. When push comes to shove, it's still a dumping ground for the Powers That Be. To paraphrase the proponents only slightly, "It's already where we put landfills, so let's just keep putting crappy stuff by the River." Status Quo in 1964, even 1974 but unbelievable in 2012. The final round in this two year old fight to write a new gas drilling ordinance for Dallas begins at 9 am on May 16th at Dallas City Hall in the City Council Chambers when the Mayor and Council will officially receive the gas drilling task force recommendations and discuss where to go from here. We know it's a workday, but we must show strong public support for the most protective regulations we can get. We must send a message that even the Dallas City Council can't ignore.   Read More

"How often have you sat in a public meeting with a government representative at the front of the room responding to questions from the public with answers that make no sense? Maybe his answers are legally accurate (that is, they are doing what is required by law), but are they following the spirit of the law in involving members of the public in the decision-making process? Rarely does government engage the public as an equally or even as a partner. Have you ever wondered why it always seems to be this way? Have you ever asked why does the government do things the way it does?" We have a feeling a lot of you will be able to relate to that opening sentence of the Center for Health, Environment and Justice's review of retired EPA employee William Sanjour's new piece on how to reform environmental and public health agencies so that they, you know, actually protect the environment and public health. Sanjour, who retired in 2001 after a 30-year stint with the Agency helping to write regulations, provides the valuable point of view of the insider. His suggestions are not what you might think. They are neither typically left or right. He wants to break EPA's authority up and give it less responsibility while increasing the involvement of citizens in enforcement. These are Sanjour's four basic remedies: 1) Agencies which enforce regulations should not write the regulations. 2) The revolving door should be shut. 3) Whistle blowers should be protected, encouraged and rewarded. 4) To the greatest extent feasible, those who the regulations are intended to protect should participate in writing and enforcing the regulations. Anyone who's been frustrated with the lack of action from either the EPA or TCEQ will appreciate his Belly-of-the-Beast perspective. If you think there's no sane way to go about regulating polluters and pollution, you really should read both Sanjour's diagnosis, and his prescription.  Read More