Another Win for Your Lake of Air

Late Thursday night Downwinders at Risk, as part of the Dallas Residents at Risk alliance, won a victory that citizens weren't supposed to win.

Immediately after Thanksgiving, Dallas Mayor Mike Rawlings and City Manger Mary Suhm had plotted to speed the approval of the first gas drilling permit in Dallas. One left over from 2008 that would be exempt from the new drilling ordinance now in the works. One that included a compressor station and allowed for the drilling in city parks and flood plains.

City Hall believed it had greased the tracks with threats of gas company lawsuits and given the City Plan Commission no choice but to approve the permit.

Just to be sure, they scheduled the Plan Commission vote for December 20th, a time guaranteed to result in smaller crowds of opposition at City Hall.

But something happened to make things go a little off-script.

Responding to calls for help, enough Dallas residents showed up to articulately speak against the permit for more than an hour.

They represented hundreds of neighborhood groups, the environmental community and public interest organizations like the League of Women Voters. If the raw numbers didn't match earlier attendance, the people that did show up represented real constituencies numbering in the thousands.

When the vote was finally called at 7:30 pm Thursday evening, we won 7 to 5. The "grandfathered" gas drilling permit would not be approved by the Plan commission. To overturn this decision, the City Council must find 12 votes – a super majority – in favor of the permit at its mid-January meeting.

This was not the result Dallas City Hall was counting on the  Thursday night before Christmas. But thanks to supporters like you, it was the result that happened.

Just as we mobilized opposition to Midlothian cement plant pollution, and helped organize Frisco residents to close down an obsolete and dangerous lead smelter, Downwinders is drawing a line in the Shale in Dallas and leading a push back against irresponsible urban drilling. And, against very long odds, we're winning….again.

We do this to protect your lake of air.

You ingest an average of 200 gallons of water every year, or about five bathtubs' worth. But you inhale approximately two million gallons of air every year – your own small lake of air. 

In DFW, chances are your lake of air is going to have smog in it, along with some soot, some Sulfur Dioxide, Volatile Organic Compounds, as well as an assortment of other manufactured
contaminants.  

If your tap water was dirty brown and had lots of particles in it, you'd probably choose to drink bottled water. But when the air is dirty brown and has lots of particles in it, your lungs don't have a choice about the air they can use.

Downwinders at Risk is here for one reason and one reason only: to defend your lake of air

Whether your air is threatened by smelters, gas rigs, cement plants or too-common smog, we're working to clean it up. 

For our efforts, Downwinders was proud to receive the first-ever GreenSource DFW award for Outstanding Grassroots Group in 2012.

Looking ahead to 2013, your lake of air faces new threats, including worsening new permits by the Midlothian cement plants to burn large volumes of industrial garbage, and indiscriminate aerial spraying of pesticides by local governments.

Downwinders at Risk will fight these threats with the combination of good science and citizen activism that's made us the foremost clean air group in DFW.  But we need your help to do it. Our work depends on contributions from folks like you who appreciate what we do.

Our annual budget is usually only around $30-50,000. We do all the work we do with an amount of money larger groups spend annually on office furniture or travel.

We don't get money from a parent group in Washington or New York. Our board members are all from DFW. They're ordinary citizens like you, not rich patrons. Small donations make up a very large percentage of what we take in every year. We couldn't do what we do without you.

In the time it took you to read this message, you've inhaled a couple of more gallons of air. Don't you think it should be clean air?

You keep supporting us; we keep working for you – and surprising the opposition with victories that citizens in Texas just aren't supposed to be able to pull-off. 

That's our promise. Thanks for your consideration and
support.


  Director, Downwinders at Risk

Please click here to safely and securely donate online, or send checks to Downwinders at Risk, PO Box 763844, Dallas, TX 75376.  Your donation is greatly appreciated and will be wisely spent.  Thanks.

 

 

“Animals are the Sentinels”

In the late 1980's Sue Pope became concerned about her horses and cows. Her favorite Arabian was developing "heave" muscles on its torso that Pope's vet said was the result of the horse straining to breathe. Her cattle were acting strangely and not developing as they should. These problems seem to come out of the blue, for no obvious reason Pope could figure out. She also noticed that she and her family didn't feel the same either and wondered if what was affecting her animals was also affecting them. She spoke with her neighbors, some of whom were also noticing strange things among their stock and themselves. They didn't have any answers either. That's when Pope started to look for causes outside the gate of her small Midlothain ranch.

And that was the beginning of what eventually turned into Downwinders at Risk. Because of her own experience it has been Sue Pope's belief that more than expensive monitors or dubious risk assessment studies, "animals are the sentinels" for human health. They are literally the canary furtherest down the coal mine.

When the ATSDR decided to review the monitoring information from Midlothain for it's "health consultation" beginning almost ten years ago, they were in part drawn by the large file of documented cases of animals illness, disease and deformities. There's more than one animal stock breeder who has moved to Midlothian over the last 25 years expecting that elusive "fresh country air" to benefit their animals only to find them suffering weird symptons never experienced before in previous locations.

Animals are sentinels, especially livestock, because they don't go to school or work, but stay in the same place all day and night, they graze exclusivley on local  plants grown in the local soil. They drink the local surface and/or well water. Livestock have the most exposure and the most "exposure pathways" to whatever potentially harmful chemicals might be in the environment. If it's harming the animals, it's probaly harming people as well.

That's the context for a new article out in The Nation about animals gettign sick in the gas patch.

"Earlier this year, Michelle Bamberger, an Ithaca veterinarian, and Robert Oswald, a professor of molecular medicine at Cornell’s College of Veterinary Medicine, published the first (and, so far, only) peer-reviewed report to suggest a link between fracking and illness in food animals. The authors compiled case studies of twenty-four farmers in six shale-gas states whose livestock experienced neurological, reproductive and acute gastrointestinal problems. Exposed either accidentally or incidentally to fracking chemicals in the water or air, scores of animals have died. The death toll is insignificant when measured against the nation’s livestock population (some 97 million beef cattle go to market each year), but environmental advocates believe these animals constitute an early warning. 

Exposed animals “are making their way into the food system, and it’s very worrisome to us,” Bamberger says. “They live in areas that have tested positive for air, water and soil contamination. Some of these chemicals could appear in milk and meat products made from these animals.” 

In Louisiana, seventeen cows died after an hour’s exposure to spilled fracking fluid. (Most likely cause of death: respiratory failure.) In north central Pennsylvania, 140 cattle were exposed to fracking wastewater when an impoundment was breached. Approximately seventy cows died; the remainder produced eleven calves, of which only three survived. In western Pennsylvania, an overflowing waste pit sent fracking chemicals into a pond and a pasture where pregnant cows grazed: half their calves were born dead. The following year’s animal births were sexually skewed, with ten females and two males, instead of the usual 50-50 or 60-40 split. 

In addition to the cases documented by Bamberger, hair testing of sick cattle that grazed around well pads in New Mexico found petroleum residues in fifty-four of fifty-six animals. In North Dakota, wind-borne fly ash, which is used to solidify the waste from drilling holes and contains heavy metals, settled over a farm: one cow, which either inhaled or ingested the caustic dust, died, and a stock pond was contaminated with arsenic at double the accepted level for drinking water."

People used to ask Downwinders why we decided to take on air pollution from the gas industry. The reason is that all of the red flags we saw over the years in Midlothian are also being raised around gas facilities – individually and/or collectlively. Many of the same chemicals, many of the same health effects from those chemicals, and then the warning from the animals.

Better than TCEQ monitors. Better than out-of-date risk assessments. Animals are some of the best Guinea Pigs we have in the laboratory of chemicals we all swim in. If we would only listen. 

 

Red Alert for Dec 20th: Dallas Wants to Drill Like It’s 2009

This is a heads-up to all Dallas residents: Dallas City Hall – the building, the people, everything – has climbed into a time machine and traveled all the way back to 2010.

This has allowed the City council and staff to ignore citizen demands for a more protective gas drilling ordinance, the defeat of a council member who advocated drilling, the creation and conclusion of a task force for helping write a new ordinance, and a bunch of public hearings over the last two years – all so that Dallas City Hall can now just go ahead and do what the gas operators originally asked it to do at the beginning.

The first Special Use Permit request from a gas well operator to allow drilling in Dallas since 2010 will be on the agenda at the December 20th Dallas Plan Commission meeting at City Hall. It concerns a new request to drill by XTO (Exxon-Mobil) at the old Navel Air Station in southwest Dallas, near the Grand Prairie line, that was submitted on November 16th.

Time it's taken the City of Dallas to write a new drilling ordinance in Dallas: 24 months and counting

Time it took XTO to get its new drilling request heard despite not having that new ordinance yet: 20 days

You can read about the sudden jump into municipal action here behind the DMN paywall.

"XTO’s latest requests are apparently on a fast track, headed to the City Plan Commission….

A new, tougher Dallas drilling ordinance is in the works but has not been approved or even published for review, so the existing ordinance would govern the XTO applications, based on the city’s legal view that one set of rules should apply throughout the process."

Every Dallas City Council member appoints a representative to the City Plan Commission. Dallas residents should call their own City Council member (info here), or their Plan Commission appointee (download a list and contact info here) and tell them to reject this XTO request and any others that try to get processed before a new drilling ordinance is in place.

Here's the media release that Dallas Residents at Risk put out this morning about the sudden turn around:

Dallas Officials Consider Throwing Away Years of Work on New Gas Drilling Ordinance and Simply Let Fracking Begin

Have Mayor Rawlings and the Dallas City Council made a decision to move ahead with existing, pending and even new gas drilling applications without taking any action on the new “fracking” ordinance that has been in the works since 2010?

Two weeks ago, Exxon-owned gas company XTO filed a new gas drilling application—because their previous bid to drill at Hensley Field was denied by the Dallas City Plan Commission two years ago. Then the City Council appointed a special Gas Drilling Task Force, whose members met every week for eight months to consider proposals for a new ordinance. They finished their work in February of this year and issued their official recommendations, yet the City Council has not even begun drafting a new ordinance. The only rumored exception: City officials may consider simply changing the existing ordinance to allow fracking in floodplains, which would be necessary for gas company Trinity East to move ahead with its plans to drill in floodplain areas along the Trinity River. Neighborhood groups and environmental advocates say that’s unacceptable.

"This is the largest retreat of leadership that I can ever remember on such an important public health and environmental issue,” said Jim Schermbeck, Downwinders at Risk. “After three years of citizen complaints, a task force created, convened and concluded, expert and public testimony, and all Dallas residents get is a pair of shrugged shoulders from Mayor Rawlings and the Council? It's a bad joke."

There have been several major scientific studies surrounding the risks of fracking since Dallas officials began debating the new ordinance. Community leaders worry that new evidence pointing to health and safety risks for residents living near drilling sites will simply be ignored.

“So what if there's a 66% higher cancer risk within a half mile of a gas well; so what if already bad Dallas smog is made worse; so what if we still have no idea what chemicals will be used for fracking in Dallas,” said Claudia Meyer of the Mountain Creek Neighborhood Alliance. “It's as if the Mayor and Council are closing their eyes, plugging their ears, and desperately hoping to make all these new facts go away by just pretending they never happened.”

The new drilling applications leave Dallas officials exactly where they started, with the City Plan Commission being asked to shoulder the responsibility of deciding on whether to allow fracking to go forward. Advocates say the Commission should decline this offer and let the City Council do what it said it was going to do: Draft and pass a new gas drilling ordinance first.

“If we were only going to end up where we started, what was the point of a task force, or public hearings or anything that's happened since permitting stopped because the City wanted a new drilling ordinance,” said Zac Trahan with Texas Campaign for the Environment. “This is complete and utter dereliction of duty and public trust by the elected officials of this city on one of the most important public health and environmental questions to face Dallas in decades."

2nd TCEQ Clean Air Plan in Four Years Fails, Leaves Air Dirtier

For the second time in four years a state-designed clean air plan to bring safe and legal air to DFW residents has failed, missing its goal by an even wider margin than on its first try, and leaving local air quality worse than when it started.

November 1st marked the official end of the eight-month 2012 ozone season. According to the Texas Commission on Environmental Quality, or TCEQ, its plan was supposed to deliver record-breaking clean air to DFW this summer on its way to bringing the region into compliance with the Clean Air Act for the first time in two decades.

 
Instead, six of the 20 ozone monitors in North Texas recorded levels of smog at or above the now-discarded 1997 standard of 85 parts per billion (ppb), while 17 of them recorded violations of the stricter new health- based 75ppb standard that will take effect in 2018.
 
Clean air activists were anything but surprised.
 
They accused the state plan of being designed to fail by a politicized TCEQ to avoid any new pollution controls on industry at a time when Governor Perry was running for President. Relying mainly on new car sales projections, TCEQ engineers assured local leaders that pollution levels would go down as older vehicles were traded-in for newer, cleaner ones.
 
"Since this 'plan' primarily rested on the hope that lots of people would buy new cars, no serious-thinking person thought it would work " said Jim Schermbeck of DFW-based Downwinders at Risk."Unfortunately, after 12 years of Rick Perry's leadership, the TCEQ is in short supply of serious-thinkers."
 
The margin of error between what TCEQ computer modeling predicted pollution levels would be at DFW air monitors in 2012, and the actual levels of smog they recorded this summer is over  20% at some locations.
 
The average error of all 20 monitors is 10 ppb. None of the 20 area monitors came closer than 4ppb to reaching its predicted TCEQ target.
 
A first attempt at reaching the 85ppb target fell short in 2009 -10, but gave the region its lowest-ever smog readings, albeit still illegal. Since then, air quality in DFW has been getting worse, not better.
 
In fact, air pollution is worse now than when the state started drafting its latest plan in 2010. Two years ago, there was only one monitor recording violations of the 85ppb standard. This year there are six.
 
"Only TCEQ could write a clean air plan that actually makes the air dirtier," remarked Schermbeck.
 
Some of the critical numbers from 2012 were slightly lower than 2011, when North Texas smog levels reached seven-year highs. The slip was large enough to allow Houston to retake a share of the title of "Smog Capital of Texas" that DFW claimed solely for itself last year.
 
In 2012, DFW has a rolling three-year worst average of 87ppb of ozone while Houston clocked in at 88ppb. Houston had 17 days over the old 85ppb limit. DFW had 12. But while Houston experienced 28 days when it was in violation of the new stricter 75 ppb standard, DFW recorded 36. A third of DFW's 20 monitors were over 85ppb. Only a fifth of Houston's 47 monitors were. Likewise, 85% of the monitors in DFW had violations over 75ppb – the same as 2011, while Houston had 87%.
 
Perhaps just as embarrassing to TCEQ as its continued failure to get DFW into attainment with old federal smog limits is Houston's continued backsliding. After a period of progress that saw it reaching compliance with the 85ppb ozone standard in 2009, things have going backwards ever since.
 
Like DFW, Space City was supposed to be on its way to meeting the new standard, not struggling with trying to meet the 15-year old one. Clean air plans for both regions to meet that new 75ppb standard will have to be drafted by the state and submitted to EPA by 2015.
 
Schermbeck said for any new DFW clean air plan to be successful, it must do more to reduce pollution from East Texas coal plants, the Midlothian cement kilns, which are applying for new permits to burn industrial wastes, and the smog-forming pollution caused by natural gas mining and processing
 
"TCEQ continues to underestimate the impact of industrial sources of pollution while overestimating the impact of car pollution. It's all about blaming drivers and ignoring the smokestacks and flares."
 
Schermbeck pointed to the fact that over the last three years, the location of monitors violating the 85 ppb limit has moved further and further east as gas drilling has moved in the same direction. 
 
After being confined to one or two northwest Tarrant County sites, the number of problem monitors has risen to half a dozen and reaches all the way into central Dallas. A TCEQ monitor near Mockingbird and I-35 violated the 85ppb standard for the first time since 2005.
 
Schermbeck speculated that the state hadn't adequately estimated the air pollution impact of new gas facilities in the Barnett Shale itself, as well those being built southeast, or directly upwind, of DFW. He blamed TCEQ's monopoly on the computer modeling that drives the entire air planning process for painting a deceptively cleaner future.
 
"Garbage in, garbage out. As long as this TCEQ is exclusively in charge of the little black box that spits out the results, you're always going to get more political answers than scientific ones. Local officials must understand this and begin to search for their own expertise. Austin just isn't a reliable source of information or advice on how to fight smog."

Does Pollution Discriminate?

Yes. Or rather the forces that shape where pollution and people co-exist.

Historically we know that low-income and non-white urban areas are more likely to have polluting factories, Superfund Sites and illegal dumping. In large part, this is because the places within a city where "undesirable" heavy industries were allowed to locate were also traditionally also the only places where "undesirable" people, re: anybody that wasn't white or had a little money, were allowed to live. This is how you get massive segregated public housing complexes built across the street from huge lead smelters, as was the case in Dallas only a few decades ago. But maybe you thought that was all a thing of the past.

Today comes word of a new study out of Yale that confirms that people of color and the poor in the US suffer disproportionately from exposure to one of the most insidious kinds of pollutants – extremely tiny particles of poisonous soot called Particulate Matter 2.5 (that's soot that's 2.5 microns or less in size. A human hair is about 10 microns wide). Researchers looked at air monitoring and demographic data from five cities – Los Angeles, Pittsburgh, Cincinnati, St. Louis and Fresno. It is the first study to "reveal major racial and economic differences in exposures to specific particle ingredients, some of which are linked to asthma, cardiovascular problems and cancer." Not to mention strokes, and debilitating brain diseases like Parkinson's and Alzheimer's.

"Tiny particles of air pollution contain more hazardous ingredients in non-white and low-income communities than in affluent white ones, new research shows. The greater the concentration of Hispanics, Asians, African Americans or poor residents in an area, the more likely that potentially dangerous compounds such as vanadium, nitrates and zinc are in the mix of fine particles they breathe. Hispanics had the highest exposures to the largest number of these ingredients, while whites generally had the lowest. The findings of the Yale University study add to evidence of a widening racial and economic gap when it comes to air pollution. Communities of color and those with low education and high poverty and unemployment face potentially greater health risks even if their air quality meets federal health standards."

So how does that affect DFW? We need to let studies like this inform our decisions about city planning. In places that have a lot of pollution problems, it's probably a good idea not to keep adding more. Think of where the fracking in Dallas will be taking place – mostly in minority neighborhoods, along the floodplain, with other "undesirable" industries like landfills near-by. Think about the struggle over community control of the CF Hawn freeway re-do of Deadman's Curve in South Dallas where residents want fewer cars going slower instead of more cars going faster. Cars are a big source of PM pollution. Freeways are large conduits for PM pollution. In the last five years there's been a slew of studies showing more asthma and illness the closer you live to a major freeway. Guess which sub-populations get more freeways in their part of town?

There is an environmental equivalent of Affirmative Action that needs to be incorporated into city zoning and planning. One that considers the past historical inequities and current environmental body burden of affected neighborhoods. One that makes sure that society's "undesirables" do not keep getting piled on top of one another

Groups Petition EPA to Include Frackers in Toxic Release Inventory

A dozen environmental and citizens groups filed a petition with EPA on Wednesday to close a loophole in the law and include oil and gas pollution in the annual system of self-reporting emissions and releases with which most US industrial polluters already have to comply.

The Toxic Release Inventory, or TRI, was created in the wake of the horrible Union Carbide plant accident in Bhopal, India, that killed 2500 people immediately, and caused another 16,000 deaths in the months and years since. It's supposed to keep track of all hazardous and toxic chemicals on-site or released by industry at every facility regulated – power plants, cement plants, refineries, chemical plants of all kinds, lead smelters, etc. TRI numbers are self-reported once a year by the companies operating the facilities, based on EPA formulas. These numbers are then made available to the public via the EPA's own TRI Explorer site, or independent groups like RTK.net run by the OMB Watch folks.

However, the TRI leaves out a very large industrial segment – oil and gas drilling. This exemption might have made some sense 30 years ago, but it doesn't now, especially given the dramatic rise in modern-day fracking techniques that use large volumes of hazardous and toxic materials.

If EPA regulators went along, that would fold in not just drilling but also related activities at the wellhead, before oil and gas is ready for transport to customers and refiners. Under environmentalists’ petition, companies would be forced to report chemicals released in drilling and completing wells as well as compression operations and processing at fractionators that split gas into separate components.

Disclosures also would be required from hydraulic fracturing operations, in which mixtures of water, sand and chemicals are pumped underground to release natural gas and oil from dense rock formations.

Eric Schaeffer, director of the Environmental Integrity Project that spearheaded the campaign, stressed that the foundation of the TRI was a deeply held belief that the public has a right to know what kind of pollutants are being released from neighboring facilities.

We’re asking the EPA to “honor those values,” Schaeffer said. “EPA has the power to add other sectors that ought to be reporting, and we’re asking them today to exercise the authority.”

Jane Davenport, a senior attorney with the Delaware Riverkeeper Network, said the reporting mandate should apply broadly.

“The oil and gas industry should not get a pass from statutes that apply to other industries,” she said, noting that the industry already enjoys some exemptions from provisions in the Clean Water Act and other environmental laws.

This may not sound like a radical step, but don't discount the power of public disclosure. TRI numbers from the Midlothian cement plant helped Downwiders show that the kilns were the largest industrial and toxic polluters in North Texas, proved the companies were not telling the truth when they said there were no toxic emissions from waste-burning or cement-making, and allowed citizens to track the volumes of pollution coming out of the kilns and analyze those numbers for trends. That's why the oil and gas industry will be fighting tooth and nail to keep the loophole open. Even something as innocuous as disclosing your own chemical information is threatening to operations that have enjoyed historic protections from the public spotlight.

Start the Weekend Off Right: “Don’t Frack My Fairway” Rig Protest Today

Looking for something to do this Friday late afternoon? Why not join concerned Dallas citizens for a fun little encounter with officialdom out at the newly made-over "Luna Vista" municipal golf course by North I-35.

Members of Dallas Residents at Risk – a coalition that includes Downwinders – will be showing up at the grand re-opening of what was formally known as the LB Houston Golf Course with their new 15-foot tall mock drilling rig in tow. They'll be trying to set it up next to the course clubhouse where ceremonies attracting City Councilmember Monica Alonzo, Dallas Park Board Vice President Gabriel Soto and Dallas Park and Recreation officials will be taking place.

The course is city parkland and at least three sites within the course have already been leased by the city to Trinity East for fracking – including one adjacent to the driving range.

After two years and a list of task force recommendations, the Dallas City Council is still wrestling with the problems created in 2006 when they took over $30 million from gas operators for leases on city-owned property. The decision was not publicized and there were no public hearings.

Despite not drilling on those sites in the intervening period, gas operators are continuing to seek permission to exploit them. Many of those leases are either in parkland like the Luna Vista sites, or in the Trinity River floodplain. City Council member Sheffie Kadane and others have endorsed park drilling, saying the land is underutilized.

Yes, it's going to be a little chilly. But we need to confront City Hall at every opportunity and this is a prime one. None of the city's press materials that feature beautiful pictures of the course mentions that those views will be marred by taller-than-15-foot drilling rigs. It's up to citizens to raise these issues.

When: 4:30 – 5:30 today/Friday       Where: Luna Vista Golf Course Clubhouse, 11223 Luna Road, Dallas

“You got your fracking fluid in my cement!” Kiln Disposal of Drilling Wastes.

It was inevitable. Like chocolate and peanut butter. Like rats and the plague.

Two notoriously polluting industries find solace in each other's ability to scratch each other's dirty, irritating itches.

Cement plants are always looking for ways to get paid to burn other people's garbage. It takes a lot of energy to fire a 20-foot flame at 2000 degrees 24/7 in order to cook rock. It also takes a lot of "additives". That's why cement plants started burning other companies' hazardous wastes in the 70's and 80's. Because of a loophole in federal law, 50-year old cement plants with no modern pollution controls were allowed to charge for burning highly toxic wastes from refineries and chemical plants that were otherwise supposed to be going to fully-regulated hazardous waste disposal sites.

But those official sites cost more to use, and the cement plants cost so little. That's right, cement plants charged these polluters to dispose of their wastes, but not more than the incinerators or landfills with all the bells and whistles of "regulation." In this way, cement plant operators double dip – they don't have to shell out as much for fuel they'd have to buy, and they get paid a profit to be a Dispos-All for industry. And by the way, industry calls this "recycling."

Because of the persistence of Downwinders at Risk and other citizens' groups, this loophole has been slowly but surely closing, meaning less and less hazardous waste is being burned in US cement kilns. From a peak of almost 30 kilns burning toxics in the in the 1990's, we're now down to less than a dozen. But to take the place of this lucrative lost market, cement plants across the country are turning to "non-hazardous" waste to burn. Tires, but also municipal garbage, plastic wastes, used oils, shingles, car parts and other kinds of wastes. TXI's new permit allows the burning of a dozen different kinds of industrial wastes at its huge kiln in Midlothian. 

While these wastes are classified as "non-hazardous," when they come in the front gate of a kiln, it turns out they can release a lot of toxic pollution when they're incinerated. Metals like lead and cadmium and arsenic that don't burn (consult your High School physics textbook) are present. So are PCB's that have Dioxin. But burning plastic or chlorinated wastes means you can generate Dioxins even without having them present in the wastes to begin with. There's also Mercury in some of the wastes from cars that TXI and other kilns wants to burn.

So you have the release of exactly the same kinds toxic pollution you were concerned about with the burning of officially-classified hazardous wastes. But now, it's taking place "legally," – or at least it is until the law hasn't catches-up with the consequences of this kind of low-rent disposal operation. Have a waste you want to get rid of? Send it to your local neighborhood cement plant. They'll burn anything.

Enter the Natural Gas industry. They've been getting a lot of bad PR lately about their own waste problems. They have billions of gallons of what they like to call "fracking fluid,"  and what the rest of us would call "hazardous wastes" that's so toxic it must be disposed of in a deep underground injection well after only being used once, isolated from the rest of the earth's environment forever.  But because of some well-placed loopholes, this "fracking fluid" is not considered "official" hazardous waste under federal rules. It will just unofficially injure you with its toxins.

As it turns out, injecting billions of gallons of "non-hazardous" toxic liquid under extremely high pressure near deep underground faults is a sure way to generate earthquakes. And that's what's been happening. Not only in North Texas, but other places where there are lots of injection wells. There was another small one last night in Midlothian, right down the highway from a large deep injection well near Venus. Along with the fact that most fracking fluid cannot be or is not "recycled" now and can  only be used once before disposal, the fracking fluid generated by the gas industry has turned into an embarrassing sore point.

If only there was some other way the gas industry could dispose of their drilling wastes. If only they could appear to be more environmentally-friendly and save money at the same time……

And there you have the genesis of a happy marriage made in polluter heaven. I have a facility that needs stuff to burn and mix, and I'm not that particular about what the stuff has in it. You have lots of stuff that needs to be burned, er, "recycled" and you spend less when you send it to a facility like mine not specifically built to do that job. Everybody wins!

"The use of drilling wastes and muds is most preferable in cement kilns, as a cement kiln can be an attractive, less expensive alternative to a rotary kiln. In cement kilns, drilling wastes with oily components can be used in a fuel-blending program to substitute for fuel that would otherwise be needed to fire the kiln.

Cement kiln temperatures (1,400 to 1,500 degrees C) and residence times are sufficient to achieve thermal destruction of organics. Cement kilns may also have pollution control devices to minimize emissions. The ash resulting from waste combustion becomes incorporated into the cement matrix, providing aluminum, silica, clay, and other minerals typically added in the cement raw material feed stream.

Recent studies have shown that it is feasible to use such drilling waste as substitute fuel in a cement plant. The drilling mud can be processed by a centrifuge to separate remaining water, compressed by a screw into a solid pump and conveyed.

The cement companies can contribute to sustainability also by improving their own internal practices such as improving energy efficiency and implementing recycling programs. Businesses can show commitments to sustainability through voluntary adopting the concepts of social and environmental responsibilities, implementing cleaner production practices, and accepting extended responsibilities for their products."

For veterans of The Cement Wars of the 1990's this rhetoric is certainly recycled. Cement Plants are Long, Hot and Good for America! Cement plants are the best disposal devices ever. They just make everything go "poof." That's why they were built specifically to dispose of wastes of all kinds  – oh wait. nope. They were built to make cement. But how great is it that they can make an entire sideline business out of dealing with, and spewing toxic chemicals into the environment?

Even though the specific article deals with the Middle East, is there any question that a cement plant in Texas or Pennsylvania, or Ohio won't try to make the case for accepting drilling wastes, if they haven't already? The permit modification TXI received to burn plastics and car wastes from the State of Texas required no public notice at all. Citizens only found out after the fact. There are only about a dozen players left in the international cement market. If they're discussing this in Egypt and Saudi Arabia, chances are they're talking about it in Zurich, Heidelberg, and Midlothian too.

Developments like this are why its important to tell the EPA it's making a big mistake to delay and change its cement plant toxic emission rules. The industry's "inputs" are changing rapidly. Two years is too long. We need the protection of those new rules now.  If you haven't already clicked and sent EPA an e-mail saying you oppose this delay, the "official" comment period is over, but it couldn't hurt for the folks in DC to see your "unofficial" opposition.

It's also a lesson in why "everything is connected." Don't live near a gas well? If you live in DFW, chances are you live downwind of a kiln that could be burning the wastes of gas wells.

When the Gas Industry Says “Full Disclosure,” It Only Means 65%

According to an EneryWire analysis, "at least one chemical was kept secret in 65 percent of fracking disclosures" by companies that publicly disclosed the ingredients in their hydraulic fracturing fluid.

The study supports the claims of critics including Downwinders, that companies who say they're fully disclosing the contents of their fracking fluids aren't really doing so. Downwinders has joined other members of the Dallas Residents at Risk alliance in calling for the City of Dallas to require true full disclosure of all fracking fluids in order to better protect first responders.

Industry claims it has a right to prevent the public, including doctors, firefighters, and police from knowing certain "trade secret" ingredients in their fracking fluids and every clearinghouse for ingredient information – including the much-heralded one established in Texas – allows for the use of this exemption. This trade use exemption is what the EnergyWire analysis tracked.

"It's outrageous that citizens are not getting all the information they need about fracking near their homes," said Amy Mall, who tracks drilling issues for the Natural Resources Defense Council. "Companies should not be able to keep secrets about potentially dangerous chemicals they're bringing into communities and injecting into the ground near drinking water."

But companies say they spend millions of dollars researching and developing new formulations of frack fluid and shouldn't have to give away their secret recipes.

"In just the past 18 months, the industry has spearheaded an effort that took us from an idea on paper about disclosure to a fully functional and user-friendly disclosure system," said Steve Everley of Energy in Depth, a campaign of the Independent Petroleum Association of America. "That kind of commitment and progress cannot be overstated in a discussion about industry disclosure."

This is very simple. If your a Dallas firefighter responding to an accident at a gas facility site, you need to know what chemicals are on site, how much of those chemicals are there, and where they're stored. No exceptions.

The High Cost of Fracking

Yesterday, Environment Texas released a new compilation report in Dallas, titled, "The Costs of Fracking." There's not a lot of new information, but it does serve as a convenient catalog of the disadvantages of inviting the gas industry to town, as the Dallas City Council is considering via a new gas drilling ordinance. Every city council member should take a look, although we doubt they will.

The report covers the impact of fracking on public health, water, air, as well as the infrastructure demands of the gas industry. Among the tidbits:

"The truck traffic needed to deliver water to a single fracking well causes as much damage to local roads as nearly 3.5 million car trips. The state of Texas has approved $40 million in funding for road repairs in the Barnett Shale region, while Pennsylvania estimated in 2010 that $265 million would be needed to repair damaged roads in the Marcellus Shale region."

Fracking can affect the value of nearby homes. A 2010 study in Texas concluded that houses valued at more than $250,000 and within 1,000 feet of a well site saw their values decrease by 3 to 14 percent.

The average public health costs of air pollution from fracking operations in Texas’ Barnett Shale region reach $270,000 per day during the summer smog season.

Here's the press release. Here's the report.