Posts Tagged ‘fracking’
Power of the Press: Week after Trib Report on DFW Smog, First “Exceedences” of 1997 Standard
It was only eight days ago the that online Texas Tribune did the first real overview of DFW air quality for this "ozone season." Borrowing heavily from the June 16th Downwinders at Risk presentation to the North Texas regional air quality committee, it concluded that there had been no discernible progress in regional air quality for the past five to six years despite a new state anti-smog plan aimed at getting the area below the 1997 standard of 85 parts per billion.
Ironically, up to that point, DFW had been enjoying one of the wettest, coolest, most ozone alert-free summers on record. Not one 100 degree day until July and only one "bad air" days of note on June 11th. It looked like we might actually be able to meet the 1997 standard of 85 ppb for the very first time.
That's all changed with this past weeks' return to familiar form. In just seven days, they've been at least four official "ozone alerts" issued for DFW by the Texas Commission on Environmental Quality. Those had produced four "exceedences" of the current 75 parts ppb standard, which the state is now aiming at with another "do nothing" plan under development and due out by the end of the year. On Wednesday the trend got more serious with the addition of the first two "exceedences" of the older 1997 standard we can't seem to conquer – a reading of 88 ppb at the NW Fort Worth monitor at Meacham Field and a 91 at the usually quiet Granbury monitor in Hood County. In the latter case, one mid-afternoon hourly reading reached as high as 113 – just 12ppb short of a violation of an even more ancient standard left over from the 1980's.
For comparison's sake, EPA scientists just sent a letter to EPA Administrator Gina McCarthy recommending that a new, lower federal standard for ozone be set at 60-70 ppb.
It will still take another week of 85 ppb plus days to produce the "fourth highest" readings at the Denton or Keller sites to combine with their 2013 averages and keep DFW in violation of a 17-year old ozone standard. But then again, we have all of August and September to go.
Not surprisingly, two of this summer's hot spots include traditionally troublesome monitors – the Denton and NW Fort Worth site. Tarrant and Denton Counties have historically been the places where the region's highest readings have originated. One reason is wind direction – smog accumulates from upwind sources like the Midlothian cement plants and blows Northwest during the summer. Another more recent reason is the mining of Barnett Shale gas deposits that release huge quantities of smog-forming pollution in the western half of the Metromess, a phenomenon that's been examined in a new UNT study that divided the region's ozone monitors into "Fracking" and "Non-Fracking" areas and found significantly higher readings among those in the Fracking area.
As we went to press with this post, Thursday's readings looked to be producing another round of 75 ppb or higher results. Adding to this year's ozone season irony is that over the last 20 years, July has traditionally been the summer month that produced the fewest number of high ozone readings, book-ended by higher numbers in June and August-September.
Depending on the weather, DFW may still be able to make it over the 1997 standard, 85 ppb hump. But based on this past week's results, that hump just got bigger. Stay tuned.
Mansfield Gas Well Awareness Group Opens Up New Front in DFW Urban Drilling Fight
Ever since winning the Dallas Gas Wars in December of last year, Downwinders at Risk and our partners at the Texas Campaign for the Environment have been looking for a place and time to take the responsible drilling fight deeper into the Barnett Shale. We're glad to announce that we're teaming up with the newly formed Mansfield Gas Well Awareness group to do just that.
Mansfield is a relatively small Tarrant County town with a big gas industry presence. Sandwiched between Arlington and Fort Worth, it has a population of 59,000 spread over 36 square miles. it already has 200 wells on 51 gas pads with a total of 512 planned – or an average of 14 per square mile. Many of the most problematic wells are operated by Eagle Ridge – the same company whose antics single-handedly began the current "ban fracking" campaign in Denton. Like Denton, Eagle Ridge's Mansfield wells are close to homes, and have been known to spew surrounding neighborhoods with their own scrubbing bubbles concoction from flowback operations and incurred a rare violation notice from the state in February. The city also hosts a notorious Teas Energy Midstream compressor station that's a suspect in showering homes with an oily film from what was most likely from a messy blown down accident in May.
Those incidents got people's attention. Seeing themselves as the victims of a permissive "Fort Worth Model" of gas regulation, local residents are now moving to organize around a citizen-friendly "Dallas Model" with more protective setbacks, restrictions, and monitoring. As their new website and Facebook page notes, "Mansfield Gas Well Awareness is not a movement against natural gas or exploration of natural resources. Rather, we are against the permitting of toxic gas well activities near homes, schools, day cares, and parks. We are a movement of concerned residents that live in Mansfield who are for clean air, safe and healthy communities, and protecting peoples' rights to peacefully enjoy their property."
As is so often the case, pollution problems on the ground are connected to ethical problems at City Hall. Mansfield councilman Stephan Lindsey, who until recently was Mayor Pro-Tem is Senior Director of Government and Community Affairs for Quicksilver Resources, "a Fort Worth natural gas and oil exploration company" who never feels compelled to recuse himself from any votes concerning the municipality's regulation of the gas industry. Councilman and New Mayor Pro-Tem Larry Broseh is owner and President of Cam Tech, a company "dedicated to providing the drilling industry qulity pipe handling equipment," and also doesn't mind using his public office to vote on behalf of his industry interests. That means almost a third of the seven member Mansfield city council has professional gas industry ties.
As it happens, Mr. Lindsey is up for re-election next May. Old timers might recall that the Dallas drilling fight got real traction when gas friendly incumbent city council member Dave Neumann was upset by newcomer Scott Griggs way back in 2011. Although the new group hasn't officially targeted Lindsey, defeating him with a candidate more skeptical of industry claims would certainly send a strong message that Mansfield residents don't want the fox guarding their chicken coops.
The good news is that Mansfield Mayor David Cook took MGA members up on their invitation to see the Downwinders' presentation to the regional air quality meeting in Arlington on June 16th, where Director Jim Schermbeck devoted half of his time to explaining why gas compressors should be electrified. As far as we know, Cook was the only DFW are Mayor in attendance and it was a real coup for the young group to get him there.
MGWA's website already has some amazing pics and videos, as well as depressing factoids to share. If you know someone living in Mansfield, please let them know a new voice for citizens concern in on the scene and organizing to clean up the current messes as well as prevent new ones. Now that Downwinders has joined the fight, we'll certainly keep you posted on developments as well. Westward ho!
We Won a Small Victory – Now Come Take Advantage of It
This is why citizen participation matters.
Last week, local officials were balking at reserving a slot at next Thursday's regional air planning meeting for a presentation by UNT researchers on how gas industry emissions from the Barnett Shale could be adding to DFW's chronic smog.
After reading about the UNT research in the Denton Record Chronicle, Downwinders at Risk and State Representative Lon Burnam specifically asked the local Council of Governments to include the UNT work on the agenda.
At first, we were told that there was already one technical presentation scheduled for the meeting and there wouldn't be any time for a second.
That struck us as strange, since in the past, every such meeting has always had more than one technical presentation.
When we pointed this out in an e-mail with links to past meeting agendas to prove the point, we quickly got a different response. Suddenly, there would be time for the UNT presentation.
That wasn't so hard was it? All it took was a little logical push back. But if we hadn't supplied it, Thursday would be looking a lot different.
Now, we're asking you to please come and help us push back a little more.
State environmental officials are on record as saying the air pollution from gas mining and production in the Barnett Shale is not adding to DFW's smog.
A lot of us think otherwise.
Come next Thursday, on the 17th, you can listen to the new UNT research on fracking air pollution and ask Texas Commission on Environmental Quality officials directly what makes them so sure that gas pollution isn't hurting local air quality.
Because the format of these regional clean air meetings are now so informal, anyone in the audience can ask questions of a presenter. That means you – if you show up.
It doesn't matter if you don't know the technical lingo. This is all about wind direction, weather, and things that pollute. There are no stupid questions.
The new anti-smog plan that the state is building needs all the public scrutiny it can get. It needs tough examination by people who care about clean air and the truth.
Next Thursday, you can help us put the state on the spot.
This is the first opportunity in 2014 to speak up and sound off about our decades-long smog problem. Don't let the TCEQ leave town without hearing from you.
We fought and won the right for you to listen to this research because we thought it was important. Won't you please come and take advantage of this victory?
We need a good showing to prove DFW residents are still mad about breathing dirty air.
NEXT THURSDAY, APRIL 17th
10 am to 12pm
North Central Texas Council of Government headquarters
616 Six Flags Drive
(After the meeting, State Representative Lon Burnam and Downwinders will be hosting a lunch time de-briefing, location to be decided, so stay tuned.)
Look, we know this is a small victory. But state officials don't want to talk about how gas industry pollution may be making our local smog worse, even though there's evidence that it is.
That's exactly why we think we need to keep bringing it up.
Winning the right to hear a new scientific presentation on the connection between gas pollution and smog may not seem like much of a win, but it is when the Powers-That-Be don't want you to hear it.
We know that small victories like this can lead to larger successes.
In the 1990's the same state agency that's now denying gas pollution has any impact on DFW smog was saying exactly the same thing about the Midlothian cement plants.
It took lots of push back from citizens who knew better before we got the state to admit it was wrong.
Now, Ellis County is in the DFW non-attainment area and the cement plants have controls on them they would otherwise never have.
We need the same effort in 2014 to show the state is as wrong about gas industry pollution as it was about the cement plants.
Right now, Downwinders is the only group committed to organizing citizens around clean air issues in DFW.
But we just lost a funding source that was critical to us and we need your help to keep the pressure on. This money paid for staff work in the field.It's very easy to give securely online here, or you can send checks to our P.O. Box at the bottom of the page.
We really need your help. Thank you.
A Barnett Shale Manifesto…From Austin
Sometimes it takes a perspective above the grind of trench warfare to give you a better sense of what the entire battlefield looks like. That's what UT Law Professor Rachel Rawlins has done for Barnett Shale activists with the recent publication of her article "Planning for Fracking on the Barnett Shale: Urban Air Pollution, Improving Health Based Regulation, and the Role of Local Governments" in the new Virginia Environmental Law Review.
Don't let the academic title fool you. This is a call for a radically new approach to how communities in Texas regulate the risks of fracking, and every other type of heavy industry. We put the link up for the piece on our Facebook page on Saturday based on a quick reading of its commentary on the Flower Mound cancer cluster, but it's more, so much more than that. Among other things, it's a comprehensive rebuttal of every claim of safety and well-being ever issued by the industry or state authorities about the health of residents living in the Barnett Shale, of which the Flower Mound case is only one example. Rawlins has produced a one-stop catalog of each major air pollution health controversy in the Barnett since concerns began to grow in the last decade, with an almost 30-page review of why no industry or government-sponsored study of fracking pollution and its health effects is a satisfactory response to those concerns. Want to convince your local officials that fracking isn't as safe as it's touted? Here's the staggering blow-by-blow commentary to do it.
But all of that documentation is presented in service to making the point that current state and federal regulation of fracking is failing to protect public health, both in design and in practice. Professor Rawlins' solution to this problem is not to give the state and federal government more power to regulate the gas industry. No, it's to turn the current regulatory framework upside down and give more power to local governments to do the things that the state and federal government should be doing.
In making this recommendation, she echoes the strategy that's been driving Downwinders since it was founded – that the best way to regulate pollution problems is at the local level where the most harm is being done, and it should be directed by the people being harmed. This is what drove our Green Cement campaign that closed the last obsolete wet cement kiln in Texas. This is what fueled our campaign to close down the trailer park-come-lead smelter in Frisco. And it's what was behind the recent Dallas fights over drilling. In each case, it wasn't Austin or Washington DC that was the instrument of change – it was local governments, pressed by their constituents, flexing their regulatory powers. The same thing is driving activists in Denton who are organizing the ban fracking petition drive and vote.
This strategy avoids battles where industry is strongest – in the halls of the state capitol and in DC, where citizens are outspent millions to one. Instead, it takes the fight to neighborhoods where the harm is being done or proposed, where people have the most to lose, where the heat that can be applied to elected officials is more intense. Citizens will still get outspent, but the money doesn't seem to buy corporations as much influence among those actually breathing the fumes of the drilling site, or smokestack.
Particularly now, with corporate-friendly faux-Tea Party types in control of state government and the House of Representatives in DC, there is little room for grassroots campaigns to make a difference by passing new legislation. Even if by some miracle a few bills did pass, their enforcement would be up to the same state or federal agencies that are currently failing citizens. Local is more direct, and more accountable. Professor Rawlins agrees, and spends most of the rest of her 81-page journal article citing the ways in which local control of fracking in the Barnett Shale is hampered by the out-dated top-down approach to regulation, and what should be done to fix that.
Included in her recommendations are two long-term Downwinders projects: Allowing local governments to close the "off-sets" loophole for the gas industry that exempts them from having to compensate for their smog-forming pollution in already smoggy areas like DFW, and creating California-like local air pollution control districts that could set their own health based exposure standards and pollution control measures without having to go through Austin or DC.
If there's a single major fault in Rawlins's analysis, it's that she believes more local control of pollution risks is itself dependent on action by an unwilling state government. But Downwinders and others have shown that isn't true. Our most significant and far-reaching victories – from the closing of the Midlothian wet kilns to the new Dallas drilling ordinance – have all taken place while Rick Perry was Governor and the state legislature was in the hands of our opponents. We did these things despite Austin, not because we had its permission. Local zoning laws, local permitting rules, local nuisance acts, and other local powers are under-utilized by both residents and their elected officials when it comes to pollution hazards.
The same is true now of Downwinders' off-sets campaign aimed at the gas industry. We think we've found a way to avoid the "preemption" argument that would keep local governments from acting on smog pollution from gas sources by aiming the off-sets at Greenhouse gases – an area of regulation Texas is loathe to enter. By targeting GHG reduction, we also reduce a lot of toxic and smog-forming air pollution. It's a back door way, but it accomplishes the same goal. It's going to be up to Texas activists to sew similar small threads of change through an otherwise hostile political environment.
Even given that flaw, Professor Rawlins' introduction to her article is the most concise summary of the air pollution problems caused by gas mining and production in the Barnett, as well as the most credible call to action for a new way of doing business there. Here it is reprinted in full for your consideration:
In the last decade hydraulic fracturing for natural gas has exploded on the Barnett Shale in Texas. The region is now home to the most intensive hydraulic fracking and gas production activities ever undertaken in densely urbanized areas. Faced with minimal state and federal regulation, Texas cities are on the front line in the effort to figure out how best to balance industry, land use, and environmental concerns. Local governments in Texas, however, do not currently have the regulatory authority, capacity, or the information required to closet he regulatory gap. Using the community experience on the Barnett Shale as a case study, this article focuses on the legal and regulatory framework governing air emissions and proposes changes to the current regulatory structure.
Under both the state and federal programs, the regulation of hazardous air emissions from gas operations is based largely on questions of cost and available technology. There is no comprehensive cumulative risk assessment to consider the potential impact to public health in urban areas. Drilling operations are being conducted in residential areas. Residents living in close proximity to gas operations on the Barnett Shale have voiced serious concerns for their health, which have yet to be comprehensively evaluated. Given the complexityof the science, and the dearth of clear, transparent, and enforceable standards, inadequate studies and limited statistical analysis have been allowed to provide potentially false assurances. The politically expedient bottom line dominates with little attention paid to the quality of the science or the adequacy of the standards.
Determining and applying comprehensive health-based standards for hazardous air pollutants has been largely abandoned at the federal level given uncertainties in the science, difficulties of determining and
measuring “safe” levels of toxic pollutants, and the potential for economic disruption. Neither the state nor the federal government has set enforceable ambient standards for hazardous air pollutants.Identifying cumulative air pollution problems that may occur in urban areas, the State of California has called upon local governments to identify “hot spots” and to consider air quality issues in their planning and zoning actions. In Texas, however, preemption discussions dominate the analysis. Any local government regulation that might provide protection from toxic air emissions otherwise regulated by the State must be justified by some other public purpose.
Texas should consider authorizing and encouraging local level air quality planning for industrial activities, similar to what California has done. Care should be taken to separate these facilities from sensitive receptors and “hot spots” that may already be burdened with excessive hazardous air emissions. Given the difficulty of the task, there is also an important role for the state and federal governments in working to establish ambient standards for hazardous air pollutants, as well as standards for health based assessment and public communication. The uncertainty inherent in any of these standards should be made clear and accessible to local governments so that it may be considered in making appropriate and protective land use decisions. Texas should consider allowing local governments to have the power to establish ambient air quality standards, emissions limitations, monitoring, reporting, and offsets for hazardous air pollutants, following the model applied to conventional air pollutants pursuant to the federal program.
Professor Rawlins' article provides Barnett Shale activists with a new map to guide them toward more effective action. We'd all do well to study it and pick local battles that promise to contribute toward its realization.
Can You Spot the Mistake in This Map?
Here's why there's a missing big orange splotch….or two….or three, in Texas in this new national map of oil and gas well concentration.
New UNT Study-In-Progress Links Gas Pollution to Persistent DFW Smog
This is why it's important for citizens to have real scientific horsepower.
DFW has a smog problem. It's not as bad as it used to be, but it's still at unsafe and illegal levels. And for the last four or five years, the air quality progress that should have been made has been stymied. Despite almost all large sources of smog-producing pollution being reduced in volume, our running average for ozone is actually a part per billion higher than it was in 2009.
Many local activists believe this lack of progress is due to the huge volumes of smog-producing air pollution being generated by the thousands of individual natural gas sites throughout the DFW region itself, as well as upwind gas and oil plays. In 2012, a Houston-based think tank released a report showing how a single gas flare or compressor could significantly impact downwind smog levels for up to 5 mile or more. Industry and the Texas Commission on Environmental Quality say no, gas sources are not significant contributors to DFW smog. In fact, during this current round of planning, the state has gone out of its way to downplay the impact of gas pollution, including rolling back previous emission inventories and inventing new ways to estimates emissions from large facilities like compressor stations.
Into this debate steps a UNT graduate student offering a simple and eloquent scientific analysis that uses the state's own data on smog to indict the gas industry for its chronic persistence in DFW – especially in the western part of he Metromess, where Barnett Shale production is concentrated.
On Monday night Denton Record-Chronicle reporter Peggy Heinkel-Wolfe gave a summary of a presentation on local air quality she'd sat through that day at UNT:
"Graduate student Mahdi Ahmadi, working with his advisor, Dr. Kuruvilla John, downloaded the ozone air monitoring data from the Texas Commission on Environmental Quality back to 1997, a total of more than 6.5 million data points, he said, and has been studying it for the past four months.
Ahmadi wanted to explore a basic question underlying a graphic frequently distributed by the TCEQ that shows gas wells going up in DFW as ozone goes down, which suggests in a not-very-scientific-at-all way, that the increasing number of gas wells is having no effect on the ozone.
Ahmadi adjusted for meteorological conditions to determine how much ozone DFW people are making and where. Such adjustments have been explored by others to understand better the parts of ozone-making we can control, because we can’t control the weather. He used an advanced statistical method on the data, called the Kolmogorov-Zurbenko filter, to separate the effects of atmospheric parameters from human activities.
According to the results, the air monitoring sites surrounded by oil and gas production activities, generally on the west side of DFW, show worse long-term trends in ozone reduction than those located farther from wells on the east side of DFW.
His spatial analysis of the data showed that ozone distribution has been disproportionally changed and appears linked to production activities, perhaps an explanation why residents on the western side of DFW are seeing more locally produced ozone, particularly since 2008.
Ahmadi's results are not definitive, and the paper he's writing is still a work-in-progress. But he's asking the right questions, and challenging the right unproven assumptions. He's at least put forth an hypothesis and is trying to prove or disprove it. He's using science. TCEQ's approach is all faith-based.
Anything that takes the focus off vehicle pollution is anathema to Austin and many local officials who want to pretend that industrial sources of air pollution don't impact the DFW region enough to make a difference so they don't have to regulate them. If there's a guiding principle to TCEQ's approach to this new clean air plan, due in July 2015, it's to avoid any excuse for new regulations while Rick Perry is running for President. The agency isn't interested in doing any kind of science that might challenge that perspective – no matter how persuasive. After all, you're talking about a group that doesn't believe smog is bad for you. TCEQ doesn't want to know the truth. It can't handle the truth. It's got an ideology and it's stickin' to it.
So it's up to young lowly graduate students from state universities armed only with a healthy sense of scientific curiosity to step up and start suggesting that the Emperor's computer model has no clothes, and offering up alternative scenarios to explain why DFW air quality is stuck in neutral. It turns out, just doing straight-up classroom science is enough to threaten the fragile House of Computer Cards with which the state's air plan is being built.
Perhaps equally as ominous for the success fo any new clean air plan is Ahmadi's discovery that ozone levels in DFW have been during the winter time, or "off-ozone-season." There could be a new normal, higher background level of smog affecting public health almost year round.
Mahdi Ahmadi's study is just one of the many that need to be done to construct an honest clean air plan for DFW, but it shows you what a curious mind and some computing power can do. Citizens can't trust the state to do the basic science necessary as long as the current cast of characters is running the show in Austin. EPA won't step in and stop the farce as long as TCEQ can make things work out on paper. If the scientific method is going to get used to build a better DFW clean air plan, it's going to have to be citizens who apply it.
Waxahachie’s Magnablend Settles Lawsuit with Injured Employee
Once you read the damning testimony of Magnablend's own employees in the Waxahachie Daily Light coverage of the trial, you only wondered how long it would take for the company to settle with James Barron, who claimed the October 3rd explosion and fire at the chemical blending facility had resulted in permanent neurological damage.
The answer was: one week.
There was one important footnote to pause and ponder. If one reads between the lines of testimony, the implication is the company's new expansion into supplying the fracking industry's chemical needs was behind the 2011 accident, which sent smoke wafting all the way into downtown Dallas.
In cross-examination of company supervisors, it came out that despite Magnablend beginning to manufacture "new blends of chemicals" it was unfamiliar with, the company's on-site chemist wasn't reading the product information that came with the new chemicals. Ventilation in the facility might have been adequate for the kind of chemicals it had historically blended, but it was unable to cope with the build-up of hydrogen that formed when the new batch of chemicals were blended. It's that hydrogen cloud that caused the explosion and fire.
So is Magnablend still blending chemicals for the fracking industry? Is there still a potential for the same kind of accident to occur? if they aren't doing this kind of blending anymore, who is? What facilities are dealing with the same chemicals Magnablend was mixing, and where are they located? Nobody had ever heard of Magnablend before it blew up. Is there another heretofore unknown manufacturer who's taking the same risks without their neighbors knowing it? You can count on it.
Terms of the settlement with Barron were not made public. Magnablend still faces 21 other civil cases arising from the 2011 accident.
Big D’s BFD
Did you feel the ground shifting under your feet yesterday around 5 pm? It was another one of those local earthquakes caused by fracking. The epicenter was Dallas City Hall. Damage to the gas industry's rhetoric and credibility was extensive.
By a vote of 14 to 1, the Dallas Plan Commission pronounced the permissive "Fort Worth Model" of regulating the drilling and production of natural gas in the Barnett Shale dead. The passing was definitive. As John Cleese might say, "This paradigm is no more…it has ceased to be…this is an EX-paradigm."
It didn't go down without a fight. Up until the very final hours of debate over language in the City's proposed new gas ordinance, staff was still offering weaker versions of rules to Commission members because "that's the way Fort Worth did it." They were all rejected in favor of stricter standards as part of what has the potential to be the most protective ordinance in the Barnett Shale.
Now all we have to do is get eight Dallas City Council members to help us realize that potential.
The draft passed yesterday isn't 100% of what residents want, and in one case doesn't even match the level of protection Dallas itself started out with in 2007. It still provides paths through the bureaucracy for drilling in parks and flood plains, instead of outright bans, and despite staff assurances, the chemical disclosure language isn't foolproof. But to see it only through the lens of what it's not yet doing is to ignore the huge impact of what it already does. Coming from the largest city in the Shale, the Dallas draft immediately offers a modern, tougher alternative to Ft. Worth's submissiveness for dealing with the problems of mining gas in urban environments. To quote our Vice-President, it's a B.F.D. Some of the highlights include:
1) A 1,500 property line-to-property line setback from neighborhoods and other protected uses, matching the most protective setbacks in the Barnett Shale. It can only be reduced to a minimum of 1000 feet with a variance, and that's only possible with 12 out of 15 council votes. Notice of any permit must go out in English and Spanish to all mailing addresses within 2000 feet and the applicant must hold a neighborhood meeting where the project is fully explained.
2) Electrification of all motors and engines on a drilling site. If operators want to make an exception and use combustion engines, they have to show why electrification isn't feasible, and the City has to agree.
3) Tough restrictions on where gas compressor stations can locate – only in heavy industry zoning districts, with the same 1,500 foot setbacks from neighborhoods and all other protected uses, fully enclosed, and they must use electric engines, not diesel or gas. Thanks to some quick pushback by residents and their allies on he Commission, we were able to win back all the rules that staff had excluded in their first take only 24 hours before the vote.
4) A ban on any injection wells in the City of Dallas.
5) A ban on fracking waste pits.
6) Requirements for a road repair agreement before a permit is even considered. This is above and beyond any other insurance or bonding requirement.
7) A recommendation to the Council that it establish a local air pollution off-sets program that would include natural gas facilities. Such a program would be the first of is kind in the nation and close a Clean Air Act loophole that exempts these facilities from participating in the federal off-sets program for smoggy "non-attainment areas."
8) Baseline testing of water, soil, air, and noise at every proposed site.
9) Individual non-toxic "tagging" of all fracking fluids used. Every operator will be required to put their unique chemical signature within the concoction they're pumping into the ground so that if any of it goes where it shouldn't, the offending well can be identified. It's DNA testing for fracking.
10) A recommendation to the Council that during drought conditions, it either charge substantially more for city water that's being used for fracking, or ban the use of city water for fracking all together.
11) A recommendation that the Council demand an additional letter of credit from operators beyond any other insurance or bond to cover uninsurable intentional acts of contamination, i.e. dumping waste into the Trinity River.
We're not in Cowtown anymore.
(There's not an online version of the final language up yet. We'll let you know when there is so you can look this thing over yourselves).
City attorney Tammy Palomino, always a reliable source of information, stated on the record that she believed the draft's language about chemical disclosure would cover all trade secrets, but we're not so sure. That's why we'll be asking the Council to add five simple words to this section that Ms. Palomino didn't: "with no exceptions for trade secrets."
Instead of banning drilling in the floodplain, the proposed ordinance makes it impractical, though not impossible. An operator would have to get a fill permit from the city, and approved by the Army Crop of Engineers, to build a mound that would elevate the entire drilling pad site out of the floodplain. Anyone who's seen the footage from Colorado's flooded gas plays over the last couple of weeks can identify the folly of this approach. What's to keep flood waters from eroding the elevated mound and taking the entire pad site down stream? Only the lack of a kind of levee-to-levee flood we've seen in Dallas before.
Park drilling provided the day's lesson in pretzel logic. A "protected use" includes a recreation area, "except when the operation site is on a public park, playground, or golf course." Then it's perfectly fine to have rig next to the swing set. Got it?
This is less protective than the original Dallas Park decision that preceded the notorious Suhm secret agreement with Trinity East. It called for the leasing of a park's mineral rights but banned surface drilling in any park. You could go under but not on. That's still the most sensible compromise but it went floundering for support yesterday.
Instead, the Park Board will have to request the City Council to hold "Chapter 26" public hearing, after which there must be a 3/4 vote of approval by the Council that officially concludes there's no other possible feasible use for the park land other than gas drilling.
Listening to the comments from many Commissioners right before the vote, one got the feeling that if they had to do it all over, they might not be so equivocal. Nevertheless, they all voted for the more convoluted approach. It's the most flawed part of the ordinance, especially in light of the outcry over allowing any drilling in any public park during the Trinity East fight.
With those exceptions, it was a banner day for residents who've been fighting this good fight for over three years now. It was the kind of day that after Trinity East's main lobbyist whined that the company just couldn't get the electrical hook-ups they needed (in the middle of Northwest Dallas by a major Interstate) during the public hearing right before the final vote, an influential conservative Commissioner successfully moved to amend the completed draft to make the section on mandatory electrification of compressor stations stronger. Ouch.
It was the kind of day when the only ally industry could muster among the 15 Plan Commissioners was the sometimes coherent Betty Culbreath, Dwaine Caraway's brand new gift to Dallas residents. Culbreath said she couldn't vote in conscience for a document that required so much from industry. She felt so passionate about the issue, she missed most of the Commission workshops over the past month or so where the ordinance language was debated. It'd be laughable except the council member who appointed her is now the Chair of the Council's Environmental Committee.
There's no official news about the timeline or process the Council will use to consider the draft now that it's been delivered to them. Despite the mostly winning day residents had on Thursday, its sobering to remember that we only got six votes to deny the Trinity East permits. We need at least two more to make sure this good ordinance stays intact, or gets even stronger.
Such a lopsided Commission result gives us a great running start to get those votes. Backsliding by Council members will be hard to pull-off publicly, although let's face it, some seem immune to embarrassment on this issue.
Cowtown circa 2008 will always be the industry's preferred template for regulation, because they mostly wrote the rules. Residents in the Shale now have a much more citizen-friendly 2013 Big D model they can use for counterpoint – if we can win ACT III of the Dallas Gas Wars.
Morning News Takes Strong Stand Against Trinity East Permits; Only 24 Hours to Send Your E-Mails of Opposition
It's become so common place these days that you're likely to take it for granted, but if you'd ask activists three years ago whether we'd end up carrying the Dallas Morning News on the issue of urban gas drilling, you would have been considered a dreamy-eyed do-gooder.
But in fact, across the board, from Trinity East to the new ordinance, from compressors to setbacks, the News editorial page has been leading public opinion in favor of common sense, transparency and caution ever since the City's Task Force began meeting in 2011.
That leadership continues with today's blunt recommendation to deny the Trinity East permits. Below is the entire editorial in its entirety, which contains as good a synopsis and talking points about the situation as you'll find.
Meanwhile we only have 24 more hours to fill-up the City Council's mail boxes with your messages of opposition to these awful permits. Please click here to take you to our automatic e-mail system or see this alert for the Council's e-mail addresses. Then join us downtown at City Hall tomorrow afternoon at 12:30 pm for the historic vote and come celebrate with us at Lee Harvey's afterwards.
Editorial: Dallas City Council, vote no on gas drilling plan
After months of sidestepping the issue, the Dallas City Council now must do the right thing Wednesday — deny Trinity East’s application for permits to drill on parkland and flood plains around the Elm Fork of the Trinity River.
This shouldn’t be a difficult vote. The Dallas Plan Commission twice considered and rejected the permit application — the correct vote because existing city policy bars drilling on the surface of parkland. Now the City Council should step up and also reject Trinity East’s proposal.
In 2008, the city sold lease rights to drill on city-owned land to Trinity East for $19 million and used the money to help balance the budget. It was an ill-conceived decision, prematurely pushed through for budgetary reasons before city officials had decided how they would regulate drilling within city limits.
Due to low prices for natural gas, the project remained dormant until Trinity East revealed plans late last year to build a compressor station and drill on the surface of parkland. The controversy heightened this spring when news broke that former City Manager Mary Suhm had privately told Trinity East she would help it win the right to drill on parkland at the same time she was publicly assuring the council that she would not support drilling on city parkland. The proposal became such a tangled mess that this editorial board sharply criticized City Hall for lack of transparency and due diligence and urged denial of Trinity East’s application.
Trinity East needs 12 of the 15 council votes to override the Plan Commission decision and grant the drilling permits. Council members Scott Griggs, Philip Kingston, Sandy Greyson and Adam Medrano are solidly on record against the proposal, and at least two others, Carolyn Davis and Monica Alonzo, indicated in The Dallas Morning News Voter Guide last spring that they opposed gas drilling.
We hope the council has learned from this debacle and will deliver a “no” vote Wednesday.
The Trinity East proposal is the wrong plan at the wrong time. Before City Hall considers another drilling proposal from any company, officials must transparently develop a tough new drilling ordinance that protects Dallas neighborhoods. The Plan Commission is in the process of writing an ordinance that, among other things, we hope provides safe setback distances from homes and schools, addresses water use in droughts and continues the ban on gas drilling on the surface of parkland.
Gas drilling can be done safely in an urban area if the proper safeguards and setbacks are adopted. Dallas needs to deny the Trinity East plan and then take the time to write rules that are in the best interest of all residents.
Final Trinity East Gas Permit Showdown: Send an e-mail Now, Testify on Wednesday, and Then Celebrate After the Historic Vote
This Wednesday, August 28th, sometime after lunch, the Dallas City Council will finally decide the fate of the three Trinity East gas permits that have refused to die since they were foisted on residents by Mayor Rawlings just after Thanksgiving. This looks to the definitive last nail in the coffin of the "Zombie Permits" that are so bad, even the considerable contorting of the permitting process by the Powers-That-Be could not save them from not one, but two denials by the City Plan Commission.
Council members Adam Medrano, Scott Griggs, Philip Kingston, and Sandy Greyson have all committed to voting against the permits. Normally that would mean defeat in a 15-member Council, but since the Plan Commission voted to deny, the rules say it takes a super-majority of 3/4 of the Council to overturn such a denial. With these four council members on our side, we have exactly the number to prevent a super majority of approval, with no room to spare.
So we need your help again to make sure this happens and that this is the last time we call folks out to fight these very bad permits. We're asking you to do three things:
1) Spend 30 seconds sending an e-mail to all 15 Dallas City Council members that urges them to vote against the permits on Wednesday. Since we only have about 24 hours left before the vote, please do this now by stopping by our "Featured Citizen Action" page here.
This form e-mail has some good talking points for Wednesday but you can also add your own comments at the end if you like.
If you don't want to use that system, please feel free to compose your own e-mails and send them to the council at these addresses:
jerry.allen@dallascityhall.com, District11@dallascityhall.com, jennifer.gates@dallascityhall.com, monica.alonzo@dallascityhall.com, tennell.atkins@dallascityhall.com, dwaine.caraway@dallascityhall.com, carolyn.davis@dallascityhall.com, sandy.greyson@dallascityhall.com, scott.griggs@dallascityhall.com, vonciel.hill@dallascityhall.com, sheffield.kadane@dallascityhall.com, adam.medrano@dallascityhall.com, rick.callahan@dallascityhall.com mike.rawlings@dallascityhall.com, philip.kingston@dallascityhall.com,
But time is of the essence. Please do this right now. Let's make sure they know we're still watching them.
2) Come down to City Hall at 12:30 pm and be prepared to tell the City Council why these permits should be denied. Since the permits are regular agenda items, anyone can can sign-up and speak about them for 2 minutes each. We need a lot of speakers to balance out what we expect to be another attempt to turn out folks from the industry. It's late-breaking concern over what Dallas is doing is the highest compliment to the effectiveness of your work so far. Don't let it go for naught by taking this last piece of action for granted. This is the first vote by a Dallas City Council on gas permits. It's the first time any of these Council members will have voted on anything to do with gas drilling. It's a landmark vote. We need you to be there to demonstrate not only your widespread opposition to the Trinity East permits, but your support for a much stronger gas ordinance. This is the same council that will be receiving the final draft of the new gas drilling ordinance in just a month.
With these Trinity East permits, there is always the chance of last-minute skullduggery by the Mayor and staff to try and win approval by applying heavy pressure about lawsuit threats etc. We need you there in numbers to prevent such a last-minute move from being successful, or as a last-resort, to raise Holy Hell if it does.
3) Come Celebrate a Citizens Victory. After what we hope will be a victorious vote Wednesday afternoon, you're invited to drive a few blocks down from City Hall to a nice little bar and restaurant called Lee Harvey's (1807 Gould St Dallas, TX 75215 214-428-1555) to celebrate. Our fight against these permits has seen the modern maturation of the Dallas environmental movement as a force to be reckoned with. We've created the most successful citizens coalition in recent memory. This has been, as the Morning News stated, one of the most important zoning fights in Dallas history, not to mention public health and safety. These kinds of victories are too few and far between not to be officially recognized. We know you've spent a lot of time fighting these permits, now please come spend an hour or so reveling in your success. You deserve it.
However, If something unexpected does occur and somehow the permits are still alive on Wednesday afternoon, we'll need a watering hole close by to debrief and plan, so come on over and plot with us win, lose or draw.
To recap, three easy steps to killing the TrinityEast zombie gas permits:
1) Send an e-mail to the Council right now.
2) Bring your butt down to the 6th floor Council chambers at City Hall again at 12:30 pm Wednesday and show this City Council these permits and their scandal still matters to you. Don't let industry out-organize you now.
3) Bring you butt over to Lee Harvey's after the Council's vote to celebrate or commiserate.
See you on Wednesday. Thanks for all your effort on this issue.