The Biggest Fracking Fight That Isn’t Being Fought – DFW Air Plan Mtgs This Month

fracking-protests-uk-620xaSince fights over fracking began in the Barnett Shale, they've been mostly fights over specific permits, leases, or rules fought in one city at a time.

Other than an occasional trip to Austin or DC to stop or support some piece of legislation, the action takes place in whatever community is putting up the most resistance. Front lines are fragmented and move around a lot. There's not a single cause that's united the energy from the multitude of ad hoc groups and individual "fracktivists" into a focused campaign for regional change. The closest thing to more encompassing battles have been the recent victories in Dallas and the current kickass campaign in Denton. These feel like old Cold War skirmishes – proxy clashes standing in for the on-going larger war over the Barnett Shale's soul. 

But from now until the summer of 2015 there's a regional fracking fight waiting to be fought. It involves new bureaucracies and terms and mechanics, so it makes a lot of traditional fracking foes nervous. But the payoff is the potential to affect change throughout a 10-county area, including the heart of the urban Barnett Shale – Tarrant, Parker, Denton, Johnson, Wise and Ellis – as well as Dallas, Collin, Kaufman, and Rockwall.

What's the fight? It's over the new regional anti-smog plan, called a State Implementation Plan, or SIP. When a region hasn't met the federal standard for smog, also called ozone, it has to submit a plan to the EPA to explain how it's going to comply by the end of a three-year deadline. Despite at least three previous plans, DFW has never met the 1997 federal standard for smog. It's 85 ppb, or "parts per billion" concentration over 8 hours measured by approximately 20 stationary monitors scattered over the area. The closest we've come has been 86 ppb of ozone in 2009.

The new DFW plan is supposed to be designed to meet an even more ambitious target – no monitor higher than a three-year running average of 75 ppb of ambient air by 2018. We're at 87 ppb now.  To reach the new goal, DFW would have to drop 12 parts per billion in ambient smog levels in four years -something that's never happened before.

Ozone/smog is created by a combination of Nitrogen Oxides (NOx) from combustion sources and Volatile Organic Compounds (VOCs) from combustion sources and evaporation sources mixing in daylight. The more sun, the more ozone.

What are combustion sources of NOx and VOCs? Power plants and cement kilns. Every boiler and furnace and oven. Every internal combustion engine. Every diesel engine. Anything with a flame or a spark.

What are evaporation sources of VOCs?  Gasoline pumps,tanks and paint shops. 

An anti-smog plan is supposed to look at all the sources of smog-forming pollution in a region and find the cheapest and easiest ways to reduce it. Past plans have been responsible for putting more controls on coal-fired power plants and the Midlothian cement plants, as well as creating HOV lanes and tightening inspection standards for vehicles. But one large category of smog-forming emissions has been left largely untouched by past air plans – the gas and oil industry.

It's not because gas and oil sources aren't capable of contributing to DFW smog. Start with all the trucks that are needed for each well and the NOx and VOC emissions they produce. Then the drilling rig itself. Some cities now require electric motors, others still allow diesel and the NOx and VOCs they produce. Think about all the chemicals being dumped into a well and then flowing back out, many of them VOCs. Flares are sources of both NOx and VOCs. Storage tanks and pipelines are huge sources of escaped evaporated VOCs. Diesel compressors are huge sources of NOx. There isn't a part of the oil and gas fuel cycle that doesn't produce smog-forming pollution.

It's not because the oil and gas emissions are insignificant.  In 2011, the Texas Commission on Environmental Quality estimated that the VOCs being released by all the oil and gas facilities in the DFW area were greater than the volume of VOCs being released by all the cars and trucks on the road in the same region. In 2012, a Houston Area Research Council report estimated that a single flare or compressor could raise downwind ozone levels 3 to 5 parts per billion as far as five to ten miles away.

No, the oil and gas industry haven't been touched by these state anti-smog plans because the state doesn't want to impose new regional regulations on an industry. It's nothing personal. Austin doesn't want to impose new regulations on any industry. The last serious SIP was in 2007 – before the Barnett Shale boom and Rick Perry's presidential campaign. Since then, it's been one excuse after another from TCEQ about why no new controls are necessary – even though DFW air quality progress has stopped and we're still in violation of a 20-year old smog standard.

It's also true that the oil and gas industry hasn't been touched by an air plan because no one's made them. No DFW anti-smog plan has been the focus of a fracking campaign like the recent Dallas Trinity East permits, or the Denton petition drive.  There been no pressure on state government to respond to a regional demand for action.

But the new DFW air plan does offer gas activists a chance to get reforms outside of their own city limits. For example, it could be the goal to include mandatory electrification of compressors in this plan. It's been estimated that 60 % or more of the air pollution from the gas fuel cycle comes from compressors. Electrification doesn't solve all their air pollution problems but it takes a huge bite out of them because the compressors are no longer being run by locomotive size diesel engines. Electrification of new compressors and a phase-in to replace existing diesel engines could reduce not just smog pollution, but toxic air pollution and greenhouse gases by thousands of tons a year.

Even if Austin rejects such proposals, there's a part of every plan called the "Weight of Evidence" category that's more inclusive to voluntary measures. A recommendation for cities and counties to demand electrification of all compressors in the DFW region isn't as immediate as a state-sponsored mandate, but it's an official good housekeeping seal you can take to local city councils and pass one by one until it does become a de facto regional policy.  This is exactly what happened with Downwinders' Green Cement procurement campaign from 2007-2011 aimed at getting rid of old wet cement kilns in Midlothian. A short recommendation to local governments about where to buy their cement in the 2007 SIP was turned into a model ordinance by Dallas and then passed by a dozen other entities, one by one, over the next two years. by the end of this year, there will be no wet kilns lift in Midlothian.

The same thing could happen with compressors in this new plan, or green completions, or tanks, or pipelines in this new DFW air plan – if activists are willing to invest the same amount of time and energy into a regional fight as they do in their own backyard battles.

You have a couple of chances in April to dip your toes into the SIP Process. This coming Sunday, April 6th, from 3 to 5 pm at the Texas Campaign for the Environment office in Dallas, State Rep Lon Burnam and Downwinders at Risk will be hosting a strategy meeting for folks who want to know more about how to take advantage of this new air plan. Central to this strategy is involving more gas activists to win a regional fight, so y'all come.

Then on April 17th, at 10 am at the North Central Council of Governments Headquarters in Arlington, there's a meeting of the SIP "technical committee" that will be hearing presentations from the state and others about DFW's smog problem. Don't let the "technical committee" name fool you. These are open to the public and anyone can attend. In fact, this is your chance to ask questions of the state and the experts.

And to make it more interesting, we think we've managed to convince the Powers That Be to include UNT graduate student Mahdi Ahmadi's presentation on Barnett Shale contributions to DFW ozone as part of the April 17th meeting. This was the study recently featured by Peggy Heinkel-Wolfe in the Denton Record Chronicle:

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.

If this one fails, another new air plan will not be due until at least 2019 or 2020 at the earliest. This is our only chance until then to affect the gas industry over a wide area instead of just one permit or one city at a time. Let's try to make it count.

DFW Anti-Smog Plan Strategy Meeting

Sunday April 6th 2-5 pm

Texas Campaign for the Environment Offices

3303 Lee Parkway #402 • Dallas, TX 75219 – across from Lee Park

Hosted by St. Rep. Lon Burnam and Downwinders at Risk

 

DFW Air Plan Committee Meeting – open to the public

10 am to 12 noon

Thursday April 17th

North Central Texas Council of Governments

616 Six Flags Drive, Arlington  – across the street from the amusement park

 

A Barnett Shale Manifesto…From Austin

Downwinders' INHALER FIST 1 copySometimes 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.

What are the Pollution Impacts of the New Liquified Natural Gas Plant Announced for Midlothian?

ANGF facility in Topock, ArizonaIf you're already hosting the three or four largest single sources of air pollution in the entire region you need new large industrial sources of crap like a hole in the head. Likewise, if you've already violated the Clean Air Act for decades the last thing you need are new large sources of smog-producing pollution.  But that's exactly what's happening with the announcement last week that a new Liquified Natural Gas (LNG) plant is being proposed for Midlothian's Railport Industrial Park, located between Midlothian and Venus on Highway 67, directly below, and upwind, of the Dallas-Tarrant County line.

Applied Natural Gas Fuels (ANGF) put out a press release on March 21st that touted the purchase of 31 acres for a facility that would house "five liquefaction units, each able to produce 86,000 gallons of fuel daily, and total onsite storage of 1.5 million LNG gallons."

 

"In preparation of building the facility, which was announced last September, ANGF has purchase orders for all long-lead time items, such as storage tanks, production skids and electric motors and compressors, the company said.

The plant seeks to supply both road transportation and other off-road high-horsepower applications, such as rail, marine, mining, remote power generation and oilfield exploration/production (E&P) operations."

LNG plants take natural gas and cool it to minus 260 degrees F, at which point it becomes a liquid. This allows the industry to be able to store and move it compactly. It's been described as reducing the air out of a beach ball to shrink it to the size of a ping pong ball.  But it also greatly increases the chances of accidents. If there's a leak or spill from a tank or pipeline the LNG would convert back to a gas. As it diluted with air, the natural gas/air mixture could become potentially explosive if the concentration of natural gas in air reached between 4% and 17%. In this range, any source of ignition (cell phone, cigarette lighter, attic fan, light switch, auto or boat engine spark plug, carpet spark, etc.) could ignite a vapor cloud and impact a large area.

 

ANGF already operates an LNG plant in Topock, Arizona, only three miles on the other side of California's border – and tougher regulations. At the same time it's building its new facility in Texas, the company is also doubling the capacity of the Arizona plant. According to an online document about the company's current operations from the Southern California Air Pollution Control District,

 

"…the gas must be stripped of impurities until it's over 98% methane. Co2, H2S, other sulfur components, moisture, mercury, and particles are stripped via acid gas removal and disposal, gas dehydration, mercury removal, and particle filtration…. The emissions associated with these processes include CO, VOC, SOx, NOx, H2S, particulates, and many toxic organic compounds."

That's Carbon Monoxide, a poison everyone's familiar with, Volatile Organic Compounds, a smog-producing class of chemicals like Benzene and Toluene, many of which are also carcinogenic, Sulfur Dioxide, a respiratory irritant which also causes acid rain, Nitrogen Oxide, a smog-producing respiratory irritant, PM pollution that's been linked to everything from heart attacks to Parkinson's, Mercury, a notorious neurotoxin, and oh yes, Hydrogen Sulfide, or "sour gas," a highly toxic and flammable poison that causes pulmonary edema at low concentrations and death at high ones.

 

We don't have specific annual volumes of those pollutants for the Midlothian plant yet, and may never get them if the facility receives a standard permit with only an upper ceiling of emissions, but LNG plants use a lot of energy, and therefore have the potential to emit a lot of air pollution. It appears that the Midlothian plant will be burning natural gas for its power, including huge gas turbine compressors. At much larger LNG export plants proposed for the coasts, these compressors have been the subject of a lot of concern.  Last November, a Canadian wildlife conservation group released a report on a string of proposed LNG plants for British Columbia that estimated the facilities would be burning most of the gas used in the Province,

 

"The report, Air Advisory: The Air Quality Impacts of Liquefied Natural Gas Operations Proposed for Kitimat, B.C., concluded LNG plants permitted to operate primarily with natural gas will collectively burn 60 per cent of all the natural gas burned annually in B.C.

The report concluded nitrogen oxide emissions from the LNG plants would increase 500 per cent above existing levels. Nitrogen oxide emissions create acid rain, which harms waterways and fish and creates smog, which causes respiratory problems for children and the elderly, the report states.

The report also concluded natural gas driven LNG plants will increase emissions in the Kitimat area of volatile organic compounds, carbon monoxide and sulphur dioxide."

As a result of these kinds of concerns, the Canadian government committed to spending over a half million dollars on a study of how the gas industry will affect air quality in this part of British Columbia.

The Midlothian plant will be much smaller, put its impact on local and regional air quality could still be substantial depending on the design and technology. Industrial Hydrogen Sulfide and VOCs are not something you want wafting into your backyard, and anything that makes more smog is bad news for the entire DFW region.

Locating in Railport – itself a piece of heavy-metal contaminated ranch property bought and developed by TXI to prevent further liability issues – the LNG plant adds to the inventory of polluters that call Midlothian home. Three large cement plants, a steel mill, a gas power plant, and other smaller entities have made sure the city is the closest thing to a DFW Ship Channel that we have. Collectively, these facilities emit a kind of super plume of air pollution that spews north into the middle of the Metromess during most of the year. If you live anywhere from SW Dallas to NW Tarrant County, you're already breathing the pollution from Midlothian industry. How much the ANGF facility will add to that plume is not yet known, but any increase is going in the wrong direction. Stay tuned.

Eagle Ford Expose Reveals Weakness in Gas Air Pollution Inventories and That’s Bad News For DFW

Smoggy-FWBy now, many of you have seen the massive eight-month act of journalism that the Center for Public Integrity committed in describing the situation in the Eagle Ford shale play in South Texas. It's probably the most comprehensive look at what it's like to live in Texas fracking hell that's been published, and it rightly got distributed far and wide.

Along with the now-familiar litany of acute human health effects from gas mining – nosebleeds, headaches, skin rashes, respiratory problems – the article also talked about the smog-forming pollution cause by the thousands of small, medium-sized and large gas facilities that invade a shale play. Together they represent a formidable air quality challenge.

Centering on the Buehring family of Karnes City, the piece lists the inventory of gas mining infrastructure surrounding their home. Besides the 50 wells within two and a half miles, they also host,

"….at least nine oil and gas production facilities. Little is known about six of the facilities, because they don't have to file their emissions data with the state. Air permits or the remaining three sites show they house 25 compressor engines, 10 heater treaters, 6 flares, 4 glycol dehydrators and 65 storage tanks for oil, wastewater and condensate. Combined, those sites have the state's permission to release 189 tons of volatile organic compounds, a class of toxic chemicals that includes benzene and formaldehyde, into the air each year. That's about 12 percent more than Valero's Houston Oil Refinery disgorged in 2012.

Those three facilities also are allowed to release 142 tons of nitrogen oxides, 95 tons of carbon monoxide, 19 tons of sulfur dioxide, 8 tons of particulate matter and 0.31 tons of hydrogen sulfide per year. Sometimes the emissions soar high into the sky and are carried by the wind until they drop to the ground miles away. Sometimes they blow straight toward the Buehrings' or their neighbors' homes. 

That's 331 tons a year of smog-forming Nitrogen Oxides and Volatile Organic Compounds released from just a small number of square miles in the Eagle Ford. Just two more collections of facilities like that would equal all the smog pollution coming from the TXI cement plan tin Midlothian – North Texas' single largest smog polluter. It's no wonder then that a San Antonio Council of Governments air pollution model found that Eagle Ford smog pollution would make it impossible for the Alamo City to comply with the new 75 parts per million federal ozone standard.

Moreover, that 331 tons a year figure is just what can be discerned by reading Texas' archaic permitting records. The Center's reporters do a real public service in identifying the loopholes and gaps the system encourages that hide the true air pollution numbers,

Texas' regulatory efforts are also hamstrung by a law that allows thousands of oil and gas facilities—including wells, storage tanks and compressor stations—to operate on an honor system, without reporting their emissions to the state. 

Operators can take advantage of this privilege—called a permit by rule, or PBR—if their facilities emit no more than 25 tons of VOCs per year and handle natural gas that is low in hydrogen sulfide. Two employees in the TCEQ's air permits office—Anne Inman and John Gott—estimate these PBRs could account for at least half of the hundreds of thousands of air permits the agency has issued for new or modified oil and gas facilities since the 1970s.

Operators with this type of permit aren't required to file paperwork backing up their self-determined status, so the TCEQ has no record of most of the facilities' locations or emissions. A chart generated in 2011 by the office of then-TCEQ executive director Zak Covar says the permits "Cannot be proven to be protective. Unclear requirements for records to demonstrate compliance with rules."

Big operators sometimes get a PBR for each component of a facility. Each might be under the 25-ton-per-year threshold that would require a more rigorous permit, but the facility as a whole could emit more than that. 

The TCEQ refers to the practice as the "stacking of multiple authorizations," and the memo from Covar's office said its use "means that protectiveness and compliance with the rules cannot be demonstrated."

But of course that doesn't keep Rick Perry's TCEQ from saying everything is all right. As per usual, officials want to the results of stationary monitors in the region to assure residents that nothing unhealthy is being breathed-in.

"[M]onitoring data provides evidence that overall, shale-play activity does not significantly impact air quality or pose a threat to human health," agency spokeswoman Andrea Morrow wrote in an email."

But in this case, the region, covering a huge area from East Texas to the Rio Grande, has only five such monitors, "all positioned far from the most heavily drilled areas."

Moreover, that's just the holes in the permitting process itself. What about when a facility is a bad actor and has an "emission event' or "upset" where more than the permitted amount of pollution is released for hours or even days at a time?

"The number of emission events associated with oil and gas development doubled between fiscal years 2009 and 2013, from 1,012 to 2,023. The amount of air pollutants released into the Texas air during these events increased 39 percent."

A gas processing plant in McMullen County, in the southwestern portion of the Eagle Ford, reported 166 emission events last year, almost one every other day. From 2007 through 2011, the Tilden plant, owned by Regency Energy Partners of Dallas, discharged 1,348 tons of sulfur dioxide during such episodes. That's more than 30 times the amount it was legally allowed to release during "normal" operations.

Marathon waited three months to report a 2012 incident at its Sugarhorn plant near the Cernys and Buehrings. It released 26,000 pounds of VOCs in 12 hours, 1,000 times more than allowed under its air permit.

But what has this got to do with DFW smog? Everything. Besides the Barnett Shale play entering and enveloping the Metromess from the West, we also have the Eagle Ford and Haynesville shale plays to our South and East – upwind of DFW during our eight-month "ozone season." There are now as many wells in close proximity to DFW up wind as downwind.

Right now, as part of the new anti-smog plan for DFW being drafted by the TCEQ, the state is "re-calculating" oil and gas air pollution emissions and you'll never guess how that's working out – TCEQ is using industry advice to lower their estimates from last time around. At a January 31st meeting of what's left of the local air planning process, the state presented its new study that it's using to revise the considerable amount of air pollution coming from leaks and releases from condensate storage tanks in the Barnett and elsewhere. As of 2012, these releases are estimated by TCEQ to be only 25% of what they were in 2006. See how well that works out? And this number will be plugged into the computer model that then estimates how much of that air pollution turns into smog.

Instead of getting real world numbers for compressor stations, the TCEQ is now using a fomula based on local production and horsepower to estimate emissions, and guess which way this new technique is sending the numbers?

TCEQ is doing everything it can to make sure that the oil and gas air pollution numbers are as low for this new anti-smog plan as they can make them without breaking out laughing. Why? To prevent the call for new controls on these sources, even though everyone knows they're adding to the problem. Oil and gas emissions are the one air pollution category in DFW that's grown in volume since 2006, while others, like the Midlothian cement plants and East Texas coal plants, and even cars, have all gone down. Meanwhile, DFW ozone averages are higher then they were in 2009. Many of us don't think that's a coincidence. But the ideologically-driven TCEQ can't afford to admit the obvious – not while Rick Perry is running for President.

Compare the TCEQ strategy in DFW with the reality described in the Center for Public Integrity's reports from the Eagle Ford Shale and you have two completely different pictures of the amount of air pollution coming from the oil and gas industry. Which do your trust more – the official calculations coming out of Austin, or the secret memos and field reports uncovered by the reporters?

If what's happening in South Texas is also what's happening in the shale plays in and around DFW – and there's no reason to think it isn't  – then the volumes the TCEQ is plugging into its anti-smog plan for the Metromess are off by large factors. That in turn could spell doom for the plan, due to be submitted to the EPA by July of 2015 – a little over a year from now.

This is why it's important for citizens to have their own computing power with their own modeling capabilities. It's the only way to call TCEQ's bluff that it's using all the right information to draft its new clean air plan to EPA. Without the technical know how to be able to look over TCEQ's shoulders and reveal its "GIGO"strategy, our lungs are hostages of Rick Perry's political ambitions.

The next North Texas appearance by TCEQ staff to explain how its estimating – or not – the air pollution from oil and gas industry sources as well as every other source – is scheduled for 10 am on Thursday, April 17th at the HQ of the North Central Texas Council of Governments located at 616 Six Flags Drive – right across the street from the Amusement Park. We need citizens to come out and ask pointed questions about the TCEQ effort to keep us from being taken on another ride to nowhere. Anyone can come and ask questions of the presenters – it's an open forum – and indeed it's the ONLY opportunity citizens have to actually quiz the TCEQ about the process. Please mark the date and try to be there. Meetings usually last until 12 noon or so.  They think you're not paying attention. These numbers and quotes from the Public Integrity Center piece gives you lots of ammunition to prove otherwise.

Between Now and Friday: Tell Them What They Can Do With Their Smog

Dallas smog aerialFrustrated that Rick Perry's Texas Commission on Environmental Quality isn't doing enough to end DFW's chronic smog problem, the local "Council Of Governments" has issued a "Request for Information" asking for the public's help in suggesting ways to reduce ozone pollution in North Texas.

Please use our Click N' Send E-mail form to make sure they get the message that the public wants:

1) State-of-the-Art pollution controls on huge "point  sources" of pollution like the Midlothian cement kilns and East Texas power plants.

2) New pollution control equipment and strategies to reduce the air pollution from the thousands of natural gas facilities mining the Barnett Shale.

3) Inclusion of all trucks and off-road vehicles in the state's vehicle maintenance and inspection program.

You can also add strategies or ideas of your own as well. Just click here, fill out the e-mail and send it in to be counted.

It takes as little as 30 seconds.    

BUT YOU ONLY HAVE  UNTIL 5 pm FRIDAY, VALENTINE'S DAY.

______________________________________________________________

Austin Doesn't Care About DFW Smog –
That's Why We Have To
 

Rick Perry's TCEQ is so discredited on the matter of DFW smog, local officials usually working in concert with the state agency are now looking elsewhere for help.

Ever since DFW was required to write and submit new clean air plans, The North Central Texas Council of Governments has been the local vehicle used by the state to funnel information, concern, and ideas back and forth.

It was never easy to get Austin's attention or convince the Powers That Be of the need to take bigger clean air measures. It took a decade for Downwinders to get the State to admit that the Midlothian cement plants had a huge impact on local air quality before they were the targets of new controls.

But ever since Rick Perry began running for President in 2010, it's been impossible for Austin toget serious about any DFW clean air plan. For the past four years, TCEQ has claimed that it can reduce air pollution enough by doing nothing.

That strategy has been a dismal failure. New car buying in the middle of the worst economic downturn since the 1930's was the TCEQ clean air plan in 2011. Austin promised that if we just sat back, we'd have the lowest smog levels ever recorded. Instead we had worse air pollution levels than we did five years ago.

This time round, TCEQ is saying a new EPA-mandated low-sulfur gasoline mix in 2017 will be the region's savior for the new clean air plan that's supposed to be successful in reaching the new federal ozone standard of 75 parts per billion in 2018. We're at 87 ppm now – still in violation of the old 1997 standard.

Just watch this new fuel being added to cars and see the ozone numbers drop, TCEQ is saying. No need to put controls on gas facilities, or cement kilns, or power plants. Nothing that would give Rick Perry's opponents on the Right any opportunity to claim he was "anti-bidness."

Even the Council of Governments isn't buying it.

That's why, in their own bureaucratic fashion, this Request for Information that the COG has issued is it's own middle-of-the-road middle finger to TCEQ.

Usually, it would be the state facilitating a discussion of new air pollution control strategies, but since it's obviously not interested, the COG has decided to go its own way. That's how bad things have gotten in Austin – even their most reliable allies in DFW can no longer take them seriously.

It's not clear what will happen to the list of control measures that the Council of Governments is assembling. Some might receive some more official attention, but locals have no authority to write or override Austin's decisions. TCEQ is the only entity that's authorized to submit a new clean air plan to EPA by the June 2015 deadline.

But there are ways to use the useless clean air plans that Austin is submitting. Downwinders' own green cement campaign is a great example.

In 2007, we successfully inserted a voluntary air pollution control strategy into the TCEQ plan revolving around the purchasing of cement from newer cleaner "dry" kilns by local North Texas governments. We then took that "green cement" procurement option and went to Dallas to pass the nation's first green cement ordinance. Then Fort Worth passed it. Then Plano. Then Arlington. Then Denton. Then Dallas County. Then Tarrant County.

Within two years, we had established a de facto moratorium on dirtier "wet kiln" cement within at least a dozen municipal and counties. Combined with federal rule changes, we were able to get all Midlothian wet kilns closed. The last one is being  be converted to a dry kiln this year. All while Rick Perry was governor. 

The same thing could happen with a good "off-sets" policy for gas facilities if a local city of county could pass a template ordinance showing the way. Currently, most of the gas industry is exempt from being required to "off-set" their air pollution in smoggy "non-attainment" areas like other large industries in DFW. Take away this exemption and you'll see a swift decrease in gas industry air pollution.

It's these kinds of strategies that don't depend on action from Austin that offer the greatest potential for progress this time around.

TCEQ has never written a successful clean air plan for North Texas, and it's not going to start now. But citizens themselves can take their lungs' fate into their own hands and begin to build a system of local measures that can make breathing easier.

______________________________________________________________

CALENDAR AND STATUS REPORT OF DFW'S NEWEST CLEAN AIR PLAN

Goal of the new plan:
Reach a 3-year rolling average of no more than 75 ppm of ozone at all 18 DFW area air monitors.
 
Due date for submission of new plan to EPA:
June 15th, 2015
 
Due date for attaining the 3- year rolling average of 75 ppm of ozone or below at all 18 DFW air monitors:
June 15th, 2018
 
Current DFW 3- year rolling ozone average:
87 ppm
 
DFW 3-year rolling ozone average in 2010:
86 ppm
 
Number of DFW air monitors in 2014 with a current 3-year rolling ozone average of 75 ppm or less:
2: Greenville and Kaufman
 
Next public meeting in North Texas to discuss the new DFW clean air plan:
10 AM
April 17, 2014,
Executive Board Room
NCTCOG Offices
616 Six Flags Drive
Arlington, 76011

 

End of an Era: TXI Cement Sold To Martin-Marietta

Martin Marietta Kiln #5In a $2 billion deal, Raleigh, North Carolina-based aggregate and crushed stone manufacturer Martin Marietta Materials (a separate spin-off on the more well-know aerospace conglomerate) bought Dallas' own TXI Cement, which opened its first cement kiln in Midlothian in 1960. 

This year, that kiln, along with the three other obsolete wet kilns at TXI's Midltohian plant that burned hazardous waste for two decades, is due to be demolished, following the company's corporate demise at the hands of the grandson of its founder. And then, the last remnants of the old TXI will be gone for good.

What does the change in ownership mean for breathers in North Texas?

Martin Marietta has owned and operated cement plants around the US in the past, but they'd divested themselves of these prior to 2014. As of now, the TXI cement plants in Texas and California are apparently the only ones the company owns. There's some speculation that Martin-Marietta bought TXI for its aggregate, stone, and concrete facilities in Texas and California, and will soon seek a buyer for the cement plants it inherited, but doesn't really want.

If that's true, the new owners will act as placeholders of the status quo, not investing in big new capital projects, but also trying not to lose any of the value of the assets they now have by running them into the ground. Martin probably won't look favorably upon attempts to bring smog-reducing modern Selective Catalytic Reduction (SCR) technology to TXI via the next clean air plant for DFW, now due in June of 2015. Not only would the plant be among the first to adopt the technology in the US, (even though SCR has been successfully used in European cement kilns for over a decade now), but it would mean new capital investment and a new learning curve.

Swiss-based Holcim Cement, with a huge plant already in Midlothian and a large manufacturing footprint in the US, was rumored to be one of TXI's suitors before the sale was announced. It could be that Holcim, or another well-established player in the cement industry winds up with the actual kilns in the next year. That could complicate the plant's participation in the new clean air in other ways even if new owners are not as intimidated by the demand for new technology

Politically, it'll be interesting to see which Austin lawyers and lobbyists get the business of the new company. Martin-Marietta owns over 40 facilities in Texas already and is represented by it's own crew. Will TXI's law firm and lobbyists survive the buy-out? There are industry lobbyists that will keep the ball rolling no matter what – the Chemical Council, the Aggregate Association, etc. But in Austin, it's all about relationships, and it's hard to say yet how this Martin's buying of TXI changes any of them.  

Maybe the place TXI's absence will be felt the most in in the corridors of power in DFW. TXI was proudly headquartered in Dallas. Ralph Rogers, TXI's founder and patriarch was a driving force in local philanthropy, giving millions to public broadcasting (KERA is housed is housed in the "Ralph Rogers Communications Center") and other non-profits. Besides feeing like he was entitled to use PBS's iconic Big Bird to sell the benefits of burning hazardous waste in 50-year-old cement kilns, the non-profit giving Rogers was responsible for made him a known figure on the Dallas Charitable circuit. In turn, this made it hard for the Powers That Be to criticize Roger's company when it became a waste incinerator.

Locally, the establishment played golf with the Rogers' or attended black tie dinners with them, or helped them lift the oversized scissors at ribbon-cutting ceremonies. But that was old Dallas. Hardly of those relationships survived past Ralph Rogers' death in 1997. His son, Robert, failed to maintain that same high-profile locally, and his grandson Jamie seems totally disinterested in the family business or its legacy of charitable giving.

Now, the move of company headquarters from Dallas to Raleigh will complete the disappearance of the once-mighty TXI on the local scene. They'll still be company representatives at functions, but it won't be the guy who can write the big checks, or who the Mayor had a splendid time with last Saturday at the Club.

The company's local political influence has forever been diminished, and that's a good thing for citizens who are fighting the company to get modern controls like SCR. Now, it's just one more corporate entity with a presence in North Texas. A presence that makes it the single largest air polluter in the region. That's the way Dallas and other downwind cities should have viewed the company all along.

Physicians for Social Responsibility Talk This Thursday Night

psrfinalogoChris Masey
Texas Director of Physicians for Social Responsibility
 
Thursday, January 9, 2014,
7:00 – 8:30 p.m.
White Rock United Methodist Church, Room 202
1450 Oldgate Lane
Dallas TX 75218

 

DFW has a lot of things, but one thing we do not have is a group of medical professionals who speak out for environmental health when it's threatened by pollution or other human-made disasters. Nationally, the group Physicians for Social Responsibility (PRS) has filled this role for over 50 years now. Founded in 1961 to make the medical case against a "winnable" nuclear war, the organization has morphed into a strong voice for clean air and water from a public health point of view.

Despite being a national center of medical research and care, DFW doesn't have a local chapter of PSR. But this Thursday, Chris Masey, the Austin-based Texas Director of the group will be in Dallas to talk about their connection to current energy and environmental fights, including the one against aging East Texas coal plants that were the subject of a Dallas County Medical Society petition to the Texas Commission on Environmental Quality.

His visit is sponsored by Dallas Interfaith Power and Light. Its scheduled for this Thursday beginning at 7 at the White Rock Methodist Church on  Oldgate Lane. Here's what their blurb says about the talk:

Chris will speak about air quality as a crucial key to human health including fossil fuels background and information, specific toxic emissions, air as a carcinogen, climate disruption, and the shifting patterns of infectious diseases. Chris’s lecture will also include information about Texas PSR, and ongoing advocacy efforts to phase out and close coal-fired power plants and to advocate for stricter carbon emission standards.

More about our speakers: Chris Masey, MBA, is a eighteen-year environmental professional who has worked on a diverse set of projects throughout Texas focusing on public health, conservation, land stewardship, alternative energy sources, recycling, and environmental and solid waste planning. During the last two years, Chris has proudly helped guide Texas PSR (formerly Austin PSR) to become the largest environmental advocacy group led by healthcare professionals in Texas! Chris’ dedication to environmental sustainability is grounded in his love of Texas and the desire for his family to continue to enjoy clean air, clear water, and wide-open spaces.

If you're a medical professional who's interested in helping out citizens in need, or you know someone who fits thst description, please consider attending this Thursday's meeting. There's really no excuse for a metropolitan area the size of DFW not to have a cadre of concerned doctors and nurses who can speak put against fracking close to homes or burning plastic in cement kilns, or just confirm for some of our more aggressively ignorant elected officials that indeed, smog and lead are bad for people. With any luck, perhaps Chris Masey's appearance here this week can begin a conversation that leads to such an effort. It is way overdue. See you there.

What Would A TXI Sale Mean to DFW Air?

TXI For SALEAccording to the Dallas Morning News, TXI Cement is up for sale with at least two possible buyers, Vulcan and Holcim, mentioned in last Friday's story. Along with kilns in California, the company's Midlothian and Hunter, Texas cement plants are on the block as part of the deal.

As the news reports note, the timing is a little strange in that the construction industry, the barometer for all things cement, is only now rebounding out of its Great Recession doldrums, and TXI's profits are nowhere near it's pre-collapse heights. It could be that the latest generation of the Rogers' family to run the firm isn't all that interested in keeping it running, or that the two largest and restless corporate shareholders, who now own 51% of the company, are anxious to deal.

Of the two suitors listed in the News article, Holcim is one of the industry's international giants that has the large cash reserves, while Vulcan is smaller, US-based, and considered more of an Aggregates business with some cement plants in Florida.

On the other hand, Holcim already operates a huge cement plant across the street from TXI in Midlothian. It's hard to imagine the company needing to double its manufacturing capacity in DFW. But perhaps TXI's California market share makes the deal look attractive as a whole and the Midlothian plant would be spun off to a third party. For Vulcan, it looks like a way to go from a regional powerhouse to a national one by buying plants in two large, influential state economies.

Holcim is a leader in the new waste-burning revival within the cement industry. Its Midlothian cement plant already has a permit to burn a long list of industrial wastes, although it's not as long as TXI's. During the economic downturn,TXI was given permission by Rick Perry's TCEQ (without public notice or participation) to burn a variety of new wastes like car "fluff" and plastics , but reportedly didn't have the capital to build the infrastructure needed to convey the wastes to the kilns. A new owner like Holcim might have the cash to fix that, and fixing that would mean lots more waste-burning.  Buying TXI's Midlothian plant would mean buying its waste-burning permits as well, opening up new waste markets for Holcim without having to go to the trouble of a permitting process.

If Vulcan or some other middle-size player buys TXI, you can be sure they'll run the plants 24/7 as much as possible to recoup their investment and take advantage of better economic times. More production equals more air pollution, even with more modern controls forced by recent clean air plans and citizen campaigns.

But it's also possible to imagine a scenario where Holcim buys TXI, uses it's Midlothian limestone quarry to add to its own local reserves, but doesn't necessarily have the incentive to run both cement plants into the ground to justify the purchase price.

A sale of TXI by the Dallas-based Rogers family would be milestone in the industry, and in North Texas. TXI opened its first cement kiln in Midlothian in 1960. You can still see it there on Hwy 67, along with three other, older "wet" kilns that operated for 48 years before being shut down in 2008. They're all scheduled to be demolished later this year, leaving only the circa-2000 TXI Kiln #5 as a landmark. The times, they are a changin'. Stay tuned.

 

Better Living Avoiding This Chemistry: An Industrial Toxic Primer

Haz mat suit - picnic tableEven though this EcoNews article is about air poisons that result from fossil fuel production, it applies to just about any combustion source, including cement plants, manufacturing plants, vehicles, and so on. It's a pretty good top ten list, although you wonder why Dioxins and Furans got left off, since they're toxic by the gram instead of pound. Also missing is Particulate Matter as a stand alone threat, although it gets a shout out as a by-product. Nevertheless, these are the among the most dangerous pollutants that have caused and are still causing a lot of problems in North Texas and elsewhere:

1. Benzene

Benzene is a well-established carcinogen with specific links to leukemia as well as breast and urinary tract cancers. Exposure to benzene reduces red and white blood cell production in bone marrow; decreases auto-immune cell function (T-cell and B-cells); and has been linked to sperm-head abnormalities and generalized chromosome aberrations.

Benzene is one of the largest-volume petrochemical solvents used in the fossil fuel industry. It is a major component in all major fossil fuel production: oil, coal and gas. People are exposed to it from inhaling automobile exhaust and gasoline fumes, industrial burning such as oil and coal combustion, and exposure to fracking fluids.

There's a recent Emory University study concluding that risk for leukemia fell with every mile between a person's home and facilities that release benzene.

2. & 3. Sulfur Dioxide (SO2) and Nitrogen Oxides (NOx)

Sulfur dioxide (SO2) and nitrogen oxides (NOx) are two primary examples of particle-forming air pollutants (particulate matter). Particulate matter is known to contribute to serious health problems, including lung cancer and other cardiopulmonary mortality. SO2 and NOx are both highly toxic to human health, and contribute directly to thousands of hospitalizations, heart attacks and deaths annually.

SO2 is particularly dangerous for children. Studies correlate SO2 emissions from petroleum refineries—even in lower exposure levels over time —to higher rates of childhood asthma in children who live or attend school in proximity to those refineries. Similarly, small particles of NOx can penetrate deeply into sensitive lung tissue and damage it, causing premature death in extreme cases. Inhalation of such particles is associated with emphysema and bronchitis.

4. Petroleum Coke (Pet Coke)

Pet coke is a by-product of oil processing that's also used as a fuel. It's a heavy dust which resembles coal. It's burned in power plants and cement plants. It contains dozens of dangerous chemicals and heavy metals, including chromium, vanadium, sulfur and selenium. It's a huge contributor to particulate mater and NOx and SOx formation 

5. Formaldehyde

Formaldehyde is a carcinogen with known links to leukemia and rare nasopharyngeall cancers, according to the International Agency for Research on Cancer. Formaldehyde is highly toxic regardless of method of intake. It is a potent allergen and genotoxin. Studies have linked spontaneous abortions, congenital malformations, low birth weights, infertility and endometriosis to formaldehyde exposure. Epidemiological studies link exposure to formaldehyde to DNA alteration. It is also contributes to ground-level ozone.

Independent studies,  have detected dangerous levels of formaldehyde in both wastewater and ambient air emissions from fracking operations. One researcher, with the Houston Advanced Research Center, said reading from one test site in North Texas, “astoundingly high,” and, “I’ve never heard of ambient (formaldehyde) concentrations that high… except in Brazil.”

6. Polycyclic Aromatic Hydrocarbons (PAHs)

In actuality, this is not a single listing—polycyclic aromatic hydrocarbons (PAH) is an entire class of toxic chemicals, linked together by their unique chemical structure and reactive properties.

Many PAHs are known human carcinogens and genetic mutagens. In addition, there are particular prenatal health risks: prenatal exposure to PAHs is linked to childhood asthma, low birth weight, adverse birth outcomes including heart malformations and DNA damage.

Additionally, recent studies link exposure to childhood behavior disorders; researchers from Columbia University, in a 2012 Columbia University study, found a strong link between prenatal PAH exposure and early childhood depression. Infants found to have elevated PAH levels in their umbilical cord blood were 46% more likely to eventually score highly on the anxiety/depression scale than those with low PAH levels in cord blood. The study was published in the journal Environmental Health Perspectives.

7.  Mercury

Mercury is a dangerous neurotoxin emitted from coal-fired power plants and any other combustion source using coal for fuel – like the Midlothian cement plants. It damages the brain and the nervous system either through inhalation, ingestion or contact with the skin. It is particularly dangerous to pregnant women and children. It is known to disrupt the development of the in-vitro brain. In low doses, mercury may affect a child’s development, delaying walking and talking, shortening attention span, and causing learning disabilities. High dose prenatal and infant exposures to mercury can cause mental retardation, cerebral palsy, deafness and blindness. In adults, mercury poisoning can adversely affect fertility and blood pressure regulation and can cause memory loss, tremors, vision loss and numbness of the fingers and toes.

One out of every six women of childbearing age in the U.S. have blood mercury levels that could be harmful to a fetus, according to EPA reports. The EPA estimates that  300,000 children are born each year at risk for significant development disorders due to mercury exposure.

8. Silica (Silicon Dust/Sand)

Crystalline silica (“frac sand”) is a known human carcinogen; breathing silica dust can lead to silicosis, a form of lung disease with no cure. This is a hazard in the cement industry and threat to those living downwind of cement plants, and now it appears to be one for natural gas roughnecks and adjacent homeowners as well.

Silica is commonly used, in huge amounts, during fracking operations. Each stage of the process requires hundreds of thousands of pounds of silica quartz–containing sand. Millions of pounds may be used for a single well.

The presence of silica in fracking operations, simply put, is a major safety risk with a high likelihood of dangerous exposure. Case in point: researchers from the National Institutes of Occupational Safety and Health (NIOSH) recently collected air samples at 11 fracking sites in five different “fracking states” (CO, ND, PA, TX and AR) to evaluate worker exposure to silica. Every single site had measures higher than the NIOSH threshold for safe exposureso high, in fact, that about one-third of the samples collected were even above the safe threshold for wearing a safety respirator mask. This was reported in May 2013 in the Journal of Occupational and Environmental Hygiene.

9. Radon

Radon is a colorless, odorless, tasteless radioactive gas which causes lung cancer. It is the second largest cause of lung cancer in the U.S. after cigarette smoking. About 20,000 people per year die from lung cancer attributed to radon exposure according to the National Cancer Institute. Further, there is no known threshold below which radon exposures carries no risk.

Radon exposure can come from a variety of natural sources. However, fracking (natural gas) represents a significant new and increased source of radon exposure to millions of citizens. Radon is released into local groundwater and air during fracking operations. It also travels through pipelines to the point of use—be it a power plant or a home kitchen.

The science behind radon release and exposure is complex but explained well here by Christopher Busby, the Scientific Secretary of the European Committee on Radiation Risk, who warns that radon dangers from fracking “have not been addressed properly (or at all) by the environmental impact statements published by the operators, or by the Environmental Protection Agency in the USA.”

10. Hydrofluoric Acid (HF) / Hydrogen Fluoride

Hydrofluoric acid (HF) is “one of the most dangerous acids known.” HF can immediately damage lungs, leading to chronic lung disease; contact on skin penetrates to deep tissue, including bone, where it alters cellular structure. HF can be fatal if inhaled, swallowed, or absorbed through skin.

The senior laboratory safety coordinator at the University of Tennessee said, “Hydrofluoric Acid is an acid like no other. It is so potent that contact with it may not even be noticed until long after serious damage has been done.”

Hydrofluoric Acid is a common ingredient used in oil and gas extraction.

Numerous studies, including recent ones conducted by both The Center for Public Integrity (CPI) and the United Steelworkers Union (USU) cite the oil industry’s abysmal safety record as a high risk factor for a major HF accident; over the past decade, more than 7,600 accidental chemical releases from refineries have been reported by the industry. In the past three years alone, a total of 131 “minor” accidents involved HF.

D-Day Minus 7: Dallas Gas Ordinance Countdown

Considering how little public notice there was, yesterday's Dallas City Council "public comment time" on the new gas-drilling ordinance was well-attended by residents supporting the Plan Commission Draft. Over two dozen people spoke in favor of the CPC recommendations, including the 1500 foot setback, and/or stronger language for parks and flood plains. Murky statements by the Mayor about whether speaking this week would disqualify you from also having your say at next week's public hearing immediately prior to the final Council vote kept other residents from going to the podium.

True to whatever consultant's media training rule book they're following, industry representatives waited until they thought citizen testimony ended to make their condescending case that citizens were relying only on fear and didn't really understand the fracking process. The problem with this strategy is that you have to pretend the previous 45 minutes of citizen testimony never happened, since it's always replete with references to new scientific studies showing increased health harms from fracking, or another connection with earthquakes, or just strange foamy crap falling out of the sky into your yard from the rig down the street. It turns out the industry folks are the ones who don't really know the process.

And as fate would have it, citizens weren't through testifying. Right after telling the City Council how much West Dallas would lose out by not embracing fracking in its neighborhoods, up popped a West Dallas resident who said she wanted nothing to do with the industry, no matter how much money was involved. After another industry spokesman again said supporters of a stronger ordinance were just imagining harms they weren't really there, Sierra Club member Molly Rooke gave a devastatingly effective presentation on exactly how real harms to real people had forced her own group to acknowledge the dangers of gas pollution after initially endorsing natural gas as an entirely green fuel.

Unlike the staff briefing of two weeks ago, which allowed industry supporters on the Council to bloviate at will over what a crime it was to limit drilling in Big D, nobody behind the horseshoe did any talking except the Mayor, who was perfunctory in his opening and closing remarks and didn't give any clues as to his position on the CPC draft. According to Rawlings, it was his idea to have this "public comment time" prior to the final hearing so there wouldn't be the pile-up there was during the Trinity East vote, where you felt more like you were a cog in an assembly line instead of a citizen participating in one the small pageants of American democracy.

At the end of the meeting, Texas Campaign for the Environment members unfurled a banner urging Rawlings to "Be Strong," which was quickly confiscated by the City Hall Police Rapid Protest Response Team. Here's the Dallas Morning News' muted coverage of the event.

Because of the weather, Dallas Residents at Risk is waiting until next Monday to gin up a final push for passage of the Plan Commission draft going into Wednesday's final public hearing and vote beginning at 1 pm at City Hall. Please stay tuned for details about how you can express your public support and send a message to the Council to pass a strong ordinance. We know we sound like a broken record, but if you haven't sent a quick e-mail to the Mayor yet, you can click here and do so within a minute pretty painlessly. If you want a short explanation of what's going and what votes are where, you can read this previous post and get caught-up.

We have only a week to make sure our last year's worth of hard uphill slogging through corruption, double-dealing, and aggressively ignorant bureaucracies is not in vain. Please help us make it the last 1500 feet.