60,000 Gallons Of Drilling Fluids And Waste Spilled!!!

It has been reported that over 60,000 gallons of oil and gas related fluids were spilled due to the flooding in Colorado.

Pipelines, transportation and storage of oil, gas, frack water and  drilling waste is dangerous. How many permits and variances have been granted too close or in flood plains in Texas?

Some of you in Flower Mound may remember that the town almost let in a huge Centralized Collection Facility (CCF) that would allow the transportation of drilling waste via pipelines throughout the town. The waste would have been stored in multiple storage tanks called tank batteries. Just like the tanks we saw overturned or floating in the flood waters in Colorado. Thankfully the residents woke up and rallied to stop the CCF.
Here are a few past posts about the CCF:
Click here and here

We have heard that drilling seems to be starting up in neighboring towns again. In fact, it appears most of our concerned residents have quietly slipped back into a peaceful sleep when it comes to gas and oil production issues. Last time everyone was sleeping over 80 wells were permitted and close to 60 wells were drilled......

Titan/Hilliard Field Update

We have received some phone calls and emails regarding the recent activity on Hilliard Field. Here is what we know.

Titan is in the process of installing an enclosed gas lift compressor and a dehydration unit. The compressor will be natural gas fired.

Click here for a description of different types of compression.

According to the Oil and Gas Glossary, to meet pipeline requirements, the water vapor in natural gas must be removed. This is why dehydration is needed.

We recently went to the Texas Railroad Commission mapsite to see if any production has been posted for the Titan/Hilliard site. As of today, no production has been recorded. Many articles we have read stated that gas lift can be brought in to increase production in lower producing gas wells, extra tight formations, and older gas wells. We have no idea which of these may be the case at the Hilliard site.

According to the town of Flower Mound Environmental Services Department, The gas lift compressor may be operated intermittently as needed. At this time, there is no way of knowing how long the gas lift will be necessary. The town will be monitoring the site to make sure Titan is in compliance with our noise level regulations. If you have a complaint about noise, call the town. Flower Mound's Oil and Gas Inspector will be inspecting for compliance with all applicable Town requirements every month. In between these monthly inspections, our inspector will routinely visit sites, performing “spot checks”. A special thank you to our Oil and Gas Inspector for taking the time to quickly answer all the questions submitted. If you have a concern,  or question, we encourage you to contact our Inspector at jonathan.powell@flower-mound.com.

The last issue we have received emails on is sometimes residents smell natural gas when passing by the Titan/Hilliard site. It has been confirmed that Titan has been treating the gas with Mercaptan (natural gas odor) since the end of October. We are not sure if that is what residents are smelling.

Most important, if you smell any odors or experience any health effects, call the Town AND contact TCEQ immediately. The information for TCEQ is on the right hand side of the blog.

EPA Proposed New Air-Emission Rules For Oil and Gas Drilling

The EPA has released their proposed New Air-Emission Rules for Oil and Gas Drilling to the Federal Register. This is the time to comment. We have posted some links below for you to read the proposed rules and a link to the page for commenting.

If you have a whole lot of time, click here for proposed rules doc.

If you just want the important stuff, click here for the fact sheet.

Click here for a nice EPA presentation.

Click here to read the Regulatory Impact Analysis.

And the most important of all....click here to submit a comment.

Thinking of moving off the Barnett Shale……..

We have put together a list States that currently have drilling activity, have had drilling activity in the past, about to have drilling, being looked at for drilling and have gas transmission pipelines running through them.


Why worry about the past? Communities sprout up all the time and some are in areas where some type of drilling or mining has happened many years before. Most people would want to know what went on before they got there.


Why worry about what is about to happen or what could happen? Just ask many of us in the Barnett Shale how important that question is. Most of us had no idea what was below us when we moved here.


List of States that currently have drilling or have had drilling:


Alabama, Alaska, Arkansas, California, Colorado, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming


States about to be hit by drilling


North Carolina.
http://reesenews.org/2011/06/06/nc-counties-could-face-natural-gas-drilling/16418/

South Carolina.
https://www.facebook.com/event.php?eid=227969367215560#!/

States with gas and oil leases signed and being looked at but no drilling activity


Oregon and Washington State. http://www.blm.gov/or/landsrealty/oilandgas.php
“Thick basalt flows overlay the potential reservoirs, making exploration and development costly. With rising gas prices, advances in technology, and the lack of previous development, there has been a dramatic interest in oil and gas leases in Oregon and Washington in the past few years. Half of the revenue derived from leasing and royalties is returned to the state where the leases are located. Currently there are more than 300 federal leases representing about 500,000 acres in Oregon and Washington. There are currently no active oil and gas drilling or exploration sites in Oregon or Washington.”


Minnesota and Wisconsin. http://www.geo.umn.edu/mgs/rift_gas/explore.htm
This u-tube video explains why this area of Minnesota, Wisconsin, and Iowa has potential for drilling. http://www.youtube.com/watch?v=07kmGZ4MTJE

Don’t count out under the Great Lakes. The United States largest fresh water resource. http://www.lrc.usace.army.mil/GrtLakes/OilGas/info.html

You can add the following states that have transmission pipelines, which would include the above states. Remember, where there is a pipeline, there will compressor stations.


Missouri and Georgia. http://www.spectraenergy.com/Operations/US-Transmission/Pipeline-Assets/Texas-Eastern-Transmission/

Virginia. http://www.spectraenergy.com/Operations/US-Transmission/Pipeline-Assets/East-Tennessee-Natural-Gas/

Watch where you move if you’re going to New Jersey, Delaware, Rhode Island, Massachusetts, and Connecticut. http://www.spectraenergy.com/Operations/US-Transmission/Pipeline-Assets/Algonquin-Gas-Transmission/

Include Maryland, New Hampshire and Maine. http://www.spectraenergy.com/Operations/US-Transmission/Pipeline-Assets/Maritimes-Northeast-Pipeline/

Add Illinois. Keystone brings hot, corrosive crude from the Tar Sands of Canada. This map also includes the new proposed Keystone XL route. http://www.transcanada.com/images/content/Pipeline_Projects/KeystoneXL_Map_hd.jpg

Plans for more pipelines. http://www.spectraenergy.com/Operations/New-Projects/

Natural Gas Storage


Natural gas is stored in two basic ways – compressed in tanks as liquefied natural gas (LNG) or in large underground storage facilities such as depleted gas wells, salt caverns or rock caverns, abandoned mines, and aquifers.


This map was as of 12/2007. The amount of gas storage has increased since this map. Texas alone has added gas storage facilities. http://www.eia.gov/pub/oil_gas/natural_gas/analysis_publications/ngpipeline/undrgrndstor_map.html

This is a good map of Williams Transco pipelines which shows gas storage areas as well. http://www.williams.com/docs/assetmap_gp.pdf

I think that leaves Vermont, who currently gets their natural gas from Canada and others. And Hawaii. I couldn’t find a map with their gas transmission pipelines but we have to assume they are present.

Off the chart emissions reported at Sam Wilson Scenic Site in Flower Mound

This Flir video is of the Sam Wilson Gas Production Site off Scenic Rd. in Flower Mound.

Numerous odor and health issue complaints have been made about this production facility. The most recent was made last night. TXSharon reports the following:

By the time TCEQ arrived, the odor was much less but they still registered 1.62 ppm on their Toxic Vapor Analyzer TVA. Remember that toxics are usually measured in ppm so let's do that math.
1.62 ppm = 1620 ppb

Metroplex avg = 35 ppb

1620 / 35 = 46 times the Metroplex average

Also remember that you are being exposed if you can smell it.

This site is a repeat offender!

Important: Sunset Town Hall

Sorry for the late notice. This is a very important Town Hall Meeting.

SUNSET TOWN HALL
A public dialogue regarding the Sunset of two critical agencies that affect environmental regulation: the Texas Commission on Environmental Quality (TCEQ) and the Railroad Commission.
DATE: Monday, November 8
TIME: Registration: 6:30 pm Town Hall: 7:00 pm
PLACE: Sheraton Arlington at 1500 Convention Center Rd. (next to the> Ballpark)

CONFIRMED PANELISTS:
Senator John Carona
Representative Lon Burnam
Representative Carol Kent
Representative Allen Vaught
Former TCEQ Commissioner Larry Soward

WHAT: Two important agencies, the TCEQ that oversees land, air, and water quality issues and the Texas Railroad Commission which oversees oil and gas drilling are the focus of this public policy event.

Citizens can learn more about these agencies and how to participate in the Sunset review process. Voicing comments, questions, and concerns to local state officials regarding possible agency reforms in the upcoming legislature. Sunset review only happens once a decade...this is a rare opportunity to have a meaningful dialogue with your officials before they vote on these agencies' futures.

SPONSORS: ACT, a coalition of statewide and local DFW environmental groups, Dallas Sierra Club, Ft. Worth Sierra Club, Public Citizen, Texas Campaign for the Environment, Interfaith Environmental Alliance, Physicians for Social Responsibility, the Dallas League of Women Voters, League of Women Voters - Richardson, and the Arlington League of Women Voters.
CONTACTS: Call Rita Beving, at 214.557.2271, email rita.beving@gmail.com or email Peter Wilson at peter.wilson@sierraclub.org for more info.

Gasland The Movie is coming to Flower Mound October 27th

"GasLand" Screening at Celebrations Event Center , Highland Village , TX

Where: Celebrations 2380 FM 407, Highland Village, TX 75077 (behind the Chase Bank building at the Morriss Road intersection)

When: Wednesday, 10/27 6:30 PM

Flower Mound Shares/FMDF and ShaleTest are thrilled to host Josh Fox for a screening of "Gasland" on October 27, 2010 at Celebrations, 2380 FM 407, Highland Village, TX.

Suggested donations are:
General Admission $15, Students $7, and $50 for the after party.

A reception, with a cash bar and live music, starts at 6:30 PM, this is open to everyone. The screening begins at 7 PM, followed by an after party for those who make a $50.00 donation. Josh Fox, DISH Mayor, Calvin Tillman and grass roots leaders from the area will be at this special after party.

Proceeds will benefit ShaleTest, a new non - profit that provides environmental testing to low income families, and the Flower Mound Defense Fund, dedicated to protecting the residential character of the Town and supporting the continuous improvement of oil and gas drilling regulations to better protect our health, safety and quality of life.

The after - party donation includes admission, light Hors D'oeuvres and coffee/tea. Suggested donation is $50 per person.

Please RSVP to Cathy Weiskopf - asiu@msn.com or Ginger Simonson - simodog97@yahoo.com by Oct 26 if you wish to attend the after party reception (so we can provide an accurate headcount for food).

Donations can be made by cash or check (to Flower Mound Defense Fund) at the door.
To order tickets online using PayPal - click here and follow the link "GasLand tickets".
Please print and bring your PayPal Receipt to the event.

Directions
Celebrations is on the NW corner behind the Chase Bank building at the Morriss Road intersection.2380 FM 407 ( Justin Road )Highland Village, TX 75077

Click here for directions. (click on the map for door to door directions)
Click here for flyer.

Protesters near Argyle temporarily block gas well site

This morning 30 or more Argyle and Bartonville residents blocked the entrance to a Williams Gas Production site for a short time. Many of the protesters were moms from the area. Here is some information on the situation.

One of the protesters said a Williams spokesperson said that they will be putting in 32 tanks (they had previously been told 11, I believe, which is tragedy enough).

Kelly Swan, PR guy from Williams, was out there this morning and he was not happy that the moms were standing in front of the gate blocking access to Williams’ trucks until the Sheriff came out and made them move. After the Sheriff left, they remained near the entrance and protested throughout the day.

The Centralized Collection Facility, a fancy name for a Toxic Waste Water Tank Farm, site is on 7 acres, beautifully wooded before this morning.

It's in a flood plain.

There's a creek flowing through the property that's about 50 feet from where they're working.

The site is right in the middle of a neighborhood. There are homes all around. Yes, the lots are big but there are two homes abutting the site, several across the street, and more homes in the neighborhood. There are many people living near the site.

Williams originally wanted to put the CCF (Toxic Waste Water Tank Farm) on some property inside the city limits of Argyle, but some members of the Argyle town council helped Williams find other property in an unincorporated area. Some of the Argyle Town Council members are mineral lease holders. Fishy?

Many Dogs in the area have died from cancer or currently have cancer.

Williams' contractor, Vaquero, bulldozed oak trees. Some of the trees may have been 100-200 years old. The site is butted up to the back yard of a house on about 2 acres.

Read the recent article in the Denton Record Chronicle. Click here

Click here for a video of the destruction of the trees and property from this morning.

For more info go to: http://txsharon.blogspot.com/

UPDATE: Flower Mound Eminent Domain

The Dallas Morning News reports on the eminent domain case in Flower Mound and another in Haltom City.

Both cases involve running pipeline through town owned property. Flower Mound would have to give up municipal land for a 30 foot pipeline easement behind one of the Fire Stations. In Haltom City the pipeline company wants to run the pipeline through parkland, streets and a future nature area.

Many are saying these lawsuits could be landmark cases. Robert Brown, Flower Mound's Attorney had this to say.

The case "could have far-reaching consequences around Texas, particularly for those municipalities that do not agree with pipeline companies that want to locate and install natural gas pipelines in parks, across fire station properties, in front of city halls and at other municipal properties," Brown said in a written statement.

Flower Mound Town Council Member Tom Hayden agrees and has other concerns about future gas drilling activity.

"We need to defend our town," he said. "If we didn't do that, it would set a dangerous precedent."
In Flower Mound, Hayden said granting the right of way could open the door to other pipelines, including ones that could transport wastewater from gas drilling sites to a centralized collection facility.
"That doesn't mean it's going to happen," he said. "But I don't want to have the possibility that town land could be used for that."

Who Benefits from Gas Drilling in Flower Mound?

Here is another great article by Ladd Biro. It is so good we just posted the whole article.
Enjoy
On August 10, 2009, the U.S. Department of Transportation imposed a $952,500 fine on Williams Gas Pipeline following a September 2008 natural gas pipeline rupture and subsequent fire in Appomattox, Virginia. Five people were injured, 23 families were evacuated and two homes were destroyed in the incident.

Last September, Cabot Oil & Gas was fined $56,650 and forced to suspend its hydraulic fracturing operations in Dimock Township, Pa., after spilling more than 8,000 gallons of a hazardous water/liquid gel mixture over nine days. Two months later, the state of Pennsylvania fined Cabot another $120,000 for contaminating 13 homeowner water wells. One of the wells blew up.

In the early morning hours of November 5, 2009, a pipeline owned by El Paso Natural Gas exploded in Bushland, Texas, destroying one home, damaging two others, and sending three people to the hospital. The explosion produced a 10-story fireball and a massive blaze visible from 20 miles away.

Other incidents tied to gas drilling, especially the fracturing process used to extract natural gas from shale formations, have been reported in Colorado, Wyoming, New York and elsewhere. In fact, over the past half-dozen years, more than 1,000 documented incidences of water contamination in the western U.S. have been linked to hydraulic fracturing.

Accidents happen. Even to Williams Production, the company at the epicenter of the drilling controversy now roiling the Town of Flower Mound.

Calling these catastrophic incidents to your attention doesn’t make me a fear-monger, an alarmist, a Communist, a tree hugger, unpatriotic or, worst of all ‘round these parts, a liberal.

Yet these and other less-savory epithets have been hurled at my fellow drilling opponents and me by the friendly folks who are relentlessly expanding their drilling operations closer and closer to our homes, schools and waterways.

Williams Production’s apologists – the vast majority of whom appear to be retired empty-nesters with substantial acreage on the west side of town – are fond of lecturing their younger neighbors about the many benefits drilling offers to “everyone.”

It’s funny how greed can cloud one’s perception.

Many of these same folks who years ago argued against the development of Bridlewood, Wellington and other higher-density neighborhoods in their beloved Flower Mound now get positively misty-eyed about the many blessings afforded by the drilling rigs, tanker trucks, storage tanks and compression facilities on or near their properties. They stand on their mineral rights soapboxes, draped in the U.S. Constitution, wagging their fingers at those who would dare keep them from exploiting the full value of their property.

But here’s the thing. Nobody I know would object to a landowner’s right to profit from his mineral rights so long as doing so does not encroach upon the rights of others. Want to allow Williams to use a controversial drilling method known as fracking hundreds of feet from your home? Have at it, my friend! Just don’t ask to build a massive collection facility across town to store the millions of gallons of toxic water produced by those wells. Don’t ask to run pipelines across my property to transport that toxic wastewater, either. Don’t expect the homeowners who abut your land to compromise their personal safety when Williams seeks to violate the town’s 1,000-foot setback ordinance by drilling within a few hundred feet of their back yards.
You may not be overly concerned about open gas valves, pipeline ruptures, storage tank explosions or other accidents that could threaten the health and safety of your fellow Flower Mound residents. It’s easy to gamble when you’re receiving hefty royalty checks from Williams each month.

Pardon us if we don’t pledge our allegiance to your sugar daddy.

The sad truth is Williams’ duty is to its shareholders. Your personal welfare and Flower Mound’s long-term survival are not their concern. Sure, you’re getting paid handsomely for your trouble. After all, you deserve to be compensated for permanently spoiling your beautiful land.

All the while, the robber barons from Tulsa will smile and tell you exactly what you want to hear, because they’re desperate to get to the huge deposits of natural gas that lie a mile beneath your property.

Ever wonder what their rush is? After all, the gas has been there for thousands of years, and it’s not going anywhere.

Here are just a few reasons:

1. Natural gas futures prices are trending up. Given the unpredictability of the markets, Williams needs to cash in while times are good. If gas prices suddenly plunge, as they did in mid-2008, drilling in the Barnett Shale may no longer be profitable. The pressure is surely intensifying at Williams headquarters after the company disappointed Wall Street with its fourth-quarter results.

2. Regulatory pressures are mounting. The U.S. Congress and the Environmental Protection Agency have recently begun re-thinking the wisdom of the "Halliburton Loophole," which exempts oil and gas companies from having to comply with the Clean Air Act, Clean Water Act, Safe Drinking Water Act and a host of other laws designed to protect public health. In addition, a bill known as the “FRAC Act,” now pending in Congress, would lift the veil of secrecy on the contents of the wastewater produced by the fracking process. Williams knows that being forced to reveal the 250-plus toxic chemicals it uses to frack its wells would be a public relations nightmare. Having to post “hazardous materials” placards on dozens of trucks rumbling down Flower Mound’s neighborhood roads might stoke the natives’ outrage even more.

3. The citizens have woken up, and they’re organizing quickly. While the vast majority of Flower Mound residents weren’t paying attention, Williams convinced the town’s Oil & Gas Board of Appeals to approve variances on all but one of the 32 wells it has drilled, according to recent public testimony. In other words, the “exemplary” restrictions our Town Council put in place to protect its citizens, trumpeted at every opportunity by Mayor Jody Smith and her fellow drilling advocates on the Council, have been waived to accommodate nearly every well Williams has drilled in Flower Mound! It makes you wonder what good it is to have regulations in the first place. It also raises questions as to why these variances are so routinely granted, at least for Williams.

It’s been well-publicized that Mayor Smith and Mayor Pro Tem Jean Levenick have leased their mineral rights to Williams. So has Carlos Cabre, a member of the Oil & Gas Board of Appeals who was dismissed from his position earlier this week after failing to recuse himself from votes concerning Williams.

Meanwhile, attorney Jeff Tasker, a member of the Town Council from 2005 to 2009, has been retained as a representative by Williams and is regularly seen at public sessions of the council alongside his deep-pocketed clients. Well now, isn’t that special?

Is Tasker now assisting Williams in its pending lawsuit against the town he formerly served? Is Cabre about to be invited into the Williams fraternity? Inquiring minds want to know.

Something stinks in Flower Mound, and it’s not just the toxic emissions coming from the wells.
It’s gotten so bad that even some homeowners who signed contracts with Williams have begun speaking out in opposition to the company’s proposals. They complain about misrepresentations, errors of omission, and outright lies told by representatives of the company.
They’ve done the calculations and figured out that the checks they receive from Williams amount to chump change when compared to the decline in their homes’ market values. They worry about reports of hazardous levels of cancer-causing benzene detected at sites across the Barnett Shale. They’ve met many of the five kids and two adults in Flower Mound who’ve been diagnosed with leukemia since 2005.

They’ve heard that Texas has 273,600 wells and only 106 regulators to oversee them. Each well is inspected just once every three years, on average, according to the Texas Railroad Commission. That means the gas industry is, for all practical purposes, responsible for policing itself.

That’s all well and good when they’re drilling in the middle of nowhere. But when the wells come within a few hundred feet of homes, schools and parks, the margin for error is unacceptably thin.

As we’ve seen, accidents happen. Even to Williams, as the fine folks in Appomattox, Va., can attest.

Nobody wants the next catastrophic natural gas accident to occur in Flower Mound. Nobody wants another child to be diagnosed with leukemia.

That’s why the concerned citizens of Flower Mound are banding together in a battle for the town’s future. This weekend, the Flower Mound Cares Petition Association, a non-profit civic organization, officially kicks off a petition drive seeking a temporary moratorium on the approval of permits for new pipelines and centralized collection facilities. We want to be certain that before Williams goes any further, proper safeguards are in place to protect public health and safety. Signatures from roughly 5,600 registered voters are needed within 45 days to force the Town Council to enact the moratorium or put the issue up for popular vote.

Volunteers will be manning information booths and petition-signing stations at sites across town between 10 AM and 6 PM Saturday and Sunday. Those interested in more detail, as well as a list of petition-signing locations, may visit http://mysite.verizon.net/fmcares or join the Flower Mound Cares Facebook group at: http://www.flowermoundcares.com/.

Drilling is enriching a few property owners in Flower Mound, along with an Oklahoma-based gas conglomerate and its legion of lawyers, consultants and lobbyists. For all its efforts, the Town of Flower Mound earned a paltry $521,000 in fees and incremental property taxes in 2009. The rest of us are left with a plethora of short- and long-term risks, both known and unknown.
It’s not worth it.

It’s time to make a stand.

Ladd Biro is a marketing agency owner by day, and syndicated sports columnist by night, who has lived in Flower Mound since 2002. He can be reached at lbiro@championmgt.com.

Why don't tanker trucks carrying drilling waste water have to display "hazardous" placards?

Oil and gas drilling waste is exempt so they don't have to consider it as hazardous.

Earthworks has put together a great brochure called The Oil and Gas Industry’s Exclusions and Exemptions to Major Environmental Statutes. It goes through each act and the exemptions that the industry receives.

The answer to the question above lies in the Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act (RCRA) of 1976 is currentlydivided into 10 subchapters: I through X, comprising four interrelatedprograms for the management of hazardous waste and solid waste found atSubchapters III, IV, IX, and X. Subchapter III, commonly referred to asSubtitle C, creates a federal “cradle-to-grave” hazardous waste managementprogram. Subchapter IV, commonly referred to as Subtitle D, encouragesstates to develop comprehensive plans to manage primarily nonhazardoussolid wastes (e.g., household waste). Subchapter IX, commonly referred toas Subtitle I, regulates the use and monitoring of underground storage tanks.Subchapter X, commonly referred to as Subtitle J, establishes regulations formedical waste from the time it is generated until the time it is disposed.

Congress defined hazardous waste in RCRA § 1004(5), but left the EPA todecide through a Regulatory Determination the specific characteristics ofhazardous waste and to promulgate lists of wastes meeting thosecharacteristics.9 The definition of a hazardous waste under RCRA § 1004(5)is as follows:

[A] solid waste, or combination of solid wastes, which because of itsquantity, concentration, or physical, chemical, or infectious characteristicsmay-

A. cause, or significantly contribute to an increase in mortality or anincrease in serious irreversible, or incapacitating reversible, illness; or

B. pose a substantial present or potential hazard to human health or theenvironment when improperly treated, stored, transported, ordisposed of, or otherwise managed.10

In 1978, the EPA issued proposed hazardous waste guidelines andregulations as requested by Congress. At this time, the agency was poisedto consider oil field wastes as “special wastes” under Subtitle C. However,Congress responded to these proposed regulations with the Solid WasteDisposal Act (SWDA) in 1980, which exempted oil field wastes from SubtitleC entirely until the EPA could prove these wastes were a danger to humanhealth and the environment. In 1988, the EPA's Regulatory Determinationultimately agreed with Congress’ decision to exempt oil field wastes due tothe “adequate” state and federal regulations already in place and the costsand economic impacts to the petroleum industry should it be regulated underSubtitle C.11

Despite the considerable regulatory changes by EPA regarding the regulationof oil field waste in determining that it was not hazardous enough to beregulated under Subtitle C, the 1988 Regulatory Determination provides acomprehensive list of wastes excluded from and included within the scope ofthe oil field waste exemption. A helpful article from the Director and SeniorStaff Attorney at the Railroad Commission of Texas summarizes these lists.Oil field wastes typically fall into the following categories:

1) Produced waters-mineralized waters produced with and then separatedfrom oil and gas.
2) Drilling fluids-mixtures of water, clay, barite, and other additivesused in drilling wells.
3) Associated wastes-other wastes uniquely associated with drilling andproduction operations, such as crude oil tank bottoms (e.g., oil,sediment, and water).12

In addition, the Regulatory Determination clarifies the meaning of RCRA §3001(b)(2)(A)'s exemption for “other wastes associated with the exploration,development or production of crude oil or natural gas” by stating that such“other wastes” include “rigwash, drill cuttings, and wastes created by agentsused in facilitating the extraction, development, and production of theresource, and wastes produced by removing contaminants prior to thetransportation or refining of the resource.”13

Further clarification by the EPA in 1993 provides a rule of thumb fordetermining if certain oil field wastes fall within the RCRA exemption. Itstates, “Since 1987, the terms uniquely associated and intrinsic have beenused as interchangeable synonyms in various documents in reference to oiland gas wastes qualifying for the exemption from Subtitle C regulation…Asimple rule of thumb for determining the scope of the exemption is whetherthe waste in question has come from down-hole (i.e., brought to the surfaceduring oil and gas E & P operations), or has otherwise been generated bycontact with the oil and gas production stream during the removal ofproduced water or other contaminants from the product (e.g., wasteemulsifiers, spent iron sponge). If the answer to either question is yes, the waste is most likely considered exempt.”14

In many cases, these “other” wastes contain known carcinogens such asbenzene, toluene, and xylene. The effect of the RCRA exemption is to allowthese deadly chemicals that are otherwise considered hazardous within thesame statute to permeate the earth and water sources poisoning the publicand the environment. For example, waterfowl, wildlife, and livestock may beattracted to open pits and tanks used to store and/or dispose of oil, producedwater, or separate oil from produced water. The risks posed to wildlife havebeen documented in numerous studies. In Wyoming, the U.S. Fish andWildlife Service has found deer, pronghorn, waterfowl, songbirds, and rabbitsin these open pits and tanks. Even if the animals are not killed in theseareas, the oil and chemicals can have debilitating health effects.15 Despite afew state regulations pertaining to oil and gas field wastes, it is typical forthe oil and gas industry to dispose of these wastes in earthen pits and on-siteburial.16 The potential for migration of contaminants in the soil and watersources in these areas is at the very least concerning to those who live in theoil and gas patches.

Relying on 1985 data, the EPA estimated that 70,000 oil and gas wells and800,000 active production sites generated 361 million barrels of drillingwaste, 20.9 billion barrels of produced waters, and 11 million barrels ofassociated wastes, such as workover fluids and tank bottoms.17 Considering the exponential growth of the oil and gas industry over the past 20 years, itis time regulators focus on the adequacy of existing regulations to protecthuman health and the environment from the real and potential dangers ofthe oil and gas industry’s waste.

To protect human health and the environment, oil field wastes must beregulated under the Resource Conservation and Recovery Act in orderto ensure the proper handling and disposal of hazardous andcarcinogenic wastes generated by oil and gas development.Otherwise, the petroleum industry will continue to dispose of oil fieldwaste in ways that can pollute soil, surface and groundwater.

UPDATE: OOPS the real reason Williams may have backed off plans to put disposal well in Argyle

The Cross Timbers Gazette reports that Williams Production has dropped it's plans to put a disposal well in Argyle near Jeter Rd and Frenchtown.

We mentioned that this proposed disposal well was located in the Denton Creek Flood Plan that flows to Lake Grapevine. Bartonville and Argyle water departments were concerned that it could contaminate the residents fresh drinking water.

The company said community feedback played a role in its decision to change direction.

New Information:
It appears that it real reason Williams backed off this location may not of been community feedback. Back in January, the Denton RC ran an article about the disposal well. In this article it mentioned that Gulftex had filed a protest for the well. No comment was made to why. But apparently this disposal well would be in the middle of two lateral lines drilled by Gulftex. Click here to read the article. This could definitely up the chances of trouble for the disposal well.

Gulftex Operating Inc., a Dallas-based energy company that operates gas wells in the Argyle area, also filed a protest against the disposal well, state records show. David York, the company’s executive vice president, declined to comment.

Williams had planned to use this disposal well to support their proposed Waste Water Centralized Collection Facility in Flower Mound. They planned to truck or pipe the waste to Argyle. Many Flower Mound residents were concerned about the Argyle disposal well too. A large majority of Flower Mound residents are against the proposed proposed CCF and pipelines. They do not want toxic waste water/produced water running underground via pipelines throughout their community.

There are also many dangers with storing the waster water/produced water in above ground tanks. These "tank batteries" emit toxic emissions and are highly flammable.

The big question is what is Williams next move?

Great! Now the Coal Industry wants to put their fingers in the gas shale cookie jar!

The Washington Post reports that Alpha Natural Resources is expanding their natural gas business. The coal industry believes there may be stricter regulations of the coal industry. They also have seen the utility companies switching to natural gas to run their power plants. What we need is stricter regulations on natural gas drilling too.

As we have said before, we do not dispute that natural gas burns cleaner, it is the extraction process that is dirty. Natural gas has a dangerous side to it as well. We saw evidence of this last week with the explosion of the Kleen Energy Plant and other natural gas facility explosions that have occurred in the past few years.

Dr. Armendariz, Region 6 Administrator Swearing In

This morning I had the pleasure of attending Dr. Armendariz's "Swearing In" Ceremony as EPA Region 6 Administrator.

For those that may not be familiar with Dr. Armendariz, he is a Texan from El Paso. He recently worked at SMU in Dallas and did an air quality study that made many take notice to what was happening to our air quality here in North Texas and the Barnett Shale area. When his study was completed, he also suggested affordable and available ways to clean up the air.

Dr. Armendariz talked a little bit about some of his priorities for the EPA.

He said he would like to continue the good work that the EPA is already doing. Dr. Armendariz acknowledged that some of communities here in North Texas have environmental challenges. He would like to focus the EPA's work on helping people and make the biggest impact possible to protect the environment and improve peoples lives.

He mentioned new initiatives that will be rolled out on all layers of government regarding climate change. Some will address water supply, water conservation and water desalinization. He said there will likely to be major changes to what they do on clean air side as well. Better and stricter air quality standards.

They will take a look at coastal restoration. The challenges Region 6 is facing in Louisiana. Work on protecting the wetlands and the coast.

It was a packed house with Texas citizens, EPA employees and politicians. There is no doubt that Dr. Armendariz has the State of Texas' best interest at heart.

Important information: Questions and answers about Williams FM Waste Water Collection Facility

The questions and answers below were sent to us by an HOA. The questions were presented to the Town of Flower Mound regarding the Centralized Collection Facility (waste water dump) that Williams is proposing for Flower Mound. But before you read the questions and answers. Here is a little bit of history and information about this issue.

Williams and the residents of West Flower Mound Shiloh area have been trying to convince all of Flower Mound and the council that this waste water collection facility is just about them. Their truck traffic and their safety. Many Shiloh residents and Williams employees have stood up at meetings and said it has nothing to do with the rest of the town. The questions and answers below validate that it has EVERYTHING to do with the whole town and the surrounding communities.

This is about Williams wanting to set up a new business in Flower Mound and the fact that the town, by voting for this Centralized Collection Facility, will be helping them set up a new business venture. This will be a money maker for Williams. Which makes you ask the following question.

Since Mayor Jody Smith and Council Member Jean Levenick have signed leases with Williams, they will recuse themselves from discussing and voting on this issue...right? We will just have to wait till January 21st, 6:00pm, at the Flower Mound Town Council Meeting to find out.

In a recent article about a waste water disposal well in Argyle, Williams mentioned that they are looking at piping or trucking the waste from the proposed Flower Mound waste water site to Argyle. We have received e-mails from residents of Bartonville telling us they are being told they’ll be using the Flower Mound CCF for their fracing fluids too. Williams keeps trying to convince the residents of Flower Mound that they want to be good neighbors. But a huge above ground toxic dump with several tank batteries storing toxic waste, 1 to 2 miles from over 5000 homes and 5 schools, doesn't sound like the kind of neighbor anyone would want to live by.

Then the toxic waste will be put into the ground up in an Argyle disposal well. Apparently, Williams wants to be their neighbor too.

Read the Town of Flower Mound's answers to the questions below.

1. What would prevent Flower Mound from becoming a reclamation point for other communities and increasing truck traffic?
Nothing. The current proposal is to create a central point for Williams’ well sites in west Flower Mound (up to 100 wells). But there is nothing to prevent Williams from accepting tie-ins from other sites including other gas companies.

Besides the obvious danger of toxic water being stored in tanks batteries, we have the issue of pipelines. Lots and Lots of pipelines. Pipelines for "go to market", pipelines for the produced water, and pipelines for the gas lift line. It has to be mentioned, those two words that violate every person's property rights....eminent domain! Read the towns answer to the HOA's question about pipelines.

2. Have the infrastructure transport lines been identified? Where will the pipes run?
No. Williams will have to acquire access or create private easements (thru purchasing or condemnation) to accommodate these pipes. Three pipes would be involved: 1 for the “go-to-market” gas well production line, 1 for the produced water line, and 1 for the gas lift line (injected to stimulate the well and separate the gas from the water). Williams currently has an agreement with Atmos and has been tying into their gas line and easement. Atmos is the owner of the gas easement which runs thru Wellington.

This easement would be a 30 foot or more in width and only required to be 3 feet deep. Just keep in mind two things: The owners of the easement have the right to enter the property where they own the easement at any time. Once there is an easement you cannot build on easement.

This may be your last opportunity to protect our community from becoming the Industrial Toxic Collection Site for Williams and other Drilling Companies. Just because the collection facility may not be behind your home, does not mean that it won’t impact you. Toxic chemicals blowing in the wind and pipelines carrying Toxic Chemicals running 3 feet under ground. And lets not forget that this is an industry who can only do business (their words) if they are exempt to complying with the Clean Air Act, Safe Drinking Water Act, and the Clean Water Act. That says plenty!!!

Let the Town Council know how you feel.
Show up and let your voice be heard, January 21st, 6:00pm, Flower Mound Town Hall.

Disposal Well in Argyle May Mean More Pipelines for FM

We mentioned a disposal site just over the border in Argyle in previous posts. It seems Williams may pump excessive amounts of drilling waste from their proposed waste water facility to this new disposal site. This article in the Denton Record Chronicle talks about the new disposal site and compressor station.

Funny, Williams never mentioned pumping the waste FROM the Waste Water Collection Facility to a disposal site before. They just keep the surprises coming. What could this mean? MORE PIPELINES! Read below.

Officials with Williams and Bosque say the public would benefit from centralized locations for gas compression and wastewater disposal, for aesthetic and practical reasons. For example, Bosque plans to send wastewater to the disposal well through underground pipes, limiting the need for gas drillers to haul it by truck on public roads to other disposal sites, the company’s president said.

Williams hopes to drill 100 new gas wells in Flower Mound and is asking city leaders there to approve plans for a centralized compressor and wastewater collection facility, Swan said. That facility would pool wastewater from Flower Mound gas wells and store it in aboveground tanks for later disposal elsewhere — including, potentially, the proposed disposal well near Argyle, he said.

Bartonville Water Supply Corp. is protesting the disposal well and Argyle may follow suit. They will have this disposal site and underground pipelines carrying toxic drilling waste water through their communities. Many residents are protesting this facility as well. It will be interesting what position Flower Mound will take on this issue since we can assume most of their waste will be going to this disposal well via pipelines.

Again, the main concern is regulation of this type of facility. Texas leads the nation for the most drilling activity and the worst regulation. Even though there is no record of an accident concerning the companies involved, we all know that it is physically impossible for the Texas Railroad Commission to inspect all the drilling activity. In addition to the 50,000 permitted oil and gas injection and disposal wells, they are responsible for over 250,000 gas and oil wells. As of 2008, the TRC had less than 100 inspectors. Do the math!

In Texas, the railroad commission oversees more than 50,000 permitted oil and gas injection and disposal wells, including nine in Denton County. Other than brine, injected fluids can also include small amounts of drilling mud, fracturing and well treatment chemicals, and residual hydrocarbons from oil and natural gas, according to the railroad commission.

Star Telegram article about air quality concerns

In a recent article in the Star Telegram about air quality concerns, Steve Dixon was quoted saying the following:

"I truly believe there are some wells in the Barnett Shale that are polluting, and I encourage those leaders to issue moratoriums," Dixon said. "If we had data that any of the wells in Flower Mound showed harmful levels, I would have voted for the moratorium."

But with some of the preliminary testing showing high levels of benzene in areas of North Texas, holding off till the TCEQ and the EPA releases their study results and recommendations, would have been the right thing to do for the residents of Flower Mound. Councilmen Filidoro and Hayden voted for the temporary suspension until it was certain that there was not an air quality issue around Flower Mound.

Councilmen Al Filidoro and Tom Hayden argued that a temporary halt made sense until more data become available.

"I hope that the study says everything is fine, but I don’t know," Filidoro said. "I had enough doubts to know that I wanted to protect the residents of our community."

Flower Mound is asking for testing to be done at gas wells in the area. The Town has not been included in any testing to date. See map from txsharon on TCEQ testing. It is really the future that many Flower Mound residents are worried about. The Town received applications for 18 new gas wells and a compressor station during the 30 day period. They have also been debating a proposed Waste Water Collection Facility that could be the site of an excessive amount of Tank Batteries filled with toxic drilling waste. Pipelines buried 4 feet underground that will transport the drilling waste to the site could be subject to eminent domain. This could allow the pipelines to run through neighborhoods. The Town could vote on whether to add this type of facility to the ordinance.

Allowing any more drilling activity and a Waste Water Collection Facility in the Town before the TCEQ and EPA results are available is reckless endangerment of all the residents.

Flower Mound Council Denies Temporary Suspension of Natural Gas Production UPDATE

Flower Mound Council Members Dixon, Levenick, and Wallace voted to deny the temporary suspension of Natural Gas Drilling and Production in the Town of Flower Mound. Leaving Council Members Filidoro and Hayden in favor of it.

It appears Council members Dixon, Levenick, and Wallace aren't buying the recent concerns and results of the studies already conducted by the TCEQ, the Federal EPA, and Town of Dish! They don't seem to believe it is important enough to wait for the completed study results and recommendations from the TCEQ and the EPA before allowing increased drilling activity.

It was mentioned by one of the members that the Town of Flower Mound hasn't had any air quality problems to date.

See the WFAA report on last nights meeting.

Well, the Town of Flower Mound hasn't had any air quality testing at all so how would anyone know what the air quality is like in the Town.

Even though more residents spoke in favor of the temporary suspension until the TCEQ and EPA release their results and recommendations, that is if you don't count the 10+ employees of Williams, Chesapeake, and their lawyers that spoke against it, the three council members chose to listen to the gas drilling companies.

Applications for 18 Gas Wells and a Compressor Station were received by the Town in the last 30 days. You can bet there will be more to come before the TCEQ and EPA make their recommendations. Someone mentioned the number 100 or more wells to be drilled.

Most of these wells will be in the area where we have been told of 5 child Leukemia cases and 2 adult Leukemia cases. Again, we have no evidence that gas drilling is related to this but it sure makes you wonder.

So ask yourself the following questions:
How many more compressor stations will that bring?
How many tank batteries will be needed at the proposed Waste Water Collection Facility?
How many pipelines will there be and where will they be?
What about eminent domain?
What will we be breathing?

Flower Mound may be on it's way to becoming the next Dish.

Good Neighbor?

Yuck!

In a recent WFAA report, Aruba Petroleum claimed to be a "good neighbor". Hmm...where have we heard that one before?

See the video at TXsharon from an Aruba Petroleum gas well leak here in the Barnett Shale area. You can see for yourself what a "good neighbor" they are.

Flower Mound Gas Drilling Action Alert

Action Alert:
Attend this Thursday’s Town Council Meeting, December 17th, 6:00 PM, at Flower Mound Town Hall. Speak up and speak out. It makes a difference!

Ask Town Council to approve item #13 on the agenda. The moratorium on Natural Gas Production and related items. http://www.flower-mound.com/agenda/TCarchive/TCA-12-17-09.pdf

Last night, Monday, December 14th, Planning and Zoning approved a Special Use Permit for Centralized Collection Facility and Compressor Stations in Agricultural Zoned areas with a vote 6 to 0.

This vote is the first step, but one of the most important steps, in allowing for our community to move to an industrial community.

The Centralized Collection Facility and Compressor Stations have been broken up into three different ordinances.

Land Use and Zoning – Land Development Regulations
Application - Oil and Gas Ordinance
Pipelines –Pipeline Ordinance

This application will allow Agricultural zoned land to be turned into Industrial Toxic Gas Fracking Fluid collection stations. There is no limit to the amount of Tanks and Compressors which they can have, only space limitations.

These pipelines will be buried 4 feet underground, may allow portions of residential property to be condemned through eminent domain, and will be pressurized to move the toxic chemicals from anywhere the Company, in this case, William Production, has a well site back to the collection facility. The Town cannot limit the distance so, Flower Mound could become the point of collection for other communities.

The first proposed site is within a 2 mile radius of 4775 Residences (see map). Dr. Armendariz, formerly with SMU and now with the EPA, conducted a recent study indicating that most of the barnett shale air quality issues come from tank batteries and compressor stations.

This application could devalue our homes, impact our health, safety and overall welfare.

Approval of a request to amend the Land Development Regulations LDR 04-09 – Centralized Gas Production Facilities by amending Section 98-2 (Definitions). Section 98-952 (Use Classifications), and 98-273 (Agricultural District Specific Uses), to provide for a Centralized Natural Gas Production Facility definition, use regulations, and special use conditions.

Section 98-2 Definitions Centralized Natural Gas Production Facility means production equipment that serves multiple gas well pad sites and may include the following: produced water storage and collection facilities, natural gas compression facilities, natural gas lift facilities and any pipelines and related infrastructure to serve those facilities.

Section 98-273 (listed as a specific use) Centralized Natural Gas Production Facility, subject to all of the requirements set forth in Chapter 34 “Environment”, Article 7 (Oil and Natural Gas Well Drilling and Operations) and Article 8 (Oil and Gas Pipeline Standards) of this Code, the terms of which articles are incorporated by reference.

Let Flower Mound Town Council know you do not want our town to turn into ONE BIG INDUSTRIAL ZONE.