HB 3105 - big gas interests' way to crush cities

HB 3105, Relating to the applicability of the Private Real Property Rights Preservation Act to certain governmental actions, is designed to do one thing, and one thing only - destroy local control of drilling. It is designed to take away the power and ability of cities to regulate drilling in their jurisdiction. Big Gas made its impact felt.

Gas Wells - Business as usual in Austin?

Recently I read an article in the Denton Record Chronicle that described several bills filed by State Rep. Tan Parker affecting residents in communities in the Barnett Shale (and other shale plays in the future). HB 2125 sought to direct the Rail Road Commission of Texas to place a priority on inspections of gas wells (in any phase) in urbanized counties with a large number of wells. HB 2126 would have increased the maximum fine for regulatory infractions by gas well operators in urbanized counties to $20,000. The $10,000 increase would have gone directly to the fund established for setting up and operating air monitoring in these urbanized counties.

Tank Setbacks

There are two variance requests concerning tank setbacks. The first variance requested is for the rule of 114.12(A)(24)(j) which states that tanks must be located a minimum of 600 feet from any protected use. Another variance for 114.12(A)(32)(c) which sets the minimum distance of waste disposal tanks from any protected use to 600 feet also.

Reviewing the site plan, I believe there are locations on the site that would put the tanks in question (both types) at least 600' from any residences that have not already agreed to have the well or well support equipment at less than 600'.

The operator states that there is no alternative to the variance. I disagree, and will need the operator to prove that statement before I could agree to grant this variance.

The operator also states that 150' is an "industry standard" for setbacks from hydrocarbon tanks. While that may be true, that is a flammability/explosion safety issue, and does nothing to address adjacent property owner's rights, particularly to maintain the value of their property.

The operator does not address the hydrocarbon emission issue at all, and as recent TCEQ investigation of complaints around North Texas have shown, there are real issues with emissions of volatile compounds dangerous to human health.

What we can and can't do concerning Gas Well Drilling

As I was researching information concerning gas well drilling in cities, since we have a request for a permit to drill a well in Corinth, Texas, just southeast of the Lake Sharon/Oakmont intersection, I found some good guidance. State and Federal courts have long found that preventing an operator from drilling to get at Natural gas within the city limits has constituted a regulatory taking. As such it has been found unconstitutional (at least that is what I read).

So, while we can set rules to be followed in drilling a well, just like we set rules for how to xeriscape or how tall your weeds can be, we can't deny access to drill for gas. So we have rules defining how far wells have to be from residents (unless the residents that might be closer waive that), what type of fences, sound levels etc.

Whether we can impose air quality rules remains to be seen. I certainly intend to find out.

What I found out about Benzene

I spent some time over the last few nights reading information from the Center For Disease Control (CDC), OSHA, and NIOSH on Benzene. I was reading this because benzene has been associated with natural gas production in the Barnett Shale, and XTO energy is requesting a permit here in Corinth, Texas to drill a natural gas well. As it turns out, benzene is associated with both oil and gas production (not surprising), and as a result of our industrialized society, is floating around in the air we breathe.

According to the CDC people who smoke get a far larger dose of benzene than people who don't. Benzene in the cigarettes - another good reason not to smoke if you needed a new one. We have benzene around us in the house. What I gleaned from the CDC information is that benzene is occurring at something around 1.7 ppb (parts per billion) in our out door air - not associated with any particularly polluted location. If you are walking along behind your lawn mower, you are probably getting more benzene because that is a by product of internal combustion engines.

So - the first question becomes how much is too much? According to the CDC and OSHA 500 ppm (parts per million - contrasted to billion above) is life threatening. Immediately life threatening. 50 PPM is considered the highest level that a person can withstand for about 30 minutes or so to escape to clean air. OSHA sets the limit for occupational exposure (10 hours a day, 40 hours a week) at 1 ppm.

Now - the second question - how much benzene do gas wells emit? The Texas Commission on Environmental Quality (TCEQ) is asking that question, and is actively setting up monitoring. The TCEQ has identified some wells where significant amounts of benzene (along with a long list of other petrochemicals) were found down wind in the air.

So, there is the potential for benzene to be emitted by a gas well (or an oil well for that matter). Because there is that potential, it seems reasonable to me that the city should take steps at least to monitor any wells we have in the city limits. Part of our permit process might need to include provisions for not only sound monitoring and insurance, but air quality monitoring also.

In fairness that is a big job. How do we do it? How much does it cost? Who should pay for it? I am interested in finding a way to tighten our drilling ordinances to include air quality monitoring and have to get the answers to those questions and more to try and introduce that change.