Home Rule – will it protect my family from the Truman Cowboy Stadium Chesapeake drill site ?

Here is the letter I sent to the Arlington Health Officer, Cynthia Simmons, asking for Home Rule protection for my family from Chesapeake allowing flowback to vent to the airshed prior to their planned Green Completion. The City of Colleyville’s air testing showed Benzene (60 ppb on one graph) and other toxins higher than what the citizen funded air tests found. Our dry gas DOES have harmful amounts of Benzene!

The high levels of Nitric Oxide  found during the initial fracking phase is also a threat in that it is highly reactive to other chemicals and is a precursor to smog and acid rain and not what we need in a “nonattainment to ozone” area. Ozone is a “corrosive to the lung” gas. Ozone will eat your rubber bands……leave an open box by the homes near (and far from) the drill sites this summer to see what happens.


From: Kim Feil <kimfeil@sbcglobal.net>
Date: April 26, 2012 8:09:13 AM CDT
To: cynthia.simmons@arlingtontx.gov
Cc: theron.bowman@arlingtontx.gov, Jerry McCullough <jmccullo@aisd.net>, Don Crowson <don.crowson@arlingtontx.gov>, Jim Schermbeck <schermbeck@aol.com>, Trey Yelverton <trey.yelverton@arlingtontx.gov>, Collin Gregory <collin.gregory@arlingtontx.gov>, Jim Parajon <jim.parajon@arlingtontx.gov>, Robert Rivera <robert.rivera@arlingtontx.gov>, “Dr. Robert Cluck” <robert.cluck@arlingtontx.gov>, Robert Shepard <robert.shepard@arlingtontx.gov>, Jimmy Bennett <jimmy.bennett@arlingtontx.gov>, Lana Wolff <lana.wolff@arlingtontx.gov>, “Kathryn.Wilemon@arlingtontx.gov” <kathryn.wilemon@arlingtontx.gov>, Sheri Capeharts <sheri.capehart@arlingtontx.gov>, Jay Doegey <Jay.Doegey@arlingtontx.gov>, jim@bradburycounsel.com, cpowell@aisd.net, Susan Schrock <sschrock@star-telegram.com>, tips@wfaa.com, Arlington Voice LLC <info@arlingtonvoice.com>

Subject: Need Cynthia Simmons to halt Chesapeake work at 310 N Collins to prevent ATSDR Benzene standard violation proven in Colleyville

Dear Health Officer Simmons, the recent citizen funded, TCEQ lab test company approved, Colleyville air test during fracking and flowback show proof positive that the white clouds of STEAM, contain at least BTEX.
What I believe those suma canisters do NOT test for are fracking chemicals, NORM (analytes), and the (corrosive to the canisters) aldehydes. http://www.epa.gov/region9/qa/pdfs/aircrf.pdf

In speaking with state toxicologist, Shannon Ethridge, about the (two week) air testing done in Colleyville, she told me that since the state’s Air Monitoring Comparison Values is a longterm annual exposure average, she could not compare them to the state AMCV values. Instead she gave me the Agency for Toxic Substances and Disease Registry’s acute 14 day Mimimal Risk Level of 9 ppb Benzene . Since the highest recording during flowback in Colleyville for Benzene was 85 parts per billion, that represents an exceedance over 9 times the ATSDR standard. The drilling permits the mayor signs off on is based on NOT being a public health hazard. Now that we have this information, I am counting on the other branches of local government (Cynthia Simmons) to step in and protect my family and order Chesapeake to NOT frack or flowback the Truman well at Collins & Division in early June 2012 as planned until they can flow back into negative pressure “closed” tanks (using scrubbers), or else prove that BTEX will not be in our airshed above the 14 day ATSDR for Benzene.
Our gas drilling ordinance does not specify that flowback go into CLOSED tanks. This is an oversight in our ordinance that creates a public health issue.
Arlington’s Gas Drilling Ordinance, Section 5.01 E
…2) at no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank.
We already have had an Arlington resident have health effects from flowback that I notified the city on  https://barnettshalehell.wordpress.com/2012/03/05/slammed-with-sudden-nausea-from-flowback-odors-business-womans-blood-pressure-soars-after-vomiting/

I have asked for Cynthia’s help back on March 11th and have not heard back as to how we can get a health study item on the agenda since the three year Colorado air study showed alarming increased cancer risks to those living near drilling.

In light of the recent Colleyville air test results, I am directly asking for Home Rule city official intervention in the interest of public health.

Thank You

Kim Feil, North Arlington 
City Council Candidate


To:         Rep. Burnam
From:    Craig Adair
Date:     March 23, 2010
Re:         Fort Worth authority to regulate emissions at natural gas production facilities
All municipalities have the authority to:
1. Enact and enforce air pollution ordinances that are not inconsistent with TCEQ regulations or the Texas Clean Air Act (Sec. 382.113, HSC) (As a “home rule” city, Fort Worth  can adopt ordinances as long as they don’t conflict with state law.)
2. Enter property within the municipality’s jurisdiction to inspect production facilities for compliance with state and local air emissions regulations (Sec.382.111,HSC)
3. Abate nuisances (Sec. 382.113, HSC and Sec.217.002 LGC)  and remove nuisances and levy fines (Sec. 217.002 LGC)
4. Sue violators of the Texas Clean Air Act or TCEQ air regulations for injunctive relief or civil penalties, if the violations occur within the jurisdiction of the municipality  and if the municipality has by resolution authorized the exercise of this enforcement power (Sec. 7.351,, Sec. 7.352,TWC)
Under its partnership with TCEQ as a Local Air Pollution Program LAP), Forth Worth also has the authority to:
5. Obtain records for natural gas production facilities to demonstrate compliance with PBR eligibility requirements (30 TAC 106.8(b),(c)).
6. Investigate and initiate enforcements of violations of PBR emissions limits at natural gas production facilities (Sec. 4.2.5 FW LAP Contract)
So on those bases, Forth Worth could, among many other things:

1. stop issuing waivers to the 600ft. set-back distance for wells from protected uses
2. increase the 600 ft. set-back distance for wells from protected uses
3. lower the VOC emissions level at which vapor recovery is required for storage tanks (currently 25 tpy)
4. tighten the green completion requirements (current ordinance exempts first well on a pad and wells where there is no sales line)
5. inspect, investigate, and initiate enforcement for violations of VOC emissions limits at well sites, compressor stations, and tank batteries
6. when necessary, initiate nuisance abatement proceedings against or sue producers that violate emissions limits
Candidate Feil feels that Arlington should use these suggestions to better protect its residents from urban drilling….
1) Mandate electric drilling rig in urban areas, (have back up dieseal power generation)
2) Use closed mud containers
3) Use electric compressors and generators to frack with (if technology doesn’t exist-wait)
4) Have aerial water spray mist for flying frack sand
5) No diesel truck idling (goal is LNG fleets)
6) Have initial flowback fluids go into closed containers (no open tank or well bore venting at any life cycle phase of the well… if technology doesn’t exist-wait). Flowing into a closed container would logically entail negative pressure tanks with scrubbers. Otherwise flowback into Green Completion separators immediately-not later when the gas is detected.
7) Need 24 hour hotline to TCEQ and City Gas Well Inspectors. Our city website’s online status report is too vague. (ex. currently it can say “workover” and no real information of what that entails. Breathers do not need to be downwind to pre-production and maintenance activities. They need to know that they are risking their health. It’s time for the truth.
8) Equip First Responders with sensitive BTEX detection equipment and fast track training them to manually shut in a well. (I know of 4 auto shut in failures so far)
9) Simulate neighborhood evacuation plan and robo calling run through
10) Flood waters should be LAB tested for Drilling Mud, Frack Chemicals, Produced Water and Maintenance Chemicals before being released
11) Drill a Ground Water Woodbine Aquifer Monitoring Well with daily charting during stimulation
12) Baseline Air, Soil, and Surface Water testing should be required with post production re-testing to make comparison analysis
13) Nitro Lifts or any other well maintenance will NOT vent an open well or it’s chemical treatments to the atmosphere
14) Do not permit new wells which gives drillers Force Majeure until natural gas prices go up so as to not mismanage minerals by negatively affecting the first year of royalty payments due to the hyperbolic production decline curve which averages to be a 5% per month Barnett Shale decline rate.
15) Do not use any drilling waste to de-ice roads and mudfarming must be tested to be non-toxic.
16) Do not use onsite, raw, unprocessed, “production gas” to power onsite compressors or engines
17) Have back up dieseal generators for electric compressor stations so power loss will not affect individual drill sites like the emission events at two drill sites last April.
18) Have the drillers subscribe to the money savings presented by our very own UTA Melanie Sattler, Ph.D., P.E. Air Quality Consultatnt http://www.dallascityhall.com/pdf/GasDrilling/Sattler_DallasPresentation_083011.pdf
19) Use vapor recovery down the piping during frac stages
20) Replace high bleed pneumatics with low to no bleed pneumatics
21) Prohibit large, line gas fired compressors
22) Use blow out preventor between the drill and the frack stage in case flooding occurs.

About Kim Triolo Feil

Since TX Statute 253.005 forbids drilling in heavily settled municipalities, I unsuccessfully ran for City Council Seat to try to enforce this. Since Urban Drilling, our drinking water has almost tripled for TTHM's. Before moving to Arlington in 1990, I lived in Norco’s “cancer alley”, a refinery town. It was only after Urban Drilling in Arlington did I start having health effects. After our drill site was established closest to my home, the chronic nosebleeds started. I know there are more canaries here in Arlington having reactions to our industrialized airshed (we have 55-60 padsites of gas wells). Come forward and report to me those having health issues especially if you live to the north/northwest of a drill site so I can map your health effects on this blog. My youtube account is KimFeilGood. FAIR USE NOTICE: THIS SITE MAY CONTAIN COPYRIGHTED MATERIAL THE USE OF WHICH HAS NOT ALWAYS BEEN SPECIFICALLY AUTHORIZED BY THE COPYRIGHT OWNER. MATERIAL FROM DIVERSE AND SOMETIMES TEMPORARY SOURCES IS BEING MADE AVAILABLE IN A PERMANENT UNIFIED MANNER, AS PART OF AN EFFORT TO ADVANCE UNDERSTANDING OF THE SOCIAL JUSTICE ISSUES ASSOCIATED WITH EMINENT DOMAIN AND THE PRIVATIZATION OF PUBLIC INFRASTRUCTURE (AMONG OTHER THINGS). IT IS BELIEVED THAT THIS IS A 'FAIR USE' OF THE INFORMATION AS ALLOWED UNDER SECTION 107 OF THE US COPYRIGHT LAW. IN ACCORDANCE WITH TITLE 17 USC SECTION 107, THE SITE IS MAINTAINED WITHOUT PROFIT FOR THOSE WHO ACCESS IT FOR RESEARCH AND EDUCATIONAL PURPOSES. FOR MORE INFORMATION, SEE: HTTP://WWW.LAW.CORNELL.EDU/ TO USE MATERIAL REPRODUCED ON THIS SITE FOR PURPOSES THAT GO BEYOND 'FAIR USE', PERMISSION IS REQUIRED FROM THE COPYRIGHT OWNER INDICATED WITH A NAME AND INTERNET LINK AT THE END OF EACH ITEM. (NOTE: THE TEXT OF THIS NOTICE WAS ALSO LIFTED FROM CORRIDORNEWS.BLOGSPOT.COM)
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2 Responses to Home Rule – will it protect my family from the Truman Cowboy Stadium Chesapeake drill site ?

  1. Pingback: Councilwoman Candidate begs for Homerule Protection for Her Family | City Council Candidate, Kim Feil Forum

  2. Pingback: Arlington City Council uses Home Rule as a weapon of choice while kissing that girl | Arlington TX Barnett Shale Blogger

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