Exercise USDOT exempt from exempt loophole found against O&G industry

I see a loophole NOT yet exercised in transporting this waste currently being exempted from being called “hazardous” which may NOT be EXEMPT if exceeding the USdot thresholds for TENORM.  This is where I am gifting you (Arlington Mayor and City Council) with this information to do with as your conscience leads you as elected officials.  #AnybodySmellApotentialClassAction?
—- Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Buzz Pishkur <buzz.pishkur@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Betsy Price <betsy.price@fortworthtexas.gov>; Betsy Price <betsy.price@fortworthgov.org>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Robert Rivera <robert.rivera@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Charlie Parker <charlie.parker@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Sheri Capehart <sheri.capehart@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Cynthia Simmons <cynthia.simmons@arlingtontx.gov>; Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; John Dugan <john.dugan@arlingtontx.gov>
Sent: Saturday, May 6, 2017 12:20 PM
Subject: Injection Well Monitoring EPA Grants >$100,000 to Help Protect OK & LA Drinking Water Sources-what about Texas?
Michael Overby, 214 665 6482, from the EPA’s

Underground Injection Control (UIC)

department reached out to me as I had expressed an interest in water, soil & air baseline testing PRIOR to Bluestone Natural Resources adding an injection well near Lake Arlington, a drinking water source for almost 500,000 people.
Overby said the EPA had no money for baseline testing and referred me to the Texas Water Development Board, David Thorkildsen 512 936 0871, in the event THEY have cash for baseline testing. FYI I was told Bluestone has already fenced off this area, so if we find an entity who can pay for this (I say the Arlington Tomorrow Fund should), we also need to get permission to go on site.
I disagree that they EPA does not have funds because see below *TWO recent grants from EPA for monitoring after-the-fact disposal wells for Oklahoma and Louisiana.
Overby said that NO SET BACK STANDARDS exist for disposal wells near drinking water sources. I told him this area by Lake Arlington has flooding issues and he reminded me that injection well operators know how to do installations “off shore” and so they know how to do this sort of thing….#notComforting.
Overby said that even if Lake Arlington was the SOLE SOURCE designation of drinking water, that an injection well would then get “more review”, but that 1/3 of injection wells in Louisiana have been granted near these sole source drinking water designations. #notComforting
Overby admitted there would be VOC’s off gassing above the open top tanks at the injection well as they will (again) have to separate the oil from the produced (toxic waste water) first before being injected into the Ellenberger. When I asked about the level of VOC’s coming off of the concrete tanks that will be holding voluminous amounts and offgassing near our drinking water source, he referred me to TCEQ’s air program department. I seriously doubt they have this kind of information on existing air tests done by injection wells and request John Dugan from the City of Arlington procure this info before the RRC hearing for the Lake Arlington injection well.
Trey I am asking you to contact Victor Vandergriff to become involved as TxDOT should be able to prove THEY are compliant to USdot Pipeline and Hazardous Materials Safety Admin., DOT § 173.436 regulating radionuclide thresholds in transporting oil and gas waste materials, https://www.gpo.gov/fdsys/pkg/CFR-2009-title49-vol2/pdf/CFR-2009-title49-vol2-sec173-436.pdf. I’m almost positive they have NOT been asking for TENORM levels because I can’t find where it is mandated to be tested for with the state. Maybe the city can start asking for this if the state won’t?
TxDOT needs to ensure that any trucking permits issued have a more stringent manifest by the trucks driving (around Lake Arlington) carrying TENORM verses NORM so we actually have proof that the same amounts of fluids leaving each padsite is accounted for when arriving at the injection well. Scientifically, once man has brought up these produced waters, any NORM disturbed is now technically TENORM due to having added treated source water and chemicals into the formation when they originally drilled and fracked all these former Quicksilver wells.
Here is a letter from USdot explaining that produced water, mud, salts, etc. is all considered now TENORM….
FYI Garrett Merket, garrett.merket@rrc.texas.gov, promised me an answer by yesterday as to why we do not test for NORM in produced waters, drilling muds, filter cakes, and concentrated salts and did not deliver in his promised-by date.
Overby reminded me that decades ago oil and gas waste was exempted in having their waste products classified as “Hazardous” by the RCRA from the Clean Water Act.  Here are the sickening letters from 1988 showing the good ol boy network in play by the Interstate Oil & Gas Compact Commission with industry friendly name drops. Now Oklahoma’s karma in this is that they are now dealing with swarms of frackquakes ….
Thankfully I see a loophole NOT yet exercised in transporting this waste being exempted which many NOT be EXEMPT if exceeding the USdot thresholds for TENORM.  This is where I am gifting you with this information to do with as your conscience leads you as elected officials.
The attorneys fighting for the City of Arlington in protesting this proposed injection well need to have this important information as the industry itself would recoil to think that they may need to start testing their TENORM to ensure federal USdot compliance. If it is found that these produced waters and concentrated brines have been exceeding txDOT’s thresholds, this could explain why in 2004 Arlington added two radionuclides to our water quality reports as detects. #AnybodySmellApotentialClassAction?
In closing, below is examples of money the feds are gifting these other states…..we need to apply for these funds since the RRC only has 150 inspectors when they used to have 250. And with Trump in office the TCEQ is poised to be cut by about 21%.

 

*EPA Grant of More Than $100,000 Will Help Protect Oklahoma’s Drinking Water Sources 
Contact: Joe Hubbard or Jennah Durant at 214-665-2200 or r6press@epa.gov
DALLAS – (May 5, 2017) The U.S. Environmental Protection Agency (EPA) recently awarded $100,323 to the Oklahoma Corporation Commission (OCC) to protect groundwater from underground injection or disposal wells.
“Protecting sources of drinking water is one of EPA’s most important missions,” said Acting Regional Administrator Sam Coleman. “EPA relies on state partners like the Oklahoma Corporation Commission to help fulfill that mission.”
The funds will support OCC’s activities for granting permits and monitoring construction and operation of injection or disposal wells in a manner that protects underground sources of drinking water. OCC will also conduct field surveillance, investigation, inspection and enforcement activities for injection and disposal wells.buzz
An injection well is used to place fluid underground into porous geologic formations. These underground formations may range from deep sandstone or limestone, to a shallow soil layer. Injected fluids may include water, wastewater, brine (salt water), or water mixed with chemicals. The Safe Drinking Water Act requires that underground sources of drinking water be protected from contamination that might migrate from these wells.
For more about EPA grants: https://www.epa.gov/grants
For more about underground injection control: https://www.epa.gov/uic
Connect with EPA Region 6:
Activities in EPA Region 6: http://www.epa.gov/aboutepa/region6.htm
# # #

 

If you would rather not receive future communications from Environmental Protection Agency, let us know by clicking here.
Environmental Protection Agency, Fountain Place 12th Floor, Suite 1200 1445 Ross Avenue, Dallas, TX 75202-2733 United States
————————-
—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Buzz Pishkur <buzz.pishkur@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Betsy Price <betsy.price@fortworthtexas.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov> 
Sent: Friday, April 28, 2017 1:54 PM
Subject: Start applying now?

 

 

EPA Grant of More Than $123,000 Will Help Protect Louisiana’s Drinking Water Sources
Contact: Joe Hubbard or Jennah Durant at 214-665-2200 or r6press@epa.gov
DALLAS – (April 28, 2017) The U.S. Environmental Protection Agency (EPA) recently awarded $123,680 to the Louisiana Department of Natural Resources (LDNR) to protect groundwater from underground injection or disposal wells.
“Safe drinking water is one of our most important natural resources,” said Acting Regional Administrator Sam Coleman. “Partners like LDNR help EPA assure those resources are protected from pollution.”
The funds will support LDNR’s activities for granting permits and monitoring construction and operation of injection or disposal wells in a manner that protects underground sources of drinking water. LDNR will also conduct field surveillance, investigation, inspection and enforcement activities for injection and disposal wells.
An injection well is used to place fluid underground into porous geologic formations. These underground formations may range from deep sandstone or limestone to a shallow soil layer. Injected fluids may include water, wastewater, brine (salt water), or water mixed with chemicals. The Safe Drinking Water Act requires that underground sources of drinking water be protected from contamination that might migrate from these wells.
For more about EPA grants: https://www.epa.gov/grants
For more about underground injection control: https://www.epa.gov/uic
Connect with EPA Region 6:
Activities in EPA Region 6: http://www.epa.gov/aboutepa/ region6.htm

—————-Thank you!

Sincerely,
Concerned Arlington drinker-breather

Kim Feil


—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: “djackson@jacksonsjoberg.com” <djackson@jacksonsjoberg.com>; msjoberg@jacksonsjoberg.com; “btownsend@jacksonsjoberg.com” <btownsend@jacksonsjoberg.com>; “mknisely@jacksonsjoberg.com” <mknisely@jacksonsjoberg.com>; “kpollard@austin.rr.com” <kpollard@austin.rr.com>
Sent: Saturday, May 6, 2017 12:42 PM
Subject: Fw: Injection Well Monitoring EPA Grants >$100,000 to Help Protect OK & LA Drinking Water Sources-what about Texas?
Regarding the upcoming case with the City of Arlington has hired you to represent them in protesting the proposed Bluestone Natural Resources Injection Well by Lake Arlington, thank you for reading through this information which could be very helpful to the case.
Kim Feil
———————————————–end string begin new string——————————————
—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: “teris.solis@cityofarlingtontx.gov” <teris.solis@cityofarlingtontx.gov>
Cc: “djackson@jacksonsjoberg.com” <djackson@jacksonsjoberg.com>; “msjoberg@jacksonsjoberg.com” <msjoberg@jacksonsjoberg.com>; “btownsend@jacksonsjoberg.com” <btownsend@jacksonsjoberg.com>; “mknisely@jacksonsjoberg.com” <mknisely@jacksonsjoberg.com>; “kpollard@austin.rr.com” <kpollard@austin.rr.com>
Sent: Monday, May 8, 2017 10:24 AM
Subject: Lake Arlington Injection Well Monitoring – UTAclear group / environmental testing response email
FYI if you need examples of contamination to help fight protest, please contact Zachariah Hildenbrand, Kevin Schug or Doug DeWayne, thank you.
—– Forwarded Message —–
From: Zacariah Hildenbrand <zac@informenv.com>
To: kim feil <kimfeil@sbcglobal.net>
Cc: Buzz Pishkur <buzz.pishkur@arlingtontx.gov>; Jeff Williams <jeff.williams@arlingtontx.gov>; Betsy Price <betsy.price@fortworthtexas.gov>; Betsy Price <betsy.price@fortworthgov.org>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Robert Rivera <robert.rivera@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Charlie Parker <charlie.parker@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Sheri Capehart <sheri.capehart@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Cynthia Simmons <cynthia.simmons@arlingtontx.gov>; Victoria Myers <victoria.farrar-myers@arlingtontx.gov>; John Dugan <john.dugan@arlingtontx.gov>; “Schug, Kevin A” <kschug@uta.edu>; “Carlton, Doug DeWayne, Jr” <doug.carlton@uta.edu>
Sent: Monday, May 8, 2017 8:16 AM
Subject: Re: Injection Well Monitoring EPA Grants >$100,000 to Help Protect OK & LA Drinking Water Sources-what about Texas?

Thank you Kim,

As per the proposed injection well next to Lake Arlington, if it goes through this is something that we would like to monitor over time. Sub-surface contamination of water resources by injection wells has not been widely studied; however, my primary concerns pertain to the risks for surface contamination. We’ve seen surface spills on production well sites affect surface water quality in west Texas and similar contamination events could occur with this injection well since spill/accidents do occur.

All the best,

ZLH

Zacariah Hildenbrand, Ph.D.
Inform Environmental, LLC

6060 N. Central Expressway, Suite 500
Dallas, Texas 75206

zac@informenv.com

C: 915-694-7132

O: 214-800-2829

————update emails—————-


—– Forwarded Message —–
From: “MAILER-DAEMON@yahoo.com” <MAILER-DAEMON@yahoo.com>
To: kimfeil@sbcglobal.net
Sent: Monday, May 8, 2017 10:25 AM
Subject: Failure Notice
Sorry, we were unable to deliver your message to the following address.
554: 5.7.1 kimfeil@sbcglobal.net is blocked.
———————
554: 5.7.1 kimfeil@sbcglobal.net is blocked.
———————
No mx record found for domain=cityofarlingtontx.gov

———————-new string————————–

—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: “mary.supino@arlingtontx.gov” <mary.supino@arlingtontx.gov>
Sent: Monday, May 8, 2017 10:42 AM
Subject: Please forward to City Attorney, thank you.
Mary thank you for forwarding this email string and also, FYI the three attorneys’ emails rejected as in blocking me after my first contact, so they have not yet seen the response from the UTAclear representative, part of an environmental testing group skilled in looking for oil & gas water contamination events. This group has evidence that would be helpful in fighting this protest for the injection well planned near Lake Arlington.
Kim
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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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One Response to Exercise USDOT exempt from exempt loophole found against O&G industry

  1. Reblogged this on Ace Global News and commented:
    Thanks for the link sharing the favour on this great post …

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