EDITORIAL: The Wrong Conductor is Driving the Train
Jeff Weems—February 2nd, 2010
Over the past several years, the amount of drilling in Texas has skyrocketed, especially in Fort Worth and nearby North Texas communities. The jobs and tax revenue that accompany this activity are welcome – the pressure on both the environment and the quality of life for the residents is not. Make no mistake – Texas energy production is important and the industry is a vital part of our economy. I join with the vast majority of Texans in their unified support of a strong Texas energy industry. But the environmental and health concerns brought on by increased drilling activities in urban, suburban and extra-urban settings must be addressed, addressed publicly, and addressed by the proper agency.
Recently, concerns have arisen regarding airborne benzene and other volatile organic compounds brought to light by private testing in Denton County (such as in the town of DISH) and by testing in other areas by both public and private entities. These concerns have focused on one particular point of pressure – the effect of drilling and production activities on air quality. Noting the Texas Railroad Commission’s refusal to act on any complaints, the Texas Commission on Environmental Quality (TCEQ) undertook several air quality tests in Fort Worth and the surrounding areas. The first round of tests resulted in an “all clear” pronouncement from TCEQ. This finding was trumpeted by the Railroad Commission, even though TCEQ acknowledged its testing practices were substandard – in essence, the qualifications on the results rendered the results almost meaningless (for example, the first round of testing was done in cold conditions where there was little chance of volatilization of benzene or other light organics from any site tested). The second round of testing, released last week, noted multiple sites that were not in compliance with accepted standards for airborne benzene, including two sites that exceeded both short and long-term exposure levels. To their credit, the companies at these two sites took steps immediately to correct the mechanical errors that resulted in these emission levels. Less publicity, however, was made of the 19 other sites that tested in excess of long-term exposure levels. In light of these rounds of tests, the TCEQ has promised to stay on the job and conduct further testing down the road. The Railroad Commission seems quite happy to have the TCEQ take over this job and make its public pronouncements. And although we should all be glad someone is doing something, we have the wrong folks driving the train. This is the Railroad Commission’s job. Period.
The Railroad Commission regulates all aspects of energy production and in-state transportation of hydrocarbons. On this particular issue, the Railroad Commission acknowledges in its own manual called “Waste Minimization in the Oil Field” that it is responsible for benzene and other volatile organic compounds that may be released as fugitive emissions during hydrocarbon production and processing. This responsibility is spelled out numerous times. So why do the commissioners refuse to step up, take responsibility, and direct their field personnel to begin testing?
First, the current commissioners have displayed a thinly-veiled hostility toward persons concerned with air quality issues. At a recent Railroad Commission public hearing, DISH mayor Calvin Tillman appeared and expressed his concerns with the air quality results found by the private testing company DISH used. Instead of treating Mayor Tillman with the respect owed an elected official doing his job looking out for the citizens of his community, he was subjected to dismissive remarks by the commissioners (even asking him about the air pollution caused by operations at the massive DISH airport!). This attitude is inappropriate. The Railroad Commission was originally created to give a forum to the farmers to allow them to fight the railroads’ unfair pricing policies. That history of giving voice to those who have none seems to have been forgotten.
Second, money is tight. Current state leaders have demanded that the Railroad Commission, along with every other state agency, come up with another five percent reduction in its ongoing budget. Regardless of one’s views on whether this is an unfortunate consequence of starving a government to the point where it cannot do its job, the fact of the matter is that the Railroad Commissioners appear to embrace the opportunity to pass this responsibility off and let someone else budget for it. But ask yourself, how many more pieces of monitoring equipment will TCEQ put into service to do this monitoring when its budget gets cut too? I bring up that point because the TCEQ, in justifying its inconclusive testing the first time around, was quick to point out how expensive the testing equipment was and how that limited its actions.
Third, the Railroad Commissioners likely want someone else to handle this matter because it is a political hot potato. On the one hand, you have the energy industry, a vital and powerful part of the Texas economy, especially in the Barnett Shale. On the other hand, you have citizens who are rightfully concerned about their health and the quality of life for their families. It is not surprising that with two commissioners actively running for United States Senator, and the third seeking reelection, it is much more convenient to pass this matter to another agency. But that is not responsible government, which requires accepting responsibility, listening and making some very hard choices.
You may ask why this matters if the Barnett Shale communities are getting the testing done anyway. That answer comes from experience. I am from the Houston area. We have a refinery or two in our neck of the woods. The responsibility for monitoring the impact on air quality from these major industrial emitters falls on the TCEQ. I will be kind and say that the TCEQ’s record is less than stellar on this front. In fact, it was not until our former mayor, Bill White, called the TCEQ and several of the refineries to task about certain benzene and other emissions that some air quality issues improved. In sum, based on Houston’s experience, the TCEQ is the wrong outfit to rely upon to protect the air quality in the Barnett Shale communities. Rather, everyone should look to, and demand action from, the Texas Railroad Commission, the agency that always was responsible for doing this job in the first place.
