It shouldn’t be a controversial opinion: no one deserves to be sickened by oilfield pollution chronically leaking into water and emitting fumes near their home. Yet Texans across the state are experiencing exactly that with under-managed, open-air dumpsites containing solid waste and mysterious sludge from oil and gas operations.

 

Now, the Railroad Commission is writing new amendments to Statewide Rule 8 or the “Waste Pit Rule'' behind closed doors with oil and gas waste companies. The waste pits struggle is gaining statewide attention, but there’s still not enough public pressure on the Railroad Commission to adopt stronger rules that will protect our communities. 

 

Commission Shift met with RRC staff on August 22nd to discuss how the commission can structure meaningful public engagement sessions throughout the state to get feedback from people living near oil and gas waste pits on the potential rule changes. The next day, RRC staff publicly announced that they are planning to release an informal draft of the proposed amendments for public input in the first week of October. We’re thankful for this update on timing. 

However, so far the commission is only planning to have one in-person public hearing in Austin (hours away from where most people impacted by oil and gas waste pits are located) and one virtual public hearing. After two years of meeting with waste pit companies, the public will only get two chances to give input to the commission on the informal draft. Public comment periods are typically only 30 days long. Sign on today to tell the Commissioners that before they announce any changes to waste pit rules, they must meaningfully engage the public and include feedback from those impacted in the final rule. If everyone who subscribes to Commission Shift’s newsletter signs, we could see real movement on this issue. Help us tell the Railroad Commission to write stronger waste pit rules to protect the people and places of Texas.

Did you catch Commission Shift Executive Director Virginia in Spectrum San Antonio News this month? Thanks to a lift from EcoFlight and assistance from the Environmental Defense Fund, Virginia got a bird's-eye briefing of methane flaring across the San Antonio region, observing oil and gas wells particularly in the Eagle Ford Shale.  

 

 “I think one thing we all came away from this is realizing how close to homes these flares and polluting facilities can be.” — Virginia Palacios, Commission Shift Executive Director

 

Capital and Main also wrote about Virginia’s flight. “The orange dots [indicating methane-producing oil and gas flares on a map] were piled on top of each other in such dense clusters that the map looked like a target at a turkey shoot.” And the view from the air was even more eye-opening than on the map: at least 16 active flares were documented in just 25 minutes. 

 

The effects of methane flaring are well-documented: in a study of mothers living in the Eagle Ford Shale, Latina/Hispanic women had a 50% higher risk of preterm birth compared with no exposure to flares. Commission Shift is committed to spreading the word about the risks of methane flaring and adding pressure on our state and federal decision makers to reduce flaring across Texas.

The U.S. Department of Energy (DOE) recently announced its intention to fund the expansion of a carbon dioxide (CO2) pipeline network to support the burgeoning carbon capture, use, and storage (CCUS) industry. But this taxpayer-funded subsidy for the build-out of industrial waste infrastructure is poorly timed. Since the 2020 Denbury Gulf Coast Pipeline rupture that sent 49 nearby residents to the hospital, public safety advocates have been calling for the adoption of stronger carbon pipeline safety rules. The Pipeline and Hazardous Materials Safety Administration (PHMSA) has not kept pace with waste infrastructure expansion and hasn’t yet updated its carbon pipeline safety rules. 

 

The hasty infusion of funding for the buildout of this dangerous infrastructure coupled with weak CO2 safety rules from our state and federal agencies risks CO2 leaks and ruptures—polluting our air and water, and harming nearby Texans. In addition, Texans are concerned that the state oil and gas agency, the Railroad Commission, is not suited to safely and ethically manage the oversight of these new projects

 

As pressure mounts to rapidly permit CCUS infrastructure throughout the country, you can get involved now to share your concerns with state and federal agencies about the build-out and the risks that come with it. Send an email to your Congress member about supporting a moratorium on CO2 pipelines via our allies at Food and Water Watch.

Jul. 26 - 29: National Association of Royalty Owners (NARO), Texas & New Mexico Convention
 

Last month, we met with ranchers and mineral owners from across the state who expressed their concerns about leaking oil and gas wells and Carbon Capture, Use, and Storage (CCUS). Virginia Palacios moderated a panel on “Unplugged Wells and CCUS in Texas” with Antina Cattle Company Ranch Manager and General Counsel, Sarah Stogner, and Lower Brazos River Watch Executive Director, Bruce Bodson. We enjoyed the opportunity to educate NARO members about policy solutions for addressing buildup of unplugged wells in Texas, potential risks of CCUS infrastructure, and opportunities to engage in the RRC’s amendments to their Chapter 5 Carbon Dioxide Rules. The final amendments to Chapter 5 were approved at the RRC’s Aug. 23rd Open Meeting.
 

Pictured: Commission Shift’s Virginia Palacios shares a panel with Bruce Bodson and Sarah Stogner.

Jul. 31 - Aug 2: RRC Regulatory Conference

The Railroad Commission of Texas (RRC) hosted a conference to inform and train oil & gas and pipeline operators and other industry representatives on the applicable laws, rules, and procedures for hydrocarbon production in Texas. However, although organizations like Commission Shift attended, the structure is not conducive to public input from land owners, or impacted members of the Texas communities. The only other organizations presenting besides the RRC were the United States Pipeline and Hazardous Materials Safety Administration

(PHMSA) and industry experts. 

 

Pictured: Commission Shift’s Virginia Palacios, Paige Powell, and Maria Reyes at the RRC conference.

Aug. 3: South Texas Justice 40 Symposium

 

Justice40 is an initiative from the Federal government that 40% of the overall benefits of certain federal investments flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution. Commission Shift’s Virginia Palacios gave a presentation about the EPA’s Methane Emissions Reduction Program, and explained Webb County’s contributions to greenhouse gas emissions. Natural gas is made of methane, a potent greenhouse gas that contributes to climate change. If we can stop emissions of methane now, we can improve our climate within the next two decades. 

 

Pictured: Sylvia Herrera (PODER Health Coordinator), Susana Almanza (PODER Executive Director), Virginia Palacios (Commission Shift Executive Director), and Sheila Serna (RGISC Climate Science and Policy Manager)

Aug 18: Eagle Pass Cafecito!

 

Commission Shift staff had a great time meeting and connecting with our Eagle Pass community to talk (bilingually) about orphaned well issues, oil and gas oversight, the importance of community members educating local and state elected officials, and how united communities can make a real difference at the RRC and the Texas Legislature. We are looking forward to more cafecitos with Maverick County and other surrounding communities.

“Cash on Hand”

 

Each newsletter we’re featuring a video from our Orphaned Wells series. Today we give you video three: “Cash On Hand.” In it, Virginia Palacios and Megan Milliken Biven cover the ways to afford plugging abandoned wells: financial assurance, bonding reform, and trust funds. Each of these videos explain and make recommendations for Texas’s orphaned well problem using Commission Shift’s 2022 co-authored report, Eliminating Orphan Wells and Sites in Texas.  Take a look at the video explaining it all!

Sep. 19: Railroad Commission Open Meeting

Oct. 2: Expected RRC announcement of informal draft amendments of Statewide Rule 8 and Chapter 4 waste pit rules for public comment.

Oct. 5: Texas Land and Mineral Owners Annual Statewide Members Meeting. Register here.

Tell the RRC: Texas needs Stronger Waste Pit Rules

 

Don’t wait! Please sign on today!

Take action on CO2 Pipeline Rules

 

Send an email to your congress member asking them to support a moratorium on CO2 pipelines until PHMSA drafts and implements strong, enforceable rules!

RRC Open Meeting - Austin, virtual

Tuesday, September 19th. RSVP

 

August 22nd’s RRC Open Meeting was jam-packed with weighty agenda items, including public input on orphaned leaking wells and waste pit rules. “Industry representatives have had two years of closed-door meetings with commissioners to discuss waste pit rules in detail. It is only fair that the people who have to live near oil and gas waste pits have the same access to Commissioners, and participation in the rules that will affect their health, environment, and quality of life,” said Commission Shift’s Alyssa Wallace. You can read her full comments here.

Commissioners also approved next steps in securitizing the public debt from Winter Storm Uri, and Chairman Craddick did not recuse herself despite her beneficial interest in Energy Transfer  — a major beneficiary of securitization. Last month, the Railroad Commission reported receiving 30 comments on their Chapter 5 Carbon Dioxide Rule Amendments, and they approved the final version of the rule at the open meeting. Commission Shift submitted comments pointing out the lack of environmental justice considerations and rules that would allow facilities to operate even if they fail a mechanical integrity test. 

 

Lots more happened at the open meeting – for more details, listen in to the recording of our post-meeting discussion with Commission Shift’s Virginia Palacios and Dr. Maria Reyes!

 

And remember, don’t forget to RSVP to the September Open Meeting!

We're Hiring!

 

Commission Shift is hiring and seeking proposals for a slate of new positions to expand our organization’s capacity and reach! Are you or someone you know a good fit? Take a look at our listings for Development Director, Organizing Director, Orphaned Wells Policy Manager, Voter Mobilization Program Coordinator, and Voter Mobilization Strategy Consultant RFP.

• This recent, in-depth Public Health Watch story documents the “Costly, Do-It-Yourself Effort” waste pits bring to surrounding communities. Tara Jones’s fight against a waste pit in Orange Grove, Texas is profiled. The article also details the concerns with the current informal draft of waste pit rule amendments.

• We are seeing exciting momentum on calling out the problem of methane flaring – the “one source of pollution from the [oil and gas] industry that’s entirely preventable.” Read more on Commission Shift’s Virginia Palacios’s flight over flaring in the Eagle Ford Shale here and here. 

• During the last RRC Open Meeting, Commissioners unanimously voted to approve the permit for an expanding coal mine in McMullen County, despite environmental and economic concerns from residents and local elected officials.

• Some Texas Democrats are urging the Environmental Protection Agency to reject the state’s application to permit the construction of carbon storage facilities despite support of the technology from many within their own party.

P.S. Be sure to follow Commission Shift on Facebook, Twitter, Instagram, and LinkedIn.

 

Commission Shift
212 Flores Avenue
Laredo, TX 78040
United States

 

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