A letter to the Denton City Council

Denton is knee deep in revising its natural gas drilling ordinance. A draft of the revised ordinance was released for public comments on October 2, and I thought y’all might like to read the comment I submitted — it should give you a good picture of what it’s like on the ground down here.

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Photo: Andrew Williams, originally published in the North Texas Daily

To the Denton City Council:

My name is Jordan Michael Kincaid. I live on S. Carroll Blvd in Denton, TX.

I have two comments regarding the draft of Denton’s natural gas drilling ordinance released on October 2, 2012.

1) Please extend the public comment period on this draft of the gas drilling ordinance. This is an extremely dense document. It takes far longer than 11 days to properly understand its intricacies. This is especially true for non-expert citizens. Public comment periods should last at least eight weeks so that each draft of the ordinance released can be fully assessed by the public, and so that the public can return constructive, informed comments to the Council. As it stands, extending public comment periods would require a revision of the current timeline for rewriting the ordinance, as well as an extension of the moratorium, but these actions are in the City’s best interest. Longer public comment periods would mean more informed and more useful comments. Additionally, the draft released on October 2 was only released in English. 20% of Denton speaks a primary language other than English; releasing the current draft only in English disenfranchises 20% of the Denton population. The public comment period should be extended and the draft should be released in both English and Spanish. Thirdly, the first attempt on October 2 to release the current draft of the ordinance was botched — the first release had indistinguishable MS Word Track Changes embedded in the text, meaning that old language was sitting jumbled amongst new language, making the document impossible to decipher. This problem was not remedied until October 3, thus effectively eliminating one of the already too few days for public comments. Because the first release of the current draft was botched, the public comment period should be extended. The three arguments in bold-face text above are why I believe the public comment period should be extended. I also believe that the draft should be released in both English and Spanish. This is especially true given the insufficient provisions of the current draft ordinance, which brings me to my second point:

Photo: David Minton, Denton Record Chronicle

2) The current draft does not accurately reflect the recommendations of the Task Force, nor does it reflect recommendations of the Task Force Minority Report, the EPA Natural Gas STAR program, or the Denton Stakeholder Drilling Advisory Group (DAG). The draft released on October 2 is insufficient to protect public health and safety. I will include 5 specific cases of insufficiency below:

a) Vapor Recovery Units (VRU). The Task Force and the DAG recommended that VRUs be installed at each gas well, but the draft ordinance currently exempts wells emitting up to 137 lbs of VOCs per day, as well as similar numbers for other pollutants including methane. This exemption compromises air quality, public health, and will exacerbates climate change.

b) Venting and flaring. The DAG and the Task Force recommended that venting and flaring be prohibited, but the draft ordinance only reasserts state regulations, which permit venting and flaring during all production activities and up to 10 days after production is complete. Denton’s drilling ordinance must prohibit venting and flaring in the city to protect air quality, public health, and to reduce greenhouse gas emissions.

c) Compressor stations. The DAG recommended banning compressor stations from the City and the Task Force recommended regulating them, but the draft ordinance contains no new provisions banning or regulating compressor stations.

d) Private water well testing. The Task Force and the DAG recommended that operators submit results of private water well testing to the City, but the draft ordinance doesn’t require operators to test private water wells or to report the results. This compromises water quality and public health.

e) Closed-loop systems. To avoid the environmental and public health hazards of open waste pits, the DAG recommended that the City ban open pits and require operators to use closed-loop systems when producing natural gas. The Task Force also recommended the use of closed-loop systems. Despite these recommendations, the draft ordinance allows for several kinds of open pits, and stipulates only a “close-loop mud system.” This provision is insufficient to protect public health and the environment from the hazards of production waste.

In sum, I submit to the Council two requests for reasons explained above and summarized below:
1) Please extend the public comment period to 8 weeks and release the draft in both English and Spanish.
2) Please revise the gas drilling ordinance so that it reflects the recommendations of the City appointed Task Force, the citizen-lead Denton Stakeholder Drilling Advisory Group, the Task Force Minority Report, and the EPA Natural Gas STAR Program.

Sincerely,
Jordan Michael Kincaid

About Jordan M. Kincaid