By Faith Chatham - DFWRCC - May 27, 2009
State Rep. Lon Burnam wrote a good bill, which would have made life safer for residents in the Barnett Shale. The House Energy and Resource Committee, chaired by former Speaker, Rep. Tom Craddick, butchered Burnam's bill (HB1537), removing requirements for gas to be odorized and dehydrated at the wellhead, and relaxed pipeline inspection standards from 2 years to 5 years. C.S.H.B. 1537, the committee's version, has few of the protections Burnam tried to get for the people of this region.
BACKGROUND
In 1937, several hundred students and their teachers were killed when a spark ignited odorless natural gas in a school in New London, Texas. In order to prevent such catastrophes in the future, the state passed a law requiring gas to be odorized under certain circumstances.
Over 9,000 drilling permits were issued by the Railroad Commission of Texas for natural gas wells in the Barnett Shale in the past three years, and production doubled over the same time period. For the first time in Texas, gas drilling is proliferating in a densely populated urban area. The risks associated with drilling and transporting gas through a county of 1.7 million inhabitants are high, but can be mitigated through appropriate safety measures.
Current law sets no minimum distance between gas pipelines and homes, schools, or other structures frequented by people, nor does it require the gas in the gathering lines being constructed throughout the county to be odorized so that leaks can be easily detected. Gathering lines are not subject to the corrosion prevention measures, such as internal inspection and pressure testing, required under state or federal integrity management programs.
C.S.H.B. 1537 reduces the likelihood of catastrophic pipe failure by requiring new safety measures for gathering and transmission pipelines in Tarrant County and in a Class 3 or 4 location as defined by federal law.
SITUATION IN NORTH TEXAS:Gas pipelines are necessary to get gas from producing wells to market. Frequently natural gas producers do not trust each other. Often they want their own pipeline, and do not want to mix their gas in the same pipeline with their competitors. Residents want as few pipelines as possible. The industry doesn't want to add odor to the natural gas until it gets to the refinery. Many residents want natural gas, if it is traveling near their homes or children's schools, to be odorized. If odorized at the wellhead, people will be able to detect gas leaks or accumulations of gas. The industry, under current law, is not required to odorize natural gas until it gets to the refinery.
Existing law allows pipelines to be laid in existing utility easements without notification of adjacent property owners. Along the major electric transmission lines running through Arlington and Pantego, Driver Pipeline is the contractor laying a natural gas pipeline for DFW Midstream. Luminant Electric (TXU) owns the 20 ' utility easement. The path of the pipeline is easy to detect. The large electric towers are spaced through a 20' utility easement from Grand Prairie to Pantego. One stands a few feet from the entrance of Hugh Downs Recreation Center. Driver Pipe is laying pipe in the park south of the tennis court.

Farther west, at Daniel Drive near Tucker, neighbors were given only 12 hour notice before they moved in heavy equipment and began coring to lay the pipe under the electric tower. They have created a large sink hole of quicksand. It is not fenced, and some neighbors fear that children may step over the 2' barrier and sink into the quicksand. Sludge from the work site encroached into the yards of homeowners who live only 20' from the pipeline work site. Homeowners on both sides of the job site report shifts in the foundation of their homes. Doors and windows do not open and close as completely as prior to commencement of work on that site.
Sewage service has been disrupted. Eddie Crosswhite, who lives just south of the pipeline, reports that his toilet only flushes when he empties water from a 5 gallon pail into it. The city has been attempting to correct the sewage problem. However, City Ordinances do not apply to pipeline construction sites.
RAILROAD COMMISSION:In Texas the Railroad Commission has authority to inspect and regulate intra-state pipelines. In a call to the Dallas Region of the Railroad Commission Tuesday, May 26, Jodie Kerl told us that the Railroad Commission had not been to the pipeline work site in Arlington. "The gas will probably not be odorized. Natural gas usually rises upward so we don't think it is important for it to be odorized." She said that pipelines near schools are subject to more frequent leak-testing. The utility easement where this pipeline is being laid runs adjacent to the playground of Blanton Elementary School and by South Davis Elementary School. It will run in back of the A.I.S.D. District Office on Pioneer Parkway and through the parking lot of Fielder Road Baptist Church.
Language in Rep. Lon Burnam's original bill required permission of homeowners who lived within 50' of the pipeline
C.S.H.B. 1537 differs from the original by prohibiting a gathering gas pipeline from being constructed within 30 feet of an established permanent structure that is used by human beings on a regular basis and provides specified exceptions, whereas the original prohibits a gathering or transmission gas pipeline from being constructed within 300 feet of such a structure.
C.S.H.B. 1537 removes a provision in the original requiring gas produced from a well to be odorized at the wellhead in accordance with the methodology prescribed by federal regulations before the gas enters a gathering pipeline.
A bill favorable to the industry, HB 472 (authored by Rep. Hilderbrand) releasing common carriers who report leaks or spills from liability from contamination that a common carrier or an owner or operator of a pipeline observes or detects. HB472, which passed both houses and was sent to Gov. Perry for his signature on May 27, amends the
Natural Resources Code to authorizes the Railroad Commission to spend funds from oil-field cleanup fund to assess and clean-up nature and extent of contamination caused by oil and gas wastes or other substances or materials regulated by the commission that a common carrier or an owner or operator of a pipeline observes or detects on or after the effective date of this Act (Sept. 1, 2009). Contamination that a common carrier or an owner or operator of a pipeline observes or detects.

Pollution from diesel engines on the site is not regulated by city, county or state officials. A complaint about air pollution from the diesel equipment used by Driver Pipeline on the Daniel Dr. site was made to the Railroad Commission. The Railroad says that they have no authority over air quality, and recommended contacting TEQC. TEQC said that they have no authority over diesel equipment which is not stationary. There is no restriction on how much diesel equipment can be used per work-site in residential neighborhoods.
City Ordinance do not apply to pipeline construction sites. The Railroad Commission is charged with inspecting and overseeing pipeline construction and operation in Texas. The Dallas office of the Railroad Commission stated May 27 that they had not visited the pipeline project in the Luminant utility easement through Arlngton. Construction at that site began about 2 months ago.
Bills in Austin to protect homeowners were consistently changed or blocked in Committee. Even a bill requiring notification of local elected officials and State Representatives and State Senators when permits for pipeline or gas drilling project were filed for projects in their districts was defeated.
Childen living near the pipeline through Arlington, sick people like Mr. Crosswhite who is a chemotherapy patient, and children in Blanton Elementary School and South Davis Elementary will not have protection from unodorized natural gas in pipelines running within only a few feet under a high voltage electrical transmission line near their homes and schools. No one is attempting to protect residents throughout the region from air-pollution from diesel engines used in pipeline construction. This region is in danger of losing Federal dollars for being out of federal clean air attainment. The pollution from pipeline construction is not regulated by any agency. Politicans in Austin and Washington D.C. did not see the value in protecting them, at the cost to the natural gas industry of odorizing the gas at the wellhead.
Pipeline companies can lay pipe in existing utility easements with only a few hours notice. Common sense need not rule. They can (and are) running natural gas pipelines underneath major high voltage electrical grid transmission towers and high voltage electrical lines. A blow-out under those towers can distrupt electrical service to large sections of this region. Luminant's 20' wide utility easement through Arlington and Pantego is becoming a corridor for unodorized wet natural gas running in a pipeline directly underneath the major electrical transmission lines in this region. The pipeline is being laid directly underneath the towers.
State Representatives Lon Burnam tried to get sensible legislation passed to require safeguards for people living along the path of gas development in the Barnett Shale. His bill to require natural gas to be odorized at the wellhead, was stripped of its protections, when it emerged from Committee. Another attempt by Burnam, HB 1536, which prohibited a single oil company from condemning property for a gas pipeline in large counties of over 1.4 million, fizzled, never leaving committee. Powerful, shrewd politicians such as Rep. Craddick, chair of the Energy Resource Committee, blocked most of Burnam's energy bills in committee. Texas law still allows one company to exercise eminent domain for a pipeline to be used to carry it's gas to market. There are no requirements that gas companies with producing wells near each other must share pipeline to ease disruption of neighborhoods. People who signed gas leases after being assured that the wells would be drilled far underneath their land and not disturb the ground level of their property have no protection from a pipeline company exercising eminent domain and laying a natural gas pipeline near the surface of their property.
There is some legislation in the U.S. House which may give some relief to homeowners, but the petroleum and pipeline industry is a very well-financed powerful lobby and the future of Federal legislation is hazy.
Source of quotes: Texas Legislature On-Line