2010-12-07 OFFICIAf1. RECORD
LO CITY O F
SOUTH S LAKE
TEXA
REGULAR CITY COUNCIL MEETING MINUTES: DECEMBER 7, 2010
LOCATION: 1400 Main Street, Southlake, Texas 76092
City Council Chambers
CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy
Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A.
Muller, Jeff Wang and Al Zito.
CITY COUNCIL ABSENT: None.
STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of
Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City
Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of
Community Services Chris Tribble, Deputy Director of Community Services Kari
Happold, Director of Economic Development Greg Last, Director of Finance Sharen
Jackson, Director of Human Resources Stacey Black, Director of Information
Technology Dale Dean, Director of Planning and Development Services Ken Baker,
Planner II Clayton Comstock, Planner II Lorrie Fletcher, Chief of Fire Services Mike
Starr, Fire Marshal David Barnes, Chief of Police Services Robert Finn, Director of
Public Works Robert Price, Deputy Director of Public Works Gordon Mayer, Civil
Engineer Steve Anderson, Civil Engineer Cheryl Taylor, City Attorney E. Allen Taylor,
and City Secretary Lori Payne.
WORK SESSION:
Agenda Item No. 1. Call to order. The Work Session was called to order by Mayor
Terrell at 5:38 p.m.
Agenda Item No. 2. Invocation. David Whitington from Christ Our King Church gave the
invocation. Mayor Terrell led the pledge of allegiance.
Agenda Item No. 3A. FY 2011 Project Priorities: Pathways Construction Priority List.
Agenda Item No. 3B. FY 2011 Proiect Priorities: Wavfindinq Signage Priority List.
Agenda Item No. 3C. FY 2011 Project Priorities: Beautification of Public Areas Project
Priority List. Mayor Terrell announced these items would be moved to a future Council
meeting and will not be discussed at this meeting.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. No action was taken
during the Work Session and each item was considered during the Regular Session.
Council reviewed the items on the Consent Agenda.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010
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REGULAR SESSION:
Agenda Item No. 1. Call to order. The Regular Session of the City Council was called to
order by Mayor Pro Terrell at 5:45 p.m.
Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would
be going into Executive Session pursuant to the Texas Government Code, Section
551.071, consultation with the city attorney; Section 551.072, deliberation regarding real
property; Section 551.074, deliberation regarding personnel matters and Section
551.087, deliberation regarding economic development negotiations. City Council
adjourned for Executive Session at 5:45 p.m. Executive Session began at 5:57 p.m. and
ended at 7:47 p.m.
Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the regular meeting at 7:59
p.m. and asked if any action was necessary from Executive Session. No action was
necessary.
Agenda Item No. 3A1. Mayor's Report - Update of upcoming meetings and events.
Mayor Terrell announced upcoming meetings and events.
Agenda Item No. 3B. Citv Manager's Report. A report was not given.
Agenda Item No. 3C. Parks and Recreation Board Report. A written report was provided
in the Council's meeting packet.
CONSENT AGENDA: Consent Agenda items are considered to be routine by the City
Council and are enacted with one motion. Mayor Terrell read the Consent Agenda items
into the record.
Agenda Item No. 4A. Approve the minutes from the November 16, 2010 regular City
Council meeting and from the November 29, 2010 special City Council meeting. The
minutes were approved as presented. Councilmember Wang abstained from voting on
the minutes from the November 16, 2010 City Council meeting.
Agenda Item No. 4B. Cancel or reschedule the December 21, 2010 City Council
meeting. Council canceled the December 21, 2010 City Council meeting.
Agenda Item No. 4C. Approve an Interlocal Agreement for engineering design of the
F.M. 1938 Phase II Roadway Improvement Project with Tarrant County. A presentation
was not made on this item.
Agenda Item No. 4D. Approve an Interlocal Agreement for engineering and landscape
design for the F.M. 1938 Phase II Roadway Improvement Proiect with the City of Keller.
A presentation was not made on this item.
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Agenda Item No. 4E. Approve a renewal contract with Crowley Sports Officials for
sports officiating and scorekeepinq services in the amount of $100,130. A presentation
was not made on this item.
Agenda Item No. 4F. Resolution No. 10 -060, Appoint members to the Audit and Finance
Committee. Council appointed John Terrell, Brandon Bledsoe and Al Zito to the Audit
and Finance Committee.
Agenda Item No. 4G. Ordinance No. 993, 1 Reading, Amend Chapter 11, Offenses
and Miscellaneous Provisions of the City Code of Ordinances, as amended, by adding
Article V, prohibiting the possession, purchase, sale and ingestion of certain drugs. A
presentation was not made on this item.
Agenda Item No. 4H. Approve renewal of Tennis Center Management Agreement with
Stephen and Mia Poorman, dba Roxy Tennis, L.L.C., for one year. A presentation was
not made on this item.
Agenda Item No. 41. Ordinance No. 480 -598 (ZA10 -039), 2 Reading, Zoning Change
and Concept Plan for Southlake Montessori on property being legally described as Lot
4, Block 1, Pecan Creek Addition and being located at 731 Zena Rucker Road. Current
Zoning: 0-1 Office Zoning District. Requested Zoning: S -P -2 Generalized Site Plan
District. SPIN Neighborhood #9. This item was administratively tabled and the public
hearing continued to the January 4, 2011 City Council meeting.
Agenda Item No. 4J. Ordinance No. 480 -BBBB, 2 Reading, An amendment to the
Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to termination or
amortization of non - conforming uses. This item was administratively tabled and the
public hearing continued to the January 4, 2011 City Council meeting.
Agenda Item No. 8A. Resolution No. 10 -061, Establish the City of Southlake's
Legislative Agenda for the 82 Texas Legislative Session. A presentation was not
made on this item. In accordance with Section 4.21 of the City Charter, the caption for
this item is listed as follows:
A RESOULTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS,
ADOPTING A LEGISLATIVE AGENDA FOR THE 82" TEXAS LEGISLATIVE
REGULAR SESSION.
Motion was made to approve consent agenda items 4A; 4B; 4C; 4D; 4E; 4F to appoint
John Terrell, Brandon Bledsoe and Al Zito to the Audit and Finance Committee; 4G; 4H;
to table item 41 and to continue the public hearing to the January 4, 2011 City Council
meeting; to table item 4J and to continue the public hearing to the January 4, 2011 City
Council meeting; and item 8A.
Motion: Hill
Second: Bledsoe
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Vote on all consent agenda items with the exception of item 4A, approval of the minutes
from the November 16, 2010 City Council meeting:
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Vote on consent agenda item 4A, approval of the minutes from the November 16, 2010
City Council meeting:
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Zito
Nays: None
Abstain: Wang
Approved: 6 -0 -1
REGULAR AGENDA:
Agenda Item No. 5. Public Forum. No one spoke during the public forum.
Agenda Item No. 6A. Ordinance No. 480-549B (ZA10 -054), 2nd Reading, Zoning
Change and Site Plan for Tower Plaza on property being described as Tract 3B, 3B01
and a portion of Tract 3D01, Obediah W. Knight Survey, Abstract No. 899, and being
located at 821, 829 and 835 East Southlake Boulevard. Current Zoning: S -P -1 Detailed
Site Plan District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN
Neighborhood #9. Director Baker presented this item to Council. Applicant Skip Blake
made a presentation and answered Council's questions. In accordance with Section
4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS
TRACTS 3B & 3B01, AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY,
ABSTRACT No. 899 AND BEING APPROXIMATELY 5.84 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -1" DETAILED SITE
PLAN DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON
THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN
THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
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Mayor Terrell opened the public hearing and read comment cards from those who were
in support but did not wish to speak:
Sanjay Agrawal, 4311 Bretton Bay Lane, Dallas, Texas;
Michael Conroy, 7010 Orchard Hill Court;
Sheila Cross, 7008 Lismore Court, Colleyville, Texas;
Mike Farhat, 1060 Harbor Haven, Southlake, Texas;
Mark Greenberg, 910 East Southlake Boulevard, Southlake, Texas;
Kathie Lower, 2206 Shady Vista;
Parind Patel, 910 East Southlake Boulevard, Southlake, Texas;
Zena Rucker, 650 South Carroll Avenue; Southlake, Texas;
Thomas Schott, 910 East Southlake Boulevard, Southlake, Texas; and,
Neil Williams, 605 Nicholas Court.
Xian Fang, 1915 Kings Pass, spoke in support.
Manuel R. Ramirez, 4790 Byron Circle, spoke in support.
Grear Hurt, 910 East Southlake Boulevard, Suite 155, spoke in support.
Raji Kumar, 3804 Kimbrough Lane, spoke in support.
Ann Davis, 308 Foxborough, Southlake, Texas spoke in opposition.
Richard Sandow, 1750 Sleepy Hollow Trail, Southlake, Texas spoke in opposition.
Michael Hahn, 910 East Southlake Boulevard, Southlake, Texas spoke in support.
Skip Blake addressed the public comments.
Nels Nelson, 2803 Carrick Court, Southlake, Texas addressed the public comments.
Mayor Terrell closed the public hearing.
Motion was made to approve Ordinance No. 480 -549B (ZA10 -054), 2 Reading, Zoning
Change and Site Plan for Tower Plaza subject to the applicant's agreement to the
following conditions: extending the sidewalk on the south side of Building One east to
the main sidewalk; allowing no skilled nursing or memory care uses on the site;
following Development Regulation #10 stating that turf and irrigation will be provided on
the office building site if construction of the office building has not commenced within six
(6) months of the completion of horizontal improvements and the medical center
building; allowing no stucco on the office building; accepting applicant's willingness to
work with city staff on a further landscaping plan if Zena Rucker Road has a certain
theme for the parkway; stating that the drawings as presented to Council are a clear
representation of distinctive features being added to the hospital facade facing, in
particular, Zena Rucker Road and that the video shown tonight will be used for
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clarification; noting there will be a clock on all four (4) sides of the clock tower; if the
applicant should choose to utilize the Tarrant County bond funds that were previously
approved for use on this tract of land, requiring the applicant to place the following
language on all offering statements or any other sales or marketing materials supporting
the debt instrument: "The City of Southlake is not an owner, investor, partner,
participant or guarantor of this project" but noting that "Southlake" can only be used for
location purposes only; and subject to Site Plan Review Summary No. 2, dated October
15, 2010 granting the variances as presented.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6B. ZA10 -046, Revised Concept Plan for Kimball Circle Estates on
property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract
No. 529, and being located at 703, 722, 730 and 750 South Kimball Avenue. Current
Zoning: SF -20A Single Family Residential District. SPIN Neighborhood #8. Director
Baker presented items 6B and 6C simultaneously. Applicant Jim Dewey with JDJR
Engineers made a presentation and answered Council's questions.
Mayor Terrell opened the public hearing and read comment cards from those who were
in support but did not wish to speak:
Olufunmilayo Akintade, 2133 Kimball Hill Court, Southlake, Texas;
Steve Donohue, 2121 Kimball Hill Court, Southlake, Texas;
Dennis Minder, Woodland Heights HOA, Southlake, Texas;
Jerry and Kathryn Orler, 2128 Kimball Hill Court; Southlake, Texas;
Chris and Ellena Prokopeas, 2129 Kimball Hill Court; Southlake, Texas;
Karen Roussos, 2100 Kimball Hill Court, Southlake, Texas; and,
Patricia N. Wilson, 2112 Kimball Hill Court; Southlake, Texas.
William E. Stonaker, 2112 Kimball Hill Court, Southlake, Texas, spoke in support and
submitted a petition from the residents of Kimball Hills asking that Council allow the
street between Kimball Hill Court and Miracle Pointe to be built as a through- street.
Mayor Terrell noted acceptance of the petition received from residents of Kimball Hills.
John McSweeney, 2116 Kimball Hill Court, Southlake, Texas, spoke in support.
Mayor Terrell closed the public hearing.
Motion was made to approve ZA10 -046, Revised Concept Plan for Kimball Circle
Estates subject to Revised Concept Plan Review Summary No. 2, dated November 12,
2010 and granting the variance request to Subdivision Ordinance No. 483, Section
8.01(A).
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Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6C. ZA10 -047, Preliminary Plat for Kimball Circle Estates on property
being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529
and being located at 703, 722, 730 and 750 South Kimball Avenue. Current Zoning: SF-
20A Single Family Residential District. SPIN Neighborhood #8. Director Baker
presented items 6B and 6C simultaneously. Applicant Jim Dewey with JDJR Engineers
made a presentation and answered Council's questions.
Motion was made to approve ZA10 -047, Preliminary Plat for Kimball Circle Estates
subject to Plat Review Summary No. 2, dated November 12, 2010.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6D. ZA10 -057, Site Plan for Lot 3, Carroll- Greenway Addition being
located at 1281 East State Highway 114. Current Zoning: C3 General Commercial.
SPIN Neighborhood #8. Director Baker presented this item to council. Applicant Scott
Dorn with Design Duncan Miller Ullmann made a presentation and answered Council's
questions.
Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public
hearing.
Motion was made to approve ZA10 -057, Site Plan for Lot 3, Carroll - Greenway Addition
noting that the on- street diagonal parking on State Street will not be allowed and that
the parkway landscaping will be extended to include plantings and turf; noting the
applicant's agreement to remove the two parking spaces on the south side and to
replace them with turf and to shift the parking spaces on State Highway 114 and to
eliminate the two corner spaces and to replace those with turf; and subject to Revised
Site Plan Review Summary No. 2, dated November 18, 2010 and granting the
requested variances for driveway spacing and tree canopy cover.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6E. Ordinance No. 992, 2 Reading, Adopt an ordinance to dedicate
street right -of -way from City -owned property at 1371 East Highland Avenue for the
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purpose of constructing Kirkwood Boulevard and declare the remainder of the property
to be surplus. Director Price presented this item to Council. In accordance with Section
4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE DEDICATING PERMANENT STREET RIGHT -OF -WAY FROM CITY
OWNED PROPERTY AT 1371 EAST HIGHLAND AVENUE LOCATED IN THE
RICHARD EADS SURVEY, ABSTRACT NO. 481 IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; DECLARING THAT SUCH STREET RIGHT -OF -WAY IS
NECESSARY FRO USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO
EXECUTE THE RIGHT -OF -WAY DEDICATION DOCUMENTS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Terrell opened the public hearing. No one spoke. Mayor Terrell closed the public
hearing.
Motion was made to approve Ordinance No. 992, 2 Reading, Adopt an ordinance to
dedicate street right -of -way from City-owned property at 1371 East Highland Avenue for
the purpose of constructing Kirkwood Boulevard and declare the remainder of the
property to be surplus.
Motion: Hill
Second: Bledsoe
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Mayor Terrell called for a break at 9:25 p.m. and reconvened the meeting at 9:41 p.m.
Agenda Item No. 6F. Resolution No. 10 -057 (GAS10 -004), Specific Use Permit for Gas
and Oil Well Drilling and Production on property being located at 651 and 655 East
Highland Street on property being described as a portion of Lots 1R1 and 2, Block A,
Milner Addition. Current Zoning: AG Agricultural District. SPIN Neighborhood #7.
Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously. Applicant Walter
Dueease with XTO Energy, Inc., 810 Houston Street, Fort Worth, Texas made a
presentation and answered Council's questions. Applicant Rick Smith with Energy
Transfer, 800 East Sonterra Boulevard, San Antonio, Texas made a presentation and
answered Council's questions.
Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would
take place simultaneously. He opened all of the public hearings and took public
comments.
Mayor Terrell read comment cards from those who were in opposition but did not wish
to speak:
Beth Adams, 165 Creekway Bend, Southlake, Texas;
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Landon Adams, 165 Creekway Bend, Southlake, Texas: "My name is Landon Adams. I
have had asthma all my life and I take multiple medications daily in order to
breath. Please do not force me to move and cause my fellow asthma sufferers
additional breathing difficulties. More studies need to be done on the quality of
air near a drill site. Please protect our community;"
John Ansohn, 304 Donley, Southlake, Texas;
Glenn Askew, 808 Timbercrest Court, Southlake, Texas;
Jenna Askew, 808 Timbercrest Court, Southlake, Texas;
Stacey Bott, 1604 Ponderosa Way, Southlake, Texas;
Jackie Burlingame, 645 Briarridge Road, Southlake, Texas;
Rusty Burlingame, 645 Briarridge Road, Southlake, Texas;
Hank Delisle, 1204 Plantation, Southlake, Texas;
Kate Delisle, 1204 Plantation, Southlake, Texas;
Craig Dewey, 1121 Merlot Drive, Southlake, Texas;
Merrill Dobrow, 1303 Eagle Bend, Southlake, Texas;
Tricia Dobrow, 1303 Eagle Bend, Southlake, Texas;
Nina Dunn, 950 North White Chapel Boulevard, Southlake, Texas;
Ken Erston, 807 Saratoga Drive, Southlake, Texas;
David P. Ettinger, 804 Dove Creek Trail, Southlake, Texas;
Renee D. Ettinger, 804 Dove Creek Trail, Southlake, Texas;
Phil Evans, 408 Southridge Lakes Parkway, Southlake, Texas;
Tiffany Evans, 480 Southridge Lakes Parkway, Southlake, Texas;
Cole Findlay, 802 Dove Creek Trail, Southlake, Texas;
Katherine Findlay, 802 Dove Creek Trail, Southlake, Texas;
Noah Findlay, 802 Dove Creek Trail, Southlake, Texas;
Patrick Foreman, 1708 Wildrose Way, Southlake, Texas;
Daniel Garrison, 6401 Westcoat Drive, Colleyville, Texas;
Julianna Garrison, 6401 Westcoat Drive, Colleyville, Texas;
Bill Gleim, 1905 Amesbury Court, Southlake, Texas;
J.D. Gonzales, 400 Borders Court; Southlake, Texas;
Joan Gonzales, 400 Borders Court, Southlake, Texas;
Diane Harris, 1025 Mission Drive, Southlake, Texas;
Jeff Harris, 1025 Mission Drive, Southlake, Texas;
Julie Hendrix, 110 East Chapel Downs, Southlake, Texas;
Kate Hendrix, 110 East Chapel Downs, Southlake, Texas;
Kent Hendrix. 110 East Chapel Downs, Southlake, Texas;
Cole Holmes, 200 Bob -O -Link, Southlake, Texas;
Shani Holmes, 200 Bob -O -Link, Southlake, Texas;
Stacey Jackson, 1121 Merlot Drive, Southlake, Texas;
Sonia Khan, no address provided;
Rory King, 921 Dove Creek Trail, Southlake, Texas;
Stephanie King, 921 Dove Creek Trail, Southlake, Texas;
Chris Koh, 203 East Chapel Downs Drive, Southlake, Texas;
David LaChance, 910 Emerald Boulevard, Southlake, Texas;
Audra Lewandowski, 405 Indian Paintbrush, Southlake, Texas;
Nandini Malla, 300 Preakness Circle, Southlake, Texas;
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Michael and Stacey Maeker, 1204 Sabine Court, Southlake, Texas;
Sherry Matheson, 800 Dove Creek Trail, Southlake, Texas;
Karie McBride, 108 East Chapel Downs Drive, Southlake, Texas;
Michael McBride, 108 East Chapel Downs Drive; Southlake, Texas;
Barry McClelland, 710 Dove Creek Trail, Southlake, Texas;
Barbara Milhizer, 569 Round Hollow Lane, Southlake, Texas;
Eric Milhizer, 569 Round Hollow Lane, Southlake, Texas;
Gabriella Miller, 405 Orchard Hill Drive, Southlake, Texas;
Ward Miller, 405 Orchard Hill Drive, Southlake, Texas;
Matt Moustakas, 913 Dove Creek Trail, Southlake, Texas;
Ted Murday, 201 East Chapel Downs, Southlake, Texas;
Barbara Oliphant, 1035 Summerplace Lane, Southlake, Texas;
Virvil Oliphant, 1035 Summerplace Lane, Southlake, Texas, "We object to the variance
request. A lot of thorough study went into developing the ordinances. They can
be complied with. ";
Timm Olson, 919 Dove Creek Trail, Southlake, Texas;
Trish Olson, 919 Dove Creek Trail, Southlake, Texas;
Steven Pidgley, 209 East Chapel Downs, Southlake, Texas;
Ken Quigley, 925 Southcrest Court, Southlake, Texas;
Robert Scheurle, 415 Southview Trail, Southlake, Texas;
Monique Schill, 162 Jellico Circle, Southlake, Texas;
Robin Schill, 162 Jellico Circle, Southlake, Texas;
Virginia Simonson, Flower Mound;
Beverly Spillyards, 1920 Cresson Drive, Southlake, Texas;
David Spillyards, 1920 Cresson Drive, Southlake, Texas;
Janeth Stiller, 218 Bob -O -Link Drive, Southlake, Texas;
Patti Weber, 922 Turnberry Lane, Southlake, Texas;
Ernesto Werbiski, 316 Dove Creek Trail, Southlake, Texas;
Peter Wilcox, 1904 Country Moss Way, Southlake, Texas;
Sally Wilcox, 1904 Country Moss Way, Southlake, Texas;
Matt Wlsman, 1604 Ponderosa, Way, Southlake, Texas; and,
Karen Wilson, 100 Timberline S, Colleyville, Texas.
Mayor Terrell read comment cards from those who were in support but did not wish to
speak:
Bobby G. Adams, 1204 and 1206 Woodsey Court, Southlake, Texas;
Ruth Ann Adams, 1204 and 1206 Woodsey Court, Southlake, Texas;
Olufunmilayo, Akintade, 2133 Kimball Hill Court; Southlake, Texas;
Kurtis Anderson, 1203 Earlston Court, Southlake, Texas;
Veronika Anderson, 555 South White Chapel Boulevard; Southlake, Texas;
Wilfred Anderson, 555 South White Chapel Boulevard, Southlake, Texas;
Greg Billingsley, 1217 Woodsey Court, Southlake, Texas;
Randell Blair, 850 Ownby Lane, Southlake, Texas;
Stan Braun, 950 Lakewood Drive, Southlake, Texas;
Charlie and Carol Broadway, 600 Bentwood Lane, Southlake, Texas;
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Adrienne Byrd, 1800 North White Chapel Boulevard; Southlake, Texas;
Alice Covington, 1213 Woodsey Court, Southlake, Texas;
Jim T. Covington, 1213 Woodsey Court, Southlake, Texas;
Cheryl Davidson, 1013 South Hollow Drive, Southlake, Texas;
Ann Davis, 308 Foxborough, Southlake, Texas;
Mike Denny, 805 Durham Court, Southlake, Texas;
Steve Donohoe, 2121 Kimball Hill Court; Southlake, Texas;
Carlos Dorris, 213 Eastwood Drive, Southlake, Texas;
Karen Dorris, 213 Eastwood Drive, Southlake, Texas;
Mike Farhat, 1060 Harbor Haven, Southlake, Texas;
Dana Faris, 3000 Flamingo Circle, Southlake, Texas;
Gina Faris, 302 Dove Creek Trail, Southlake, Texas;
William Faris, 3000 Flamingo Circle, Southlake, Texas;
Michael Frazier, 1013 South Hollow Drive, Southlake, Texas;
Henry (Dick) Freehling, 381 South White Chapel Boulevard, Southlake, Texas;
Sharon Freehling, 381 South White Chapel Boulevard; Southlake, Texas;
Abigale Gregory, 1201 Oakhurst Drive, Southlake, Texas;
Gale Gregory, 1100 West Southlake Boulevard, Southlake, Texas;
Gay Gregory, 1201 Oakhurst Drive, Southlake, Texas;
Joe D. Gregory, 1100 West Southlake Boulevard, Southlake, Texas;
Regina Gregory, 1201 Oakhurst, Southlake, Texas;
Cindy Grossman, 217 Westwood Drive, Southlake, Texas;
Ken Grossman, 217 Westwood Drive, Southlake, Texas;
Betty Hardisty, 1002 Pine Meadow Court, Southlake, Texas;
Robert V. Hardisty, 1002 Pine Meadow Court, Southlake, Texas;
Bobby Harrell, 325 Clariden Ranch, Southlake, Texas;
Cathy and Mark Hinzman, 803 Cross Lane, Southlake, Texas;
Gary Hollingsworth, 1110 LaPaloma Court, Southlake, Texas;
Judy Hollingsworth, 1110 LaPaloma Court, Southlake, Texas;
Kevin Honig, 905 Carriage Way, Southlake, Texas;
Fred Joyce, 455 Randol Mill, Southlake, Texas;
Mike and Doris Lafavers, 303 East Highland, Southlake, Texas;
Phyllis Lafavers, 620 South White Chapel Boulevard, Southlake, Texas;
Britt Lane, 1609 Enclave Court, Southlake, Texas;
Tammy Lane, 1609 Enclave Court, Southlake, Texas;
Richard Lawrence, 520 Southview Trail, Southlake, Texas;
Ann D. Leavens, 220 Westwood Drive, Southlake, Texas;
Russell W. Leavens, 220 Westwood Drive, Southlake, Texas;
Regina Linkous, 500 South White Chapel Boulevard, Southlake, Texas;
Ron Linkous, 500 South White Chapel Boulevard; Southlake, Texas;
Rebecca Madison, 550 Bentwood Lane, Southlake, Texas;
Tommy Madison, 550 Bentwood Lane, Southlake, Texas;
Amiad Malik, 700 South White Chapel Boulevard, Southlake, Texas;
Anila Malik, 700 South White Chapel Boulevard, Southlake, Texas;
Donnie Marcontell, 600 Garden Court; Southlake, Texas;
Kelly Marcontell, 600 Garden Court; Southlake, Texas;
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Bernice McCauley, 900 Wildwood, Southlake, Texas;
Dick McCauley, 900 VVildwood, Southlake, Texas;
John McSweeney, 2116 Kimball Hill Court, Southlake, Texas;
Jennifer Myers, 801 Cross Lane, Southlake, Texas;
Deric Miller, 750 Lakewood Drive, Southlake, Texas;
Nadolyn Miller, 220 Eastwood Drive, Southlake, Texas;
Jack Milner, 651 East Highland Street, Southlake, Texas;
Jake Milner, 651 East Highland Street, Southlake, Texas;
Jim Milner, 651 East Highland Street, Southlake, Texas;
Joey Milner, 651 East Highland Street, Southlake, Texas;
Laurie Milner, 651 East Highland Street, Southlake, Texas;
Mary Jo Milner, 651 East Highland Street, Southlake, Texas;
Dennis Minder, Woodland Heights HOA, Southlake, Texas;
Dennis and Pattie Minder, 223 Eastwood Drive, Southlake, Texas;
Steve Oren, 2050 Shady Oaks Drive, Southlake, Texas;
D. Todd Parrish, 1313 Bay Meadows, Southlake, Texas;
Aline Perry, 1356 Woodbrook Lane, Southlake, Texas;
Deloris Perry, 1229 Woodsey Court, Southlake, Texas;
Steve Perry, 1356 Woodbrook Lane, Southlake, Texas;
Doug Rake, 304 Preakness Circle, Southlake, Texas;
Connie B. Robertson, 1225 Ridgewood Circle, Southlake, Texas;
Karen Roussos, 2100 Kimball Hill Court, Southlake, Texas;
Zena Rucker, 650 South Carroll Avenue, Southlake, Texas;
Jim Settles, 410 Southview Trail, Southlake, Texas;
Matt Schirle, 1512 Main Street, Southlake, Texas;
Manzufr Shafi, 1861 Sunshine, Southlake, Texas;
Taherah Shafi, 1861 Sunshine, Southlake, Texas;
Frances Shivers, 1800 North White Chapel Boulevard, Southlake, Texas;
Paul Simon, 500 Bentwood, Southlake, Texas;
Mel and Susan Skaggs, 320 West Highland, Southlake, Texas;
Dana Skelly, 1207 Del Mer Drive, Southlake, Texas;
Carl Sledz, 220 Eastwood Drive, Southlake, Texas;
Graylene Spain, 2200 Estes Park, Southlake, Texas;
Lisa Spain, 1030 Primrose Lane, Southlake, Texas;
Paul Spain, 2200 Estes Park, Southlake, Texas;
Gordon Spark, 600 Oak Hill Drive, Southlake, Texas;
Janice K. Spark, 600 Oak Hill Drive, Southlake, Texas;
William E. Stonaker, 2112 Kimball Hill Court; Southlake, Texas;
Pat and Cheri Summerall, 710 South White Chapel Boulevard, Southlake, Texas;
Cynthia Sykes, 720 South White Chapel Boulevard; Southlake, Texas;
J.R. Sykes, 720 South White Chapel Boulevard, Southlake, Texas;
Charlene Upshaw, 655 East Highland Street, Southlake, Texas;
Gail Upshaw, 120 Green Oaks Lane, Southlake, Texas;
Gene Upshaw, 655 East Highland Street, Southlake, Texas;
Mary Upshaw, 653 East Highland Street, Southlake, Texas;
Brooke Upshaw, 120 Green Oaks Lane, Southlake, Texas;
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010
Page 12 of 16
Tara Upshaw, 120 Green Oaks Lane, Southlake, Texas;
John Underwood, 1407 Whispering Dell Court, Southlake, Texas;
Jacob Utley, 1735 Shady Oaks, Southlake, Texas;
Michael Utley, 1735 Shady Oaks, Southlake, Texas;
John Van Son, 675 Southview Trail, Southlake, Texas;
Marilyn Van Son, 675 Southview Trail, Southlake, Texas;
Allan Vivian, 713 Timber Lake Circle, Southlake, Texas;
Tina Wasserman, 520 West Highland Street, Southlake, Texas;
Marcus Wayland, 2508 Rolling Lane, Southlake, Texas;
Jason Whitmire, 2012 Woodbine Circle, Southlake, Texas;
Jim Williams, Southlake Hospital Landowner, 5400 Dallas Parkway, Frisco, Texas;
Ray Williamson, 479 West Highland, Southlake, Texas; and,
Patricia N. Wilson, 2112 Kimball Hill Court, Southlake, Texas.
Rhonda Cleaves, 909 Parkview Lane, Southlake, Texas, spoke in opposition.
Gordon Aalund, 200 East Chapel Downs, Southlake, Texas, spoke in opposition.
Trevor Matheson, 800 Dove Creek Trail, Southlake, Texas, spoke in opposition.
Matt Cleaves, 909 Parkview Lane, Southlake, Texas, spoke in opposition.
City Attorney Taylor addressed a resident's question regarding the Planning and Zoning
Commission action on this item.
Aelena Cook, 404 West Chapel Downs Drive, Southlake, Texas, spoke in opposition.
Patty Gleim, 1905 Amesbury Court, Southlake, Texas, spoke in opposition.
Robert Stiller, 218 Bob -O -Link Drive, Southlake, Texas, spoke in opposition.
Tom Allen, 9 Village Circle, Westlake, Texas, spoke in support.
Eric D. Hulet, 251 Countryside Court, Southlake, Texas, spoke in support.
Bill Lafavers, 620 South White Chapel Boulevard, Southlake, Texas, spoke in support.
Troy Findlay, 802 Dove Creek Trail, Southlake, Texas, spoke in opposition.
Greg Standerfer, 1130 North Carroll Avenue, Southlake, Texas, spoke in support.
Frank Bliss, 1008 Quail Run Road, Southlake, Texas, spoke in support.
Martin Schelling, 2665 North White Chapel Boulevard, Southlake, Texas, spoke in
support.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010
Page 13 of 16
Keith Houser, 1219 Whispering Lane, Southlake, Texas, spoke in support.
Sam Timothy, 715 Kent Court, Southlake, Texas, spoke in support.
Rebecca Utley, 1735 Shady Oaks Drive, Southlake, Texas, spoke in support.
lzak Gregory, 1201 Oakhurst Drive, Southlake, Texas, spoke in support.
Howard Sanders, 1000 Lakewood Drive, Southlake, Texas, spoke in support.
Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, spoke in support.
Esther McElfish, 7112 Martha Lane, Fort Worth, Texas, spoke in opposition.
Kirk Pittard, 601 Haines Avenue, Dallas, Texas, spoke in opposition.
Sheri Hight Brunson, 621 Sunset Court, Argyle, Texas, spoke in support.
Rick Wilhelm, 2209 Yeargain Court, Southlake, Texas, spoke in support.
Motion was made to table and to continue the public hearing for Resolution No. 10 -057
(GAS10 -004), Specific Use Permit for Gas and Oil Well Drilling and Production on
property being located at 651 and 655 East Highland Street to the January 4, 2011 City
Council meeting.
Motion: Hill
Second: Zito
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6G. GAS10 -005, Consider Requested Variances to Ordinance No.
880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for gas well permit(s)
associated with Gas and Oil Well Drilling and Production on property being located at
651 and 655 East Highland Street on property being described as a portion of Lots 1R1
and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN
Neighborhood #7. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously.
Applicant Walter Dueease with XTO Energy, 810 Houston Street, Fort Worth, Texas
made a presentation to Council and answered questions.
Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would
take place simultaneously. He opened all of the public hearings and took public
comments.
Motion was made to table and to continue the public hearing for GAS10 -005, Consider
Requested Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and
Production Ordinance for gas well permit(s) associated with Gas and Oil Well Drilling
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010
Page 14 of 16
and Production on property being located at 651 and 655 East Highland Street to the
January 4, 2011 City Council meeting.
Motion: Hill
Second: Zito
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 6H. GAS10 -006, Consider Requested Variances to Ordinance No.
880 -A, Gas and Oil Well Permit Drilling and Production Ordinance for a pipeline permit
associated with Gas and Oil Well Drilling and Production on property being located at
651 and 655 East Highland Street on property being described as a portion of Lots 1R1
and 2, Block A, Milner Addition. Current Zoning: AG Agricultural District. SPIN
Neighborhood #7. Planner Fletcher presented items 6F, 6G, 6H and 61 simultaneously.
Applicant Walter Dueease with XTO Energy, 810 Houston Street, Fort Worth, Texas
made a presentation to Council.
Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would
take place simultaneously. He opened all of the public hearings and took public
comments.
Motion was made to table and to continue the public hearing for GAS10 -006, Consider
Requested Variances to Ordinance No. 880 -A, Gas and Oil Well Permit Drilling and
Production Ordinance for a pipeline permit associated with Gas and Oil Well Drilling and
Production on property being located at 651 and 655 East Highland Street to the
January 4, 2011 City Council meeting.
Motion: Hill
Second: Zito
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 61. Variance to Noise Ordinance No. 778, as amended, for Energy
Transfer to install a pipeline for the transportation of natural qas along the State
Highway 114 corridor. Planner Fletcher presented items 6F, 6G, 6H and 61
simultaneously. Applicant Rick Smith with Energy Transfer, 800 East Sonterra
Boulevard, San Antonio, Texas made a presentation and answered Council's questions.
Mayor Terrell stated that the public hearings for Agenda Items 6F, 6G, 6H, and 61 would
take place simultaneously. He opened all of the public hearings and took public
comments.
Motion was made to table and to continue the public hearing for the Variance to Noise
Ordinance No. 778, as amended, for Energy Transfer to install a pipeline for the
transportation of natural gas along the State Highway 114 corridor to the January 4,
2011 City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010
Page 15 of 16
Motion: Hill
Second: Muller
Ayes: Bledsoe, Hill, Morris, Muller, Terrell, Wang, Zito
Nays: None
Approved: 7 -0
Agenda Item No. 11. Meeting adiourned. Mayor Terrell adjourned the meeting at 12:57
a.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
/ gr
Zo.i. A I P _ A r
John errel
Mayor
ATTEST:
c "L' (;)
Lori Payne
'1-
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, DECEMBER 7, 2010
Page 16 of 16
Petition to Southlake City Council
We, the residents of Kimball Hills, petition City Council of Southlake, Texas, to allow the street between
Kimball Hill Court and Miracle Pointe to be built as a through street as originally planned.
We do not support in closing the street off between Miracle Pointe and Kimball Hill Court. We believe
this is a safety issue for our neighborhood in that limiting access in and out of Kimball Hills is a potential
problem if there is a fire, police or other emergency on Kimball Hill Court or accident at the intersection
or Kimball Hill Court and South Kimball Avenue. Residents or emergency vehicles could be blocked from
leaving or entering our neighborhood since there is only one way in and out of Kimball Hill Court. Our
children will be safer with a through street since a school bus will then be able to come into our
neighborhood for a bus stop instead of the bus stop being on the busy street of Kimball Avenue.
Emergency vehicles, construction vehicles, school buses and moving trucks currently have limited access
in and out of our neighborhood for two reasons. First, we have a cul -de -sac that they are unable to turn
around in. Secondly, going northbound on Kimball Ave is hindered by a road divider, so they have to
cross two lanes and make a U -turn, which large vehicles are unable to do. Therefore, opening the
additional access through Miracle Pointe, as originally planned, will not only increase safety, but be
more convenient for the neighborhood, city services, emergency vehicles, and the community in
general.
We believe that opening the street will only benefit the neighborhood and our friends/ guests and it will
not be used as a shortcut for anyone outside of the neighborhood. It significantly increases travel
distance and time from Crooked Lane or South Kimball Avenue. It will be safer for travel into our
neighborhood because we will be able to access Kimball Hill by avoiding making a U -turn across 2 lanes
on Southbound Kimball Avenue in traffic and use Miracle Pointe instead. This is especially difficult during
school drop -off and pickup hours and will only get worse since Kimball Avenue is a designated
thoroughfare.
Therefore, we, the undersigned residents and lot owners of Kimball Hills ask the City Council of
Southlake to allow the streets of Kimball Hill Court and Miracle Pointe to be connected and remain open
and public streets.
� �'( nio/Q6a date tJ' Li /&
Sign
,41. M
Print
Christopher or Karen Roussos
2100 Kimball Hill Court
date
Sign
Print
Jamik Properties
2101 Kimball Hill Court
date
Sign
Petition to Southlake City Council from Kimball Hill Court Residents Page 2
Print
Henry or Laura Smith
2104 Kimball Hill Court
' date 4/ Z� / 0
Sign
g extr•1 cS mith
Print
Diana Young
2105 Kimball Hill Court
I4&)4 C'o
date 8-
Sign
Print
Sudha or Sanjay Kanatala
2108 Kimball Hill Court
4 2 ) 20 10
Sign
Petition to Southlake City Council from Kimball Hill Court Residents Page 3
4 0 ` C ^ date (Z- (24
Print
Ken Stone
2109 Kimball Hill Court
Sign
Print
William Stonaker or Tricia Wilson
2112 Kimball Hill Court
k,J ; I l , a tin Sd-o V-\ t
W:LQS .clivv. E . date 8)— LS — 1 0
Sign
Print
John or Michelle McSweeney
2116 Kimball Hill Court
6,0‘;;
Petition to Southlake City Council from Kimball Hill Court Residents Page 4
date 2 5 `l
Sign
Print
C Lewis Homes
2117 Kimball Hill Court
date
Sign
Print
Anarug or Trusha Patal
2120 Kimball Hill Court
date g'7 1 2:)
Sign
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4 A uRAG e C76
Print
Steve or Julie Donahue
Petition to Southlake City Council from Kimball Hill Court Residents Page 5
2121 Kimball Hill Court
t
date 6 1 ` ca
Sign
w __ fl .V
Print
Robert or Carrie Mark
2125 Kimball Hill Court
date
Sign
Print
Jerry or Kathryn Orler
2128 Kimball Hill Court
4 1. /
LQ i J& date 8 Z 1 10
gn
rEgt y J . DtgL &&
Petition to Southlake City Council from Kimball Hill Court Residents Page 6
Print
Chris or Ellena Prokopeas
2129 Kimball Hill Court
_'
///APV: /., date g — Zq — 2 0/ C
Sign
Gkr'/ s g 5
Print
Craig or Samantha Uys
2132 Kimball Hill Court
date 1- /
Sign
GR p-(CI U.1 S
Print
Fummi or Yele Fadayomi
2133 Kimball Hill Court
e •
date / 13 C° / °
Sign
Petition to Southlake City Council from Kimball Hill Court Residents Page 7
•
QLIJ1 LsJ►KuLAY-o ks (,v r A11 E
Print
Hanna Lukosavich
2136 Kimball Hill Court
�}A�►vnr M w f (osA V (C4
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Sign
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Print
Dustin or Brooke Andrews
2137 Kimball Hi Co
fV)('0_,6e--) 5/0/Ar ap /— 8427//4
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Petition to Southlake City Council from Kimball Hill Court Residents Page 8
OIL AND GAS DRILLING ISSUES
The Environmental Protection Agency (EPA) Office of Water regulates waste disposal of
flowback and sometimes the injection of fracturing fluids as authorized by the Safe
Drinking Water Act and Clean Water Act. In addition to Federal authority to regulate the
hydraulic fracturing process, states may have additional regulations on hydraulic
fracturing and the production of fossil fuels.
In order to ensure protection for the environment, communities and safe drinking
water in the 34 states where oil and gas is produced, the oil and gas industry must
be held to the highest standards.
On July 30, 2010, The U.S. Congress took an important step towards establishing
some protections for communities facing oil and gas production in their backyard.
The CLEAR Act eliminates the threat to rivers and streams by closing the oil and
gas construction loophole in the Clean Water Act and also ensures science -based
review of environmental impacts at drill sites under the National Environmental
Policy Act.
The removal of these 2 exemptions is only a piece of a larger reform that is needed to
ensure that oil and gas production is carried out in a way that protects communities and
the environment. Unfortunately, communities continue to be threatened, and in many
cases, damaged. The oil and gas industry also continues to enjoy profits from exemptions
under the Safe Drinking Water Act for hydraulic fracturing, the Clean Air Act for air
pollution emissions, as well as exemptions from the Solid Waste Disposal Act Resource
Conservation and Recovery Act and the Toxics Release Inventory.
On September 16, 2010, Wyoming state legislature implemented the toughest
disclosure rules regarding hydraulic fracturing — and are today, the best in the
nation.
Fracking is suspected of polluting groundwater in Wyoming, Colorado, Texas,
Pennsylvania, New York and other states with shale formations.
The New York State Assembly has passed a "TIMEOUT" on Fracking for Natural
Gas. The Assembly has demonstrated that it recognizes the potential dangers of the
environmentally dangerous practice of fracking. The Bill suspends the issuance of
permits until May 15, 2011. This will allow an opportunity for the State to take a fresh
look at the issues surrounding gas development, provide the legislature to make necessary
changes to the state's oil and gas permitting program.
With this vote, the Assembly prevents New York from completing its hasty and ill -
considered rush to embrace the dirty, dangerous technique known as fracking. New
York has shown the nation that Americans have a right to stand up to big oil and
gas companies. This is the first time any state has ever taken this kind of action to
protect the health and safety of its residents from the consequences of gas drilling.
In March 2010, the EPA announced that it will study the potential adverse impact
that fracking may have on drinking water. The initial results of the study will be
announced in late 2012.
On September 9, 2010, The EPA formally requested information from companies
about chemicals used in natural gas extraction /Information on hydraulic fracturing
chemicals is key to agency study of potential impacts on drinking water.
On November 9, 2010, the EPA announced that 8 out of the 9 fracturing companies
agreed to cooperate by voluntarily providing information on the chemical composition
of fluids used in the fracking process, data on the impacts of the chemicals on human
health and the environment, standard operating procedures at the fracking sites and the
locations of sites where fracturing has been conducted.
One company, HILBURTON, has been subpoenaed by EPA to provide information.
EPA's goal is to understand the identity of all chemicals used, the rationale for the
choice of chemicals and concentrations injected into wells, and the concentrations of
each formulation as delivered onsite and as typically injected into wells. Water
used, quantity, quality and specifications of water needed, along with rationale, has
also been requested.
As informed citizens, home - owners, and keepers of the welfare of the city of
Southlake, would it not behoove us to allow the scientists, EPA, and State regulators
to have all the information required in order to make an informed, qualified
decision?
‘440% EPA
if
sc i en c e e n
www, , ov/ord BUILDING A; SCIENTIFIC FOUNDATION FOR SOUND ENVIRONMENTAL DECISIONS
HYDRAULIC FRACTURING RESEARCH STUDY
Why is EPA Studying Hydraulic Fracturing?
Natural gas plays a key role in our nation's clean Figure 1 m
energy future and hydraulic fracturing is one way of Prorate 'trUell
accessing this vital resource. Over the past few
()linking Water a _ 1 _,,.
years, the use of hydraulic fracturing for gas Aquifers I
extraction has increased and has expanded over a s
wider diversity of geographic regions and geologic Shale Fractures
formations. It is projected that shale gas will
comprise over 20% of the total U.S. gas supply by
2020. Given this expansion and increasing concerns, 1111111111111M111
EPA announced in March 2010 that it will study the
potential adverse impact that hydraulic fracturing
may have on drinking water.
EPA has sought advice regarding the potential scope „�
of the study plan from EPA's Science Advisory Board
� ��
(SAB) Environmental Engineering Committee, an � ���
independent, external federal advisory committee. Fracture Stages
The SAB's input will help ensure that a sound
scientific approach is used to develop the study plan. Hydraulic fracturing involves the pressurized
During this summer, EPA will conduct a series of injection of fluids commonly made up of water and
meetings to receive broad, balanced input on the chemical additives into a geologic formation. The
pressure exceeds the rock strength and the fluid
study plan from stakeholders in key regions affected opens or enlarges fractures in the rock. As the
by hydraulic fracturing. formation is fractured, a "propping agent," such as
EPA will use the results from the study to help sand or ceramic beads, is pumped into the fractures
evaluate potential risks associated with hydraulic to keep them from closing as the pumping pressure
fracturing in an effort to protect America's is released. The fracturing fluids (water and
communities and resources. chemical additives) are then returned back to the
surface. Natural gas will flow from pores and
fractures in the rock into the well for subsequent
What is Hydraulic Fracturing? extraction.
Hydraulic fracturing is a well stimulation process
used to maximize the extraction of underground Wells used for hydraulic fracturing are drilled
resources — oil, natural gas and geothermal energy. vertically, vertically and horizontally, or directionally
The hydraulic fracturing process includes the (Figure 1 depicts vertical and horizontal drilling).
acquisition of source water, well construction, well Wells may extend to depths greater than 8000 feet
stimulation, and waste disposal. or less than 1000 feet, and horizontal sections of a
well may extend several thousands of feet away
from the production pad on the surface.
U.S. Environmental Protection Agency
Office of Research and Development
What is the Connection Between Water and well as a way of conserving water and recycling the
Hydraulic Fracturing? fluids.
Water is needed during the process, and it is a
central component of the waste products. Potential Public concerns have focused recently on the
impacts to drinking water supplies have been impacts of the hydraulic fracturing process used
suggested from many recent reports. during natural gas production from shale and
coalbed methane formations.
Fracturing fluids can be up to 99% water. The
volume of water needed for hydraulic fracturing Potential risks to surface and underground sources
varies by site and type of formation. Fifty thousand of drinking water might occur at various points in the
to 350,000 gallons of water may be required to hydraulic fracturing process. The likelihood of those
fracture one well in a coalbed formation while two risks causing drinking water contamination will be
to five million gallons of water may be necessary to evaluated during the EPA hydraulic fracturing study.
fracture one horizontal well in a shale formation. Contaminants of concern to drinking water include
Water used for fracturing fluids is acquired from fracturing fluid chemicals and degradation products
surface water or groundwater in the local area. and naturally occurring materials in the geologic
formation (e.g. metals, radionuclides) that are
Wastewaters from the hydraulic fracturing process mobilized and brought to the surface during the
may be disposed in several ways. For example, the hydraulic fracturing process.
flowback water following fracturing may be returned
underground using a permitted underground REFERENCES:
injection well, discharged to surface waters after http: // www. epa. gov /ogwdw000 /uic /wells_hydrofrac.html
treatment to remove contaminants, or applied to http: // www. epa.gov /safewater/ uic /wells_coalbedmethanestudy.html
land surfaces. Not all fracturing fluids injected into
the geologic formation during hydraulic fracturing EPA is interested in receiving comments on the proposed
are recovered. Estimates of the fluids recovered hydraulic fracturing research study. Please submit your
range from 15 -80% of the volume injected comments to EPA at hydraulic.fracturing @epa.gov, or
depending on the site. Some companies reuse send written comments to Jill Dean, 1200 Pennsylvania
flowback to hydraulically fracture more than one Ave. NW, Mail code 4606M, Washington, DC 20460.
U.S. Environmental Protection Agency EPA/600 /F - 10/002 June 2010
Office of Research and Development
t t1 V1i1"1 U
Radioactive Waste from oil and
Gas Drilling
The oil and gas industry provides three - fifths of the energy for the United States. Every time we drive in a car,
turn on a light bulb, or cook on a stove we are using the fossils of plants and animals as fuel.
Even though we use oil and gas on a daily basis, most people know little about the extraction process, which
takes oil and gas from the ground and provides us with material to produce energy, but may also leave behind
waste containing concentrations of naturally - occurring radioactive material. Many people do not know about
the radioactive waste generated by this process. Not all wells or sites may have associated radioactive wastes,
and not all of the radioactivity in the wastes may be considered harmful, but some areas of the country are
more likely to have this problem than others (upper Midwest, or Gulf Coast states for instance). Workers are
the people most likely to be exposed to this source of radiation, but production sites can also pose a potential
hazard to members of the public.
Most states and federal land management agencies have regulations which control the handling and disposal
of radionuclides which may be present in produced water, drilling mud, or can concentrate in pipes, storage
tanks, or other extraction equipment. The contamination may be present in mineral scale, sludges, slimes, or
evaporation ponds or pits. Production sites which were developed prior to the mid -1970s may not have
properly disposed of wastes that potentially contain this source of radioactivity. Building on this land, making
this land accessible to the public and re -using contaminated equipment in construction are ways the public can
be exposed to radiation from the drilling process.
There are two categories of radioactive material that workers and the public need to be concerned about:
• Naturally - occurring radioactive material (NORM) that are released into the atmosphere and deposited
on the ground through the drilling process, and
• Technologically - enhanced naturally - occurring radioactive material (TENORM), which is
radionuclides that have been concentrated by the extraction and production process, such as mineral
scales and sludge waste buildup in oil and gas extraction equipment.
The radiation comes from naturally - occurring radioactive material (NORM) in the underground rock and
sediment. When companies drill for gas or oil, the produced fluids, including water, may contain
radionuclides, primarily radium -226, radium -22g, and radon. The radon gas may be released to the
atmosphere, while the produced water and mud containing radium are placed in ponds or pits for evaporation,
re -use, or recovery.
The radium brought up during drilling can also decay to radon gas, which a worker can inhale and
can raise the risk of lung cancer. Radium -226 emits gamma radiation and the lead emits low -level
energy gamma radiation and beta particles. Gamma radiation can also penetrate the skin and raise the
risk of cancer. Following worker safety guidance will reduce total on -site radiation exposure.
Who is protecting you
U.S. Environmental Protection Agency (EPA)
EPA is responsible for setting federal radiation standards for exposure to NORM and TENORM.
United States Environmental Protection Agency I Office of Radiation and Indoor Air t6608J) I EPA 402 -F -06 -038 I April 2006
www.epa_gov/radtown /drilling- waste.html
RadTown USA
EPA develops standards for the oil and gas extraction and production industry under the Clean Air Act
(CAA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Resource Conservation and Recovery
Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
The States
Each state has one or more programs that address both NORM and TENORM.Some state have established or
set limits to control to TENORM. These limits apply to the oil and gas drilling industry. Most states also
control public exposure to radioactive through programs implementing the federal Clean Air Act, Clean Water
Act and other environmental laws authorized by the U.S. Environmental Protection Agency.
U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA)
DOL's Occupational Health and Safety Administration (OSHA) establishes health and safety regulations for
the Oil and Gas Extraction, Production and Servicing Industry. OSHA also issues hazardous information
bulletins to inform staff and the public of significant occupational safety and health issues including radiation
hazard recognition, evaluation, and control in the workplace.
U.S. Department of Energy (DOE)
DOE provides grants for research on the use and disposal of radioactive materials related to the development
of energy sources.
What can you do to protect yourself
Government organizations continue to address potential threats from oil and gas drilling and production for
the public health and safety but you can take actions as well for your own health and safety.
Workers in the industry have the potential for overexposure to radioactive material and must stay up -to -date
on federal, state and industry health and safety guidelines. Following these procedures will reduce total on -site
exposure. Workers also need to take precautions to avoid bringing radioactive material residue on their
clothes and shoes home to their families and neighborhoods.
• Remove potentially contaminated clothes and shoes before returning to the family car and to your
home or office.
• Do not bring home discarded equipment or material used at sites such as pipes, devices, bricks rocks,
and water or re -use these materials as containers or as building materials.
Members of the public should contact their local state geological survey or bureau of health to determine if
there is a likelihood of NORM and TENORM occurrence associated with oil and gas production in their state,
or area where they live. Until then:
• Limit exposures and disturbance of the production site and any abandoned equipment.
• Do not handle, dispose or re -use abandoned equipment used at drilling sites.
Resources
You can explore this radiation source further through the resources at the following URL:
ht _'__ www epa.gov'radtownrdrilling waste.htm?fresourccs
We provide these resources on -line rather than here so we can keep the links up -to -date.
United States Environmental Protection Agency ; Office of Radiation and Indoor Air (6608J) I EPA 402-F -06 -038 I April 2006
www.epa.gov /radtown /drilling- waste.html
11/09/2010: Eight of Nine U.S. Companies Agree to Work with EPA Regarding Chemica... Page 2 of 3
Eight of Nine U.S. Companies Agree to Work
with EPA Regarding Chemicals Used in Natural
Gas Extraction / EPA conducting
congressionally mandated study to examine
the impact of the hydraulic fracturing process
on drinking water quality; Halliburton
subpoenaed after failing to meet EPA's
voluntary requests for information
Release date: 11/09/2010
Contact Information: Jalil Isa (Media Inquiries only), isa.jalil @epa.gov, 202- 564 -3226, 202 - 564 -4355
WASHINGTON — The U.S. Environmental Protection Agency (EPA) today announced that eight out of the nine
hydraulic fracturing companies that received voluntary information requests in September have agreed to submit
timely and complete information to help the agency conduct its study on hydraulic fracturing. However, the ninth
company, Halliburton, has failed to provide EPA the information necessary to move forward with this important study.
As a result, and as part of the agency's effort to move forward as quickly as possible, today EPA issued a subpoena to
the company requiring submission of the requested information that has yet to be provided.
EPA's congressionally mandated hydraulic fracturing study will look at the potential adverse impact of the practice on
drinking water and public health. The agency is under a tight deadline to provide initial results by the end of 2012 and
the thoroughness of the study depends on timely access to detailed information about the methods used for fracturing.
EPA announced in March that it would conduct this study and solicit input from the public through a series of public
meetings in major oil and gas production regions. The agency has completed the public meetings and thousands of
Americans from across the country shared their views on the study and expressed full support for this effort.
On September 9, EPA reached out to nine leading national and regional hydraulic fracturing service providers — BJ
Services, Complete Production Services, Halliburton, Key Energy Services, Patterson -UTI, RPC, Inc., Schlumberger,
Superior Well Services, and Weatherford — seeking information on the chemical composition of fluids used in the
hydraulic fracturing process, data on the impacts of the chemicals on human health and the environment, standard
operating procedures at their hydraulic fracturing sites and the locations of sites where fracturing has been conducted.
Except for Halliburton, the companies have either fully complied with the September 9 request or made unconditional
commitments to provide all the information on an expeditious schedule.
More information on the subpoena and mandatory request for information on Halliburton's hydraulic fracturing
operations: http:// www.epa.nov /hydraulicfracturinq
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http: / /yosemite. epa. gov /opa/admpress.nsf /dOcf6618 525a9efb8525 73 59003 fb69d/a9649644... 12/7/2010
- „
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASH|NGT{)N.D.C. 20480
OFF ICE
Wm/e-4
K70UKl[UFIEDMN/kKL
RETURN RECEIPT REQUESTED
Mr. David J. Lesar
Chairman and Chief Executive Officer
Halliburton
000 North Sirn Houston Parkway Fast
Houston, Texas 77032
Re: Subpoena and Information Request Pursuant to the Toxic Substances
Control Act, Clean Water Act, and Resource Conservation and Recovery
Act
Dear Mr. Lesar:
Enclosed is a subpoena and mandatory request for information on your company's
hydraulic fracturing operations, with a deadline for response of December 2010. The
D.O. Environmental Protection Agency (^BP/\``) is compelkd 10 take this step because
repeated discussions with your company have failed to provide assurance that Hul}ibudou
will submit timely er complete information ouuvoluntary basis that is fundamental to the
agency's Congressionally-mandated study to determine the impacts of fracturing
operations on safe drinking water supplies.
Data from your company and othcrs are essential to reach informed, science-
based judgments about these impacts. We need the data promptly so that, combined with
other information we intend to collect, EPA has a sound foundation for initiating rcsearch
in the first part of20ll and providing prelirninary results by the close of 2012. EPA will
also be considering the information for possible guidance assessment and rulemaking
under various authorities.
By letter dated September 9, the agency requested voluntary submissions from
Hallihurton and eight other fracturing companies. The letter asked the companies to
commit 10 provide all the requested information within 5 days and to fully comply with
the requests within 30 days. We offered 10 meet with companics to discuss thc scope of
the request and reasonable extensions o[time. As a iesult of these discussknis, we have
reached understandings with all companies except Hallihurton on the terms and timing of
information submission. A number ofcompanies have provided alt the requested
wou* /upa"-v",amov
Recycled/Recyclable °*."uu"''xveg^u:/" Oil Bawd ,"^u p^n,s '..ex,Gy"°^Paper
information. The remainder made unconditional commitments tocumn8c� on
b�oriuNnvconher or, o* the |ateyLcudI[lccun�bcr. complete production
provided cpies ofrnaterial sakty data sheets for
fracturing products in response to EPA question l and additional information about the
health and environmental impacts of these products in respone to EPA question 2. On
October 29, 2010, EPA staffcontacted tlie company to request that it commit in wriling
to provide the remaining materials by November 15. The company's response. dated
October 2O,20l0, states only that it will usc its "hesi etThris" and "endeavor to complete
its rcsponse" hy thc end of January 2011. The company cites the burdens mfcomplying
but adopts an unreasonable interpretation of EPA's request at odds with guidance
provided by EPA at an October 8 meeting and confinned in writing by the company in its
October \2,ZD101etter.
EPA believes that Flalliburton's response is inadequate and inconsistent with the
cooperation shown to date by the other eight coinpanie.s. Since BeJ}ihurtnn appears not
to be cornmittcd to providing all the requested inforniation on an expeditious schedule,
EPA, therefore is ordering the submission of the inforrnatioii outlined in the enclosed
Subpoena and Information Requesi. pursuant to the authorities citcd therein.
If you have questions about the enclosed request, please contact Carrie Wehling
iu the EPA's Office of General Counsel, ut(202) 564'5492oru1
webliug.000ieQcpu.Auv. Ihank you tor your cooperation in this matier.
Sincerely yours,
-ter S. Silva
Enclosure
Cc: Bob Moran
Pam|Anastao
Stephen A. Owens
K4a¢byS|mdo|uun
2
«Title» «First_Name» «Last_Name»
«Company_Name»
«Address_Line_1»
«Address_Line_2»
«City», «State» «ZIP_Code»
Dear «Title» «Last Name»:
I am requesting your cooperation in a scientific study the U.S. Environmental Protection
Agency is conducting to gather information about the hydraulic fracturing process for natural -gas
production and to assess its potential impacts on drinking -water quality and public health.
Congress has asked the EPA to conduct this study to address concerns that hydraulic fracturing
may be affecting the safety of drinking water. In numerous U.S. communities where fracturing is
under way, citizens are voicing serious concerns. The EPA is holding four major public
meetings, and thousands of Americans throughout the nation are sharing their views on the study
and expressing full support for this effort.
Natural gas is a key part of our nation's energy future. My request is part of an effort to
ensure that the innovative development of domestic sources of energy proceeds in a way that
protects our environment and our health. The EPA's study will proceed through a transparent,
peer- reviewed process with significant stakeholder input. We are committed to using the best
available science. We already have conducted extensive outreach and look forward to the
continuing participation of industry, independent experts and the public.
The thoroughness of our study depends on timely access to detailed information about the
methods used for fracturing. Much of this information is uniquely in the possession of companies
performing fracturing operations. As Administrator of the EPA, I ask that you assist our
scientists by providing information on several topics, including the chemical composition of
fluids, standard operating procedures and the sites at which you engage in hydraulic fracturing.
If you have any questions, please have your staff contact Fred Hauchman or Jeanne
Briskin in the EPA's Office of Research and Development at (202) 564 -6705 or at
hauchman.fred @epa.gov and briskin.jeanne @epa.gov.
1
We would appreciate your cooperation in this study. Please see the enclosure for our
information request and more details.
Sincerely,
Lisa P. Jackson
Enclosure
cc: «CC name»
«cc title»
ENCLOSURE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
INFORMATION REQUEST
The U.S. Environmental Protection Agency ( "EPA" or "Agency ") is conducting a scientific study
to investigate the potential impact that hydraulic fracturing may have on drinking water quality and public
health.
EPA is undertaking the hydraulic fracturing study at the request of the U. S. Congress,
specifically the Appropriations Conference Committee of the House of Representatives. In its Fiscal
Year 2010 budget report, the Committee asked EPA to carry out a study on the "relationship between
hydraulic fracturing and drinking water, using a credible approach that relies on the best available
science, as well as independent sources of information." EPA requests your cooperation in providing
information to support the study.
To help EPA evaluate the potential impact of hydraulic fracturing on drinking water quality and
public health, EPA requests that you provide full and complete information in response to the questions
set forth in this enclosure. Using your response, we will be identifying follow -up information that you or
other companies in the industry should be able to provide to further support our study. Please provide
the information within thirty (30) days of receipt of this request.
All submissions should be addressed to:
Rebecca Foster
U S EPA/ORD/NRMRL /G W ERD
P.O. Box 1198 (mailing address)
919 Kerr Research Dr. (delivery address)
Ada, OK 74820
580- 436 -8750
2
•
Additionally, EPA requests that within seven (7) days of receipt of this request, you provide
notice as to whether or not you will submit all of the information requested. Please notify Jeanne
Briskin regarding your decision about whether or not you will submit all of the information requested at
briskin.jeanne@epa.gov.
Data provided in response to this request may be claimed as Confidential Business Information
(CBI) and will be handled in accordance with EPA confidentiality regulations at 40 CFR Part 2, Subpart
B. All responses which contain information claimed as CBI must be clearly marked as such. Persons
submitting information, any portion of which they believe is entitled to treatment as CBI by EPA, must
assert a business confidentiality claim in accordance with 40 CFR 2.203(b) for each such portion. This
claim must be made at the time that the information is submitted to EPA. If a submitter does not assert a
confidentiality claim at the time of submission, EPA will consider this as a waiver of any confidentiality
claim and the information may be made available to the public by EPA without further notice to the
submitter.
EPA is requesting that you provide this information voluntarily; however, to the extent that EPA
does not receive sufficient data in response to this letter, EPA will be exploring legal alternatives to
compel submission of the needed information. Since EPA will be considering using its legal authorities
to require submission if necessary, the standard for any determination of eligibility for confidential
treatment will be that which applies to information that has been submitted pursuant to a requirement by
EPA. By submitting information in response to this letter, you are agreeing to this standard.
Please read this enclosure carefully and follow the directions provided. Your response is
requested within thirty (30) days of receipt of this letter. Directions for properly submitting information
responsive to this request and for claiming CBI are included in the enclosure. Depending on the
information you may provide in response to this request, EPA may follow up with a request for your
voluntary submittal of additional information.
The information requested herein is separate from information requests that have been issued by
the U.S. House of Representatives Committee on Energy and Commerce in furtherance of the
Committee's investigation into the potential impacts of hydraulic fracturing. EPA asks that you submit
the information requested, even if the identical information was, or will be, provided to the Committee in
furtherance of its investigation.
EPA requests that the information you submit be verified by, and submitted under an authorized
signature by, a responsible corporate officer, with the following certification:
I certify that this document and all attachments were prepared under my direction
or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, I certify that the information
submitted is, to the best of my knowledge and belief, true, accurate, and
1 The term "responsible corporate officer," as used herein, means a president, secretary, treasurer, or vice -
president of the corporation in charge of a principal business function, or any other person who performs
similar policy or decision - making functions for the corporation.
3
complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations.
As referenced above, requests for confidential treatment of documents must be made when
information or access to records is provided and in accordance with the instructions provided below.
INSTRUCTIONS
EPA requests that you follow the instructions below in developing and submitting responses to
this information request:
A. Respond to Each Request Completely. Each request is numbered and may contain
subparts identified by lowercase letters. A separate response should be made to each
request and subpart. Provide a separate narrative response to each request and subpart
and clearly identify your responses with the number, subpart, and text of the request to
which it corresponds. Each question posed should be answered. If the appropriate
response is "none" or "not applicable," that information should be so stated. You should
also submit any documents you relied on in preparing your response.
B. Source(s) of Response. Include with each narrative response, the name, position, and
title of each person(s) who provided information responsive to the request.
C. Electronic Submittal. You should submit your responses as one or more electronic files
on a CD or similar media storage device in a form that allows EPA to readily retrieve and
utilize the information using commercially available software. To that end, EPA requests
that your responses be provided on the CD enclosed with this request and that you use the
Excel spreadsheet format contained on the CD. Your electronic files should be
accompanied by a letter that identifies the file software and version, file name(s), size(s),
date(s), and time(s) of creation. Your electronic files should include any documents you
relied on in preparing your responses.
D. Submitting Maps. When submitting maps, identify the scale of the map, the map title and
an explanation of what the map depicts. When identifying features on the map, either
label the feature at its location on the map or include in the map's legend the symbol used
for identifying the feature.
E. Submission of Documents. Label each document submitted with the request number and
subpart (if applicable) to which it corresponds. Date stamp each document you submit.
If anything is deleted from a document produced in response to this request, state the
reason for and the subject matter of the deletion.
F. Documents Responsive to More than One Request. If a document you submit is
responsive to more than one request, please provide one copy of the document and
identify all the requests, by number and subpart, to which it corresponds.
G. Do Not Substitute Derivative or Summary Documents. Where a document is requested,
please provide the responsive document. You may, if you wish, provide additional or
explanatory documents to accompany the responsive document(s).
4
H. Provide the Best Information Available. Unless otherwise specified, we are not
requesting that you create new data or information. However, you should provide
responses to the best of your ability, even if the information sought was never put down
in writing or if the written documents are no longer available. You should seek
responsive information from current and former employees and/or agents. If you cannot
provide a precise answer to any questions, please approximate and state the reason for
your inability to be specific.
Unavailability of Records. If you are unable to respond to a request in a detailed and
complete manner, or if you are unable to provide any of the information requested,
indicate the reason for your inability to do so. If a record(s) responsive to a request is not
in your possession, custody, or control and you have reason to believe that another person
may be able to provide it, state the reasons for your belief and provide the person's name,
address, telephone number, and any information available (i.e., author, date, or subject
matter) about the record(s).
J. Documents That Have Been Transferred. If any records responsive to a request have
been transferred or otherwise disposed of, identify the document, identify the person to
whom it was transferred, describe the circumstances surrounding such transfer or other
disposition, and state the date or approximate date of such transfer or other disposition.
K. Provide and/or Correct Information on a Continuing Basis. If any records responsive to a
request are not known or are not available to you at the time you submitted your
response, but later become known or available to you, you should submit the new
information as a supplement to your response. If at any time after submission of your
response you learn that any portion is or becomes false, incomplete, or misrepresents the
facts, you should notify EPA of this fact as soon as possible and provide a corrected
response. If any part of the response to this information request is found to be false, the
signatory to the response and the company may be subject to criminal prosecution.
L. Identify Personal Privacy Information. Personnel and medical files, and similar files, the
disclosure of which to the general public may constitute an invasion of privacy, should be
segregated from your responses, included on separate sheet(s), and marked as "Personal
Privacy Information." You should note, however, that unless prohibited by law, EPA
may disclose this information to the general public without further notice to you.
M. Indicate Objections to Requests. While you may indicate that you object to certain
requests contained in this information request, EPA requests that you provide responsive
information notwithstanding those objections.
N. Claims of Privilege. If you claim that an entire document responsive to this information
request is a communication for which you assert that a privilege exists, identify the
document and provide the basis for asserting the privilege. For any document for which
you assert that a privilege exists for a portion of it, provide the portion of the document
for which you are not asserting a privilege; identify the portion of the document for
which you are asserting the privilege; and provide the basis for such an assertion. Please
note that regardless of the assertion of any privilege, any facts contained in the document
which are responsive to this information request should be disclosed in your response.
O. Confidential Business Information. You should provide the information requested even
though you consider it confidential information or trade secrets. You may assert a
5
•
business confidentiality claim for part or all of the information requested, as described
below and set forth in 40 C.F.R. Part 2, Subpart B. Information covered by such a claim
will be disclosed by EPA only to the extent and only by the procedures set forth in 40
C.F.R. Part 2, Subpart B. If no confidentiality claim accompanies the information when
EPA receives it, the information may be made available to the public by EPA without
further notice to you.
If you wish EPA to treat any information or response as "confidential," you must advise EPA and
comply with the following procedures. Place on or attach to the information at the time it is submitted to
EPA a cover sheet, stamped or typed legend, or other suitable form of notice employing such language as
trade secret, proprietary, or company confidential. You must clearly identify allegedly confidential
portions of otherwise non - confidential documents, and you may want to submit these separately to
facilitate identification and handling by EPA. EPA will ask you to substantiate each claim of confidential
business information by separate letter in accordance with applicable EPA regulations, 40 C.F.R. Part 2,
Subpart B.
6
DEFINITIONS
Please use the following definitions for purposes of responding to the questions set forth below:
Except as otherwise defined below, terms in this information request have the same
definition used in the CWA, 33 U.S.C. §§ 1251 through 1387, RCRA, 42 U.S.C.
§§ 6901 through 6992k, and TSCA, 15 U.S.C. §§ 2601 through 2695d, and the regulations
promulgated thereunder.
A. The terms "and" and "or" shall be construed either disjunctively or conjunctively as
necessary to bring within the scope of this information request any information which
might otherwise be construed to be outside its scope.
B. The term "any," as in "any documents," for example, shall mean "any and all."
C. The term "Company" shall mean the entity identified as the addressee on the cover letter
to this information request and all related and affiliated corporate entities (including, but
not limited to, parent corporations, subsidiaries, joint ventures, partnerships, and
affiliates) that perform hydraulic fracturing services.
D. The term "correspondence" or "communications" includes, but is not limited to, all oral,
written, telephonic, facsimile, and electronic correspondence and/or communications.
E. The term "describe" means to detail, depict, or give an account of the requested
infonnation, or to report the content of any oral and /or written correspondence,
communication, or conversation, or to report the contents of any document, including the
title, the author, the position or title of the author, the addressee, the position or title of
the addressee, indicated or blind copies, date, subject matter, number of pages,
attachment or appendices, and all persons to whom the document was distributed, shown,
or explained.
F. The terms "document" and "documents" shall mean any information subject to any
method of recording, storage, or transmittal, and shall include any information now or
formerly in your possession, custody or control, or now or formerly in the possession,
custody or control of any agent acting on your behalf. "Document" shall include, but not
be limited to:
1. Writings of any kind, formal or informal, whether or not wholly or partially in
handwriting, typed form, or printed form, including drafts, originals, and nonconforming
copies that contain deletions, insertions, handwritten notes or comments, and including
(by way of illustration and not by way of limitation) any of the following:
a. invoices, receipts, endorsements, checks, bank drafts, canceled checks,
deposit slips, withdrawal slips, orders;
b. letters, correspondences, faxes, telegrams, telexes, electronic
communications including, but not limited to, e-mails and other
correspondence using computers or other electronic communication
devices;
7
c. minutes, memoranda of meetings and telephone and other conversations,
telephone messages;
d. agreements, contracts, and the like;
e. log books, diaries, calendars, desk pads, journals;
f. bulletins, circulars, forms, pamphlets, statements;
g. reports, notice, analysis, notebook;
h. graphs, charts; or
i. records, pamphlets, surveys, manuals, statistical compilations, pictures.
2. Microfilm or other film record, photograph, or sound recording on any type of device.
3. Any tape, disc, or other type of memory generally associated with computers and data
processing, together with:
a. the programming instructions and other written material necessary to use
such disc, disc pack, tape, or other type of memory; and
b. printouts of such disc, disc pack, tape, or other type of memory.
4. Attachments to or enclosures with any document.
G. The term "flowback" as used in this information request refers to the water mixture
produced when the hydraulic fracturing procedure is completed and pressure is released,
and the direction of fluid flow reverses. The well is "cleaned up" by allowing water and
excess proppant to flow up through the wellbore to the surface. Both the process and the
returned water are commonly referred to as " flowback" and the term is used in both ways
herein.
H. The term "identify" or "provide the identity of means, with respect to a person to set
forth: (a) the person's full name, (b) present or last known business and home addresses
and telephone numbers; (c) present or last known employer (including the full name and
address), with job title, and position or business;
The term "identify" or "provide the identity of' means, with respect to a corporation,
partnership, business trust, government office or division, or other entity (including a sole
proprietorship), to set forth: (a) its full name; (b) complete street address; (c) legal form
(e.g. corporation, partnership); (d) the state under whose laws the entity was organized;
and (e) a brief description of its business.
J. The term "identify" or "provide the identity of' means, with respect to a document, to
provide: (a) its customary business description (e.g., letter, invoice); (b) its date; (c) its
number if any (e.g., invoice or purchase order number); (d) the identity of the author(s),
the address, and the addressee(s) and /or recipient(s); (e) and a summary of the substance
or the subject matter.
K. The term "person" means an individual, trust, fire, joint stock company, corporation
(including a government corporation), limited liability company, partnership, association,
State, municipality, commission, political subdivision of a State, or an interstate body.
8
L. The term "produced water" as used in this information request refers to the water mixture
produced when the drilling and fracturing of the well are completed, and water is
produced along with the natural gas. Some of this water is returned fracture fluid and
some is natural formation water. These produced waters move back through the wellhead
with the gas.
M. The term "site" means a property where natural gas drilling and related activities occur,
whether or not the property is owned or leased by the Company, including all areas
within the exterior boundaries of that property. Multiple wells may be located at a single
site.
QUESTIONS
Your response to the following questions is requested within thirty (30) days of receipt of
this information request:
1. Provide the name of each hydraulic fracturing fluid formulation/mixture distributed or
utilized by the Company within the past five years from the date of this letter. For each
formulation/mixture, provide the following information for each constituent of such product.
"Constituent" includes each and every component of the product, including chemical
substances, pesticides, radioactive materials and any other components.
a. Chemical name (e.g., benzene — use IUPAC nomenclature);
b. Chemical formula (e.g., C
c. Chemical Abstract System number (e.g., 71- 43 -2);
d. Material Safety Data Sheet;
e. Concentration (e.g., ng /g or ng /L) of each constituent in each hydraulic fracturing
fluid product. Indicate whether the concentration was calculated or determined
analytically. This refers to the actual concentration injected during the fracturing
process following mixing with source water, and the delivered concentration of the
constituents to the site. Also indicate the analytical method which may be used to
determine the concentration (e.g., SW -846 Method 8260, in -house SOP), and include
the analytical preparation method (e.g., SW -846 Method 5035), where applicable;
f. Identify the persons who manufactured each product and constituent and the persons
who sold them to the Company, including address and telephone numbers for any
such persons;
g. Identify the purpose and use of each constituent in each hydraulic fracturing fluid
product (e.g., solvent, gelling agent, carrier,);
h. For proppants, identify the proppant, whether or not it was resin coated, and the
materials used in the resin coating;
i. For the water used, identify the quantity, quality and the specifications of water
needed to meet site requirements, and the rationale for the requirements;
9
j. Total quantities of each constituent used in hydraulic fracturing and the related
quantity of water in which the chemicals were mixed to create the fracturing fluids to
support calculated and /or measured composition and properties of the hydraulic
fracturing fluids; and
k. Chemical and physical properties of all chemicals used, such as Henry's law
coefficients, partitioning coefficients (e.g. K K K aqueous solubility,
degradation products and constants and others.
2. Provide all data and studies in the Company's possession relating to the human health and
environmental impacts and effects of all products and constituents identified in Question 1.
3. For all hydraulic fracturing operations for natural gas extraction involving any of the products
and constituents identified in the response to Question 1, describe the process including the
following:
a. Please provide any policies, practices and procedures you employ, including any
Standard Operating Procedures (SOPs) concerning hydraulic fracturing sites, for all
operations including but not limited to: drilling in preparation for hydraulic
fracturing including calculations or other indications for choice and composition of
drilling fluids /muds; water quality characteristics needed to prepare fracturing fluid;
relationships among depth, pressure, temperature, formation geology, geophysics and
chemistry and fracturing fluid composition and projected volume; determination of
estimated volumes of flowback and produced waters; procedures for managing
flowback and produced waters; procedures to address unexpected circumstances such
as loss of drilling fluid/mud, spills, leaks or any emergency conditions (e.g., blow
outs), less than fully effective well completion; modeling and actual choice of
fracturing conditions such as pressures, temperatures, and fracturing material choices;
determination of exact concentration of constituents in hydraulic fracturing fluid
formulations /mixtures; determination of dilution ratios for hydraulic fracturing fluids,
and
b. Describe how fracturing fluid products and constituents are modified at a site during
the fluid injection process.
4.
a. Identify all sites where, and all persons to whom, the Company:
i. provided hydraulic fracturing fluid services that involve the use of hydraulic
fracturing fluids for the year prior to the date of this letter, and
ii. plans to provide hydraulic fracturing fluid services that involve the use of
hydraulic fracturing fluids during one year after the date of this letter.
b. Describe the specific hydraulic fracturing fluid services provided or to be provided
for each of the sites in Question 4.a.i. and ii., including the identity of any contractor
that the Company has hired or will hire to provide any portion of such services.
For each site identified in response to Question 4, please provide all information specified
in the enclosed electronic spreadsheet.
10
Regulation of Hydraulic Fracturing by the Office of Water I Hydraulic Fracturing 1 US EPA Page 1 of 1
http: // water. epa. gov / type/ groundwateduic/ class2/ hydraulicfracturing hvells_hydroreg.cfm #safehyfr
LTl#.
Hydraulic Fracturing share
You are here (N'a•ur a (ur ),(a'rcr Ground f Water Underground Infection Control *a Class 11>sH f ilk tgwring» Regulation of Hydraulic Fracturing by the Office of Water
Regulation of Hydraulic Fracturing by the Office of Water
Water is an roll grai component of the hydraulic fracturing process EPA Office of Water regulates waste disposal of flowback and sometimes the injection of fracturing fluids as
authorized by the Safe Drinking Water Act and Clean Water Act.
Safe Drinking Water Act
Several ral sl it tes may be leveraged to protect water quality, but EPA's central authority to protect drinking watch is rlrawn from the Safe 10 Onq Water Act 1SDWA) The
proleclion rft USDWs is focased in the Underground Injection Control (U1() progi am. which regulates the subsurface emplacement of fluid. Congress provided for exclusions to
:IC aauthor t ( 3DNJA § 1421«21) however. with the most recent language added via the Energy Policy Act of 2000:
"The term 'underground injection' - --
(A) means the subsurface emplacement of fluids by well in_ection_ and
;f3) excludes
(i) the underground inlec)Pon of natural gar; for purposes of stora {fie. and
iii) ti)e un aerground affection of fluids or propping ragenfs (other than 4,0501 fuels) pursuant to hydraulic fracturing operations related to oil. gas, or geothermal production
actiwLieis.`
- While the 0)e`v'A sperpfically excrIldes hydraulic fracturing horn 11I0 regulation under SL)WA § 1421 (d)(11_ the use of diesel fuel during hydraulic fracturing is still regulated by the
Ulr, prograrn Any service company that performs hydraulic fracturinp using diesel fuel must receive prior authorization from the UIC program. Injection wets receiving diesel fuel
as a hydraulic fracturing additive will he considered C.:lass II wells by the UIC program The 1110 regulations can be found in Title 40 of the Code of Federal Regulations Faris 144
148. Slate eil and gas <iamrd s may haven additional regulations for hydrant ; fr;achning. In addition, states or [PA have authority under the Clean Water Act to regulate
discharge of pr oduce f waters from hydraulic fracturing operations
Clean Water Act
Dsposal of flowback into sr rfaco waters of the United States is regulated by the N,ation.fl Pollutaant Disclk. S rstem 'NPOES permit program- The Clean Water Act
acathe izes the NPD1..10 program
State regulations
In addtton to federal authority to regulate the hydraulic fracturing process. states may have additional regulations on hydraulic fracturing and the production of fossil fuels.
12/7/2010
http://water.epa.gov / type / groundwater /uic /class2/ hydraulicfracturing /wells_hydroreg.cfin
EARTHWORKS - EARTHWORKS applauds passage of key oil and gas reforms Page 1 of 2
Search GO
LARTIIWOEKS
PRESS Rom" 2010 i'Ri1:` S RELEASES coNimEsi " 1 \
21110 Releases EARTHWORKS applauds passage of key oil and gas reforms OI(
1,1.13
Custer National Forest,
111.31 Statement of Jennifer Krill, EARTHWORKS Executive Director, on MT
02 19 the passage of HR 3534 the Consolidated Land, Energy, and "Rancher Not Informed
O:,19 Aquatic Resources Act of 2010 about Mineral Leasing" is
Jeanie Alderson's story
0LL1 about what it means when
7 la WASHINGTON, D. C., July 30 -- " "Today the U.S. Congress takes is taking an important step towards the federal government
establishing some protections for communities facing oil and gas production in their backyard. The owns the minerals below
° ; House voted 209 to 193 to pass the CLEAR Act, which will establish important reforms in both offshore private land - mainly, that
999.08 and onshore oil and gas extraction to protect communities, our water and our air from damage caused surface owners have little or
6.1,1 1 1, 6. by the reckless development of energy resources. no input into the leasing
G 7 s c , process or decisions that will
greatly affect their lives and
Oa. 4 Specifically, EARTHWORKS is pleased that the CLEAR Act eliminates the threat to rivers and streams livelihoods.
by closing the oil and gas construction loophole in the Clean Water Act and also ensures science-
Q5.04;
based review of environmental impacts at drill sites under the National Environmental Policy Act.
The removal of these two exemptions is only a piece of a larger reform that is needed to ensure that oil
"' 10 and gas production is carried out in a way that protects communities and the environment.
85.94 Unfortunately, communities continue to be threatened, and in many cases, damaged, by tThe oil and
98,2.4 gas industry also continues to enjoys profit from exemptions under the Safe Drinking Water Act for
9.4 hydraulic fracturing, the Clean Air Act for air pollution emissions, as well as exemptions from the Solid
00 22
Waste Disposal ActResource Conservation and Recovery Act and the Toxics Release Inventory.
00. la
In order to ensure protection for the environment, communities and safe drinking water in the 34 states
where oil and gas is produced, the oil and gas industry must be held to the highest standards.
417.1
0-.14 - - ENDS --
7.15.2010
11-.16 FOR MORE INlORM.-t F10N
137.2"
07.30 Contact:
05,18
l Cathy Carlson, Senior Policy Advisor, 720 - 839 - 7289
09.19
111 EARTHWORKS 1 1612 K St., NW, Suite 808 I Washington, D.C., USA 20006
111.11 202.887.1872 1 inforearthworksaction.org I Privacy Policy
10,18
10.39
11.02
11,01
11.26
11.30
11.30.'N8 0
2009 Releacea
20118 Releases
2007 Releases
2006 Releases
2008 Releasers
2004 Release
In 7 he New.
1 U NA t(11UN
1'1') )i4 1
1.08 11 11C7kK
( - t\1P -t1GNs
http: // earthworksaction .org /PSCLEARpassageHouse.cfm 12/7/2010
EARTHWORKS - FRACKING: Wyoming Requires Disclosure of Chemicals in Natural ... Page 1 of 2
Search GO
PRESS ROOM 2010 PRESS RELEASES COMMEN 1\
2111 Releases FRACKING: Wyoming Requires Disclosure of Chemicals in Natural Gas VOICES
" Drilling Sansu, Ghana
0 621 1 "AGC has the power to
New Rules Are First in U.S. -- Federal Law Still Needed to Close Gaps destroy my livelihood and
p" I also shoot me without any
provocation."
02.21 Joint press release: EARTHWORKS * Powder River Basin Resource Council
471.0-4
04.01 SHERIDAN, Wyo., Sept. 16 -- Wyoming's new rules requiring natural gas drillers to disclose chemicals
os used in hydraulic fracturing are the best in the nation but fall short of full transparency, citizen groups
said. They urged Congress to pass legislation protecting all Americans' right to know about hazardous
01.11.6
drilling compounds that could contaminate water supplies.
'" I "This is the toughest disclosure rule on the books, but the devil's in the details," said Deb Thomas, an
95 organizer with the Powder River Basin Resource Council, which for ten years has pushed the state to
protect residents from the potential hazards of oil and gas development. "Governor Freudenthal and
0 c;, the oil and gas commission have taken a strong first step with fracking disclosure. But we still need
5 19 legislation to protect citizens in every natural gas drilling state and prevent drilling companies from
1 } trying to keep chemicals used in oil and gas drilling, fracking and production secret."
' t Hydraulic fracturing, or fracking, is the high - pressure injection of hundreds of thousands of pounds of
06"E14 chemical -laced fluids into wellheads to force deposits to the surface. Fracking is suspected of polluting
91 ' " groundwater in Wyoming, Colorado, Texas, Pennsylvania, New York and other states where gas is
99'4 trapped in underground shale formations. Earlier this month the U.S. EPA warned some residents of
Pavillion, Wyo., not to drink from private water wells after tests found hydrocarbons, methane and
high sodium that may have come from fracking operations.
14 The EPA is pressing companies for more information about chemicals in fracking fluids, which drillers
I . 2019 regard as trade secrets. In Congress, 65 members of the House are cosponsors of the Fracturing
1 P' " Responsibility and Awareness of Chemicals (FRAC) Act by Rep. Dianne DeGette of Colorado.
tall Gwen Lachelt, director of EARTHWORKS' Oil and Gas Accountability Project, agreed that the Wyoming
09" IS rules go farther than the limited disclosure in other states. But she said there are shortcomings, and
1 the burden is on residents to seek out the information on a state website via a complicated and
og
119,16
confusing search process.
• Although companies must list on their drilling permit applications the chemicals and
concentrations they plan to use, compounds patented as proprietary will be disclosed only to
1019 the state Oil and Gas Conservation Commission and will not be made public.
• Reports filed upon completion of wells will disclose the actual amounts of chemicals used, and
1.92 the constituent ingredients of proprietary compounds, but those reports may not be available
11 for a year after drilling begins. If a well is stimulated more than once, disclosure of additional
I 1 21 chemicals is on the honor system.
1 r. 30 • Landowners and neighbors of drill sites will not be provided notice of the disclosure and well
completion reports, but will have to go online to see if they stand to be directly affected by
1430_ drilling operations.
2009 Role,,,,
2008 Rele.ues "Wyoming has raised the bar, but it took 10 years, intervention by two federal agencies and the
200? Release, poisoning of a community's drinking water," said Lachelt. "We need a federal standard to protect
2006 Releases residents in all 34 oil and gas states. In the meantime, we call on the states to follow Wyoming 's
2005 Releases lead, and for companies nationwide to voluntary disclose all the chemical constituents and
concentrations used on site throughout the drilling, fracturing, well workover and production
2004 itelra,es processes."
In fhe \ev,s
FOR !MORE INFORMATION
i 1.3.1 <:. 10S
Contact:
'+ti E'9'OITT
I`, IvR 111t'« (WKS Gwen Lachelt, EARTHWORKS Oil & Gas Accountability Project, (505) 469 -0380
CANIPA1(NS Deb Thomas, Powder River Basin Resource Council, (307) 645 -3236
EARTHWORKS 1612 K St., NW, Suite 808 1 Washington, D.C., USA 20006
http: // earthworksaction .org /PR_WYdisclosure.cfm 12/7/2010
EARTHWORKS - Groups Applaud New York State Assembly for Passing a *Timeout* ... Page 1 of 2
Search EU
,, ' � .
b.,
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LALU I.N4`O1L`(.S _ r '' { ' ?r i e ` :: ( a , 4 -
: :.a ) .r 1 ;x 44 , u 7 ...» ; : •: � '4 . , `' ,, `''
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PRESS ROOM 2010 PRESS RELEASES COMIMn.Nrrl
20W Releases Groups Applaud New York State Assembly for Passing a *Timeout* on VOICES
61,13 Fracking for Natural Gas _ Sansu, Ghana
sw
111 21 "AGC has the power to
oz 10 (ALBANY, NY) -- Environmental, good government, community and public health organizations destroy my livelihood and
also shoot me without any
02.10 applauded the State Assembly today for voting to protect New York's drinking water by passing provocation."
11<'. z.i legislation that will enact a timeout on hydraulic fracturing for natural gas. By passing the bill, A.
(0.04 11443B, sponsored by Assembly Member Robert Sweeney (D- Lindenhurst), the Assembly
demonstrated that it recognizes the potential dangers of the environmentally dangerous practice of
0101 hydraulic fracturing, often called " fracking." In states such as Pennsylvania, Colorado and Wyoming
04,08 gas development using fracking has contaminated drinking and groundwater sources.
01.13.Cti
04 14.4' N. The bill would suspend the issuance of permits to hydraulically fracture wells in New York State until
11;1. r+ May 15, 2011. In addition to providing the incoming governor and his administration an opportunity to
,1•,0 4 take a fresh look at the issues surrounding gas development, the suspension would also provide the
, State Legislature with the chance to make necessary changes to New York's oil and gas permitting
program.
0-.
10 "Decisions regarding the safety of our water and air shouldn't be made in haste, but should be the
65,14 result of careful study and deliberation," said Assemblyman Robert K. Sweeney. "Once the water has
05.34 been polluted it will be too late. This legislation will remove any 'time pressure' and allow DEC to do its
, job correctly."
00.
28 "Both houses of the legislature have now come together in a bipartisan effort to put the brakes on the
push for massive new gas drilling operations across our state," said Assemblymember Brian Kavanagh,
1 a prime sponsor of the bill. "We know that State and federal regulators are exploring whether drilling
02 12 with high - volume hydraulic fracturing can be done safely, and we look forward to the results of their
07.14 reviews. But what we're saying with this bit is that the legislature has a role to play in determining
".l-zoio what kind of drilling operations we're going to permit in New York. We need to considering the effect
1 r this kind of large scale industrial activity can have on local communities, our watersheds, and the
surrounding environment. We have to determine what could be done to regulate water drawn from
0,'27 natural sources, the drilling itself, and the use, storage, and disposal of huge amounts of highly toxic
o ii) chemicals. This is an industry that has operated under extraordinary secrecy throughout the country.
04.18 Here in New York, we're determined to make our decisions thoughtfully, thoroughly, and in the light of
nom 1 day - -and to ensuring that we don't permit drilling processes here unless and until they can be proven
v 16 safe for all New Yorkers."
0
10.0;
"The people of New York and the State Legislature have spoken loud and clear that we need more
1 ' " time to assess the risks before starting a fracking free - for -all," said actor Mark Ruffalo. "It would be
10.1x unconscionable to allow a massive drilling operation to begin when we are still waiting for the real,
io.2<1 peer- reviewed science on this process. The legislature has taken the first step towards a sensible
11.0 2 policy on gas drilling. I look forward to Governor Paterson finishing the job by signing the moratorium
11 04 into law."
11.26
11.1(1 "With this vote, the Assembly prevents New York from completing its hasty and ill- considered rush to
embrace the dirty, dangerous technique known as hydrofracking, which has done so much damage in
t 1 ;0 x other states," said Paul Gallay, Executive Director and Hudson Riverkeeper. "Good for the Assembly;
2009 Releases good for the Senate, for passing this same bit earlier in the year; and, good for the thousands of New
2000 Releases Yorkers who said: 'not here, not now.' This is their victory."
2007 Releases
2006 Releases "New York has shown the country that Americans have a right to stand up to big oil and gas
2005 Releases companies," said Kate Sinding, Deputy Director of the New York Urban Program at the Natural
Resources Defense Council. 'This is the first time any state has ever taken this kind of action to
200.4 Releases protect the health and safety of its residents from the consequences of gas drilling. It sends a
1,1 4 he Noss powerful message that New Yorkers don't want new fracking here unless the industry proves it can be
done safely."
I 1111 1('l It)ti "Last night the State Assembly put New Yorkers ahead of the oil and gas industry by putting a timeout
on permits to hydraulically fracture natural gas wells. Kudos to all of the brave lawmakers who took a
NI P1'OR 1 stand to protect New York's precious waters," said Katherine Nadeau, Water & Natural Resources
1 0111 \1(8l KS Program Director, Environmental Advocates of New York. "We call on Governor Paterson to sign the
timeout into law without delay."
( VNIPAI(NS
"New Yorkers who value health and clean air and water spoke, and to its credit much of the Assembly
listened," says Nadia Steinzor, Marcellus Regional Organizer for EARTHWORKS Oil & Gas Accountability
Project. "We look forward to Governor Paterson signing the bit into law, and then to helping advance
http: // earthworksaction. org /PR_NYSassemblyMoratorium.cfn 12/7/2010
EARTHWORKS - Groups Applaud New York State Assembly for Passing a *Timeout* ... Page 2 of 2
. strong protections so that unsafe drilling doesn't happen."
r
c t' G• "We applaud the Assembly and Senate for advancing this important moratorium on hydraulic
111, 4
fracturing for Natural Gas, which will ensure we have more time to develop meaningful protections for
our birds, other wildlife and their habitats from this dangerous form of drilling," said Albert E. Caccese,
Executive Director of Audubon New York. "We urge the Governor to do what's right, sign this bill into
law, and give our Agencies, and the Legislature time to advance regulations and legislation to regulate
von um vrrs* water withdrawals, protect our unfragmented forests, and truly assess the cumulative impacts this
expanded drilling will have across the state."
"It is encouraging to see lawmakers requiring policy makers to take more time to evaluate the use of
* hydrofracking for natural gas in New York State, resisting the pressure from the oil and gas industry to
hurry through permissive regulations," said Susan Lerner, Executive Director of Common Cause /NY.
"New Yorkers are grateful to see the Assembly join the Senate in making the important decision to
balance economic interests with environmental concerns."
MIT THL liTL i
"National Wildlife Federation congratulates the New York Assembly on acting to protect New York's
people, water, and wildlife. We urge New York to continue to be a leader in protecting its precious
N Dirty', natural resources from the dangers of hydraulic fracturing, "said Emily Maxwell, Northeast Regional
Fnerg Representative, National Wildlife Federation.
'The Assembly's vote last night was a declaration that drilling in New York, as it is currently practiced,
is not safe," said Roger Downs Conservation Program Manager for the Sierra Club Atlantic Chapter.
"We applaud the Assembly for their leadership on hydrofracking and know that through their efforts
von int VII, the next six months of this moratorium will be a time of action, not complacency."
. "Last night the NYS Assembly took an important step to protect clean air, land, water and the health
i } of New Yorkers," said Sarah Eckel, Legislative Director, Citizens Campaign for the Environment. "We
want to thank Speaker Silver, Assembly members Sweeney, Englebright and Lifton for their work on
RECYCLE E this important bill."
°.r
"Last night, the New York State Assembly gave us yet another reason to be proud to live in the Empire
Ma PO Mt. State," said Earthjustice attorney Deborah Goldberg. "Our state leaders have wisely recognized that
protecting our air, water, and health should trump the frenzied pursuit of profits." "We commend the
Assembly for standing up to the oil and gas industry and putting the lives of New Yorkers first," said
oil Susan Zimet, Director of Frack Action. "New York State has emerged as a national leader in the
movement to reign in this dangerous and destructive practice. In two hours of debate last night,
Am mme th ig aug
intention ssebly of e auctioning brs showed off our that health ey and safetyunderstand to this corporate ssue throu special h interests.nd thro" h, and have no
MIT Mt s+Tt # The State Senate recognized the potential dangers of fracking by passing the measure by a wide
margin earlier this year. In an interview with WAMC Public Radio last week, Governor David Paterson
Savo
said that New York State should put public safety and water quality concerns ahead of the potential
profits to be made by natural gas exploration.
Bristol 8
Ni. New York is a battleground in the national debate about natural gas drilling and fracking, an
environmentally dangerous technique for extracting gas from underground shale deposits. Drilling -
related accidents across the country have contaminated drinking water, created air quality hazards
.._ and violations, and polluted streams.
wfl Ott WO
The groups calling on the Assembly to pass the timeout for fracking include Audubon New York,
AEI- 'I LI A"FF:S Citizens Campaign for the Environment, Catskill Mountainkeeper, Common Cause /NY, Delaware
Riverkeeper Network, EARTHWORKS Oil & Gas Accountability Project, Earthjustice, Environmental
Alaskans for Advocates of New York, Frack Action, Hudson Riverkeeper, National Wildlife Federation, Natural
Responsible Mhiing Resources Defense Council, Sierra Club Atlantic Chapter, and Theodore Gordon Flyfishers, Inc.
=9t:+ rriif!a -- ENDS--
FOR MORE I"FORMA FIO''
Ethical Metalsmiths
(;;,j'�') • Erica Ringewald, Environmental Advocates of New York (518) 210 -9903 or
.: • : wv eringewald @eany.org
Great Basin
Resource Watch • Daniella Nordin, Environmental Advocates of New York (518) 462 -5526 x 239
• Kate Slusark, NRDC, (212) 727 -4592 or kslusark @nrdc.org
PAR "IALRS • Nadia Steinzor, EARTHWORKS (315) 677 -4111 or nsteinzor @earthworksaction.org
• Sarah Eckel, Citizens Campaign for the Environment (202) 486 -9007 or
�' 1 p t
seckel @citizenscampaign.org
": '1 l • Deborah Goldberg, Earthjustice, (212) 791 -1881, ext. 227
Bikes for the World • Tina Posterli, Hudson Riverkeeper (914) 478 -4501 ext. 239
cspist
Center for Science in Public 1 ARTHWORKS 1 1612 K St., NW, Suite 808 I Washington, D.C., USA 20006
Participation 202.887.1872 1 infoaearthworksaction.org I Privacy Policy
SkyTruth
http: / /earthworksaction.org/PR NYSassemblyMoratorium.cfin 12/7/2010
Oy/09 /2010: EPA Formally Requests Information From Companies About Chemicals Use... Page 2 of 3
EPA Formally Requests Information From
Companies About Chemicals Used in Natural
Gas Extraction / Information on hydraulic
fracturing chemicals is key to agency study of
potential impacts on drinking water
Release date: 09/09/2010
Contact Information: Jalil Isa, isa.jalil @epa.gov, 202 - 564 -3226, 202 - 564 -4355
WASHINGTON — The U.S. Environmental Protection Agency (EPA) today announced that it has issued voluntary
information requests to nine natural gas service companies regarding the process known as hydraulic fracturing. The
data requested is integral to a broad scientific study now underway by EPA, which Congress in 2009 directed the
agency to conduct to determine whether hydraulic fracturing has an impact on drinking water and the public health of
Americans living in the vicinity of hydraulic fracturing wells.
In making the requests of the nine leading national and regional hydraulic fracturing service providers – BJ Services,
Complete Production Services, Halliburton, Key Energy Services, Patterson -UTI, RPC, Inc., Schlumberger, Superior
Well Services, and Weatherford – EPA is seeking information on the chemical composition of fluids used in the
hydraulic fracturing process, data on the impacts of the chemicals on human health and the environment, standard
operating procedures at their hydraulic fracturing sites and the locations of sites where fracturing has been conducted.
This information will be used as the basis for gathering further detailed information on a representative selection of
sites.
"This scientifically rigorous study will help us understand the potential impacts of hydraulic fracturing on drinking water
– a concern that has been raised by Congress and the American people. By sharing information about the chemicals
and methods they are using, these companies will help us make a thorough and efficient review of hydraulic fracturing
and determine the best path forward," said EPA Administrator Lisa P. Jackson. "Natural gas is an important part of our
nation's energy future, and it's critical that the extraction of this valuable natural resource does not come at the
expense of safe water and healthy communities. EPA will do everything in its power, as it is obligated to do, to protect
the health of the American people and will respond to demonstrated threats while the study is underway."
Hydraulic fracturing is a process in which large volumes of water, sand and chemicals are injected at high pressures to
extract oil and natural gas from underground rock formations. The process creates fractures in formations such as
shale rock, allowing natural gas or oil to escape into the well and be recovered. During the past few years, the use of
hydraulic fracturing has expanded across much of the country.
EPA announced in March that it will study the potential adverse impact that hydraulic fracturing may have on drinking
water. To solicit input on the scope of the study, EPA is holding a series of public meetings in major oil and gas
production regions to hear from citizens, independent experts and industry. The initial results of the study will be
announced in late 2012. EPA will identify additional information for industry to provide – including information on fluid
disposal practices and geological features – that will help EPA carry out the study.
EPA has requested the information be provided on a voluntary basis within 30 days, and has asked the companies to
respond within seven days to inform the agency whether they will provide all of the information sought. The data being
sought by the agency is similar to information that has already been provided separately to Congress by the industry.
Therefore, EPA expects the companies to cooperate with these voluntary requests. If not, EPA is prepared to use its
authorities to require the information needed to carry out its study.
EPA is currently working with state and local governments who play an important role in overseeing and regulating
fracturing operations and are at the forefront of protecting local air and water quality from adverse impacts.
http: // yosemite. epa. gov/ opa/ admpress. nsf/ dOcf6618525a9efb85257359003fb69d /ec57125b... 12/7/2010
09/09/2010: EPA Formally Requests Information From Companies About Chemicals Use... Page 3 of 3
View the letter on the voluntary information request: http://www.eoa.qov/hydraulicfracturing
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
SUBPOENA AND INFORMATION REQUEST
I. STATUTORY AUTHORITY
This Subpoena and Information Request is issued pursuant to the authority vested in the
FPA Administrator under Section 11(c) of the Toxic Substances Control Act ("TSCA 15
U.S.C. § 2610(c), Section 308 of the Clean Water Act ("CWA"), 33 U.S.C. § 1318, and Section
3007 of the Resource Conservation and Recovery Act ("RCRA 42 U.S.C. § 6927.
H. CERTIFICATION
The information provided shall be verified by, and submitted under an authorized
signature by a responsible corporate officer,' with the following certification:
1 certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the inforniation
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, 1 certify that
the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. 1 am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment
for knowing violations.
III. CONFIDENTIAL INFORMATION
'I'hc information requested herein must be provided notwithstanding the possibility that
the information requested may be characterized as confidential information or trade secrets
Request for confidential treatment must be made when information or access to records is
provided and in accordance with the instructions provided in Section V.0 below.
IV. SUBMISSION OF YOUR RESPONSE TO THE INFORMATION REQUESTED
All submissions required by this request shall be provided by December 1, 2010, and
addressed to:
The term "responsible corporate officer," as used herein, means a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions for thc corporation.
Jim Willis
Director, Chemical Control Division
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
MC 7405M
Washington, DC 20460
(202) 564-0104
V. INSTRUCTIONS
A. Respond to Each Request Completely. Each request is numbered and may contain subparts
identified by lowercase letters. A separate response must be made to each request and subpart.
Provide a separate narrative response to each request and subpart and clearly identify your
responses with the number, subpart, and text of the request to which it corresponds. Each
question posed must be answered. If the appropriate response is "none" or "not applicable," that
information should be so stated. You must also submit any documents you relied on in
preparing your response. Incomplete, evasive, or ambiguous answers shall constitute failure to
respond to this Subpoena and Information Request and may subject you to penalties as
discussed in the cover letter.
B. Source(s) of Response. Include with each narrative response, the name, position, and title of
each person(s) who provided information responsive to the request.
C. Electronic Submittal. Except for the maps and diagrams, EPA requests that you submit your
responses as one or more electronic files on a CD or similar media storage device, provided your
electronic files are accompanied by a letter that identifies the file software and version, file
name(s), size(s), date(s), and time(s) of ercation. If any information is contained in proprietary
software, or any other format that is not easily understood, you must provide an easily
understood format and include appropriate explanatory information to allow interpretation of the
information. EPA requests that you submit your responses as one or more electronic files on a
CD or similar media storage device in a form that allows EPA to readily retrieve and utilize the
information using commercially available software. To that cnd. EPA requests that your
responses be provided on the CD enclosed with this request and that you use the Excel
spreadsheet format contained on the CD. Your electronic files should include any documents
you relied on in preparing your responses.
D. Submitting Maps. When submitting maps, identify the scale of the map, the map title and an
explanation of what the map depicts. When identifying features on the map, either label the
feature at its location on the map or include in the map's legend the symbol used for identifying
the feature.
E. Submission of Documents. Label each document submitted with the request number and
subpart (if applicable) to which it corresponds. Date stamp each document you submit. If
anything is deleted from a document produced in response to this Information Request, state the
reason for and the subject matter of the deletion.
F. Documents Responsive to More than One Request. If a document you submit is responsive
to more than one request. provide one copy of the document and identify all the requests, by
number and subpart. to which it corresponds.
0. Do Not Substitute Derivative or Summary Documents. Where a document is requested,
please provide the responsive document. You may, if you wish, provide additional or
explanatory documents to accompany the responsive document(s). However. your failure to
provide the document requested will bc considered a failure to completely respond to this
Subpoena and Information Request.
H. Provide the Rest Information Available. Unless otherwise specified, responses do not require
you to create new data or information. However, you should provide responses to the best of
your ability, even if the information sought was never put down in writing or if the written
documents are no longer available. You should seek responsive information from current and
former employees and/or agents. Submission of cursory responses when other responsive
information is available to you will be considered a failure to completely respond to this
Subpoena and Information Request. If you cannot provide a precise answer to any questions,
please approximate and state thc reason for your inability to be specific.
I. Unavailability of Records. If you are unable to respond to a request in a detailed and complete
manner, or if you are unable to provide any of the information requested, indicate the reason for
your inability to do so. If a record(s) responsive to a request is not in your possession, custody,
or control and you have reason to believe that another person may be able to provide it, state the
reasons for your belief and provide the person's name, address, telephone number, and any
information available (i.e., author, date, or subject matter) about the record(s).
J. Documents That Have Been Transferred. If any records responsive to a request have been
transferred or otherwise disposed of identify the document, identify the person to whom it was
transferred, describe the circumstances surrounding such transfer or other disposition, and state
the date or approximate date of such transfer or other disposition.
K. Duty to Provide and/or Correct Information on a Continuing Basis. If any records responsive
to a request are not known or arc not available to you at the time you submitted your response,
but later become known or available to you. you must submit the new information as a
supplement to your response. If at any time after submission of your response you learn that any
portion is or becomes false, incomplete, or misrepresents the facts, you must notify EPA of this
fact as soon as possible and provide a corrected response. Failure to supplement your response
within thirty (30) days of discovering such responsive information may subject you to an
enforcement action. If any part of the response to this Subpoena and Information Request is
found to be false, the signatory to the response and the company may be subject to criminal
prosecution.
L. identify Personal Privacy Information. Personnel and medical files, and similar files, the
disclosure of which to the general public may constitute an invasion of privacy, should be
segregated from your responses, included on separate sheet(s), and marked as "Personal Privacy
Information. You should not however, that unless prohibited hv law, EPA nmnyd�xlnse�du
iuDx��ubonk`the public without further by
M. Indicate Objections to Requests. Whilc you may indicate that you ohiocttn certain requests
contained io this Subpoena and lufbnnud � must provide ' nyouoiveim8ommabon
notwithstanding those objections. 'lo object without providing responsive information may
subjeci you to the penalties discussed in the cover letter.
N. Claims of Privilcuo. Ifyou claim that an entire document responsive to this Subpoena and
Information Request is a communication for which you asserl that a privilege exists, ideodfvtbe
dooun�en1and provide the basis for esoerhngthe privilege. For any document for which you
-
assert that a privilege exists for a portion of it. provide the portion ofthe document for which you
are not asserting a privilege; identify the portion of the document for which you are asserting the
privilege; and provide the basis for such an asscrtion. Please note that regardiess of the asrtion
ofany privilege, any facts contained in the doeuiner which are responsive t` the 8nhnoenuand
Information Requeaimnuat disclosed in your response.
-
O. Confidential liusiness Information, You must provide the information requcstcd cven though
you consider it confidential infommtion or trade secrets. You may assert a business
confidentiality claim for part or all of the information requested, as described below and set forth
in 40 C.F.R. Part 2, Subpart B. lnformation covered by such a claim will be disclosed by EPA
only to the extent and only by the procedures set forth iu40C.F.0. Part 2, Sub B. If no
mn
confidentiality c|oia0000uymnicsthe inf6mu��innvvbco EPA receives d,the information may be
made available to the public by EPA without further notice to you.
If you wish EPA to treat any information or response as "confidential," you must advise EPA
and comply with the following procedures. Place on or attach to the information at the time it is
submitted to EPA a cover sheet, stamped or typed legend. or other suitable form of notice
employing such language uo trade secret, proprietary, or congvznycoOuential.z You must
clearly idcntify allegedly confidential portions of otherwise non-confidential documents and you
may want to submit these separately to facilitate identification and handling by EPA. EPA will
ask you to substantiate each claim ofconfidential business information by separate letter in
accordance with applicable EPA regulations, 40 C.F.R. Pari 2, Subpart B.
VI. DEFINITIONS
Exeepi as otherwise defined below, terms in this information request have the same
definition used in the CWA. 33 U.S.C. GG 1251 through 1387, RCRA, 42 U.S.C.
88 0901 through 6992k, and TSCA, 15 O.S.C. §§ 2601 through 2695d, and the
regulations promulgated thereunder.
2 Notc that EPA hs issued guidance that may be relevant ui considering whether to assert contidentiallty claims.
For eampIe, the Agency has stated that, in gcncral, EPA cxpccts to find that chemical identity in health and safty
studies submitted under thc Toxic Substances Control Act is not CBI unless it explicitly contains process
information or discloses portions o[umixture 75 Fed. Reg. 29,754 (May 27, 2010). AIso, in the rnterest of
transparency, we ask that you exercise prudence and assert CHI claims sparingly
A. The terms ^uud" and - oz° shall be construed either disjunctively or 'uucdvo6/
oo necessary 0ob,�mn/� ��
6�����oow�no�oinfbco�udoun:gucmtunyinformation '
might otherwise bcconstrued to be outside its scope.
B. The term "any, as in "any documents," for example, shall mean "any and all.
C. The term "Cornpany" :hal)mcaothe entity identified as the addressee on the
cover letter to this information request and all related and affiliated corporate entities
(including, but not limited to, parent corporations, subsidiaries, joint ventures,
partnerships, and affiliates) that perform hydraulic fracturing services.
D. The term "correspondence" or "communications" includes, but is not limited to,
all oral. writteri, telephonic, facsimile, and electronic correspondence and/or
communications.
E. The term "describe" means to detail, depict, or give an account of thc requested
information, or to report the content of any oral and/or written correspondence,
communication, or conversation, or to report the contents of any document, including the
title, the author, the position or title of the author, the addressee. the position or title of
the addressee, indicated or blind copies, date, subject matter, number ofpages,
attachment or appendices, and all persons to whom the documcnt was distributed, shown,
or explained.
F. The terms "document" and "documents shall mean any information subject to
any method of recording, storage, or transmittal, and shall include any information oovv
or formerly in your possession, custody or control, or now or formerly' in the possession,
eustody or control of any agcnt acting on your behalf. "Document" shall inelude. but not
he limited to:
1. Writings ofany kind, formal or informal, whether or not wholly or partially in
handwriting, typed form, or printed form, including drafts, originals, and
nonconforming copies that contain deletions, insertions, handwritten notes or
comments, and including (by way of illustration and not by way of limitation) any
n[ the following:
1. invoices, receipts, endorsements, checks, bank drafts, canceled checks,
dcposit slips, withdrawa slips, orders;
2. letters, correspondences, faxes, telegrams, telexes, electronic
communications including, hut not limited to, e-mails and other
correspondence using computers or other elcctronic communication
devices;
3. minutes, mcmoranda of meetings and telephone and other
conversations. tele ucoemaugxy;
4. agreernents, contracts, and the like:
5. log books, diaries. calendars, desk pads, journals;
6. bulletins, circulars, forms, pamphlets, statements;
7. reports, notice, analysis, notebook:.
8. graphs, charts; or
9. records, pamphlets, surveys, manuals, statistical compilations,
pictures.
2. Microfilm or other film record. photograph, or sound recording on any type of
device.
3. Any tape, disc, or other type of memory generally associated with computers and
data processing, together with:
1. the programming instructions and other written material necessary to
use such disc, disc pack, tape, or other type of memory; and
2. printouts of such disc, disc pack, tape, or other type of memory.
4. Attachments to or enclosures with any document.
G. The term "flowback" as used in this information request refers to the water
mixture produced when the hydraulic fracturing procedure is completed and pressure is
released, and the direction of fluid flow reverses. The well is "cleaned up" by allowing
water and excess proppant to flow up through the wellbore to the surface. Both the
process water and thc returned water are commonly referred to as "flowback" and the
term is used in both ways herein.
H. The term - identify - or "provide the identity of" means, with respect to a person to
set forth: (a) the person's full name, (b) present or last known business and home
addresses and telephone numbers; (c) present or last known employer (including the full
name and address), with job title, and position or business;
1. The term "identify" or "provide the identity or means, with respect to a
corporation, partnership, business trust, government office or division, or other entity
(including a sole proprietorship), to set forth: (a) its full name; (b) complete street
address; (c) legal form (e.g. corporation, partnership); (d) the state under whose laws the
entity was organized; and (e) a brief description of its business.
The term "identify" or "provide the identity of' means, with respect to a
document, to provide: (a) its customary business description (e.g., letter, invoice); (b) its
date; (c) its number if any (e.g., invoice or purchase order number); (d) the identity of the
author(s), the address, and the addressee(s) and/or recipient(s); (e) and a sununary of the
substance or the subject matter.
K. The term "person" means an individual, trust, firm. joint stock company,
corporation (including a government corporation), limited liability company, partnership,
association. State, municipality, commission, political subdivision of a State, or an
interstate body.
L. The term "produced water" as used in this information request refers to the water
mixture produced whcn the drilling and fracturing of the well are completed, and water is
produced along with the natural gas. Some of this water is returned fracture fluid and
some is natural formation water. These produced waters move back through the wellhead
with the gas.
M. The term "site" means a property drilling to support hydraulic fracturing for
energy production and related activities occur, whether or not the property is owned or
leased by the Company, including all areas within the exterior boundaries of that
property. Multiple wells may be located at a single site.;
N. 'Thc terms "waste," "waste streams," and "wastewater," as used in this information
request. refer to by- products, residues, solid waste, hazardous waste, process wastewater,
waste slurry or sludge, cooling water, storm water runoff, and sanitary wastewater.
VII. SUBPOENA AND INFORMATION REQUEST
Your response to the following questions is due within thirty (30) days of receipt of this
request.
1. Provide the name of each hydraulic fracturing fluid formulation/mixture distributed or
utilized by the Company within the past five years from the date of this letter. For
each formulation/mixture, provide the following information for each constituent of
such product. "Constituent" includes each and every component of the product,
including chemical substances, pesticides, radioactive materials and any other
components.'
a. Chemical name (e.g., benzene — use IUPAC nomenclature);
b. Chemical formula (e.g., C
c. Chemical Abstract System number (e.g., 71- 43 -2);
d. Material Safety Data Sheet;
' EPA is interested in information regarding domestic, on -shore drilling.
4 EPA requests chemical information for all chemicals used, including those chemicals not
otherwise disclosed on material safety data sheets (MSDSs). EPA is requesting information on
all basic combinations of chemicals (hydraulic fracturing systems), and additional information on
modifications that may be made to adjust for site specific circumstances, or under the direction
of clients. Please note that EPA does not at this time require the information requested under
question 1 to be provided on a well-specific basis. EPA's goal is to understand the identity of all
chemicals used during the requested time period. the rationale for the choice of chemicals and
concentrations injected into wells, and the concentrations of each formulation as delivered on site
and as typically injected into wells.
e. Concentration (c.g., ng/g or ng/L) of each constituent in each hydraulic
fracturing fluid product. Indicate whether thc concentration was calculated or
determined analytically. This refers to the actual concentration injected
during the fracturing process following mixing with source waters, and the
delivered concentration of the constituents to the site Also indicate the
analytical method which may be used to determine the concentration (e.g.,
SW -846 Method 8260. in -house SOP). and include the analytical preparation
method (c.g., SW -846 Method 5035), where applicable;
f Identify the persons who manufactured each product and constituent and the
persons who sold them to the Company, including address and telephone
numbers for any such persons'';
g. Identify the purpose and use of each constituent in each hydraulic fracturing
fluid product (e.g., solvent, gelling agent, carrier,);
h. For proppants, identify the proppant, whether or not it was resin coated, and
the materials used in the resin coating;
i. For the water used, identify the quantity, quality and the specifications of
water needed to meet site requirements, and the rationale for the
requirements
j. Total quantities of each constituent used in hydraulic fracturing and the
related quantity of water in which the chemicals were mixed to create the
5 EPA requests information on the actual concentrations (typically) injected, as well as thc
corresponding source water quality. To the extent that the concentration injected is a function of
the chemistry of the water supplied and the design of the project, the Company should supply the
design or intended concentrations corresponding to each typical hydraulic fracturing fluid system
used, and information regarding tolerance for deviation from the design concentrations, along
with the rationales for deliberately changing concentrations from the design. Scc Question 1(i)
and Question 3.
6 if the Company provides the required information regarding all chemicals used in hydraulic
fracturing, EPA may waive the requirement to provide information regarding the persons who
manufactured each product and related contact information.
EPA understands that often the Company may not provide or even specify the water quality
that is provided for hydraulic fracturing. However, to the extent that the quantity, concentration
and identity of chemicals ultimately injected depends at least in part on the quantity and quality
of water provided, EPA requests information on the actual concentrations (typically) injected, as
well as the corresponding source water quality. See Question 1(e).
fracturing fluids to support calculated and/or measured composition and
properties of the hydraulic fracturing fluids% and
k. Chemical and physical properties ol'all chemicals used, such as Henry's law
coefficients. partitioning coefficients (e.g. K K K aqueous solubility,
degradation products and constants and others.
2. Provide all data and studies in the Company's possession relating to the human health
and environmental impacts and effects of all products and constituents identified in
Question 1
3. For all hydraulic fracturing operations for natural gas extraction involving any of the
products and constituents identified in the response to Question 1, describe the
process including the following:
a. Please provide any policies, practices and procedures you employ, including
any Standard Operating Procedures (SOPS) concerning hydraulic fracturing
sites, for all operations including but not limited to: drilling in preparation for
hydraulic fracturing including calculations or other indications for choice and
composition of drilling fluids/muds; water quality characteristics needed to
prepare fracturing fluid; relationships among depth, pressure, temperature.
formation geology, geophysics and chemistry and fracturing fluid composition
and projected volume; determination of estimated volumes of flowback and
produced waters; procedures for managing flowback and produced waters;
procedures to address unexpected circumstances such as loss of drilling
fluid/mud, spills, leaks or any emergency conditions (e.g., blow outs), less
than fully effective well completion; modeling and actual choice of fracturing
conditions such as pressures, temperatures, and fracturing material choices;
determination of exact concentration of constituents in hydraulic fracturing
fluid formulations /mixtures; determination of dilution ratios for hydraulic
fracturing fluids' °, and
8 Provide the information for the entire range of typical hydraulic fracturing fluid systems,
including information on the decision rules and tolerances applied to determine the concentration
of each chemical as ultimately injected.
9 Include any and all studies conducted, received or held by the Company, including any reports
of environmental or human health impact from exposure or alleged exposure to materials used in
hydraulic fracturing or exposure to materials which occurred or is alleged to occur as a result of
hydraulic fracturing. For example, include reports and results of worker exposure to materials,
complaints from the public regarding release of materials due to hydraulic fracturing, or reports
of contamination of water or other media due to hydraulic fracturing.
' EPA is requiring specific information regarding standard operating procedures. For example,
the choice of chemicals depends on a variety of factors including the properties of the formation
receiving the hydraulic fracturing treatment and others. EPA is requiring information regarding
the specific decision rules applied (either routinely, as rules of thumb. or as directed by clients)
regarding the choice and concentration of chemicals. Similarly, injection pressures depend on a
b. Describe how fracturing fluid products and constituents arc modified at a site
during thc fluid injection process.
4.
a. Identify all sites where, and all persons to whom, the Company:
i. provided hydraulic fracturing fluid services that involve the use of
hydraulic fracturing fluids for the year prior to the date of this letter,
and
ii. plans to provide hydraulic fracturing fluid services that involve the use
of hydraulic fracturing fluids during one year after the date of this
letter.
b. Describe the specific hydraulic fracturing fluid services provided or to be
provided for each of the sites in Qucstion 4.a.i. and ii., including the identity
of any contractor that the Company has hired or will hire to provide any
portion of such services.
variety of factors. EPA is requiring information regarding the specific control variables and
limits used to determine and monitor injection pressure. A typical decision rule might be:
maintain maximum injection pressure but do not exceed pressures corresponding to greater than
80% of the burst strength of the innermost string of casing. EPA expects that actual decision
rules and standard operating procedures may be much more complex than the example provided
here. Choice of chemicals and injection pressures are listed here as illustrative examples of the
aspects of standard operating procedures. The Company should provide a complete description
of standard operating procedures related to hydraulic fracturing, including, but not limited to,
water acquisition, chemical mixing and injection, flowback and produced watcr management,
treatment and disposal.
EPA intends that the Company provide a unique well identifier and an actual, specific
geographic location for each well. Geographic locations may be street addresses, global
positioning system coordinates or other information that would allow a person to travel to thc
actual location.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
SUBPOENA AND INFORMATION REQUEST
SIGNATORIES:
---
DATE: /, '''' - '
STE HEN A. OWENS
ASS STANT ADMINISTRATOR
OFFI E OF CHEMICAL SAFETY AND POLLUTION
'!:":‘,/ -- 9 PREVENTION
I i it Ste4410
DATE: _ 4
MATHY 1 ANISLAUS
' — 9 ASSISTANT ADMINISTRATOR
OFFICE OF SOLID WASTE AND EMERGENCY
RESPONSE
0 , -
DATE: ......._
PE ER S. SII.VA
AS .ISTANT ADMINISTRATOR
OF ' ICE OF WATER
EPA says Parker County homes at risk of explosion after aquifer near'fr... for Dallas, Texas 1 Dallas Morning News 1 Science and Medicine 1 Health 12/7/10 6:48 PM
V
[an error occurred while .rocessing this directive]
Alew‘t
Comments 16 I Recommend .' 6
EPA says Parker County homes at risk of
explosion after aquifer near 'fracked' gas
wells is contaminated
05:49 PM CST on Tuesday, December 7, 2010
By RANDY LEE LOFTIS / The Dallas Morning News
rloftis@ dallasnews.com
Natural gas from drilling that used the controversial practice of hydraulic fracturing has contaminated a
drinking -water aquifer in Parker County, putting two homes at risk of explosion and triggering a federal
emergency order, the Environmental Protection Agency's regional chief said late this afternoon.
The EPA ordered Fort-Worth based Range Production Co. to take steps to protect the families and water
supplies after the Texas Railroad Commission, which regulates natural -gas drilling, failed to act, EPA
Regional Administrator Al Amendariz said.
Railroad Commission officials "acknowledge that there is natural gas in the drinking water wells,"
Armendariz said. "They want more data and believe that action now is premature. I believe I've got two
people whose houses could explode. So we've got to move."
The Railroad Commission and Range Production had not responded to Armendariz's statements or the
EPA's order.
The EPA issued an imminent and substantial endangerment order under the federal Safe Drinking Water
Act after inspections confirmed natural gas in the private drinking water wells that serve two homes in
southern Parker County.
Range Production drilled horizontal gas wells into Parker County, near the two homes, from a drilling pad
located nearby in Hood County, Railroad Commission records show.
The gas wells were drilled using hydraulic fracturing, or fracking, in which millions of gallons of water
mixed with chemicals is injected deep underground under high pressure. The pressure fractures the tight
shale formation and releases trapped natural gas.
In the last five years, fracking has turned North Texas' Barnett Shale field into the nation's biggest natural
gas area, with tens of thousands of wells drilled.
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EPA says Parker County homes at risk of explosion after aquifer near 'fr... for Dallas, Texas 1 Dallas Morning News 1 Science and Medicine 1 Health 12/7/10 6:48 PM
Critics say the practice endangers water supplies, citing examples of tapwater that can be set on fire by
igniting the gas in the water. In response to such complaints, Congress ordered the EPA to conduct a
nationwide study of fracking and water quality.
Industry officials and Texas regulators say fracking is safe because the chemically treated water is injected
far below any usable drinking water. They say the gas in widely distributed flaming -water videos was not a
result of fracking.
Armendariz said the EPA is not alleging that fracking caused the Parker County contamination, only that
Range's gas wound up in the drinking water.
Required casing and cement that line the gas well might have failed, letting gas escape into the aquifer, he
said. It's also possible that drilling struck a geological fault or an old gas well, he said.
The extent of contamination isn't known. Range must identify the affected area under the EPA order.
"We know they've polluted the aquifer," Armendariz said. "We know they're getting natural gas in there. We
don't know yet how far it's spread."
The EPA instructed Range, among the nation's largest gas - producing companies, to indicate within 24 hours
whether it intends to comply with the order and to provide potable water to the two families within 48 hours.
It also must install meters in the homes to check for explosion risks.
Range also must survey the local aquifer and identify any other private wells that might be contaminated.
Within 14 days, the company must submit a plan for checking the homes' interior air and surrounding soil
for natural gas.
Range has 60 days to tell the EPA how it will trace gas pathways through the ground, close those pathways,
and clean up the aquifer.
One of the two affected homeowners declined to comment. The other could not be reached.
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