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POLICY RECOMMENDATIONS
​NATIONAL POLICY & EPA REGULATIONS
Fracking was exempted from major federal environmental laws in the 2005 National Energy Policy Act - often referred to as the Halliburton loophole. These loopholes must be repealed by Congress to protect air quality, public health, and water, in frontline communities like Arlington.
​Liveable Arlington has advocated through written comment and spoken testimony at the EPA's 2021 public listening tour for nationwide cuts in methane emissions through enforcement of the Clean Air Act.
However, for urban drilling happening in Barnett Shale cities like Arlington, we ask that many more steps be taken to protect our children who live, and go to school and daycares, dangerously close to fracking sites.
We took EPA Region 6 Administrator Dr. Earthea Nance and her team on a tour of drilling in Arlington in 2023. Read media coverage of the tour here. You can read our full comments to the EPA here and here. ​
STATE POLICY
The state of Texas should restore more local control over oil and gas regulation to densely populated frontline communities like Arlington that are fossil fuel producers. The state has taken jurisdiction over much of oil and gas regulation, but has not establish statewide uniform rules, leading to an unequal patchwork of rules. For instance, Arlington has 300 feet setbacks, while Dallas has 1500 feet. HB40 passed in 2015 did leave authority over all surface operations, sound, traffic, and setbacks - required buffer distance between gas wells and protected uses like homes and daycares - with cities. But city governments in places like Arlington that benefit financially from fracking have refused to use that power to protect residents and have even spread disinformation about the state having jurisdiction over such decisions. "State control" has become a shield for city governments that do nothing to protect residents, while they rake in hundreds of millions of dollars in fracking royalties, and are ramping up fracking permits for LNG exports to countries that outlawed fracking.
The TCEQ must provide robust monitoring and enforcement of urban fracking operations and develop a strong and timely
State Implementation Plan to implement EPA methane rules to cut oil and gas pollution.
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LOCAL POLICY
Arlington currently has a setback distance of 600 feet from the drill zone to the main structure of a protected use (ex: home, school, hospital, etc.) or to a preschool playground. However, drillers seek, and always receive, waivers to reduce the setback to 300 feet even though peer reviewed health research has found serious health impacts linked to fracking at distances as far as a mile and beyond. Steps can be taken right now to make Arlington a safer, healthier,
better place to live.
We recommend the following policies be adopted immediately by the City of Arlington.
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In order to protect Arlington infants and toddlers, new gas wells should not be permitted by the city at drill sites next to and within 1500 feet of daycares.
2
Stop administrative approval of drilling permits behind closed doors. The public must be allowed to give input on any proposed drilling in our community.
3
Measure setbacks from the boundary line of a drill site to the boundary line of a protected use property, with no setback waivers permitted.
4
Follow best practices for air monitoring.
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Institute 24-hour air monitoring with community oversight & real-time data reporting at new and existing drill sites within 1/2 mile of protected uses.
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Follow Leak Detection & Remediation (LDAR) regulations when emissions are detected. Conduct LDAR operations monthly, otherwise.
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Follow the Best Available Control Technology (BACT) standard to reduce emissions and the venting of hazardous air pollutants from drilling.
6
Conduct air monitoring, with community oversight, at the fence line of Arlington drill sites located next to protected use properties (with a special focus on benzene). Report results publicly, in real-time, and use an independent lab with community oversight.
7
Convert existing drill sites to mini solar farms to start the necessary transition to clean energy.
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