August 22, 2016

                                      ATTENTION SUNSET COMMISSION

The Honorable Larry Gonzales, Chair
Sunset Advisory Commission
1501 North Congress Avenue, 6th Floor, Robert E. Johnson Building
Austin, Texas 78701

Dear Mr. Gonzales:

The Coastal Bend Group of the Sierra Club agrees with statements made by the Lone Star Chapter of the Sierra Club on Issues 1 through 7 of the Sunset Commission’s Staff Report.  We also agree with the Lone Star Chapter that some other issues should be addressed, and we endorse their statements in I through IV on pages 6 – 8 of their response to the Staff Report.

In addition, we believe it is essential that rules for permitting waste pits and injection wells must be strengthened to protect public health and welfare and groundwater.

This strengthening can only occur if RRC rules clearly state that high quality sample data is required, obtained, and properly interpreted when assessing whether or not a specific site is appropriate for a proposed waste facility. 

Clearly, this type of data-driven decision making is necessary if RRC decisions in granting permits are to be scientifically credible.  A search of the Texas Administrative Code (TAC) and RRC documents on waste pits reveals an absence of needed protocols (or even sufficiently detailed guidance) on how to obtain statistically valid (representative) sample data which RRC staff will use in deciding whether a permit will be granted.

Without assuring statistical validity in sampling design and practice, decisions based on such samples will lack scientific credibility.      

Also, in the matter of waste pit sites, we are concerned about the RRC practice of approving permits for pits to be placed over (or near) active high pressure natural gas pipelines.  An answer is needed for the question:  What sort of data was obtained and how was it analyzed to conclude that such a practice is reasonable?

The importance of statistical validity and clarity can hardly be overstated in the matter of RRC decision making when granting or denying permits for waste pits.

Members of the Coastal Bend Sierra Group of the Lone Star Sierra Chapter urge members of the Sunset Commission to recommend legislative action that will bring statistical support into a critically needed RRC regulation-strengthening process for permitting oil /gas waste facilities.

Please note that the documents following this letter are to be included as part of our public comments.  They give more details and use examples to further demonstrate our concerns.

Sincerely,

Venice Scheurich, Conservation Chair of the Coastal Bend Sierra Group