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Permission Granted: New report on flaring reveals Texas oil and gas regulators on track to allow more flaring waste than everPress Release, Reports | Sep 23, 2024

LAREDO – A new investigative report reveals how the state oil and gas agency, the Railroad Commission of Texas (RRC), is on track to authorize venting or flaring an unprecedented 3.5 billion cubic feet of natural gas by the end of the decade — enough to fuel every residential gas customer in Texas for over 15 years. The RRC’s permitting decisions enable extensive flaring activities, adversely affecting Texas’s air quality, public health, and climate.

The report’s release coincides with growing concerns from communities across Texas who argue that the Railroad Commission is prioritizing the interests of oil and gas companies over the well-being of residents and the environment. Despite mounting evidence of the harmful impacts of flaring — including the release of toxic pollutants and greenhouse gasses — the Commission continues to approve permits so generously that they fail to restrict the practice.

Among the report’s key findings is how the RRC is authorizing flaring release volumes far greater than what the industry actually uses or needs. Instead of using flaring permits to reduce release volumes, the RRC is permitting excessive flaring with minimal oversight. This approach provides an easy way out for oil and gas operators to simply vent or burn off excess natural gas instead of exploring safer, cleaner alternatives.

The report also includes recommendations for the state agency to improve its venting and flaring permitting process. These recommendations include, but are not limited to:

  • Prohibiting flaring wherever pipeline capacity is available and mandating cost-effective control technologies at sites with no pipeline capacity
  • Slashing per-permit rates of authorized release volumes, reducing permit durations without exceptions, and abolishing “permanent” permits
  • Limiting retroactive permits and holding applicants to short deadlines
  • Strictly limiting the number of flaring permit renewals to rare circumstances and requiring approval by the commissioners
  • Programming RRC databases to automatically compare the volumes of venting and flaring releases permitted to the release volumes operators report from the same site in the same period, and automatically flagging discrepancies for enforcement
  • Mandating accurate GPS data for flaring permits and lease production reports so those data can be checked against independent measurements collected by satellites and other technologies

“Whether it’s dust from nearby fracking or the gases released from flaring, the lack of state regulations leaves rural Texans to deal with these environmental impacts on our own. More needs to be done to protect all communities near oil and gas operations,” said Masi Mejia, a Webb County parent of a medically complex child living next to active oil and gas drilling.

“We’re in the era of satellites and Big Data, but the RRC continues to use a compliance framework designed for pen-and-paper. These permitting and reporting processes aren’t resulting in meaningful waste reduction, and it’s time for an upgrade,” said Virginia Palacios, Executive Director of Commission Shift, ”There are common-sense guardrails the RRC could put up to prevent waste and protect public health, but all we have is a bureaucratic filing system that provides no public benefit.”

“RGISC’s history is rooted in standing up to powerful interests that disregard the well-being of border communities like ours. This report on flaring is part of a larger fight — one that demands the Railroad Commission and others stop giving oil and gas companies a free pass and start protecting the people who call these areas home,” said Martin Castro, Watershed Science Director at Rio Grande International Study Center.

A 2020 study in the Eagle Ford Shale region of south Texas found that Latinas living next to high rates of flaring experienced 50% higher odds of preterm birth. As Texas Railroad Commissioners have failed to take flaring releases seriously, the Environmental Protection Agency (EPA) finalized rules in 2023 that could help mitigate global warming and clear Texas skies. Those rules limit — and eventually phase out — routine flaring at new industry facilities. The RRC is currently challenging federal rules to curb methane.

The report findings and recommendations underscore the urgent need for stronger oversight and more sustainable practices to mitigate the environmental impact of oil and gas activity and conserve valuable resources for future generations. Commission Shift calls for improved engagement and accessibility from the RRC regarding oil and gas activities that affect people’s lives and their communities.

Commission Shift, based in Laredo, Texas, is a non-profit organization focused on reforming oil and gas oversight in the state of Texas by building support to hold the Railroad Commission of Texas accountable to its mission in a shifting energy landscape. Commission Shift educates and organizes a wide array of stakeholders to build support for changes at the Railroad Commission of Texas that improve the agency’s function, transparency, and accountability to people and places impacted by the oil and gas industry.

This report was produced as part of a joint project between Commission Shift, Texans for Public Justice, and Rio Grande International Study Center (RGISC). Commission Shift and RGISC are both headquartered in Webb County, at the southern end of the Eagle Ford Shale.

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