Showing posts with label Environmental Protection Agency (EPA). Show all posts
Showing posts with label Environmental Protection Agency (EPA). Show all posts

Wednesday, February 27, 2013

Polluted America

February 24, 2013 - Tracy McVeigh - The Guardian


In the United States everything is polluted.

Democracy is polluted with special interests and corrupt politicians.

Accountability is polluted with executive branch exemptions from law and the Constitution and with special legal privileges for corporations, such as the Supreme Court given right to corporations to purchase American elections.

The Constitution is polluted with corrupt legal interpretations from the Bush and Obama regimes that have turned constitutional prohibitions into executive branch rights, transforming law from a shield of the people into a weapon in the hands of government.

Waters are polluted with toxic waste spills, oil spills, chemical fertilizer run-off with resulting red tides and dead zones, acid discharges from mining with resulting destructive algae such as prymnesium parvum, from toxic chemicals used in fracking and with methane that fracking releases into wells and aquifers, resulting in warnings to homeowners near to fracking operations to open their windows when showering.

The soil’s fertility is damaged, and crops require large quantities of chemical fertilizers. The soil is polluted with an endless array of toxic substances and now with glyphosate, the main element in Monsanto’s Roundup herbicide with which GMO crops are sprayed. Glyphosate now shows up in wells, streams and in rain.

Air is polluted with a variety of substances, and there are many large cities in which there are days when the young, the elderly, and those suffering with asthma are warned to remain indoors.

All of these costs are costs imposed on society and ordinary people by corporations that banked profits by not having to take the costs into account. This is the way in which unregulated capitalism works.

Our food itself is polluted with antibiotics, growth hormones, pesticides, and glyphosate.

Glyphosate might be the most dangerous development to date. Some scientists believe that glyphosate has the potential to wipe out our main grain crops and now that Obama’s Secretary of Agriculture, Thomas Vilsack, has approved genetically modified Roundup Ready alfalfa, maintaining sustainable animal herds for milk and meat could become impossible.

Alfalfa is the main forage crop for dairy and beef herds. Genetically modified alfalfa could be unsafe for animal feed, and animal products such as milk and meat could become unsafe for human consumption.

On January 17, 2011, Dr. Don Huber outlined the dangers of approving Roundup Ready alfalfa in a letter to Secretary of Agriculture Vilsack. Huber requested that approval be delayed until independent research could evaluate the risks. Vilsack ignored Huber’s letter and ten days later deregulated Roundup Ready alfalfa on January 27, thus accommodating Monsanto’s desire for monopoly profits that come from the company’s drive to control the seed supply of US and world agriculture by approving Roundup Ready alfalfa.

Who is Don Huber, and why is his letter important?

Huber is professor emeritus at Purdue University. He has been a plant pathologist and soil microbiologist for a half century. He has an international reputation as a leading authority. In the US military, he evaluated natural and manmade biological threats, such as germ warfare and disease outbreaks and retired with the rank of Colonel. For the USDA he coordinates the Emergent Diseases and Pathogens Committee. In other words, he is high up in his scientific profession.

You can read online what Huber told the Secretary of Agriculture. Briefly, the outcome of many years of Roundup Ready GMO corn and soybeans has been a decline in nutritional value, the outbreak of new plant diseases resulting in widespread crop failures, and severe reproductive problems in livestock, with some herds having a spontaneous abortion rate that is too high to maintain a profitable business.

Glyphosate is a powerful biocide. It harms beneficial soil organisms, altering the natural balance in the soil and reducing the disease resistance of crops, thus unleashing diseases that devastate corn, soybean, and wheat crops, and giving rise to a new pathogen associated with premature animal aging and infertility. These developments, Huber told the Agriculture Secretary, “are threatening the economic viability of both crop and animal producers.” The evidence seems to be real that genetically modified crops have lost their genetic resistance to diseases that never previously were threats.

There is evidence that the new pathogen is related to a rise in human infertility and is likely having adverse effects on human health of which we are still uninformed. Like fluoride, glyphosate might enter our diet in a variety of ways. For example, the label on a bottle of Vitamin D says, “Other ingredients: soybean oil, corn oil.”

Monsanto the devil disputes Huber’s claims and got support for its position from the agricultural extension services of Iowa State and Ohio State universities. However, the question is whether these are independently funded services or corporate supported, and there is always the element of professional rivalry, especially for funding, which comes mainly from agribusiness.

The Purdue University extension service was more circumspect. On the one hand it admits that there is evidence that supports Huber’s claims: “The claim that herbicides, such as glyphosate, can make plants more susceptible to disease is not entirely without merit. Research has indicated that plants sprayed with glyphosate or other herbicides are more susceptible to many biological and physiological disorders (Babiker et al., 2011; Descalzo et al., 1996; Johal and Rahe, 1984; Larson et al., 2006; Means and Kremer, 2007; Sanogo et al., 2000; Smiley et al., 1992). . . . Although some research indicates there is an increase in disease severity on plants in the presence of glyphosate, it does NOT necessarily mean that there is an impact on yield.”

On the other hand, the Purdue extension service maintains its recommendation for “judicious glyphosate use for weed control.” However, one of Huber’s points is that weeds are developing Roundup resistance. Use has gone beyond the “judicious” level and as glyphosate builds up in soil, its adverse effects increase.

A submission to the Environmental Protection Agency by 26 university entomologists describes the constraints that agribusiness has put on the ability of independent scientists to conduct objective research. The submission, in which the scientists are afraid to reveal their names because of the threat of funding cutoffs, is included as an item in one of the bibliographical references below. Here is the statement:

“The names of the scientists have been withheld from the public docket because virtually all of us require cooperation from industry at some level to conduct our research. Statement: Technology/stewardship agreements required for the purchase of genetically modified seed explicitly prohibit research. These agreements inhibit public scientists from pursuing their mandated role on behalf of the public good unless the research is approved by industry. As a result of restricted access, no truly independent research can be legally conducted on many critical questions regarding the technology, its performance, its management implications, IRM, and its interactions with insect biology. Consequently, data flowing to an EPA Scientific Advisory Panel from the public sector is unduly limited.”

Monsanto the devil is not only sufficiently powerful to prevent any research other than that which it purchases with its funding, but also Monsanto the devil succeeded last year in blocking with money and propaganda the GMO labeling law in California. I would tell you to be careful what you eat as it can make you ill and infertile, but you can’t even find out what you are eating.

You live in America, which has “freedom and democracy” and “accountable” government and ”accountable” corporations. You don’t need to worry. The government and responsible corporations are taking good care of you. Especially Obama, Vilsack, and Monsanto the devil.

Short bibliography:

http://fhr.branditimage.com/hot-topic-letter-to-us-secretary-of-agriculture/

http://www.fooddemocracynow.org/blog/2011/apr/6/don-hubers-cover-letter-euuk-commissions/

http://vimeo.com/22997532

http://www.greenpasture.org/utility/showArticle/?objectID=7169

http://ourecovillage.org/2011/04/11/dr-hubers-cover-letter-to-secretary-vilsack/

http://www.gmwatch.org/latest-listing/51-2012/14164-glyphosate-and-gmos-impact-on-crops-soils-animals-and-man-dr-don-huber

http://www.non-gmoreport.com/articles/may10/consequenceso_widespread_glyphosate_use.php

http://www.monsanto.com/newsviews/Pages/huber-pathogen-roundup-ready-crops.aspx

http://www.foodandwaterwatch.org/blogs/time-for-usda-to-wake-up-to-weed-resistance-and-ban-agent-orange-corn-once-and-for-all/

http://southeastfarmpress.com/resistant-pigweed-plagues-central-georgia-cotton

http://www.usgs.gov/newsroom/article.asp?ID=2909

Sunday, February 17, 2013

The U.S.’s Grossly Corrupt Health Protection System

Blame the Pentagon
by JEFFREY ST. CLAIR and JOSHUA FRANK


The nation’s biggest polluter isn’t a corporation. It’s the Pentagon. Every year the Department of Defense churns out more than 750,000 tons of hazardous waste — more than the top three chemical companies combined.

Yet the military remains largely exempt from compliance with most federal and state environmental laws, and the Environmental Protection Agency (EPA), the Pentagon’s partner in crime, is working hard to keep it that way.

For the past five decades the federal government, defense contractors and the chemical industry have joined forces to block public health protections against perchlorate, a component of rocket fuel that has been shown to affect children’s growth and mental progress by disrupting the function of the thyroid gland which regulates brain development.

Perchlorate has been leaking from literally hundreds of defense plants and military installations across the country. The EPA has reported that perchlorate is present in drinking and groundwater supplies in 35 states. Center for Disease Control and independent studies have also overwhelmingly shown that perchlorate is existent in our food supplies, cow’s milk, and human breast milk. As a result virtually every American has some level of perchlorate in their body.
Currently only two states, California and Massachusetts, have set a maximum allowable contaminant level for perchlorate in drinking water. But the EPA won’t follow these states’ lead. In the Colorado River, which provides water for over 20 million people, perchlorate levels are high. The chemical is most prevalent in the Southwest and California as a result of the large number of military operations and defense contractors in the region.

In 2001 the EPA estimated that the total liability for the cleanup of toxic military sites would exceed $350 billion, or five times the Superfund Act liability of private industry. But the federal government has been complacent and allowed perchlorate to run rampant throughout our water supplies. This negligence and lack of regulatory oversight has left the Pentagon, NASA and defense contractors free to set their own levels, trimming the high, but necessary costs of restoring groundwater quality.

While the situation has become dire in recent years, it was the Clinton administration that didn’t do nearly enough to begin cleaning up these sites and certainly did not keep a close eye on how the Pentagon spent the money it received. During the 1990s the Defense Department spent only $3.5 billion a year cleaning up toxic military sites — much of that on studies, not actual work. In 1998, the Defense Science Review Board, a federal advisory committee set up to provide independent advice to the secretary of defense, looked at the problem and concluded that the Pentagon had no clear environmental cleanup policy, goals or program, which led lawyer Jonathan Turley, who holds the Shapiro Chair for Public Interest Law at George Washington University, to call the Pentagon the nation’s “premier environmental villain.”

“If they can spend $1 million on a cruise missile, it seems kind of ridiculous they won’t spend $200,000 to see if our food is contaminated with rocket fuel,” says Renee Sharp, a scientist with Environmental Working Group. But if the Clinton program was chintzy, the Bush plan has been downright penurious.

While Bush has boosted overall Pentagon spending by billions, the administration has simultaneously slashed its environmental remediation program. Moreover, the Bush defense plan has called for “new rounds of base closures” to “shape the military more efficiently.” Efficiency is usually a code word for sidestepping environmental rules.

These military sites, which total more than 50 million acres, are among the most insidious and dangerous legacies left by the Pentagon. They are strewn with toxic bomb fragments, unexploded munitions, buried hazardous waste, fuel dumps, open pits filled with debris, burn piles and yes, rocket fuel. An internal EPA memo from 1998 warned of the looming problem: “As measured by acres, and probably as measured by number of sites, ranges and buried munitions represent the largest cleanup program in the United States.”

When a site gets too polluted, the Pentagon has chosen simply to close it down and turn it over to another federal agency. Over the past three decades, the Pentagon has transferred more than 16 million acres, often with little or no remediation. The former bombing areas have been turned into wildlife refuges, city and state parks, golf courses, landfills, airports and shopping malls.

Serious contamination of streams, soil and groundwater is a problem at nearly every military training ground. The sites are often saturated with heavy metals and other pollutants as well as unexploded weapons. The Government Accountability Office’s list of the kinds of unexploded munitions left behind on many training sites reads like a catalogue for a Middle East arms bonanza: “hand grenades, rockets, guided missiles, projectiles, mortars, rifle grenades, and bombs.”

But the government has gone to great extents to cover up its deadly legacy. In 2002 the Pentagon, defense contractors and perchlorate makers persuaded the editors of a prestigious journal to rewrite an article on the chemical’s health effects without the lead author’s knowledge or consent. Then in 2005 the White House loaded a National Academy of Science panel, which was set up to assess the health risks of perchlorate, with paid consultants of the rocket fuel industry, which, not surprisingly, recommended that exposure levels be set many times higher than the lower doses recommended by numerous independent research studies.

“Perchlorate provides a textbook example of a corrupted health protection system, where polluters, the Pentagon, the White House and the EPA have conspired to block health protections in order to pad budgets, curry political favor, and protect corporate profits,” Richard Wiles, Executive Director of the Environmental Working Group, told the Senate Environment and Public Works Committee on May 7 during a hearing held by committee Chair Barbara Boxer (D-CA) who would like to see national safety standards for perchlorate in drinking water.

“All the pieces needed to support strong health protections are in place,” said Wiles. “This is a nightmare of epic proportions for the Department of Defense and its contractors, and rather than address it head-on, they have spent 50 years and millions of dollars trying to avoid it.”

Monday, November 19, 2012

Obama’s Biggest Environmental ‘Victory’ Was A Huge Win for Frackers

by Joshua Frank
 
Greenhouse gas emissions are hot news these days — especially in the lead up to an election when candidates, at least those who claim to believe in climate science, vow to do something about the biggest environmental crisis facing our little blue planet: climate change.

In early March of this year, while campaigning in New Hampshire, Obama vowed to end $4 billion in Big Oil and Gas subsidies. “You can either stand up for the oil companies, or you can stand up for the American people,” Obama said to an applauding audience. “You can keep subsidizing a fossil fuel that’s been getting taxpayer dollars for a century, or you can place your bets on a clean-energy future.”

That sounds dandy, but ending subsidies to polluters is only half the battle, and Obama’s idea of a “clean-energy future” is tenuous at best. In an attempt to round up the green vote, which he successfully accomplished, President Obama trumpeted his half-hearted attempt to put the breaks on climate change by tapping energy sources here at home and regulating the industry that’s doing most of the damage. Only days after the president announced he was looking to fast-track the southern portion of the Keystone XL tar sands pipeline, his administration released the first-ever federal standards to limit greenhouse gas emissions from new power plants.

In what’s now become typical Obama fashion, the move was meant to appease environmental critics while at the same time ensure the fossil fuel industry that the so-called New Source Performance Standard would not actually hurt its bottom lines.

Here’s why: the EPA rule would only impact new coal-fired power plants, but only those that break ground in later next year. In all, 15 proposed coal plants in 10 states could be potentially impacted by the rule, even though most are already hung up in court battles. As such, no coal-fired power plants in the United States have broke ground over the past three years and tenacious environmentalists have seen far more victories than defeats when it comes to battling King Coal.

The new greenhouse rule will require fossil fuel-fired electricity generating units to restrict their emissions to 1,000 pounds of carbon dioxide (CO2) per megawatt-hour of electricity produced; a strict standard to be sure, but one that doesn’t come without caveats. All old power plants, some well over 50 years in age, will be exempt entirely from Obama’s greenhouse rule when it comes into effect, despite the fact that these archaic facilities alone account for over 40 percent of carbon emissions in the country. In a nutshell, the biggest coal polluters are being let off the hook altogether.

Five years ago a staggering 151 new coal plants were slated for construction, but with one of the greatest environmental achievements in our history, grassroots activists across the country stopped their development.

Obama is still riding on the coat-tails of these victories, but what’s underlying the greenhouse gas rule is a bit more sinister. As concerns about the impacts of fracking continue to grow, the power plants that burn natural gas extracted through this process of pumping a mix of water, chemicals and sand deep into the earth’s crust, won’t be covered by the rule. Generally, natural gas plants produce less than 900 pounds of CO2 per megawatt-hour. Indeed the limit set by the EPA was not arbitrary; it directly aids and abets the natural gas industry. Obama knows quite well that natural gas is poised to be the fossil fuel of the future and his administration and the EPA are not going to stand in the way of the big boom.

This isn’t to say the effect of natural gas on climate change is benign — far from it. While still producing a large amount of carbon emissions (albeit less than coal), natural gas also spews a whole bunch of methane (natural gas is methane), which is far more potent than CO2 when it comes to the immediate warming of our planet. In fact, it is estimated that methane gas has a global warming potential 25 times that of CO2 (averaged over 100 years). So, in absolute terms, natural gas does contribute substantially to greenhouse gas emissions, and with more production in the works, this contribution is going to grow a lot more in the years to come.

The EPA certainly understands methane is a big contributor to global warming. In an analysis released last year the agency doubled its earlier estimate for the amount of methane that leaks from natural gas wells and pipelines. This leaking is so extensive that it is equal to the annual emissions from over 35 million automobiles. In addition, the EPA reported that the levels of methane release during the fracking of shale gas were actually 9,000 times higher than previously thought.

Methane, unfortunately, is not covered by Obama’s proposed greenhouse gas rule. Perhaps that’s because Obama supports the expansion of natural gas exploration as well as the notion of “safe” fracking — an oxymoron akin to “clean” coal.

“We have a supply of natural gas that can last America nearly one hundred years, and my administration will take every possible action to safely develop this energy,” said President Obama in his last State of the Union address. “The development of natural gas will create jobs and power trucks and factories that are cleaner and cheaper, proving that we don’t have to choose between our environment and our economy … it was public research dollars, over the course of thirty years, that helped develop the technologies to extract all this natural gas out of shale rock.”

The process Obama is touting is the fracking of natural gas and oil from underground geological formations, like the Marcellus Shale on the East Coast. The procedure has been documented in a draft report by the EPA as causing groundwater pollution in Wyoming, yet fracking remains exempt from the Clean Water Act.

As coal becomes a relic of the past in the U.S., natural gas, with fracking as its main source of extraction, is being set up as the fossil fuel of the future, thanks in large part to Obama’s embrace and the EPA’s blind eye. In 2008 the Obama campaign amassed $884,000 from the oil and gas industry. In 2012 that number topped $2 million.

Often seen as a “bridge fuel” from coal toward renewables, natural gas has not come under the same scrutiny as other fossil fuels. Instead natural gas has been seen as a safer, cleaner burning fuel — an improvement over dirty coal. Hence why the EPA continues to punt on proposing regulations on the industry, as it did for a second at the beginning of last April when it delayed the release of rules for the oil and gas industry. If the EPA caves to the natural gas industry, as it will likely continue to do, the majority of existing fracking wells will be exempt from regulation.

Yet, even if fracking wells begin to receive the regulatory oversight they so gravely deserve, the burning of natural gas is not about to come under intensified scrutiny any time soon. On the contrary, as long as the EPA’s attention remains on curbing coal’s carbon footprint, the natural gas industry is sure to benefit and more methane is sure to seep from the depths of Earth. A recent study by tech billionaire Nathan Myhrvold and climate scientist Ken Caldeira argues that shifting to natural gas “cannot substantially reduce the climate risk in the next 100 years.”

Those fighting the frackers ought to expand their focus from fracking’s immediate dangers, which are very real, to natural gas’ long-term impacts on climate change. Even if fracking were to one day be outlawed, as long as natural gas continues to be burned the planet will continue to heat up. In short, natural gas is not a bridge to renewable energy; it’s a bridge to an even more toxic planet.

Monday, September 24, 2012

The Trillion-Gallon Loophole: Lax Rules for Drillers that Inject Pollutants Into the Earth

by Abrahm Lustgarten, 
 
On a cold, overcast afternoon in January 2003, two tanker trucks backed up to an injection well site in a pasture outside Rosharon, Texas. There, under a steel shed, they began to unload thousands of gallons of wastewater for burial deep beneath the earth.

 The waste – the byproduct of oil and gas drilling – was described in regulatory documents as a benign mixture of salt and water. But as the liquid rushed from the trucks, it released a billowing vapor of far more volatile materials, including benzene and other flammable hydrocarbons.

The truck engines, left to idle by their drivers, sucked the fumes from the air, revving into a high-pitched whine. Before anyone could react, one of the trucks backfired, releasing a spark that ignited the invisible cloud.

Fifteen-foot-high flames enveloped the steel shed and tankers. Two workers died, and four were rushed to the hospital with burns over much of their bodies. A third worker died six weeks later.

What happened that day at Rosharon was the result of a significant breakdown in the nation's efforts to regulate the handling of toxic waste, a ProPublica investigation shows.

The site at Rosharon is what is known as a "Class 2" well. Such wells are subject to looser rules and less scrutiny than others designed for hazardous materials. Had the chemicals the workers were disposing of that day come from a factory or a refinery, it would have been illegal to pour them into that well. But regulatory concessions won by the energy industry over the last three decades made it legal to dump similar substances into the Rosharon site – as long as they came from drilling.

Injection wells have proliferated over the last 60 years, in large part because they are the cheapest, most expedient way to manage hundreds of billions of gallons of industrial waste generated in the U.S. each year. Yet the dangers of injection are well known: In accidents dating back to the 1960s, toxic materials have bubbled up to the surface or escaped, contaminating aquifers that store supplies of drinking water.

There are now more than 150,000 Class 2 wells in 33 states, into which oil and gas drillers have injected at least 10 trillion gallons of fluid.  The numbers have increased rapidly in recent years, driven by expanding use of hydraulic fracturing to reach previously inaccessible resources.

ProPublica analyzed records summarizing more than 220,000 well inspections conducted between late 2007 and late 2010, including more than 194,000 for Class 2 wells. We also reviewed federal audits of state oversight programs, interviewed dozens of experts and explored court documents, case files, and the evolution of underground disposal law over the past 30 years.

Our examination shows that, amid growing use of Class 2 wells, fundamental safeguards are sometimes being ignored or circumvented. State and federal regulators often do little to confirm what pollutants go into wells for drilling waste. They rely heavily on an honor system in which companies are supposed to report what they are pumping into the earth, whether their wells are structurally sound, and whether they have violated any rules.

More than 1,000 times in the three-year period examined, operators pumped waste into Class 2 wells at pressure levels they knew could fracture rock and lead to leaks. In at least 140 cases, companies injected waste illegally or without a permit.

In several instances, records show, operators did not meet requirements to identify old or abandoned wells near injection sites until waste flooded back up to the surface, or found ways to cheat on tests meant to make sure wells aren't leaking.

"The program is basically a paper tiger," said Mario Salazar, a former senior technical advisor to the Environmental Protection Agency who worked with its injection regulation program for 25 years. While wells that handle hazardous waste from other industries have been held to increasingly tough standards, Salazar said, Class 2 wells remain a gaping hole in the system. "There are not enough people to look at how these wells are drilled … to witness whether what they tell you they will do is in fact what they are doing."

Thanks in part to legislative measures and rulemaking dating back to the late 1970s, material from oil and gas drilling is defined as nonhazardous, no matter what it contains. Oversight of Class 2 wells is often relegated to overstretched, understaffed state oil and gas agencies, which have to balance encouraging energy production with protecting the environment. In some areas, funding for enforcement has dropped even as drilling activity has surged, leading to more wells and more waste overseen by fewer inspectors.

"Class 2 wells constitute a serious problem," said John Apps, a leading geoscientist and injection expert who works with the U.S. Department of Energy's Lawrence Berkeley National Laboratory. "The risk to water? I think it's high, partially because of the enormous number of these wells and the fact that they are not regulated with the same degree of conscientiousness."

In response to questions about the adequacy of oversight, the EPA, which holds primary regulatory authority over injection wells, reissued a statement it supplied to ProPublica for an earlier article in June.
"Underground injection has been and continues to be a viable technique for subsurface storage and disposal of fluids when properly done," a spokesperson wrote. "EPA recognizes that more can be done to enhance drinking water safeguards and, along with states and tribes, will work to improve the efficiency of the underground injection control program."

Some at the EPA and at the Department of Justice, which prosecutes environmental crimes, say the system's blind spots suggest that many more violations likely go undiscovered – at least until they mushroom into a crisis.

That's what happened at Rosharon.

The accident prompted the EPA to examine what else had been dumped at the site, ultimately exposing a scheme by a company that was not involved in the explosion, Texas Oil and Gathering, to pass off deadly chemicals from a petroleum refining plant as saltwater from drilling.  

The switch saved the company substantial fees by allowing it to dispose of the material in a Class 2 well, instead of a more stringently controlled well for hazardous waste, federal investigators said.

Texas Oil and Gathering's owner and operations manager were convicted of conspiring to dump illegal waste and violating the Safe Drinking Water Act. Both declined to comment for this article.

Texas officials acknowledged that they had not looked beyond the paperwork submitted by the operators using the well. The delivery trucks weren't inspected; the wastewater was not sampled.

"Staff had no reason to believe at the time that such testing was necessary at this facility,'' Ramona Nye, a spokeswoman for the Railroad Commission of Texas, which regulates the oil and gas industry activity in the state, wrote in an email. "The likelihood of unpermitted material being disposed of is low.''

William Miller, the EPA's chief investigator on the case, points out that the only reason anyone was held accountable for injection-related violations was because the site blew up.

"If you can get the stuff down the well how is anyone ever going to know what it was?" said Miller, who retired from the EPA in 2011. "There is no way to recover it. It's an easy way to commit a crime and not have any evidence left of it afterwards."


States and Industry Resist Environmental Protections
 One reason that Texas Oil and Gathering was able to dump toxic waste for years without getting caught is that environmental regulations governing how the oil and gas industry disposes of material underground were weakened almost as soon as they were written.

A series of injection accidents beginning in the 1960s – involving pesticide waste in Colorado, dioxins in Beaumont, Texas, and drilling waste that spread for miles through a drinking water aquifer in Arkansas – prompted lawmakers to impose tougher rules on injection wells.

Wells were divided into classes, depending on the source of the waste they handled. Class 1 wells for chemical, pharmaceutical and other industrial wastes, along with Class 2 wells for the oil and gas industry, were subjected to tough controls under the Safe Drinking Water Act of 1974. From the start, the EPA says, oil and gas waste was treated as less toxic than waste from other industries, but all such material was seen as dangerous to drinking water.

Companies drilling the wells were required to do geological modeling to ensure that surrounding rock layers would not allow waste to escape through fissures or fault lines. They also were required to check for the presence of other wells that could be a conduit for contamination.  The EPA set baseline standards and mandated periodic inspections for defects. In many cases, states oversaw their implementation.

The ink had barely dried on the new regulations when the oil and gas industry – aided by sympathetic state regulators who thought their existing oversight was sufficient – began arguing that its waste should be treated differently.

Industry officials lobbied for state oil and gas agencies, some of which already had rules in place, to oversee Class 2 wells, not federal or local environmental officials. Some argued state energy regulators had greater expertise in well construction and regional geology.

In 1980, California Rep. Henry Waxman sponsored a measure that allowed the EPA to delegate authority to oversee Class 2 injection to state oil and gas regulators, even if the rules they applied varied from the Safe Drinking Water Act and federal guidelines.

A few years later, Dick Stamets, New Mexico's chief oil and gas regulator at the time, told a crowd of state regulators and industry representatives that the Waxman amendment was a biblical deliverance from oppressive federal oversight for the drilling industry.

"The Pharaoh EPA did propose regulations and there was chaos upon the earth," Stamets said. "The people groaned and labored, and great was their suffering until Moses Section 1425 (the Waxman amendment) did lead them to the Promised Land."

In the late 1980s, the EPA moved to impose more stringent measures on injection wells after Congress banned injection of "hazardous" waste. The new rules barred underground dumping unless companies could prove the chemicals weren't a health threat. To earn permission to inject the waste,  companies would have to conduct exhaustive scientific reviews to dispose of hazardous materials, proving their waste wouldn't migrate underground for at least 10,000 years.

The energy industry moved preemptively to shield itself from these changes, too. The Safe Drinking Water Act prohibited the EPA from interfering with the economics of the oil and gas industry unless there was an imminent threat to health or the environment. The industry argued that its waste was mostly harmless brine and that testing and inspecting hundreds of thousands of wells for waste that would qualify as "hazardous" would delay drillers or cost them a fortune.
  
"It would have been crippling to U.S. oil and gas production," said Lee Fuller, vice president of government relations for the Independent Petroleum Association of America. Fuller was a former staff member for the Senate Environment and Public Works Committee, whose ranking member at the time, the late Texas Sen. Lloyd Bentsen, led the fight against the hazardous waste rule. "So yes, the industry was very aggressively seeking some mechanism to address those consequences."

Bentsen had won the industry a temporary reprieve in 1980 by persuading Congress to redefine any substance that resulted from drilling – or "producing" – an oil or gas well as "non-hazardous," regardless of its chemical makeup, pending EPA study.  In 1988, the EPA made it permanent, handing oil and gas companies a landmark exemption.  From then on, benzene from the fertilizer industry was considered hazardous, threatening health and underground water supplies; benzene derived from wells for the oil and gas industry was not.

The effect was that the largest waste stream headed for underground injection, that from the oil and gas industry, was exempted from one of the most effective parts of environmental rules governing hazardous waste disposal.

"A blanket exemption without any sense of what the actual chemistry of these wastewaters is, is very concerning," said Briana Mordick, a geologist at the Natural Resources Defense Council.

Other protections also began to unravel, widening the gap between Class 1 and Class 2 well regulations. Both regulators and the industry regularly refer to drilling waste as "salt water" even though, according to a 2002 EPA internal training document obtained by ProPublica, "on any given day, the injectate of a Class II-D well has the potential to contain hazardous concentrations of solvents, acids, and other… hazardous wastes."

Once the wastes were defined as nonhazardous, there was little justification for holding Class 2 wells to the same rules as other waste being injected deep underground.

Today, for example, Class 1 wells for hazardous waste are tested for pressure continuously and are supposed to be inspected for cracks and leaks every 12 months. Oil and gas wells – though the goal is to inspect their sites annually – have to be tested only once every five years.
Injection wells are known to cause earthquakes, so Class 1 wells usually have rigorous seismic and geologic siting requirements. Often, Class 2 wells do not. An EPA staff member might spend an entire year reviewing an application for a new hazardous waste well. Class 2 wells are often permitted in bulk, meaning hundreds can be green-lighted in a matter of days.

Where Class 1 hazardous waste is injected, companies have to inspect a two-mile radius for old wells, making sure contaminants will have no avenue to shoot back up into drinking water aquifers or to the surface. The minimum standard for oil and gas companies is to inspect within 400 yards, even though it is widely believed, according to internal EPA memorandums obtained by ProPublica, that such a rule is arbitrarily defined, runs against "much existing evidence" and "may not afford adequate protection" of drinking water.

EPA officials acknowledge that their Class 1 regulations represent the best practices to keep water safe and that the risk of a Class 2 well leaking is no different than the risk of a Class 1 well leaking. The contrast in regulations reflects "varying legal authorities, not varying levels of confidence," an agency spokeswoman wrote in an email, referring to the mandate not to let environmental rules interfere with the nation's drilling progress.

State injection regulators counter that much drilling-related waste is put in the same geologic formations that produce oil and gas, in which contaminants like benzene naturally occur. The water close to these wells is often already undrinkable, they say, so lesser protections make sense.

According to the EPA's most recent inventory, the number of Class 2 wells is near an all-time high.

Oklahoma, Texas, Kansas and California use tens of thousands of Class 2 wells to push out oil and gas or dispose of fracking fluids and "produced" water, as the waste derived from drilling is called. In North Dakota, injection permits have increased tenfold, with more wells being permitted in one month – September 2011 –than is typical in an entire year. New Mexico issued twice as many permits last year as it did in 2007. Ohio injected twice as much waste in 2011 as it did in 2006 and is evaluating applications for dozens of new injection sites. largely for waste exported by Pennsylvania and New York, where such wells are deemed unsafe.

As much as 70 percent of the waste destined for Class 2 facilities would be considered toxic if it were not for the loopholes in the law, according to Wilma Subra, a chemist and activist who sits on the board of STRONGER, a partnership of oil and gas industry representatives and state regulators aimed at bolstering state standards.

Recently, Stark Concerned Citizens, an anti-drilling group, asked Ohio regulators why radioactive materials such as radium weren't identified or disclosed when injected into Class 2 wells.

"The law allows it," Tom Tomastik, a geologist with Ohio's Department of Natural Resources and a national expert on injection well regulation, replied in a Sept. 17 email. "It does not matter what is in it. As long as it comes from the oil and gas field it can be injected."


Well Operators Game Safety Tests
 When Carl Weller showed up, shovel in hand, at a Kentucky farm field dotted with injection wells in June 2007, he was acting on a tip.  Weller, a contracted EPA injection inspector, was an expert in testing for what regulators call "mechanical integrity," using air pressure to check if wells have leaks or cracks.

Such tests are among the only ways to know whether cement and steel well structures are intact, preventing brine and other chemicals from reaching drinking water.

Using his shovel, Weller dug around the top of a well, unearthing the steel tubing near the surface. A few inches down, he came across an apparatus he had never seen before: A section of high-pressure tubing ran out of the well bore and connected to a three-foot-long section of steel pipe, sealed at both ends. The apparatus appeared designed to divert air pumped into the well into the pipe instead, making the well test as if it were airtight.

"The only reason that I know of that that device would be installed would be to perform a false mechanical integrity test, more than likely because the well itself would not pass," Weller testified in 2009 as part of a case against the well's operator. The EPA did not make Weller available to comment for this article.

When EPA inspectors kept digging, they found the buried devices on 10 more wells.
The case stunned regulators. Weller had been inspecting the site's injection wells, which were used to enhance the recovery of oil, for the better part of a decade, certifying them as safe.  After the EPA's discoveries, workers at the company that operated the wells, Roseclare Oil, accused its manager, Daniel Lewis, of having conspired to cheat the tests for much of that time.

In 2009, Lewis was convicted of a felony charge for gaming the safety tests on Roseclare's wells and was sentenced to 3 years probation and a $5,000 fine. He maintains his innocence, saying the wells were rigged by his father, who ran the company's local operations until his death, but said such practices were typical in Kentucky's oil and gas industry. "I'd say it's pretty common," said Lewis, whose probation was commuted in 2011.  "But it's not something people go around talking about either."

From Lewis' perspective, injection well operators sometimes have little choice but to try to fool inspectors. Many wells are decades old and were drilled before the current regulations were written. Some are decrepit, their cement aging and cracked. They also can't be easily – or cheaply – repaired.

Lewis, who is now a part-owner of Roseclare and continues to run its operations, said that before wells were due for EPA inspections he would pretest them himself. If one failed, he'd enter problem-solving mode, prepping the site for the EPA's arrival. Two of his employees testified that he ordered them to fabricate and install the diverters.

"You go and work in it and try to get it to hold and it won't hold," Lewis said of the wells. "What are you going to do? It's kind of a ‘Don't ask, don't tell.'"

Randy Ream, the Assistant U.S. Attorney for Kentucky's Western District who prosecuted the case against Lewis, called his scheme unusually elaborate but agreed that efforts to get around the rules for injection wells are common. Sometimes, he said, they result in the contamination of private drinking water wells.

"We have people who have constructed wells that are not certified injection wells, or we have people who will put their brine in a tank and carry it over and put it in somebody else's well," Ream said.  "One guy, he's got oil coming out of his shower head."

"There is just so much brine," Ream added, "and you have to get rid of it."


So Many Wells, So Few Inspectors

One obstacle to more effective enforcement in Kentucky and elsewhere, Ream said, is that regulators cannot always keep up with well tests and inspections.

According to EPA records, Kentucky has 3,403 Class 2 wells, which are supposed to be tested for mechanical integrity once every five years. But since 2007, an average of just 253 wells a year have been tested, less than half as many as there should have been to remain on schedule.

A spokeswoman for the EPA's regional office in Atlanta said in an email that only half of Kentucky's injection wells are actively used and only active wells can be tested. She said mechanical integrity tests are performed on each well every 36 months, but did not address the discrepancy between this schedule and the number of tests reflected in EPA data.

The EPA employs just six people to check its wells across the southeast, not just in Kentucky, but in Tennessee and Florida, too. Those same people are also responsible for working with state inspection programs in North and South Carolina, Georgia, Alabama and Mississippi, which have their own inspection staffs.

Most states aim to visit injection sites at least once a year, and some meet or exceed that schedule, EPA records show. Ohio, for example, recently added staff dedicated exclusively to injection oversight and visits its active injection sites every 12 weeks. (Ohio also insists that Class 2 wells meet many of the more stringent testing and permitting regulations it uses for Class 1 hazardous waste wells.)

"Ohio's [rules] are based on what we felt we needed to develop to continue to alleviate any concerns," said Tomastik, of Ohio's Department of Natural Resources. "Obviously without regulatory presence in the field, the operator is not concerned about operating within the requirements."

But understaffing seems to be endemic across drilling states, especially where state regulatory agencies are responsible for checking both producing oil and gas wells and injection wells for waste or to enhance production.

In Montana, EPA auditors noted that inspectors are choosing which wells to inspect and have a "significant" workload.  In North Dakota, EPA auditors also noted the pressures of "exponential" growth and an "increasing workload."

To meet the goal of inspecting each well annually, Texas inspectors would have to visit eight wells a day, every day, including Sundays and Christmas. That's after Texas' Railroad Commission hired 65 staffers last year to help inspect the state's 428,000 wells.

Nye, the commission's spokeswoman, said the state had sufficient funding and inspected each of its commercial disposal wells twice last year.

"The Commission has a stringent and comprehensive review process for these wells," Nye wrote in an email.  "Railroad Commission staff work diligently to ensure saltwater disposal wells are not and will not be a problem."

But inspectors don't check on private disposal wells, which are far more numerous, with the same regularity. Nor do they keep a schedule for when officials should conduct such visits.
Other states are struggling under similar burdens. In Wyoming, inspectors would also have to check eight wells a day for each well to be checked once a year – a pace possible if wells are clustered together, experts said, but otherwise difficult to achieve. In West Virginia and Kansas, inspectors would have to check seven wells per day.

Visiting injection wells often ranks low among inspectors' priorities unless there is an accident or spill, according to a 2007 Texas auditor's report. The most urgent responsibility for regulators, beyond responding to emergencies, is typically overseeing the development of new oil and gas wells.

The result is that several years can pass between inspections of many injection well sites. In 2010, state regulators visited less than half of the Class 2 sites that a federal well inventory shows they were responsible for monitoring, ProPublica's analysis showed.  EPA inspectors checked on such wells even less frequently, visiting less than one-quarter of the sites under their jurisdiction in 2010.

"I don't give a darn whether you have federal regulations, or a squeaky clean permitting system," said Bill Bryson, a member of the Kansas Geological Survey and the former head of Kansas' oil and gas commission. "If you don't have somebody going out and looking at the wells it doesn't do any good, and if you don't have the right people looking … it doesn't do any good either."

Much of the problem with oversight comes down to money, critics say. In some states, budgets and staff for oil and gas agencies have dropped relative to the number of new wells being drilled over the last nine years.

Kansas employs about the same number of inspectors as it did in 2003, even though it drills four times as many new wells. New drilling has nearly doubled in Louisiana over the same period, but the state's enforcement staff has remained static and its oil and gas budget has increased modestly. In Illinois, drilling has nearly doubled, while the number of enforcement staff has been reduced.

Since the Underground Injection Control program is run under a federal mandate, states rely partly on money from the EPA to fund oversight and enforcement. Federal dollars make up 20 percent of Texas' budget, for example. But in the last 22 years, the EPA's annual operating budget for injection has remained about the same: $10 million. Taking inflation into account, funding has dropped at least 40 percent from 1990 to 2012, though the regulations for all well classes have only grown more complex.

"The UIC program has been flat funded for years," said Dan Jarvis, the field operations manager for Utah's Division of Oil, Gas and Mining.  "With more manpower, obviously you put them on the ground and you're going to have better compliance. Our field people are some of the greatest guys going, but they are overworked."

The EPA declined to disclose the operating budget for regional offices that monitor waste wells under federal jurisdiction or oversee state injection programs. Documents show, however, that in 2011 the agency suspended its travel budget for visits to some of the states that have the largest injection programs, including Louisiana, Texas and Oklahoma.

"Do you think we are doing more now than we were doing 30 years ago? No, there is no money," said Salazar, the former EPA injection expert. "There are not enough people to know what is going on. It is the ideal storm for industry. Less and less people, more and more things that the EPA has to do."

Ultimately, much of the responsibility for meeting EPA standards falls to companies themselves. Some operators routinely exceed the minimum requirements of injection regulations, says Hughbert Collier, who runs a Texas environmental engineering firm that consults with injection well operators. They conduct their own integrity tests every year and make sure employees visit well sites once a month.

But operators inclined to cut corners have little to hold them back.

"What most people would be surprised about is that regulators don't have real good control over everything that goes on in the regulated community," said Miller, the former EPA criminal investigator in Texas. "Most of our environmental law requires self-reporting and that requires honest people."

When violations are identified – such as the 140 times waste was illegally injected and noted in the regulatory reports – the consequences can be minimal, and only in rare cases do transgressions rise to the level of criminal prosecution. In the three years of national data reviewed by ProPublica, which included more than 24,000 formal notices of violations, only one case was referred to criminal investigators.

Usually, violations result in citations or informal warnings. If operators do not address violations, then modest fines may be levied; in some cases, wells are temporarily shut down. There is no central source of information on the size of fines, but an audit of Louisiana's injection program provides a glimpse: In 2011, the state collected an average of $158 for each violation.

After three deaths, two federal worker safety investigations and a criminal prosecution, few injection sites nationwide received as much regulatory scrutiny as those in Rosharon, Texas.  Yet, despite all the attention, the wells there later failed on the most basic level.

On Feb. 17, 2010, thousands of gallons of waste that had been deposited into these wells gurgled to the surface in what the Railroad Commission described as a "breakout." Materials injected far below the earth had managed to migrate back up to the surface, perhaps through an old well missed by regulators.

As of this June, investigators were still analyzing whether the chemicals injected underneath the site had reached water supplies.

++++++++++++++

Friday, September 21, 2012 by PRWatch.org
Coordinated Actions Worldwide this Weekend Call for Banning Fracking
by Sara Jerving
 
 
Concerned people from the U.S. and numerous other countries will join in a global campaign event Saturday to call for a ban of hydraulic fracturing or “fracking." More than 150 events, on five continents, are planned for this weekend’s “Global Frackdown” -- a day of action against fracking -- coupled with the promotion of the expansion of clean, sustainable energy options. 




Concerns about fracking, a process of extracting oil and gas from shale formations, have increased over the past few years as a growing number of communities encounter pressure from the well-funded industry to open up their land and water to industrial drilling. New technologies have made obtaining these deposits cheaper than had been possible in the past, leading to a rapid expansion of fracking across the globe.

During the process of fracking, large quantities of fresh water, coupled with chemicals and sand, are pumped into shale formations in order to crack the rock and extract the fossil fuels.

The blend of "proprietary" chemicals used in this process is largely kept confidential, but studies have revealed that fracking fluids contain a host of toxic substances, including known carcinogens and volatile organic compounds (VOCs). Fracking has the documented potential to contaminate drinking water sources.  Fracking has also been shown to foul both air and land -- in addition to spoiling millions of gallons of fresh water as part of the drilling process.

Fracking has been a contentious issue in many countries that have large shale deposits, which may be located where people live or set aside as natural wildlife areas or parks.

While communities across the globe continue to fight political or legal battles over the use of land and water for the controversial extraction process, Saturday’s day of action will be the first time such efforts are coordinated internationally.

Citizens on Five Continents Call for a Ban
The day of action, spearheaded by Food & Water Watch, has garnered participation of over 150 organizations worldwide. Citizens in Argentina, the Czech Republic, China, Zimbabwe, and the Ukraine, among other nations, will be speaking out on the same day that resisting unlimited fracking is a universal fight.

“Since our water system is deeply interconnected, even if you don’t have a fracking rig next to your house, your health, safety and environment are at risk,” Anna Ghosh of Food & Water Watch said.

Citizens will converge in front of parliament buildings in Bulgaria, South Africa, and the Czech Republic, at the Golden Gate bridge in San Francisco, and at Noosa Beach in Australia. A brigade of bicycles will protest at the site of an injection well in northern Spain. Street theatre performances portraying the dangers of fracking will be held in downtown Chicago and citizens will hand out information on fracking at Madison's weekly farmers' market on the Capitol building square, among other actions.

Day of Action Follows Protests in Brussels, Philadelphia, and Ottawa
Some of the actions already started this week. On Tuesday, members of Green Parties from across Europe gathered in front of the European Parliament building in Brussels, Belgium, holding murky cups of water along with their protest signs, to represent the threat of water contamination that comes with fracking. The European Union is currently in the process of deciding the future of how the continent will move forward on regulating fracking.

This protest came in part in response to the European Parliament’s Industry Committee passing a decision Tuesday that said no environmental regulation amendments are needed to protect citizens from fracking. The European Parliament Environment Committee voted the following day for a more stringent approach to regulation. A European Commission released a report earlier this month calling for strict regulations because of the threat that fracking poses to the health of Europe’s residents and its environment.

On Thursday in Ottawa, the Council of Canadians, dressed in hazmat suits, delivered petitions signed by nearly 10,000 people asking for a moratorium on fracking in that country until federal reviews have been completed. The staff carried fake buckets of toxic fracking fluid to deliver along with the petitions. The protesters had hoped to deliver the petitions to Peter Kent, the Minister of the Environment, but the minister never made an appearance.

About one thousand people gathered in Philadelphia Thursday for “Shale Gas Outrage,” organized by Protecting Our Waters, a Philadelphia-based nonprofit group. The protestors stood outside the Pennsylvania Convention Center where inside Governor Tom Corbett spoke to attendants of a Marcellus Shale industry conference. At the convention, Corbett called those concerned about fracking the "unreasoning opposition" and touted the industry as the "tip of the spear" of a new industrial revolution. Corbett reportedly received nearly $1 million from those in the oil and gas industry during his gubernatorial campaign.

Citizens Standing up to Powerful Industry, Gains Have Been Made
These citizens are up against a powerful, well-funded oil and gas industry with an aggressive public relations campaign to convince the world that fracking is benign. But despite their efforts, victories have been won by citizens hoping to protect their health and the environment from the dangers fracking poses. Fracking has been banned in France, Bulgaria, and the state of Vermont. There are also moratoriums on new fracking wells in New Jersey and New York, as well as in Romania, the Czech Republic, and the German region of North Rhine Westphalia. New York is currently deciding whether to end the state's moratorium on new wells in the state. Around two thousand individuals marched in Albany in August to persuade Governor Andrew Cuomo not to lift the moratorium.

Within the first 24 hours of which she was named to cabinet, Quebec’s new Natural Resources Minister Martine Ouellet said Thursday that she does not think there is any safe way to extract shale gas. “Our position is very clear: we want a complete moratorium, not only on exploitation but also on exploration of shale gas. We haven’t changed our minds,” she said.
A full list of events planned for the "Global Frackdown" is available here.

Tuesday, August 21, 2012

240 Million Americans to Lose Protections From Coal Pollution

Tuesday, August 21, 2012 by Common Dreams
US Court Throws Out EPA Coal Pollution Rule, Leaves Millions Exposed to Harmful Emissions
Up to 240 million Americans will now lose protections against dangerous smog and soot pollution, following a decision by a US appeals court on Tuesday. In a 2-1 decision the US Court of Appeals for the D.C. Circuit overturned the Environmental Protection Agency's Cross-State Air Pollution Rule, which would have reduced harmful emissions from coal-burning power plants and saved the lives of up to 34,000 people per year.

“This decision allows harmful power plant air pollution to continue to aggravate major health problems and foul up our air. This is a loss for all of us, but especially for those living downwind from major polluters,” said John Walke, clean air director at the Natural Resources Defense Council.

The rule, slated to reduced sulfur dioxide emissions by 73 percent and nitrogen oxide by 54 percent at coal-fired power plants from 2005 levels in 28 states, will now be sent back for revision for an indefinite period of time.

The EPA had adopted the regulation one year ago in a bid to reduce downwind pollution from power plants across state lines. It was scheduled to go into effect in January; however, several large power companies and some states sued to stop it.

“This rule would have prevented thousands of premature deaths and saved tens of billions of dollars a year in health costs, but two judges blocked that from happening and forced EPA to further delay long overdue health safeguards for Americans,” Walke stated.

According to the Environmental Defense Fund, the rule would have:
  • Saved up to 34,000 lives each year
  • Prevented 15,000 heart attacks each year
  • Prevented 400,000 asthma attacks each year
  • Provided $120 billion to $280 billion in health benefits for the nation each year

Sunday, May 13, 2012

EPA Grossly Misrepresents The Toxicity Of Corexit Used In Gulf Of Mexico

Saturday, May 12, 2012
Susan Aarde - Activist Post

Quite incredibly, the EPA issued a positive report on May 1, 2012 regarding the safety and toxicity of various dispersants used in the BP Gulf Oil Spill. Included in this assessment was the use of Corexit.

This report “indicated that all eight dispersants had roughly the same toxicity," and all fell into the “practically non-toxic” or “slightly toxic” category. Scientists found that none of the eight dispersants displayed endocrine-disrupting activity of “biological significance.”

The same report went on to say that “dispersant-oil mixtures were generally no more toxic to the aquatic test species than oil alone.”

The first question that jumps out for those who have researched this subject with any degree of thoroughness is how this recent report fails to reconcile with previous studies performed by the EPA.

Here is some test data retrieved from the EPA website that was posted previous to the BP Gulf Oil Spill.
The dispersant (Corexit 9500) and dispersed oil have demonstrated the following levels of toxicity per the EPA website link that follows: 
(1) 10.72 parts per million (ppm) of oil alone will kill 50% of the fish test species in a normal aquatic environment within 96 hours. 
(2) 25.20 parts per million of dispersant (Corexit 9500) alone will kill 50% of the fish test species in a normal aquatic environment within 96 hours. 
(3) 2.61 parts per million of dispersed oil (Corexit-laden) alone will kill 50% of the fish test species in a normal aquatic environment within 96 hours.

This data diverges from the recent report to such a significant degree that the results which were just posted at the EPA.gov website under the title of “The BP Oil Spill: Responsive Science Supports Emergency Response” must be seriously scrutinized.

What is the buying public to make of such conflicting data? Those who have medical conditions which require complete avoidance of toxic seafood need to know with certainty what they are eating.

Likewise, the fishermen in the Gulf need to know the true condition of their catch. Swimmers and beach goers need to know the state of the water, as well as the beaches. Boaters ought to be informed of the relevant risk factors when out in the areas of recently sprayed waters, whether surface or deep sea.

The most serious questions to emerge from this report revolve around the issue of credibility. Can the EPA ever be trusted again to conduct the necessary research regarding anything having to do with the Gulf of Mexico oil spill caused by BP?

Issuing such blanket statements about the relatively low toxicity associated with this spill, irrespective of location on the beach, in the waters, in the wetlands or estuaries, seems to be quite disingenuous.

Furthermore, the federal government’s declaration that the "clean up phase" of the Deepwater Horizon spill is over begs for review, especially in light of the large quantities of submerged oil unaccounted for residing in the water column, DOJ’s discovery of false flow rate numbers reported by BP and new sightings of oil slicks all over the Gulf.

In light of all that, the clean up phase is not over and further use of Corexit dispersant isn’t an effective solution.

Moreover, the fact that the EPA has approved for use a very safe bioremediation agent known as Oil Spill Eater II, but has yet to allow its use in the Gulf raises many additional questions.

From our investigation, it has become clear that Corexit has been given preferential treatment over other much safer alternatives. The Gulf Oil Spill Remediation Conference (GOSRC) was quoted as follows in this regard:
When we heard about Oil Spill Eater II, and the fact that it is EPA-approved (NCP listed) and has demonstrated its effectiveness at least 14 times for the BP Gulf Oil Spill, we wondered why it wasn’t being used 24/7.
The GOSRC went on to issue a press release entitled: Coalition Of Enviro, Citizens And Political Groups Demand COREXIT Use Be Stopped which pointed out the deliberate false image which has been created around the use of this toxic dispersant — Corexit 9500.

The Gulf Rescue Alliance (GRA) also made the recent observations in their press release entitled: BP Gulf Oil Spill Revisited.
Many of these studies point out the obvious; that when you mix a tremendous volume of released oil with methane gas and further mix it with a toxic dispersant like Corexit, as they have done throughout this oil spill, a chemical cocktail is created that will have as far-reaching ecological ramifications as it will profound environmental consequences.
The Earth Orgainization (TEO) has also weighed in on this issue through their release of an excellent documentary entitled: Hidden Crisis in the GULF. Barbara Wiseman, TEO President, has been an ardent advocate for safer oil remediation measures since the very beginning of this oil spill. She has said that:
At the beginning of the disaster, TEO investigated to find effective, non-toxic technologies currently available in adequate supply to clean up an oil spill of this size. Once we isolated the best solutions, we then investigated to find what the barriers to getting them implemented were. The barriers have all come down to specific people in the EPA. They are, in effect, holding the Gulf hostage and, for some unexplained reason, won’t let it be cleaned up.
Lastly, perhaps the words of Steven Pedigo reflect the voice of reason more than any other in this ongoing oil spill when he was quoted in A 2nd Anniversary Report on the BP Gulf Oil Spill as follows:
The toxic dispersants add absolutely nothing to EFFECTIVE RESPONSE. There is no scientific basis for it, and their use violates The Clean Water Act, EPA’s charter and common sense. 
Corexit’s label clearly states it can cause kidney failure and death and the MSDS (Material Safety Data Sheet) specifically warns, 'Do not contaminate surface water with it. Additionally, toxicity testing in regards to marine species shows little tolerance by all forms of sea life; thus, applying it on spills as a preferred response method increases the toxicity of the spilled oil on which it is used.

Saturday, May 12, 2012

EPA to Fracking Victims: Drop Dead

by LISA BARR
Dimock, PA.
I spend much of my time traveling between the fracked society of Northeastern Pennsylvania (Towanda, County Seat of Bradford) where my sister practices law and lives and my own, pre-fracked Otsego County New York.  It’s about a 3 hour drive each way.  From Towanda, I can get to Dimock, PA–where I went again this week.

That’s a lot of driving.

So, I reflect upon places I’ve seen similarly devastated.

Southeastern Louisiana, around New Orleans comes to mind.

I was a television and radio journalist there in the mid-1980s.

This week, I remembered the morning I received a phone call from a Department of Environmental Quality (DEQ) official who was assigned to marshland in a lower parish.  “Frank” was out of breath.  “How soon can you get hee-yah?”, he practically whined into the phone.  “They’re tearing up the marsh before we can get the court order!”  Frank’s wife sensed he needed medical assistance.  He was in the middle of a heart attack.

An oil company was being pressured by the government to drill directionally.   The lawyers were doing their thing in court.  But the executives had ordered workers to go ahead and render the lawyers’ work ‘moot’–if there’s nothing LEFT of the marsh to damage–there is no justiciable issue.  Cutting a channel into the marsh would allow the saltwater and tidal action open the channel exponentially.

Bastards.

Frank was beside himself.  So, he called a journalist–a television journalist. Me.  The local newspaper, the Times Picayune, was largely ignoring a big story:
  • Oil companies were failing to use directional drilling off the Gulf of Mexico coast;
  • Directional drilling could have saved what was then 50 miles remaining of estuary marshlands south of New Orleans;
  • Every mile of that marshland could absorb a foot of hurricane storm surge.
Do the math.

New Orleans did not need to drown during Katrina.

But, first, a dedicated DEQ ranger would try saving his corner of the estuary. 

In the middle of his heart attack.
My videographer and I were about 45 minutes away when he called to say his wife was demanding that he get to the emergency room.  We told him to listen to his wife.  “I want to make sure you make the turn-off to get this.  I don’t know how much longer the tugboat’ll  be hee-yah.”   We assured him we could find it.  When we made the turn-off–there was Frank.  We would not have been able to get the shot without him.  There was a little lane we needed to drive down.  “The wife might be right,” he said as he left us and drove himself to the hospital.
Under the tree canopy, there was the tugboat driver.  The operator was ‘executing’ a K-turn.  In the marshland.   The smell of diesel was heavy in the mid-morning swelter.  He got stuck.  He rocked it back and forth until he was turned around and then quickly slid out to the coast, spewing mud and plants.   The saltwater would move northward.

Of course, so would these rapaciously piggy corporate thugs. Three and a half decades later.
You can see their workers display the company attitude:  “Wine-em, Dine-em, Pipeline-em’ on the rear window of the 4-door diesel pickup truck with the Oklahoma plates (why are all these trucks white?).  “Happiness is Dumping My Load” on the rear of a dump truck that monstrously huge digging equipment fills with rich Pennsylvania river-bottom farmland.

You might expect that attitude from people who don’t know any other way to make a living.
You don’t expect to see it from the ‘best of the best’ environmental regulators.

But the EPA officials I saw in Dimock April 18th were nothing like ‘Frank’ from Louisiana DEQ.  They were more refined, and, I suspect, better paid.  Yet, they were worse than any crude tug operator, pipeline crew member, or dump-truck driver.
 
These people knew better.

These people have options.

Not so Craig and Julie Sautner.  And their two teenagers living with them on the GASLAND-famous Carter Road in Dimock, PA.

Barack Obama and Joe Biden say ‘natural’ gas from the Marcellus bedrock underlying vast tracts of Pennsylvania and New York will be a ‘transition’ fuel to the solar panels other countries have used for decades.  Both men take huge amounts of campaign dollars from the companies benefitting from the devastation visited (regionally) first upon tiny Dimock, PA–the same companies paying millions to tell us that solar power will not work.

Both politicians take money from the companies pushing for a ‘new national grid’–when we could convert our old empty factories to make solar panels we could install on every home and factory.  Who needs a grid?  Who needs the oil companies?  Who needs regulators who don’t do their jobs?

What I documented a few weeks ago is monumental evidence of federal agency corruption.   They thought they could get away with it in the modest rural home of Craig and Julie Sautner.
 Watch the video. 

I know it’s good because an astro-turf website of fracking supporters in Dimock has pirated it, edited it to distort its message and posted it on ‘Dimock Proud’ a website advised by EID Marcellus–the propaganda arm of the fracking industry.

I did it because Julie and Craig Sautner asked me to come videotape the meeting.  Back in December, Josh Fox and Mark Ruffalo and the big environmental groups held their public show of support for the Sautners after the local gas supporters blocked free water from coming to those afflicted by fracking.  They brought a lot of water to Carter Road.  Drinkable water.

I said to Julie that there may come a time when there’s no one willing to come to Dimock–that’s when she could call me and I’ll come document for her.  Then a moneyed person expressed interest in my video.  So, unlike my other videos, I did not put a creative commons release on this video.   I said it would be fair use with prior permission.

That brought me some derision from some citizen journalists–people who never do anything but self-publish or post to a particular anti-fracking site.  Less than 24 hours later, DimockProud.com has pirated my video, distorting it in the process.   Let me say to the thieves:  apologies for the quality–it’s finished in iMovie because I cannot afford Final Cut Pro yet.  Apologies for it’s less-than-slick presentation.

But, the admissions documented should astound everyone–even gas drilling supporters.
Here’s why:

  • The EPA claimed the Sautner’s water is fit to drink;
  • The EPA admitted to raising the ‘detect’ levels of suspected and known carcinogens appearing in the Sautner’s water;
  • The EPA said they raised the detect levels whenever there were suspected ‘laboratory contaminants’ or ‘contaminated samples’ (I’m not making this up–watch the video)
  • The EPA brought along, unannounced, a Pennsylvania regulatory official (a breed of human which should no longer have any credibility remaining whatsoever).
The composure of the Sautners should also astound you–not the least of which because Craig Sautner resolutely does not cuss. Seriously. Both Sautners had many reasons to cuss that day, including:
 *The condescending demeanor and words of the EPA and PA officials (watch the ENTIRE video); *Statements that officials would not drink the Sautners’ (newly deemed) ‘safe’ water because they may have done something to their own water (Watch Trish Taylor in the video at 25:26); *Claims the Sautners have a history of ‘bacteria’ problems with their well (not true, and even if it were true–many people in the Marcellus region opt out of treating ‘iron bacteria’ choliform colonies with yearly chlorine ‘shock’ treatments or year-round ultra-violet lights; *The PA ‘Sort of a Toxicologist’ claims (twice 30:36 and 30:47) that Craig had somehow fixed a door so that the industry-captured-regulators could not leave the Sautner’s house (as if anyone would such duplicitous guests to STAY?); *Claims that Methane in their home well is not a health hazard (though it ‘may’ be a fire hazard).
 Watch the video. I came to Dimock that day thinking I would be videotaping true public servants–people like ‘Frank’ or the newly ousted EPA official who was denounced as a regulator and ‘environmentalist’–as if the two occupations are incompatible. By the way, Frank had a heart attack when he first saw the tug in the marshland.  The hospital officials bawled him out for not coming sooner, but he was fine.  Not so the marshland.  Not so the 9th Ward. But, the Sautners are fine, for now.   You wonder how they bear up under all this pressure. All this bullshit. The township of Dimock refused to sign a ‘mutual aid’ agreement to let the City of Binghamton bring them clean water.  Just to be mean.  (I have that on videotape as well.) There is a court case ongoing regarding the removal of a state-ordered water supply to their home.

So, lawyers call. Film crews call.  “Can you take me to get some video of someone lighting their water on fire?”  or “I want to see a burn-off.” Environmental groups call.  Come to our fundraiser.  Let us do a photo-op (to fundraise–for what?  More buses to Albany to yell inside a building or deliver another petition?).   One young leader of a group that’s provided the Sautners water told Julie the other day that their coffers were ‘bleeding’ from providing water to her family. This is what I call a fracked society. No one seems to know how to behave. Least of all the EPA. They are still refusing to give the Sautners what they requested after hearing all the double-speak about ‘new protocols’ for lab testing, ya dada ya dada:  the original sample results before the ‘detect’ levels were raised. Simple data. Call the EPA at 202-564-4700 and demand they give the original Dimock lab tests for EVERY home tested by our regulatory agency back in January.  Make sure they get half as worked up as they made the Sautners and all the other people in Dimock the day they told them their water  was ‘safe‘ to drink. You won’t give them a heart attack. If they are half the public servant  ‘Frank’ was, you might give them a sleepless night or two. But, don’t bet on it.

Wednesday, April 25, 2012

ALEC and ExxonMobil Push Loopholes in Fracking Chemical Disclosure Rules

Wednesday, April 25, 2012 by ProPublicaby Cora Currier, ProPublica


One of the key controversies about fracking is the chemical makeup of the fluid that is pumped deep into the ground to break apart rock and release natural gas. Some companies have been reluctant to disclose what's in their fracking fluid. Scientists and environmental advocates argue that, without knowing its precise composition, they can't thoroughly investigate complaints of contamination.

Disclosure requirements vary considerably from state to state, as ProPublica recently charted. In many cases, the rules have been limited by a "trade secrets" provision under which companies can claim that a proprietary chemical doesn't have to be disclosed to regulators or the public.

One apparent proponent of the trade secrets caveat? The American Legislative Exchange Council, better known as ALEC, a nonprofit group that brings together politicians and corporations to draft and promote conservative, business-friendly legislation. ALEC has been in the spotlight recently because of its support of controversial laws like Florida's "Stand Your Ground" provision.

This weekend, as part of a story on ALEC's political activity, The New York Times noted that the group recently adopted "model legislation" on fracking chemical disclosure, based on a bill passed in Texas last year. According to The Times, the model bill was "sponsored within ALEC" by ExxonMobil, which runs a major oil and gas operation through its subsidiary, XTO Energy. The advocacy group Common Cause, which provided the documents on ALEC's lobbying efforts to The Times, describes model legislation, in many cases identifying by namethe company that proposed it to ALEC's task forces.

ALEC has recently removed its list of model bills from its main website, and did not respond to requests for comment. A spokesman for XTO Energy confirmed that the company is a member of ALEC, but he did not provide details on the company's involvement with the disclosure bill.

The spokesman said ExxonMobil supports "full disclosure of the ingredients and additives in hydraulic fracturing fluids," but added that when vendors request it, ExxonMobil has "respected the trade secret status of their products." Last year, the company beganvoluntarily uploading chemical disclosures to FracFocus, a clearinghouse website run by the Groundwater Protection Council and the Interstate Oil and Gas Compact Commission.

In a recent blog post, ALEC claimed that legislators in Pennsylvania, Illinois, Indiana, New York and Ohio have introduced versions of its model bill, but many of those states vary in the level of disclosure required and how they handle the trade secrets provision. Laws in 11 states require at least partial disclosure, and the Bureau of Land Management recentlydrafted disclosure guidelines for drilling on federal land.

These laws have been relatively well-received by environmental advocates, though the trade secrets issue remains a concern for some. In Ohio, for example, proprietary chemicals don't have to be disclosed to regulators or the public. In Pennsylvania, they are disclosed to regulators, and the public can request information on them from the state Department of Environmental Protection on a case-by-case basis.

The Texas law, which ALEC cites in the post as its template, codifies the trade secrets exemption, and who can challenge it:


Otherwise, Texas' law requires that companies post disclosure forms for each completed well on the FracFocus site. They must disclose all chemicals but only report the concentrations of those that are hazardous. The law also requires that the companies give the total volume of water used in fracking.

The Environmental Protection Agency cannot regulate fracking in order to protect groundwater, because in 2005 Congress exempted fracking from the Safe Drinking Water Act, which controls how industries inject substances underground.

According to ALEC's blog, the model disclosure legislation is designed to promote "responsible resource production" and "aims to preempt the promulgation of duplicative, burdensome federal regulations" from the EPA, in particular. ALEC has consistently opposed any federal control over fracking. In 2009, the group adopted a "Resolution to Retain State Authority Over Hydraulic Fracturing."