Showing posts with label toxic chemicals. Show all posts
Showing posts with label toxic chemicals. Show all posts

Tuesday, August 5, 2014

Fracking’s untold health threat: How toxic contamination is destroying lives

America's natural gas boom has real consequences for children and animals,
researchers tell Salon

Lindsay Abrams

If we’re going to talk about fracking, we can’t just talk about energy independence, or the economy, or the potential for natural gas to act as a “bridge fuel” to help solve the global warming crisis. We also need to talk about the effect that hydraulic fracturing is having on the communities where it’s taking place, and to ask whether that cost — to people’s health and property — is too high.

The main barrier to that conversation, of course, is that it’s one the industry definitely doesn’t want to be having, aside from insisting that fracking is safe. Michelle Bamberger, a veterinarian, and Robert Oswald, a professor of molecular medicine at Cornell, believe differently, and they have the research to back up their claims. The two have documented cases of contaminated water and air, of sick pets and dying livestock and of similar symptoms experienced by the animals’ owners, all with few apparent explanations. And that, the researchers, argue, is the real scandal: It’s up to the people being affected, and not the industry causing the damage, to prove that something’s wrong.

In The Real Cost of Fracking: How America’s Shale Boom is Threatening Our Families, Pets and Food,” Bamberger and Oswald share the stories of people whose lives have been affected — and in some cases, destroyed — by fracking, in a way that aims to open up the conversation to what’s at stake. “Simply put,” they write, “we are not certain of the public health implications of large-scale industrial oil and gas drilling.” The effects we are seeing, they add, are being seen most prominently in animals, children and oil and gas workers: the ones who, because they are so sensitive to hazards from gas operations, end up serving as the canaries in the coal mine.

Bamberger and Oswald spoke with Salon about the challenges of studying the health risks of fracking, and about why they believe the evidence they’ve found is enough to make us seriously question whether they’re risks worth taking. This interview has been lightly edited for length and clarity.

What got you started investigating this aspect of fracking?
MB: We heard about this issue about five years ago when we read in our local paper about a community group that was going through all the leases and just plotting out where surface and mineral rights were leased in the county. It made it really easy to know where you were and who your neighbors were that were leased — the land that was leased around you. We’re out in the country, about 15 minutes from Ithaca, and we saw that we were surrounded by farmers who owned 100 acres or more of land and had leased. The way compulsory integration works in New York is that if you are in a land unit, which is usually one square mile, that is 60 percent or more leased, then your land could be drilled under.

So that got us really interested in the issue, because we’re not leased, but we would be drilled under. So we thought, we’d better start paying attention to this. So we started attending meetings and learning more about it. And in the process, I started hearing about cases in Pennsylvania where animals were becoming ill, and no one was trying to figure out why, or owners didn’t know why, or their vets didn’t know why. That’s what pulled me into it; and for Robert’s part, I think I can speak for him, he started getting involved with it from looking at the documentation I was starting to collect.

Was it hard to find people who were willing to speak about the experiences they’re having?
MB: I started to get emails from people who knew I was a veterinarian who were local farmer-type people up here in New York who had connections with people in other states through the farming groups. So they started putting me in contact with people, and I started to become known as a vet who was interested in looking into these cases and starting to document them, and that’s how I got pulled into this.
 
What are some of the more shocking things you turned up?
MB: I can think of one particular occasion — this was in Louisiana in April 2009 — and that was the one where the cattle were exposed to hydraulic fracturing fluid and they died within an hour. What was shocking about that was that these are animals, which are over 1,000 pounds, and it takes something pretty powerful to knock them out, that they’re exposed to it and then dead in just an hour. That really grabbed me by the neck, because what I’ve been reading about was usually cattle exposures, where even if it’s pretty toxic, it’s one to three days. One to three days is pretty fast, actually, but within an hour is pretty amazing. So I think that was the most amazing thing that I heard of with these cases. Robert is shaking his head in agreement.

RO: I think that was the most dramatic case we had. We had a lot of cases that were interesting but that was a dramatic one.

MB: Robert, the other answer you give for this is the case where we were sitting at the kitchen…

RO: That wasn’t dramatic but it had a big effect on me, let’s put it that way. We went to visit some people and they had actually had some documented contamination on their land and their cows were quarantined. And we’re just sitting in their dining room, which is off their kitchen, and you can look through their kitchen window and all you can see out their kitchen window is a well pad. We look outside the dining room window and about 10 feet away from it is a driveway, and that’s the access road to the pad. So I realized for these people, all this drilling and fracking and everything, it was right on top of their house. These people had several hundred acres and they didn’t want them to put the pad there, but the company insisted on putting the pad right by their house. That was a thing that was really early on and it really struck me as something that I just didn’t understand — how people could live with that, and how the companies could actually do that.

Would you say that all adds up to these people’s lives being dominated, or ruined, by drilling operations? Or is it just that we’re not hearing enough about any of these things that are happening?
MB: I think their lives are in many cases being dominated, and I think that’s true especially in the cases when people lose their water — we all know what it’s like when our electricity goes out or our power goes out and we can’t run our spigot. To have that be all the time, how do you compensate for that? What do you with water that’s not good, and you can’t drink it and maybe you can’t even bathe in it? You’re getting rashes, you’re getting ill — it really does turn your life upside down and it does dominate it. We have one woman we described in our book who said, “I go to sleep thinking of water. I wake up thinking of water. Every minute is thinking of water.” It just made me realize that we take so much for granted. But this is huge: When you have to think of every drop, counting exactly how much water you’re going to need and how much you’re going to use and think of your community and think of your neighbors, it’s really overwhelming. It’s hard to really understand. We got a little bit of a taste of it when we went and visited these people and spent some time with them, but I think no one could ever understand it unless you go through it.

RO: You know, Tony Hayward, the CEO of BP, during the BP oil spill, he said he wanted his life back. That had such a hollow ring to it. These are people who really need their lives back, and they’re not going to get it back.

There’s one point in the book where you compare some of these people to victims of rape, which seems like a pretty extreme comparison.
MB: The thing I was trying to get at there as an analogy was lack of control. They’re powerless. And again, you can get that feeling through all the chapters that we’ve written in describing the cases. Especially in that last chapter, on environmental justice, where they’re at the complete mercy of these companies that are working around them and then at the companies’ mercy as to whether they’re provided with a water buffalo [a large container of replacement water], to whether it’s decided that the results of their testing show they need it. What do they have to prove in order to be able to have good water again? I think that’s the sort of thing I was trying to build and get there with that analogy: powerlessness and lack of control.

Going back to your research, how many of these case studies that you feature are backed up by conclusive evidence that says “Yes, fracking is definitely causing these problems?”
MB: So on those cases, a few are, most are not. We feel strongly that it’s because of the current testing methods that are used and the fact that for a lot of these chemicals, we don’t know what they are actually using — especially the proprietary mixes, we don’t know what all the components are. But also we don’t know what the maximum contaminate levels (MCLs) are. So, in other words, what is the level below which there are no health effects and above which definitely there are? And what are the effective screening levels for air? If we don’t really know them, then we believe these people have no recourse because there’s no MCL. And that came out really strongly for me. We have several cases in the book that are part of the EPA study, where I was shocked when I saw the water results that a large majority of those chemicals the EPA was testing didn’t have MCLs. And if you don’t have an MCL, you can’t go into litigation, you can’t go to court and say “we have conclusive evidence.” It doesn’t matter how sick they are and that they can’t use their water or that when they stop using their water they get better and when they use it again they get worse. None of that counts as conclusive evidence. Having said that, we do have several cases you can read about in the book where it is conclusive evidence. But it’s the rarity really because of the many reasons we discussed in the book.

RO: You should also sort of realize that it took about 30 years to determine conclusively that cigarettes caused cancer, and part of the reason is that there’s always some sort of plausible deniability. It really depends on what we accept as a level of truth and what’s more important. Is it more important to absolutely prove there’s contamination here, or is it more important to prove that there’s not contamination here? And where do we find the balance? The balance, unfortunately, is very much in favor of companies and not in favor of the people who are living with this.

So you mentioned more testing. Are there simple things that could be put in place to help make the link more clear, or to help protect people?
MB: That’s a really good question. We are now, getting back to the testing thing, thinking of looking at it in a different light, to make it simpler for people to know right away: “Is this water I shouldn’t be drinking? And if it needs much further testing that maybe I can’t afford, at least I shouldn’t be drinking it.”

As far as simple things that could be done that might lessen the effects right now, I think the best discussion of that is in our first paper, where we talk about what could be done: just getting further away from these operations, for the drilling companies to operate further away, there’s also been a lot, lately, about cement casing failures. I think the big thing is that we were shocked about the number of inspectors. There are so few inspectors that they cannot get out and really make sure things are running correctly, even as they stand now. So there’s something that’s really simple and really basic, and the state regulators would probably say we don’t have the money for that, we can’t afford it. But then it comes down to this question that we’re hearing all over the country now: “What’s more important, to get the energy out of the ground or people’s health?” That’s a real basic question; that’s what it comes down to now and we strongly believe people’s health and children and animals and food and all of that should come way before going after an energy source that’s not really viable, especially in light of the climate change we have — but that’s another issue.

I can’t imagine that the industry has had a positive response to your work.
MB: Energy In Depth is one of the energy industry sites and they pretty much attack anybody who doesn’t say that this is great stuff they’re doing. So we are not the only ones who have been attacked. But we look at it like we don’t really care what they have to say. We’re just going to do the best science in the most objective way possible and that’s what we’re still trying to do. The reason to write the book, in addition to the articles, is to reach an audience that might not read an article, even though our article was pretty easy to read. A lot of people hearing it from a scientific journal just would not read it. So the book is an effort to reach those people who would read a book. So we’re hoping to get more people aware of the situation, and if more people are aware maybe things will change eventually.

Would you say nondisclosure agreements are making it harder to get those stories out there?  
MB: That is true and I think that’s happening more and more. And it’s been hard; we’ve had a few cases shut down and people say “I can’t provide you with any more information,” or right up front we were not able to follow up on a really good case because they’d already signed. So for us as researchers that really cuts out a lot of information where we’re trying to find out what’s happening, especially as health researchers for the public health — it’s hard to protect the public health if you can’t ask what’s happening.

Leaving aside the climate change aspect, and just so far as the direct effects on people who live near fracking operations, do you see the point where the industry could make significant enough improvements that fracking will be safe — or at least safe enough — to be justifiable, from an energy standpoint?
RO: Well I think they can do better, that’s true. And maybe they are doing better. I don’t know. I don’t think there will ever be a case where it will always be safe. There will always be problems; mistakes happen. And when they wipe out a community’s water by making a mistake, that’s the major issue. When you get right down to it, what’s more important: Do we find alternative ways of getting energy? I think there are alternatives, but I think what we’re doing is sending all our money to subsidize the oil and gas industry and sending very little money subsidizing alternative energy. It’s that balance for change for alternative energy, which has become much more affordable for people. I think it would not be worth taking the risk of contaminating water and air and ruining some people’s lives.

Tuesday, December 17, 2013

Decades Later, FDA Takes Action on Safety of Antibacterial Soaps

Oh, FDA...is there ANYTHING you won't approve without adequate testing to determine whether it's a health risk to the public? Public Service jobs don't pay well and have crazy turnover--gotta snag that cushy corporate corner office at one of the companies for whom you rubber stamp approval for everything they submit, doncha? Stack that paper!



“FDA is finally taking concerns about triclosan seriously."

- Andrea Germanos, staff writer


Commonly used antibacterial soaps are no better at killing germs than washing with plain soap and water, but may harm health and contribute to making bacteria resistant to antibiotics, the U.S. Food and Drug Administration announced Monday.

"New data suggest that the risks associated with long-term, daily use of antibacterial soaps may outweigh the benefits," Colleen Rogers, Ph.D., a lead microbiologist at FDA, said in a statement.

In its proposed rule issued Monday, the FDA states that makers of antibacterial soaps and body washes must now demonstrate the safety and effectiveness of those products, noting:
Several important scientific developments that affect the safety evaluation of these ingredients have occurred since FDA’s 1994 evaluation of the safety of consumer antiseptic active ingredients under the OTC Drug Review. New data suggest that the systemic exposure to these active ingredients is higher than previously thought, and new information about the potential risks from systemic absorption and long-term exposure have become available. New safety information also suggests that widespread antiseptic use can have an impact on the development of bacterial resistance.

Environmental and public health watchdog groups have long sounded the alarm about triclosan, a common anti-bacterial agent.

In 2008, Environmental Working Group found that
Triclosan has been linked to cancer in lab animals, has been targeted for removal from some stores in Europe for its health and environmental risks, and the American Medical Association recommends against its use in the home. It is also linked to liver and inhalation toxicity, and low levels of triclosan may disrupt the thyroid hormone system. Thyroid hormones are essential to proper growth and development, particularly for brain growth in utero and during infancy.
Triclosan breaks down into very toxic chemicals, including a form of dioxin; methyl triclosan, which is acutely toxic to aquatic life; and chloroform, a carcinogen formed when triclosan mixes with tap water that has been treated with chlorine. Scientists surveyed 85 U.S. rivers and streams, and found traces of triclosan in more than half.

Other studies indicate that it contributes to antibiotic-resistant bacteria.

According to reporting by Bloomberg, "Chemicals like triclosan were never intended for mass consumer use."

The FDA first proposed removing triclosan from some products 35 years ago, the Natural Resources Defense Council points out, but no final action from the FDA meant its use continued and grew.

In 2010, the NRDC sued the agency to make it issue a final rule on triclosan. Monday's proposal comes as a result of a settlement from that lawsuit.

“This is a good first step toward getting unsafe triclosan off the market,” said Mae Wu, an attorney in NRDC’s health program. “FDA is finally taking concerns about triclosan seriously."

While the proposed rule covers soaps and body washes, it leaves out products that don't use water like antibacterial wipes and sanitizers. The group Safer Chemicals Healthy Families points out that triclosan is widespread, and may also appear in products like toothpaste, cutting boards, yoga mats, textiles and household cleaners.

Thursday, May 2, 2013

Study finds 'soup of toxic chemicals' in the air near Arkansas ExxonMobil spill site

RT: April 30, 2013 04:03

While many questions remain following ExxonMobil’s March 29 tar sands oil spill in Mayflower, Arkansas, a new independent study has revealed the existence of high levels of cancer-causing chemicals in the area.

The new research, co-published by the Faulkner County Citizens Advisory Group and Global Community Monitor, indicates that the 500,000 gallons of heavy bitumen oil released by a gash in ExxonMobil’s aging Pegasus pipeline has released hazardous air pollutants (HAPs) as defined by the 1990 US Clean Air Act.

According to a press release in conjunction with the new study, the total of 30 toxic chemicals include benzene, toluene, ethylbenzene, n-hexane and xylenes. Consequences of exposure to these chemicals include damage to the human nervous system, muscular weakness and blurred vision, while breathing ethylbenzene and benzene in particular can cause cancer and reproductive issues.

According to April Lane of the Faulkner County Citizens Advisory Group, health reports collected from residents in the four weeks following the spill show they are demonstrating symptoms consistent with exposure to hazardous chemicals and independent air testing.

“Even four weeks later, residents are still feeling symptoms from the chemical exposure. People have consistently talked about gastrointestinal problems, headaches, respiratory problems, skin irritation including chemical burns, and extreme fatigue,” says Lane.

According to Dr. Neil Carman, a member of the Lone Star Chapter of the Sierra Club and a former member of the Texas Commission on Environmental Quality, analysis of these HAPs could present any number of public health concerns.

“Thirty toxic hydrocarbons were measured above the detection limits. Each of the thirty hydrocarbons measured in the Mayflower release is a toxic chemical on its own and may pose a threat to human health depending on various exposure and individual factors,” said Carman, who described the ambient air in the affected spill region as a “soup of toxic chemicals.”

The study comes only a week after another independent test performed by Opflex Solutions on nearby Lake Conway disputed ExxonMobil’s claims that bitumen heavy crude oil had not reached the lake.

While the oil giant’s official statement read that “the main body of Lake Conway and Palarm Creek remain oil free,” the CEO of Opflex, a company specializing in oil spill cleanups, confirmed a different truth.

"Yes, there's oil in Lake Conway and there's oil downstream flowing into the Arkansas River," said Smith. "I have found methylene chloride and barium in concentrations indicative of tar sands oil," he added.

According to Inside Climate News, which has been closely following ExxonMobil’s response during the Mayflower spill’s cleanup, a number of discrepancies in its statements make it unclear when the Pegasus pipeline began leaking, how the company found out about the initial spill, or how quickly the company moved to contain the breach.

As of yet, a definitive answer on how much oil spilled from the 22-foot-long pipeline gash remains in dispute. Three groups are currently looking into the spill: The Pipeline and Hazardous Materials Safety Administration (PHMSA), US Representative Ed Markey (D-Mass) and Arkansas Attorney General Dustin McDaniel. McDaniel recently received over 12,500 pages of documents from ExxonMobil following a subpoena.

Last week, local news channel THV11 reported on a Mayflower town hall meeting hosted by the Faulkner County Citizens Advisory Group. At that meeting John Hammons, a local resident near a smaller body of water adjacent to Lake Conway, reported his concern of consequences from oil spill contamination:

"We can smell it. So I know it's there," Hammons said, who is concerned for his wife, who is seven months pregnant."She's broken out in hives, had nose bleeds, (and) respiratory problems," added Hammons.

See also:

ExxonMobil keeping quiet as Mayflower residents report increasing health problems

Toxic Chemicals Found in Thousands of Children's Products

Wednesday, May 1, 2013 by Common Dreams
Walmart among major manufacturers selling products without any "standards"
- Lauren McCauley, staff writer

Thousands of name brand children's products that line the shelves of big chain stores contain toxic chemicals linked to cancer, hormone disruption, and reproductive problems, according to an analysis released Wednesday by watchdog group the Washington Toxics Coalition.

Children's car seats were among the products identified as containing toxic flame retardants.

The study, called Chemicals Revealed, identified over 5000 children's products such as clothing, car seats and personal care products that include developmental or reproductive toxins and carcinogens.

"The data shows store shelves remain full of toxic chemicals that we know are a concern for children’s health,” said report author Erika Schreder, science director for the Washington Toxics Coalition.

The group analyzed a series of reports filed under Washington State’s Children’s Safe Products Act of 2008, which requires major children's product manufacturers to report the presence of toxic chemicals in their products—though not the exact product itself. Washington State is the first state to have a comprehensive chemical reporting program.

Some examples include: Hallmark party hats containing cancer-causing arsenic, Graco car seats containing the toxic flame retardant TBBPA (tetrabromobisphenol A) and Walmart dolls containing hormone-disrupting bisphenol A.

"For most products in our homes, including children’s products, we simply don’t have standards," added Schreder. "Manufacturers are allowed to use just about anything they want to."

The study identified a number of major manufacturers who reported using the chemicals in their products including Walmart, Gap, Gymboree, Hallmark, and H&M.

Walmart alone reported a total of 459 instances of products containing chemicals including arsenic, cadmium, phthalates, bisphenol A (BPA), and mercury.
The retail giant has fought particularly hard against consumer protection legislation in Washington. Most recently, the company led a coalition against the Toxic-Free Kids and Families Act (HB 1294), which failed in the state legislature but would have required manufacturers to stop using toxic flame retardants in children’s products.

"It is particularly disturbing to see the large numbers of products reported by Walmart at the same time the company has been working to defeat Washington’s bill that would address some of the most problematic uses," said Schreder. "Companies like Walmart need to show they’re serious about children’s health by getting toxic chemicals out of their products and supporting common-sense legislation."

"The biggest thing that this [report] does is to demonstrate a system that’s broken, and to ask for better protection," added Sarah Doll of Safer States, which is part of a network of environmental health groups nationwide.

Some other major findings from the reports include:

  • More than 5,000 products have been reported to date as containing a chemical on Washington State’s list of 66 Chemicals of High Concern to Children.
  • Products reported so far include children’s clothing and footwear, personal care products, baby products, toys, car seats, and arts and craft supplies.
  • Toxic metals such as mercury, cadmium, cobalt, antimony, and molybdenum were reported, with cobalt being the metal most often reported.
  • Manufacturers reported using phthalates in clothing, toys, bedding, and baby products.
  • Other chemicals reported include solvents like ethylene glycol and methyl ethyl ketone, and a compound used in silicone known as octamethylcyclotetrasiloxane.

You can view the full analysis of the reports here.

Thursday, April 4, 2013

Monsanto the Devil's Legacy

Wednesday, April 3, 2013 by Common Dreams
Food & Water Watch highlights toxic 'corporatization and industrialization of our food supply'
- Jacob Chamberlain, staff writer


Chemical disasters, Agent Orange, and the first genetically modified plant cell are among just some of the dark milestones belonging to the history of the biotech giant Monsanto the devil  highlighted in a new report released Wednesday by consumer advocacy group Food & Water Watch.

The in-depth historical analysis Monsanto the devil: A Corporate Profile presents a corporation "steeped in heavy industrial chemical production," who only recently began marketing itself through an "environmentally friendly, feed-the-world image"—an image that is contradictory to a century of toxic chemical production and a food supply saturated with un-labeled GE crops, herbicides, and artificial growth hormones.

Monsanto the devil, as FWW shows, now holds vast "undue influence over lawmakers, regulators, and our food supply," and has caused great devastation to farmers around the world through its global seed monopoly.

“Despite its various marketing incarnations over the years, Monsanto the devil is a chemical company that got its start selling saccharin to Coca-Cola, then Agent Orange to the U.S. military, and, in recent years, seeds genetically engineered to contain and withstand massive amounts of Monsanto the devil herbicides and pesticides,” said Ronnie Cummins, executive director of Organic Consumers Association in response to the report. “Monsanto the devil has become synonymous with the corporatization and industrialization of our food supply.”

“Even though you won’t find the Monsanto the devil brand on a food or beverage container at your local grocery store, the company holds vast power over our food supply,” said Rebecca Spector, West Coast Director for the Center for Food Safety. “This power is largely responsible for something else we cannot find on our grocery store shelves — labels on genetically engineered food. Not only has Monsanto the devil’s and other agribusinesses’ efforts prevented the labeling of GMO foods, but they spend millions to block grassroots efforts like California’s Prop 37 in order to keep consumers in the dark.”

The report arrives after President Obama signed last week what has been dubbed the "Monsanto the devil Protection Act"—legislation critics say amounts to "corporate welfare" for biotechnology corporations like Monsanto the devil that puts both farmers and the environment in jeopardy.

The law will essentially "bar US federal courts from being able to halt the sale or planting of genetically modified (GMO) crops even if they failed to be approved by the government's own weak approval process and no matter what the health or environmental consequences might be," Greenpeace wrote last week.

"At the end of March, the American public saw first hand the unjustifiable power that Monsanto the devil holds over our elected officials when an unprecedented budget rider, dubbed the ‘Monsanto the devil Protection Act,’ was tacked onto the spending bill to fund the federal government,” Dave Murphy, founder and executive director of Food Democracy Now! stated following the release of Food & Water Watches new report. “This is an outrageous interference with our courts and separation of powers and we cannot sit back and allow our elected officials to continue to take orders from Monsanto the devil at the expense of family farmers and consumers.”


From Saccharin to GE Seed, Report Profiles Monsanto the devil’s History Peddling Chemicals for Food, Agriculture, War


Washington, D.C.—From its beginnings as a small chemical company in 1901, Monsanto the devil has grown into the largest biotechnology seed company in the world with net sales of $11.8 billion, 404 facilities in 66 countries across six continents and products grown on over 282 million acres worldwide. Today, the consumer advocacy nonprofit Food & Water Watch released its report, Monsanto the devil: A Corporate Profile.

“There is a growing movement of people around the country who want to take on Monsanto the devil’s undue influence over lawmakers, regulators and the food supply,” said Wenonah Hauter, executive director of Food & Water Watch and author of the book Foodopoly. “People need to know about Monsanto the devil’s history as a heavy industrial chemical manufacturer; a reality at odds with the environmentally friendly, feed-the-world image that the company spends millions trying to convey.”

“At the end of March, the American public saw first hand the unjustifiable power that Monsanto the devil holds over our elected officials when an unprecedented rider, dubbed the ‘Monsanto the devil Protection Act,’ was tacked onto the spending bill to fund the federal government,” said Dave Murphy, founder and executive director of Food Democracy Now! “This is an outrageous interference with our courts and separation of powers and we cannot sit back and allow our elected officials to continue to take orders from Monsanto the devil at the expense of family farmers and consumers.”

The report offers a timeline of milestones in the company’s history including chemical disasters, mergers and acquisitions, and the first genetically modified plant cell.


Monsanto the devil: A Corporate Profile can be downloaded here: http://fwwat.ch/MonsantoProfile

Friday, March 15, 2013

Florida Legislature Pushing Fracking Disclosure Bill

Nothing to Sneeze At
by STEVE HORN


Florida may soon become the fourth state with a law on the books enforcing hydraulic fracturing (“fracking”) chemical disclosure. The Florida House of Representatives’ Agriculture and Natural Resources Subcommittee voted unanimously (11-0) on March 7 to require chemical disclosure from the fracking industry. For many, that is cause for celebration and applause.

Fracking for oil and gas embedded in shale rock basins across the country and world involves the injection of a 99.5-percent cocktail of water and fine-grained sillica sand into a well that drops under the groundwater table 6,000-10,000 feet and then another 6,000-10,000 feet horizontally. The other .5 percent consists of a mixture of chemicals injected into the well, proprietary information and a “trade secret” under the Energy Policy Act of 2005, which current President Barack Obama voted “yes” on as a Senator.

That loophole is referred to by many as the Halliburton Loophole because Dick Cheney had left his position as CEO of Halliburton – one of the largest oil and gas services corporations in the world – to become Vice President and convene the Energy Task Force. That Task Force consisted of the Secretaries of State, Treasury, Interior, Agriculture, Commerce, Transportation and Energy. One of its key actions was opening the floodgates for unfettered fracking nationwide.
Between 2001 and the bill’s passage in 2005, the Task Force held over 300 meetings with oil and gas industry lobbyists and upper-level executives. The result was a slew of give-aways to the industry in this omnibus piece of legislation. On top of the “Halliburton Loophole,” the bill also contains an exemption for fracking from Environmental Protection Agency (EPA) enforcement of the Clean Water Act and the Safe Drinking Water Act.
The federal-level response to closing the ”Halliburton Loophole” is the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act, a bill that never garnered more than a handful of co-sponsors.

The state-level response, the story goes, is versions of the bill that recently passed onan 11-0 bipartisan basis in a Florida state house subcommittee.

Introduced as the “Fracturing Chemical Usage Disclosure Act” on Feb. 13, bill sponsor Rep. Ray Rodrigues (R-76) told The Palm Beach Post the day the bill passed in Subcommittee that there is ”every indication…at some point in the future” that fracking will proceed in the Sunniland Shale basin and that being “proactive” is the way to go. A senate companion bill was also introduced as SB 1028 by Sen. Jeff Clemons (D-27) and if the bill passes in both chambers, it will be labeled SB 1776.

What Rodrigues didn’t mention: the law was written by what investigative journalist Steve Coll referred to as a “private empire,” ExxonMobil.

Like its federal-level predecessor, it still contains the “trade secrets” loophole. It’s also a model bill distributed both by the American Legislative Exchange Council (ALEC), as first revealed by The New York Times in April 2012, and the Council of State Governments (CSG), as first revealed here on DeSmogBlog.
FracFocus Façade: Sunshine State’s Copy-Paste and Disaster-in-the-Make

It’s “Sunshine Week” for open government groups and in the Sunshine State we’ve just witnessed a “copy-paste” job that happened out in broad daylight with no one noticing – until now.

A review of the bill’s verbiage reveals it is essentially a mirror image of ALEC’s Disclosure of Hydraulic Fracturing Fluid Composition Act and CSG’s “Act relating to the disclosure of the composition of hydraulic fracturing fluids.”

Most telling is the section of Florida’s bill calling for an “online hydraulic fracturing chemical registry.” That registry, like the Texas model the bill is based off of, would be run by FracFocus. An August investigation by Bloomberg News revealed that FracFocus merely offers the façade of disclosure, or a “fig leaf” of it, as U.S. Rep. Diane DiGette (D-CO), co-sponsor of the FRAC Act put it.

“Energy companies failed to list more than two out of every five fracked wells in eight U.S. states from April 11, 2011, when FracFocus began operating, through the end of last year,” wrote Bloomberg. “The gaps reveal shortcomings in the voluntary approach to transparency on the site, which has received funding from oil and gas trade groups and $1.5 million from the U.S. Department of Energy.

In reality, FracFocus is a public relations front for the oil and gas industry, as we reported here in Dec. 2012, explaining,
FracFocus’ domain is registered by Brothers & Company, a public relations firm whose clients include America’s Natural Gas Alliance, Chesapeake Energy, and American Clean Skies Foundation – a front group for Chesapeake Energy.

In short, the bill offers “sunshine” to the public in name only.

“This disclosure bill has a hole big enough to drive a Mack truck through,” Texas Rep. Lon Burnam (D-90) told Bloomberg.

How the Bill Became a “Model”

In May 2011, the Obama Administration Department of Energy (DOE) fracking subcommittee - consisting almost entirely of officials with ties to the oil and gas industry - convened to produce “best practices” for state-level regulations and disclosure standards for fracking.

Out of the subcommittee came the standards written into a Texas bill, HB 3328, passed one month later in June 2011 in a 137-8 roll call vote, while its Senate companion bill passed on a 31-0 unanimous roll call vote. $1.5 million in FracFocus funding stems from the DOE fracking subcommittee.

A Dec. 2012 Bloomberg probe revealed that the industry utilized the “trade secrets” exemption 19,000 times its first year as law of the land in Texas. For perspective, there are only 6,000 fracking wells in the state at-large.

In Oct. 2011 and Dec. 2011, the Texas bill became a “model bill” both at the CSG and ALEC annual meetings, respectively. ExxonMobil was one of the biggest corporate patrons for CSG’s annual meeting that year, serving as a Gold Level Sponsor.

CSG is a partially corporate-funded and taxpayer-subsidized (via portions of state-level budgets) “trade association” which, like ALEC, passes model legislation often written by and voted upon by corporate lobbyists sitting alongside state-level legislators at its annual meetings. It refers to these bills as “Suggested State Legislation” (SSL). Unlike ALEC, its maintains bipartisan membership.

ALEC is 98 percent funded by corporations, corporate-funded foundations and trade associations. Like CSG, ALEC also passes “model bills” at its annual meetings in similar fashion: behind closed doors, with corporate lobbyists sitting alongside state-level legislators voting “up-down” on proposals. Unlike CSG, it’s predominantly a Republican-centric operation.
The New York Times revealed in an April 2012 investigation that ExxonMobil authored the disclosure standards in the Texas bill that came from the DOE fracking subcommittee. ExxonMobil is the number one producer of shale oil and gas in the United States and a corporation which scored $44.9 billion in profits in 2012, $300 million dollars short of the world record for highest ever annual profit (which Exxon set in 2008).

The model bill has passed in Colorado and Pennsylvania and was proposed but failed in Massachusetts, Maryland, New York, Indiana, California, and Arkansas. Section 77 of Illinois’ proposed Hydraulic Fracturing Regulation Act - as revealed here on DeSmogBlog - also contains the “trade secret” exemption.

Seven of the 15 members of the Florida Agriculture and Natural Resources Subcommittee are ALEC members.

Industry’s Florida Plans Include Fracking the Everglades

A portion of the Sunniland Trend Shale, based in southwestern and southern Florida, overlaps the Everglades National Park. Florida’s Republican Gov. Rick Scott, a climate change denier, has gone on the record stating fracking in the pristine park is fair game.

Department of Environmental Protection enforcement fell to record-low levels in 2011 in Florida, Scott’s first year in office.

“The total number of enforcement cases fell by more than a fourth (28%) and the DEP Office of General Counsel received the third lowest number of case reports in agency history,” wrote The Bradenton Times. “Pollution penalty assessments dipped by a similar proportion (29%) while penalties actually collected dropped by more than half (57%). The number of big fine cases (more than $100,000) also was cut by half.”

While some speculate as to whether fracking will ever actually happen in Florida, the oil and gas industry has shown it’s serious about developing this shale basin and will host the “Emerging Shale Plays USA” conference in Houston, TX from April 24-25. One of the sessions being led by Brandt Temple, the CEO of Sunrise Exploration & Production is titled, “Mapping The Geological Variance Of The Lower Sunniland To Pinpoint Sweet Spots And Identify Where To Place Wells.”

ALEC’s track-record in the “United States of ALEC” is nothing to sneeze at.

“Each year, close to 1,000 bills, based at least in part on ALEC Model Legislation, are introduced in the states. Of these, an average of 20 percent become law,” ALEC boasts on its website.

One would be remiss given this track record, then, to write off the threat of fracking in the Florida swamplands.

Thursday, October 11, 2012

The Fracking Frenzy's Impact on Women

Hydraulic fracturing, or "fracking," has generated widespread media attention this year. The process, which injects water and chemicals into the ground to release "natural" gas and oil from shale bedrock, has been shown to contribute significantly to air and water pollution and has even been linked to earthquakes. But little has been reported on the ways in which fracking may have unique impacts on women. Chemicals used in fracking have been linked to breast cancer and reproductive health problems and there have been reports of rises in crimes against women in some fracking "boom" towns, which have attracted itinerant workers with few ties to the community.

Toxins in Fracking Process Linked to Breast Cancer
Not only has the chemical cocktail inserted into the ground been shown to contaminate groundwater and drinking water, but fracking fluid also picks up toxins on its trip down to the bedrock and back up again that had previously been safely locked away underground. Chemicals linked to cancer are present in nearly all of the steps of extraction -- in the fracking fluids, the release of radioactive and other hazardous materials from the shale, and in transportation and drilling related air pollution and contaminated water disposal.

Some reports indicate that more than 25 percent of the chemicals used in natural gas operations have been linked to cancer or mutations, although companies like Haliburton have lobbied hard to keep the public in the dark about the exact formula of fracking fluids. According to the U.S. Committee on Energy and Commerce, fracking companies used 95 products containing 13 different known and suspected carcinogens between 2005 and 2009 as part of the fracking fluid that is injected in the ground. These include naphthalene, benzene, and acrylamide. Benzene, which the U.S. EPA has classified as a Group A, human carcinogen, is released in the fracking process through air pollution and in the water contaminated by the drilling process. The Institute of Medicine released a report in December 2011 that links breast cancer to exposure to benzene.

Up to thirty-seven percent of chemicals in fracking fluids have been identified as endocrine-disruptors -- chemicals that have potential adverse developmental and reproductive effects. According to the U.S. EPA, exposure to these types of chemicals has also been implicated in breast cancer.

The Marcellus Shale in the northeast part of the United States also naturally contains radioactive materials, including radium, which is largely locked away in the bedrock. The New York's Department of Environmental Conservation (DEC) analyzed 13 samples of water, contaminated by the fracking process, as a result of the hydraulic fracturing of the shale during the extraction process. The DEC found that the resulting water contained levels of radium-226, some as high as 267 times the limit for safe discharge into the environment and more than 3000 times the limit safe for people to drink. One gas well can produce over a million gallons of contaminated water. A New York Times expose in 2011, released secret EPA documents that illustrated how this water is sometimes sent to sewage plants that are not designed to process the dangerous chemicals or radiation which in some instances are used in municipal drinking supplies or are released into rivers and streams that supply drinking water.

Emerging data points to a problem requiring more study. In the six counties in Texas which have seen the most concentrated gas drilling, breast cancer rates have risen, while over the same period the rates for this kind of cancer have declined elsewhere in the state. The average of the six counties' rates has risen from 58.7 cases per 100,000 people in 2005 to about 60.7 per 100,000 in 2008. Similarly, in western New York, where traditional gas drilling processes have been used for decades before hydrofracking came along, has been practiced for nearly two centuries, rural counties with historically intensive gas industry activity show consistently higher cancer death rates (PDF) than rural counties without drilling activity. For women, this includes breast, cervix, colon, endocrine glands, larynx, ovary, rectal, uterine, and other cancers.

Toxins linked to Spontaneous Abortion and Birth Defects
Certain compounds, such as toluene, that are released as gas at the wellhead and also found in water contaminated by fracking have the potential to harm pregnant women or women wishing to become pregnant. According to the U.S. EPA, studies have shown that toluene can cause an assortment of developmental disorders in children born to pregnant women that have been exposed to toulene. Pregnant women also carry an increase risk of spontaneous abortion from exposure to toluene. Wyoming, which contains some of the most active drilling fields in the country, failed to meet federal standards for air quality due to fumes containing toluene and benzene in 2009.

Sandra Steingraber, an acclaimed ecologist and author of "Raising Elijah" -- a book on how to raise a child in an age of environmental hazards, takes the strong stand that fracking violates a woman's reproductive rights. "If you want to plan a pregnancy and someone else's chemicals sabotage that -- it's a violation of your rights as a woman to have agency over your own reproductive destiny," she said.

Steingraber sees banning fracking as an issue that both the pro-choice and anti-abortion camps can rally behind. She has been giving talks on why opposition to fracking should be considered a feminist issue. The author won a Heinz award -- which recognizes individuals for their contributions in areas including the environment -- for her work on environmental toxins. She dedicated the $100,000 prize to the fight against fracking.

Crimes Against Women on the Rise in Some Energy Boom Towns
Beyond concerns about cancer and toxins are other societal ills related to fracking that disproportionately impact women. Some areas across the country where fracking has boomed have noted an increase in crime -- including domestic violence and sexual assault. In Dickinson, North Dakota, there has been at least a 300% increase in assault and sex crimes over the past year. The mayor has attributed the increase in crime to the oil and "natural" gas boom in their area.

The Executive Director of the Abuse & Rape Crisis Center in Bradford County, Pennsylvania, Amy Miller, confirmed that there has been an increase in unknown assailant rapes since the gas industry moved into the region -- which are much harder to prosecute. Miller also noted that domestic abuse has spiked locally, with the cases primarily from gas industry families. The county has more than 700 wells drilled, with more than 300 of these operational, and another 2,000 drilling permits have been issued.

The Gas Industry's Pink Rig
Even though fracking and drilling are dependent on a potpourri of carcinogenic chemicals, big energy companies don't hesitate to slap on pink paint in PR campaigns championing breast cancer awareness.

In 2009, a "natural" gas drilling rig in Colorado was painted pink with a percentage of the daily profits from the unit going to the Breast Cancer Foundation. This and other showy gestures by the shale gas and oil industry appear to do little to alleviate concerns about the impact that fracking chemicals and practices may be having on public health and safety.

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.

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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.