The Ultimate Price of PA State Forest Drilling

By Ted Auch, Matt Kelso, and Sam Rubright

PA DCNR recently released a draft State Forest Resource Management Plan. The draft plan, last revised in 2007, is an important tool that the Bureau of Forestry (BOF) uses to help manage Pennsylvania’s approximately 2.2 million acre state forest system. Approximately 1.5 million acres of state forest lands lie within the shale gas fairway and gas extraction – along with related issues like water resources –  is among the numerous subjects addressed in the document.

In total, approximately 673,000 acres are available for oil and gas development in PA state forests, either because private interests own the mineral rights below the land or because DCNR has opened up state-lands for drilling where it controls the mineral rights.

Approximately 386,000 acres have been leased by DCNR to allow drilling. DCNR’s shale gas monitoring report in 2014 said that only 16% of available state forest lands have been developed, which means that 84% (or 328,700 acres) could still be accessed for oil and gas through DCNR leases. Another 287,000 acres of state forest land sits atop private mineral rights. Mineral rights supersede – or overrule – those of the surface rights.

By some estimates, the projected “drillout” of state forest lands may include an additional 2,000 to 3,000 unconventional natural gas wells. There are concerns that the draft plan also does not adequately address the full scale and scope of such drilling and the serious impacts associated with it.

Derived from available data, FracTracker has prepared the following portrait of the projected impact to Pennsylvania’s state forest estate with emphasis on the resource-intensive nature of hydraulic fracturing and its extensive footprint on this sensitive landscape.


View or print static infographic

Get Involved

If you are concerned about these risks and potential development, DCNR is holding twelve meetings to gather public input on this draft plan until Nov 12th. Written comments can also be submitted through November 30 at StateForestPlan2015@pa.gov.

More background information about PA’s Draft 2015 State Forest Resource Management Plan


Extra Resources: Projected Build out Statistics

Land Use

Table 1. Projected land use needed to add 2,000 to 3,000 more wells on PA state forestlands

 Facility Type  Unit Projected Drilled Wells
2,000 3,000
Well Pads # 606 909
Acres 2,477 3,716
Limit Of Disturbance (LOD)* Acres 7,130 10,695
Gathering Lines Acres 20,189 30,284
Addtl. Mid/Down-stream Facilities Acres 2,847 4,271
Compressor Stations** # 126-210 189-316
Acres 2,978-4,976 4,466-7,464
ESTIMATED TOTAL Acres 36,621 54,931

*Limit of Disturbance includes infrastructure, mounded earth, etc. needed to access and service the well pads.
**1 compressor station is needed for every 25-30 miles of gathering lines, at 15-30 acres per station.

In Ohio, well pads average 4-5 acres, 3.4 laterals per well pad, and 8.5 acres of gathering line per acre of well pad. However, each pad has what we are calling a “Limit of Disturbance,” which includes infrastructure, mounded earth, etc. LOD likely represents a conservative estimate of miscellaneous land disturbance as it does not include the access roads; it was not possible with our current datasets to discern which roads were specifically added to access the well pads. LODs are averaging 10-14 acres.

Using the 2,000-3,000 wells proposed, the total acreage that could be disturbed by new well pads, well pad LODs, gathering lines, compressor stations, and related mid/downstream facilities in PA’s state forests would be between and 36,621 and 54,931 acres depending on the number and size of compressor stations (i.e., averaging 24 acres) (Table 1).

Water Use

Table 2. Projected resource use and waste produced per well based on OH, WV, and PA historical figures.

Variable Unit Avg Increase / Quarter
Water Needed Gallons 3.5 MGs

PA Stats

Gallons 4.4 MGs

OH Stats*

Gallons 6.2-7.0 MGs 405-410 K

WV Stats

Gallons 7.9 MGs 450 K
Drill Cuttings** Tons 1,050 4.96
OH Stats Tons 700+ (estimate) 4.7-5.2
PA Stats Tons 1,400
Landfill Waste (Drilling Muds) Tons / Facility 28,098 15,319
Silica Sand Tons 4,303 86
Injection Waste Gallons / Quarter 117 MGs 5.4 MGs

* 7-9% of injected fluids returns to the surface as fracking waste
** significantly dependent upon lateral length

A Fresh Look at Oil and Gas Drilling from Europe

By Ted Auch, Kyle Ferrar, and Samantha Rubright with Max Gruenig

Fourteen days is not nearly enough time to fully understand the complex differences between oil and gas drilling issues and policies in the United States and several European Union countries. The EU’s drilling policies, geography, and the industry’s level of activity are quite distinct from those of the States in some cases. Still, as part of the Our Energy Solutions project, four staff from FracTracker Alliance and Ecologic Institute attempted to understand and share as many lessons-learned in Europe as we could in the first two weeks of September. Our interest covered all aspects of oil and gas development, but focused on those relating to the use of stimulation techniques (hydraulic fracturing – fracking) in unconventional reservoirs. Even with significant differences between the US and EU, there is still much to be gleaned in sharing our regulatory approaches, community concerns, and environmental challenges.

“Chaos is merely order waiting to be deciphered” ― José Saramago, The Double 

London, England Meetings

The House of Commons meeting was held in Parliament, just below London's Big Ben

The House of Commons meeting was held in Parliament, just below London’s Big Ben. Photo by Sam Rubright

Our European tour started in London with Ecologic Institute’s Max Gruenig. The first stop was a meeting with University of Salford Professor of Regeneration and Sustainable Development Erik Bichard outside of The Palace of Westminster. Erik has worked extensively to understand and chronicle common threads that weave together community response(s) to hydraulic fracturing (fracking) proposals. Much of Erik’s research in the UK has focused on the efforts of the leading shale gas extraction company in the EU, Cuadrilla Resources, to employ hydraulic fracturing technologies, as well as local oppositions to this development. The major points of contention are in Lancashire County, Northwest England and Balcombe in West Sussex. Erik pointed to the fact that Cuadrilla admitted their claims that the 4% decline in UK energy cost was a result of Lancashire oil and gas exploitation were significantly overstated. Such manipulative statements appear to be cut directly from North American energy’s playbook.

House of Commons meeting, London

House of Commons meeting, London. Photo by Sam Rubright

We then attended a spirited Fracking with Nature Meeting at The House of Commons hosted by 21st Century Network and convened by MP Cat Smith (photo right). Many, if not all, of the attendees were concerned about the negative impacts of fracking and oil and gas development in general, but perhaps the event’s purpose self-selected for those attendees. We found the conversations to be very advanced considering that the UK has not seen nearly the same level of oil and gas activity as the US. Most questions centered on the potential for fracking to negatively impact ground water, followed by the induction of earthquakes. Air quality was not discussed as often, despite the serious risks that oil and gas air pollutants pose to health, and the frequency and severity of ambient degradation reported in the US. With the UK’s move to cut subsidies for renewables and a push toward fracking, these concerns may soon become a reality.

We later met with one of the speakers at the House of Commons meeting, Damien Short LLB, MA, PhD, Director of the University of London’s Human Rights Consortium[1] and the Extreme Energy Initiative.[2] NGO’s, we learned, are on the forefront of the issue, debating the need to prioritize community health over corporate profits. They have had quite a lot of success on this front, despite Tory projections.[3] The past state of UK politics under the direction of PM David Cameron, was supportive of extractive industries and corporate interests, blocking any attempt to introduce regulations. Even with the defeat of David Cameron’s administration, new “fast-tracking” rules to accelerate permits for fracking passed in August.[4] The overwhelming victory of democratic socialist Jeremy Corbyn as the leader of the opposition Labour Party – means that the tenure of the current fracking moratoria in North Yorkshire, as well as in Scotland, Wales, and Northern Ireland[5] could be brief.

Our time in London was filled with several other meetings, including one with Greenpeace UK’s new fracking coordinator, Hannah Martin. During our meeting she indicated that while Greenpeace was sympathetic to the views and tactics of Mr. Corbyn, they were concerned that his election would further divide Labour. In her opinion this change could allow the oil and gas sympathetic – and united – Tories to expedite their vision for fracking in the UK.

Regardless of the similarities between community concerns and industry tactics, however, one difference between the UK and US was crystal clear; no matter their view on the use of fracking, Brits support a substantial Petroleum Revenue Tax (PRT) rate to the tune of 50-60%. The PRT will fall to 35% in January, 2016, however. This latter figure is a sizeable decrease but would still be 40% higher than the average in the US.  California for example, the fourth largest producing state, does not and has never levied a severance tax.[6] Unfortunately, the UK is seeing similar conflict of interest issues and deliberate attempts to de-democratize the rule-making around fracking, as demonstrated in a recent move to prevent a proper parliamentary debate about drilling under protected areas in the UK.

Brussels, Belgium Workshop and Meeting

After the European Commission meeting

Geert, Max, Kyle, and Ted after our meeting with the European Commission in Brussels. Photo by Sam Rubright

The next phase of OES Europe took us to Brussels to host a community workshop and meet with members of the European Commission’s Directorate-General for Environment. Both events brought to light many concerns and questions about drilling’s safety.

The European Commission is currently drafting a best available techniques reference document (BREF) regarding hydrocarbon extraction for the European Union to consider in December 2015. The recommendations will build upon the “Minimum Principles,” published in January, 2014.[7] Representatives from the European Commission asked us about a variety of concerns that have arisen from drilling in the US, and how Europe might have similar or different experiences. The Commission was most interested in environmental health risks and research focused on exposure to air pollutants, as well as other degraded environmental media (drinking water, soil, etc.). We also shared figures about water consumption, land use, and waste management. It was immediately apparent that the lack of high quality publicly accessible data in the US is making it very difficult for the Commission to make well-informed decisions or policy recommendations. This meeting was arranged by Geert De Cock, of Food and Water Europe, and – interestingly – was one of the first times that the European Commission met with non-industry representatives. (Several major oil and gas players have offices near the European Commission’s in Brussels.)

Rotenburg (Wümme), Germany Workshop

Presentations during Rotenburg Germany workshop, Sept 2015. Photo by Kyle Ferrar

Max presenting during the Rotenburg Germany workshop, Sept 2015. Photo by Kyle Ferrar

Our next stop in Germany was Rotenburg. Lower Saxony also has a long lineage of drilling, with the first well drilled in 1953 and the majority of natural gas development dating back to the mid 1980’s. Currently, this is an area were unconventional oil and gas drilling (fracking) is being heavily proposed and lobbied.

This workshop was by far the most well attended event. A variety of groups and stakeholders, including the town’s mayor, were in attendance and extremely well informed about environmental and public health risks that drilling could pose. They’ve been dealing with a series of environmental health concerns for some time, including high mercury levels in drilling waste and cancer clusters of questionable origin. A systematic statistical analysis has even suggested that cases of Non-Hodgkin lymphoma are higher in an area heavy with oil and gas wells and development.

See maps below for more information about drilling in Germany and Europe at large.

Unconventional gas production, conventional gas drilling, fracking and test boring in Europe
Map by Gegen Gasbohren (Against Gas Drilling)

View Gegen Gasbohren’s map fullscreen

A dynamic map similar to the one above was created by us to show simply where unconventional drilling is occurring in the UK and Netherlands:
View FracTracker’s map fullscreen

Rotenburg Field Tour

The following morning we set out with a local advocate, Andreas Rathjens, to tour over eight different oil and gas drilling sites and facilities in and around Rotenburg. This area is vey rural and a major agriculture hub, hosting 162k people, 200k cows, and 600k pigs according to our guide.

In recent years Germany has received very positive scores for its environmental policies and shift toward renewables. However, this tour highlighted some of the country’s lingering and poorly-regulated drilling history, which experienced a sharp increase in development here in the 1980’s. The pictures below will give you an idea of the issues that German residents are is still seeing from the country’s older oil and gas drilling operations. Click to enlarge the photos:

Rotenburg, Germany surface water runoff pond on a gas well pad in production

This pit is used to capture rainwater and runoff from the well pad. Since runoff from the pad will carry with it any contaminants spilled on the site, runoff must be quarantined for removal and proper disposal. Unfortunately, these tanks are rarely pumped and drained, and the runoff instead spills into local streams in small watersheds. Such is the case with this tank, with the spillway visible in the lower left corner of the photo.

IMG_0063

This site was recently renovated to improve the drainage off of the wellpad. The drainage leads to an excavated waste pit used as an overflow catchment.[8] In these types of waste pits pollutants evaporate into the air and percolate into groundwater sources. The waste from drilling in this region is known for its high levels of mercury.

Andreas showing us the site where he says 80,000 metric tonnes of solid waste from oil and gas drilling was mixed with residential waste and then disposed of in a field on top of a hill. Residents have tested the site and found troubling levels of arsenic and radioactive elements, but to Andreas’ knowledge no governmental or company testing has been done to-date.

Andreas showing us the site where he says 80,000 metric tonnes of solid  drilling waste was mixed with residential waste and then disposed of in a field on a hilltop. Residents have tested the site and found troubling levels of arsenic and radioactive elements, but to Andreas’ knowledge no governmental or company testing has been done to-date.

Andreas and community members all conveyed their support of domestic energy production but said they were disappointed in how the oil and gas industry has conducted itself historically in the region. They are very frustrated with how difficult it is to get their concerns heard, a sentiment echoed in many boomtowns across the US. One local politician even discussed the intentionally misleading statements made by the German state governments around environmental health issues. These residents are dedicated and driven despite the barriers, however. They are investigating and studying the problems directly at times, as well as searching for other technologies that can help improve their methods – such as the use of drones to measure air quality.

Badbergen, Lower Saxony, Germany Workshop

Fracking-freies Artland hosted our next workshop in Badbergen Germany. In addition to our presentation about drilling experiences in the US, these community gatekeepers led a presentation summarizing the work and struggles that have been occurring in their region due to both historic and modern drilling. The level of community engagement and activism here was quite impressive, mirroring that of NY State’s anti-drilling groups. These members help to inform the rest of the community about environmental and drilling issues, as Exxon is now considering fracking here again.[9]

Schoonebeek Tour, Netherlands

Our final border crossing brought us to the Schoonebeek region in the Netherlands. While the Groningen gas field is by far the largest of the fields in this Western European country, Schoonebeek is the only active field being drilled unconventionally in the Netherlands.

OES-Europe-Home

Interestingly, the entire field was recently shut down by NAM Shell/Exxon JV to fix this wastewater pipeline. It was discovered that the pipeline was leaking wastewater in nine places due to corrosion caused by the high sulfur content of the wastewater.

Upon starting our tour we were informed of the fact that the Dutch have an even higher extraction tax than the UK! The Netherlands retains a 50% State Profit Share for revenue and taxes the remaining production at a rate of 20% on the first $225,000 in revenue and “25% on the excess.” In comparison, the highest production tax rate on oil and gas drilling in the US is in Alaska at 35%. Most states have significantly lower severance taxes.[10]

Political support for higher taxes on the extractives industry may be explained by the fact that the state owns all subsurface mineral rights in these European countries. Regardless of other influences on perception, such high taxes disproves the notion here in the US that energy companies “won’t do business in a state [or country] with a newly-enacted punitive severance tax.” What do the states do with this extra revenue? The Netherlands and many Northern European countries have invested these monies for the rainy day when the oil and gas supply is depleted or extraction is no longer justifiable. The best examples are Norway’s $850 billion Government Pension Fund and Netherland’s $440 billion pension fund or $169,000 and $26,000 per capita, respectively.

Additional support for severance taxes is likely due to these countries’ history with oil and gas exploration. They are familiar with the boom-bust cycles that come with the initial expectations and long-term reality on the ground. When the music stops, Europeans are determined not to be the ones left standing.


About the Our Energy Solutions Project

This trip to Europe and our previous expeditions to Florida, North Carolina, Argentina, and Uruguay are part of a larger, collaborative project with Ecologic Institute US called Our Energy Solutions. OES is creating an informed global community of engaged citizens, organizations, businesses, governments, and stakeholders to develop ideas and solutions to keep our society moving forward while preserving our planet for the future. Learn more at: ourenergysolutions.org.

On a more personal note, our sincerest thanks goes out to the many groups and individuals that we met on our Europe tour, including those we did not directly mention in this article. We are forever indebted to all of the people with whom we met on these OES trips for sharing their time and knowledge with us.

Endnotes and References

  1. Dr. Short is currently advising local anti-fracking groups in the UK and county councils on the human rights implications of unconventional (extreme) energy extraction processes such as fracking.
  2. Dr. Short and collaborators were recently granted an opportunity to put fracking on trial at hearings to be held by The Permanent Peoples’ Tribunal (PPT) in the UK and the US.
  3. Much of the ammunition used by the anti- or undecided fracking community in the UK – and the EU writ large – is coming from proofs of concept in states like Pennsylvania, Ohio, New York, and North Dakota.
  4. Gosden, Emily. 8/13/15. Fracking: new powers for ministers to bypass local councils. The Telegraph. Accessed 10/25/15.
  5. Strachan, Peter. Russell, Alex. Gordon, Robert. 10/15/15. UK government’s delusional energy policy and implications for Scotland. OilVoice. Accessed 10/25/15.
  6. California, instead, imposes a statewide assessment fee.
  7. European Commission. 1/22/14. Fracking: minimum principles for the exploration and production of hydrocarbons using high-volume hydraulic fracturing. Eur-Lex. Accessed 10/26/15.
  8. A practice that is supposedly now being investigated for soil contamination issues.
  9. Exxon originally wrote in the local/regional paper that there was to be no unconventional shale drilling (fracking), but now the company is reconsidering.
  10. Please note that the cited article was last updated in 2012. Some tax rates have changed since the time that the article was published, but the table still adequately represents an estimation of production taxes by state.

Maps of Updated Central Penn Pipeline Emphasize Threats to Residents and Environment

By Sierra Shamer, Guest Author

The Atlantic Sunrise Project or Central Penn Line is a natural gas pipeline Williams Companies has proposed for construction through eight counties of Central Pennsylvania. Williams intends to connect the Atlantic Sunrise to their two Transco pipelines, which extend from the northeast to the Gulf of Mexico. FracTracker discussed and mapped this controversial project as part of a blog entry in June of 2014; since then, the Atlantic Sunrise Project has been, and continues to be, a focus of unprecedented opposition. While supporters of the pipeline stress how it may enhance energy independence, economic growth, and job opportunities, opponents cite Williams’ poor safety records, their threats of eminent domain, and environmental hazards. This article provides details and maps pertaining to these threats and concerns.

Atlantic Sunrise: Project Overview

The Atlantic Sunrise Project would add 183 miles of new pipeline through the construction of the Central Penn Line North and the Central Penn Line South. The proposed Central Penn Line North (CPLN) begins in Susquehanna County, continues through Wyoming and Luzerne counties, and meets with the Transco Pipeline in Columbia County. With a 30 inch in diameter, it would allow for a maximum pressure of 1,480 psi (pounds per square inch). The proposed Central Penn Line South (CPLS) begins at the Transco Pipeline in Columbia County, and continues through Northumberland, Schuylkill, and Lebanon counties, ending in Lancaster. It would be 42 inches in diameter with a maximum pressure of 1,480 psi. The Atlantic Sunrise project also involves the construction of two new compressor stations, one in Clinton Township, Wyoming County, and the other in Orange Township, Columbia County. Finally, to accommodate the daily 1.7 million dekatherms (1 dekatherm equals 1,000 cubic feet of gas or slightly more than 1 million BTUs in energy) of additional natural gas that would flow through the system, the project proposes the expansion of 10 existing compressor stations along the Transco Pipeline in Pennsylvania, Maryland, Virginia, and North Carolina. Although the Atlantic Sunrise Pipeline would be entirely within Pennsylvania, it is permitted and regulated by the Federal Energy Regulatory Committee (FERC) because through its connection to the Transco Pipeline, it transports natural gas over state lines.

Updated Central Penn Pipeline Route

On March 31, 2015, Williams filed their formal application to FERC docket #CP15-138. Along with the formal application came changes to the pre-filing route of the pipeline that was submitted in the spring of 2014. The route of the Central Penn Line North has been modified since then by 21%, while the Central Penn Line South has been rerouted by 57%.

Williams’ application comprised of hundreds of attached documents, including pipeline alignment sheets for the entire route. Here is one example: 

alignment_sheet_example

These alignment sheets show the extent of William’s biological investigation, the limits of disturbance, the occurrence of stream and wetland crossings, and any road or foreign pipeline crossings. Absent from the alignment sheets, however, is the area around the right-of-way that will be endangered by the presence of the pipeline. This is colloquially known as the “burn zone” or “hazard zone”.

What are “Hazard Zones”?

A natural gas pipeline moves flammable gas under extreme pressure, creating a risk of pipeline rupture and potential explosion. The “potential impact radius” or “hazard zone” is the approximate area within which there will be immediate damage in the case of an explosion. Should this occur, everything within the hazard zone would be incinerated and there would be virtually no chance of escape or survival. Based on pipeline diameter and pressure, the hazard zone can be calculated using the formula: potential impact radius = 0.69 * pipeline diameter * (√max pressure ).

Based on this formula, the hazard zone for the Central Penn Line North, with its diameter of 30 inches and maximum pressure of 1,480 psi, is approximately 796 feet (243 meters) on either side of the pipeline. The hazard zone for Central Penn Line South, with its diameter of 42 inches and maximum pressure of 1480 psi, is 1,115 feet (340 meters) on either side.

Many residents are unaware that their homes, workplaces, and schools are located within the hazard zone of the proposed Atlantic Sunrise Pipeline. Williams does not inform the public about this risk, primarily communicating with landowners along the right-of-way. The interactive, zoomable map (below) of the currently proposed route of the Atlantic Sunrise, Central Penn North and South pipelines depicts the pipeline right-of-way, as well as the hazard zones. The pipeline route was digitized using the alignments sheets included in Williams’ documents submitted to FERC. You can use this map to search home, work, and school addresses to see how the pipeline will affect residents’ lives and the lives of their communities.

Click in the upper right-hand corner of the map to expand to full-screen view, with a map legend.

Affected Communities

Landowners & Eminent Domain

Landowners along the right-of-way are among the most directly and most negatively impacted by the Atlantic Sunrise Pipeline, and other similar projects. Typically, people first become aware that a pipeline is intended to pass through their property when they receive a notice in the mail. Landowners faced with this news are on their own to negotiate with the company, navigate the FERC permitting and public comment process, and access unbiased and pertinent information. They face on-going stress, experiencing pressure from Williams to sign easement agreements, concern about the effects of construction on their property, and fear of living near explosive infrastructure. They must also consider costs of legal representation, decreases in property value, and limited options for mortgage and refinancing.

Sometimes, landowners in a pipeline’s right-of-way choose to not allow the company onto their property to conduct a survey. Landowners may also refuse to negotiate an agreement with the pipeline company. In response, the pipeline company can threaten to seize the property through the power of eminent domain, the federal power allowing private property to be taken if it is for the “public use.”

The law of eminent domain states that landowners whose properties are condemned must be fairly compensated for their loss. However, most landowners feel that in order to be fairly compensated by the company, they must hire their own land appraiser and attorney. This decision can be costly, however, and may not be an option for many people. The legitimacy of Williams’ intent to use eminent domain is contested by opponents of the project, who cite how “public use” of the property provides no positive local impacts. The Atlantic Sunrise Pipeline is intended to transport gas out of Pennsylvania through the Transco, so the landowners in its path will not benefit from it at all. Further, it connects to a network of pipelines leading to current export terminals in the Gulf of Mexico, as well as controversial planned export facilities like Cove Point, MD .

Throughout Pennsylvania, communities have responded to the expansion of pipelines, and to the threats of large companies like Williams. The need for landowner support has been addressed by organizations such as the Shalefield Organizing Committee, Energy Justice Network, the Clean Air Council, the Gas Drilling Awareness Coalition, and We Are Lancaster County. These organizations have worked to provide information, increase public awareness, engage with FERC, and develop resistance to the exploitation of Pennsylvania’s resources and residents. Director Scott Cannon of the Gas Drilling Awareness Coalition has documented firsthand the impacts of unconventional drilling in Pennsylvania through a short film series called the Marcellus Shale Reality Tour. The most recent in the series relates the stories of two landowners impacted by the Atlantic Sunrise Pipeline in the short film Atlantic Sunrise Surprise.

Environmental Review

Theoretically, environmental review of this proposed pipeline would be extensive. Primary decision-making on the future of the Atlantic Sunrise rests with FERC. Due to the National Environmental Policy Act of 1969 (NEPA), all projects overseen by federal agencies are required to prepare environmental assessments (EAs) or environmental impact assessments (EIAs). Because FERC regulates interstate pipelines, EA’s or EIA’s are required in their approval process. These assessments are conducted to accurately assess the environmental impacts of projects and to ensure that the proposals comply with federal environmental laws such as the Endangered Species Act, and the Clean Air and Water Acts. On the state level, the Pennsylvania Department of Environmental Protection (PA DEP) issues permits for wetlands and waterways crossings and for compressor stations on regional basis.

Core Habitats, Supporting Landscapes

The route of the Atlantic Sunrise Pipeline will disturb numerous areas of ecological importance, including many documented in the County Natural Heritage Inventory (CNHI). The PA Department of Conservation and Natural Resources conducted the inventory to be used as a planning, economic, and infrastructural development tool, intending to avoid the destruction of habitats and species of concern. The following four maps show the CNHI landscapes affected by the current route of the Atlantic Sunrise pipeline (Figures 1-4).

Figure 1

Figure 1. Columbia & Northumberland counties

Figure 3. Lebanon County

Figure 2. Lebanon & Lancaster counties

Figure 3. ddd

Figure 3. Threatened Core Habitats

Figure 4. Schuyklill

Figure 4. Schuyklill & Lebanon counties

The proposed pipeline would disrupt core habitats, supporting landscapes, and provisional species-of-concern sites. According to the Natural Heritage Inventory report, core habitats “contain plant or animal species of state or federal concern, exemplary natural communities, or exceptional native diversity.” The inventory notes that the species in these habitats will be significantly impacted by disturbance activities. Supporting landscapes are defined as areas that “maintain vital ecological processes or habitat for sensitive natural features.” Finally, the provisional species of concern sites are regions where species have been identified outside of core habitat and are in the process of being evaluated. The Atlantic Sunrise intersects 16 core habitats, 12 supporting landscapes, and 6 provisional sites.

Active Mine Fires

Map5-GlenBurn

Figure 5. Glen Burn Mine Fires

The current route of the Atlantic Sunrise intersects the Cameron/Glen Burn Colliery, considered to be the largest man-made mountain in the world and composed entirely of waste coal. This site also includes a network of abandoned mines, three of which are actively burning (Figure 5).

The pipeline right-of-way is roughly a half-mile from the closest burning mine, Hickory Swamp. These mine fire data were sourced from a 1988 report by GAI Consulting Inc. The time frame for the spread of the mine fires is unknown, and dependent on environmental factors. Mine subsidence — when voids in the earth created by mines cause the surface of the earth to collapse — is another issue of concern. Routing the pipeline through this unstable area adds to the risk of constructing the pipeline through the Glen Burn region.

Looking Ahead

The Atlantic Sunrise Project has received an unprecedented level of resistance that continues to grow as awareness and information about the threats and hazards develops. While Williams, FERC, and the PA DEP negotiate applications and permits, work is also being done by many non-profit, research, and grassroots organizations to investigate the environmental, cultural, and social costs of this pipeline. We will follow up with more information about this project as it becomes available.


This article was written by Sierra Shamer, an environmental mapper and activist. Sierra is a member of the Shalefield Organizing Committee and holds two degrees from the University of Maryland, Baltimore County: a B.A. in environmental studies and an M.S. in geography and environmental systems.

Responses to the Rash of Oil Train Incidents

By Kyle Ferrar and Samantha Malone

Throughout the U.S. more crude was spilled from rail incidents in 2013 than the prior four decades combined. Recently, in a period of three weeks, there were four* derailments of crude oil trains carrying Bakken and other Canadian crudes resulting in fire and explosions, with multiple cars rupturing and set ablaze.1 One of the most recent incidents occurred on March 5th in Galena, Illinois, just north of Chicago (video below). The fires resulting from crude derailments blaze so hot that emergency responders and firefighters are not able to get close enough to extinguish them.  The only option is to let the fire burn out. This process can take days, during which local communities are subject to impaired air quality if not evacuated.2

*This number was revised 4/19/15.

Here we explore how regulators are responding to this public health risk and the new rules being put in place.

Oil Train Incidents Prior to August 2014


Derailments and accidents that occurred prior to August 1, 2014. Click here to view map fullscreen3

Regulatory Responses

Local Bakken Oil and Oil Train Resolutions

In response to these incidents and concerns, at least 50 cities and counties around the country have enacted or proposed resolutions regarding oil trains and Bakken oil. Some of these resolutions ask for direct action while others simply express concern publicly about the risks that the transportation of volatile crude oil by rail poses within their communities.

Resolutions Passed By Local Jurisdictions in California

While we have not collected all of these repossess, a good sample is shown below by state:

STATE TYPE
California
Berkeley, CA Resolution no. 66516
California State Senate Safety provisions in budget
Davis, CA Resolution
Martinez, CA Resolution No. 106-14
Moorpark, CA Letter
Oakland, CA Resolution no. 85054
Richmond, CA Resolution no. 26-14
Sacramento Area Council of Governments Letter
San Jose, CA Letter
San Luis Obispo, CA Letter
Santa Cruz County, CA Letter
Simi Valley, CA Letter
Illinois
Barrington/Chicago, IL Commission letter to President Obama
New York
Clinton County, NY Proposed taskforce
Hyde Park, NY Resolution no. 9:8 – 2 OF 2014
Newburg, NY Resolution no. 230-2014
New York State NY Governor letter to President Obama
Philipstown, NY Resolution
Rockland County, NY Meeting plus resolution
Oregon
Hood River, OR Resolution 2014-22
Columbia River Gorge Commission, OR/WA Resolution
Pennsylvania
Harrisburg, PA Proposed
Philadelphia, PA Resolution no. 150129-A01
Washington
Aberdeen, WA Resolution no. 2014
Anacortes, WA Resolution no. 1889
Auburn, WA Resolution no. 5050
Bainbridge Island, WA Resolution no. 2014 – 18
Bellingham, WA Resolution no. 2014-03
Chehalis, WA Resolution
Columbia River Gorge Commission, OR/WA Resolution
Edmonds, WA Resolutions no. 1317 & no. 1280
Elma, WA Resolution
Hoquiam, WA Resolution no. 2014-10
Kent, WA Proposed resolution
King County, WA Resolution 2014-0164
Montesano, WA Resolution
Mount Vernon, WA Resolution no. 879
Mukilteo, WA Resolution no. 2014-12
Ocean Shores, WA Resolution no. 727
Olympia, WA Resolution no. M-1812
Port of Olympia, WA Resolution no. 2014-07
Quinault Indian Nation Issued opinion
Seattle, WA Resolution no. 31504
Safe Energy Leadership Alliance SELA letter to DOT and WA Governor
Spokane, WA Resolution
Stevenson, WA Resolution no. 2014-279
Vancouver, WA Policy resolution 5b
Washington State Council of Firefighters Resolution no. 14-33
Washougal, WA Resolution no. 1048
Whatcom County, WA Resolution no. 2014-001

If any of the PDF’s linked to above do not load, refresh your browser.

Thank you to the many groups and individuals who have helped to compile this list above, such as Audubon Washington and Forest Ethics.

If you would like to recommend additions to this oil trains local actions list, please do so using the comment form at the bottom of this page.

Federal and National Responses

In an official request, the federal Department of Transportation ordered rail companies to provide the shipping details only to state emergency response officials. Due to the health and safety implications of crude by rail, groups like Earth Justice say the public has the right to know what is going through their backyards.4 The National Transportation Safety Board (NTSB) and a working group for the state of New York both found numerous deficiencies in the regulation of rail safety. The Working Group found that there are serious risks throughout the state from oil by rail in addition to significant gaps in local emergency response capabilities.5, 6

To reduce the actual intensity of these incidents, federal regulations establishing “vapor-pressure cap” rules go into effect this April. This specific regulation puts a limit on the amount of explosive gas allowed in the tanker cars. Crudes with greater amounts of short chain hydrocarbons are more volatile (lighter) and therefore more explosive. Bakken crude is considered “light” and “sweet” (more volatile short chain hydrocarbons) and therefore is more flammable/explosive than other crudes.7 Oil producers will have to measure the actual vapor pressure of the crude. The current practice is to calculate the vapor pressure using standards that are not specific enough for the lighter Bakken crude. Measuring the vapor pressure of each tank using an established protocol (i.e. regulatory standards) is therefore necessary to ensure an accurate knowledge of vapor pressure.8

The new standards for North Dakota crude will require operators to filter the crude in order to bring the vapor pressure down to 13.7 psi, a level comparable to the 13.5 psi standard for most automobile gasoline. The North Dakota Petroleum Council criticized the regulations, saying the explosive components of the Bakken crude are what give it such high value. NDPC also criticized the standards for temperature and pressure as being unnecessary.9 The recent West Virginia train that derailed and exploded would have violated this rule according to the testing conducted in North Dakota before departure. Crude involved in the Lac-Mégantic disaster was far below this standard, with an estimated vapor pressure of 9.3.10

Canadian Pacific Railway, the second largest rail company in Canada, wants the authority to refuse to haul crude oil and other hazardous materials due to liability concerns. This change would require an overhaul of the Canada Transportation Act that requires railways to haul any and all legal goods in rail cars that meet safety standards. The Board of Directors asked, “‘What kind of exposure do we have and what kind of exposure are we [exposing] the public to by hauling some of these commodities?” The U.S. railway BNSF, owned by Warren Buffet’s Berkshire Hathaway, has also protested against a similar U.S. federal regulation.11

Are the recent regulations enough?

The most destructive incident to-date was the Lac-Mégantic, Quebec derailment that killed 47 people on July 6, 2013. Following the Lac-Mégantic explosion, U.S. regulators issued an emergency directive that trains carrying hazardous materials could no longer be left unattended with the engines running unless they first received approval from the Federal Railroad Administration (FRA). The actual implementation of the rule only requires the railroad operators to prepare a plan for such activity and have it on file. There is no requirement for approval from the FRA.3

Other more substantive regulations are slowly coming into effect; for example, by 2017 the weaker DOT-111 oil tanker cars will be retired and all crude will be transported in safer Model CPC-1232 tank cars. Of note, however, is the fact that all five of these recent incidents have involved the safer, reinforced Model 1232 tank cars. A video of the recent derailment outside of Chicago can be seen below.


Galena, Illinois oil train derails with safer model CP-1232 tank cars that had been retrofitted with protective shields.

Data Transparency and Information

Not much detailed information is known publicly about the amount of crude being shipped by railway, the source of the crude, or which routes will be used, but research by the FracTracker Alliance has identified the expansion of crude shipments in communities throughout New York State. In the City of Buffalo, 33% of residents live within the ½ mile blast zone of a railway with crude oil tanker shipments, for example.12 Additional work by groups such as ours and Oil Change International has identified gaps in oversight that may not be possible for state or federal regulations to address. Because the nature of shipping by rail involves long distances and periods of time with infrequent cargo checks, any type of oil spill that goes immediately unnoticed may make it impossible to issue an effective response. Such is the case of a spill in Washington State, shown in the map below.12

In order to preserve the confidentiality of this information, the BNSF and other rail carriers have claimed trade secret exemptions to keep the information and data from being released to the public. The U.S. Department of Transportation has found the oil shipments by rail to “constitute an imminent hazard” and has required that carriers notify the State Emergency Response Commission (SERC) in each state that it operates trains transporting 1,000,000 gallons (23,809.5 barrels) or more of Bakken crude. This information has not been released to the public due to security concerns, however.13

References

  1. Wikipedia. List of Rail Accidents. (http://en.wikipedia.org/wiki/List_of_rail_accidents_%282010%E2%80%93present%29#2015). Accessed 4/19/15.
  2. Stern, Marcus; Jones, Sebastian. U.S. Crackdown on Oil Trains – Less Than Meets the Eye. 12/8/2014. Inside Climate News. Accessed 3/10/15.
  3. Kelso, Matt. 2014. North American Petroleum Transportation by Rail. FracTracker Alliance. Accessed 3/10/15.
  4. Bizjak, Tony. Tate, Curtis. 10/7/2014. Details about Crude Oil Rail Shipments Shrouded in secrecy. The Sacramento Bee. Accessed 3/10/15.
  5. 1/23/14. Safety Recommendation R-14-1. Accessed 3/5/15.
  6. State of New York. 4/30/14. Transporting Crude Oil in New York State: A Review of Incident Prevention and Response Capacity. Accessed 3/10/15.
  7. Pipeline and Hazardous Materials Safety Administration. 2014. Operation Safe Delivery Update. U.S. Department of Transportation. Accessed 3/12/15.
  8. Pichler, Hannes, and Josef Lutz. 2014. Why Crude Oil Vapor Pressure Should Be Tested Prior to Rail Transport. Advances in Petroleum Exploration and Development2.
  9. Scheyder, Ernest. 12/9/2014. North Dakota to require every barrel of crude oil be filtered. Reuters. Accessed 3/10/15.
  10. Gold, Russel. 3/2/15. Crude on Derailed Train Contained High Levels of Gas. Wall Street Journal. Accessed 3/10/15.
  11. Eric Atkins. 3/4/2015. Canadian Pacific wants to limit shipments of dangerous goods. The Globe and Mail. Accessed 3/12/15.
  12. Kelso, Matt. 1/29/15. Regulatory Gaps for Train Spills?. FracTracker Alliance. Accessed 3/14/15.
  13. S. DOT. 5/7/2014. Emergency Order. Docket No. DOT-OST-2014-0067. Accessed 3/10/15

Regulatory Gaps for Train Spills?

By Matt Kelso, Manager of Data & Technology

On January 26, 2015, the Columbian, a paper in Southwestern Washington state, reported that an oil tanker spilled over 1,600 gallons of Bakken Crude in early November 2014.  The train spill was never cleaned up, because frankly, nobody knows where the spill occurred. This issue highlights weaknesses in the incident reporting protocol for trains, which appears to be less stringent than other modes of transporting crude.

Possible Train Spill Routes


To follow the most likely train route for this incident, start at the yellow flag, then follow the line west. The route forks at Spokane – the northernmost route would be the most efficient. View full screen map

While there is not a good place for an oil spill of this size, some places are worse than others – and some of the locations along this train route are pretty bad.  For example, the train passes through the southern edge of Glacier National Park in Montana, the scenic Columbia River, and the Spokane and Seattle metropolitan areas.

Significant Reporting Delay

The Columbian article mentions that railroads are required to report spills of hazardous materials in Washington State within 30 minutes of spills being noticed. In this case, however, the spill was apparently not noticed until the tanker car in question was no longer in BNSF custody. Therefore, relevant state and federal regulatory agencies were never made aware of the incident.

Both state and federal officials are now investigating, and we will follow up this post with more details when they are made available.

New York State Will Not Permit Fracking

On December 17, 2014 Governor Cuomo, as well as DEC and DOH Commissioners, said no to fracking in the state of New York.

By Karen Edelstein, NY Program Coordinator, FracTracker Alliance

On Wednesday, December 17, 2014, at an end-of-the-year televised Cabinet Meeting in Albany, New York State Governor Andrew Cuomo, Health Commissioner Howard A. Zucker, and Department of Environmental Conservation Commissioner Joe Martens informed New Yorkers about their decision not to allow high volume hydraulic fracturing in New York State “at this time.

Governor Cuomo instructed Commissioner Martens to complete the Supplemental Generic Environmental Impact Statement (SGEIS) in early 2015, and after additional public comment, the law should go into effect. The New York State Health Commissioner’s report “A Public Health Review of High Volume Hydraulic Fracturing for Shale Gas Development” can be found here.

Watch the history-making statements from Cuomo, Martens, and Zucker in the video below. Cuomo’s comments start 15 seconds into the clip. At about 57:00, hear how FracTracker’s map of bans and moratoria in NY State played a part in cementing Marten’s decision.

Disproportionate Drilling and Stimulations in California

New Report from FracTracker and the Natural Resources Defense Council
By Kyle Ferrar, CA Program Coordinator, FracTracker Alliance

The FracTracker Alliance recently contributed to a report released by the Natural Resources Defense Council (NRDC), titled Drilling in California: Who’s at Risk?. In the report, we find that many communities disproportionally burdened by environmental and public health degradation also live in the areas most impacted by oil and gas (O&G) development, including hydraulic fracturing and acidizing. Additionally, the communities most impacted by such oil and gas activity are disproportionately non-white. Key points of the report are listed below, as outlined by the NRDC:

Key Points of “Drilling in California” Report

  • Expanding oil production in California, in areas already heavily drilled or in new areas, can threaten the health of communities.
  • New analysis shows that, already, approximately 5.4 million Californians live within a mile of one, or more, of the more than 84,000 existing oil and gas wells.
  • More than a third of the communities living with oil and gas wells are also burdened with the worst environmental pollution, as measured by CalEPA’s CalEnviroScreen 2.0. These communities, with heightened risks, are 92 percent people of color.
  • To prevent further environmental damage and public health threats, major improvements are required before hydraulic fracturing, acidizing, and other stimulation techniques are allowed to continue in California.

Read more>

The Analysis

The analysis used the California Environmental Protection Agency (CalEPA) Office of Health Hazard and Assessment’s (OEHHA) impact screening tool CalEnviroScreen 2.0, which ranks all the census tracts in CA based on various indicators of environmental and public health degradation due to pollution sources. Stimulated and non-stimulated O&G well-site data came from multiple sources including the Division of Oil, Gas and Geothermal Resources; the South Coast Air Quality Management District; and FracFocus.

Visualizing the Data

The interactive web map below (Figure 1) provides a visual understanding of how these areas may be additionally burdened by California’s industrial oil and gas extraction activities. The CalEnviroscreen 2.0 dataset of census tract scores was mapped spatially to show the areas in CA disproportionately burdened by existing environmental stressors and health impacts. The locations of CA’s O&G production wells were overlaid on these maps since the CalEnviroscreen ranks did not specifically take into account the role of O&G extraction activity in communities. The top 20th percentile of total scores are shown in the map’s default view, and more CalEnviroscreen scores are displayable under the “Layers” tab (top right).


Figure 1. The top 20th percentile of highest CalEnviroscreen 2.0 total scores are shown in the map above along with well counts by census tract.  Increasing well counts are portrayed with orange circles that increase in size with the number of wells. Click here to explore.

Figures 2-7 below are provide printable examples of several of CalEnviroscreen’s 2.0’s most important rankings when considering O&G extraction activity.

Figure 2. CalEnviroscreen 2.0 highest 20th percentile of census tracts with the most pollution burden from various sources. The census tract scores are overlaid with active oil and gas wells.

Figure 2. CalEnviroscreen 2.0 highest 20th percentile of census tracts with the most pollution burden from various sources in all of California. The census tract scores are overlaid with active oil and gas (O&G) wells.

Figure 3. Focuses on the Greater Los Angeles Basin, and shows the CalEnviroscreen 2.0 highest 20th percentile of census tracts with the most pollution burden from various sources.  The census tract scores are overlaid with active oil and gas wells. The map shows that many of the areas most impacted by existing pollution also host much of the oil and gas extraction activity.

Figure 3. Focus on the Greater Los Angeles Basin. Shows the CalEnviroscreen 2.0 highest 20th percentile of census tracts with the most pollution burden from various sources. Census tract scores are overlaid with active O&G wells. Many of the areas most impacted by existing pollution also host much of the O&G extraction activity.

Figure 4. Focus on Los Angeles County, with some of the highest ranking scores for Ozone pollution.  As shown in the map, these areas also host and are surrounded by many oil/gas wells.

Figure 4. Focus on Los Angeles County, with some of the highest ranking scores for Ozone pollution. These areas also host and are surrounded by many oil/gas wells.

Figure 5. Focus on the Greater Los Angeles Basin. Shows the CalEnviroscreen 2.0 highest 20th percentile of census tracts with the worst air quality impacts resulting from particulate matter (PM2.5) pollution.  The census tract scores are overlaid with active oil and gas wells.  The map shows that many of the areas most impacted by PM2.5 also host much of the oil and gas extraction activity.

Figure 5. Focus on the Greater Los Angeles Basin. Shows the CalEnviroscreen 2.0 highest 20th percentile of census tracts with the worst air quality impacts resulting from particulate matter (PM2.5) pollution. Census tract scores are overlaid with active O&G wells. Many of the areas most impacted by PM2.5 also host much of the O&G extraction activity.

Figure 6. Focus on Kern County in the Central San Joaquin Valley. Shows the CalEnviroscreen 2.0 highest 20th percentile of census tracts with the worst air quality impacts resulting from particulate matter (PM2.5) pollution.  The census tract scores are overlaid with active oil and gas wells.  The map shows that many of the areas most impacted by PM2.5 also host much of the oil and gas extraction activity.

Figure 6. Focus on Kern County in the Central San Joaquin Valley. Shows the CalEnviroscreen 2.0 highest 20th percentile of census tracts with the worst air quality impacts resulting from particulate matter (PM2.5) pollution. Census tract scores are overlaid with active oil and gas wells. Many of the areas most impacted by PM2.5 also host much of the O&G extraction activity.

Figure 7. Focuses on the areas of Kern County with the CalEnviroscreen 2.0 highest 20th percentile of census tracts with the worst air quality impacts resulting from ambient ozone pollution. Census tract scores are overlaid with active oil and gas wells.  The map shows that many of the areas most impacted by ozone also host much of the oil and gas extraction activity.

Figure 7. Focuses on the areas of Kern County with the CalEnviroscreen 2.0 highest 20th percentile of census tracts with the worst air quality impacts resulting from ambient ozone pollution. Census tract scores are overlaid with active oil and gas wells. Many of the areas most impacted by ozone also host much of the O&G extraction activity.

Politics and Campaign Financing

O&G Politics & Campaign Financing

By Ted Auch, OH Program Coordinator, FracTracker Alliance

Anyone who has been paying attention to the domestic shale gas conversation knows the issue is fraught with controversy and political leanings. The debate is made only more complicated by the extensive lobbying to promote drilling and related activities. It would be nice to look at shale gas through a purely analytical lens, but it is impossible to decouple the role of politicians and those that fund their campaigns from the myriad socioeconomic, health, and environmental costs/benefits.

As such, this article covers two issues:

  1. Who Gets Funded: the distribution of oil and gas (O&G) funds across the two primary parties in the US, as well as the limited funds awarded to third parties, and
  2. Funding Allocation to a Specialized Committee: industry financing to the Committee on Science, Space and Technology1 the primary house committee responsible for:

…all matters relating to energy research, development, and demonstration projects therefor; commercial application of energy technology; Department of Energy research, development, and demonstration programs; Department of Energy laboratories; Department of Energy science activities; energy supply activities; nuclear, solar, and renewable energy, and other advanced energy technologies; uranium supply and enrichment, and Department of Energy waste management; fossil energy research and development; clean coal technology; energy conservation research and development, including building performance, alternate fuels, distributed power systems, and industrial process improvements; pipeline research, development, and demonstration projects; energy standards; other appropriate matters as referred by the Chairman; and relevant oversight.

Politics and Campaign Financing

Fig. 1. Relevant Oil & Gas PACs, Institutes, and Think Tanks – as well as Koch Industries and subsidiaries offices (Orange). Click to explore

1. Letting the Numbers Speak

“When somebody says it’s not about the money, it’s about the money.”

The above quote has been attributed to a variety of sources from sports figures to economists, but nowhere is it more relevant than the politics of shale gas. The figures below present campaign financing from O&G industry to the men and women that represent us in Washington, DC.

Data Analysis Process

To follow the shale money path, FracTracker has analyzed data from the: a) total contributions and b) average per representative across Democrats and Republicans. Our Third Party analysis included five Independents in the Senate as well as one Green, one Unaffiliated, one Libertarian, and two Independents in the House.

Results

Annual Senate compensation relative to average US Income Per Capita

Fig. 3. US Senate Salary (Late 18th Century to 2014) & Average American Salary (1967-2013).

There are sizable inter-party differences across both branches of congress (See Figures 2a-b). In total, Democratic and Republican senators have received $18.1 and $48.6 million from the O&G industry since data collection began in 1990. Meanwhile, Third Party senators have received a total of $385,632 in O&G campaign finance. It stands to reason that the US House would receive more money in total than the senate, given that it contains 435 representatives to the Senate’s 100, and this is indeed the case; Democratic members of the House received $28.9 million to date vs. $104.9 million allocated to the House’ GOP members – or a 3.6 fold difference. Third Party members of the House have received the smallest allotment of O&G political largesse, coming in at $197,145 in total.

To put this into perspective, your average Democratic and Republican senator has seen the gap increase between his/her salary and the average American from $27,536 in 1967 to $145,171 in 2013 (Figure 3).

These same individuals have also seen their political war chests expand on average by $151,043 and $412,007, respectively. Third Party senators have seen their campaign funds swell by an average of $64,272 since 1990. Meanwhile, the U.S. Capitol’s Democratic and GOP south wing residents have seen their O&G campaign contributions increase by an average of $50,836 and $188,529, respectively, with even Third Partiers seeing a $38,429 spike in O&G generosity.

Figure 2a

Figure 2a. Total funding received by both branches of the US legislative branch

Average funding received by oil and gas industry

Figure 2b. Average funding received by oil and gas industry

Location is a better predictor of whether a politician supports the O&G industry than his/her political affiliation. At the top of the O&G campaign financing league tables are extraction-intensive states such as Texas, Oklahoma, North Dakota, Alaska, California, and Louisiana. (See Figures 4a-h at the bottom of this article for Average Oil & Gas Contributions to US House Representatives and Senators across the US.)

2. Committee on Science, Space and Technology

The second portion of this post covers influences related to the Committee on Science, Space and Technology (CSST). There is no more powerful group in this country when it comes O&G policy construction and stewardship than CSST. The committee is currently made up of 22 Republicans and 18 Democrats from 21 states. Thirty-five percent of the committee hails from either California (6) or Texas (8), with Florida and Illinois each contributing three representatives to the committee. Almost all (94%) of the O&G campaign finance allocated to CSST has gone to its sitting GOP membership.

The top three recipients of O&G generosity are all from Texas, receiving 3.2-3.5 times more money than their party averages – totaling $1.93 million or 37% of the total committee O&G financial support. The next four most beholden members of the committee are Frank Lucas and Michael McCaul (TX, $904,709 combined), Cynthia Marie Lummis (WY, $400,400), and Kevin Cramer (ND, $343,000). The average Democratic member of the CSST committee has received 12.8 times less in O&G funding relative to their GOP counterparts; Dallas-Fort Worth Metroplex representatives Marc Veasey and Eddie Bernice Johnson collected a combined $130,350 from industry. Interestingly a member of political royalty, Joe Kennedy III, has collected nearly $50K from the O&G industry, which corresponds to the average for his House Democrat colleagues.

See Figures 5-6 for totals and percentage of party averages of O&G campaign funds contributed to current member of the US House CSST.

Total Oil & Gas campaign funds contributed to current member of the US House Committee on Science, Space and Technology.

Figure 5. Totals

Total Oil & Gas campaign funds contributed to current member of the US House Committee on Science, Space and Technology as percentage of party averages.

Figure 6. Percentage of party averages

 “Don’t Confuse Me With The Facts”

In addition to current do-nothing politicians beholden to the O&G industry, we have prospects such as Republican U.S. Senate candidate Joni Ernst going so far as to declare that the Koch Brothers various Political Action Committees (PACs) started her trajectory in politics. Promising “ ‘to abolish’ the Environmental Protection Agency, she opposes the Clean Water Act, and in May she downplayed the role that human activities have played in climate change and/or rises in atmospheric CO2.

In Ohio it seems realistic to conjecture that OH Governor John Kasich, bracing for a tough reelection campaign, is wary of biting the PAC hands that feed him. He has also likely seen what happened to his “moderate” colleagues in states like Mississippi and Virginia, and in the age of Citizens United and McCutcheon he knows that the Hydrocarbon Industrial Complex will make him pay for anything that they construe as hostile to fossil fuel business as usual.

Close to the Action

Groups like the Koch-funded Americans for Prosperity, Randolph Foundation, and American Legislative Exchange Council (ALEC)2 are unapologetically wedded to continued production of fossil fuels. Nationally and in OH, politicians appear to be listening more to the talking points and white papers of such groups than they do their own constituents.. Therefore, it is no coincidence that DC and its surrounding Virginia suburbs has been colonized by industry mouthpieces, energy policy and economic academic tanks, philanthropies, and Political Action Committees (PACs). See Figure 1 for more information.

Know Your Vote

So when you go to the polls on November 4th, remember that politicians are increasingly beholden not to their constituents but to the larger donors to their campaigns. Nowhere is this more of a concern than US energy policy and our geopolitical linkages to producers and emerging markets. More to the point, when offered an opportunity to engage said officials make sure to bring up their financial links as it relates to how they vote and the types of legislation they write, massage, customize, or outright eliminate. As Plato once said, “The price of apathy towards public affairs is to be ruled by evil men.” Our current selection of politicians at the state and federal level are not evil, but data on O&G politics and campaign financing presented herein do indicate that objectivity with respect to oil and gas legislation has been at the very least compromised.


Figures 4a-h. Average & Total O&G Industry Contributions to US House Representatives and Senators across the US mainland and Alaska

Average Total
Democratic Representatives

Average Oil & Gas Industry Contributions to Democratic Representatives

Fig. 4a

Total Oil & Gas Industry Contributions to Democratic Representatives

Fig. 4b

Democratic Senators

Average Oil & Gas Industry Contributions to Democratic Senators

Fig. 4c

Total Oil & Gas Industry Contributions to Democratic Senators

Fig. 4d

Republican Representatives

Average Oil & Gas Industry Contributions to Republican Representatives

Fig. 4e

Total Oil & Gas Industry Contributions to Republican Representatives

Fig. 4f

Republican Senators

Average Oil & Gas Industry Contributions to Republican Senators

Fig. 4g

Total Oil & Gas Industry Contributions to Republican Senators

Fig. 4h


References

  1. This committee’s minority leader Ms. Eddie Bernice Johnson (D-TX) recently proposed the H.R.5189 – Energy and Water Research Integration Act of 2014 with an as yet to be published summary.
  2. …along with like-minded entities like the Ewing Marion Kauffman Foundation and the Chamber of Commerce’s PAC. These PACs and foundations tend to fund and greatly benefit from frackademic shops like Northwestern University’s Northwestern Law Judicial Education Program and George Mason University’s Law and Economics Center.
Inadequate vapor recovery system lead to residue forming on tank from escaping fumes. Jay-Bee was finally fined in Oct 2014 for these emissions.

Finally Fined – Oct. 5, 2014

Sometimes we all need to be more patient. Enforcement of environmental regulations against a corporation rarely happens, and environmental enforcement against an oil and gas corporation is truly an amazing rarity. These do not come our way with any degree of frequency. However, here is one where an operator was finally fined – and in West Virginia.

The enforcement and fine in Tyler County, WV is especially amazing since it follows just weeks after the Trans Energy guilty pleas and fines totaling $600,000 for three violations of the Clean Water Act in Marshall County, WV.

On October 5, 2014, Jay-Bee Oil and Gas Company was fined $240,000
for violations at its Lisby Pad in Tyler County, WV.

Now, finally, after about a year and a half of deplorable operating conditions on one of the worse (readily visible) well pads that we have seen in years, some enforcement action has finally happened.

Findings of Fact

Jay-Bee Oil & Gas, Inc. owns and operates natural gas well sites known as Lisby / TI-03, RPT8, RPT5, Coffman, W701, TI213, McIntyre, and Hurley, which are located in West Virginia. Here is the timeline for inspections and complaints related to this site:

  • March 28, 2014 – Personnel from the Division of Air Quality (DAQ) conducted an inspection at the Lisby / TI-03 Well Pad in response to a citizen odor complaint.
  • April 1, 2014 – Personnel from the DAQ conducted a follow-up inspection at the Lisby 1 T1-03 Well Pad. Visible emissions were observed from the permanent production storage tanks.
  • April 17, 2014 – Personnel from the DAQ conducted a follow-up inspection at the Lisby 1 TI-03 well pad in response to additional citizen odor complaints
  • July 18, 2014 – In response to a citizen complaint, personnel from the DAQ conducted an inspection at the Lisby 1 T1-03 Well Pad. Objectionable odors and visible emissions were observed from the thief hatch of one of the permanent production storage tanks. A visible liquid leak was also observed on a pipe located at the tank nearest to the vapor recovery unit.
  • September 30, 2014 – Jay-Bee Oil and Gas Company agrees to pay a total civil administrative penalty of two hundred forty thousand dollars ($240,000) to resolve the violations described in this Order (PDF).

Of Note

This enforcement action was not done by the WVDEP Office of Oil & Gas, who seem to only politely try to encourage the drillers to somewhat improve their behavior. The WVDEP Department of Air Quality issued this Notice of Violation and enforcement.

Most of this air quality enforcement process started because of the continued, asphyxiating, toxic gas fumes that poured off the Jay-Bee Lisby pad for months. The residents were forced to move away and have not returned due to lack of confidence that it is safe to live in this area yet. These residents join the growing ranks of others, who are now referred to as Marcellus refugees.

Inadequate vapor recovery system lead to residue forming on tank from escaping fumes

Inadequate vapor recovery system lead to residue forming on tank from escaping fumes

Additional Resources

Below are links to some of the newspaper articles on the same mismanaged well pad:


By Bill Hughes, WV Community Liaison, FracTracker Alliance
Read more Field Diary articles here.