The majority of FracTracker’s posts are generally considered articles. These may include analysis around data, embedded maps, summaries of partner collaborations, highlights of a publication or project, guest posts, etc.
The result of this year’s presidential election has sent shock waves through all levels of government. Many are now wondering what the next four years will look like in terms of funding and policy decisions. Just a few days after the inauguration, the next administration’s cabinet choices have many worried. For example, the person President-Elect Trump has selected to lead the transition at the Environmental Protection Agency (EPA), Myron Ebell, has connections to the fossil fuel industry, suggesting national energy policy may embrace fossil fuel development. Of equal concern are the industry connections of former ExxonMobil CEO Rex Tillerson as Secretary of State and former Texas governor Rick Perry as Secretary of Energy.
While these transformations are happening at the federal level, Pennsylvania has its own long history of revolving doors between government and industry that deserve attention. Examination of data collected by citizen advocate, Dorina Hippauf, as well as my own independent research, shows a state government with extensive ties to the oil and gas industry. This relationship is a concern given that state responses to national energy policy and climate change will become particularly important in coming years.
The Governor’s Office
Former Governor Ed Rendell, who served from 2003-2011, has multiple ties to the natural gas industry and was governor during the initial stages of the shale gas boom in PA. During this time, Governor Rendell leased 130,000 acres of state land to gas extraction companies (he later imposed a ban on leasing state lands). After leaving office, Rendell joined Element Partners, an equity firm with investments in the gas industry. Currently, Rendell is Co-chair of Building America’s Future, a bipartisan coalition of elected officials advocating for investment in the nation’s infrastructure. As recently as August 2016, Rendell has said he makes no apologies and remains a “strong advocate” of unconventional gas extraction, also stating that weaknesses in regulation were “cured” in 2010.
Pennsylvania’s shale gas industry saw its beginnings under Governor Rendell, but the industry truly boomed under Governor Tom Corbett. Corbett, a Republican, served a single term from 2011 to 2015. One of Corbett’s first acts as governor was to sign Act 13, which revised oil and gas laws and implemented the controversial impact fee in lieu of a severance tax. Corbett overturned Rendell’s ban on leasing public lands to gas companies. Corbett accepted $1.8 million in campaign contributions from gas companies. These contributions came not only from the companies themselves but also individual contributions from industry executives. Many of the companies that donated to Corbett’s campaign also found themselves appointed to the Marcellus Shale Advisory Commission.
Pennsylvania’s current Governor, Democrat Tom Wolf, campaigned on a platform of tougher restrictions on natural gas companies, as well as a 5% severance tax. However, the severance tax has failed to be implemented due to contentious budget negotiations with the Republican-held General Assembly. There were also concerns during Wolf’s campaign when it was revealed he had received $273,000 in donations from members of the gas industry. Many environmental advocates called on Wolf to return the funds.
Another important point to consider in these transitions is that, as elected officials move through various offices, their staffers often move with them or are appointed to influential positions. For example, K. Scott Roy served as Rendell’s chief of staff while in Harrisburg. After leaving politics, Roy joined Range Resources, one of the largest gas extraction companies in Pennsylvania. In the past he has also served as Treasurer for the Marcellus Shale Coalition.
The DEP: Regulating in the Public Interest?
The Department of Environmental Protection (DEP) is the state agency responsible for enforcing and regulating the natural gas industry in PA. However, research shows a consistent thread of secretaries with ties to the oil and gas industry dating as far back as secretaries James Seif (1995-2001) and David Hess (2001-2003). Both joined lobbying firms after leaving government. Seif joined Ridge Global, LLC, a lobbying firm founded by former governor Tom Ridge, which has had contracts with the Marcellus Shale Coalition, and where Seif currently serves as Principal of Energy and Environment. Hess joined Crisci, a lobbying firm with many gas companies as clients, where he is currently the Director of Policy and Communication at Crisci.
Katie McGinty was appointed by Governor Rendell and served from 2003 to 2008. Since leaving the agency she has worked for a number of energy-related companies including NRG Energy (operator of natural gas plants), Element Partners (the same firm Ed Rendell joined), and has been senior vice-president at Westen Solutions (a consulting firm with several natural gas companies as clients). During her Senate campaign, McGinty faced criticism for the significant campaign donations she received from the natural gas industry, as well as her employment past. McGinty was succeeded by John Hanger, who served from 2008 to 2011. Hanger left the DEP to join the law and lobbying firm Eckert Seamans Cherin and Mellott, LLC, which is a member of the Marcellus Shale Coalition. One of their clients is the Pennsylvania Independent Oil and Gas Association (PIOGA).
Perhaps the most infamous DEP secretary was Michael Krancer (2011-2013), who once notoriously said, “At the end of the day, my job is to get gas done.” Prior to joining the DEP, Krancer worked for Blank Rome, a law and lobbying firm that represents gas companies and is also a member of the Marcellus Shale Coalition, where he now currently works once again. Krancer also served as a member of the Marcellus Shale Advisory Commission, the panel that advised Governor Corbett on unconventional gas drilling regulations. Krancer’s father, Ronald, was also a significant contributor to Corbett’s 2010 gubernatorial campaign. After Krancer left the DEP, Corbett appointed Christopher Abruzzo, who served for about a year, followed by Dana Ankust, who also served a single year.
When Tom Wolf took office in 2015, he appointed John Quigley to head the DEP. Due to his past working with environmental advocacy group PennFuture, there was optimism that Quigley’s appointment would take the DEP in a different direction. Quigley had also previously served as secretary of the Department of Conservation and Natural Resources. In 2014, the Pennsylvania Environmental Defense Council sued the Commonwealth to try and stop the leasing of state lands to gas companies. Quigley testified that he had felt pressure to allow the lease of public land. Quigley dramatically resigned as secretary of the DEP in May, 2016, as a result of a leaked email voicing frustration with environmental advocacy groups and gridlock in the General Assembly. Quigley is an interesting counterpoint to the trend of DEP secretaries being influenced by the shale gas industry — an environmental advocate entering a political arena hostile to the DEP’s mission.
If one looks deeper at the DEP, there is further evidence of the revolving door between the oil and gas industry and the agency. For example, Barbara Sexton served as executive deputy secretary before leaving to join Chesapeake Energy, where she is currently Director of Government Relations. Another former deputy secretary, John Hines, left the agency to work for Shell. Michael Arch, who was an inspection supervisor, left to work for PIOGA. And finally, L. Richard Adams was formerly the DEP watershed manager before joining Chief Oil and Gas.
Conclusion
These findings suggest that multiple aspects of the Pennsylvania state government have historical and presently revolving-door relationships with the oil and gas industry. In a sense, this situation is not entirely surprising. PA is one of the largest natural gas producing states in the country, and the rhetoric of energy policy sells natural gas as a cleaner, cheaper, domestically-produced alternative to coal or oil. Historically, states have acted as “laboratories of policy,” as the federal government has been slow to pass legislation addressing energy and climate change. The incoming Trump administration has shown itself to be enthusiastic about expanding the fossil fuel market. However, it’s impossible to predict what changes will happen to the EPA and federal regulations. Such unpredictability makes states all the more important in shaping environmental protection policy in the next few years. We need to be aware of these revolving doors so we can be prepared for what’s coming in the future.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2017/01/PA_Capitol_header.jpg400900FracTracker Alliancehttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngFracTracker Alliance2017-01-24 01:22:562021-04-15 15:03:48Revolving Doors & the PA Natural Gas Industry
Guest article by Dakota Raynes, Co-Organizer of Stop Fracking Payne County (OK)
President Trump recently tapped Oklahoma Attorney General Scott Pruitt to head the Environmental Protection Agency (EPA), even though Pruitt is a self-proclaimed “leading advocate against the EPA’s activist agenda.” Pruitt is currently opposing investigation of Exxon Mobile’s handling of climate-change science based on the belief that climate change science is not yet settled and “debate should be encouraged in classrooms, public forums, and the halls of Congress.” Senate confirmation hearings regarding Pruitt’s nomination are currently ongoing – many questions have focused on Pruitt’s legacy as AG of OK and what that tells us about actions he might take as head of the EPA.
Pruitt’s Past as AG
Elected in 2010, Pruitt’s six-year tenure illuminates the full extent of the troubling stances he takes. For instance, he has fought against the overturn of DOMA, same-sex marriage rights, granting legal status to undocumented immigrants, the Affordable Care Act, access to safe and affordable birth control and abortions, and Dodd-Frank Wall Street reform. These actions demonstrate Pruitt’s inability to accept or implement procedures, policies, and programs supported by a majority of US residents, members of the nations’ highest courts, and even his own colleagues.
A Focus on Environmental Issues
More specifically related to environmental issues, he has openly criticized the EPA in congressional hearings and op-ed pieces. Due to his belief that the EPA frequently abuses its authority, Pruitt’s office has filed 14 antiregulatory lawsuits against the EPA. Investigative reporters uncovered that in 13 of these cases co-litigators included companies that had contributed significant amounts of money to Pruitt and/or Pruitt-affiliated political action committees (PACs). He also routinely joins lawsuits against other states. For example, Pruitt and five other Attorneys General challenged a California law banning the sale of eggs laid by hens living in cramped conditions, but a US District Judge ruled they lacked legal standing because they were representing the economic interests of a few industrial egg producers rather than the interests of their broader constituents.
Several such lawsuits are still pending, which legal experts and others claim presents a conflict of interest should Pruitt become the new Director of the EPA. When asked specifically about this issue during Senate confirmation hearings, Pruitt refused to recuse himself from the lawsuits, saying he would leave such a decision up to the EPA’s legal counsel team. Notably, across the course of his six-years as AG, Pruitt’s office has distributed more than 700 news releases announcing the office’s actions, his speeches and public appearances, and efforts to challenge federal regulations. More than 50 of these releases promoted the office’s efforts to sue the EPA, but not once has a release described actions the office has taken to enforce environmental laws or to hold violators accountable for their actions.
Potential Conflicts of Interest
In OK, Pruitt has made many choices, that when viewed together, strongly suggest that his loyalties reside with the industries that have donated hundreds of thousands of dollars to his election campaigns rather than with the people he is sworn to protect. Here is a short list of the most troubling examples:
Pruitt’s predecessor had filed suit against Tyson, Cargill, and a number of other poultry producers in OK due to inappropriate disposal of an estimated 300,000 tons of animal waste per year, which was causing toxic algae blooms along the Illinois River. But shortly after his election, Pruitt dropped the case, citing a need for more research. Some have questioned whether his decision was impacted by the fact that the poultry industry had donated at least $40,000 to his campaign that year.
In 2013, he created a coalition of 9 Attorneys General, major energy CEOs, and their lawyers and brought them all to OK for a strategizing session regarding how to stop government and citizen responses to the ills of the oil and gas industry; it was an all-expenses paid event funded by Mercatus, a right-wing think tank favored by the Koch brothers.
Notably, the energy industry is Pruitt’s second largest campaign contributor. When he came up for re-election in 2013, he chose Harold Hamm (CEO of Continental Resources, one of the largest oil companies in OK) to co-chair his campaign. Shortly after winning reelection in 2014, Pruitt joined forces with key industry players including Oklahoma Gas and Electric and the Domestic Energy Producers Alliance (chaired by Hamm) to file several antiregulatory lawsuits, which include attempts to block the Clean Power Plan and Waters of the US rule.
Pruitt has also served as leader of the Republican Association of Attorneys General, which has collected at least $4.2 million in donations from fossil-fuel related companies since 2013.
Recently, local investigative reporters discovered that Pruitt’s office failed to follow a state law requiring state agencies to disclose spending on outside attorneys. Their examination illuminated that Pruitt has spent more than $1 million on legal fees since FY2012 – a total that does not include costs directly related to lawsuits against the EPA or the Affordable Care Act.
Induced-Seismicity and Wastewater Disposal
Map of Oklahoma Class II Injection Wells and Volumes 2011 to 2015 (Barrels). Click image to explore a full screen, dynamic map.
Oklahoma recently became the earthquake capital of the world due to a phenomenon referred to as injection-induced seismicity. While OK has not historically been known as a seismically active area, thousands of tremors have shaken the state since the shale gas boom began.
Several researchers have used geospatial analysis to demonstrate how these quakes are caused by the high-pressure injection of oil and gas industry wastes such as the flowback and produced water created by the unconventional oil and gas production process known as hydraulic fracturing. The map above shows where injection wells (tan dots) are located and where earthquakes (green dots) occurred from 2011-2015.
Oklahomans have been harmed by the implicitly pro-fracking stance Pruitt has taken, as evidenced by his lack of action regarding induced seismicity – as well as air, water, and soil contamination due to oil and gas industry activities. Several people, including Johnson Bridgewater (Director of OK Chapter of the Sierra Club) have noted that:
There are various places where the attorney general’s office could have stepped in to fix this overall problem…Its job is to protect citizens. Other states were proactive and took these issues on…[yet] Pruitt has been completely silent in the face of a major environmental problem for the state and its taxpayers.
Specifically, the AG’s office could have responded to the legal question of whether the state could limit or ban transport of fracking-related wastewater, sent by other states for disposal in underground injection wells in OK.
He also did nothing to address the phenomenally low earthquake insurance claim approval rate; after the 5.8M quake shook Pawnee in September of 2016, 274 earthquake damage claims were filed but only 4 paid out. Estimates of statewide approval rates generally suggest that approximately 1% of claimants receive funds to aid repairs.
Lastly, there are a number of class action lawsuits against a variety of industry actors regarding earthquake damages, yet Pruitt’s office has not entered any of these as an intervenor even though AGs in other states have done so.
Pruitt not at fault?
Earthquake damage. Photo Credit: Jim Beckel/The Oklahoman
Pruitt was recently called out by investigative reporters who used open-records requests to reveal that letters, briefs, and lawsuits that he submitted were written in whole or in part by leading energy firms such as Devon (another of OK’s largest oil and gas companies). Pruitt’s response was that he had done nothing wrong, nothing even potentially problematic. Rather, he said, of course he was working closely with industry and isn’t that what he should be doing. Some would argue that as AG what he should be doing is working closely with the people of Oklahoma, especially those whose homes, lives, and livelihoods have crumbled under the weight of attempting to repair earthquake damage due to industry activities.
Historical AG Influence
It is important to remember, though, that what’s happening with Pruitt is not isolated. Rather, as several long-time reporters have noted, increased attention to developing beneficial relationships with AGs is a result of historical processes.
About 20 years ago more than 40 state AGs banded together to challenge the tobacco industry, which led to a historic $206 billion settlement decision. Later, Microsoft, the pharmaceutical industry, and the financial services industry each faced similar multistate challenges regarding the legality or illegality of particular business practices.
As some AGs began hiring outside law firms to investigate and sue corporations, industry leaders realized that AGs’ actions were far more powerful and immediate than those of legislative bodies. So, they began a heretofore unprecedented campaign to massively increase their influence at this level.
Several people have critiqued the ways in which such actions undermine democratic processes, prompt troubling questions about ethics, and negatively impact attorney generals’ abilities to fulfill their duties to the state and its residents.
A Mission at Risk
Those of us on the frontlines here in OK have seen just how powerful such coalitions can be, how much sway they can have on local and state officials, how they destabilize people’s faith and trust in the systems that are supposed to protect them, and how coalitions undercut people’s hope and desire to be civically engaged. The mission of the US Environmental Protection Agency is to protect human health and the environment. If confirmed to lead the EPA, it is very likely Pruitt will prioritize his relationships with industry over the health and welfare of the people and environment he’s directed to protect.
Footnotes
To learn more about induced seismicity read an exclusive FracTracker two-part series from former VTSO researcher Ariel Conn: Part I and Part II. Additionally, the USGS has created an Induced Earthquakes landing page as part of their Earthquake Hazards Program.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2017/01/Pruitt-Feature.jpg400900Guest Authorhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngGuest Author2017-01-23 10:15:082021-04-15 15:03:49“Polluting Pruitt:” A Wolf to Guard the Hen House?
We’ve added several new frac sand resources for visitors to our website this month, including a map of frac sand mines, as well as geolocated data you can download. Explore these resources using the map and links below:
On the map above you can view silica sands/frac sand mines, drying facilities, and value-added facilities in North America. Click view map fullscreen to see the legend, an address search bar, and other tools available on our maps.
Additional data shown on this map include addresses and facility polygons. Wisconsin provides sand production data for 24 facilities, so that information has been included on this map. The remaining Wisconsin and other state facilities do not have production or acreage data associated with them. (Most states lack disclosure requirements for releasing this kind of data. Additionally the USGS maintains a confidentiality agreement with all firms, preventing us from obtaining production data.)
The sandstone/silica geology polygons (areas on the map) include a breakdown of how much land is currently made up of agriculture, urban/suburban, temperate deciduous forest, and conifer forests. At the present time we only have this information for the primary frac-sand-producing state: Wisconsin. We should have details for Ohio and Minnesota soon.
Data Downloads
Click on the links below to download various geolocated datasets (zipped shape files) related to the frac sand industry:
The 30-inch Bayou Bridge Pipeline began operations in April of 2016, with a short leg of pipeline that ran from Nederland, Texas to refineries in Lake Charles, Louisiana. But this 60-mile long pipeline, operated by Sunoco Logistics Partners, was just the first step in a much lengthier, and more controversial, 24-inch diameter pipeline project (jointly owned by Sunoco Logistics Partners, as well as Phillips 66 Partners and Energy Transfer Partners). Nonetheless, Bayou Bridge Pipeline, LLC argues that transport of crude oil by pipeline rather than by tanker or train, is the safest transportation option, as they continue to advocate and justify more pipeline construction in the name of “energy independence.” They compare its necessity to that of FedEx, a mere “delivery system”—one that would carry 280,000 barrels of light or heavy crude across the Acadiana terrain. The company building the pipeline, in fact, distances itself from problems that could result after oil starts flowing:
The pipeline is merely a delivery system, similar to FedEx, to help fill a need that already exists to ship the crude to refiners and market. We do not own the crude in the pipeline,” Alexis Daniel, of Granado Communications Group, a public relations firm in Dallas, wrote in an email response to questions posed to Energy Transfer Partners. Source
Developers hope that second phase of the proposed Bayou Bridge Pipeline will be put into operation during the second half of 2017. It would run 162 miles from Lake Charles, LA to refineries in St James, LA. It would cross the 11 Louisiana parishes and over 700 acres of fragile wetlands, and watersheds that supply drinking water for up to 300,000 people. Pump stations are planned for Jefferson Davis and St. Martin parishes. St. James is located on the western bank of the Mississippi River, about 50 miles upstream of New Orleans. In addition, the proposed pipeline crosses the state-designated Coastal Zone Boundary, an area targeted by Louisiana for special consideration relating to ecological and cultural sustainability.
Zoom in closer to the area around the Bayou Bridge Pipeline, and the National Wetlands Inventory data should appear. Use the “Bookmarks” tab to zoom in close to the refinery sites, and also to zoom back out to the full extent of the proposed Bayou Bridge Pipeline.
What’s the connection to the DAPL?
The 2010 BP Gulf oil spill resulted in $18 billion in settlements and penalties. With protests in the news about the impacts the Dakota Access Pipeline (DAPL) could pose to drinking water for the Standing Rock Sioux Reservation should another oil spill occur along the Missouri River, it’s no surprise that environmentalists are also calling for an environmental impact statement about the proposed extension of the Bayou Bridge Pipeline.
Acadiana is already criss-crossed by a dense network of pipelines leading to Gulf Coast refineries. Nonetheless, the process of building the proposed Bayou Bridge pipeline, the Atchafalaya Basin, a major watershed of the Gulf of Mexico, will see additional and significant impacts. Even if the construction process happens without a hitch, 77 acres of wetlands would be permanently affected, and 177 acres would be temporarily affected, along with the wildlife and aquatic species that live there. Within a 5-mile buffer area of the pipeline, National Wetlands Inventory has mapped over 600 square miles of forested wetlands, nearly 300 square miles of estuarine wetlands, and 63 square miles of freshwater emergent wetlands. Essential ecosystem services that the wetlands provide, absorbing floodwaters, could be compromised, leading to increased erosion and sedimentation downstream. Impacts to these wetlands could be greatly magnified into the already environmentally stressed Gulf.
The connection between DAPL and Bayou Bridge is both figurative and literal. Like most new pipelines, concerns about spills loom large in the minds of many. A new pipeline represents more money that is not being directed toward clean energy alternatives.
Energy Transfer Partners, the same company building DAPL, is also building the Bayou Bridge, which the final leg of the Dakota Access Pipeline, 1300 miles to the north. The two pipelines would be connected by a 700+-mile-long stretch of Energy Transfer Partner’s 30-inch Trunkline. This pipeline, which has been a gas transmission line, was proposed in 2012 for conversion from gas to crude transport. The project was cancelled in 2014, and reworked to use 678 miles of the original Trunkline, and also add 66 miles of new pipeline. When it is online, the flow direction of the Trunkline pipeline would reversed to accommodate the south-flowing crude.
Other unanticipated impacts
Interestingly, if crude oil transport to Gulf Coast refineries is diverted to pipelines rather than traditional rail or barge transport, some industry analysts predict that transportation using those modes of conveyance will shift more to the Atlantic and Pacific coasts.
A chance for public input
Environmental groups, including a coalition the comprises the Sierra Club, the Gulf Restoration Network, and the Louisiana Bucket Brigade, the Atchafalaya Basinkeeper, as well as concerned citizens, and landowners (some of whom already have multiple pipelines crossing their properties) are making their resistance to the pipeline heard, loud and clear about the need for a full environmental impact statement that will address the cumulative and indirect impacts of the project.
Note
In response to public outcry, the Louisiana Department of Environmental Quality has agreed to hold a public hearing about the Bayou Bridge Pipeline extension. The meeting will take place at 6 p.m. on January 12 in the Oliver Pollock Room of the Galvez Building, 602 North 5th St. in Baton Rouge.
Update, 6 February 2017. Here’s an article that features information about the January 12 public meeting, which was packed to capacity.
By Karen Edelstein, Eastern Program Coordinator, FracTracker Alliance
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2017/01/Louisiana-Bayou-Pipeline-Feature.jpg400900Karen Edelsteinhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngKaren Edelstein2017-01-03 16:20:392023-05-12 10:47:38Pipeline Under Debate in Louisiana Bayou
With tens of thousands of wells scattered across the countryside, Southwestern Pennsylvania is no stranger to oil and gas development. New, industrial scale extraction methods are already well entrenched, with over 3,600 of these unconventional wells drilled so far in that part of the state, mostly from the well known Marcellus Shale formation.
Southwestern Pennsylvania is also home to the Pittsburgh Metropolitan Area, a seven county region with over 2.3 million people. Just over half of this population is in Allegheny County, where unconventional drilling has become more common in recent years, along with all of its associated impacts. In the following interactive story map, the FracTracker Alliance takes a look at current impacts in more urban and suburban environments, plus projects what future impacts could look like, based on leasing activity.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2016/12/AC_hypothetical_drilling_header.jpg400900Matt Kelso, BAhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngMatt Kelso, BA2016-12-30 10:03:102021-04-15 15:04:18Hypothetical Impacts of Unconventional Drilling In Allegheny County
By Ted Auch, Great Lakes Program Coordinator, FracTracker Alliance In collaboration with Caleb Gallemore, Assistant Professor in International Affairs, Lafayette University
The September 3rd magnitude 5.8 earthquake in Pawnee, Oklahoma, is the most violent example of induced seismicity, or “man-made” earthquakes, in U.S. history, causing Oklahoma governor Mary Fallin to declare a state of emergency. This was followed by a magnitude 4.5 earthquake on November 1st prompting the Oklahoma Corporation Commission (OCC) and U.S. EPA to put restrictions on injection wells within a 10-mile radius of the Pawnee quake.
And then on Sunday, November 6th, a magnitude 5.0 earthquake shook central Oklahoma about a mile west of the Cushing Hub, the largest commercial crude oil storage center in North America capable of storing 54 million barrels of crude. This is the equivalent of 2.8 times the U.S. daily oil refinery capacity and 3.1 times the daily oil refinery capacity of all of North America. This massive hub in the North American oil landscape also happens to be the southern terminus of the controversial Keystone pipeline complex, which would transport 590,000 barrel per day over more than 2,000 miles (Fig. 1). Furthermore, this quake demonstrated the growing connectivity between Class II injection well associated induced seismicity and oil transport/storage in the heart of the US version of Saudi Arabia’s Ghawar Oil Fields. This increasing connectivity between O&G waste, production, and processing (i.e., Hydrocarbon Industrial Complex) will eventually impact the wallets of every American.
Figure 1. The Keystone Pipeline would transport 590,000 bpd over more than 2,000 miles.
This latest earthquake caused Cushing schools to close. Magellan Midstream Partners, the major pipeline and storage facility operator in the region, also shut down in order to “check the integrity of our assets.” Compounding concerns about induced seismicity, the Cushing Hub is the primary price settlement point for West Texas Intermediate that, along with Brent Crude, determines the global price of crude oil and by association what Americans pay for fuel at the pump, at their homes, and in their businesses.
Given the significant increase in seismic activity across the U.S. Great Plains, along with the potential environmental, public health, and economic risks at stake, we thought it was time to compile an inventory of Class II injection well volumes. Because growing evidence points to the relationship between induced seismicity and oil and gas waste disposal, our initial analysis focuses on Oklahoma and Kansas. The maps and the associated data downloads in this article represent the first time Class II injection well volumes have been compiled in a searchable and interactive fashion for any state outside Ohio (where FracTracker has compiled class II volumes since 2010). Oklahoma and Kansas Class II injection well data are available to the public, albeit in disparate formats and diffuse locations. Our synthesis makes this data easier to navigate for concerned citizens, policy makers, and journalists.
Induced Seismicity Past, Present, and Future
Figure 2. Central U.S. earthquakes 1973-August 15, 2015 according to the U.S. Geological Survey (Note: Based on our analysis this exponential increasing earthquakes has been accompanied by a 300 feet per quarter increase in the average depth of earthquakes across Oklahoma, Kansas, and Texas).
Oklahoma, along with Arkansas, Kansas, Ohio, and Texas, is at the top of the induced seismicity list, specifically with regard to quakes in excess of magnitude 4.0. However, as the USGS and Virginia Tech Seismological Observatory (VTSO)[1] have recently documented, an average of only 21 earthquakes of magnitude 3.0 or greater occurred in the Central/Eastern US between 1973 and 2008. This trend jumped to an average of 99 between 2009 and 2013. In 2014 there were a staggering 659 quakes. The exponential increase in induced seismic events can be seen in Figure 2 from a recent USGS publication titled “High-rate injection is associated with the increase in U.S. mid-continent seismicity,” where the authors note:
“An unprecedented increase in earthquakes in the U.S. mid-continent began in 2009. Many of these earthquakes have been documented as induced by wastewater injection…We find that the entire increase in earthquake rate is associated with fluid injection wells. High-rate injection wells (>300,000 barrels per month) are much more likely to be associated with earthquakes than lower-rate wells.”
Figure 3. Average freshwater demand per hydraulically fractured well across four U.S. shale plays and the annual percent increase in each of those plays.
This trend suggests that induced seismicity is the new normal and will likely increase given that: 1) freshwater demand per hydraulically fractured well is rising all over the country, from 11-15% per year in the Marcellus and Bakken to 20-22% in the Denver and Midland formations, 2) the amount of produced brine wastewater parallels these increases almost 1-to-1, and 3) the unconventional oil and gas industry is using more and more water as they begin to explore the periphery of primary shale plays or in less productive secondary and tertiary plays (Fig. 3).
Oklahoma
The September, 2016, Pawnee County Earthquake
This first map focuses on the September, 2016 Pawnee, OK Magnitude 5.8 earthquake that many people believe was caused by injecting high volume hydraulic fracturing (HVHF) waste into class II injection wells in Oklahoma and Kansas. This map includes all Oklahoma and Kansas Class II injection wells as well as Oklahoma’s primary geologic faults and fractures.
Oklahoma and Kansas Class II injection wells and geologic faults
Figure 4. The September, 2016 Pawnee, Oklahoma 5.8M earthquake, neighboring active Class II injection wells, underlying geologic faults and fractures.
Of note on this map is the geological connectivity across Oklahoma resulting from the state’s 129 faults and fractures. Also present are several high volume wells including Territory Resources LLC’s Oldham #5 (1.45 miles from the epicenter, injecting 257 million gallons between 2011 and 2014) and Doyle #5 wells (0.36 miles from the epicenter, injecting 61 million gallons between 2011 and 2015), Staghorn Energy LLC’s Hudgins #1 well (1.43 miles from the epicenter, injecting 11 million gallons between 2011 and 2015 into the Red Fork formation), and Cooke Co Production Co.’s Laird #3-35 well (1.41 miles from the epicenter, injecting 6.5 million gallons between 2011 and 2015). Figure 4 shows a closeup view of these wells relative to the location of the Pawnee quake.
Class II Salt Water Disposal (SWD) Injection Well Volumes
This second map includes annual volumes of disposed wastewater across 10,297 Class II injection wells in Oklahoma between 2011 and 2015 (Note: 2015 volumes also include monthly totals). Additionally, we have included Oklahoma’s geologic faults and fractures for context given the recent uptick in Oklahoma and Kansas’ induced seismicity activity.
Annual volumes of class II injection wells disposal in Oklahoma (2011-2015)
Maximum volume to date (for a single Class II injection well): 105,979,598 barrels, or 4,080,214,523 gallons (68,003,574 gallons per month), for the New Dominion, LLC “Chambers #1” well in Oklahoma County.
Total Volume to Date: 10,655,395,179 barrels or 410,232,714,392 gallons (6,837,211,907 gallons per month).
Mean volume to date across the 10,927 Class II injection wells: approximately 975,144 barrels per well or 37,543,044 gallons (625,717 gallons per month).
This map also includes 632 Class II wells injecting waste into the Arbuckle Formation which is believed to be the primary geological formation responsible for the 5.0 magnitude last week in Cushing.
Below is an inventory of monthly oil and gas waste volumes (barrels) disposed across 4,555 Class II injection wells in Kansas between 2011 and 2015. This map will be updated in the Spring of 2017 to include 2016 volumes. A preponderance of this data comes from 2015 with a scattering of volume reports across Kansas between 2011 and 2014.
Monthly Class II injection wells volumes in Kansas (2011-2015)
Maximum volume to date (for a single Class II injection well): 9,016,471 barrels, or 347,134,134 gallons (28,927,845 gallons per month), for the Sinclair Prairie Oil Co. “H.J. Vohs #8” well in Rooks County. This is a well that was initially permitted and completed between 1949 and 1950.
Total Volume to date: 1,060,123,330 barrels or 40,814,748,205 gallons (3,401,229,017 gallons per month).
Mean volume to date across the 4,555 Class II injection wells: approximately 232,738 barrels per well or 8,960,413 gallons (746,701 gallons per month).
Table 1. Summary of Class II SWD Injection Well Volumes across Kansas and Oklahoma
Sum
Average
Maximum
No. of Class II
SWD Wells
Barrels
Sum To Date
Per Year
Sum To Date
Per Year
Kansas*
4,555
1.06 BB
232,738
…
9.02 MB
…
Oklahoma**
10,927
10.66 BB
975,143
195,029
105.98 MB
21.20 MB
* Wells in the counties of Barton (279 wells), Ellis (397 wells), Rooks (220 wells), Russell (199 wells), and Ness (187 wells) account for 29% of Kansas’ active Class II wells.
** Wells in the counties of Carter (1,792 wells), Creek (946 wells), Pontotoc (684 wells), Seminole (476 wells), and Stephens (1,302 wells) account for 48% of Oklahoma’s active Class II wells.
Conclusion
If the U.S. EPA’s Underground Injection Control (UIC) estimates are to be believed, the above Class II volumes account for 19.3% of the “over 2 billion gallons of brine…injected in the United States every day,” and if the connectivity between injection well associated induced seismicity and oil transport/storage continues to grow, this issue will likely impact the lives of every American.
Given how critical the Cushing Hub is to US energy security and price stability one could easily argue that a major accident there could result in a sudden disruption to fuel supplies and an exponential increase in “prices at the pump” that would make the 240% late 1970s Energy Crisis spike look like a mere blip on the radar. The days of $4.15 per gallon prices the country experienced in the summer of 2008 would again become a reality.
In sum, the risks posed by Class II injection wells and are not just a problem for insurance companies and residents of rural Oklahomans and Kansans, induced seismic activity is a potential threat to our nation’s security and economy.
[1] To learn more about Induced Seismicity read an exclusive FracTracker two-part series from former VTSO researcher Ariel Conn: Part I and Part II. Additionally, the USGS has created an Induced Earthquakes landing page as part of their Earthquake Hazards Program.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2016/11/OK_KS_InjectionWellVolumes_header.jpg400900Ted Auch, PhDhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngTed Auch, PhD2016-12-21 09:00:152021-04-15 15:04:18Oklahoma and Kansas Class II Injection Wells and Earthquakes
By Karen Edelstein, Eastern Program Coordinator, FracTracker Alliance
In an apparent move to step around compliance with comprehensive regulations outlined in the Endangered Species Act (ESA), a coalition of nine oil and gas corporations has filed a draft plan entitled the Oil & Gas Coalition Multi-State Habitat Conservation Plan (O&G HCP). The proposed plan, which would relax regulations on five species of bats, is unprecedented in scope in the eastern United States, both temporally and spatially. If approved, it would be in effect for 50 years, and cover oil and gas operations throughout the states of Ohio, Pennsylvania, and West Virginia—covering over 110,000 square miles. The oil and gas companies see the plan as a means of “streamlining” the permit processes associated with oil and gas exploration, production, and maintenance activities. Others outside of industry may wonder whether the requested permit is a broad over-reach of an existing loophole in the ESA.
Habitat fragmentation, air, and noise pollution that comes with oil and gas extraction and fossil fuel delivery activities have the potential to incidentally injure or kill bat species in the three-State plan area that are currently protected by the Endangered Species Act (ESA) of 1973. In essence, the requested “incidental take permit”, or ITP, would acknowledge that these companies would not be held to the same comprehensive regulations that are designed to safeguard the environment, particularly the flora and fauna at most risk to extirpation. Rather, they would simply be asked to insure that their impacts are “minimized and mitigated to the maximum extent practicable.”
Section 10(a)(2)(B) of the ESA contains provisions for issuing an ITP to a non-Federal entity for the take of endangered and threatened species, provided the following criteria are met:
The taking will be incidental
The applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking
The applicant will develop an HCP and ensure that adequate funding for the plan will be provided
The taking will not appreciably reduce the likelihood of survival and recovery of the species in the wild
The applicant will carry out any other measures that the Secretary may require as being necessary or appropriate for the purposes of the HCP
What activities would be involved?
The Northern Long-eared Bat is a federally-listed threatened species, also included in the ITP
The proposed plan, which would seek to exempt both upstream development activities (oil & gas wells) and midstream development activities (pipelines). Upstream activities include the creation of access roads, staging areas, seismic operations, land clearing, explosives; the development and construction of well fields, including drilling, well pad construction, disposal wells, water impoundments, communication towers; and other operations, including gas flaring and soil disturbance; and decommissioning and reclamation activities, including more land moving and excavation.
Midstream activities include the construction of gathering, transmission, and distribution pipeline, including land grading and stream construction, construction of compressor stations, meter stations, electric substations, storage facilities, and processing plants, and installation of roads, culverts, and ditches, to name just a few.
Companies involved in the proposed “Conservation Plan” represent the major players in fossil fuel extraction, refinement, and delivery in the region, and include:
Antero Resources Corporation
Ascent Resources, LLC
Chesapeake Energy Corporation
EnLink Midstream L.P.
EQT Corporation
MarkWest Energy Partners, L.P., MPLX L.P., and Marathon Petroleum Corporation (all part of same corporate enterprise)
Rice Energy, Inc.
Southwestern Energy Company
The Williams Companies, Inc.
Focal species of the request
Populations of federally-endangered Indiana Bats could be impacted by the proposed Incidental Take Permit (ITP)
The five species listed in the ITP include the Indiana Bat (a federally-listed endangered species) and Northern Long-eared Bat (a federally-listed threatened species), the Eastern Small-footed Bat (a threatened species protected under Pennsylvania’s Game and Wildlife Code), as well as the Little Brown Bat and Tri-colored Bat. Populations of all five species are already under dire threats due to white-nose syndrome, a devastating disease that, since 2008, has killed an estimated 5.7 million bats in North America. In some cases, entire local populations have succumbed to this deadly disease. Because bats already have a naturally low birthrate, bat populations that do survive this epidemic will be slow to rebound. Only recently, wildlife biologists have begun to see hope for a treatment in a beneficial bacterium that may save affected bats. However, production and deployment details of this treatment are still under development. Best summarized in a recent article in the Pittsburgh Post-Gazette:
This [ITP] would be a huge deal because we are dealing with species in a precipitous decline,” said Jared Margolis, an attorney with the Center for Biological Diversity, a national nonprofit conservation organization headquartered in Tucson, Ariz. “I don’t see how it could be biologically defensible. Even without the drilling and energy development we don’t know if these species will survive.
In 2012, Bat Conservation International produced a report for Delaware Riverkeeper, entitled Impacts of Shale Gas Development on Bat Populations in the Northeastern United States. The report focuses on landscape scale impacts that range from water quality threats, to disruption of winter hibernacula, the locations where bats hibernate during the winter, en masse. In addition, because bats have strong site fidelity to roosting trees or groups of trees, forest clearing for pipelines, well pads or other facilities may disproportionately impact local populations.
The below map, developed by FracTracker Alliance, shows the population ranges of all five bat species, as well as the current areas impacted by existing development by the oil and gas industry through well sites, pipelines, and other facilities.
To learn more details about the extensive oil and gas development in each of the impacted states, follow these links:
Oil and gas threat map for Pennsylvania. Currently, there are ~104,000 oil and gas wells, compressors, and other related facilities here.
Oil and gas threat map for Ohio. Currently, there are ~90,000 oil and gas wells, compressors, and other related facilities here.
Oil and gas threat map for West Virginia. Currently, there are ~16,000 oil and gas wells, compressors, and other related facilities here.
Public input options
The U.S. Fish and Wildlife Service (USFWS) announced in the Federal Register in late November 2016 its intent to prepare an environmental impact statement (EIS) and hold five public scoping sessions about the permit, as well as an informational webinar. In keeping with the parameters of an environmental impact statement, USFWS is particularly interested in input and information about:
Aspects of the human environment that warrant examination such as baseline information that could inform the analyses.
Information concerning the range, distribution, population size, and population trends concerning the covered species in the plan area.
Additional biological information concerning the covered species or other federally listed species that occur in the plan area.
Direct, indirect, and/or cumulative impacts that implementation of the proposed action (i.e., covered activities) will have on the covered species or other federally listed species.
Information about measures that can be implemented to avoid, minimize, and mitigate impacts to the covered species.
Other possible alternatives to the proposed action that the Service should consider.
Whether there are connected, similar, or reasonably foreseeable cumulative actions (i.e., current or planned activities) and their potential impacts on covered species or other federally listed species in the plan area.
The presence of archaeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns within the plan area that are required to be considered in project planning by the National Historic Preservation Act.
Any other environmental issues that should be considered with regard to the proposed HCP and potential permit issuance.
The public comment period ends on December 27, 2016. Links to more information about locations of the public hearings, as well as instructions about how to sign up for the December 20, 2016 informational webinar can be found at this website. In addition, you can electronically submit comments about the “conservation plan” by following this link.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2016/12/Eastern-small-footed-bat-header.jpg4301500Karen Edelsteinhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngKaren Edelstein2016-12-12 14:22:072021-04-15 15:04:19“Taking” Wildlife in PA, OH, WV
By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance
Eliza Czolowski, Program Associate, PSE Healthy Energy
Since April 2016, demonstrators in North Dakota have been protesting a section of the Dakota Access Pipeline (DAPL) being built by Dakota Access LLC, a construction subsidiary of Energy Transfer Partners LP. The proposed pipeline passes just 1.5 miles north of the Standing Rock Sioux Tribal Lands, where it is planned to cross Lake Oahe, the largest Army Corps of Engineers reservoir created on the Missouri River. The tribe argues that the project will not only threaten their environmental and economic well-being, but will also cut through land that is sacred.
Given how quickly circumstances have changed on the ground, we have received numerous requests to post an overview on the issue. This article examines the technical aspects of the DAPL proposal and details the current status of protests at Standing Rock. It includes a discussion of what the Army Corps’ recent denial of DAPL’s permits means for the project as well as looks towards the impacts of incoming Trump administration. We have also created the below map to contextualize DAPL and protest activities that have occurred at Standing Rock.
DAPL is a $3.78 billion dollar project that was initially slated for completion on January 1, 2017. The DAPL is a joint venture of Phillips 66, Sunoco Logistics, and other smaller fossil fuel companies including Marathon Petroleum Corporation, and Enbridge Energy Partners. Numerous banks and investment firms are supporting the project and financing the related infrastructure growth, including Citi Bank, JP Morgan Chase, HSBC, PNC, Community Trust, Bank of America, Morgan Stanley, ING, Tokyo-Mitsubishi, Goldman Sachs, Wells Fargo, SunTrust, Us Bank, UBS, Compass and others.
Its route travels from Northwestern North Dakota, south of Bismarck, and crosses the waterway made up of the Missouri River and Lake Oahe just upriver of the Standing Rock Sioux Tribal Area. From North Dakota the pipeline continues 1,172 miles to an oil tank farm in Pakota, Illinois. DAPL would carry 470,000 barrels per day (75,000 m3/d) of Bakken crude oil with a maximum capacity up to 570,000 barrels per day. That’s the CO2 equivalent of 30 average sized coal fired power plants.
As documented by the NY Times map, in addition to the Missouri River and Lake Oahe, the pipeline crosses 22 other waterways that also require the pipeline to be drilled deep under these bodies of water. But Standing Rock portion is the only section disputed and as of yet unfinished. Now the pipeline project, known by the protesters as “the black snake,” is over 95% complete, despite having no official easement to cross the body of water created by the Missouri River and Lake Oahe. The easement is required for any domestic pipeline to cross a major waterway and because the land on either side of the Army Corps Lake Oahe project is managed by the Army Corps (shown in the protest map). An easement would allow Dakota Access LLC to drill a tunnel for the pipeline under the federally owned lands, including the lake and river.
Safety & Environmental Racism
Proponents of the project tout the opinion that pipelines are the safest method of moving oil large distances. Trucking oil in tankers on highways has the highest accident and spill rates, whereas moving oil by railways presents a major explosive hazard when incidents do occur. Pipeline spills are therefore considered the “safe” alternative. On November 11, Kelcy Warren was interviewed on CBS News, claiming Dakota Access, LLC takes every precaution to reduce leaks and that the likelihood of a leak is highly unlikely. The problem with comparing the risk for each of these transportation methods is that rates of incidence are the only comparison. The resulting hazard and impact is ignored. When pipelines rupture, they present a much larger hazard than trucks and trains. Large volumes of spilled oil result in much greater water and soil contamination.
We know that pipelines do rupture, and quite often. An analysis by the U.S. DOT Pipeline and Hazardous Materials Safety Administration in 2012 shows that there have been 201 major incidents (with volumes over 1,000 gallons) related to liquid leaks in the U.S. over the last ten years that were reported to the Department of Transportation. The “average” pipeline therefore has a 57% probability of experiencing a major leak, with consequences over the $1 million range, in a ten-year period. FracTracker’s recent analysis of PHMSA data shows the systemic issue of pipeline spills: there have been 4,215 pipeline spill incidents just since 2010 resulting in 100 reported fatalities, 470 injuries, and property damage exceeding $3.4 billion! The recent (December 12) spill of 176,000 gallons of crude oil into a stream just 150 miles from the Standing Rock protest site highlights the Tribes’ concerns.
A previously proposed route for the DAPL would have put Bismarck—a city that is 92% white—just downriver of its Missouri River crossing. This initial route was rejected due to its potential threat to Bismarck’s water supply, according to the Army Corps. In addition to being located upriver of Bismarck’s water intake, the route would have been 11 miles longer and would have passed through “wellhead source water protection” areas that are avoided to protect municipal water supply wells. Passing through this “high consequence area” would have required further actions and additional safety measures on the part of Dakota Access LLC. The route would also have been more difficult to stay at least 500 feet away from homes, as required by the North Dakota Public Service Commission. The route was changed and pushed as close to Sioux County as possible, the location of the Standing Rock Indian Reservation.
Protests: The Water Protectors
The Standing Rock Sioux Tribe has taken an active stance against Bakken Oil Development in the past. In 2007, the Reservation passed a resolution to prevent any oil and gas development or pipelines on the Tribal Lands. However, deep concerns about the safety of DAPL led protesters to begin demonstrations at Standing Rock in April, 2016. The Standing Rock Sioux Tribe then sued the Army Corps in July, after the pipeline was granted most of the final permits over objections of three other federal agencies. Construction of it, they say, will “destroy our burial sites, prayer sites and culturally significant artifacts.” A timeline of The Standing Rock Sioux Tribe’s litigation addressing DAPL through this period can be found on the EARTHJUSTICE website.
In August, a group organized on the Standing Rock Indian Reservation called ReZpect Our Water brought a petition to the Army Corps in Washington, D.C. stating that DAPL interferes with their ancestral land and water rights. The Tribe sued for an injunction citing the endangerment of water and soil, cultural resources, and the improper use of eminent domain. The suit argued that the pipeline presents a risk to Sioux Tribe communities who live near or downstream of the pipeline. The Missouri River is the main water source for the Standing Rock Sioux Tribe. In September, members of the Standing Rock Sioux tribe in North Dakota finally made headlines.
Federal Injunction
On September 9, District Judge James Boasberg denied the Standing Rock Sioux Tribes preliminary injunction request to prevent the Army Corps from granting the easement. The Judge ordered Dakota Access to stop work only on the section of pipeline nearest the Missouri river until the Army Corps granted the crossing easement. The excavation of Standing Rock burial grounds and other sacred sites, where direct action demonstrators were clashing with Dakota Access security and guard dogs, was allowed to continue. Later that same day, a joint statement was released by the U.S. Department of Justice, the Department of the Interior, and the U.S. Army:
“We request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.”
In the map above the 20-mile buffer zone is shown in light green. Regardless of the request from the three federal agencies to pause construction, Dakota Access’s parent company Energy Transfer Partners LP ignored requests to voluntarily halt construction. Dakota Access LLC has also disregarded the instructions of the federal judge. The Army Corps declared Dakota Access LLC would not receive the easement required to cross the waterway until after 2016, but that has not stopped the company from pushing forward without the necessary permits. The pipeline has been built across all of Cannonball Ranch right up to Lake Oahe and the Missouri River, which can be seen in the map above and in drone footage taken November 2, 2016 showing the well pad for the drill rig has been built.
On November 4 the Army Corps requested Dakota Access LLC voluntarily halt construction for 30 days; then on November 8 (Election Day), Dakota Access ignored the request and announced they would begin horizontally drilling under the waterway within weeks. On November 14 Dakota Access filed a lawsuit against the Army Corps arguing that permits are not legally required. Later that day, the Army Corps responded with a statement that said any construction on or under Corps land bordering Lake Oahe cannot occur because the Army has not made a final decision on whether to grant an easement. In the issued statement, Assistant Secretary of the Army Jo-Ellen Darcy said “in light of the history of the Great Sioux Nation’s dispossession of lands [and] the importance of Lake Oahe to the Tribe,” the Standing Rock Sioux tribe would be consulted to help develop a timetable for future construction plans. The Army Corps has since denied the easement entirely.
Violence Against Protesters
Law enforcement has used physical violence to disrupt demonstrations on public lands and to prevent direct action activities as protesters aim to shut down construction on private land held by Energy Transfer Partners LP. Since September 4, law enforcement agencies led by the Morton County Sheriff’s Department have maintained jurisdiction over the protests. Officers from other counties and states have also been brought in to assist. Morton County and the State of North Dakota do not have the jurisdiction to evict protesters from the camps located on Army Corps land. Well over 500 activists have been arrested.
The majority of clashes with law enforcement have occurred on the roadways exiting the Army Corps lands, or at the access points to the privately owned Cannonball Ranch (shown on the map). Morton County has spent more than $8 million keeping direct action protesters from shutting down excavation and construction activities along the path of the pipeline. Meanwhile, the state of North Dakota has spent over $10 million on additional law enforcement officials to provide assistance to Morton County.
The first violent confrontation occurred on September 3 after Dakota Access bulldozed an area of Cannonball Ranch identified by the Tribe as a sacred site hosting burial grounds. At that time, the site was actively being contested in court and rulings still had not been made. The Tribe was seeking a restraining order, known as a “preliminary injunction” to protect their cultural heritage. Direct action demonstrators put themselves in the way of bulldozers to stop the destructive construction. In response, Dakota Access LLC security personnel assaulted protesters with pepper spray and attack dogs. The encounter was documented by Democracy Now reporter Amy Goodman.
October 27, the Morton County Sheriff’s Department reinforced with 300 police from neighboring counties and states, raided the frontline camp site making mass arrests. In response, demonstrators reinforced a blockade of the 1806 bridge, shown in the map above. The most violent clash was witnessed on public lands on November 20, 2016 at this bridge, which demarcates Army Corps land. The Police forces’ use of “non-lethal” bean bag rounds, rubber bullets, tear gas, pepper spray, water hoses, LRAD, and explosive flash grenades on peaceful demonstrators has been criticized by many groups. Fire hoses were used on protesters in freezing conditions resulting in dozens of demonstrators needing treatment for hypothermia. In total 300 people were injured according to a release from the standing rock medic and healer council.
Most recently, the Army Corps has targeted the Standing Rock Demonstration by determining that it is no longer safe to stay at the Sacred Stone and Oceti Sakowin camps located on Army Corps property. North Dakota Governor Jack Dalrymple has frequently blasted the Army Corps for not removing the protesters.
As of December 5th, federal authorities consider the protesters to be trespassing on federal lands, leaving protesters vulnerable to various citations and possible arrest. The Army Corps has also said that emergency services may no longer be provided in the evacuation area. The Army Corps has jurisdiction on Army Corps lands, and only federal authorities can remove the protesters from federal lands. There are now more than 5,000 activists demonstrating at Standing Rock, and an additional 2,000 U.S. veterans joined the protest this past week for an action of solidarity. Nevertheless, U.S. authorities have said that there are no plans to forcibly remove activists, despite telling them to leave.
Victory and an Uncertain Future
Perhaps as a result of this mass outcry, the Army Corps announced on December 4th—only a day before trespassing claims would be imposed—that Dakota Access LLC’s permit application to cross under the Missouri River and Lake Oahe had been denied. Jo-Ellen Darcy, the Army’s Assistant Secretary for Civil Works, announced:
“Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do…The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing.”
To determine alternate routes, the Army Corps has announced it will undertake an environmental impact statement which could take years to complete. While this is a major victory for the “water protectors” demonstrating at Standing Rock, it is not a complete victory. Following the Army Corps’ announcement, the two main pipeline investors, Energy Transfer Partners LP and Sunoco Logistics, responded that they:
“…are fully committed to ensuring that this vital project is brought to completion and fully expect to complete construction of the pipeline without any additional rerouting in and around Lake Oahe. Nothing this Administration has done today changes that in any way.”
In fact, prior to the Army Corps denying the easement, numerous democrats in congress called for President Obama to shut down the pipeline. While President Obama has not heeded these calls to shut down the project entirely, he also has not given the green light for the project either. Instead the President stated that the situation needed to be handled carefully and urged the Army Corps to consider rerouting the pipeline. “We’re monitoring this closely and I think, as a general rule, my view is that there’s a way for us to accommodate sacred lands of Native Americans…. I think right now the Army Corps is examining whether there are ways to reroute this pipeline,” the President said.
The Corps decision to conduct a lengthy environmental impact statement is encouraging but, ultimately, the Trump administration may have the final say on the DAPL easement. President-elect Trump has voiced support for the easement in the past, and on December 5th, just one day following the Army Corps’ decision, Trump spokesman Jason Miller commented:
“That’s something we support construction of, and we will review the full situation in the White House and make an appropriate determination at that time.”
Energy Transfer Partners LP CEO Kelcy Warren donated $103,000 to the Trump campaign and the President-elect has investments in Energy Transfer Partners LP totaling up to $1 million according to campaign financial disclosures. President-elect Trump has made it clear that pipeline projects, specifically the Keystone Access Pipeline rejected by President Obama, will be allowed to move forward along with additional fossil fuel extraction projects.
If the construction company, Dakota Access LLC, continues building the pipeline they are liable to be fined. It is not yet clear whether Dakota Access LLC will “eat” the fine to continue building and drilling, or whether the Army Corps will forcefully stop DAPL. Analysts say the expense of changing the route, such as to the south of the tribal lands, would make the economics of the pipeline a total loss. It is cheaper for Dakota Access LLC to continue to fight the protest despite overwhelming disapproval of the project.
Meanwhile, protestors have refused to leave Standing Rock in fear that the Army Corp will reverse its decision and allow DAPL to proceed, despite requests by the chairman of the Sioux Tribe that demonstrators go home. Many are hopeful that, by stalling the project past January 1st—the deadline by which Energy Transfer Partners LP promised oil companies it would complete construction—the possibility exists that contracts will expire and DAPL loses support from investors.
Other Mapping Resources
This web map shows the current construction progress of the pipeline.
The New York Times website is hosting a map focusing on the many water crossings of the pipeline route.
The Guardian has a static map on their website similar to our interactive map.
by Kirk Jalbert, Manager of Community-Based Research & Engagement with technical assistance from Seth Kovnant
In September, the Pennsylvania Department of Environmental Protection (DEP) rejected a number of permits for wetland crossings and sedimentation control that were required for Sunoco Pipeline’s proposed “Mariner East 2” pipeline. According to Sunoco, the proposed Mariner East 2 is a $2.5 billion, 350-mile-long pipeline that would be one of the largest pipeline construction projects in Pennsylvania’s history.
If built, Mariner East 2 could transport up to 450,000 barrels (18,900,000 gallons) per day of propane, ethane, butane, and other liquefied hydrocarbons from the shale fields of western Pennsylvania to export terminals in Marcus Hook, located just outside Philadelphia. A second proposed pipeline, if constructed, could carry an additional 250,000 barrels (10,500,000 gallons) per day of these same materials. Sunoco submitted revised permit applications to PADEP on Tuesday, December 6th.
The industry often refers to ethane, propane and butane collectively as “natural gas liquids.” They are classified by the federal government as “hazardous, highly volatile liquids,” but that terminology is also misleading. These materials, which have not been transported through densely populated southeast Pennsylvania previously, are liquid only at very high pressure or extremely cold temperatures. At the normal atmospheric conditions experienced outside the pipeline, these materials volatilize into gas which is colorless; odorless; an asphyxiation hazard; heavier than air; and extremely flammable of explosive. This gas can travel downhill and downwind for long distances while remaining combustible. It can collect (and remain for long periods of time) in low-lying areas; and things as ordinary as a cell phone, a doorbell or a light switch are capable of providing an ignition source.
Many who have followed the proposed Mariner East 2 project note that, while much has been written about the likely environmental impacts, insufficient investigation has been conducted into safety risks to those who live, work and attend schools in the proposed pipeline’s path. We address these risks in this article, and, in doing so, emphasize the importance of regulatory agencies allowing public comments on the project’s resubmitted permit applications.
The Inherent Risks of Artificially Liquified Gas
Resident of Pennsylvania do not need to look far for examples of how pipeline accidents pose serious risk. For instance, the 2015 explosion of the Enterprise ATEX (Appalachia to Texas) pipeline near Follansbee, WV, provides a depiction of what a Mariner East 2 pipeline failure could look like. This 20-inch diameter pipeline carrying liquid ethane is similar in many ways to the proposed Mariner East 2. When it ruptured in rural West Virginia, close to the Pennsylvania border, it caused damage in an area that extended 2,000 feet—about ½ square mile—from the place where the pipeline failed.
In another recent instance, the Spectra Energy Texas Eastern methane natural gas pipeline ruptured in Salem, PA, this April as a result of corroded welding. The explosion, seen above (photo by PA NPR State Impact), completely destroyed a house 200ft. away. Another house, 800ft. away, sustained major damage and its owner received 3rd degree burns. These incidents are not unique. FracTracker’s recent analysis found that there have been 4,215 pipeline incidents nation-wide since 2010, resulting in 100 reported fatalities, 470 injuries, and property damage exceeding $3.4 billion (“incident” is an industry term meaning “a pipeline failure or inadvertent release of its contents.” It does not necessarily connote “a minor event”).
Calculating Immediate Ignition Impact Zones
It is difficult to predict the blast radius for materials like ethane, propane and butane. Methane, while highly flammable or explosive, is lighter than air and so tends to disperse upon release into the atmosphere. Highly volatile liquids like ethane, propane and butane, on the other hand, tend to concentrate close to the ground and to spread laterally downwind. A large, dispersed vapor cloud of these materials may quickly spread great distances, even under very light wind conditions. A worst-case scenario would by highly variable since gas migration and dispersion is dependent on topography, leak characteristics, and atmospheric conditions. In this scenario, unignited gas would be allowed to migrate as an unignited vapor cloud for a couple miles before finding an ignition source that causes an explosion that encompasses the entire covered area tracing back to the leak source. Ordinary devices like light switches or cell phones can serve as an ignition source for the entire vapor cloud. One subject matter expert recently testified before a Municipal Zoning Hearing board that damage could be expected at a distance of three miles from the source of a large scale release.
The federal government’s “potential impact radius” (PIR) formula, used for natural gas (methane) isn’t directly applicable because of differences in the characteristics of the material. It may however be possible to quantify an Immediate Ignition Impact Zone. This represents the explosion radius that could occur if ignition occurs BEFORE the gas is able to migrate.
The Pipeline and Hazardous Materials Safety Administration (PHMSA) provides instructions for calculating the PIR of a methane natural gas pipeline. The PIR estimates the range within which a potential failure could have significant impact on people or property. The PIR is established using the combustion energy and pipeline-specific fuel mass of methane to determine a blast radius: PIR = 0.69*sqrt(p*d^2). Where: PIR = Potential Impact Radius (in feet), p = maximum allowable operating pressure (in pounds per square inch), d = nominal pipeline diameter (in inches), and 0.69 is a constant applicable to natural gas
The Texas Eastern pipeline can use the PIR equation as-is since it carries methane natural gas. However, since Mariner East 2 is primarily carrying ethane, propane, and butane NGLs, the equation must be altered. Ethane, propane, butane, and methane have very similar combustion energies (about 50-55 MJ/kg). Therefore, the PIR equation can be updated for each NGL based on the mass density of the flow material as follows: PIR = 0.69*sqrt(r*p*d^2). Where: r = the density ratio of hydrocarbons with similar combustion energy to methane natural gas. At 1,440 psi, methane remains a gas with a mass density 5 times less than liquid ethane at the same pressure:
The methane density relationships for ethane, propane, and butane can be used to calculate an immediate-ignition blast radius for each hydrocarbon product. The below table shows the results assuming a Mariner East 2-sized 20-inch diameter pipe operating at Mariner East 2’s 1,440psi maximum operating pressure:
Using these assumptions, the blast radius can be derived as a function of pressure for each hydrocarbon for the same 20in. diameter pipe:
ME2 Immediate Ignition Blast Radius
Note the sharp increase in blast radius for each natural gas liquid product. The pressure at which this sharp increase occurs corresponds with the critical pressure where each product transitions to a liquid state and becomes significantly denser, and in turn, contains more explosive power. These products will always be operated above their respective critical pressures when in transport, meaning their blast radius will be relatively constant, regardless of operating pressure.
Averaging the “Immediate Ignition Blast Radius” for ethane, propane, and butane gives us a 1,300 ft (about 0.25 mile) potential impact radius. However, we must recognize that this buffer represents a best case scenario in the event of a major pipeline accident.
FracTracker has created a new map of the Mariner East 2 pipeline using a highly-detailed GIS shapefile recently supplied by the DEP. On this map, we identify a 0.5 mile radius “buffer” from Mariner East 2’s proposed route. We then located all public and private schools, environmental justice census tracts, and estimated number of people who live within this buffer in order to get a clearer picture of the pipeline’s hidden risks.
Proposed Mariner East 2 and At-Risk Schools and Populations
In order to estimate the number of people who live within this 0.5 mile radius, we first identified census blocks that intersect the hazardous buffer. Second, we calculated the percentage of that census block’s area that lies within the buffer. Finally, we used the ratio to determine the percentage of the block’s population that lies within the buffer. In total, there are an estimated 105,419 people living within the proposed Mariner East 2’s 0.5 mile radius impact zone. The totals for each of the 17 counties in Mariner East 2’s trajectory can be found in the interactive map. The top five counties with the greatest number of at-risk residents are:
Chester County (31,632 residents in zone)
Delaware County (17,791 residents in zone)
Westmoreland County (11,183 residents in zone)
Cumberland County (10,498 residents in zone)
Berks County (7,644 residents in zone)
Environmental Justice Areas
Environmental justice designations are defined by the DEP as any census tract where 20% or more of the population lives in poverty and/or 30% or more of the population identifies as a minority. These numbers are based on data from the U.S. Census Bureau, last updated in 2010, and by the federal poverty guidelines. Mariner East 2 crosses through four environmental justice areas:
Census Tract 4064.02, Delaware County
Census Tract 125, Cambria County
Census Tract 8026, Westmoreland County
Census Tract 8028, Westmoreland County
DEP policies promise enhanced public participation opportunities in environmental justice communities during permitting processes for large development projects. No additional public participation opportunities were provided to these communities. Furthermore, no public hearings were held whatsoever in Cambria County and Delaware County. The hearing held in Westmoreland County took place in Youngwood, nine miles away from Jeanette. Pipelines are not specified on the “trigger list” that determines what permits receive additional scrutiny, however the policy does allow for “opt-in permits” if the DEP believes they warrant special consideration. One would assume that a proposed pipeline project with the potential to affect the safety of tens of thousands of Pennsylvanians qualifies for additional attention.
At-Risk Schools
One of the most concerning aspects of our findings is the astounding number of schools in the path of Mariner East 2. Based on data obtained from the U.S. Department of Education on the locations of schools in Pennsylvania, a shocking 23 public (common core) schools and 17 private schools were found within Mariner East 2’s 0.5 mile impact zone. In one instance, a school was discovered to be only 7 feet away from the pipeline’s intended path. Students and staff at these schools have virtually no chance to exercise their only possible response to a large scale release of highly volatile liquids, which is immediate on-foot evacuation.
Middletown High School in Dauphin County in close proximity to ME2
One reason for the high number of at-risk schools is that Mariner East 2 is proposed to roughly follow the same right of way as an older pipeline built in the 1930s (now marketed by Sunoco as “Mariner East 1.”). A great deal of development has occurred since that time, including many new neighborhoods, businesses and public buildings. It is worth noting that the U.S. Department of Education’s data represents the center point of schools. In many cases, we found playgrounds and other school facilities were much closer to Mariner East 2, as can be seen in the above photograph. Also of note is the high percentage of students who qualify for free or reduced lunch programs at these schools, suggesting that many are located in disproportionately poorer communities.
Now that PADEP has received revised permit applications from Sunoco, presumably addressing September’s long list of technical deficiencies, the agency will soon make a decision as to whether or not additional public participation is required before approving the project. Given the findings in our analysis, it should be clear that the public must have an extended opportunity to review and comment on the proposed Mariner East 2. In fact, public participation was extremely helpful to DEP in the initial review process, providing technical and contextual information.
It is, furthermore, imperative that investigations into the potential impacts of Mariner East 2 extend to assess the safety of nearby residents and students, particularly in marginalized communities. Thus far, no indication has been made by the DEP that this will be the case. However, the Pennsylvania Sierra Club has established a petition for residents to voice their desire for a public comment period and additional hearings.
Seth Kovnat is the chief structural engineer for an aerospace engineering firm in Southeastern PA, and regularly consults with regard to the proposed Mariner East 2 pipeline. In November, Seth’s expertise in structural engineering and his extensive knowledge of piping and hazardous materials under pressure were instrumental in providing testimony at a Pennsylvania Senate and House Veterans Affairs and Emergency Preparedness Committee discussion during the Pennsylvania Pipeline Infrastructure Citizens Panel. Seth serves on the board of Middletown Coalition for Community Safety and is a member of the Mariner East 2 Safety Advisory Committee for Middletown Township, PA. He is committed to demonstrating diligence in gathering, truth sourcing, and evaluating technical information in pipeline safety matters in order to provide data driven information-sharing on a community level.
NOTE: This article was modified on 12/9/16 at 4pm to provide additional clarification on how the 1,300ft PIR was calculated, and the map was modified on 11/4/2021 to add the 1,300 ft Thermal Impact Zone Buffer, which was previously mislabeled as the half-mile Buffer
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2016/12/ME2_schools_header.jpg400900FracTracker Alliancehttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngFracTracker Alliance2016-12-09 08:36:102021-11-04 15:58:45Mariner East 2: At-Risk Schools and Populations
