This article focuses on the city of Arvin as an example to show how some Frontline Communities in California are completely surrounded by an unrelenting barrage of carcinogenic and toxic air pollutants from oil and gas wells. Kern County’s proposed environmental impact report (EIR) would streamline the approval of an additional 67,000 new oil and gas wells in the County and thus further degrade air quality. We provide several recommendations for how local and state decision-makers can better protect public health from these serious threats.
Upstream greenhouse-gas and volatile organic compound (VOC) emissions from oil and gas extraction have been drastically under-reported throughout the United States, and California’s emissions regulations for oil and gas production wells are not comprehensive enough to protect Frontline Communities. The contribution of VOCs from the oil and gas extraction sector is responsible for California’s central valley and Kern County communities being exposed to the worst air quality in the country. As carcinogens, air toxics, and precursors to ozone, VOC’s present a myriad of health threats.
The contribution of VOCs from the well-sites in Kern, in addition to the cumulative burden of the Central Valley’s degraded air quality, puts Kern residents at considerable risk. Obvious loopholes in the California Air Resources Board’s oil and gas rule must be addressed immediately, and revised to prevent the cumulative impact of multiple exposure sources from causing additional documented negative health impacts. Additionally Kern County’s proposed environmental impact report (EIR) would streamline the approval of an additional 67,000 new oil and gas wells in the County and thus further degrade air quality. It is crucial that the EIR is instead revised to eliminate extraction near sensitive populations. (For more details on this proposal, see our more in depth environmental justice analysis of Kern County and our article on the proposed EIR.)
In support of establishing new public health rules that protect Frontline Communities, Earthwork’s Community Empowerment Project, in collaboration with the Central California Environmental Justice Network and FracTracker Alliance, has focused on documenting the uncontrolled emissions from extraction sites within and surrounding the small city of Arvin, California. Using infrared cameras with state of the art optical gas imaging (OGI) technology, the team documented major leaks at multiple well-sites. Footage from Arvin spans the years from 2016-2020. A collection of this footage has been compiled into the interactive story map that follows.
Toxic Emissions Filmed at Oil and Gas Wells in Arvin, CA
This StoryMap explores how current California regulations fail to stop emissions from tanks on oil and gas well-sites by looking at examples of emissions from well-sites in Arvin, California. Place your cursor over the image and scroll down to advance the StoryMap and explore a series of maps charting the fracking-for-plastic system. Click on the icon in the bottom left to view the legend.
The cases of uncontrolled emissions in the story map provides just an example of the inventory of uncontrolled emissions sources in Kern County, and California at large. Finding and filming emissions sources while using OGI cameras in California is not at all uncommon, otherwise there would not be seven prime examples just in the City of Arvin. Prior to 2018, emissions from these well-sites went completely unregulated. While the California oil and gas rule (COGR) was developed to address greenhouse gas emissions from small sources, certain aspects of the rule are not being enforced by the local air districts. Rather than requiring tanks to have closed evaporation systems the air districts allow operators to set pressure/vacuum hatches to open and emit toxic and carcinogenic vapors when pressure builds inside tanks. While this is a safety mechanism on tanks, in practice it allows tanks to be consistent sources of exposure that put neighboring communities at risk. Specifically, California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 10 Climate Change, Article 4, § 95669, Leak Detection and Repair, Paragraph I states that “Hatches shall remain closed at all times except during sampling, adding process material, or attended maintenance operations.”
While the COGR rule is a step in the right direction to reduce emissions, oil and gas’s legacy of degradation to ambient air quality has placed the Central Valley in the worst categories for these pollutants in the country. This puts Kern residents at considerable risk. The local health department continues to report improved conditions and increased numbers of healthy air days, but the truth is the mean, median and maximum values of ozone concentrations at US EPA monitoring locations in Kern County have remained relatively constant at harmful levels from 2015-2019. Expanding the data to 2020 shows a two sharp decreases in ambient levels of pollutants that correspond to decreases in reported production volumes for the county. The first decrease in 2016 corresponds to a drop in production following the institution of State Bill requirements for fracking permits. The decrease in 2020 is a result of the slowed production and burning of fossil fuels related to the Covid-19 Pandemic, as shown below in Figure 1.
Figure 1. Plot of annual Maximum 1 hour Ozone concentrations at all monitoring locations in western Kern County. Ozone concentrations are presented in parts per million. Annual trends in ambient concentrations of ozone. Note the decrease in concentrations in 2016 and in 2020. Both events correlate to decreases in production.
Using the U.S. EPA’s AirData mapping portal, air quality data for Kern County was exported, compiled and plotted to show trends over time. Above in Figure 1, annual ambient concentrations of ozone are shown. The trends of ambient concentrations follow similar trends in the spatial and temporal distribution of CalGEM reported production volumes. FracTracker Alliance is conducting more thorough analyses of these correlations, so stay tuned for future reports.
The locations of these monitoring locations are shown below in the map in Figure 2. Note that there are not any monitors in northwestern Kern, near large oil fields including North Belridge and Lost Hills. The communities near these fields, such as the City of Lost Hills are predominantly Latinx with elevated levels of linguistic isolation and poverty.
Figure 2. Map of Air Quality Monitors in Kern County.
Conclusion
Permitting new oil and gas wells in Kern County is certain to degrade the already harmful local and regional ambient air quality of the Central Valley. Kern County’s proposed EIR, as it stands will streamline an additional 67,000 sources of VOCs to the inventory of emissions already impacting communities. The health impacts from concentrations of ozone are well established, and the release of VOCs are major risk driver for communities living closest to oil and gas extraction operations as well as for regional public health. Together, these primary and secondary pollutants create a major risk driver for Kern County communities. Globally, these emissions are responsible for upwards of 8 million premature deaths annually. The burden on Frontline Communities in Kern County is likely much higher, and will only grow if the currently drafted EIR is passed. Additional air quality monitoring stations in northwestern Kern County should be installed immediately to help track air quality impacts.
To reduce this harm to Frontline Communities, California Senator Scott Weiner has submitted a new senate bill. Senate Bill 467 would stop the issuance of hydraulic fracturing permits and create a public health setback distance of 2,500 feet from homes, schools and other health care facilities for all new drilling permits. The bill would also create a program to provide new training and job opportunities for workers who would be negatively impacted by the bill. Senate Bill 467 provides the first step for a green transition away from the health impacts resulting from fossil fuel industries.
The Take Away
Built on sound data and ample research, FracTracker recommends the following measures be taken to protect the health of California’s overburdened Frontline Communities: Kern County should revise its environmental impact report to address the onslaught of harmful oil and gas emissions (EIR), California Air Resources Board’s oil and gas rule should close its loophole allowing emissions from the pressure/vacuum hatch on the tank to be exempt from regulation, and legislators should educate themselves on the importance of 2,500 foot setbacks requirements for oil and gas wells.
References & Where to Learn More
FracTracker’s public comments regarding recommendations to modify the Kern County Draft Environmental Impact Report (EIR): https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/03/Kern.EIR_.comments_FracTrackerAlliance_3.8.21_compressed.pdf
Southwest Detroit and neighboring South Rockwood in Monroe County could not be more different demographically, but one thing they have in common is a consistent battle with the extractives industry.
With environmental advocates Theresa Landrum and Doug Wood, FracTracker created a Story Map to document what this infrastructural buildout in Southeastern Michigan looks like from the air, how it has displaced entire neighborhoods, and how it has forever changed their quality of life, in the name of short-term profiteering.
“Marathon is a prime example of corporate polluters continuing
to choose profit over safeguards for our public health.”
– Congresswoman Rashida Tlaib
Each year, FracTracker Alliance gives out its Community Sentinel Award for Environmental Stewardship. We had an amazing group of candidates this year, and the four winners are extremely brave, persistent, insightful, and collaborative activists representing diverse communities all over the country.
I have had the good fortune to interact with two of the winners – Theresa Landrum and Brenda Jo McManama – quite frequently over my time at FracTracker. This year’s Sentinel Award winners and all its previous recipients are passionate and persistent fighters for environmental justice in their own backyards and around the United States.
It is around this time of year that all the negativity involved in the fight against fossil fuel industries dissolves away for me as I find myself inspired and humbled by the Sentinel winners. Theresa and Brenda Jo constantly inspire me and FracTracker to strive to do more, do better, and remain cleareyed as to whom we serve. All the Community Sentinel nominees are exemplars of what it is to walk authentically and humbly through life.
However, I am going to spend the next couple paragraphs speaking specifically about Ms. Landrum, because it is she that I have come to know and work quite well with since COVID-19 was something we thought would be gone by June.
I had heard so many amazing things about Ms. Landrum from a common comrade, Mr. Doug Wood, whom FracTracker has written about with respect to the silica sand mining he is fighting and dubious pro-mining legislation being pushed in Michigan’s Statehouse, but I had never met her in person. That changed on a scorching hot day this past June, when Doug, Theresa, and I met (socially distanced) in the shadow of Marathon Petroleum’s refinery at Detroit’s Kemeny Recreation Center, just a couple stones throws across I-75 (see images below).
“Marathon is a prime example of corporate polluters continuing to choose profit over safeguards for our public health. It is time to say enough is enough of Marathon’s constant disregard of the health and safety of residents who live, work, and visit the surrounding communities. Marathon has perpetrated numerous incidents detrimental to our communities and must be held accountable – they clearly cannot be trusted to protect our health. I look forward to discussing the need to hold Marathon and other entities who poison our community accountable and solutions to make our communities breathe and live free at the upcoming congressional field hearing I am hosting with other members of Congress, experts, and grassroots activists here in Detroit.”
Southeastern Michigan Environmental Activists Doug Wood and Theresa Landrum at Detroit’s 48217 Kimeny Park with Marathon’s Refinery in the Background, June, 2020
Anti-Frac Sand mine signage created by Monroe County, Michigan activist Doug Wood, June, 2020
No Dumping signage erected by Marathon Oil in Detroit’s Oakwood Neighborhood adjacent to the company’s oil refinery
Concerned Citizen and Sylvania Minerals mine neighbor Doug Wood
It did not take more than 30 seconds for me to realize that Theresa was an authentic and persistent fighter for her community, and that she belongs on the Mt. Rushmore of EJ advocates – as does Doug Wood and all of the Community Sentinel nominees past, present, and future.
After meeting at the recreation center, I followed Theresa around with my drone, capturing footage and images of the worst actors in the 48217 zip code of Southwest Detroit, as well as of River Rouge and Ecorse. This turned out to be the first of three trips to meet with Theresa throughout the summer and fall of 2020.
During each trip and across dozens of phone conversations, Theresa explained to me what industry has done to Southwest Detroit, how she has gone about combatting it, and the way that Lansing treats Wayne County.
It struck me that much of her experience overlaps with the stories I have heard in disparate demographics, from soybean farmers in LaSalle County, Illinois, to dairy farmers in Western Wisconsin, all the way to coalminers in Central Appalachia.
Their stories illustrate the near universal tale of how industry needs and welfare demands take precedence over the rights of citizens. It is the story of globalization, shareholder returns, and political/economic elites ignoring, mocking, or being deaf and blind to the needs of their constituents and the crimes being committed in the name of progress and Gross Domestic Product (GDP).
One thing Theresa and I have spent quite a bit of time discussing is the overlap in environmental justice across demographics, and how superficial differences have been weaponized to divide us, leaving only corporations and their political handmaids to benefit. Industry beneficiaries and politicians have colluded to declare in the words of Thomas Frank’s latest book “The People, No!” Yet, it is people like Theresa, Doug, Brenda Jo, and all the other environmental activists we celebrate who are and will be instrumental in bridging those divides, and guiding the citizenry to pivot, to identify and defeat the real Leviathan – the Hydrocarbon Industrial Complex in all its manifestations and with all its tentacles spread out across this country.
The best way I know how to return the favor to folks like Theresa is to continue to do what FracTracker does best, and what I hope I am doing well, which is documenting the infrastructure and landscapes that are or have been in the crosshairs of industry, whether it be steel, coal, oil, or in the case of our name – fracked natural gas.
I have been working with Theresa and Doug on a Story Map that illustrates the scale and scope of industrial impacts in southeastern Michigan, from US Steel’s Zug Island to Sylvanian Mineral’s frac sand mine in South Rockwood. As I mentioned above, we have outlined the plight of Doug and Dawn Wood in their fight against their neighbor Sylvanian Minerals. However, with respect to Southwest Detroit, it is critical that we give a bit of background to the region’s cultural significance. For that, I am going to refer to Ms. Landrum’s own words, shared below:
A Historical Perspective of Wayne County Michigan’s Tri-Cities Region
By Theresa Landrum
During the first and second waves of the early 20th Century Great Migration, African Americans came from the South to Michigan’s communities of Ecorse (48229), River Rouge (48218), and Southwest Detroit (48217), AKA the “Triple Cities,” seeking factory jobs in the surrounding industries; U.S. Steel (formerly Great Lakes Steel), Ford Motor Company, Zug Island, Dana Corporation, and BASF Chemicals. During this time, many white men enlisted in the armed forces, and employers needed workers – so companies recruited southern African Americans to fill the jobs.
This region is one of the first African American settlements in Michigan after World War II, where Black people could actually buy homes, which helped establish metro Detroit’s Black middle class.
By the 1930s and 40s it was a self-sustaining area rich with opportunities, a mecca for Black-owned businesses, like gas stations, stores, jazz clubs, restaurants, hotels, laundromats, dry cleaners, and much more. It was also the home of Black professionals: doctors, pharmacists, policemen, florists, bakers, dentists, teachers, lawyers, and realtors thrived here, and was the site of one of Michigan’s first Black hospitals, Sidney A. Sumby Memorial Hospital, built by Black doctors.
The thread that ties these three communities/zip codes together is their formation of (what was then) Ecorse Township. Their division came after the City of Detroit expressed interest in annexing the River Rouge area. River Rouge incorporated into a village to ward this off, but Detroit was able to annex the Southwest 48217 area in 1922, thus segmenting Ecorse Township into three parts.
Fast forward to the 1950s, when Detroit’s landscape changed forever with the government’s declaration of “Eminent Domain” that claimed many African American homes for construction of the I-75 Expressway, which runs right through the center of Southwest Detroit’s (SWD) 48217 community. As I-75 was constructed, Ohio Oil (which officially became Marathon Oil in 1962) also increased its footprint in the area by acquiring nearly 100 acres and destroying a wetland habitat to expand its storage tank farm, which to date has over 100 storage tanks.
Marathon expanded again in 2007 with the announcement of the $2.2 billion Detroit Heavy Upgrade Project (DHOUP), where they would transition to refining dirty tar-sands from Alberta, Canada. This increased production to 120,000 barrels of crude per day, and thus increased the expulsion of harmful, pollutive emissions into the nearby neighborhoods. The project was completed in 2012, which also resulted in Marathon buying over 400 homes in the SWD 48217 (Oakwood Heights) area, further encroaching into residential communities.
Theresa was a recipient of the 2020 Community Sentinel Award for Environmental Stewardship, presented by FracTracker Alliance and Halt the Harm Network. Read more about her story here.
The Thoughts of Dawn & Doug Wood About Living Next to a Frac Sand Mine
I asked Dawn and Doug Wood to send me their thoughts on what it is like living next to Sylvanian Minerals and US Silica’s frac sand mine in South Rockwood, Michigan. I extracted (and clarified where necessary) the excerpts below that clearly illustrate their frustrations with their community, local, and federally elected officials, as well as the mine operators:
“[The] list of insurmountable mini-nightmares of living next to a frac sand mine [is endless at this point]. [Ten] years ago, they wanted to annex this quarry. [Our] village government has exercised no control over this corporation. [T]he village and the quarry refuse to do any air monitoring, [and] the residents who voted [in favor of] this quarry continue to be silent against any controls over this quarry. Residents seem to fear retaliation if they speak out against [the] village/quarry, [and to this day we] can’t quite explain the community’s lack of outrage … [We] have been shaking our head for years about this … It’s like the pandemic, it is invisible, yet it is killing people … [and] we are living in a polluted community, so our lungs are already taxed [which amplified the impacts of COVID]. [We] have been petitioning for air monitors and dust controls for four years, [and to add insult to injury] after ten years of this bull- – – -, the industry proposes Senate Bill 431 to totally strip communities of their controls, allowing mines to expand whenever they want, and new quarries to just be approved wherever they want [which has prompted the industry to correctly assume] they are entitled. PURE MICHIGAN is the state slogan. We think that’s PURE BULL- – – -!!”
A Southwestern Detroit and Neighboring Monroe County Industrial Impacts Story Map
Southwest Detroit and neighboring South Rockwood in Monroe County could not be more different demographically, but one thing they have in common is a consistent battle with the extractives industry.
We built this Story Map to identify the industrial bad actors and census-level indicators such as mean annual income, and most importantly, to present a growing library of georeferenced drone footage and imagery we have collected over the years.
There have been dozens of other industrial projects foisted on the Triple Cities area of Detroit during this period and to the present day. The goal of this Story Map was to document with drone photography what this infrastructural buildout looks like from the air, how it has displaced and been incorporated directly into neighborhoods – and in the case of Sylvanian Mineral’s South Rockwood facility operating adjacent to good people like the Woods – how it has forever changed their quality of life, in the name of short-term profiteering.
We will continue to “infill” and expand this Story Map in the coming months and years, especially throughout greater Wayne County and the surrounding counties, as southeastern Michigan continues to act as a chokepoint for all manner of industrial and fossil fuel operators and activities. Furthermore, this collaborative effort with Ms. Landrum demands her community’s involvement and acceptance. We also strive to make this project a valuable resource for Michigan-based environmental NGOs and the state’s excellent journalists, like Steve Neavling at Detroit MetroTimes, and Evan Kutz at Great Lakes Beacon.
We plan to update this Map with more culturally significant imagery from the Detroit Public Library and The Wayne State Walter Reuther Library to include media focusing on labor strife, police violence, and the rich tradition and history of the region’s artistic heritage. Additionally, we will expand the depth and breadth of our drone imagery library, as well as continue our nascent effort to collect the stories of regional elders who speak to Southwest Detroit as one of the fulcrums of African American culture, and who explore how industrial colonialism has decimated much the area’s sense of place and community pride.
However, I am confident and hopeful that with progressive voices like Congresswoman Tlaib, committed journalists like those previously mentioned, and activists like Ms. Landrum passing the torch to a younger generation of activists, Southwest Detroit’s condition will take a turn for the better.
Footnote on Michigan’s Senate Bill 431
We wrote about the impacts that SB 431 would have on Michigan’s community and ecosystems last summer, when we were outlining some of the industry’s efforts in Statehouses across the country to weaken environmental regulations – and in some cases, the democratic process itself. SB 431, in particular, would have made the process of operating a sand and gravel mine in Michigan much easier, by way of removing local participation. As the Metamora Land Preservation Alliance (MLPA) wrote in opposition to the bill, this legislation would have allowed for “uncontrolled gravel mining” throughout the state. However, in a bit of good news, a large coalition of Michigan environmental organizations was able to defeat this bill with the MLPA, writing the following on its Facebook page:
“KILLER GRAVEL BILLS DEFEATED!!!
SENATE BILLS 431/849 DEFEATED!
NO SENATE VOTE THIS YEAR – BILLS ARE DEAD!
After almost 18 months of battling in Lansing – Senate Bills 431 & 849 (sponsored by Senator Hollier (D) Detroit) – have been defeated. They will not be coming up for a vote this calendar year, and by Senate rules they will therefore expire. Thus ending, for this year, the dire threat of uncontrolled gravel mining, endangerment of our groundwater, and loss of control of how our communities grow and develop. Make no mistake – this was a serious threat to Michigan’s citizens and communities – and it was a no-holds-barred fight in Lansing.”
Wins for communities over corporations like this are rare, indeed, and should be celebrated. Congratulations to the Woods, MLPA, and all the Michigan communities and organizations that pushed back against this bill. You are true Community Sentinels!
Theresa Landrum, of Detroit, Michigan, 48217. The Original United Citizens of Southwest Detroit; 48217 Community and Environmental Health Organization; Michigan Advisory Council on Environmental Justice; Sierra Club Detroit Chapter, MEJC Clean Air Council; Michigan PFAS action response team
This report focuses on the two immediate stakeholders impacted by oil and gas well drilling setbacks: Frontline Communities and oil and gas operators. First, using U.S. Census data this report helps to define the Frontline Communities most impacted by oil and gas extraction. Then, using GIS techniques and California state data, this report estimates the potential impact of a setback on California’s oil production. Results and conclusions of these analyses are outlined below.
Previous statewide and regional analyses on proximity of oil and gas extraction to various demographics, including analyses included in Kern County’s 2020 draft EIR, have inadequately investigated disparate impacts, and have published erroneous results.
This analysis shows that approximately 2.17 million Californians live within 2,500’ of an operational oil and gas well, and about 7.37 million Californians live within 1 mile.
California’s Frontline Communities living closest to oil and gas extraction sites with high densities of wells are predominantly low income households with non-white and Latinx demographics.
The majority of oil and gas wells are located in environmental justice communities most impacted by contaminated groundwater and air quality degradation resulting from oil and gas extraction, with high risks of low-birth weight pregnancy outcomes.
Adequate Setbacks for permitting new oil and gas wells will reduce health risks for Frontline Communities.
Setbacks for permitting new oil and gas wells will not decrease existing California oil and gas production.
Phasing out wells within setback distances will further decrease health risks for Frontline Communities.
Phasing out wells by disallowing rework permits within a 2,500’ setback distance will have a minimal impact on overall statewide oil production, estimated at an annual maximum loss of 1% by volume.
Setbacks greater than 2,500’ in combination with other public health interventions are necessary to reduce risk for Frontline Communities.
Based on the peer reviewed literature, a setback of at least one mile is recommended.
The energy focused on instituting policies to protect the health of Frontline Communities in California from the negative impacts of oil and gas extraction is at an all-time high. In August 2020, Assembly Bill 345 was heard in the State Senate’s Natural Resources Committee, but was blocked from reaching the Senate floor for a vote. The bill would have required the Geologic Energy Management Division in the Department of Conservation (CalGEM) to establish a minimum setback distance between oil and gas production and related activities and sensitive receptors like homes, schools, and hospitals. While this strong effort to establish health and safety setbacks through the state legislature may have failed, the movement has paved the way for local actions. Additionally, California is in the midst of a statewide public health rule-making process to address the health impacts of oil and gas extraction currently experienced by Frontline Communities.
In related advocacy, Frontline Community groups in California recommended a minimum 2500’ setback based on scientific studies, including a 2015 report by the California Council on Science and Technology which identified “significant” health risks at a distance of one-half mile from drill sites. A recent grand jury report from Pennsylvania recommended 5,000’ setbacks, with 2,500’ as a minimum requirement to address the most impacted communities. Additionally, the state of Colorado has recently adopted 2,000’ setbacks for homes and schools, while the existing 2,000’ setback has had minimal impacts on oil and gas production.
In September 2020, Governor Newsom declared the deadline for the first draft of the pre-regulatory rule-making report will be the first of January 2021. FracTracker Alliance has therefore completed an updated assessment of the Frontline Communities most impacted by oil and has projected the potential impact on oil and gas extraction operations. An interactive map of oil and gas activity and Frontline Communities is shown below in Figure 1. The map identifies the operational (active, idle, and new) oil and gas wells located within 2,500’ and 1 mile buffer zones from sensitive receptors, defined as homes, schools, licensed daycares and healthcare facilities.
The impacts of oil and gas drilling do not stop at 2,500’, as regional groundwater contamination and air quality degradation of ozone creation and PM2.5 concentrations are widespread hazards of oil and gas extraction. Phasing out wells within 2,500’ of homes will reduce the negative health effects for the Frontline Communities bearing the brunt of the risks associated with living near oil and gas wells, as well as reduce regional environmental hazards. These risks include over 24 categories of health impacts and symptoms associated with 14 bodily systems, including eyes, ears, nose, and throat; mental health; reproduction and pregnancy; endocrine; respiratory; cardiovascular and pulmonary; blood and immune system; kidneys and urinary system; general health; sexual health; and physical health among others. The most regularly documented health outcomes include mortality, asthma and respiratory outcomes, cancer risk including hematological (blood) cancer, preterm birth, low birth weight and other negative birth outcomes.
The interactive map below in Figure 1 shows the operational oil and gas wells located within 2,500’ of sensitive receptors, including homes, schools, healthcare facilities, prisons, and permitted daycares. Overall in the state of California, 16,724 operational (8,618 active, 7,786 idle, and 320 new) wells are located within the 2,500’ setback. Of the total ~105,000 operational (62,000 active, 37,400 idle, and 6,000 new), about 16% are within the setback. These wells accounted for 12.8% of the total oil/condensate produced in California in 2019. Table 1 below shows the counties where these wells are located, by well permit status. It bears noting that these figures on well location and production represent only a snapshot of current industry activity. As discussed below, current setback proposals would provide a phase out period for existing wells that would greatly reduce any immediate impact on production. Further, directional and even horizontal drilling is common in California, meaning operators can relocate their surface drilling equipment to safer distances and still access oil and gas reserves to maintain production.
Table 1. Status of wells within the 2,500’ setback zone, by county. The table shows the counts of wells located within the 2,500’ setback from homes and other sensitive receptors, broken out by the status of the wells.
Figure 1. Map of California operational oil and gas wells with 2,500’ and one mile setback distances. One mile setbacks are included as a minimum recommendation of this report based on peer reviewed literature. This report recommends the state of California consider one mile as a minimum setback distance to protect Frontline Communities. As you zoom into the map additional, more detailed layers will appear.
Methods (Quick Overview)
In this article we conducted spatial analyses using both the demographics of Frontline Communities and the amount of oil produced from wells near Frontline Communities. This assessment used CalGEM data (updated 10/1/20) to map the locations of operational oil and gas wells and permits, as shown above in Figure 1. The analyses of oil production data utilized CalGEM’s annual production data reporting barrels of oil/condensate. GIS analyses were completed using ESRI ArcGIs Pro Ver. 2.6.1 with data projected in NAD83 California Teale Albers.
Wells within 2,500’ and 1 mile of sensitive receptors were determined using GIS techniques. This report defines sensitive receptors as residences, schools, licensed child daycare centers, healthcare facilities. Sensitive receptor datasets were downloaded from California Health and Human Services, and the California Department of Education.
We used block group level “census designated areas” from American Community Survey (2013-2018) demographics to estimate counts of Californians living near oil and gas extraction activity. Census block groups were clipped using the buffered datasets of operational oil and gas wells. A uniform population distribution within the census blocks was assumed in order to determine the population counts of block groups within 2,500’ of an operational oil and gas well, 2,500’ to 1 mile from an operational well, and beyond 1 mile from an operational well. Census demographics and total population counts were scaled using the proportion of the clipped block groups within the setback area (Areal percentage = Area of block group within [2,500’; 2,500’-1 mile; Beyond 1 mile] of an operational well / Total area of block group).
This conservative approach provided a general overview of the count and demographics of Californians living near extraction operations, but does little to shed light on most impacted Frontline Communities; specifically urban areas with dense populations near large oil fields. More granular analyses at the local level were necessary to address the spatial bias resulting from non-uniform census block group dimensions and population density distributions, as well as the distribution of operational oil and gas wells within the census block groups. Consequently, we conducted further analysis utilizing customized sample areas for each oil field, which were selected manually using remote sensing data. Full census blocks were used to summarize the actual areas and the urban populations constituting the majority of Frontline Communities.
In the localized, static maps that follow, the census blocks included in the population summaries are shown in pink, while the surrounding census blocks are shown in blue. As seen in Table 2, census data for this initial environmental justice assessment was limited to “Race” (Census Table XO2), “Hispanic or Latino Origin” (Census Table XO3) and several other indicators including “Annual Median Income of Households” (Census Table X19) and “Poverty” (Census Table X17).
Results and Discussion
California Statewide Analysis
Demographics
As a baseline, it is important to provide statewide estimations to track the total number of Californians living near oil and gas extraction operations. This analysis showed that about 2.17 million Californians live within 2,500’ of an operational oil and gas well, and about 7.37 million Californians live within 1 mile. The demographics of these communities at and between these distances is shown below in Table 2, alongside demographic estimates of the California population living beyond 1 mile from an oil and gas well. Census block groups closer to oil and gas wells have higher proportions of Non-white (calculated by subtracting “White Only” from “Total Population”) and Latinx (“Hispanic or Latino Origin”) populations, as well as higher proportions of low-income households, based on both median annual income and poverty thresholds. The analysis show that communities living closer to oil and gas wells have higher percentages of non-white and Latinx populations when compared to the population living beyond 1 mile from an operational oil and gas wells. Communities closer to oil and gas wells are also more likely to be closer to the poverty threshold with lower median annual household incomes.
Table 2. The table shows statewide demographics at multiple distances from operational oil and gas wells. Included are estimates of the non-white and Latinx proportions of the populations within set distances from operational oil and gas wells. The percentage of populations within several poverty thresholds were also summarized, along with median annual household income and age.
CalEnviroScreen data, like U.S. Census data, is also aggregated at the census block group level. While this data can also suffer from the same spatial bias as the statewide analysis above, CES is still very useful to visualize and map the regional pollution burden to assess disparate impacts. The results of the analysis are shown below in Table 3. Counts of operational oil and gas wells for ranges of CES percentile scores. Higher percentiles represent increased environmental degradation or negative health impacts as specified. Of note, the majority of operational oil and gas wells are located in census tracts with the worst scores for air quality degradation and high incidence of low birth weight.
The large number of wells located in the 60-80th percentile rather than the worst (80-100th percentile) is a result of spatial bias, and the many factors that are aggregated to generate the CES Total Scores. These factors include relative affluence and other indicators of socio-economic status. The majority of the worst (80th-100 percentile for Total CES Score) census block groups are located in low-income urban census block groups, many in Northern California cities that do not host urban drilling operations.
This spatial bias results from edge effects of census block groups, where communities living near oil and gas extraction operations may not live in the same census block groups as the oil and gas wells, and are therefore not counted. The authors would recommend future analyses be designed that use CES data to assess disparate impacts in the census block groups most impacted by oil and gas extraction. Neighboring census block groups that do not physically contain operational wells still suffer the consequences of proximity.
For the asthma rankings, the majority of wells are located in the best CES 3.0 percentile (0-20th percentile) for Asthma. While there is much urban drilling in Los Angeles, the spatial bias in this type of analysis gives more weight to the majority of oil and gas wells that are located in rural areas, which historically have much lower asthma rates. This is a result of the very high incidence of asthma in cities without urban drilling such as the Bay Area and Sacramento (80-100th percentile).
Table 3. Counts of operational oil and gas wells in select CalEnviroScreen 3.0 indicators census tracts.
Operational Well Counts by CES3.0 Percentile
0-20%ile
20-40%ile
40-60%ile
60-80%ile
80-100%ile
PM2.5 Air Quality Degradation
5,708
4,237
16,614
7,089
69,987
Ozone Air Quality Degradation
2,238
5,435
6,107
9,898
79,957
Contaminated Drinking Water
1,019
1,675
53,452
6,214
41,206
High Incidence of Low Birth Weight
10,186
13,368
14,995
3,236
58,036
High Incidence of Asthma
40,247
19,827
18,902
4,867
19,792
Total CES 3.0
1,583
5,756
15,671
65,356
12,985
Spatial Bias
Using census data to assess the demographics of those communities most affected by oil and gas drilling can produce misleading results both because of how census designated areas (census tracts and block groups) are designed and because of the uneven distribution of residents within tracts. For example, the majority of Californians who live closest to high concentrations of oil and gas extraction, such as the Kern River oil field, do so in residentially zoned cities and urban settings. In most Frontline Communities the urban census designated areas do not actually contain many wellsites. Instead urban census designated areas are located next to the “estate” and “industrial” (including petroleum extraction) zoned census designated areas that contain the well-sites.
Estate and industrially zoned census designated areas contain the majority of well-sites in Kern County. They are much larger than residentially zoned areas with very low population densities and higher indicators of socioeconomic status. Population centers within the estate zoned areas are often located on the opposite end and farther from well sites than the lower income communities and communities of color living in the neighboring, residentially-zoned census designated areas (e.g., Lost Hills and Shafter). In these cases the statewide demographic summaries above misrepresent the Frontline Communities who are truly closest to extraction operations. Localized environmental justice demographics assessments can also be manipulated in this way.
For instance, The 2020 Kern County draft EIR (chapter 7 PDF pp. 1292-1305) used well counts aggregated by census tracts to conclude that wells in Kern County were not located in disparately impacted communities. Among other requirements for scientific integrity, the draft Kern EIR fails to take into account how the shape, size, and orientation of census designated areas affect the results of an environmental justice assessment. In addition, the EIR uses low-resolution data summarized at the census tract level. Census tracts are much too large to be used to investigate localized health impacts or disparities. Using these blatantly inadequate methods, the draft EIR even claimed Kern County’s oil and gas wells are predominantly located in higher income, white communities, which is outright wrong. For more specific criticisms of the Draft EIR read the FracTracker analysis of the 2020 Kern County EIR.
Results from these types of analyses can be very misleading. Using generalized methods of attributing wells to specific census designated areas does little to identify the communities most impacted by the localized environmental degradation resulting from oil and gas extraction operations, particularly when large census areas such as census tracts are used.
This report therefore takes a different approach, focusing directly on California’s most heavily drilled communities. To understand who and which communities are most harmed by the large-scale industrial oil and gas extraction operations in California, spatial analyses must be refined to focus individually on the communities closest to the highest density extraction operations. For the analyses below, census block groups within 2,500’ of ten different Frontline Communities, all located near some of California’s largest oil and gas fields, were manually identified. The selected block groups’ major population centers were all located within the 2,500’ buffers. Unlike the statewide analysis above, the localized analyses below do not assume homogenous population distributions. Using these methods, FracTracker has identified and demographically described some of the most vulnerable California communities most at risk to the impacts of oil and gas extraction. In the maps below, the “case” census block groups used to generate descriptive demographic summaries of at risk communities bordering extraction operations are outlined in pink, while surrounding census block groups are outlined in light blue.
Well Density
The analyses above are important to understand some of the public health risks of living near oil and gas drilling in California. Yet the methods above used statewide aggregation of well counts and static buffers that do not not show the spectrum of risk resulting from well density. Numerous Frontline Communities in California are within 1 mile or even 2,500’ of literally thousands of oil and gas wells. Conversely, there are many census areas in California that have been included within the spatial analysis of the full state, as described above, located near a single low producing well. Therefore the above methods conservatively summarize demographics and dilute the signal of disparate impacts for low income communities of color. Those methods are not able to differentiate between such scenarios as living near one low-producing well in the Beverly Hills golf course versus living in the middle of the Wilmington Oil Field.
As with any toxin, the dosage determines the intensity of the poison. In environmental sciences, increasing exposure to toxins by increasing the number of sources of a toxin can increase the dosage and therefore the severity of the health impact. The impact of well density has been documented in numerous epidemiological studies as a significant indicator of negative health outcomes, including recently published reports from Stanford University and The University of California – Berkeley linking adverse birth outcomes with living near oil and gas wells in California (Tran et. al 2020, Gonzalez et. al 2020). Therefore the rest of this report focuses on the Frontline Communities living near large oil extraction operations–i.e., oil fields with high densities of operational oil and gas wells.
Kern County
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Shafter
The City of Shafter, California, is located near more than 100 operational wells in the North Shafter oil field, as shown below in the map in Figure 2. Technically, the wells are located within a donut-shaped census block group (outlined in blue) that surrounds the limits of the urban census block groups (outlined in pink). Shafter’s population of nearly 20,000 is over 86% Latinx, but the surrounding “donut” with just 2,000 people is about 70% Latinx, much wealthier, and with very low population density. The other neighboring rural census areas housing the rest of the Shafter oil field wells follow this same trend.
An uninformed analysis, such as the Kern County EIR, would conclude that the 2,000 individuals who live within the blue “donut” are at the highest risk, because they share the same census designated area as the wells. Notably, the only population center of this census block group (or census tracts, which follow this same trend) is at the opposite end of the block group, farthest from the Shafter oil field. Instead, the most at-risk community is the urban community of Shafter with high population density; the census block groups within the pink hole of the donut contain the communities and homes nearest the North Shafter field.
Figure 2. The City of Shafter, California is located just to the south of the North Shafter oil field. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Lost Hills, Arvin, & Taft
The cities of Lost Hills, Arvin, and Taft are all very similar to Shafter. The cities have densely populated urban centers located within or directly next to an oil field. In the maps below in Figures 3 readers can see the community of Lost Hills next to the Lost Hills oil field. Lost Hills, like the densely populated cities of Arvin and Taft, are located very close to large scale extraction operations. Census block groups that include the most impacted area of Lost Hills is outlined in pink, while surrounding low population density census block groups are shown in blue. The majority of the areas outlined in blue are zoned as “estate” and “agriculture” areas. The outlines of the city boundaries are also shown, along with 2,500’ and 1 mile setback distances from currently operational oil and gas wells.
Lost Hills is another situation where a donut-shaped census area distorts the results of low resolution demographics assessments, such as the one conducted by Kern County in their 2020 Draft EIR (PDF pp. 1292-1305). Almost all of the wells within the Lost Hills oil fields are just outside of a 2,500’ setback, but the incredibly high density of extraction operations results in the combined impact of the sum of these wells on degraded air quality. While stringent setback distances from oil and gas wells are a necessary component of environmental justice, a 2,500’ setback on its own is not enough to reduce exposures and risk for the Frontline Community of Lost Hills. For these Frontline Communities, a setback needs to be much larger to reduce exposures. In fact, limiting a public health intervention to a setback requirement alone is not sufficient to address the environmental health inequities in Lost Hills, Shafter, and other similar communities.
Lost Hill’s nearly 2,000 residents are over 99% Latinx, and over 70% of the households make less than $40,000 in annual income (which is substantially less than the annual median income of Kern County households [at $52,479]). The map in Figure 3 shows that the Lost Hills public elementary school is located within 2,500’ of the Lost Hills oil field and within two miles of more than 2,600 operational wells, in addition to the 6,000 operational wells in the rest of the field.
The City of Arvin has 8 operational oil and gas wells within the city limits, and another 71 operational wells within 2 miles. Arvin, with nearly 22,000 people, is over 90% Latinx, and over 60% of the households make less than $40,000 in annual income.
Additionally the City of Taft, located directly between the Buena Vista and Midway Sunset Fields, has a demographic profile with a Latinx population at least 10% higher than the rest of southern Kern County.
Lost Hills, Arvin, and Taft are among the most impacted densely populated areas of Kern County and represent the most Kern citizens at risk of exposure to air quality degradation from oil and gas extraction.
In all of these cases, if only census tract well counts are considered, like in the 2020 Kern County draft EIR, these Frontline Communities will be completely disregarded. Census tracts are intentionally drawn to separate urban/residential areas from industrial/estate/agricultural areas. The census areas that contain the oil fields are very large and sparsely populated, while neighboring census areas with dense population centers, such as these small cities, are most impacted by the oil and gas fields.
Figure 3. The Unincorporated City of Lost Hills in Kern County, California is located within 2,500’ of the Lost Hills Oil Field. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Bakersfield
The City of Bakersfield is a unique scenario. It is the largest city in Kern County and as a result suburban developments surround parts of the city. Urban flight has moved much of the wealth into these suburbs. The suburban sprawl has occurred in directions including North toward the Kern River oil field, predominantly on the field’s western flank in Oildale and Seguro. In the map below in Figure 4, these areas are located just to the north of the Kern River.
This is a poignant example of the development of cheap land for housing developments in an area where oil and gas operations already existed; an issue that needs to be considered in the development of setbacks and public health interventions and policies. This small population of predominantly white, middle class neighborhoods shares similar risks as the lower-income Communities of Color who account for the majority of Bakersfield’s urban center. Even though these suburban communities are less vulnerable to the oppressive forces of systemic racism, real estate markets will continue to prioritize cheap land for development, moving communities closer to extraction operations.
Regardless of the implications of urban sprawl and suburban development, it is important to no disregard the risks to the demographics of the at-risk areas of the city of Bakersfield are predominantly Non-white (31%) and Latinx (60%), particularly as compared to the city’s suburbs (15% Non-white and 26% Latinx). About 33,000 people live in the city’s northern suburbs, and another 470,000 live in Bakersfield’s urban city center just to the south of the 16,500 operational wells in the Kern River, Front, and Bluff oil fields. The urban population of Bakersfield is a large Frontline Community exposed to the local and regional negative air quality impacts of the Kern River and numerous other surrounding oil fields.
Figure 4. Map of the city of Bakersfield in Kern County, California located between several major oil fields including the Kern Front oil field. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Southern California
Ventura
The City of Ventura and the proximity of the Ventura oil field is a similar situation to cities in Kern. The urban center of Ventura is bisected by the Ventura oil field’s nearly 1,200 operational wells. While over 70% of the city’s population is Latinx, the very sparsely populated census areas also containing portions of the oil field are 34% Latinx.
In the map below in Figure 5, take note of the population distribution within the portion of the city closest to the oil field versus the census areas to the east. While a statewide or less granular analysis would assume an evenly distributed population density, in this localized analysis, it is clear that the most vulnerable Frontline Communities are the urban centers closest to the oil fields. Even though the census blocks to the east contain oil and gas wells, the populations are less at risk because the population centers are located farther from the oil field.
Figure 5. Ventura Oil Field in Ventura, California census areas within the 2,500’ setback area. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Los Angeles
In Los Angeles County, Inglewood, Wilmington, Long Beach, and Los Angeles City are some of the largest oil and gas fields. There are many areas in Los Angeles where a single low-producing well is located in an upper middle class suburb, on a golf course, or next to the Beverly Hills High School.
While all well sites present sources of exposure to volatile organic compounds (VOCs) and other air toxics, these four oil fields have incredibly high densities of oil and gas wells in urban neighborhoods. The demographics of the Frontline Communities located within 2,500’ of these major fields are presented below in Table 4. These areas are additionally lower income communities; for example, over 50% of annual household incomes in the census areas surrounding the Los Angeles City oil field are below $40,000, while the Los Angeles County median annual income is over $62,000.
Table 4. Demographics for Frontline Communities living within 2,500’ of Los Angeles’s major oil and gas fields along with counts of operational wells in the fields are shown in the table. The demographic “Latinx” is the count of “Hispanic or Latino Origin” population, and “non-white” was calculated by subtracting “white only” from “total population.”
Oil Field
Well Count
Non-white (%)
Latinx (%)
Inglewood
914
62%
11%
Wilmington
2,995
56%
63%
Long Beach
687
50%
30%
Los Angeles City
872
69%
59%
Ventura
1,193
10%
72%
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Inglewood
Figure 6. Inglewood Oil Field Frontline Community, Inglewood, California census areas within a 2,500’ setback area. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Wilmington
Figure 7. Wilmington Oil Field Frontline Community, Wilmington, California census areas within a 2,500’ setback area. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Long Beach
Figure 8. Long Beach Oil Field Frontline Community, Long Beach, California census areas within a 2,500’ setback area. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Los Angeles City
Figure 9. Los Angeles City Oil Field Frontline Community census areas within a 2,500’ setback area. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Production
The creation of public health policies such as 2,500’ setbacks to help protect Frontline Communities is controversial in California as many state legislators are still beholden to the oil and gas industry. The industry itself pushes back strongly against any proposal that could affect their bottom line, no matter how insignificant the financial impact may be. When AB345 was proposed, the industry’s lobbying organization Western States Petroleum Association claimed that institution of 2500’ setbacks would immediately shut down at least 30% of California’s total oil production. This number is an outright fabrication.
As shown in Table 1 above, a 2,500’ setback would impact the less than 9,000 active and new wells; 42% in Kern County and 29% in Los Angeles County. Ventura and Orange Counties are a distant 3rd and 4th, respectively. These counts are further broken down by field in Table 5 below. Statewide these wells accounted for just 12.8% of California’s current oil production by volume (as reported in barrels of oil/condensate by CalGEM), which is much smaller than the wholly unsubstantiated 30% decline claimed by industry.
Table 5. Counts of wells by well status for operational (active, idle, and new) oil and gas wells located within a 2,500’ setback. Fields include the count of wells within the 2,500’ setback and the amount of oil produced from those wells within the setback. The percentage of total oil from that field is also included.
Oil Field
County
Well Count
Well Ct % of Total
2019 Oil Prod (BBLS)
Oil Prod % of Total
Wilmington
Los Angeles
2,514
83%
2,292,669
22%
Kern River
Kern
1,338
9%
2,121,071
12%
Inglewood
Los Angeles
891
97%
1,806,354
96%
Midway-Sunset
Kern
1,892
10%
1,614,081
8%
Ventura
Ventura
287
24%
1,202,764
31%
Long Beach
Los Angeles
687
100%
1,036,506
100%
Brea-Olinda
Los Angeles
695
97%
967,223
95%
Huntington Beach
Orange
528
83%
753,494
42%
Placerita
Los Angeles
448
100%
508,182
100%
Santa Fe Springs
Los Angeles
304
99%
421,719
72%
Cat Canyon
Santa Barbara
115
10%
418,697
36%
Beverly Hills
Los Angeles
156
100%
351,877
100%
McKittrick
Kern
334
18%
346,738
10%
Montebello
Los Angeles
227
98%
318,657
97%
Fruitvale
Kern
286
80%
316,184
75%
San Ardo
Monterey
180
13%
313,339
4%
Torrance
Los Angeles
219
100%
307,413
100%
Seal Beach
Los Angeles
175
88%
282,790
74%
Shafter, North
Kern
70
78%
267,256
66%
Edison
Kern
520
41%
261,098
39%
Brentwood
Contra Costa
4
100%
230,868
100%
Oxnard
Ventura
124
82%
214,884
100%
Sansinena
Los Angeles
162
100%
207,474
100%
Poso Creek
Kern
320
16%
193,533
4%
Rosecrans
Los Angeles
94
100%
174,720
100%
Rio Bravo
Kern
80
74%
166,444
82%
Richfield
Orange
231
100%
165,426
100%
Coyote, East
Orange
81
100%
163,639
100%
San Vicente
Los Angeles
48
100%
162,940
100%
In the case that setback regulations are crafted both to prohibit new drilling and to phase out existing operations within the setback distance, the industry would have the opportunity to respond with measures that preserve the majority of production volumes, particularly in the Central Valley. For example, in Kern County, the overwhelming majority of new wells drilled in 2020 are directional or horizontal; these drilling technologies would allow operators to access the same below ground resources from surface locations that are further away from and safer for communities. Further, for existing wells within the 2,500’ setback, current proposals would institute a phase out period. Existing wells could be allowed to continue to operate under the terms of their current permits but not allowed to expand or rework their operations to increase or extend production; alternatively (or in addition), well operators could continue for a prescribed timeframe formulated to allow them to recoup their investment (called “amortization”).
Los Angeles
It is clear that the oil fields of Los Angeles would be the most impacted if setbacks phased out the wells responsible for the highest risk to Frontline Communities. The majority of Los Angeles’s urban oil fields are located entirely within 2,500’ of homes, schools, healthcare facilities and daycares.
As shown above in Table 5, wells within the setback produce 96% of the oil in the Inglewood fields, 84% in the Long Beach field, and 100% of the oil in several other smaller fields. With the phase out of these wells, oil extraction would cease in these fields. Most of these fields produce very low volumes of oil and already have high counts of idle wells, 28% idle in Wilmington, 25% in Inglewood, and 56% in Long Beach for example. The sole outlier of this trend is the Wilmington field. The majority of production in the Wilmington field comes from wells located in the Long Beach harbor, enough of them located outside of the 2,500’ setback such that while 83% of the Wilmington field wells are within the 2,500’ setback, these wells account for only 22% of the field’s overall production.
Kern County
The situation in Kern County is quite the opposite of Los Angeles, where the majority of operational wells are located within 2,500’ of homes, residences, and other sensitive receptors like healthcare facilities. In Kern, the overwhelming majority of wells are located beyond 2,500’ and even 1 mile from sensitive receptors. While the Midway-Sunset and Kern River fields have the most wells within the 2,500’ setback area, those wells make up a small percentage of the total operational wells in the fields. As can be seen in the map in Figure 1, wells within the 2,500’ setback zone in the large Kern oil fields are entirely located on the borders of the fields. Overall, a 2,500’ setback in Kern County would only affect 7.1% of active/new wells, accounting for 5.97% of the county’s production.
The oil and gas industry and operators in states including Texas, Colorado, North Dakota, Pennsylvania, Ohio, West Virginia, New Mexico, and Oklahoma are very vocal of their ability to avoid surface disturbance and target oil and gas pools located under sensitive receptors (homes, schools, healthcare facilities, endangered species habitat etc.) using directional drilling. According to the industry, directional drilling has been used for nearly a century to extract resources from areas where surface disruption would impact sensitive communities and habitats.
The same is true for California, especially in Kern County and especially recently. An October 2020 draft environmental impact report by the Kern County Planning and Natural Resource Department disclosed that in a dataset of 9,803 wells drilled from 2000 to 2020 by the California Resources Corporation, the majority of wells were drilled directionally (46%) or horizontally (10%), as opposed to vertically. More recent wells in the County have utilized directional and horizontal drilling even more heavily: a 2020 dataset of wells drilled county-wide indicates that 76% were drilled directionally and an additional 7% were drilled horizontally; only 17% were drilled vertically. These statistics indicate that, even if all wells neighboring Frontline Communities in Kern County were to be phased out (itself a small percentage of the total number of wells in the county), there would only be a small impact on Kern County oil production owing to the prevalence of non-vertical techniques that allow operators the flexibility to access reserves from different surface locations. As noted previously, if all oil production from within the 2,500’ setback zone were to be immediately eliminated statewide, it would mean a maximum decrease of just 12.8% of California’s current annual oil production. But the availability of directional and horizontal drilling in Kern County, where the lion’s share of all drilling statewide occurs, means it is more likely that the decrease in production will be significantly less than 12.8% and likely much less than 10%.
Existing Well Phase Out
Any assertion that a 2,500’ setback would immediately affect oil production is baseless because current setback proposals would institute a phase out period for existing wells. For example, existing permitted wells could be allowed to continue to operate under the terms of their current permits but not allowed to expand or rework their operations to increase or extend production. Alternatively, under a policy approach known as amortization, well operators could continue for a prescribed timeframe formulated to allow them to recoup their investment.
If wells within the setback distance are phased out pursuant to a “no rework” policy, operators would be afforded some time to maximize production in order to ensure that operators receive a sufficient return on their investment under the terms of their existing permits before they shut down. Under such an approach, older wells with increasing risks of fugitive emissions through leaks at the surface and well casing failures could be sequentially phased out by placing a ban on rework permits not required for maintenance or safety. CalGEM permitted well reworks, including sidetracks and deeper drills, increase production and the lifespan of wells. The catalog of rework permits can be found on the CalGEM website.
Based on CalGEM’s production data from 2018 and 2019, a phase out effectuated by disallowing well reworks would result in an annual reduction of less than 1% of total oil production. Of the 52,997 wells reporting oil/condensate production volumes in 2018, 338 received a rework permit in the same year. In 2019, of the 48,860 wells reporting oil production volumes, 285 received rework permits. By volume, the wells that received rework permits accounted for 0.87% of oil production in 2018 and just 0.04% in 2019.
Conclusion
The oil and gas industry in California has consistently pushed back against Frontline Communities who demand public health protections against emissions from oil and gas operations. This occurs even when there will be little to no impact reducing production. It is an industry policy to refuse any concessions and oppose all measures, even to protect public health, by leveraging the industry’s wealth at every level of the political hierarchy.
Fatefully, 2020 has resulted in multiple wins for public health in California. While the failure of AB345 made it clear that the California state legislature is still beholden to the fossil fuel industry, the momentum has continued. Community grassroots groups in Ventura County successfully passed a 1,500’ setback ordinance for occupied dwellings and 2,500’ setbacks for sensitive receptor sites including healthcare facilities and schools. Just south of Ventura, the County of Los Angeles is also in the midst of a rule-making process that is considering multiple setbacks, including 1,000’ to 2,500’ distances. And a committee of the Los Angeles City Council just voted to develop a proposal that would phase out oil drilling across the city as a non-conforming use.
While Ventura and Los Angeles are making progress, Kern County is creating a new process to streamline oil and gas well permitting and has even proposed to decrease the existing zone-specific 300’ setbacks from homes to 210’.
Kern County Frontline Communities and the rest of California also deserve the same consideration as residents of Ventura and Los Angeles Counties. The research is clear that a setback of at least one mile in addition to more site specific public health interventions are necessary to reduce the negative health impacts resulting from these industrial operations within and neighboring Frontline Communities.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/12/CASetbacksMappic.jpg6141500Kyle Ferrar, MPHhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngKyle Ferrar, MPH2020-12-17 13:45:242021-04-15 14:16:02People and Production: Reducing Risk in California Extraction
FracTracker and Public Lab, with support from Save the Hills Alliance, produced “Undermined,” an audio story featuring interviews with three residents impacted by the Hi-Crush Mine in Augusta, Wisconsin.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/12/Undermined-feature2-scaled.jpg6671500FracTracker Alliancehttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngFracTracker Alliance2020-11-20 15:52:252021-06-22 11:21:42Undermined: Voices from the Frontlines of Frac Sand Mining
With this recent development, it is necessary to provide science-based recommendations for the EIR to prioritize the protection of the health of frontline communities. Frontline communities bear the most risk. Emissions from oil and gas infrastructure and exposure to water and soil contamination most affect those living closest. It is therefore vital for an EIR to institute protections that address these known and well-established sources of exposure. In addition, the EIR must prioritize a requirement by law that all regulatory information is equitably available and imparted to Frontline Communities; with Kern County, this means providing regulatory notices in Spanish, the predominantly spoken language in this area, according to household census data.
In preparation of the Kern County rule-making process, FracTracker Alliance has prepared new analyses of Kern County communities. These analyses have mapped and assessed the distribution of oil and gas wells within Kern County for proximity to sensitive receptors. This information is vital to understand how the “most drilled County” in the United States manages the risks associated with oil and gas extraction. According to CalGEM data updated September 1, 2020, there are 78,016 operational oil and gas wells countywide. Of these, 5,906 (7.6%) are within 2,500 feet of a sensitive receptor, receptors being homes, schools, healthcare facilities, child daycare facilities, and elderly care facilities. Thirty-six CHHS healthcare facilities and 35 schools in Kern County are within 2,500 feet of an operational oil and gas well. In fact, 646 operational wells are within 2,500 feet of a school in Kern County. Most of these at-risk, sensitive receptors are in Kern’s cities, large and small.
Table 1. Well Counts in Kern County
Most of the population of Kern County is in its cities. Unincorporated, rural areas of Kern County are in majority zoned for large estate landownership and agriculture, and have low population density, rather than designated for residential, single-family homes, apartments, developments, and mobile homes. Oil and gas extraction operations and well sites are dispersed throughout the county, including near and within the residentially-zoned areas of cities. Given that the county’s population density is highest in cities, these areas present the greatest public health risk for exposures to toxic emissions and spills from fossil fuel extraction operations. This analysis focuses specifically on the Frontline Communities of Kern County, where oil and gas extraction is occurring near city limits.
Table 2. Operational oil and gas well counts near cities and sensitive receptors.
Frontline Communities
These include Lost Hills, Lamont, Taft, Arvin, Shafter and Bakersfield. In Table 2 (above) are counts of operational wells within two miles of each city, along with demographic profiles for each incorporated/unincorporated city, based on American Community Survey (2013-2018) census data (downloaded from Census.gov). Population estimates are based on the ACS block groups. For block groups larger than city boundaries, the population was assumed to be within city limits, although in certain cases, such as Arvin, a small section of a block group was eliminated from the city demographic counts. This assumption is validated by the county and city zoning parcels. The maps below in Figures 1 – 6 show the municipal zoning parcels for these cities, with maps that include operational oil and gas wells. Note the proximity of residential- and urban-zoned parcels to oil and gas extraction in Kern County, and the difference in zoning between the cities and the rest of the county. Cities are zoned for residences, including apartments, single-family homes, and mobile homes. Most of the rest of the county is agriculture and estates, where predominantly wealthy residents and corporations own large holdings.
Figure 1. Municipal zoning boundaries of the City of Lost Hills.
Figure 2. Municipal zoning boundaries of the City of Lamont.
Figure 3. Municipal zoning boundaries of the City of Taft.
Figure 4. Municipal zoning boundaries of the City of Arvin.
Figure 5. Municipal zoning boundaries of the City of Shafter.
Figure 6. Municipal zoning boundaries of the City of Bakersfield.
Economic Disparity in Environmental Justice Communities
These six cities and their Frontline Communities experience a disparity of exposure to environmental pollutants, particularly emissions from oil and gas extraction operations — as well as pesticides, regionally degraded air quality (from ozone and particulate matter), and contaminated groundwater. Besides the risk disparity, these communities are also vulnerable from several other factors, including disparities in economic opportunity, demographics, and access to information.
Compared to the rest of Kern County, Frontline Communities in these unincorporated and incorporated cities have less financial opportunity. The maps in Figures 7 – 9 below show block groups and the proportions of the population with annual median incomes less than or equal to $40,000. This value was chosen because it is less than 80% of the countywide median income of $51,579 in 2018. For comparison, the statewide median income is $75,277. Lack of economic opportunity for these communities limits the ability to leverage financial resources to protect their community health and to maintain local-level financial independence from corporate influence. In Lost Hills, over 80% of the city block group closest to the Lost Hills Oil Field has a median income less than or equal to $40,000. The same trend is visible for Lamont, Taft, and Arvin. In Figure 9, the only section of Taft with higher annual median income is sparsely populated and predominantly open space, as confirmed in Figure 3. For the areas of Frontline Community block groups within 2,500 feet of an operational well, 36% of the population makes under $40,000; 80% of the Kern County annual median income is $41,000.
In the maps below, the American Community Survey data is summarized in percentages of one, where, for example, light orange (<.400) in the map refers to areas where 20% – 40% of the population’s annual median income is less than or equal to $40,000.
Table 3. Demographical Profile of each city, including the percentage of Spanish-speaking households and proportion of households with limited English proficiency.
Figure 7. Lost Hills income disparity: This map shows the population percentage with annual incomes of less than or equal to $40,000, which is less than 80% of the Kern median income of $51,579 (2018).
Figure 8. Lamont income disparity: This map shows the population percentage with annual incomes less than or equal to $40,000, which is less than 80% of the Kern median income of $51,579 (2018).
Figure 9. Taft income disparity: This map shows the population percentage with annual incomes less than or equal to $40,000, which is less than 80% of the Kern median income of $51,579 (2018).
Figure 10. Arvin income disparity: This map shows the population percentage with annual incomes less than or equal to $40,000, which is less than 80% of the Kern median income of $51,579 (2018).
Linguistic Isolation Disenfranchises Frontline Communities
Access to information is vital for representation. Without representation, communities have no power over their autonomy. Kern County’s Frontline Communities are denied this basic, but absolutely vital right. According to the U.S. Census, over 51% of Kern County is Hispanic, and the maps below show that the demographics of the Frontline Communities in these cities are regularly between 80 – 100% Hispanic. Additionally, the maps illustrate that the households in these communities are majority Spanish-speaking households, many with limited English proficiency (all persons aged five and older reported speaking English less than “very well”). Yet Kern County regulators only provide information, notices, and other materials in English. This linguistically segregates power in Kern County, limiting Spanish-speaking Kern residents and citizens from participating in local decision-making processes.
Using the five-year ACS census data (2018) clipped by the 2,500 feet well setback zone, I have calculated the percentage and number of Spanish-speaking households. For the areas of Frontline Community block groups within 2,500 feet of an operational well, 9,077 households (30.8%) speak Spanish as their primary language, and 1,900 households have limited access to proficient English translators.
Figure 11. Lost Hills Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the population is Hispanic.
Figure 12. Lost Hills Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 13. Lost Hills Limited English Spanish-speaking households: This map shows the household percentage that speak Spanish as their primary language, with limited English-speaking proficiency. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking and have limited English proficiency.
Figure 14. Lamont Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the populations is Hispanic.
Figure 15. Lamont Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 16. Lamont Limited English Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language, with limited English-speaking proficiency. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking and have limited English proficiency.
Figure 17. Taft Hispanic population demographics: The map shows the Hispanic percentage of the population. In these maps the American Community Survey data is summarized in percentages of 1, where, for example, light orange (<.400) in the map below refers to areas where 20%-40% of the populations is Hispanic.
Figure 18. Taft Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 19. Arvin Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the populations is Hispanic.
Figure 20. Arvin Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 21. Arvin Limited English Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language, with limited English-speaking proficiency. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking, with limited English proficiency.
Figure 22. Shafter Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the populations is Hispanic.
Figure 23. Shafter Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Figure 24. Bakersfield Hispanic population demographics: This map shows the Hispanic percentage of the population. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the populations is Hispanic.
Figure 25. Bakersfield Spanish-speaking households: This map shows the percentage of the households that speak Spanish as their primary language. In these maps, the ACS data is summarized in percentages of one, where, for example, light orange (<.400) refers to areas where 20% – 40% of the households are Spanish speaking.
Conclusions
These maps make it visually clear that the Frontline Communities near oil and gas extraction in Kern County are largely disenfranchised from the democratic process, a direct result of California’s regulatory agencies refusing to provide notices and other important documents and information in Spanish. Additionally, these same communities have limited options, due to economic disparities that make Kern County’s Frontline Communities the poorest in the state of CA. These two factors leveraged against communities prevent them from obtaining self-governance or autonomy over the industrialization occurring in and around their neighborhoods. Furthermore, the demarcations of census boundaries splitting the incorporated and unincorporated cities are essentially gerrymandered to disguise the blatant environmental inequities that exist in Kern County, in direct violation of the California Environmental Quality Act. Kern County must consider these injustices in the development of new environmental impact review requirements for oil and gas operators.
The following addendum incorporates additional demographics data that more thoroughly describes Frontline Communities in Kern County. We focus on the Frontline Communities closest to intense oil extraction operations. This analysis prioritizes areas with substantial population density. Remote sensing (satellite imagery) data and direct knowledge of Kern County cities was used to define the sample areas for this analysis. These techniques and methods avoid the type of spatial bias that distorted the results of the environmental justice (EJ) analysis inthe 2020 Kern County draft EIR (chapter 7 PDF pp.1292-1305).
2020 Kern County Draft EIR
The EJ analysis included in the 2020 Kern County Draft EIR uses the spatial bias of US census designated areas to generate false conclusions. The Draft EIR can do this in two ways:
First, the Draft EIR uses census tracts in the place of smaller census designated areas. The draft EIR states the county conducted, “an analysis of Kern County census tract five-year American Community Survey (ACS) demographic and poverty data for the period was conducted … and the five-year data is the most accurate form of ACS data, has the largest sample size, and is the only ACS data that covers tiny populations.” While this is true about the five-year data, the authors chose to analyze using census tracts, which are much too large to cover small populations. It is not clear why the authors would have chosen census tracts, rather than the higher resolution ‘census block groups’ ACS dataset, as both datasets are readily available from the US Census Bureau.
Additionally, the draft EIR limits the sociodemographic analysis to only census tracts that contain PLSS QTR/QTRS’s ranked as Tier 1, so that it does not include neighboring communities in different census tracts in the demographical analysis. As discussed in the draft EIR, Tier 1 areas contain four or more operational wells in a tiny area. The draft EIR explicitly states that Tier 1 Qtr(s) do not contain schools or healthcare facilities. This trend is not limited to just the Qtr/Qtr sections. The census tracts containing the Tier 1 sections contain very few sensitive receptors, like schools and healthcare facilities. This is because census tracts and other census designated areas are drawn specifically to differentiate between urban and rural/industrial areas. Census tracts containing oil fields cover large rural areas, and intentionally avoid areas with any significant population density. This results in donuts and other strange shapes, where communities in much smaller census tracts (by area) are enveloped by large rural census tracts containing oil fields. As shown in the maps below, this eliminates all communities with any real population density from the draft EIR EJ analysis, even though they are the communities nearest to the oil fields.
In the maps below, census tracts are compared to census block groups, to show the difference in size and nature of their spatial distribution. In most cases, census tracts encompassing populated areas are tiny, and limited to the urban boundaries of cities. In the cases of Shafter and Arvin, the residential census tracts are encircled by a different donut-shaped census tract, actually containing most of the operational wells and oil fields. While the census tracts of the Frontline Communities are within very short distances of operational oil and gas wells and major fields at large, most communities are not included in the Kern 2020 draft EIR EJ analysis. With Lost Hills, the city of Lost Hills is within the same census tract as the Lost Hills oil field and several other extensive oil fields. The city of Lost Hills is the closest community to oil extraction operations in the census tract, and the small city contains just over 50% of the total population within this massive census tract. But because of the sheer size of the census tract, demographics of this Frontline Community are diluted by the vast rural area of northwestern Kern County, which is higher income with demographics 10% less Latino.
Map A1. Arvin Census Designated Areas. The map shows the city of Arvin and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells in the map, along with 2,500’ buffers. This Frontline Community would be excluded in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The census tracts that make up the majority of the city of Arvin are enveloped on all four sides by one larger census tract that contains most oil and gas wells.
Map A2. Shafter Census Designated Areas. The map shows the city of Shafter and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells in the map, along with 2,500’ buffers. This Frontline Community would not be included in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The census tract containing the North Shafter oil field forms a donut around the city of Shafter.
Map A3. Lost Hills Census Designated Areas. The map shows the city of Lost Hills and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells, along with 2,500’ buffers. While the city of Lost Hills may be included in the 2020 Kern draft EIR EJ analysis, the results will not reflect the demographics of the community due to the incredibly large size of the census tract. It does not even entirely fit in the frame of this map!
Map A4. Bakersfield Census Designated Areas. The map shows the city of Bakersfield and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells, along with 2,500’ buffers. This Frontline Community would not be included in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The oil and gas wells in the Kern River, Kern Front and other oil fields make up their own unique census tract that also includes extensive areas of rural ‘estate’ zoned lands.
Demographics Analysis
In the initial report below we analyzed the demographics and linguistic isolation of communities who live within 2,500’ of operational oil and gas wells. We found that the urban census block groups closest to Kern’s major oil and gas fields are some of the most linguistically isolated regions in the country. Densely populated block groups near large oil fields in the cities of Lost Hills, Arvin, Lamont and Weepatch suffer from linguistic isolation, where up to 80% of households do not have a proficient english speaker. In the analysis that follows, we focus more on specific Frontline Communities. Generating county-wide statistics using census block groups could result in too much spatial bias. Census designated areas do not have enough uniformity, and those located in and near oil fields are large in area (though would still provide a more accurate picture in comparison to census tracts). Therefore the analyses that follow take a community-centric approach to more accurately describe the demographics of several of Kern’s largest, most populous, Frontline Communities.
Shafter
The City of Shafter, California, is near over 100 operational wells in the North Shafter oil field, as shown below in the map in Figure 2. Technically, the wells are within a donut-shaped census block group (outlined in blue) that surrounds the limits of the urban census block groups (outlined in pink). Shafter’s population of nearly 20,000 is over 86% Latinx, but the surrounding “donut” with just 2,000 people is about 70% Latinx, much wealthier, and with very low population density. The other neighboring rural census areas housing the rest of the Shafter oil field wells follow this same trend.
An uninformed analysis, such as the Kern County EIR, would conclude that the 2,000 individuals who live within the blue “donut” are at the highest risk, because they share the same census designated area as the wells. Notably, the only population center of this census block group (or census tracts, which follow this same trend) is at the opposite end of the block group, far from the Shafter oil field. Instead, the most at-risk community is the urban community of Shafter with high population density; the census block groups within the pink hole of the donut contain the communities and homes nearest the North Shafter field.
Map A5. The City of Shafter, California is located just to the south of the North Shafter oil field. The map shows the 2,500’ setback distance in tan, as well as the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Lost Hills, Arvin, and Taft
The cities of Lost Hills, Arvin, and Taft are all very similar to Shafter. The cities have densely populated urban centers within or directly next to an oil field. In the maps below in Figures 3 readers can see the community of Lost Hills next to the Lost Hills oil field. Lost Hills, like the densely populated cities of Arvin and Taft, are located very close to large scale extraction operations. Census block groups that include the most affected area of Lost Hills, outlined in pink, while surrounding low population density census block groups are shown in blue. Most of the areas outlined in blue are zoned as “estate” and “agriculture” areas. The outlines of the city boundaries are also shown, along with 2,500’ and mile setback distances from currently operational oil and gas wells.
Lost Hills is another situation where a donut-shaped census area distorts the results of low resolution demographics assessments, such as the one conducted by Kern County in their 2020 Draft EIR (PDF pp. 1292-1305). Almost all of the wells within the Lost Hills oil fields are just outside of a 2,500’ setback, but the incredibly high density of extraction operations results in the combined impact of the sum of these wells on degraded air quality. While stringent setback distances from oil and gas wells are a necessary component of environmental justice, a 2,500’ setback on its own is not enough to reduce exposures and risk for the Frontline Community of Lost Hills. For these Frontline Communities, a setback needs to be much larger to reduce exposures. In fact, limiting a public health intervention to a 2,500′ setback requirement alone is not sufficient to address the environmental health inequities in Lost Hills, Shafter, and other similar communities.
Lost Hill’s nearly 2,000 residents are over 99% Latinx, and over 70% of the households make less than $40,000 in annual income (which is substantially less than the annual median income of Kern County households [at $52,479]). The map in Figure A6 shows that the Lost Hills public elementary school is within 2,500’ of the Lost Hills oil field and within two miles of over 2,600 operational wells, besides the 6,000 operational wells in the rest of the field.
The City of Arvin has 8 operational oil and gas wells within the city limits, and another 71 operational wells within 2 miles. Arvin, with nearly 22,000 people, is over 90% Latinx, and over 60% of the households make less than $40,000 in annual income.
Additionally the City of Taft, located directly between the Buena Vista and Midway Sunset Fields, has a demographic profile with a Latinx population at least 10% higher than the rest of southern Kern County.
Lost Hills, Arvin, and Taft are among the most affected communities of Kern County and represent a large proportion of the Kern citizens at risk of exposure to localized air quality degradation from oil and gas extraction.
In these cases, if only census tract well counts are considered, like in the 2020 Kern County draft EIR, these Frontline Communities will be completely disregarded. Census tracts are intentionally drawn to separate urban/residential areas from industrial/estate/agricultural areas. The census areas that contain the oil fields are very large and sparsely populated, while neighboring census areas with dense population centers, such as these small cities, are most impacted by the oil and gas fields.
Map A6. The Unincorporated City of Lost Hills in Kern County, California is within 2,500’ of the Lost Hills Oil Field. The map shows the 2,500’ setback distance in tan, and the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
Bakersfield
The City of Bakersfield is a unique scenario. It is the largest city in Kern County and as a result suburban developments surround parts of the city. Urban flight has moved much of the wealth into these suburbs. The suburban sprawl has occurred in directions including North toward the Kern River oil field, predominantly on the field’s western flank in Oildale and Seguro. In the map below in Map A7, these areas are located just to the north of the Kern River.
This is a poignant example of the development of cheap land for housing developments in an area where oil and gas operations already existed; an issue that needs to be considered in the development of setbacks and public health interventions and policies. This small population of predominantly white, middle class neighborhoods shares similar risks as the lower-income Communities of Color who account for most Bakersfield’s urban center. Even though these suburban communities are less vulnerable to the oppressive forces of systemic racism, real estate markets will continue to prioritize cheap land for development, moving communities closer to extraction operations.
Regardless of the implications of urban sprawl and suburban development,it is important to not disregard environmental risks for all communities. The demographics of the at-risk areas of the city of Bakersfield are predominantly Non-white (31%) and Latinx (60%), particularly as compared to the city’s suburbs (15% Non-white and 26% Latinx). About 33,000 people live in the city’s northern suburbs, and another 470,000 live in Bakersfield’s urban city center just to the south of the Kern River oil field. The urban population of Bakersfield is exposed to the local and regional negative air quality impacts of the Kern River and numerous other surrounding oil fields making it a disparately impacted community.
Map A7. Map of the city of Bakersfield in Kern County, California between several major oil fields including the Kern Front oil field. The map shows the 2,500’ setback distance in tan, and the census block groups in both pink and blue. Pink block groups show the urban case populations used to generate the demographic summaries.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/09/Pump_Jack_at_the_Lost_Hills_Oil_Field_In_Central_California-feature.jpg8331875Kyle Ferrar, MPHhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngKyle Ferrar, MPH2020-09-16 19:45:072021-04-15 14:16:08Recommendations for an EIR to prioritize Kern County Frontline Communities
By Emma Vieregge, FracTracker Summer 2020 Environmental and Health Fellow
Overview
Unconventional oil and natural gas development, or “fracking,” began in Pennsylvania in the early 2000s. Since then, over 12,000 unconventional wells have been drilled in the state, and over 15,000 violations have been documented at unconventional well sites. As fracking operations continue to expand, increasing numbers of residents have experienced significant health impacts and irreparable damage to their property. Southwest Pennsylvania in particular has been heavily impacted, with high concentrations of oil and gas infrastructure developed in Washington, Greene, and Fayette Counties.
Fracking operations have led to declining air quality, water and soil contamination, and drastic changes to the physical landscape including deforestation, habitat fragmentation, road construction, and damaged farmland. While the volume of scientific literature about the physical and mental health impacts of fracking is rising, few studies exist that specifically focus on residents’ perceptions of the changing physical landscape. The primary goal of this qualitative study was to identify residents’ attitudes about the changing physical landscape resulting from fracking operations. Furthermore, how have these landscape changes affected residents’ engagement with the outdoors and their overall health?
Mental health, green spaces, and a changing landscape
Many scientific studies have documented the relationship between fracking developments and mental health, and between mental health and access to green spaces and engagement with the outdoors. Peer-reviewed studies have looked at heavily fracked communities across the US, many of which focus on Pennsylvania residents. Methods typically involve one-on-one interviews, larger focus groups, surveys, or a combination of the three, to identify how living amongst oil and gas operations takes a toll on everyday life. These studies have found an increase in stress and anxiety, feelings of powerlessness against the oil and gas industry, social conflicts, sleep disturbances, and reduced life satisfaction. Additionally, residents have experienced disruptions in their sense of place and social identity. For a summary of published research about the mental health impacts from fracking, click here.
A healthy strategy many choose to cope with stress and anxiety is engagement in outdoor recreation. Having easily accessible “green spaces,” or land that is partly or completely covered with grass, trees, shrubs, or other vegetation such as parks and conservation areas have been shown to promote physical and mental health. Many scientific studies have identified significantly fewer symptoms of depression, anxiety, and stress in populations with higher levels of neighborhood green space.1 Additionally, green spaces can aid recovery from mental fatigue and community social cohesion.2 3 However, residents in Southwestern Pennsylvania may slowly see their access to green spaces and opportunities for outdoor recreation decline due to the expansion of fracking operations. Figure 1 below shows a visual representation of the interconnected relationship between fracking, access to green spaces, and negative mental health impacts.
Figure 1. The interconnected relationship between fracking operations, landscape changes and decreasing access to outdoor recreation, and negative mental health impacts.
In the last 10-15 years, fracking operations in Southwest Pennsylvania have exploded. The development of new pipelines, access roads, well pads, impoundments, and compressor stations is widespread and altering the physical landscape. Figure 2 below illustrates just one of many examples of landscape disruption caused from fracking operations.
Figure 2. Examples of changes in the physical landscape caused from fracking operations in Greene County (A) and Washington County (B), Pennsylvania. Images taken from Google Earth.
Additionally, this time-slider map (Figure 3) illustrates a larger scale view of landscape changes in Greene County, Pennsylvania in a region just east of Waynesburg.
Figure 3. Time-slider map of a region in Greene County, PA where the left portion of the map is imagery from 2005, and the right portion of the map is from 2017. Active oil and gas wells are indicated by a blue pin, and compressor stations are in green.
Study design
A qualitative study was conducted to answer the following research questions:
What are residents’ perception of the landscape changes brought about by fracking?
Have these landscape changes caused any mental health impacts?
Have changes to the physical landscape from oil and gas operations resulting in any changes in engagement with outdoor recreation?
To better understand these topics, residents living in Southwestern Pennsylvania were recruited to participate in one-on-one phone interviews, and an online survey was also distributed throughout the FracTracker Alliance network. Recruitment for the one-on-one phone interviews was accomplished through FracTracker’s social media, and email blasts through other partnering organizations such as Halt the Harm Network, People Over Petro, and the Clean Air Council. Similarly, the online survey was shared on FracTracker’s social media and also distributed through our monthly newsletter. Since this was not a randomized sample to select participants, these results should not be generalized to all residents living near oil and gas infrastructure. However, this study identifies how certain individuals have been impacted by the changing landscape brought about by fracking operations.
Eight residents completed phone interviews, all of whom resided in Washington County, PA. Residents were first asked how long they have lived in their current home, and if there was oil and gas infrastructure on or near their property. Oil and gas infrastructure was defined as well pads, compressor stations, pipelines, ponds or impoundments, or access roads. Next, residents were asked if they had any health concerns regarding fracking operations and gave personal accounts of how fracking operations have altered the physical landscape near their home and in their surrounding community. For those with agricultural land, additional questions were asked about fracking’s impact on residents’ ability to use their farmland. Lastly, residents were asked questions focused on engagement in outdoor recreation and if fracking had any impact on outdoor recreation opportunities. NVivo, a qualitative analysis software, was used identify emergent themes throughout the interviews,
In addition to the interviews, an online survey was also made available.The main purpose of the survey was to gauge where concerns about landscape changes from fracking operations fell in relation to other oil and gas impacts (i.e. air pollution, water contamination, excess noise and traffic, and soil contamination). Nine responses were recorded, and the results are discussed below. However, if you would like to add your thoughts, you can find the survey at https://www.surveymonkey.com/r/Z5DCWBD.
Main findings and emergent themes
Various emergent themes surrounding the oil and gas industry’s impact on public health and the environment were identified throughout the resident interviews. Residents shared their personal experiences and how they have been directly impacted by fracking operations, especially with reference to the changing physical landscape surrounding their homes and throughout their communities. Participants’ time of residence in Washington County ranged from 3 years to their entire life, and all participants had oil and gas infrastructure (well pad, pipelines, impoundment, access roads, or compressor station) on or next to their property.
Changes to the physical landscape and residents’ attitudes toward the altered environment
The first overarching theme was changes to the physical landscape and residents’ attitudes toward the altered environment. All interview participants expressed concerns about the changes to the physical landscape on or surrounding their property, especially regarding access roads and well pads. Although one participant mentioned that widening the township road in order to make room for fracking trucks benefited the local community, the majority of participants expressed frustration about the construction of access roads, excessive truck traffic, noise, and dust from the unpaved access roads. One individual stated, “My main concern is the dust from the road. I’m constantly breathing that in, and it’s all over my shed, on the cars, the inside of the house, the outside of the house.” Multiple participants discussed the oil and gas operations disrupting what was once peaceful farmland with beautiful scenery (see an example in Figure 4 below). Another individual stated, “And of course, the noise is just unbearable. They don’t stop…the clanging on the pipe, the blow off with the wells, pumps running, generators, trucks coming down the hill with their engine brakes on, blowing their horn every time they want another truck to move.”
Figure 4. Aerial view of oil and gas infrastructure next to a home in Scenery Hill, PA. Image courtesy of Lois Bower-Bjornson from the Clean Air Council.
Impacts to outdoor recreation activities
Impacts to outdoor recreation activities such as hunting, fishing, and hiking were another recurring theme throughout the interviews. Again, a majority of participants believed their opportunities to partake in outdoor recreation have been limited since fracking operations began in their area.
Among the top concerns was deteriorating air quality and increasing numbers of ozone action days, or days when the air quality index (AQI) for ozone reaches an unhealthy level for sensitive populations. Various participants expressed concerns about letting their children outside due to harmful air emissions and odors originating from well pads or compressor stations. Excessive truck traffic was also a safety concern that was mentioned, especially for those individuals with access roads on or neighboring their property.
Additionally, one individual noted landscape changes in areas commonly used for hiking stating, “You might be hiking along a trail and then realize that you’re no longer on the trail. You’re actually on a pipeline cut. Or you’ll get confused while you’re hiking because you’ll intersect with a road that was developed for a well pad, and it’s not on your map.” Along with hiking, participants also noted a change in hunting and fishing opportunities since fracking moved into the region. Concerns were expressed regarding harvesting any fish or wild game due to possible contamination from fracking chemicals, especially near watersheds with known chemical spills.
Going for a hike and immersing oneself in nature is a healthy way to unwind and relieve stress. However, a rising number of well pads and compressor stations are put in place near parks, hiking trails, and state game lands throughout Southwest Pennsylvania (Figure 5). Participants expressed concerns about feeling unable to escape oil and gas infrastructure, even when visiting these recreational areas. As one individual mentioned, “It really does change your experience of the outdoors. And, you know, it’s an area that’s supposed to be a protected natural area. Then you know you can’t really get away. Even there in public lands far away from buildings and roads. And you can’t really get away from it.”
Figure 5. A map of active oil and gas well pads and compressor stations in Washington County, Pennsylvania. Map layers also indicate wells pads and compressor stations within 1 mile of a park, hiking trail, ball park, or state game land.
But what are the mental health impacts that result from the changing physical landscape brought about by fracking? Aside from the physical health effects caused by fracking activity — such as respiratory illnesses from air pollution or skin irritation from contaminated well water — these landscape changes have taken a toll on participants’ mental health as well.
Sentimental value and emotional distress
Many participants described the sentimental value of their property, and the beautiful scenery surrounding their generational family farms. But after fracking began on neighboring property, witnessing their tranquil family farm suddenly become surrounded by dusty access roads, excessive truck traffic, noise, and deteriorating air quality took a serious emotional and mental toll. When asked about the impact of the changing landscape, one participant stated, “It’s the emotional part of watching her childhood farm being destroyed while she is trying to do everything she can to rebuild it to the way it used to be.”
An additional emergent theme surrounding fracking landscape changes was surrounding agricultural impacts. Participants with agricultural land were asked additional questions about fracking’s impacts on their ability to use their farmland. One individual noted that one of their fields was now unusable due to large rocks and filter fabrics left from construction of a well pad, and redirected runoff uphill of their fields. The loss of productive farmland has further contributed to the mental and emotional stress. One participant added, “Our house is ruined, our health is ruined, and our farms are ruined.” In addition to agricultural impacts on large farms, multiple participants also mentioned concerns about their smaller-scale gardens, citing uncertainty about the impacts of air pollution and soil contamination on their produce.
Feelings of powerlessness and social tension
Some participants mentioned feelings of powerlessness against the oil and gas industry. Many families were not consulted prior to fracking operations beginning adjacent to their property. In some cases, this has resulted in significant declines in property values, leaving residents with no financial means to escape oil and gas activity. It is important to note that many residents are given temporary financial incentives to allow fracking on their land. However, to some, the monetary compensation failed to make up for the toll fracking took on their physical and mental health. Lastly, some participants also mentioned feeling stress and anxiety from the social tension resulting from fracking. Debates about the restrictions and regulations on fracking have divided many communities, leading to conflicts and social tensions between once-amiable neighbors.
Survey results
In addition to the interviews, an online survey was distributed to gain more insight as to where concerns about the changing physical landscape fell in relation to other effects associated with oil and gas development (such as poor air quality, water or soil contamination, truck traffic, and noise).
Nine individuals responded to the survey, all of whom indicated having oil and gas infrastructure within five miles of their home. All respondents also indicated that they participated in a wide variety of outdoor recreation activities such as hiking, wildlife viewing/photography, camping, hunting, and fishing.
Interestedly, only five respondents stated they felt fracking had a negative impact on their health, three responded they were unsure, and one responded no. However, all participants felt fracking had a negative impact on their surrounding environment. When discussing outdoor recreation, eight of nine respondents stated they felt fracking limited their access to outdoor recreation opportunities.
Next, respondents indicated that the level of concern related to the changing landscape brought about by fracking was equal to concerns about air pollution, water and soil contamination, noise, and truck traffic (using a 5-point likert scale). Lastly, one respondent stated that they closed their outdoor recreation tourism business due to blowdown emission (the release of gas from a pipeline to the atmosphere in order to relieve pressure in the pipe so that maintenance or testing can take place) and noise from fracking operations.
Conclusion and future directions
In summary, fracking operations have deeply impacted these individuals living in Washington County, Pennsylvania. Not only do residents experience deteriorating air quality, water contamination, and physical health effects, but the mental and emotional toll of witnessing multigenerational farms become forever changed can be overbearing. Other mental health impacts included rising social tensions, feelings of powerlessness, and continuous emotional distress. Fracking operations continue to change the physical landscape, tarnishing Southwest Pennsylvania’s natural beauty and threatening access to outdoor recreation opportunities. Unfortunately, those not living in the direct path of fracking operations struggle to grasp the severity of fracking’s impact on families living with oil and gas infrastructure on or near their property. More widespread awareness of fracking’s impacts is needed to educate communities and call for stricter enforcement of regulations for the oil and gas industry. As one resident summed up their experiences,
“Engines are running full blast, shining lights, and just spewing toxins out there. And you can’t get away from it. You just can’t. You can’t drink the water. You can’t breathe the air. You can’t farm the ground. And you’re stuck here.”
Hopefully, shedding light on residents’ experiences such as these will bring policymakers to reconsider fracking regulations to minimize the impact on public health and the surrounding environment.
By Emma Vieregge, FracTracker Summer 2020 Environmental and Health Fellow
Acknowledgements
The 2020 Environmental Health Fellowship was made possible by the Community Foundation for the Alleghenies and the Heinz Endowments.
Many thanks to all participants who took the time to share their experiences with me, Lois Bower-Bjornson with the Clean Air Council, Jessa Chabeau at the Southwest Pennsylvania Environmental Health Project, and the FracTracker team for all of their feedback and expertise.
Feature image courtesy of Lois Bower-Bjornson from the Clean Air Council.
References:
1 Beyer, K., Kaltenbach, A., Szabo, A., Bogar, S., Nieto, F., & Malecki, K. (2014). Exposure to Neighborhood Green Space and Mental Health: Evidence from the Survey of the Health of Wisconsin. International Journal of Environmental Research and Public Health,11(3), 3453-3472. doi:10.3390/ijerph110303453
2 Berman, M. G., Kross, E., Krpan, K. M., Askren, M. K., Burson, A., Deldin, P. J., . . . Jonides, J. (2012). Interacting with nature improves cognition and affect for individuals with depression. Journal of Affective Disorders,140(3), 300-305. doi:10.1016/j.jad.2012.03.012
3 Maas, J., Dillen, S. M., Verheij, R. A., & Groenewegen, P. P. (2009). Social contacts as a possible mechanism behind the relation between green space and health. Health & Place,15(2), 586-595. doi:10.1016/j.healthplace.2008.09.006
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/08/Fracking-SW-PA-feature-Lois-Bower-Bjornson-scaled.jpg6671500Intern FracTrackerhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngIntern FracTracker2020-08-20 11:07:572021-04-28 11:54:19Landscape Changes and Mental Health Impacts in Southwestern Pennsylvania Communities: A Qualitative Study
By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development
The oil and gas industry continues to use rhetoric focusing on national security and energy independence in order to advocate for legislation to criminalize climate activists. Backlash against protestors and environmental stewards has only increased since the onset of COVID-19, suggesting that industry proponents are exploiting this public health crisis to further their own dangerous and controversial policies.[1]
Industry actors contributing to the wave of anti-protest bills include American Petroleum Institute (API), IHS Markit, The American Fuel & Petrochemical Manufacturers (AFPM), and most effectively, the American Legislative Exchange Council (ALEC), by way of its primary financial backer, Koch Industries (Fang, 2014, Shelor, 2017).
ALEC is the source of the model legislation “Critical Infrastructure Protection Act” of 2017, intended to make it a felony to “impede,” “inhibit,” “impair,” or “interrupt” critical infrastructure operation and/or construction. Close approximations – if not exact replicas – of this legislative template have been passed in 11 hydrocarbon rich and/or pathway states, and 8 more are being debated in 4 additional states.
The “critical infrastructure” designation in ALEC’s “Critical Infrastructure Protection Act” is extremely broad, including over 70 pieces of infrastructure, from wastewater treatment and well pads, to ports and pipelines. However, along with the 259 Foreign Trade Zones (FTZ) (Figures 1 and 4) supervised by US Customs and Border Protection (CBP), security is of such importance because over 50% of this infrastructure is related to oil and gas. According to our analysis, there are more than 8,000 unique pieces of infrastructure that fall under this designation, with over 10% in the Marcellus/Utica states of Ohio, West Virginia, and Pennsylvania. See Figure 1 for the number of FTZ per state.
Regarding FTZ, the US Department of Homeland Security doesn’t attempt to hide their genuine nature, boldly proclaiming them “… the United States’ version of what are known internationally as free-trade zones … to serve adequately ‘the public interest’.” If there remains any confusion as to who these zones are geared toward, the US Department of Commerce’s International Administration (ITA) makes the link between FTZ and the fossil fuel industry explicit in its FTZ FAQ page, stating “The largest industry currently using zone procedures is the petroleum refining industry.” (Figure 2)
Figure 1. Number of Foreign-Trade Zones (FTZ) by state as of June 2020.
Figure 2. Foreign-Trade Zone (FTZ) Board of Actions in Zones 87 in Lake Charles, LA, 115-117 in and around Port Arthur, TX, and 122 in Corpus Christi, TX. (click on the images to enlarge)
Foreign-Trade Zone (FTZ) Board of Actions in Zone 87 in Lake Charles, Louisiana
Foreign-Trade Zone (FTZ) Board of Actions in Zones 115-117 in and around Port Arthur, Texas
Foreign-Trade Zone (FTZ) Board of Actions in Zone 122 in Corpus Christi, Texas
Much of the oil, gas, and petrochemical industries’ efforts stem from the mass resistance to the Dakota Access Pipeline (DAPL). Native American tribes and environmental groups spent months protesting the environmentally risky $3.78 billion dollar project, which began production in June 2017, after Donald Trump signed an executive order to expedite construction during his first week in office. The Standing Rock Sioux tribe also sued the US government in a campaign effort to protect their tribal lands. The world watched as Energy Transfer Partners (ETP), the company building the pipeline, destroyed Native artifacts and sacred sites, and as police deployed tear gas and sprayed protesters with water in temperatures below freezing.
ETP’s bottom line and reputation were damaged during the fight against DAPL. Besides increasingly militarized law enforcement, the oil and gas industry has retaliated by criminalizing similar types of protests against fossil fuel infrastructure. However, the tireless work of Native Americans and environmental advocates has resulted in a recent victory in March 2020, when a federal judge ordered a halt to the pipeline’s production and an extensive new environmental review of DAPL.
Just days ago, on July 6, 2020, a federal judge ruled that DAPL must shut down until further environmental review can assess potential hazards to the landscape and water quality of the Tribe’s water source. This is certainly a victory for the Standing Rock Sioux Tribe and other environmental defenders, but the decision is subject to appeal.
Since the DAPL conflict began, the industry has been hastily coordinating state-level legislation in anticipation of resistance to other notable national gas transmission pipelines, more locally concerning projects like Class II Oil and Gas Waste Injection Wells, and miles of gas gathering pipelines that transport increasing streams of waste – as well as oil and gas – to coastal processing sites.
The following “critical infrastructure” bills have already been enacted:
STATE
BILL
TITLE
DATE PASSED
West Virginia
HB 4615
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
3/25/20
South Dakota
SB 151
NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE
3/18/20
Kentucky
HB 44
NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE
3/16/20
Wisconsin
AB 426
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
11/21/19
Missouri
HB 355
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
7/11/19
Texas
HB 3557
NEW CRIMINAL AND CIVIL PENALTIES FOR PROTESTS AROUND CRITICAL INFRASTRUCTURE
6/14/19
Tennessee
SB 264
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
5/10/19
Indiana
SB 471
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
5/6/19
North Dakota
HB 2044
HEIGHTENED PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
4/10/19
Louisiana
HB 727
HEIGHTENED PENALTIES FOR PROTESTING NEAR A PIPELINE
5/30/18
Oklahoma
HB 1123
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
5/3/17
There are an additional eight bills proposed and under consideration in these six states:
STATE
PENDING
TITLE
DATE PROPOSED
Louisiana
HB 197
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
2/24/20
Minnesota
HF 3668
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
2/24/20
Mississippi
HB 1243
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
2/19/20
Alabama
SB 45
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
2/4/20
Minnesota
HF 2966
NEW PENALTIES FOR PROTESTS NEAR OIL AND GAS PIPELINES
1/31/20
Minnesota
SF 2011
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
3/4/19
Ohio
SB 33
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
2/12/19
Illinois
HB 1633
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
1/31/19
Desperate Backlash Against Peaceful Protest
Activists and organizations like the American Civil Liberties Union (ACLU) are framing their opposition to such legislation as an attempt to stave off the worst Orwellian instincts of our elected officials, whether they are in Columbus or Mar-a-Lago. On the other hand, industry and prosecutors are framing these protests as terroristic acts that threaten national security, which is why sentencing comes with a felony conviction and up to ten years in prison. The view of the FBI’s deputy assistant director and top official in charge of domestic terrorism John Lewis is that, “In recent years, the Animal Liberation Front and the Earth Liberation Front have become the most active, criminal extremist elements in the United States … the FBI’s investigation of animal rights extremists and ecoterrorism matters is our highest domestic terrorism investigative priority.”
It shocked many when last week, two protesters in the petrochemical-laden “Cancer Alley” region of Louisiana were arrested and charged under the state’s felony “terrorist” law. Their crime? Placing boxes of nurdles – plastic pellets that are the building blocks of many single-use plastic products – on the doorsteps of fossil fuel lobbyists’ homes. To make matters more ridiculous, the nurdles were illegally dumped by the petrochemical company Formosa Plastics.[2] This is outrageous indeed, but is the sort of legally-sanctioned oppression that fossil fuel industry lobbyists have been successfully advocating for years.
American Fuel & Petrochemical Manufacturers (AFPM) stated in a letter of support for ALEC’s legislative efforts:
“In recent years, there has been a growing and disturbing trend of individuals and organizations attempting to disrupt the operation of critical infrastructure in the energy, manufacturing, telecommunications, and transportation industries. Energy infrastructure is often targeted by environmental activists to raise awareness of climate change and other perceived environmental challenges. These activities, however, expose individuals, communities, and the environment to unacceptable levels of risk, and can cause millions of dollars in damage … As the private sector continues to expand and maintain the infrastructure necessary to safely and reliably deliver energy and other services to hundreds of millions of Americans, policymakers should continue to consider how they can help discourage acts of sabotage … Finally, it will also hold organizations both criminally and vicariously liable for conspiring with individuals who willfully trespass or damage critical infrastructure sites.”
Those organizations deemed ‘criminally and vicariously liable’ would in some states face fines an order of magnitude greater than the actual individual, which would cripple margin-thin environmental groups around the country, and could amount to $100,000 to $1,000,000. The AFPM’s senior vice president for federal and regulatory affairs Derrick Morgan referred to these vicarious organizations as “inspiring … organizations who have ill intent, want to encourage folks to damage property and endanger lives …”
One of the most disturbing aspects of this legislation is that it could, according to the testimony and additional concerns of ACLU of Ohio’s Chief Lobbyist Gary Daniels, equate “‘impeding’ and ‘inhibiting’ the ‘operations’ of a critical infrastructure site” with acts as innocuous as Letters to the Editor, labor strikes or protests, attending and submitting testimony at hearings, or simply voicing your concern or objections to the validity of industry claims and its proposals with emails, faxes, phone calls, or a peaceful protest outside critical infrastructure that raises the concern of site security. Mr. Daniels noted in his additional written testimony that the latter, “may prove inconvenient to the site’s staff, under SB 250 they would be an F3 [Third Degree Felony], and that is without someone even stepping foot on or near the property, as physical presence is not required to be guilty of criminal mischief, as found in/defined in Sec. 2907.07(A)(7) of the bill.”
Figure 3. A rally held by the Louisiana-based nonprofit RISE St. James.
This connection, when enshrined into law, will have a chilling effect on freedom of speech and assembly, and will stop protests or thoughtful lines of questioning before they even start. As the Ohio Valley Environmental Coalition (OVEC) put it in their request for residents to ask the governor to veto the now-enacted HB 4615, such a bill is unnecessary, duplicative, deceitful, un-American, unconstitutional, and “will further crowd our jails and prisons.”
To combat such industry-friendly legislation that erodes local government control in Ohio, lawmakers like State Senator Nikki Antonio are introducing resolutions like SR 221, which would, “abolish corporate personhood and money-as-speech doctrine” made law by the Supreme Court of the United States’ rulings in Citizens United v. FEC and Buckley v. Valeo. After all, the overarching impact of ALEC’s efforts and those described below furthers privatized, short-term profit and socialized, long-term costs, and amplifies the incredibly corrosive Citizen’s United decision a little over a decade ago.
Further Criminalization of Protest, Protections for Law Enforcement
Simultaneously, there is an effort to criminalize protest activities through “riot boosting acts,” increased civil liability and decreased police liability, trespassing penalties, and new sanctions for protestors who conceal their identities (by wearing a face mask, for example).
The following bills have already been enacted:
STATE
BILL
TITLE
DATE PASSED
South Dakota
SB 189
EXPANDED CIVIL LIABILITY FOR PROTESTERS AND PROTEST FUNDERS
3/27/19
West Virginia
HB 4618
ELIMINATING POLICE LIABILITY FOR DEATHS WHILE DISPERSING RIOTS AND UNLAWFUL ASSEMBLIES
3/10/18
North Dakota
HB 1426
HEIGHTENED PENALTIES FOR RIOT OFFENCES
2/23/17
North Dakota
HB 1293
EXPANDED SCOPE OF CRIMINAL TRESPASS
2/23/17
North Dakota
HB 1304
NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
2/23/17
In addition, the following bills have been proposed and are under consideration:
STATE
PENDING
TITLE
DATE PROPOSED
Rhode Island
H 7543
NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
2/12/20
Oregon
HB 4126
HARSH PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
1/28/20
Tennessee
SB 1750
NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
1/21/20
Ohio
HB 362
NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
10/8/19
Pennsylvania
SB 887
NEW PENALTIES FOR PROTESTS NEAR “CRITICAL INFRASTRUCTURE”
10/7/19
Massachusetts
HB 1588
PROHIBITION ON MASKED DEMONSTRATIONS
1/17/19
All the while, the Bundy clan of Utah pillage – and at times – hold our public lands hostage, and white male Michiganders enter the state capital in Lansing armed for Armageddon, because they feel that COVID-19 is a hoax. We imagine that it isn’t these types of folks that West Virginia State Representatives John Shott and Roger Hanshaw had in mind when they wrote and eventually successfully passed HB 4618, which eliminated police liability for deaths while dispersing riots and unlawful assemblies.
Contrarily, South Dakota’s SB 189, or “Riot Boosting Act,” was blocked by the likes of US District Judge Lawrence L. Piersol, who wrote:
“Imagine that if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result? … Dr. King and the Southern Christian Leadership Conference could have been liable under an identical riot boosting law.”
FracTracker collaborated with Crude Accountability on a report documenting increasing reprisals against environmental activists in the US and Eurasia. Read the Report.
Figure 4. Photo of US Treasury Department signage outlining the warning associated with BP’s Whiting, IN, oil refinery designated a Foreign Trade Zone (FTZ). Photo by Ted Auch July 15th, 2015
In all fairness to Mr. Emanuel, he was referring to the Obama administration’s support for the post-2008 bipartisan Wall Street bailout. However, it is critical that we acknowledge the push for critical infrastructure legislation has been most assuredly bipartisan, with Democratic Governors in Kentucky, Louisiana, and Wisconsin signing into law their versions on March 16th of this year, in May of 2018, and in November of 2019, respectively.
Related Legislation in Need of Immediate Attention
In Columbus, Ohio, there are several pieces of legislation being pushed in concert with ALEC-led efforts. These include the recently submitted HB 362, that would “create the crime of masked intimidation.” Phil Plummer and George F. Lang sponsor the bill, with the latter being the same official who introduced HB 625, a decidedly anti-local control bill that would preempt communities from banning plastic bags. Most of the general public and some of the country’s largest supermarket chains have identified plastic bag bans as a logical next step as they wrestle with their role in the now universally understood crimes plastics have foisted on our oceans and shores. As Cleveland Scene’s Sam Allard wrote, “bill mills” and their willing collaborators in states like Ohio cause such geographies to march “boldly, with sigils flying in the opposite direction” of progress, and a more renewable and diversified energy future.
With respect to Plummer and Lang’s HB 362, two things must be pointed out:
1) It is eerily similar to North Dakota’s HB 1304 that created new penalties for protestors who conceal their identity, and
So, when elected officials as far away as Columbus copy and paste legislation passed in the aftermath of the DAPL resistance efforts, it is clear the message they are conveying, and the audience(s) they are trying to intimidate.
Plummer and Lang’s HB 362 would add a section to the state’s “Offenses Against the Public Peace,” Chapter 2917, that would in part read:
No person shall wear a mask or disguise in order to purposely do any of the following:
(A) Obstruct the execution of the law;
(B) Intimidate, hinder, or interrupt a person in the performance of the person’s legal duty; or
(C) Prevent a person from exercising the rights granted to them by the Constitution or the laws of this state.
Whoever violates this proposed section is guilty of masked intimidation. Masked intimidation is a first degree misdemeanor. It was critical for the DAPL protestors to protect their faces during tear gas and pepper spray barrages, from county sheriffs and private security contractors alike.
At the present moment, masks are one of the few things standing between COVID-19 and even more death. Given these realities, it is stunning that our elected officials have the time and/or interest in pushing bills such as HB 362 under the thin veil of law and order.
But judging by what one West Virginia resident and former oil and gas industry draftsman,[3] wrote to us recently, elected officials do not really have much to lose, given how little most people think of them:
“Honestly, it doesn’t seem to matter what we do. The only success most of us have had is in possibly slowing the process down and adding to the cost that the companies incur. But then again, the increase in costs probably just gets passed down to the consumers. One of the biggest drawbacks in my County is that most, if not all, of the elected officials are pro drilling. Many of them have profited from it.”
The oil, gas, and petrochemical industries are revealing their weakness by scrambling to pass repressive legislation to counteract activists. But social movements around the world are determined to address interrelated social and environmental issues before climate chaos renders our planet unlivable, particularly for those at the bottom of the socioeconomic ladder. We hope that by shining a light on these bills, more people will become outraged enough to join the fight against antidemocratic legislation.
This is Part I of a two-part series on concerning legislation related to the oil, gas, and petrochemical industries. Part II focuses on bills that would weaken environmental regulations in Ohio, Michigan, and South Dakota.
By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development
[1] See Naomi Klein’s concept of the Shock Doctrine for similar trends.
[2] The community-based environmental organization RISE St. James has been working tirelessly to prevent Formosa Plastics from building one of the largest petrochemical complexes in the US in their Parish. Sharon Lavigne is a leading member of RISE St. James, and is an honored recipient of the 2019 Community Sentinel Award for Environmental Stewardship. Read more on Sharon’s work with RISE St. James here.
[3] This individual lives in Central West Virginia, and formerly monitored Oil & Gas company assets in primarily WV, PA, NY, VA, MD & OH, as well as the Gulf Coast. Towards the end of this individual’s career, they provided mapping support for the smart pigging program, call before you dig, and the pipeline integrity program.
Kern County, California has approved at least 18,356 illegal permits to drill new and rework existing oil and gas wells from 2015 – 2019 (data downloaded May 18, 2020). In a monumental decision in February of 2020, a California court ruled that a Kern County oil and gas ordinance paid for and drafted by the oil industry violated the state’s foundational environmental law. Kern County has failed to consider the environmental harms resulting from oil and gas drilling, such as water supply and air quality problems, farmland degradation, and increased noise, and communities have had enough.
Starting in 2015, Kern County used a local ordinance to fast-track the drilling of up to 72,000 new oil and gas wells over the next 25 years. The court’s recent decision allows the existing 18,356 permits to remain valid, but blocked the county from issuing any more permits after the end of April, 2020. This is an important victory for Kern County communities, but the existing permits present a public health threat that regulators have never adequately addressed.
To better understand the impacts of these illegal permits, and identify the communities most impacted, FracTracker Alliance has conducted an environmental justice spatial analysis based on the location of the permits. A map of the permits is found below in Figure 1. shows that there are 18,356 “Drilling” and “Rework” permits issued in Kern County since 2015, as well as the 1,304 permits located within 2,500’ of a sensitive receptor, including hospitals, schools, daycares, and homes.
Figure 1. Map of California Geologic Energy Management Division (CalGEM), formerly the California Division of Oil, Gas, and Geothermal Resources (DOGGR), approved drilling and rework permits, 2015-2019.
The ordinance, written by oil industry consultants, sidestepped state requirements for environmental reviews or public notices, as required by the California Environmental Quality Act (CEQA). It was used as a blanket environmental impact report (EIR), so that the threats of specific projects need not be considered.
To pass the ordinance, the county used a flawed study to hide the immense harm caused by oil and gas drilling and extraction. The appellate court that ruled against the ordinance stated it was passed “despite its significant, adverse environmental impacts.” As a result, the county allowed wells to be constructed next to people’s homes, schools, daycares, and healthcare facilities.
Permitting Summary
FracTracker aggregated, cleaned, and compiled California Geologic Energy Management Division’s (CalGEM) datasets of well permits. A breakdown of the statewide counts of permit types is shown below in Table 1. The table shows that in 2019, permits to drill new oil and gas wells made up about 34% of total permits. Over the course of the last five years, statewide permits have been distributed pretty equally between drilling wells, reworking wells to increase production (including re-drilling activities like deepening and sidetracking wells), and plugging and abandoning wells.
Table 1. Breakdown of permit types issued by California Geologic Energy Management Division (CalGEM), formerly the California Division of Oil, Gas, and Geothermal Resources (DOGGR), 2015-2019.
The illegal Kern County ordinance took effect in 2015, and permit counts for Kern County are shown in Table 2 and Figure 2 below. Note the permit count increase from 2014 to 2015 in the graph in Figure 2. The data shows that Kern County permitting counts increased in 2015 with the passage of the illegal ordinance. In 2016, a new statewide rule (State Bill 4) took effect regulating hydraulic fracturing. Since most oil and gas drilling in California was using hydraulic fracturing, permit numbers statewide, including in Kern, fell drastically. Since 2016, permitting rates have been climbing back up to pre-2016 levels. As of May 18, 2020, Kern County has already approved 1,310 new drilling permits, putting Kern County on track to meet or exceed 2015 permit numbers.
Table 2. Breakdown of permit types issued by California Geologic Energy Management Division (CalGEM) in Kern County alone, 2015-2019.
Figure 2. Time Series of drilling permits issued by Kern County, California, 2014 to present.
2015
New Kern ordinance to fast-track permits. Kern permits increase disproportionately.
2016
New SB4 statewide fracking permit requirements. Kern permits decrease as a result.
2016
2017 - 2020
Proportion of Kern permits begin to increase once again
2020
California court ruled that a Kern County oil and gas ordinance paid for and drafted by the oil industry violated the state’s foundational environmental law. State permitting continues under CalGEM.
2020
Kern County is the most heavily drilled county in the United States, and from 2015 to 2019 well permits were issued in Kern at elevated numbers as compared to the rest of the state. From the implementation of the ordinance (2014 to 2015), the proportion of drilling permits issued by Kern County increased from 82% to 94% of the state total. In Figure 3 below, the time series shows that Kern County makes up the majority of permits issued to drill new wells in California, and the proportion of wells drilled in Kern County has been higher from 2015 to 2019 than it had been prior. Not only did the ordinance allow permits to be drilled without any consideration for the community and public health impacts of Frontline Communities, but the actual numbers and proportions of wells drilled in Kern County increased as well. We have mapped these permits in Figure 3 below to show exactly where they are located.
Figure 3. Time series of permits issued to drill new wells in California from 1998 to 2019. The contribution of individual counties is shown with different colors, the area under the trend line representing the cumulative total.
Environmental Justice Mapping
The locations of well permits were mapped using GIS software and overlaid with indicators of social and environmental justice. The layers of Environmental Justice (EJ) mapping data were derived from CalEnviroScreen 3.0 census tract data, assigned to the block level, and 2015 American Community Survey demographical data, also summarized at the census block data.
Demographics
One of the major failings of the Kern County ordinance was the lack of risk communication with Frontline Communities. Not only were communities not informed of proposed drilling projects, all communications from Kern County and CalGem have been posted solely in English. Any attempts at communication of impacts and notices have excluded non-English speakers. Providing notices and information in non-English languages, at the very least in Spanish, needs to be a top priority for any regulatory body in California. The current permitting policy leverages systematic racism to preclude communities from participating in the decision-making processes that directly affect their families’ health.
As shown below in map in Figure 4, the majority of Kern County ranks high in “linguistic isolation” according to CalEnviroScreen 3.0. Our analysis shows that 11,244 permits were issued in block groups that CalEnviroscreen 3.0 has ranked in the top 60th percentile for linguistic isolation. A total 16,143 permits were issued in block groups that are 40% or more Hispanic, and that number increases to 18,000 (98.1%) permits if you include the permits issued in the Midway-Sunset Field, located on the border of one of Kern’s largest, and predominantly “Hispanic,” census block groups.
Figure 4. Map of Oil and Gas Permits with Kern County “Hispanic” Demographics and Language Disparities. The shades of yellow to red census blocks represent the 60th percentile and above linguistic isolation. Hatched census tracts are census blocks with demographical profiles over 40% Hispanic.
Within Kern County, these permits were approved mostly in low income areas, and areas with pre-existing environmental degradation. In the map in Figure 5, below, permit locations were overlaid with CalEnviroScreen 3.0 rankings for existing environmental degradation and median income data from the American Community Survey (2015) to visually show the disparity.
Our analysis shows that 17,978 0f the 18,356 total drilling and reworking permits were issued in census block groups where the median income was at least 20% lower than that of Kern County (Kern median income = $51,579). Additionally, these areas are more impacted by existing sources of pollution. In fact, 18,298 (99.7%) permits were issued in census blocks designated as the above the 60th percentile of those suffering from existing pollution burden by CalEnviroScreen 3.0.
Figure 5. Map of oil and gas permits with Kern County environmental justice areas. Shown in shades of blue are the block groups with median incomes less than 80% of that of the Kern County ($51,579). The hatched areas are above the 60th percentile for CalEnviroScreen pollution burden.
Conclusion
Our results find that from 2015-2019, very few well permits were issued in census blocks that are predominantly white, with median incomes above the median, and low rankings of linguistic isolation. The policies enacted by Kern County to fast track permits were instituted in predominantly poor, linguistically isolated, Hispanic communities already suffering from existing environmental degradation. Through systematic racism, these areas have become Kern County’s “sacrifice zones.” Moving forward, we are pressuring Kern County to adopt a permitting approach that considers the health of Frontline Communities.
Unfortunately, since the court’s decision, well permitting in Kern County has not only continued, but actually accelerated. While the appellate court ordered permitting to stop for one month, the gap was quickly filled. Between March 28 and May 18, 2020; CalGEM approved 733 permits to drill new wells and rework existing wells in Kern County. In addition, CalGEM approved 38 new fracking permits in 2020 since March 28th, all in Kern County (regulated separately under State Bill 4), increasing the environmental burden on Kern communities further. Like Kern County, CalGEM’s permitting process also deserves scrutiny, as state permitting requirements are lax.
These irresponsible policies have had a direct impact on the health of Central Valley communities. Environmental monitoring has shown time and again that emissions from oil and gas wells include a cocktail of air toxics and carcinogens, and that living near oil and gas activity has been shown to be associated with numerous health impacts such as low birth weight, cancer, skin problems, asthma, and depression, The exclusion of Spanish-speaking residents from notifications and information on decisions that affect their health is an even further condemnation of the systematic and outright racism of Kern County’s permitting approach.
There is more work to be done, but the elimination of Kern County’s fast-tracking ordinance is a major win for public health and democracy.
FracTracker Alliance would like to congratulate the organizations responsible for this legislative victory and thank them for all their hard work. They include Committee for a Better Arvin, Committee for a Better Shafter, and Greenfield Walking Group, represented by the Center on Race, Poverty & the Environment, together with the Center for Biological Diversity, and Sierra Club, who was represented by Earthjustice.
By Kyle Ferrar, MPH, Western Program Coordinator, FracTracker Alliance
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/06/CalGEM-Drilling-and-Rework-Permits-2015-2020-feature.jpg8331875Kyle Ferrar, MPHhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngKyle Ferrar, MPH2020-06-08 08:44:542021-04-15 14:16:46Systematic Racism in Kern County Oil and Gas Permitting Ordinance
By Kim Fraczek (Sane Energy Project), with input and mapping by Karen Edelstein (FracTracker Alliance)
Despite overwhelming concern about the impacts of fossil fuels on climate chaos, pipeline projects are springing up all over the country in an effort find markets for the surplus of fracked gas extracted from the Marcellus region in Pennsylvania. New Yorkers are directly impacted by these problematic supply chains. The energy company, National Grid, is proposing to raise New Yorkers’ monthly bills in order to complete a new, 30-inch high-pressure fracked gas transmission pipeline through Brooklyn, New York. National Grid euphemistically named the 350-psi pipeline the “The Metropolitan Reliability Pipeline Project.” Gas moving through this pipeline is destined for a National Grid Depot on Newtown Creek, which divides Brooklyn from the borough of Queens. National Grid plans to expand liquefied natural gas (LNG) storage and vaporizer operations at the Depot. The Depot expansion will also facilitate trucking transport of gas to and from North Brooklyn to destinations in Long Island and Massachusetts.
For an industry explanation on how vaporizers work, click here.
National Grid Depot is located on the western bank of Newtown Creek. Source: Google Maps
National Grid is asking the New York State Public Service Commission (PSC) to approve:
A charge of $185 million to rate-payers in order to finish the current pipeline phase under construction in Bushwick. Pipeline construction would continue north into East Williamsburg and Greenpoint (other sections of Brooklyn)
$23 million to replace two old vaporizers at National Grid’s Greenpoint LNG facility
$54 million to add two new vaporizers to the Greenpoint LNG facility
$31.5 million over the next 4 years to add “portable LNG capabilities at the Greenpoint site that will allow LNG delivered via truck to on-system injection points.” National Grid is currently seeking a variance from New York City for permission to bring LNG trucks onto city property. Currently, this sort of activity is illegal due to high risk of fires and explosions.
Impacts on the community, resistance to the pipeline
Pipelines also present risks of catching fire and exploding. On average, a 350-psi gas pipeline has an evacuation radius of approximately 1275 feet. FracTracker Alliance created the interactive map, below, using 2010 census data to show population density in the neighborhoods within this blast zone. According to FracTracker, there were 614 reported pipeline incidents in the United States in 2019 alone, resulting in the death of 10 people, injuries to another 35, and about $259 million in damages.
There is widespread community opposition to this pipeline, LNG expansion, and trucking proposal because it will:
Threaten the health and safety of nearly 153,000 people living in the evacuation zone. Concerns include air quality impacts from fugitive methane that could especially impact those with asthma, and functional logistics around safe evacuation in the event of a leak or explosion.
Within the evacuation zone, using federal data, FracTracker determined that there are also:
Opponents of this pipeline project also raise objections that the pipeline will:
Become a stranded asset leaving residents to foot the bill for the pipeline as city and state climate laws are implemented
Contribute carbon monoxide and methane to the atmosphere, thereby accelerating climate change and its impacts on coastal metropolises like New York City
Project Status
National Grid is currently constructing Phase 4 of the pipeline. However, public pressure and concern about COVID-19 safety measures forced them to stop construction on March 27, 2020. After Governor Cuomo issued an executive order to halt all non-essential work, neighbors reported the company was not mandating personal protective equipment (PPE) nor social distancing for its workers.
Additionally, funding to build north of Montrose Avenue in Bushwick through to Greenpoint—neighborhoods in northeastern Brooklyn on the border with Queens that make up the fifth phase of the pipeline construction—is pending a decision by the Public Service Commission. The approval of the fifth phase of the pipeline would allow it to reach the LNG facility at Greenpoint.
Generalized map of Brooklyn neighborhoods. Source: Wikipedia.
The current National Grid rate case proceeding is in its last stage of discovery, testimony, cross-examination, and final briefs from parties to the rate case. The Administrative Law Judges overseeing the proceeding will review all parties’ information, and make a recommendation to the Public Service Commission, a five-person panel appointed by New York State Governor Cuomo to regulate our utilities. This decision will most likely happen at the monthly meeting on June 18, 2020, where they also may make a decision on National Grid’s Long Term Plan proceeding that could determine the future of LNG expansion in North Brooklyn.
What are the broader economic and political concerns for stopping this, and other new pipeline projects?
Sane Energy Project has laid out a clear and cogent set of arguments. These include:
This project is not about “modernizing” our system for heating and cooking. This is about an expansion to charge rate-payers an increase and to grow profits for National Grid’s shareholders.
This is a transmission pipeline, not a gas distribution line. It will not service the affected community where the already trafficked main thoroughfares and already stressed trucking routes for local businesses will be dug up.
Gas pipelines are not safe. According to the United States Pipeline and Hazardous Safety Materials Administration (PHMSA), between 2016 and 2018, an average of 638 pipeline incidents per year resulted in a total of 43 fatalities and 204 injuries . The cost to the public for these incidents over those three years was nearly $2.7 billion. [For more analysis on national pipeline incidents, see FracTracker’s February 2020 article.]
Fracking exacerbates climate change. Methane is a potent greenhouse gas. Over a 20 year period, it contributes 86 to 100 times more atmospheric warming than equivalent amounts of carbon dioxide. Climate change is destroying Earth’s ability to sustain life.
This project holds New York State back on our renewable energy goals. We should be mandating any gas pipelines should be replaced with geothermal energy, along with energy efficiency measures in our buildings.
The industry coined the term “natural” gas to create the sense that it is clean, but the extraction, transport and burning of this gas creates air pollution, disturbs ecosystems, contaminates drinking water sources,and disproportionately affects lower income communities and communities of color.
A report authored by Suzanne Mattei, former DEC Region 2 Chief, notes National Grid does not have gas supply constraints–the situation where consumer demand exceeds the supply. Mattei contends that this is a manufactured crisis to maintain business-as-usual, keep us hooked on fossil fuels, and charge rate-payers for construction well after the lifespan of this pipeline. This makes local constituents pay for the company’s stranded assets. National Grid themselves report that they are able to handle yearly peak demand through existing supplemental gas sources. What’s more, the EIA expects for natural gas demand to remain flat over the course of the next decade, refuting National Grid’s claim that their massive pipeline project is necessary to respond to the few hours of peak demand experienced each year.
This is actually a substantial project, which avoided more stringent permitting and discussion by breaking the work into five separate projections, a process known as “segmentation”. The North Brooklyn Pipeline project is disguised as a local upgrade by segmentation, while in reality, it is a much larger project leading to an LNG (Liquefied Natural Gas) depot, CNG (Compressed Natural Gas) and other fracking infrastructure facilities in Greenpoint.
National Grid is requesting almost 185 million ratepayer dollars over the next three years to complete the project.
What’s next?
As gas prices continue to drop and renewable energy technologies are more accessible and wide-spread, the whole equation that relies on a fossil fuel-based economy becomes more desperate and unsustainable. Many communities are also saying “no” to new pipelines in their communities, so industry is looking to ship fracked gas over land by truck. Another method for disposing of surplus gas is to compress it into LNG (liquefied natural gas) and ship it to international markets by boat.
For more updates on the North Brooklyn Pipeline, check Sane Energy Project’s website. If you live in the New York/Metropolitan area and want to get involved in this fight, there are numerous ways in which you can work with Sane Energy. Click here for details.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/05/North-Brooklyn-Pipeline-demographics_1.jpg9142242Guest Authorhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngGuest Author2020-05-18 09:00:212021-04-15 14:16:48New Yorkers mount resistance against North Brooklyn Pipeline
Map A2. Shafter Census Designated Areas. The map shows the city of Shafter and includes both census tracts and census block groups for comparison. It shows operational oil and gas wells in the map, along with 2,500’ buffers. This Frontline Community would not be included in an analysis that only considers census tracts containing Tier 1 areas negatively impacted by oil and gas extraction operations. The census tract containing the North Shafter oil field forms a donut around the city of Shafter.
Image courtesy of Lois Bower-Bjornson from the Clean Air Council.
