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Lycoming Watershed Digital Atlas

Water at Risk


A Digital Atlas Exploring the Impacts of Natural Gas Development in

the Lycoming Creek Watershed of Pennsylvania

Introduction


Coursing through lush valleys of the Allegheny Plateau, Lycoming Creek flows over 37 miles to its confluence with the West Branch Susquehanna River in Williamsport, Pennsylvania. The 272-square-mile watershed includes idyllic tributaries like Pleasant Stream and Trout Run, names reflecting the intrinsic beauty and bounty of the area. Rock Run in Loyalsock State Forest by some accounts is, “one of the most beautiful streams in all of Pennsylvania.” 

The mightier Pine Creek to the west perhaps carries greater notoriety, as does the enchanting Loyalsock to the east. But make no judgement about Lycoming Creek’s smaller stature. Forest covers 81% of the basin and only one percent is developed, with the rest of the land used for agriculture. Through the heart of this rugged terrain, a picturesque waterway beckons anglers and other revelers of the wilds.   

The Lenape people called the watershed home before European occupation. They knew the creek as Legani-hanne, meaning “sandy or gravelly stream.” The native residents and those who displaced them used it as a means of transportation, whether traveling by canoe or walking the Sheshequin Path that runs north and east along the shores.  

Lumber fueled the regional economy of the 19th century, and Lycoming’s forests fell. By rail and by water, saw logs were sent to Williamsport for milling. Wood-powered wealth gave rise to the city’s “Millionaire’s Row,” but prosperity apexed in the early 20th century. Today, the Williamsport area is home to nearly 30,000 people, down from a peak of around 45,000 in 1950. Comparatively, about 20,000 persons live within the Lycoming Creek watershed. 

These days, Williamsport buzzes with breweries, bookstores, and the vitality of an urban hub. The Little League World Series still comes to town every summer, ushering memories of simpler, quieter times. 

Nearby, the serene creek surges with life, including the Eastern hellbenderNorth America’s largest amphibian. But the same water can turn tempestuous and destructive. Notable floods in 1972, 1996, 2011, and 2016 caused loss of life and property damage. As climate change intensifies, heavy downpours and rapid snowmelt exacerbate flood risks. 

Unconventional drilling brought new threats to the area: congested truck traffic, exorbitant consumptive water use, myriad air pollution sources, extensive land clearing, and ecological disturbance; and, the dangers of spills, leaks, and water contamination. 

This report explores these impacts, underscoring the heavy footprint of extractionand related activitieson public and private lands throughout the Lycoming Creek watershed.

Contents






Figure 1. Lycoming Creek. Photo by Matt Kelso.

A wealth of public lands & recreational opportunities

The Lycoming Creek watershed provides ample opportunities for nature-based recreation. While there are no state parks in the watershed, a 507-acre (0.8 square miles) portion of the Tioga State Forest occupies the northern boundary of the watershed in Tioga County. Further south lies 45,022 acres (71.1 square miles) of the Loyalsock State Forest. This includes 332 acres (0.52 square miles) of the Devil’s Elbow Natural Area, a site known for its many wetlands—home to carnivorous sundew and pitcher plants—waters that feed the stunning Rock Run. 

The McIntyre Wild Area covers a 7,226 acre (11.3 square mile) expanse of the Loyalsock State Forest, situated entirely in the Lycoming Creek watershed. It includes spectacular waterfalls on streams that feed the aforementioned Rock Run, a tributary known for its vibrant trout population.



Recreational Opportunities in the Lycoming Creek Watershed

View Full Size Map | Updated 3/1/2021 | Data Tutorial




To the west of Lycoming Creek and State Route 14 is Bodine Mountain, another sweeping feature of the Loyalsock State Forest. Bodine Mountain is a north-to-south ridge rising over 1,300 feet above the Lycoming Creek valley.

In addition to state forests, the watershed contains 238 acres of State Game Land 335 at the northern boundary, and 2,430 acres (3.8 square miles) of State Game Land 133, situated southeast of Bodine Mountain. These conserved lands are designated to protect wildlifea goal that seems at odds with current oil and gas leasing practices.



Fishing and enjoying mountain streams


Pennsylvania has two separate designations for streams with excellent water quality: exceptional value (EV) and high quality (HQ). The Department of Environmental Protection (DEP) explains that the quality of HQ streams can be lowered, “if a discharge is the result of necessary social or economic development, the water quality criteria are met, and all existing uses of the stream are protected.” The water quality of EV streams cannot be lowered.  

Sadly, there are no streams in the beautiful Lycoming Creek watershed with an EV designation, however deserving. On the other hand, 412 miles of streams in its drainage are designated as HQ, representing 76% of the watershed’s 542 total stream miles, according to the state’s official designated use inventory. Statewide, 3,838 out of 86,473 miles (4.4%) of inventoried streams are categorized as EV, while 58,748 miles (67.9%) are HQ, making the Lycoming Creek watershed below average for the former, and above average for the latter.

Prior to industrialization, native brook trout populations were widespread in small, forested streams across Pennsylvania. While many streams are now stocked with several species of trout, the combination of pollution and deforestation has decimated the areas where trout—especially native brook trout—thrive in sustainable wild populations. Suitable streams are designated as Class A trout streams, and they are rare, accounting for just 3,037 miles, or 3.5% of streams across the Commonwealth. The Lycoming Creek watershed contains slightly fewer Class A streams than is typical, with 17.5 miles, representing just 3.2% of all streams in the drainage. Nevertheless, it remains an important respite for trout species and the anglers who seek them.

Split estates and the Clarence Moore lands


Hundreds of thousands of acres of Pennsylvania state forest are under lease agreements for fracked gas extraction, diminishing outdoor experiences and posing ongoing environmental threats. In those situations, the state Department of Conservation and Natural Resources (DCNR) clearly controls the surface and the gas that lies beneath. However, in some areas of the state forest, private interests claim mineral ownership, even in gaseous form—a situation called “split estate.” Loyalsock State Forest contains about 25,000 split estate acres, known as the Clarence Moore Lands.

In the Lycoming Creek watershed, most of the Clarence Moore lands lie east of US Highway 15, occupying areas that drain into Rock Run and Pleasant Stream, including some of the area’s few remaining Class A wild trout waters. Another section of the Clarence Moore lands extends west of Highway 15, on Bodine Mountain’s eastern flank. In their current state, the lands provide invaluable ecological services and—coupled with the Loyalsock Creek to the east—comprise critical source waters for two major watersheds.

Gas drilling requires a significant amount of infrastructure, including multiacre well pads, miles of gathering pipelines, retention ponds, waste processing facilities, and compressor and metering stations. Allowing surface disturbance in the Clarence Moore lands could have lasting, devastating consequences.

Nearly a decade ago, the Anadarko Petroleum Corporation approached DCNR with extensive plans for dozens of fracked gas wells and all the disruptive destruction that accompanies them in a large swatch of the Loyalsock State Forest and the Clarence Moore lands. Over the years, the Clarence Moore players have changed significantly. Southwestern Energy scored a stake, while Anadarko sold their interest to Alta Resources, a privately-held company scheduled for purchase by EQT, the nation’s largest fracked gas company. While the operators play their game of musical chairs, the situation remains a serious threat to some of the few remaining portions of the region that haven’t been spoiled with industrial gas drilling.

Ironically, modern horizontal drilling enables access to Clarence Moore’s reserves from miles away—from well pads on private land. There is no need—nor social license—to expunge the forest for future generations for short-lived, selfish gain. Organizations near and far, led by the Responsible Drilling Alliance and Save PA Forests Coalition, have rallied tirelessly to save this land from development, a truly special place deserving permanent protection.




Figure 2. The Clarence Moore Lands are a complicated split estate situation in the Loyalsock State Forest, including parts of the Lycoming, Loyalsock, and Schrader Creek watersheds.


Unique wetland biomes


Countless wetlands feed Lycoming Creek’s headwaters, providing a unique opportunity to observe aquatic flora and fauna beneath the forested canopy of Penn’s Woods. The US Fish and Wildlife Service (USFWS) explains their importance, as well as their precarious state:



“Wetlands provide a multitude of ecological, economic and social benefits. They provide habitat for fish, wildlife and plantsmany of which have a commercial or recreational valuerecharge groundwater, reduce flooding, provide clean drinking water, offer food and fiber, and support cultural and recreational activities. Unfortunately, over half of America’s wetlands have been lost since 1780, and wetland losses continue today. This highlights the urgent need for geospatial information on wetland extent, type, and change.”



The geospatial data referred to above is the National Wetland Inventory (NWI), which seeks to document all the wetlands in the United States, based primarily in aerial imagery. According to NWI data, there are 3,136 acres (4.9 square miles) of wetlands in the Lycoming Creek watershed. However, further field research is necessary to properly identify wetland boundaries, particularly in the case of ephemeral wetlands, for example, where the presence of aquatic plants help determine boundaries. All of this suggests that while there is every reason to believe the USFWS’ claim that over half of the nation’s wetlands have been lost since around the time of the Revolutionary War, it is believed the NWI discounts the total acreage.

A University of Vermont team developed another model for calculating wetlands, based primarily on, “2006-2008 leaf-off LiDAR data, 2005-2008 leaf-off orthoimagery, 2013 high-resolution land-cover data, and moderate-resolution predictive wetlands maps, incorporating topography, hydrological flow potential, and climate data.” This model calculates 6,943 wetlands acres (10.8 square miles) in the Lycoming Creek drainage, more than double the NWI’s estimated acreage.



Trails


Five trails traverse the Lycoming Creek watershed, crossing 152 miles total. This includes nearly 44 miles of the Loyalsock State Forest Cross-Country Ski Trail system south and east of the McIntyre Wild Area, suitable for hiking, biking, equestrian pursuits, and of course, cross-country skiing. The watershed also contains 33 miles of Bicycle PA Route J, which runs along Lycoming Creek from the confluence with the West Branch Susquehanna River on the southern end, all the way to the wetland border that feeds Lycoming Creek and neighboring Towanda Creek to the northeast. The watershed’s most popular trail may be the famous Old Loggers Path, a coveted backpacking route that meanders nearly 23 miles. The Hawkeye Cross-Country Ski Trail—frequented by hikers, bikers, and skiers—loops over seven miles in the northeastern corner of the watershed. Yet another watershed trail is the Lycoming Creek Bikeway, a mostly straight five-mile stretch from Hepburnville to the West Branch Susquehanna River.



Figure 3. Rock Run in Loyalsock State Forest’s McIntyre Wild Area. Photo by Ann Pinca.



Figure 4. A flyfisher casts in Lycoming Creek right beside Sheshequin Campground in Trout Run. Photo by Rebecca Johnson.



Figure 5. This wetland lies just beyond the northeastern boundary of the Lycoming Creek watershed and is similar to those feeding the headwaters of Rock Run near Devil’s Elbow Natural Area in Loyalsock State Forest. Photo by Shannon Smith.

Fracking comes to the Lycoming

The commercial oil and gas industry got its start in Pennsylvania in 1859 with the famous Drake Well, followed by a frenzy of drilling in the central and western portions of the state. The DEP has records of over 185,000 conventional oil and gas wells throughout the Commonwealth, and—because the industry preceded permitting requirements by almost a century—yearly estimates range between 480,000 and 760,000 conventional wells have punctured Pennsylvania’s surface. 

The Lycoming Creek watershed was further east than most of the conventional oil and gas pools, so it has seen very little conventional drilling. Of the 185,000 known well locations, only 25 (0.01%) are within the watershed. Of those, 11 (44%) have a status of “proposed but never materialized,” or “operator reported not drilled.” Eight wells (32%) are plugged, four (16%) have active status, one (four percent) is considered being in a regulatory inactive period, and one (four percent) is on the DEP’s orphan list—awaiting funding to be plugged properly.



Fracking boom


While drillers had long known about the Marcellus Shale, it wasn’t until 2004 that drilling in the formation became a profitable enterprise, through the combination of industrial-scale hydraulic fracturing and horizontal drilling. Soon thereafter, the Lycoming Creek watershed was no longer on the periphery of oil and gas exploration, but part of a densely drilled cluster of new unconventional wells in northeastern Pennsylvania.  



Fracking in the Lycoming Creek Watershed

View Full Size Map | Updated 3/1/2021 | Data Tutorial



The first unconventional well in the Lycoming Creek watershed was permitted by Range Resources at the Bobst Mountain Hunting Club on May 31, 2007, and drilling started less than two months later.

In the years that followed, 592 unconventional wells have been proposed for the watershed, 586 (99%) of which received permits, with 384 (65%) drilled as of June 28, 2021. Some wells had a short life, with 41 (10.6%) already plugged—a figure slightly higher than the statewide average of 8.7%. Fifteen operators have been active in the watershed.

As with the rest of Pennsylvania, the total number of drilled wells peaked in 2012, with 100 wells drilled that year. In the past seven years, the highest annual total was only one-fourth of that, with 25 wells drilled in 2019. However, these trends do not foretell an end to drilling in the region. The reduced number of wells drilled is offset by drilling each well more intensively, using five times as much water per well for hydraulic fracturing. 

Gas production has flooded markets, reducing gas prices and profit margins. At the very start of the Marcellus boom in October 2005, gas prices were $13.42 per million British Thermal Units (BTUs), but have fluctuated between $1.75 and $4.00 per million BTUs in recent years. Many of the 202 wells permitted but not drilled in the watershed are located on existing well pads and can easily be drilled and brought into production as market forces dictate. For these reasons, the area is unlikely to see an end to drilling, pipeline construction, truck convoys—and all the other ancillary activities—any time soon.




Figure 6. Active fracking operation in May 2021 on ARD Operating’s COP Tract 551 A well pad, originally planned by Anadarko E&P in 2014. Photo by Ted Auch.



Figure 7. This video was taken at the same site as Figure 6, capturing ARD Operating’s well pad and the incessant noise it makes during hydraulic fracturing activities. Video footage captured by Brook Lenker.



Figure 8. Permitting, drilling, and plugging summary of unconventional wells in the Lycoming Creek watershed by year. Data through June 28, 2021.


Figure 9. Proposed unconventional wells by current operators in the Lycoming Creek watershed. Data through June 28, 2021.  Note that wells that were proposed but not drilled are still associated with the original operator, which are not always still active in the watershed. 



Figure 10. FracTracker’s partners at LightHawk provided aerial assistance to fly our photographer over the Lycoming Creek watershed. This video offers a glimpse at the oil and gas industry’s expansion in the watershed, juxtaposed with houses, farms, forests, wetlands, and numerous waterways. FracTracker’s Ted Auch captured still images while LightHawk pilot David Hartnichek gathered video footage, captured May 2021.

TimeSlider of Bodine Mountain

On the right, we see imagery from June 2021, with a substantial number of well pads, impoundments, compressors, pipelines, and access roads. Imagery on the left is from June 2014, with significantly less infrastructure. Users can zoom, pan, and choose different dates to explore the impacts of the industry over time.


Violations


In the Lycoming Creek watershed, unconventional wells and the well pads they operate on have been issued 634 violations between 2008 and June 28, 2021. This works out to 1.65 violations per drilled well, considerably above the statewide average of 1.3 violations per well.  

 Most of the violations (545, or 86%) are considered to negatively impact environmental health and safety, with the remaining 89 (14%) assessed for administrative infractions. However, the distinction between the two categories is murky at best. For example, the most common administrative violation is, “pits and tanks not constructed with sufficient capacity to contain pollutional substances,” an infraction documented 18 times in the watershed—presenting obvious hazards to health, safety, and the environment. 

Altogether, there are 66 different violation codes cited within the watershed. The ten most frequent are seen in Figure 11.

For these 634 violations, the DEP has collected fines totaling $2,460,700 from four operators. Range Resources leads the way with $1,461,000 in fines, followed by Seneca Resources with $600,000, East Resources with $380,700, and Chief Oil & Gas with $19,000. For comparison, the average cost of drilling a single well in the Marcellus Shale is $8.3 million, according to 2017 financial data from a major operator in the region. At this rate, while assuming no inflation, the watershed will have to suffer 2,138 violations before the DEP’s penalties equal the cost of drilling and fracking one well.

Clearly, operators are not cowed by receiving violations, nor do they look at the occasional fine as anything more than the cost of doing business. It seems that in practice, the DEP’s regulatory role is chronicling the industry’s misdeeds, instead of protecting the environment and the people who live among the hundreds of wells in the area.



Figure 11. The ten most frequent violations for unconventional wells and well pads in the Lycoming Creek watershed through June 28, 2021.

Fracking’s aquatic impacts


The DEP maintains a statewide list of water resource sites. In the Lycoming Creek watershed, 76 out of 128 (59%) listed water resource facilities are associated with oil and gas activity, including 13 surface water withdrawal sites and 63 interconnections—large impoundments where water is collected and stored for future use. As excessive as these figures are, the state’s water resources data is incomplete. By examining aerial imagery, FracTracker found six impoundments adjacent to oil and gas operations that were not listed in the inventory. The DEP was aware of these facilities and provided data upon request. Multiacre lined impoundments can be identified from such imagery, but the inventory might be missing smaller withdrawal sites occluded from view by the tree canopy.



Lycoming Creek Watershed Water Usage

View Full Size Map | Updated 3/1/2021 | Data Tutorial




Overall, 259 wells reported using between 891,900 and 33,193,599 gallons of water as a base for their fracking chemical cocktail. 


These numbers only represent the water consumed for hydraulic fracturing and don’t include any water used for pipeline hydrostatic testing, dust suppression on dirt and gravel roads, or any other purpose. For example, the voluminous 33,193,599 gallons used to frack Alta Resources’ Mac North B-3H well pad represents only a fraction of its permitted capacity for fracking operations.


Figure 12. A lined impoundment that does not appear on DEP’s Water Resources inventory. Photo by Karen Edelstein.

FracFocus

The unconventional oil and gas industry dominates water extraction, distribution, and use throughout the watershed. The amount of water used per fracked well has increased dramatically over the years, according to data from the industry’s frack fluid registry, FracFocus.  

However, the registry is riddled with some obvious data inaccuracies—perhaps stemming from the fact that the registry is self-reported by the various operators.

For example, there are 272 well reports with latitude and longitude coordinates placing them inside the Lycoming Creek watershed, excluding wells where operators left the water usage field blank. There are some problematic data points with those remaining. 

Five wells reported a negative number of gallons used to stimulate wells, including four from Seneca Resources’ Gamble K well pad—with quantities ranging from -214.7 million to -1.18 billion gallons of water—and one well from EXCO Resources’ Emig Unit well pad that registered -859.0 million gallons. At the other end of the spectrum, eight wells reported water consumption over 100 million gallons, including four from Rockdale Marcellus’ Cochran well pad, two from Seneca Resources’ Gamble K well pad, and two from EXCO Resources’ Emig Unit well pad.  

As water consumption data of these 13 wells is obviously erroneous, they were excluded from the following analysis. 

These withdrawal allowances are truly staggering. 

Based on observations of consumptive use permit signs across the watershed, these water withdrawal limits are typical. Taking the 7.62 billion gallons per well pad average from Figure 15, this equates to about 716 billion gallons of permitted water consumption for the 94 well pads in the watershed that have at least one well with an active, regulatory inactive, or plugged well status. Given the average household consumes about 300 gallons of water per day—and that Pennsylvania has just over 5 million householdsthis volume is nearly equal to the entire residential consumption of the state for 628 days. If this is applied to each of the 125 proposed well pads, that figure rises to about 953 billion gallons, or a little less than the full capacity of Florida’s vast Lake Okeechobee.



Groundwater contamination


Contamination from spills and leaks can affect more than just surface water. In 2014, 75 water wells in Lycoming County—which includes most of the Lycoming Creek watershed—were tested for various contaminants by the United States Geologic Survey (USGS). Six wells with the highest methane concentrations were further analyzed for their ratio of chloride to bromide, with half of that smaller subset showing water chemistry indicative of mixing with oilfield brine. Although the study posited that it could be mixing deep in the aquifer, it did not mention the frenzied drilling in the region at the time of sampling.

Stemming from thousands of complaints across the Marcellus Shale region, there are 378 private water supplies where DEP determined the loss of water quality or quantity was because of oil and gas activities. The public isn’t provided with the exact location of these fouled wells due to privacy concerns of impacted residents, but it is known that 18 incidents occurred in municipalities wholly or partially within the Lycoming Creek watershed. 

According to Pennsylvania’s Act 13—an instrumental law governing various aspects of unconventional drilling in the state—oil and gas operators are presumed responsible for water wells negatively affected within 12 months and 2,500 feet of operations. Of course, the actual spread of a pollution plume depends on the characteristics of the aquifer itself, rather than definitions from Act 13, so it is possible that wells further than 2,500 feet from an incident could be negatively impacted—potentially years after the leak or spill occurred. 

Of the 18 determination letters issued by DEP, one occurred in Fox Township in Sullivan County, six in Liberty Township in Tioga County, and two in Union Township. In Lycoming County, Eldred Township received three, Hepburn Township got one, Jackson Township received two, and McNett Township got two.  

As previously mentioned, DEP also tracks violations of various state oil and gas regulations. The vast majority of incidents in the Lycoming Creek watershed resulted in an impact to surface or groundwater. Of the 634 total citations associated with unconventional wells and well pads: 41 (six percent) related to erosion and sedimentation concerns, which could harm aquatic life; 379 (60%) citations were for spills, leaks, or pollution discharges that degraded surface or groundwater; and 41 (six percent) were for other water issues. The remaining 173 (27%) violations were for various other shortcomings—most issued for improper handling of waste materials. Depending on what happened in the field to merit these violations, many of these incidents may also have had an impact on Pennsylvania’s waters.

Water is a defining characteristic for any watershed. From the expansive wetlands uphill to the brisk trout streams around Rock Run and the McIntyre Wild Area, down to the steep ravines of the Lycoming Creek, water makes this area special. In the rush to accommodate the thirsty and pollutive oil and gas industry, the state has allowed vast portions of the region to be spoiled. 


Figure 13. Water consumption per well in the Lycoming Creek watershed has increased nearly five-fold in less than a decade, from 3,679,467 gallons in 2011 to 17,512,356 gallons in 2020, according to FracFocus data downloaded April 28, 2021.



Figure 14. Water consumption postings for six ARD (Alta Resources Development) well pads. Of the five visible signs, water consumption was permitted at 3 to 4 million gallons per pad, per day, for over five years. Photo by Erica Jackson.



Figure 15. The five visible signs in Figure 14 show that well pads are permitted to withdraw over 38.1 billion gallons of water, or an average of 7.62 billion gallons per well pad.

Waste

When fossil fuel companies portray fracked gas as “clean,” they better hope the public doesn’t notice the enormous stream of liquid and solid waste. In the Lycoming Creek watershed, operators reported 9,064,377 barrels (380.7 million gallons) of liquid waste and 416,248 tons of solid waste were generated in the drainage between January 2011 and April 2021.

As a point of comparison, this volume of liquid waste—from 362 wells in the watershed—is equal to about 577 Olympic-sized swimming pools, or an acre of land covered in toxic waste 1,168 feet deep. In terms of solid waste, disposal of drill cuttings and other substances equals the garbage left behind after 8,672 Kenny Chesney concertslike having about 2.3 concerts every day. This estimation is based on 330 wells reporting solid waste generation in the watershed.



Lycoming Creek Waste

View Full Size Map | Updated 3/1/2021 | Data Tutorial



Problems with oil & gas waste


To compare chemical-laden flowback fluid and radioactive brines to pool water based on volume alone does little to communicate the dangers of liquid waste—just as comparing drill cuttings and filter socks to beer cans and food wrappers is insufficient.

Oil and gas waste is much more harmful to human health and the environment than normal household refuse. 

Flowback fluid includes a portion of the liquid injected into a wellbore during hydraulic fracturing. As presented in the Water section, the volume of water injected into each well averaged over 17.5 million gallons in 2020. The industry’s chemical registry site FracFocus estimates that between one-half percent and two percent of the injected volumes are composed of various chemical additives. To get an accurate estimate of the volumes of these chemicals, it is necessary to add the water volume and the non-water volume together, then calculate the above range. Unfortunately, only 18 out of the 259 wells in the watershed that provide believable water volumes also provide non-water volumes.

Approximately 25% of these chemical additives could cause cancer, according to recent studies—while others may inflict skin or respiratory damage.

What is now the Marcellus Shale formation was an ancient, shallow seabed around 384 million years ago in the Middle Devonian epoch. As this sea dried out, organic content concentrated, which would eventually be the source of hydrocarbon gasses. Other components saturated with this organic matter—including barium, benzene, chloride, radium, thallium, and more. These contaminants resurface with the oil and gas, either dissolved or suspended in fluid waste called brine. Brine will continue to rise to the surface in significant quantities during a well’s operating lifespan.

Drill cuttings comprise most of the solid waste from oil and gas sites in Pennsylvania. As with brine, these cuttings contain concentrations of the same toxic and radioactive chemicals. Whether used onsite or sent to landfills, these cuttings are problematic when precipitation causes contaminants to leach, posing risks to aquifers and surface waters. Traditionally, landfill leachate is taken to water treatment facilities. However, these facilities are ill-equipped to handle oil and gas waste and cannot effectively remove the contaminant load.


What happens to the waste?


In 2019, FracTracker analyzed and mapped the destination of Pennsylvania’s oil and gas waste from 2011 through 2018 in a project with Earthworks. Most waste stays in Pennsylvania and neighboring states, but this still requires thousands of heavy tankers travelling tens or even hundreds of miles to reach their destinations. The industry ships some waste as far as Texas, Utah, and Idaho, despite enormous transportation costs. The project underscored Pennsylvania’s incapacity to deal with this noxious and problematic waste stream.

This waste is handled in various ways, with about 54% reused at other fracking sites, 30% sent to residual waste processing facilities, and ten percent disposed in injection wells. Most of the remaining six percent is sent to surface impoundments—but it is not clear what happens to the waste from there.

For solid waste, 56% goes to landfills, 34% is reused at well pads, and eight percent goes to residual waste processing facilities—with the rest handled by other methods.

There is record of 124 waste facilities in the Lycoming Creek watershed, including 121 well pads, one landfill, one residual waste processing facility, and one temporary storage site, pending future reuse or disposal.

The Clean Earth facility—a landfill and drilling mud processing facility—has taken 157,457 tons of solid oil and gas waste and 315 barrels of liquid waste from 2013 to 2016. Between 2012 and 2013, the facility operated as Clean Streams, LLC, and accepted 10,610 additional tons of solid waste and 513,894 barrels of liquid waste. At the watershed’s northern border in Tioga County is Rockdale Marcellus’ Harer Beneficial Reuse facility. Beech Resources proposed an additional facility in currently forested land across US Highway 15 from the Clean Earth facilities.


Figure 16. Estimated chemical components of fracking fluid for the 18 wells in the Lycoming Creek watershed that provide non-water volumes. The minimum estimate is 965,434 gallons, based on 0.5% chemical concentrations, while the maximum estimate is 3,861,737 gallons, based on two percent concentrations.



Figure 17. Disposition method of liquid waste from unconventional wells in Pennsylvania in 2020, based on DEP waste reports. The total liquid waste volume was 61,832,431 barrels, or about 2.6 billion gallons.



Figure 18. Disposition of solid waste from unconventional wells in Pennsylvania in 2020. Total statewide mass was 1,397,678 tons.


Mountains of waste

As drilling continues in the Lycoming Creek watershed and nearby, enormous waste streams will continue to be a conundrum. Even reused material might contaminate the land, streams, and groundwater, and harm human health. As wells are fracked with ever-increasing volumes of fluid, they will return ever-increasing volumes of waste, requiring more and more resources to process.



To see more footage & photos from this project:





Field Day Description

On a sunny and brisk Thursday in May 2021, a group of 11 FracTracker staff members and volunteers gathered in the Lycoming watershed outside Williamsport to find and document unconventional oil and gas activities and infrastructure.

This field day was in part informed by insights from members of the Responsible Drilling Alliance, a regional organization, and the knowledge and experiences of Peter Petokas, a biology and environmental science professor at Lycoming College who has explored and kept tabs on the area’s hellbender habitats for years.

FracTracker’s Matt Kelso used DEP data to develop maps illustrating various infrastructure, including 384 drilled wells on 96 different pads, nine compressor and metering stations, and 67 water facilities related to oil and gas extractionincluding 12 surface water withdrawal sites and 55 storage reservoirs. He then divided an area of about 272 square miles into five sections, and at least two participants explored each section. 

Using Matt’s maps, FracTracker’s mobile app, cameras, decibel and distance measuring apps, and other tools, the group visited and documented various infrastructure—while observing significant truck traffic and other evidence of the industry’s pervasiveness. As the groups navigated rural back roads and small state highways, many were struck by the juxtaposition of a bucolic landscape of rolling hills, green forests, and peaceful farmland with imposing, pollutive, and sometimes noisy and smelly fracking sites.

Additional fieldwork was conducted with assistance from Earthworks’ staff and their FLIR technology, as well as aerial photography and videography captured by FracTracker’s Ted Auch—with flying assistance from partners at LightHawk.

FracTracker then used the geolocated photos, video, and site-specific descriptionscoupled with variable datasets, research, and other literatureto compile this Story Atlas, an educational tool for concerned residents of the Lycoming Creek watershed, and an insightful resource for others living near fracking activity. 

The mobile app reports from this reconnaissanceand from locations across the U.S.are visible on the FracTracker mobile app, available for download on your iOS or Android device, or by visiting the web app at https://app.fractracker.org/.



Figure 19. The field day volunteers gathered before exploring the Lycoming Creek watershed. Photo by Shannon Smith, FracTracker Alliance.



Figure 20. This FLIR footage was recorded by Earthworks at NFG Midstream Trout Run LLC’s Hagerman gas processing and metering facility in Trout Run, Pennsylvania in June 2021. This recording captures visible air pollution from combustion and fugitive emissions at the facility.

Lycoming Creek Photo Map

View Full Size Map | Updated 3/1/2021 | Data Tutorial


Local insights

Much has changed in the Lycoming watershed since unconventional oil and gas exploration ramped up over the last 15 years—in terms of ecological deterioration, as well as the deterioration of locals’ attitudes toward the industry.

At first welcomed by many as a chance for financial gain through mineral rights leasing, some community members—especially those whose families have lived in the area for generations—watched their land drastically degenerated and their sovereign land rights eclipsed by industrial encroachment they did not foresee.

Between 2011 and 2018, unconventional oil and gas drilling—notably, hydraulic fracturing—transformed sections of forest and farmland into comparatively gritty industrial zones. 

“They were assured that, after the drilling phase was completed, they would hardly know the wells were there. They were also told that they had to decide quickly, and that everyone around them had already leased. A local anti-drilling advocacy group tried to warn them, but many locals distrusted environmentalists.”

As author and professor Colin Jerolmack references in his recent article for The New Republic, some landowners who willingly leased their mineral rights to oil and gas companies now view the industry’s activities with consternation. Incessant noise, traffic congestion, and foul odors have tarnished the once peaceful countryside. Even more disconcerting for property owners, the industry often operates however they please, with little consultation or consent—making some feel that they have lost their decision-making power and agency.

This disaffection potentially makes room for environmentalists to find common ground with those who embraced the industry, couched not in anti-fracking sentiments—and not necessarily in the essential need to mitigate the climate crisis—but in their shared love for the land.

Another big ecological concern in the punctured watershed centers on the fragile Eastern hellbender populations. Five conservation groups filed a lawsuit on July 1, 2021, challenging a 2019 decision to deny the amphibian protection under the Endangered Species Act. 

“The hellbender is an ancient species that deserves better protections,” said Betsy Nicholas, Executive Director of Waterkeepers Chesapeake, one of the groups involved in the lawsuit. “The hellbender reminds us that we all live downstream. As the upstream tributaries are disturbed and polluted, the hellbender disappears. And the same pollution flows downstream to our populated areas, threatening the use and enjoyment of our rivers. We need to pay attention to what happens to the hellbender.”

Once widespread across 15 states, Eastern hellbenders have been eliminated from most of their historic range and continue to face many threats, including low water flow and poor water quality, increasing water pollution, deforestation, residential development, mining—and of course—oil and gas development. 

Peter Petokas has been studying Eastern hellbender populations in the Lycoming watershed for 16 years. He is very concerned for the future of the species in the watershed, which holds one of the richest populations in Pennsylvania, concentrated in one of the few remaining streams with optimal water quality. Even so, a drought in 2020 left the area’s waterways with very low flows, which constrains the hellbender’s habitat and stresses the population. Because they lack protection under endangered species status, agencies may be remiss to implement enhanced regulations on discharges and withdrawals in the basin. Petokas remains hopeful that the pending lawsuit against the US Fish & Wildlife Service will restart an assessment for federal endangered/threatened species protection.

“If there’s ever a spill of anything, it’s the end, it would wipe out one of the best hellbender populations in Pennsylvania,” Petokas said.

Besides concerns about low water levels, the watershed is losing tree cover along streams to invasive insects and erosion. Riparian species like ash, sycamore, and river birches provide shade and keep the water cool enough for hellbenders to thrive. 


Figure 21. A pipeline path cuts through forest in McNett Township, Lycoming County. Photo by Shannon Smith.

What does the future hold?

“An ecological threshold is the tipping point at which incremental changes or disturbances cause drastic or disproportionate results … When you remove land past the ecological threshold, a species no longer has the options to tolerate the disturbance. Beyond this point, the losses become disproportionately large.” [i]

In addition to creating new stressors on aquatic life, natural gas development in the Lycoming Creek watershed—particularly land use changes—affect bird communities. The area contains nesting habitat for many species or is an important stopover during seasonal migrations. Forest interior birds, like the cerulean warbler, are most vulnerable. They need pristine habitat.

A watch list of birds threatened by gas development in northeastern Pennsylvania features several warblers, thrushes, vireos, and woodpeckers. Nearly half of the birds are on a conservation priority list, underscoring that fracking jeopardizes species already at risk. All bird species on the watch list are known to nest in or visit the Lycoming Creek watershed.

The noise, noxious fumes, and land clearing correspondent with fracked gas takes a toll on human communities, too. 

A loud and obtrusive competitor has complicated access to unfettered public forests. This troublesome tenant strains local resourcesand relationships. Rural qualities erode like the overburdened roads.

According to Colin Jerolmack—when writing about this very place in Up to Heaven and Down to Hellone’s decision to lease, “… alienates others’ rights to liberty and property.” [ii] This paradigm, “prevents many community stakeholders from having a say in decisions even though they absorb the externalities.” [iii]

The externalities here and in other gas and oilfields are consequential for the entire global community. “It seems increasingly apparent that to prevent catastrophic global warming, society must decarbonize rapidly,” [iv] says Jerolmack. 

Burning more methane will not get us to that goal. Words of wisdom flow from native sources: 

“At the height of battles over strip mining for coal, back in the 70s, it seemed unimaginable that we would knowingly make the same mistakes again with potential for doing such harm,” says Tim Palmer, former Lycoming County resident and author of Twilight of the Hemlocks and Beeches, “but here we are with another fossil-fuel industry leaving its mark that may last for generations on our land, waters, and communities.”  

“Fight like hell to mitigate the harm … while trying to stop the industry’s spread,” [v] says Ralph Kisberg, an activist from Williamsport. People are making a difference, from afar and closer to home, and Kisberg is optimistic. “I doubt I’ll live to see a clean energy world, but maybe a clean energy U.S. economy…” [vi]

Clean and restorative, like the promise of a cool mountain stream.


Figure 22. Miner’s Run, a stream in the Lycoming Creek watershed. Photo by Tim Palmer.

THANKS TO…



Thank you to all the inspiring and persistent environmental stewards who have contributed to the creation of this digital atlas:


Project funding provided by:


SOURCES

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Risky Byhalia Connection Pipeline Threatens Tennessee & Mississippi Health, Water Supply

 

VIEW MAP & DATA

Overview

In December 2019, Plains All-American and Valero pipeline companies announced plans to build the 49-mile Byhalia Pipeline through southwestern Tennessee and northwestern Mississippi. The proposed Byhalia Connection Pipeline is a 24-inch, high pressure (1500 psi) conduit, conveying crude oil coming Oklahoma, bound for the Gulf coast. The pipeline, which is designed to carry up to 420,000 barrels of oil a day, provides a link between the Diamond Pipeline to the west and the Capline Pipeline to the east. Construction is planned to begin in early 2021, and be completed by year’s end. Plains All-American insists that all safety precautions are being considered, but the outcry among residents and environmental advocates has been considerable.

Many factors—environmental, geological, social, and economic—have emerged as reasons that this pipeline should not move ahead. And industry most certainly didn’t count on pushback from the local community. Residents, allies, and the media have risen up to challenge the project. In this article, we’ll take a look at the story from various perspectives, augmented by FracTracker’s mapping insights.

UPDATE: On Friday, July 2, 2021, Plains All American announced that it would be abandoning its plans to build the controversial Byhalia Connection Pipeline. As one activist involved in the fight proudly stated, “We’ve shown them that we aren’t the path of least resistance. We are the path of resilience.” Read more about this momentous victory for the people of South Memphis here

Contents

Environmental and hydrological

Human health

Geological

Demographics and disaster preparedness

Economics and land ownership

Pipeline Incidents

Where From Here?


Byhalia Connection Pipeline

This interactive map looks at the various risks associated with the proposed Byhalia Connection Pipeline. The map contains all of the data layers related to the topics in this article. Scroll down in this article to find interactive maps separated out by topic. All data sources are listed in the “Details” section of the maps, as well as at the end of this article. Items will activate in this map dependent on the level of zoom in or out.

View Full Screen | Updated March, 2021

Environmental and hydrological

The 49-mile route of the proposed Byhalia Connection Pipeline passes through a patchwork of rural, suburban, and urban landscapes. Along the route, the pipeline would cross seven named waterways — Johnson Creek, Hurricane Creek, Bean Patch Creek, Camp Creek, Short Brook, Camp Creek Canal, and Coldwater Creek — and also pass immediately adjacently to a nearly 5-mile-long wetlands complex that surrounds the Coldwater River. But the natural environment is home to many more waterways than those that have official names on topographic maps. According to FracTracker’s inspection of National Wetlands Inventory data collected by the United States Fish and Wildlife Service, the proposed pipeline crosses or touches 62 streams in 102 separate locations, 25 forested wetlands, an emergent wetland, 17 ponds, and one lake.

Close to the City of Memphis, 0.8 miles of the pipeline would run directly through the Davis Wellfield Wellhead Protection Zone. The proposed pipeline is located over the extraordinary Memphis Sands Aquifer, which provides potable water for more than 400,000 people. Memphis Light, Gas and Water (MLGW) Company pumps water from over 175 artesian wells in Shelby County, Tennessee, alone—right in the path of the pipeline route. The aquifer itself is a sensitive resource, already under demand by the human population of the area, as well as many industries such as breweries and as a supply of cooling water for a nearby power plant.

Memphis Sands Aquifer is part of the larger Middle Claiborne Aquifer, a groundwater and geological unit in the lower Mississippi drainage. Technically speaking, the Memphis Sands portion of the aquifer is located in Tennessee, but is continuous with the Sparta Sands Aquifer, located in Mississippi. In the eastern portion of the Byhalia Connection’s proposed route, wetlands along Coldwater River are directly part of the recharge zone of this aquifer.

Byhalia hydrologic components

To learn more about the hydrologic features that may be impacted by the proposed Byhalia Connection Pipeline, explore our interactive map. When this map is viewed full-size, you can choose to view additional layers from the drop-down Layers menu.

View Full Screen | Last updated March 2021

 

The Memphis Sands Aquifer lies 350 to 1000 feet under Memphis (see Figure 1), and spans an area of 7500 square miles, roughly the size of Lake Ontario. “It’s one of the best (aquifers) in the world in terms of thickness, aerial content, quality of water”, according to Roy Van Arsdale, Professor of Geology at University of Memphis. Under Shelby County alone — where Memphis is located — the aquifer contains approximately 58 trillion gallons of clean water. Over time, the aquifer has seen threats from overpumping, as the population of Memphis grew. In addition, industrial pollution has turned up in some samples, including cancer-causing benzene. Policy protections on the aquifer have been lacking, although there is increasingly vocal public awareness about the need for more comprehensive groundwater resource protection in the area.

 

Figure 1. Cross-section of aquifers under Memphis, TN. Graphic modified from here.

 

Although water withdrawals from the aquifer have declined significantly since 2000 due, in part, to more water-efficient household appliances that reduce demand in comparison with older models, the MLGW pumped 126 million gallons a day from the aquifer in 2015. Consequently, the level of the aquifer has been rising in recent years, as the rate of recharge has exceeded use.

The courts have suggested that the water in the aquifer is an intrastate resource, and that therefore, Mississippi cannot have sole governance over the extraction of the water within its state boundaries. Instead, usage should be through “equitable apportionment.” Further arguments are still pending, as of late 2020. In short, as Figure 1 shows, withdrawal and recharge of the aquifer do not respect state boundaries.

The details of water law, and who can tap into these, and other deep, ancient aquifers, are complex questions in which agriculture, ecology, geology, and technology bump up against each other. All of these interests, not to mention human health, could be heavily impacted by a crude oil pipeline rupture or other accident that resulted in contamination of this groundwater resource.

Human health

Crude oil spills release a panoply of volatile organic compounds into the air and water that are extremely harmful to human and environmental health. These include benzene, ethylbenzene, toluene, and xylene. Polycyclic aromatic hydrocarbons (PAHs), such as carcinogenic benzo[a]pyrene, are also released. In addition, if the oil combusts, hydrogen sulfide gas, as well as heavy metals, including nickel, mercury, and cadmium, will become airborne.

Figure 2. Observed/documented oil spill-induced acute and chronic human health effects. Source: Guidance for the Environmental Public Health Management of Crude Oil Incidents, Health Canada (2018).

 

The take-away is that crude oil spills from pipelines are not uncommon, result in environmental damage, impacts on the health and safety of workers and nearby residents. Most importantly, despite monitoring and inspections, pipelines fail. A partial list of pipeline failures is shown in the sidebar.

Within the 2-mile buffer of the pipeline, there are 20 facilities that the United States Environmental Protection Agency (US EPA) lists in its Toxic Release Inventory (TRI), including several chemical plants associated with hydrocarbon extraction. Carcinogens such as polycyclic aromatic compounds, benzene, styrene, dioxins, and naphthalene are just a few of the compounds produced by facilities owned by Valero Energy Corporation, Drexel Chemical Company, and other companies within the 2-mile buffer zone of the pipeline, which compound the risks to the populations there. In addition, while the TRI lists exposure to toluene and xylene from these facilities, neither are categorized by EPA’s TRI database as a carcinogen due to a lack of data; however, their deleterious impacts on the central nervous system are undeniable, and well- documented (see examples here and here).

Byhalia civic and industrial facilities

View Full Screen | Updated March, 2021

In this interactive map, you can see sites in the proposed Byhalia Connection route that are listed in the TRI, as well as civic facilities like schools, daycare centers, and health care facilities. When this map is viewed full-size, you can choose to view additional layers from the drop-down Layers menu.

Geological

The most active seismic fault line in the eastern United States — the New Madrid Fault — is located about 40 miles from one end of the proposed pipeline (see Figure 2). The last major earthquakes along this fault line occurred in 1811 and 1812. Although the current Richter scale was not in use at that time, first quake in mid-December 1811 was estimated to have had a magnitude of between 7.2 and 8.2, and was followed by an aftershock of about 7.4. In January and February of 1812, there were additional earthquakes of this magnitude. Obviously, at this time in history, there was relatively sparse population in the area, and little infrastructure. Were such a quake to occur today, the outcomes would be catastrophic.

Figure 3: New Madrid Seismic Zone. Source: United States Geological Survey

 

According to a Wikipedia entry, “[i]n October 2009, a team composed of University of Illinois and Virginia Tech researchers headed by Amr S. Elnashai, funded by the Federal Emergency Management Agency, considered a scenario where all three segments of the New Madrid fault ruptured simultaneously with a total earthquake magnitude of 7.7. The report found that there would be significant damage in the eight states studied – Alabama, Arkansas, Illinois, Indiana, Kentucky, Mississippi, Missouri, and Tennessee – with the probability of additional damage in states farther from the New Madrid Seismic Zone. Tennessee, Arkansas, and Missouri would be most severely impacted, and the cities of Memphis, Tennessee, and St. Louis, Missouri, would be severely damaged. The report estimated 86,000 casualties, including 3,500 fatalities, 715,000 damaged buildings, and 7.2 million people displaced, with two million of those seeking shelter, primarily due to the lack of utility services. Direct economic losses, according to the report, would be at least $300 billion.” Source: University of Illinois report]

Another article on the New Madrid fault added that “….the US Geological Survey and the University of Memphis Center for Earthquake Research estimate there’s a 7 to 10 percent chance of a major quake — one with a magnitude between 7.5 and 8.0 — occurring in the region in the next 50 years….’ The scope is about as big as you could possibly have,’ said Jonathon Monken, director of the Illinois Emergency Management Agency and chairman of the Central U.S. Earthquake Consortium… ‘Putting it in a purely financial context, Hurricane Katrina was a $106 billion disaster. We estimate this would be a $300 billion disaster, the worst in the history of the United States.’”

Earthquake damage to pipelines can occur from movement on the fault itself, soil liquefaction, uplift, and landslides, resulting in potentially catastrophic situations. Engineering solutions to minimize or prevent seismic damage to pipelines do exist. These solutions must be part of the overall pipeline design, however. For example, the Trans-Alaska oil pipeline was constructed with considerations for earthquake impacts in mind. For more information, read about the solution that was implemented there.

Byhalia geological context

This map shows the New Madrid seismic zone in the context of the proposed Byhalia Connection Pipeline. When this map is viewed full-size, you can choose to view additional layers from the drop-down Layers menu.

View Full Screen | Updated March 2021

Demographics and disaster preparedness

As eloquently reported in a series of articles in mlk50.com, the siting of the Byhalia Connection Pipeline is not only an issue environmental tied with the natural environment. This is very much an issue of environmental justice, as well. Many of the census blocks along the proposed, preferred route of the pipeline, are 99% Black. Boxtown, a community in southwest Memphis is one of places, and already has a long history of impacts by environmental contamination from the dozens of industries that operate there. Toxic waste from coal power plants includes heavy metals and radioactive materials.

The pipeline route from Memphis to its terminus in Mississippi takes a circuitous route, avoiding wealthier parts of the city and its suburbs, but goes directly through low-income areas, some of which are inhabited by a nearly 100% Black population.

FracTracker looked at US Census data along the pipeline route, and calculated a half-mile (minimum recommended) and two-mile buffer zone from the pipeline right-of-way to consider populations that might be impacted in the case of an accident.

Byhalia route demographics

Explore the the demographics along the proposed Byhalia Connection Pipeline route. When this map is viewed full-size, you can choose to view additional layers from the drop-down Layers menu, such as the non-white population ration along the proposed pipeline route.

View Full Screen | Updated March 2021

There are 15,000 people living in the immediate evacuation zone of a half mile from the pipeline. In some parts of South Memphis, within this half-mile evacuation zone, population density is above 4,000 people per square mile, and the Black population approaches 100%. Within a two mile distance, the number climbs to over 76,000. Depending on the direction of the wind, a crude oil-induced fire could spew dangerous levels of volatile organic compounds through the air towards these populations. The disproportional risks to minority and low-income populations make the location of this pipeline — undeniably — an issue of environmental justice.

 

Demographic Within ½ mile of Byhalia Connection Pipeline Within 2 miles of Byhalia Connection Pipeline
Total population 15,041 76,016
Non-white population 7204 (48%, although some parts of South Memphis are 99+%) 27,548 (36%, although some parts of South Memphis are 99+%)
Low income population 4272 (28%, although some parts of South Memphis are 90+%) 43,486(57%, although some parts of South Memphis are 90+%)

Table 1: Population demographics along the proposed Byhalia Connection pipeline corridor.

 

Key civic facilities are also located within the half-mile evacuation zone of the pipeline. Were a disaster to occur, would the schools, childcare centers and medical facilities be able to successfully usher their residents and students to safety? Would they have had regular safety trainings to prepare them for this possibility?

 

Facility Within ½ mile of pipeline Within 2 miles of pipeline
Child care 4 (one within 800 feet) 30
Public school 2 (one within 800 feet) 26
EMS 2 11
Hospital 0 1
Private school 0 1

Table 2: Facilities along the proposed Byhalia Connection pipeline corridor (also shown in the interactive map here).

 

Al Gore calls proposed Byhalia Connection pipeline ‘reckless, racist rip-off’ at rally

Former Vice President Al Gore voiced his opposition to the Byhalia Connection and put Memphis elected officials on notice during a rally against the pipeline on March 14, 2021.

Source: Article in commercialappeal.com

“Why is it that 64% of the polluting facilities of these pipeline communities are located in or adjacent to Black communities? Why is it that the cancer rate in SW Memphis four times higher than the national average? Why is it that Black children suffer from asthma three times more than white children? Why is it that the death rate from asthma for Black children is ten times higher than for white children?” – Former Vice President Al Gore

And two days later, on March 16th, the Memphis City Council unanimously approved a resolution that opposes the Byhalia Connection Pipeline project.

Economics and land ownership

Approximately 300 property owners adjacent to the pipeline have already accepted monetary compensation to abandon their homes or sell property easements to make way for the pipeline. If a landowner refuses payment offered by the pipeline company for a property easement — often far under market value — the company can take the landowner to court, and seize the property (or portion of it) with no requirement of compensation. Although a majority of property owners accepted the terms of the easements drawn up by Byhalia’s developers, at least 14 did not. When numerous owners refused, nine properties were targeted for taking by eminent domain, and sued by the pipeline company. The Southern Environmental Law Center (SELC) is defending many of these property owners, claiming that the seizures — regardless of whether they are temporary or permanent — do not comply with the criteria of meeting a public good. The oil being transported in the proposed pipeline is entirely bound for export.

“The pipeline company is not created by, affiliated with or owned by the government, and the general public would have no access to the proposed crude oil pipeline… So, there is no ‘public use’ justifying the use of the condemnation power as required by Tennessee law,” said one of SELC’s attorneys. In addition, SELC has cited the illegality of the pipeline route because it runs through the municipal wellfield, and therefore violates permits issued by the Army Corps of Engineers. The Army Corp was still considering this request, as of mid-January 2021.

Furthermore, the eminent domain targeting of land owned by Black Americans in the south is a pointed question of racial justice. Historically, black and brown people throughout the United States have had far lower levels of home ownership than whites. This gap is most pronounced in lower income areas.

Figure 5: Homeownership rate in the US, by household income (2017). Source: The Urban Institute.

 

“The 71.9 percent white homeownership rate in 2017 represented a 0.7 percentage point decline since 2010, and the 41.8 percent black homeownership rate represented a 2.7 percentage point decline during that same period. The 30.1 percentage point gap is wider than it was when race-based discrimination against homebuyers was legal.” The Urban Institute

Figure 6: Homeownership in the US by race or ethnicity. Source: The Urban Institute.

 

Losing land to eminent domain represents a loss of control for a landowner — white or black. But the loss is especially unjust when a property may have been so hard won, and sometimes the result of a multi-generational lineage of ownership, as is the case for many properties along the Byhalia right-of-way.

Pipeline Incidents

Crude oil spills, 2010-2021

FracTracker has created an interactive map showing the locations of crude oil spills across the United States between 2010 and 2021, using the most up-to-date information from PHMSA, the Pipeline and Hazardous Materials Safety Administration.

View Full Screen | Updated March, 2021


You can also read more about a wider diversity of hazardous liquid materials accidents analyzed by FracTracker in an article from February 2020, entitled “Pipelines Continue to Catch Fire and Explode”.

Case study of a pipeline explosion

A 2020 research paper states, “Modeling and analysis of a catastrophic oil spill and vapor cloud explosion in a confined space upon oil pipeline leaking” provides a stark example of the damage done from the leak and explosion of a crude oil pipeline operating at a third of the pressure proposed for Byhalia.

“It is obvious that the explosion caused big damages to the adjacent buildings, roads, and public structures. Moreover, the explosion, combustion, and the shock wave caused injuries and deaths of workers, pedestrians, and residents. The total affected zone spread nearly 5 km [3.1 miles].”

 

Note: The oil pipeline shown in Shengzhu, Xu, et al.’s paper in was 28 inches in diameter, and operating at a pressure of between 400 and 660 psi. A vapor cloud from the spill into a municipal drainage area caused this explosion, which killed 62 people and injured 136 in November 2013. The 24-inch, proposed Byhalia pipeline would operate at triple the pressure of the pipeline shown in these photos of its explosion.

(a) bird’s eye view of the location of the explosion point, (b) scene of the oil spill point after explosion, (c) scene of the nearby street, (d) scene of the drainage of the adjacent plant.

Figure 7: Scene of an oil pipeline explosion site in China. (a) bird’s eye view of the location of the explosion point, (b) scene of the oil spill point after explosion, (c) scene of the nearby street, (d) scene of the drainage of the adjacent plant. Image from Shengzhu, Xu, et al.

Guidance in the case of a crude oil incident

Health Canada published the information document Guidance on the Management of Crude Oil Incidents (2018), which details important information about how to deal with crude oil spills. Here are checklists on whether to evacuate or shelter in place and information on determining protective zone distances, particularly downwind of a spill from the 2016 Emergency Response Guidebook.

In case of a large spill: Consider initial downwind evacuation for at least 300 meters (1000 feet).

In case of a fire: If tank, rail car or tank truck is involved in a fire, ISOLATE for 800 meters (1/2 mile) in all directions; also, consider initial evacuation for 800 meters (1/2 mile) in all directions. Source: Petroleum crude oil hazards

Where from here?

The Byhalia Connection Pipeline is receiving considerable scrutiny, both from media sources like the Memphis Daily News and MLK50, as well as advocacy groups including Sierra Club’s Tennessee Chapter, the Southern Environmental Law Center, Memphis Community Against the Pipeline, and Protect Our Aquifer. In a move considered egregious by a vast swath of stakeholders, in early February 2021, the US Army Corps of Engineers approved a Nationwide 12 permit to fast-track the Byhalia project, effectively cutting out public comment from the process, and lightening the environmental review requirements. Because the project touches vulnerabilities in the intersection of environment, economics, health, safety, and social justice, this discussion is not likely to easily recede into the background, despite placating claims by the companies that are poised to profit.

Protests are ongoing, and just recently, on February 22, 2021, United States Congressional Representative Steve Cohen sent a direct appeal to President Biden to revoke a key permit for Byhalia, directly citing the burden the pipeline would impose on long-suffering Black neighborhoods in South Memphis. Simultaneously, the Public Works Department of Memphis is considering a resolution condemning the pipeline, and asking the Memphis Light, Gas, and Water Division to oppose the project.

This story will undoubtedly continue to evolve in the upcoming months.

The Takeaway

Regardless of where a pipeline is sited, there are inevitably risks to the environment, and to human communities living nearby. The proposed Byhalia Connection pipeline project is situated in a particularly problematic intersection where environmental justice, hydrology, geology, and risks to human and environmental health intersect. Without taking all of these factors into consideration, a potentially catastrophic cascade of impacts may ensue. Engagement and resistance to the project by the residents in the area, as well as support by advocacy groups, will hopefully result in comprehensive consideration of all the risks. Time will tell whether the project is modified, or simply defeated.

 

September 16, 2021 update:
In September, 2021, building on lessons learned from the fight against the now-defeated Byhalia Pipeline, Shelby County policymakers approved an ordinance that prohibits construction of new pipelines within 1500 feet of residential areas. The Memphis City Council is also expected to eventually vote on an ordinance that will directly protect the Memphis Sand Aquifer. 

References & Where to Learn More

MLK50.com maintains an archive of excellent reading materials on this controversial project that can be found here.

Topics in this Article

Pipelines | Social | Water

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California Oil & Gas Setbacks Recommendations Memo

 

Kyle Ferrar, Western Program Coordinator for FracTracker Alliance, contributed to the December 2020 memo, “Recommendations to CalGEM for Assessing the Economic Value of Social Benefits from a 2,500’ Buffer Zone Between Oil & Gas Extraction Activities and Nearby Communities.”

 

Below is the introduction, and you can find the full memo here.

Introduction

The purpose of this memo is to recommend guidelines to CalGEM for evaluating the economic value of the social benefits and costs to people and the environment in requiring a 2,500 foot setback for oil and gas drilling (OGD) activities. The 2,500’ setback distance should be considered a minimum required setback. The extensive technical literature, which we reference below, analyzes health benefits to populations when they live much farther away than 2,500’, such as 1km to 5km, but 2,500’ is a minimal setback in much of the literature. Economic analyses of the benefits and costs of setbacks should follow the technical literature and consider setbacks beyond 2,500’ also.

The social benefits and costs derive primarily from reducing the negative impacts of OGD pollution of soil, water, and air on the well-being of nearby communities. The impacts include a long list of health conditions that are known to result from hazardous exposures in the vulnerable populations living nearby. The benefits and costs to the OGD industry of implementing a setback are more limited under the assumption that the proposed setback will not impact total production of oil and gas.

The comment letter submitted by Voices in Solidarity against Oil in Neighborhoods (VISIÓN) on November 30, 2020 lays out an inclusive approach to assessing the health and safety consequences to the communities living near oil and gas extraction activities. This memo addresses how CalGEM might analyze the economic value of the net social benefits from reducing the pollution suffered by nearby communities. In doing so, this memo provides detailed recommendations on one part of the broader holistic evaluation that CalGEM must use in deciding the setback rule.

This memo consists of two parts. The first part documents factors that CalGEM should take into account when evaluating the economic benefits and costs of the forthcoming proposed rule. These include factors like the adverse health impacts of pollution from OGD, the hazards causing them and their sources, and the way they manifest into social and economic costs. It also describes populations that are particularly vulnerable to pollution and its effects as well as geographic factors that impact outcomes.

The second part of this memo documents the direct and indirect economic benefits of the proposed rule. Here, the memo discusses the methods and data that should be leveraged to analyze economic benefits of reducing exposure to OGD pollution through setbacks. This includes the health benefits, impacts on worker productivity, opportunity costs of OGD activity within the proposed setback, and the fact that impacted communities are paying the external costs of OGD.

 

 

Please find the full memo here.

 

 

 

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