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Map of the Standing Rock protest - Oil is flowing through the DAPL, but the Standing Rock Lakota Sioux Tribe have challenged the permit and are petitioning for the release of Chase Iron Eyes

An Ongoing Fight at Standing Rock

We live in a complex environment of local, regional, national, and international issues. We are constantly bombarded with a news cycle that regenerates at increasingly dizzying speeds. How can we possibly know what is truly important when hyped up twitter controversies clog up our news feeds?

In this quantity-over-quality culture, many of the most important issues and fights for civil rights and energy justice become casualties of a regression to ignorance.

At FracTracker, we disagree with this tactic – especially as it relates to the protests at Standing Rock. FracTracker has previously written about these demonstrations (shown in the map above), and has also analyzed and mapped data on oil spills from pipelines in North Dakota. We will continue FracTracker’s coverage of Standing Rock and the Water Protectors who fought – and continue to fight – the Dakota Access Pipeline (DAPL), known as the Black Snake.

Following the Fight

For those unaware, the fight against the Dakota Access Pipeline operated by Energy Transfer Partners, continues. While the project was green-lighted by the Trump Administration and Bakken oil began flowing in June of 2017, the court has returned the permits to the U.S. Army Corps of Engineers. A U.S. District Court judge ruled that the initial approval of the pipeline did not undergo adequate study of its environmental consequences. The finding stated that the Army Corps provided a flawed model, inadequate for predicting the full impacts of a leak under Lake Oahe. The model does not consider what would happen in the event of a leak under the lake. It models only benzene — one of many toxic chemicals present in crude oil — and models its movement in an unrealistic manner. Energy Transfer Partners claims the model is conservative, but it massively underestimates the potential impacts on human health and wildlife. The Army Corps provides no plan to contain an underground leak or clean contaminated soil and groundwater under Lake Oahe.

On a related note, DAPL’s parent company, Energy Transfer Partners, said in a recent annual report that it may not have sufficient liquid assets to finance a major cleanup project and would likely pass those costs onto local landowners and federal taxpayers. Energy Transfer Partners has since filed a racketeering lawsuit seeking $300 million in damages from the Red Warrior Camp at Standing Rock.

Upon finding the Army Corps’s model inadequate, the court returned the permits for further review. According to EarthJustice attorney Jan Hassleman:

… the agency could simply revise or update its environmental review and again conclude that no EIS (environmental impact statement) is required. If that happens, additional legal challenges are likely. The Tribe believes this court decision should trigger a full EIS, including consideration of route alternatives, just as the Obama administration proposed in December.

Normally, when a permit is issued in violation of the National Environmental Protection Act (NEPA), operations are suspended, which would have forced the DAPL to shut down while the review is conducted. Contrary to the usual protocol, on October 11, 2017 a federal judge ruled that the pipeline will remain operational pending the environmental review by the Army Corps. Standing Rock Sioux Chairman Dave Archambault II has said in a statement, however, “Just because the oil is flowing now doesn’t mean that it can’t be stopped.”

More Information and Resources

The Lakota People’s Law Project (LPLP) has been a resource to Lakota country – an area comprised of nine Indian reservation in North and South Dakota – since 2004.  The LPLP supports a number of campaigns including divestment and energy justice, and has published several reports:

Special thanks to the Lakota People’s Law Project and Rachel Hallett-Ralston for the information provided.

In January of 2017, 76 Water Protectors including Chase Iron Eyes were arrested on land granted to the Standing Rock Lakota Sioux Tribe under the 1851 Treaty of Fort Laramie. Chase Iron Eyes, Lead Counsel of the Lakota People’s Law Project, has been charged with felony incitement to riot and misdemeanor criminal trespass. In the interview above, Chase Iron Eyes discusses his involvement with Standing Rock and the political pressures to make an example out of him. Read the Lakota People’s Law Project petition here.


By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance

The feature image is a snapshot of our Standing Rock Protest Map, created last year.

SCOTT STOCKDILL/NORTH DAKOTA DEPARTMENT OF HEALTH VIA AP - for oil spills in North Dakota piece

Oil Spills in North Dakota: What does DAPL mean for North Dakota’s future?

By Kate van Munster, Data & GIS Intern, and
Kyle Ferrar, Western Program Coordinator, FracTracker Alliance

Pipelines are hailed as the “safest” way to transport crude oil and other refinery products, but federal and state data show that pipeline incidents are common and present major environmental and human health hazards. In light of current events that have green-lighted multiple new pipeline projects, including several that had been previously denied because of the environmental risk they pose, FracTracker Alliance is continuing to focus on pipeline issues.

In this article we look at the record of oil spills, particularly those resulting from pipeline incidents that have occurred in North Dakota, in order to determine the risk presented by the soon-to-be completed Dakota Access Pipeline.

Standing Rock & the DAPL Protest

To give readers a little history on this pipeline, demonstrators in North Dakota, as well as across the country, have been protesting a section of the Dakota Access Pipeline (DAPL) near the Standing Rock Sioux Tribe’s lands since April 2016. The tribe’s momentum has shifted the focus from protests at the build site to legal battles and a march on Washington DC. The pipeline section they are protesting has at this point been largely finished, and is slated to begin pumping oil by April 2017. This final section of pipe crosses under Lake Oahe, a large reservoir created on the Missouri River, just 1.5 miles north of the Standing Rock Sioux Tribal Lands. The tribe has condemned the pipeline because it cuts through sacred land and threatens their environmental and economic well-being by putting their only source for drinking water in jeopardy.

Pipelines

… supposedly safest form of transporting fossil fuels, but …

Pipeline proponents claim that pipelines are the safest method of transporting oil over long distances, whereas transporting oil with trucks has a higher accident and spill rate, and transporting with trains presents a major explosive hazards.

However, what makes one form of land transport safer than the others is dependent on which factor is being taken into account. When considering the costs of human death and property destruction, pipelines are indeed the safest form of land transportation. However, for the amount of oil spilled, pipelines are second-worst, beaten only by trucks. Now, when it comes to environmental impact, pipelines are the worst.

What is not debatable is the fact that pipelines are dangerous, regardless of factor. Between 2010 and October 2016 there was an average of 1.7 pipeline incidents per day across the U.S. according to data from the Pipeline and Hazardous Materials Safety Administration (PHMSA). These incidents have resulted in 100 reported fatalities, 470 injuries, and over $3.4 billion in property damage. More than half of these incidents were caused by equipment failure and corrosion (See Figures 1 and 2).

incidentcounts

Figure 1. Impacts of pipeline incidents in the US. Data collected from PHMSA on November 4th, 2016 (data through September 2016). Original Analysis

pipeline incidents causes

Figure 2. Cause of pipeline incidents for all reports received from January 1, 2010 through November 4, 2016. Original Analysis

Recent Spills in North Dakota

To dig into the risks posed in North Dakota more specifically, let’s take a look at some spill data in the state.

Map 1. Locations of Spills in North Dakota, with volume represented by size of markers


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In North Dakota alone there have been 774 oil spill incidents between 2010 and September 2016, spilling an average of 5,131 gallons of oil per incident. The largest spill in North Dakota in recent history, and one of the largest onshore oil spills in the U.S., took place in September 2013. Over 865,000 gallons of crude oil spilled into a wheat field and contaminated about 13 acres. The spill was discovered several days later by the farmer who owns the field, and was not detected by remote monitors. The state claims that no water sources were contaminated and no wildlife were hurt. However, over three years of constant work later, only about one third of the spill has been recovered.

This spill in 2013 may never be fully cleaned up. Cleanup attempts have even included burning away the oil where the spill contaminated wetlands.

More recently, a pipeline spilled 176,000 gallons of crude oil into a North Dakota stream about 150 miles away from the DAPL protest camps. Electronic monitoring equipment, which is part of a pipeline’s safety precautions, did not detect the leak. Luckily, a landowner discovered the leak on December 5, 2016 before it got worse, and it was quickly contained. However, the spill migrated nearly 6 miles down the Ash Coulee Creek and fouled a number of private and U.S. Forest lands. It has also been difficult to clean up due to snow and sub-zero temperatures.

Even if a spill isn’t as large, it can still have a major effect. In July 2016, 66,000 gallons of heavy oil, mixed with some natural gas, spilled into the North Saskatchewan River in Canada. North Battleford and the city of Prince Albert had to shut off their drinking water intake from the river and were forced to get water from alternate sources. In September, 2 months later, the affected communities were finally able to draw water from the river again.

Toxicology of Oil

Hydrocarbons and other hazardous chemicals

Crude oil is a mixture of various hydrocarbons. Hydrocarbons are compounds that are made primarily of carbon and hydrogen. The most common forms of hydrocarbons in crude oil are paraffins. Crude oil also contains naphthenes and aromatics such as benzene, and many other less common molecules. Crude oil can also contain naturally occurring radioactive materials and trace metals. Many of these compounds are toxic and carcinogenic.

hydrocarbons

Figure 3. Four common hydrocarbon molecules containing hydrogen (H) and carbon (C). Image from Britannica

Crude oil spills can contaminate surface and groundwater, air, and soil. When a spill is fresh, volatile organic compounds (VOCs), such as benzene, quickly evaporate into the air. Other components of crude oil, such as polycyclic aromatic hydrocarbons (PAHs) can remain in the environment for years and leach into water.

Plants, animals, and people can sustain serious negative physical and biochemical effects when they come in contact with oil spills. People can be exposed to crude oil through skin contact, ingestion, or inhalation. Expsure can irritate the eyes, skin, and respiratory system, and could cause “dizziness, rapid heart rate, headaches, confusion, and anemia.” VOCs can be inhaled and are highly toxic and carcinogenic. PAHs can also be carcinogenic and have been shown to damage fish embryos. When animals are exposed to crude oil, it can damage their liver, blood, and other tissue cells. It can also cause infertility and cancer. Crops exposed to crude oil become less nutritious and are contaminated with carcinogens, radioactive materials, and trace metals. Physically, crude oil can completely cover plants and animals, smothering them and making it hard for animals to stay warm, swim, or fly.

An Analysis of Spills in ND

Below we have analyzed available spill data for North Dakota, including the location and quantity of such incidents.

North Dakota saw an average of 111 crude oil spills per year, or a total of 774 spills from 2010 to October 2016. The greatest number of spills occurred in 2014 with a total of 163. But 2013 had the largest spill with 865,200 gallons and also the highest total volume of oil spilled in one year of 1.3 million gallons. (Table 1)

Table 1. Data on all spills from 2010 through October 2016. Data taken from PHMSA and North Dakota.

  2010 2011 2012 2013 2014 2015 Jan-Oct 2016
Number of Spills 55 80 77 126 163 117 156
Total Volume (gallons) 332,443 467,544 424,168 1,316,910 642,521 615,695 171,888
Ave. Volume/Spill (gallons) 6,044 5,844 5,509 10,452 3,942 5,262 1,102
Largest Spill (gallons) 158,928 106,050 58,758 865,200 33,600 105,000 64,863

The total volume of oil spilled from 2010 to October 2016 was nearly 4 million gallons, about 2.4 million of which was not contained. Most spills took place at wellheads, but the largest spills occurred along pipelines. (Table 2)

Table 2. Spills by Source. Data taken from PHMSA and North Dakota.

  Wellhead Vehicle Accident Storage Pipeline Equipment Uncontained All Spills
Number of Spills 694 1 12 54 13 364 774
Total Volume (gallons) 2,603,652 84 17,010 1,281,798 68,623 2,394,591 3,971,169
Ave. Volume/Spill (gallons) 3,752 84 1,418 23,737 5,279 6,579 5,131
Largest Spill (gallons) 106,050 84 10,416 865,200 64,863 865,200 865,200

A. Sensitive Areas Impacted

Spills that were not contained could potentially affect sensitive lands and waterways in North Dakota. Sensitive areas include Native American Reservations, waterways, drinking water aquifers, parks and wildlife habitat, and cities. Uncontained spill areas overlapped, and potentially contaminated, 5,875 square miles of land and water, and 408 miles of streams.

Drinking Water Aquifers – 2,482.3 total square miles:

  • Non-Community Aquifer – 0.3 square miles
  • Community Aquifer – 36 square miles of hydrologically connected aquifer
  • Surficial Aquifer – 2,446 square miles of hydrologically connected aquifer

A large area of potential drinking water (surficial aquifers) are at risk of contamination. Of the aquifers that are in use, aquifers for community use have larger areas that are potentially contaminated than those for non-community use.

Native American Tribal Reservation

  • Fort Berthold, an area of 1,569 square miles

Cities – 67 total square miles

  • Berthold
  • Dickinson
  • Flaxton
  • Harwood
  • Minot
  • Petersburg
  • Spring Brook
  • Stanley
  • West Fargo

Map 2. Areas where Oil Spills Present Public Health Threats


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B. Waterways Where Spills Have Occurred

  • Floodplains – 73 square miles of interconnected floodplains
  • Streams – 408 miles of interconnected streams
  • Of the 364 oil spills that have occurred since 2010, 229 (63%) were within 1/4 mile of a waterway
  • Of the 61 Uncontained Brine Spills that have occurred since 2001, 38 (63%) were within 1/4 mile of a waterway.

If a spill occurs in a floodplain during or before a flood and is uncontained, the flood waters could disperse the oil over a much larger area. Similarly, contaminated streams can carry oil into larger rivers and lakes. Explore Map 3 for more detail.

Map 3. Oil Spills in North Dakota Waterways


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C. Parks & Wildlife Habitat Impacts

1,684 total square miles

Habitat affected

  • National Grasslands – on 1,010 square miles of interconnected areas
  • United States Wildlife Refuges – 84 square miles of interconnected areas
  • North Dakota Wildlife Management Areas – 24 square miles of interconnected areas
  • Critical Habitat for Endangered Species – 566 square miles of interconnected areas

The endangered species most affected by spills in North Dakota is the Piping Plover. Explore Map 4 for more detail.

Map 4. Wildlife Areas Impacted by Oil Spills


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Methods

Using ArcGIS software, uncontained spill locations were overlaid on spatial datasets of floodplains, stream beds, groundwater regions, sensitive habitats, and other sensitive regions.

The average extent (distance) spilled oil traveled from uncontained spill sites was calculated to 400 meters. This distance was used as a buffer to approximate contact of waterways, floodplains, drinking water resources, habitat, etc. with uncontained oil spills.

Oil Spills in North Dakota Analysis References:


Cover Photo: The site of a December 2016 pipeline spill in North Dakota. Credit: Scott Stockdill/North Dakota Department of Health via AP

Oil and Gas Wastes are Radioactive – and Lack Regulatory Oversight

Highlighting the maps of radioactive oil and gas exploration and production wastes created in collaboration with the Western Organization of Research Councils

By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance
Scott Skokos, Western Organization of Research Councils

Oil and gas waste can be radioactive, but it is not considered “hazardous,” at least according to the federal government. In this article, we summarize several of the hazardous risks resulting from the current federal policy that fails to regulate this massive waste stream, and the gaps left by states. Of the six states mapped in this assessment, only the state of Montana has initiated any type of rule-making process to manage the waste.

When it comes to unconventional oil and gas waste streams:

Nobody can say how much of any type of waste is being produced, what it is, and where it’s ending up. – Nadia Steinzor, Earthworks

To address some of these gaps, FracTracker Alliance has been working with the Western Organization of Resources Councils (WORC) to map out exactly where radioactive oil and wastes are being dumped, stored, and injected into the ground for disposal. The work is an extension to WORC’s comprehensive No Time to Waste report.

Why is accurate waste data so hard to come by? The Earthworks report, Wasting Away explains that the U.S. EPA intentionally exempted oil and gas exploration and production wastes from the federal regulations known as the Resource Conservation and Recovery Act (RCRA) despite concluding that such wastes “contain a wide variety of hazardous constituents.” As a result, there is very little waste tracking and reporting of oil and gas waste data nationally.

State Waste Management Maps

Some data is available at the state level, so we at FracTracker have compiled, cleaned, and mapped what little data we could find.

State-specific maps have been created for Montana, North Dakota, Colorado, and Wyoming – see below:

ND Radioactive Waste mapNorth Dakota – View map fullscreen

co-radioactive-featureColorado – View map fullscreen

Sources of Radioactivity

When we hear about “radioactive waste” associated with the energy industry, nuclear power stations and fission reactors are usually what come to mind. But, as the EPA explains, fracking has transformed the nature of the oil and gas waste stream. Components of fracking waste differ from conventional oil and gas exploration and production wastes in a number of ways:

  • In general, the waste stream has additional hazardous components, and that transformation includes increased radioactivity.
  • Fracking has allowed for more intrusive drilling, penetrating deep sedimentary formations using millions of gallons of fluid.
  • Drilling deeper produces more drill cuttings.
  • The process of hydraulic fracking introduces millions more gallons of fluid into the ground that then return to the surface. These returns are ultimately contaminated and require disposal.
  • The formations targeted for unconventional development are mostly ancient seabeds still filled with salty “brines” known as “formation waters.”
  • In addition to the hazardous chemicals in the fracking fluid pumped into the wells for fracking, these unconventional formations contain larger amounts of heavy metals, carcinogens and other toxics. This also includes more radioisotopes such as Uranium, Thorium, Radium, Potassium-40, Lead-210, and Polonium-210 than the conventional formations that have supplied the majority of oil and gas prior to the shale boom.

A variety of waste products make up the waste stream of oil and gas development, and each is enhanced with naturally occurring radioactive materials (NORM). This waste stream must be treated and disposed of properly. All the oil and gas equipment – such as production equipment, processing equipment, produced water handing equipment, and waste management equipment – also need to be considered as sources of radioactive exposure.

Figure 1 below explains where the waste from fracking goes after it leaves the well pad.

Radioactive Oil and Gas Pathway Life Cycle

Figure 1. Breakdown of the radioactive oil and gas waste life-cycle

Three facets of the waste stream particularly enhanced with NORMs by fracking include scales, produced waters, and sludges.

A. Scales

When injected into the ground, fracking fluid mixes with formation waters, dissolving metals, radioisotopes and other inorganic compounds. Additionally the fracking liquids are often supplemented with strong acids to reduce “scaling” from precipitate build up (to prevent clogging up the well). Regardless, each oil well generates approximately 100 tons of radioactive scale annually. As each oil and gas reservoir is drained, the amount of scale increases. The EPA reports that lead-210 and polonium-210 are commonly found in scales along with their decay product radon at concentrations estimated to be anywhere from 480 picocuries per gram (pCi/g) to 400,000 pCi/g). Scale can be disposed of as a solid waste, or dissolved using “scale inhibitors.” These radioactive elements then end up in the liquid waste portion of the waste stream, known as produced waters.

B. Produced Waters

In California, strong acids are used to further dissolve formations to stimulate additional oil production. Acidic liquids are able to dissolve more inorganic elements and compounds such as radioisotopes. While uranium and thorium are not soluble in water, their radioactive decay products such as radium dissolve in the brines. The brines return to the surface as “produced water.” As the oil and gas in the formation are removed, much of what is pumped to the surface is formation water.

Consequently, declining oil and gas fields generate more produced water. The ratio of produced water to oil in conventional well was approximately 10 barrels of produced water per barrel of oil. According to the American Petroleum Institute (API), more than 18 billion barrels of waste fluids from oil and gas production are generated annually in the United States. There are several options for managing the liquid waste stream. The waste could be treated using waste treatment facilities, reinjected into other wells to enhance production (a cheaper option), or injected for disposal. Before disposal of the liquid portion, all the solids in the solution must be removed, resulting in a “sludge.”

C. Sludges

The U.S. EPA reports that conventional oil production alone produces 230,000 million tons – or five million ft3 (141 cubic meters) – of TENORM sludge each year. Unconventional processes produce much more sludge waste than conventional processes. The average concentration of radium in sludges is estimated to be 75 pCi/g, while the concentration of lead-210 can be over 27,000 pCi/g. Sludges present a high risk to the environment and a higher risk of exposure for people and other receptors in those environments because sludges are typically very water soluble.

Federal Exemptions

According to the EPA, “because the extraction process concentrates the naturally occurring radionuclides and exposes them to the surface environment and human contact, these wastes are classified as Technologically Enhanced Naturally Occurring Radioactive Material (TENORM).” Despite the conclusions that oil and gas TENORM pose a risk to the environment and humans, the EPA exempts oil and gas exploration and production wastes from the definition of “hazardous” under Resource Conservation and Recovery Act (RCRA) law. In fact, most wastes from all of the U.S. fossil fuel energy industry, including coal-burning and natural gas, are exempt from the disposal standards that hazardous waste normally requires.

The Center for Public Integrity calls this radioactive waste stream “orphan waste,” because no single government agency is fully managing it.

Fortunately, the EPA has acknowledged that federal regulations are currently inadequate, though this is nothing new. A U.S. EPA report from the 1980’s reported as much, and gave explicit recommendations to address the issue. For 30 years nothing happened! Then in August, 2015, a coalition of environmental groups (including the Environmental Integrity ProjectNatural Resources Defense CouncilEarthworksResponsible Drilling AllianceWest Virginia Surface Owners’ Rights Organization, and the Center for Health, Environment and Justice) filed a lawsuit against the EPA, and has since reached a settlement.

Just last month (January 10, 2017) the U.S. EPA agreed to review federal regulations of oil and gas waste – a process they were meant to do every 3 years for the last 30 years. The EPA has until March 15, 2019, to determine whether or not regulatory changes are warranted for “wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy.” With the recent freeze on all U.S. EPA grants, however, it is not clear whether these regulations will receive the review they need.

State Regulations

Regulation of this waste stream is left up to the states, but most states do not require operators to manage the radioactivity in oil and gas wastes, either. Because of the federal RCRA exemptions most state policies ignore the radioactive issue altogether. Operators are free to dispose of the waste at any landfill facility, unless the landfill tells them otherwise. For detailed analyses of state policies, see pages 10-45 of the No Time to Waste report. FracTracker has also covered these issues in Pennsylvania and Ohio.

Another issue that screams for federal consideration of this waste stream is that states do not have the authority to determine whether or not the wastes can cross their borders. States also do not have the jurisdiction to decide whether or not facilities in their state can accept waste from across state lines. That determination is reserved for federal jurisdiction, and there are not any federal laws regulating such wastes. In fact, these wastes are strategically exempt from federal regulation for just these reasons.

Why can’t the waste be treated?

This type of industrial waste actually cannot be treated, at least not entirely. Unlike organic pollutants that can be broken down, inorganic constituents of the waste cannot be simply disintegrated out of existence. Inorganic components include heavy metals like arsenic and bromides, as well as radioactive isotopes of radium, lead, and uranium. Such elements will continue to emit radiation for hundreds-to-thousands of years. The best option available is to find a location to “isolate” and dispose of these wastes – a sacrifice zone.

Current management practices do their best to separate the liquid portions from the solid portions, but that’s about it. Each portion can then be disposed independently of each other. Liquids are injected into the ground, which is the cheapest option where it is available. If enough of the dissolved components (heavy metals, salts, and radioisotopes) can be removed, wastewaters are discharged into surface waters. The compounds and elements that are removed from the liquid waste stream are hyper-concentrated in the solid portion of the waste, described as “sludge” in the graphic above. This hazardous material can be disposed of in municipal or solid waste landfills if the state regulators do not require the radioactivity or toxicity of this material to be a consideration for disposal. There are not federal requirements, so unless there is a specific state policy regarding the disposal, it can end up almost anywhere with little oversight. These chemicals do not magically disappear. They never disappear.

Risks

There are multiple pathways for contamination from facilities that are not qualified to manage radioactive and hazardous wastes. At least seven different environmental pathways provide potential risks for human exposure. They include:

  1. Radon inhalation,
  2. External gamma exposure,
  3. Groundwater ingestion,
  4. Surface water ingestion,
  5. Dust inhalation,
  6. Food ingestion, and
  7. Skin beta exposure from particles containing the radioisotopes.

According to the EPA, the low-level radioactive materials in drilling waste present a definitive risk to those exposed. High risk examples include dust suppression and leaching. If dust is not continuously suppressed, radioactive materials in dust pose a risk to people at these facilities or those receptors or secondary pathways located downwind of the facilities. Radioactive leachate entering surface waters and groundwaters is also a significant threat. A major consideration is that radioactive waste can last in these landfills far longer than the engineered lifespans of landfills, particularly those that are not designed to retain hazardous wastes.

Cases of Contamination

North Dakota

In North Dakota, the epicenter of the Bakken Oil Fields, regulators were not ready for the massive waste streams that came from the fast growing oil fields. This  allowed thousands of wastewater disposal wells be drilled to dispose of salty wastewater without much oversight, and no places in state for companies to dispose of radioactive solid waste. Many of the wastewater disposal wells were drilled haphazardly, and as a result many contaminated surrounding farmland with wastewater. With regard to radioactive solid waste, the state until recently had a de facto ban on solid radioactive waste disposal due to their radioactivity limit being 5 picocuries per gram. The result of this de facto ban made it so companies either had to make one of two decisions: 1. Haul their radioactive solid waste above the limit out of state to facilities in Idaho or Colorado; or 2. Risk getting caught illegally dumping waste in municipal landfills or just plain illegal dumping in roadsides, buildings, or farmland.

In 2014, a massive illegal dumping site was discovered in Noonan, ND when North Dakota regulators found a gas station full of radioactive waste and filter socks (the socks used to filter out solid waste from wastewater, which contain high levels of radioactivity). Following the Noonan, ND incident North Dakota regulators and politicians began discussions regarding the need for new regulations to address radioactive solid waste.

In 2015, North Dakota moved to create rules for the disposal of solid radioactive waste. Its new regulations increase the radioactivity limit from 5 picocuries per gram to 50 picocuries per gram, and sets up new requirements for the permitting of waste facilities accepting radioactive waste and the disposal of radioactive waste in the waste facilities. Dakota Resource Council, a member group of WORC, challenged the rules in the courts, arguing the rules are not protective enough and that the agency responsible for the rules pushed through the rules without following the proper procedures. Currently the rules are not in effect until the litigation is settled.

Pennsylvania

In Pennsylvania, the hotbed of activity for Marcellus Shale gas extraction, the regulatory body was ill equipped and uninformed for dealing with the new massive waste stream when it first arrived on scene. Through 2013, the majority of wastewater was disposed of in commercial and municipal wastewater treatment facilities that discharge to surface waters. Numerous facilities engaged in this practice without amending their federal discharge permits to include this new waste stream.

Waste treatment facilities in Pennsylvania tried to make the waste streams less innocuous by diluting the concentrations of these hazardous pollutants. They did this by mixing the fracking wastes with other waste streams, including industrial discharges and municipal waste. Other specialized facilities also tried to remove these dissolved inorganic elements and filter them from the discharge stream.

As a result of site assessments by yours-truly and additional academic research, these facilities realized that such hazardous compounds do not simply dilute into receiving waters such as the Allegheny, Monongahela, and Ohio rivers. Instead, they partition (settle) into sediments where they are hyper-concentrated. As a result of the lawsuits that followed the research, entire river bottoms in Pennsylvania had to be entirely dug up, removed, and disposed of in hazardous waste landfills.

Action Plans Needed

Massive amounts of solid and liquid wastes are still generated during drilling exploration and production from the Marcellus Shale. There is so much waste, operators don’t know what to do with it. In Pennsylvania, there is not much they can do with it, but it is not just Pennsylvania. Throughout the Ohio River Valley, operators struggle to dispose of this incredibly large waste stream.

Ohio, West Virginia, and Pennsylvania have all learned that this waste should not be allowed to be discharged to surface waters even after treatment. So it goes to other states – those without production or the regulatory framework to manage the wastes. Like every phase of production in the oil and gas industry, operators (drillers) shop around for the lowest disposal costs. In Estill County, Kentucky, the State Energy and Environment Department just recently cited the disposal company Advance Disposal Services Blue Ridge Landfill for illegally dumping hydraulic fracturing waste. The waste had traveled from West Virginia Marcellus wells, and ended up at an ignorant or willfully negligent waste facility.

In summary, there is inadequate federal oversight of potentially hazardous waste coming from the oil and gas industry, and there are serious regulatory gaps within and between states. Data management practices, too, are lacking. How then, is the public health community supposed to assess the risk that the waste stream poses to people? Obviously, a more thorough action plan is needed to address this issue.


Feature image: Drill cuttings being prepared to be hauled away from the well pad. Photo by Bill Hughes, OVEC

The Dakota Access Pipeline: An Uncertain Future

By Kyle Ferrar, Western Program Coordinator, FracTracker Alliance
Eliza Czolowski, Program Associate, PSE Healthy Energy

 

Since April 2016, demonstrators in North Dakota have been protesting a section of the Dakota Access Pipeline (DAPL) being built by Dakota Access LLC, a construction subsidiary of Energy Transfer Partners LP. The proposed pipeline passes just 1.5 miles north of the Standing Rock Sioux Tribal Lands, where it is planned to cross Lake Oahe, the largest Army Corps of Engineers reservoir created on the Missouri River. The tribe argues that the project will not only threaten their environmental and economic well-being, but will also cut through land that is sacred.

Given how quickly circumstances have changed on the ground, we have received numerous requests to post an overview on the issue. This article examines the technical aspects of the DAPL proposal and details the current status of protests at Standing Rock. It includes a discussion of what the Army Corps’ recent denial of DAPL’s permits means for the project as well as looks towards the impacts of incoming Trump administration. We have also created the below map to contextualize DAPL and protest activities that have occurred at Standing Rock.

Standing Rock Protest Map


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Background

DAPL is a $3.78 billion dollar project that was initially slated for completion on January 1, 2017. The DAPL is a joint venture of Phillips 66, Sunoco Logistics, and other smaller fossil fuel companies including Marathon Petroleum Corporation, and Enbridge Energy Partners. Numerous banks and investment firms are supporting the project and financing the related infrastructure growth, including Citi Bank, JP Morgan Chase, HSBC, PNC, Community Trust, Bank of America, Morgan Stanley, ING, Tokyo-Mitsubishi, Goldman Sachs, Wells Fargo, SunTrust, Us Bank, UBS, Compass and others.

Its route travels from Northwestern North Dakota, south of Bismarck, and crosses the waterway made up of the Missouri River and Lake Oahe just upriver of the Standing Rock Sioux Tribal Area. From North Dakota the pipeline continues 1,172 miles to an oil tank farm in Pakota, Illinois. DAPL would carry 470,000 barrels per day (75,000 m3/d) of Bakken crude oil with a maximum capacity up to 570,000 barrels per day. That’s the CO2 equivalent of 30 average sized coal fired power plants.

As documented by the NY Times map, in addition to the Missouri River and Lake Oahe, the pipeline crosses 22 other waterways that also require the pipeline to be drilled deep under these bodies of water. But Standing Rock portion is the only section disputed and as of yet unfinished. Now the pipeline project, known by the protesters as “the black snake,” is over 95% complete, despite having no official easement to cross the body of water created by the Missouri River and Lake Oahe. The easement is required for any domestic pipeline to cross a major waterway and because the land on either side of the Army Corps Lake Oahe project is managed by the Army Corps (shown in the protest map). An easement would allow Dakota Access LLC to drill a tunnel for the pipeline under the federally owned lands, including the lake and river.

Safety & Environmental Racism

Proponents of the project tout the opinion that pipelines are the safest method of moving oil large distances. Trucking oil in tankers on highways has the highest accident and spill rates, whereas moving oil by railways presents a major explosive hazard when incidents do occur. Pipeline spills are therefore considered the “safe” alternative. On November 11, Kelcy Warren was interviewed on CBS News, claiming Dakota Access, LLC takes every precaution to reduce leaks and that the likelihood of a leak is highly unlikely. The problem with comparing the risk for each of these transportation methods is that rates of incidence are the only comparison. The resulting hazard and impact is ignored. When pipelines rupture, they present a much larger hazard than trucks and trains. Large volumes of spilled oil result in much greater water and soil contamination.

We know that pipelines do rupture, and quite often. An analysis by the U.S. DOT Pipeline and Hazardous Materials Safety Administration in 2012 shows that there have been 201 major incidents (with volumes over 1,000 gallons) related to liquid leaks in the U.S. over the last ten years that were reported to the Department of Transportation. The “average” pipeline therefore has a 57% probability of experiencing a major leak, with consequences over the $1 million range, in a ten-year period. FracTracker’s recent analysis of PHMSA data shows the systemic issue of pipeline spills: there have been 4,215 pipeline spill incidents just since 2010 resulting in 100 reported fatalities, 470 injuries, and property damage exceeding $3.4 billion! The recent (December 12) spill of 176,000 gallons of crude oil into a stream just 150 miles from the Standing Rock protest site highlights the Tribes’ concerns.

A previously proposed route for the DAPL would have put Bismarck—a city that is 92% white—just downriver of its Missouri River crossing. This initial route was rejected due to its potential threat to Bismarck’s water supply, according to the Army Corps. In addition to being located upriver of Bismarck’s water intake, the route would have been 11 miles longer and would have passed through “wellhead source water protection” areas that are avoided to protect municipal water supply wells. Passing through this “high consequence area” would have required further actions and additional safety measures on the part of Dakota Access LLC. The route would also have been more difficult to stay at least 500 feet away from homes, as required by the North Dakota Public Service Commission. The route was changed and pushed as close to Sioux County as possible, the location of the Standing Rock Indian Reservation.

Protests: The Water Protectors

The Standing Rock Sioux Tribe has taken an active stance against Bakken Oil Development in the past. In 2007, the Reservation passed a resolution to prevent any oil and gas development or pipelines on the Tribal Lands. However, deep concerns about the safety of DAPL led protesters to begin demonstrations at Standing Rock in April, 2016. The Standing Rock Sioux Tribe then sued the Army Corps in July, after the pipeline was granted most of the final permits over objections of three other federal agencies. Construction of it, they say, will “destroy our burial sites, prayer sites and culturally significant artifacts.” A timeline of The Standing Rock Sioux Tribe’s litigation addressing DAPL through this period can be found on the EARTHJUSTICE website.

Photo by Derrick Broze

Photo by Derrick Broze/cc

In August, a group organized on the Standing Rock Indian Reservation called ReZpect Our Water brought a petition to the Army Corps in Washington, D.C. stating that DAPL interferes with their ancestral land and water rights. The Tribe sued for an injunction citing the endangerment of water and soil, cultural resources, and the improper use of eminent domain. The suit argued that the pipeline presents a risk to Sioux Tribe communities who live near or downstream of the pipeline. The Missouri River is the main water source for the Standing Rock Sioux Tribe. In September, members of the Standing Rock Sioux tribe in North Dakota finally made headlines.

Federal Injunction

On September 9, District Judge James Boasberg denied the Standing Rock Sioux Tribes preliminary injunction request to prevent the Army Corps from granting the easement. The Judge ordered Dakota Access to stop work only on the section of pipeline nearest the Missouri river until the Army Corps granted the crossing easement. The excavation of Standing Rock burial grounds and other sacred sites, where direct action demonstrators were clashing with Dakota Access security and guard dogs, was allowed to continue. Later that same day, a joint statement was released by the U.S. Department of Justice, the Department of the Interior, and the U.S. Army:

“We request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.”

In the map above the 20-mile buffer zone is shown in light green. Regardless of the request from the three federal agencies to pause construction, Dakota Access’s parent company Energy Transfer Partners LP ignored requests to voluntarily halt construction. Dakota Access LLC has also disregarded the instructions of the federal judge. The Army Corps declared Dakota Access LLC would not receive the easement required to cross the waterway until after 2016, but that has not stopped the company from pushing forward without the necessary permits. The pipeline has been built across all of Cannonball Ranch right up to Lake Oahe and the Missouri River, which can be seen in the map above and in drone footage taken November 2, 2016 showing the well pad for the drill rig has been built.

On November 4 the Army Corps requested Dakota Access LLC voluntarily halt construction for 30 days; then on November 8 (Election Day), Dakota Access ignored the request and announced they would begin horizontally drilling under the waterway within weeks. On November 14 Dakota Access filed a lawsuit against the Army Corps arguing that permits are not legally required. Later that day, the Army Corps responded with a statement that said any construction on or under Corps land bordering Lake Oahe cannot occur because the Army has not made a final decision on whether to grant an easement. In the issued statement, Assistant Secretary of the Army Jo-Ellen Darcy said “in light of the history of the Great Sioux Nation’s dispossession of lands [and] the importance of Lake Oahe to the Tribe,” the Standing Rock Sioux tribe would be consulted to help develop a timetable for future construction plans. The Army Corps has since denied the easement entirely.

Violence Against Protesters

Law enforcement has used physical violence to disrupt demonstrations on public lands and to prevent direct action activities as protesters aim to shut down construction on private land held by Energy Transfer Partners LP. Since September 4, law enforcement agencies led by the Morton County Sheriff’s Department have maintained jurisdiction over the protests. Officers from other counties and states have also been brought in to assist. Morton County and the State of North Dakota do not have the jurisdiction to evict protesters from the camps located on Army Corps land. Well over 500 activists have been arrested.

The majority of clashes with law enforcement have occurred on the roadways exiting the Army Corps lands, or at the access points to the privately owned Cannonball Ranch (shown on the map). Morton County has spent more than $8 million keeping direct action protesters from shutting down excavation and construction activities along the path of the pipeline. Meanwhile, the state of North Dakota has spent over $10 million on additional law enforcement officials to provide assistance to Morton County.

DAPL protests from in-depth documentations at: https://vimeo.com/189249968

DAPL protests from video by UnicornRiot/cc

The first violent confrontation occurred on September 3 after Dakota Access bulldozed an area of Cannonball Ranch identified by the Tribe as a sacred site hosting burial grounds. At that time, the site was actively being contested in court and rulings still had not been made. The Tribe was seeking a restraining order, known as a “preliminary injunction” to protect their cultural heritage. Direct action demonstrators put themselves in the way of bulldozers to stop the destructive construction. In response, Dakota Access LLC security personnel assaulted protesters with pepper spray and attack dogs. The encounter was documented by Democracy Now reporter Amy Goodman.

October 27, the Morton County Sheriff’s Department reinforced with 300 police from neighboring counties and states, raided the frontline camp site making mass arrests. In response, demonstrators reinforced a blockade of the 1806 bridge, shown in the map above. The most violent clash was witnessed on public lands on November 20, 2016 at this bridge, which demarcates Army Corps land. The Police forces’ use of “non-lethal” bean bag rounds, rubber bullets, tear gas, pepper spray, water hoses, LRAD, and explosive flash grenades on peaceful demonstrators has been criticized by many groups. Fire hoses were used on protesters in freezing conditions resulting in dozens of demonstrators needing treatment for hypothermia. In total 300 people were injured according to a release from the standing rock medic and healer council.

Most recently, the Army Corps has targeted the Standing Rock Demonstration by determining that it is no longer safe to stay at the Sacred Stone and Oceti Sakowin camps located on Army Corps property. North Dakota Governor Jack Dalrymple has frequently blasted the Army Corps for not removing the protesters.

As of December 5th, federal authorities consider the protesters to be trespassing on federal lands, leaving protesters vulnerable to various citations and possible arrest. The Army Corps has also said that emergency services may no longer be provided in the evacuation area. The Army Corps has jurisdiction on Army Corps lands, and only federal authorities can remove the protesters from federal lands. There are now more than 5,000 activists demonstrating at Standing Rock, and an additional 2,000 U.S. veterans joined the protest this past week for an action of solidarity. Nevertheless, U.S. authorities have said that there are no plans to forcibly remove activists, despite telling them to leave.

Victory and an Uncertain Future

Perhaps as a result of this mass outcry, the Army Corps announced on December 4th—only a day before trespassing claims would be imposed—that Dakota Access LLC’s permit application to cross under the Missouri River and Lake Oahe had been denied. Jo-Ellen Darcy, the Army’s Assistant Secretary for Civil Works, announced:

“Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do…The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing.”

To determine alternate routes, the Army Corps has announced it will undertake an environmental impact statement which could take years to complete. While this is a major victory for the “water protectors” demonstrating at Standing Rock, it is not a complete victory. Following the Army Corps’ announcement, the two main pipeline investors, Energy Transfer Partners LP and Sunoco Logistics, responded that they:

“…are fully committed to ensuring that this vital project is brought to completion and fully expect to complete construction of the pipeline without any additional rerouting in and around Lake Oahe. Nothing this Administration has done today changes that in any way.”

In fact, prior to the Army Corps denying the easement, numerous democrats in congress called for President Obama to shut down the pipeline. While President Obama has not heeded these calls to shut down the project entirely, he also has not given the green light for the project either. Instead the President stated that the situation needed to be handled carefully and urged the Army Corps to consider rerouting the pipeline. “We’re monitoring this closely and I think, as a general rule, my view is that there’s a way for us to accommodate sacred lands of Native Americans…. I think right now the Army Corps is examining whether there are ways to reroute this pipeline,” the President said.

trump keystone

The Corps decision to conduct a lengthy environmental impact statement is encouraging but, ultimately, the Trump administration may have the final say on the DAPL easement. President-elect Trump has voiced support for the easement in the past, and on December 5th, just one day following the Army Corps’ decision, Trump spokesman Jason Miller commented:

“That’s something we support construction of, and we will review the full situation in the White House and make an appropriate determination at that time.”

Energy Transfer Partners LP CEO Kelcy Warren donated $103,000 to the Trump campaign and the President-elect has investments in Energy Transfer Partners LP totaling up to $1 million according to campaign financial disclosures. President-elect Trump has made it clear that pipeline projects, specifically the Keystone Access Pipeline rejected by President Obama, will be allowed to move forward along with additional fossil fuel extraction projects.

If the construction company, Dakota Access LLC, continues building the pipeline they are liable to be fined. It is not yet clear whether Dakota Access LLC will “eat” the fine to continue building and drilling, or whether the Army Corps will forcefully stop DAPL. Analysts say the expense of changing the route, such as to the south of the tribal lands, would make the economics of the pipeline a total loss. It is cheaper for Dakota Access LLC to continue to fight the protest despite overwhelming disapproval of the project.

Meanwhile, protestors have refused to leave Standing Rock in fear that the Army Corp will reverse its decision and allow DAPL to proceed, despite requests by the chairman of the Sioux Tribe that demonstrators go home. Many are hopeful that, by stalling the project past January 1st—the deadline by which Energy Transfer Partners LP promised oil companies it would complete construction—the possibility exists that contracts will expire and DAPL loses support from investors.

Other Mapping Resources

This web map shows the current construction progress of the pipeline.

The New York Times website is hosting a map focusing on the many water crossings of the pipeline route.

The Guardian has a static map on their website similar to our interactive map.

Header photograph by Joe Brusky/flickr/cc

Photo by David Nix 2015

Documenting Oil and Gas Industry Damage in North Dakota

North Dakota is now in its third oil boom due to the drilling technologies of horizontal drilling and hydraulic fracturing that have made once-inaccessible oil accessible. The Bakken formation covers western North Dakota, eastern Montana, and parts of Manitoba and Saskatchewan. At the height of the boom in 2014, just under 12,000 wells were active across the west, extracting 1.1 million barrels (bbl) of oil per day and flaring at 32%. The boom has bumped North Dakota to the second largest oil and gas producing state, second only to Texas.

Dakota Resource Council (DRC) is a member-led, grassroots organization that has been working in extraction-impacted communities in North Dakota since 1978. DRC’s members work on oil and gas campaigns that aim to eliminate impacts to land, air, water, and livelihoods of the citizens of North Dakota. Campaign issues on oil and gas industry damage include: flaring, pipelines, radioactive/oilfield waste, state accountability, and oil-by-rail.

The following photos from DRC show impacts of current and legacy oil and gas extraction in western North Dakota – an area in the heart of the Bakken that is historically a rich agricultural and ranching region. The vast contrast between the two industries are not complementary.

Bear Den Bay Incident

Fort Berthold Indian Reservation is the epicenter of fracking in the Bakken. On July 8, 2014 a wastewater pipeline rupture was accidentally discovered in rural Mandaree on the reservation. The pipeline is owned by Crestwood Midstream, LLC – a Texas-based company.

An estimated 1 million gallons of toxic saltwater ran down a ravine, ending up in the tributary of Bear Den Bay, which is located ¼ mile from the city of Mandaree’s water intake. The spill was contained, but the state doesn’t know exactly how much waste went into the bay. Tribal administration released a statement that beaver dams prevented the fluids from reaching the lake.

Weeks after the incident Crestwood released a statement saying:

… while assessment of the effect is ongoing, examination and testing to date show that an area of grass, brush and trees about 200 yards long sustained damage. Some produced water ran down a ravine into natural pools in a small stream at the bottom, but it appears that the produced water stopped there… The impact on fish and wildlife appears to have been minimal, in fact beavers, turtles, frogs, deer and pelicans have been seen returning to and re-inhabiting the impacted area.

To date, there has been no penalty for the damage that has been done to the land and reclamation is ongoing. Below are photos documenting the incident’s effects:

The Legacy of North Dakota Oil Booms

Western North Dakota has weathered through two previous oil booms in the early 1950’s and 1980’s. Previous booms left behind infrastructure that sits abandoned today. Due to hydraulic fracking technology, once-inaccessible oil is now accessible. These pre-existing wells are called legacy wells, that produce roughly 5% of North Dakota’s 1.2 million barrels per day.

Much of these wells contain infrastructure that has been in place for over 60 years. Pipelines have not been mapped or regulated in North Dakota until recently. Farmers are finding underground tanks and pipelines filled with toxic sludge. Just like previous oil booms, North Dakota was not prepared for the cost of extraction. Scroll through the following gallery showing a variety of legacy sites in ND.


By Nicole Donaghy, Dakota Resource Council

Is it getting hot in North Dakota?

By Samantha Malone, Manager of Education, Communications & Partnerships, FracTracker Alliance

North Dakota sure is popular recently. You might wonder why ND’s oil and gas development has been such a hot topic when the average monthly temperature there in November is only 27° F. Below we summarize the recent ND coverage and why the state has been the focus of several conversations lately.

The Intensity of Drilling

On November 22nd The New York Times launched a two-part series starting with The Downside of the Boom. Herein, the NY Times highlights how North Dakota’s regulatory system is insufficient to manage a hefty oil and gas industry. Part two in the series looks into Where Oil and Politics Mix in ND. This investigative journalism series questioned how well the state is managing oil and gas development, which was followed quickly by criticism of the series by state officials. If you haven’t checked out this series and its incredible visuals yet, I would highly recommend it.

FracTracker maintains a shale viewer map of North Dakota and its horizontal oil wells if you would like to explore where the industry is operating. Interestingly, ND is one of the few states where the horizontally drilled well data is available to the public. (Horizontal wells jut out from the vertical wells below ground.) Our interactive map of ND includes zooming features, well API information, and a measurement tool to examine horizontal well lengths. The screenshot below shows that one of the laterals on this map extends out two miles underground. Click the map to explore more:

Interactive Map of ND Wells on FracTracker

Interactive Map of ND Wells on FracTracker, with Measurement Tool

Alternatively, here the New York Times shows what ND would look like if all of the state’s oil wells were aboveground:

NYTimes Graphic: What North Dakota Would Look Like if Its Oil Drilling Lines Were Aboveground

NYTimes Graphic: What North Dakota Would Look Like if Its Oil Drilling Lines Were Aboveground

NPCA

On November 12 and 13, 2014, the National Parks Conservation Association launched their campaign to educate citizens about how oil and gas development may affect America’s national parks. NPCA kicked off their campaign with two events in Pittsburgh and Philadelphia, PA to showcase a crowd-sourced digital map we helped them create with our new mobile app. The map’s photos detail the scale of oil and gas development near North Dakota’s Theodore Roosevelt National Park and is shown below:


NPCA Photo Map. View fullscreen

Photos

And finally… We spent some time with NPCA collecting photos for that map with our app in ND this spring. Below are just a few, the rest of which can be found in our new ND photo album:

Oil Transportation and Accidents by Rail

Lac-Mégantic train explosion on July 6, 2013.  Photo by TSB of Canada.

Lac-Mégantic train explosion on July 6, 2013. Photo by Transportation Safety Board of Canada.

On July 5, 2013, the lone engineer of a Montreal, Maine, and Atlantic (MMA) train arrived in Nantes, Quebec, set both the hand and air brakes, finished up his paperwork. He then left the train parked on the main line for the night, unattended atop a long grade. Five locomotives were pulling 72 tanker cars of oil, each containing 30,000 gallons of volatile crude from North Dakota’s Bakken Formation. During the night, the lead locomotive caught fire, so the emergency responders cut off the engine, as per protocol.  However, that action led to a loss of pressure of the air brakes.  The hand brakes (which were supposed to have been sufficient by themselves) failed, and the train began to run away. By the time it reached Lac-Mégantic early the next morning, the unattended cars were traveling 65 mph.  When the train reached the center of town, 63 tank cars derailed and many of those exploded, tragically killing 47 people in a blaze that took over two days to extinguish.

With that event came a heightened awareness of the risks of transporting volatile petroleum products by rail.  A derailment happened on a BNSF line near Casselton, North Dakota on December 30, 2013. This train was then struck by a train on an adjacent track, igniting another huge fireball, although this one was luckily just outside of town.  On April 30, 2014, a CSX train derailed in Lynchburg, Virginia, setting the James River on fire, narrowly avoiding the dense downtown area of the city of 75,000 people.


North American petroleum transportation by rail. Click on the expanding arrows icon in the top-right corner to access the full screen map with additional tools and description.

Regulators in the US and Canada are scrambling to keep up.  DOT-111 tank cars were involved in all of these incidents, and regulators seek to phase them out over the next two years. These cars account for 69% of the fleet of tank cars in the US, however, and up to 80% in Canada.  Replacing these cars will be a tough task in the midst of the oil booms in the Bakken and Eagle Ford plays, which have seen crude by rail shipments increase from less than 5,000 cars in 2006 to over 400,000 cars in 2013.

This article is the first of several reports by the FracTracker Alliance highlighting safety and environmental concerns about shipping petroleum and related products by rail. The impacts of the oil and gas extraction industry do not end at the wellhead, but are a part of a larger system of refineries, power plants, and terminals that span the continent.

Oil Drilling’s Impact on ND Communities

By Thomas DiPaolo, 2013 GIS Intern, FracTracker Alliance

ND Shale Viewer

ND Shale Viewer

Out of North Dakota’s 53 counties, 19 are responsible for producing the oil and natural gas that has brought the state so much prosperity and attention. It’s the latest get-rich-quick scheme, and one that works better than that name would suggest: drive to North Dakota, work in the oil fields for six months, and go home with enough money to find something more permanent. This means that some of the quiet towns overlying the Bakken formation are exploding in size, and many of their new residents lack any connection to these communities when they’re off duty. In the past, similar population booms have been tied to a corresponding increase in crime rates and drug usage, and FracTracker Alliance has examined the available data to find out how much life has changed in North Dakota since the oil started to flow.

Housing Availability

There’s a reason why the you have to drive to North Dakota if you want to stay in the black, and it helps if you’ve got a comfortable car.

Perhaps the biggest problem here, perhaps a cause of others, is that there is simply not enough housing for everyone who wants to work in North Dakota. Trailer parks pack every available inch of space for families from out of state prepared to settle in, becoming themselves towns in miniature, and one of the benefits to consider when working for one oil drilling company over another is to find out which ones are constructing dedicated worker housing and amenities. Familiarity doesn’t fail to breed contempt; demand for living space is so high, in fact, that families who have lived in these towns their whole lives are being forced out as rent prices rise without end. Meanwhile, many have taken to simply sleeping in their cars, and tensions have grown as stores forbid them from parking overnight in their lots.

Crime

With the number of people moving into the state to work in the oil fields, or in industries that support them, North Dakota’s population reached 699,628 in 2012, a jump from the 642,200 people of 2000. More people, of course, means greater effort required to keep the peace – The number of law enforcement officers accordingly jumped from 967 in 2000 to 1,253 in 2012. At first glance, one might think that did the job, since the crime rate fell from 2,203 index crimes1 reported per 100,000 people to 2,122 per 100,000 people, and the number of arrests per officer stayed constant (3.1 in 2000, 3.0 in 2012). That conclusion doesn’t hold up well when you look at how crime has fluctuated within the oil-producing counties.2 The population there has risen to 183,940 people, from just 167,515 people in 2000, and it currently employs 379 law enforcement officers, up from 250 officers. In 2000 the crime rate was already in excess of the state average at 1,582 index crimes reported per 100,000 people and 8.3 arrests per law enforcement officer. By 2012, those figures reached 1,629 crimes per 100,000 people and 12.8 arrests per officer. With only a quarter of the state’s population, the crime rate is three-quarters of the state average. This upswell applies especially to violent crimes. Violent crime reports, numbered at 558 statewide in 2000, nearly tripled to 1,445 in 2012; in the oil counties, they more than tripled from 103 to 363 crimes reported. That number carries through in the crime rate figures; statewide, 206.5 violent crimes occurred per 100,000 people in 2012, while only 86.9 crimes were reported per 100,000 people in 2000; in the oil counties, 197.3 violent crimes were reported per 100,000 people in 2012, compared to only 61.5 violent crimes per 100,000 people in 2000. See Table 1 for a comparison of total and violent crimes between the year 2000 and the year 2012.

Table 1. Crime rates per 100,000 people in North Dakota (2000 vs. 2012)

Total Index Crimes Violent Crimes
Statewide Oil Counties Statewide Oil Counties
2000 2,203 1,582 86.9 61.5
2012 2,122 1,629 206.5 197.3

Where the line blurs is in addressing property crime. Until 2009, there had been a steady decline in the rate of property crime. Since then, however, it has been increasing every year, even if the 2012 figures are still beneath those of 2000. Statewide, the number of property crimes hovered at 13,592 reported crimes in 2000 and 13,402 in 2012, while in the oil counties they rose slightly from 2,547 property crimes in 2000 to 2,634 crimes in 2012. At the same time, the property crime rates fell both statewide (2,116 crimes per 100,000 people to 1,916 per 100,000 people) and in the oil counties (1,529 crimes per 100,000 people to 1,486 per 1000,000 people).

Prostitution

When you have that many single young men together, as so many of the oil field workers are, a market inevitably springs up for very particular crimes. Prostitution stings consume a greater quantity of police time than ever before, with some ND counties reporting their first prostitution arrests ever. In many cases, the suspects in these cases demonstrate a similar attitude to the oil workers they court: stay for a brief period (typically days rather than months), make enough money to support themselves, and keep going out of town. Officers often say that these cases are risky, as they require enough evidence to prove the intent of both parties to exchange money for sex. Without an undercover officer to carry out a sting, many cases could be accused of discrimination, especially in cases where race may be an issue. In other situations, sting operations have provided evidence of drug activity in addition to prostitution.

Drug Use

Juvenile Alcohol Use

In addition to the oil boom, North Dakota has the uncomfortable claim of being one of the nation’s leaders when it comes to binge drinking. It’s notable then to see that, while juvenile3 alcohol use has fallen drastically across the board, juveniles are developing more permissive attitudes towards alcohol use. Between 2000 and 2011, the number of juveniles who reported using alcohol within the previous month fell from 18,000 to 7,000, and it fell from 11,000 to 4,000 juveniles in regards to binge drinking4 on a weekly basis. At the same time, the number of juveniles showing signs of alcohol dependence or abuse fell from 6,000 to 2,000, and those described as needing but not receiving treatment for alcohol abuse fell from 5,000 to 2,000. Yet only 17,000 juveniles reported perceiving great risk from said binge drinking in 2011, where 22,000 had reported perceiving great risk in 2000. Why are more juveniles rejecting personal alcohol use while becoming less concerned with others’ usage?

Adult Drug & Alcohol Use

Whatever the reason, adult alcohol usage has demonstrated the opposite trend: more people are drinking but fewer enjoy it. Between 2000 and 2011, the number of adults using alcohol monthly rose from 286,000 to 320,000, and those binge drinking weekly rose from 144,000 to 165,000. The number of adults perceiving great risk from weekly binge drinking also rose from 173,000 to 183,000, but the number with signs of alcohol dependence or abuse rose from 33,000 to 47,000. Interestingly, the number of adults described as needing but not receiving treatment for alcohol use has barely changed in this time; 46,000 adults were characterized this way in 2000, as opposed to 45,000 of them in 2011.

Smoking and Marijuana Use

The one trend shared between both juveniles and adults is a steady increase in the number of people expressing permissive attitudes towards the use of marijuana. In 2000, 4,000 juveniles and 13,000 adults reported using marijuana within the previous month; by 2011, only 2,000 juveniles reported using marijuana within the previous month, but the number of adults doing so had jumped to 23,000. At that time, only 17,000 juveniles and 171,000 adults reported perceiving great risk from the use of marijuana on a monthly basis, down from 25,000 and 213,000 respectively in 2000. These figures come at a time when other forms of smoking are becoming less popular across the U.S. In 2000 in ND, 16,000 juveniles were using tobacco products on a monthly basis, and 13,000 were using cigarettes specifically; those numbers had fallen to 6,000 and 5,000 juveniles respectively by 2000. Even among adults there were small declines over this time period: 154,000 adults were using tobacco monthly in 2011 as opposed to 161,000 in 2000, and 121,000 adults as opposed to 128,000 were using cigarettes. And while the number of juveniles perceiving great risk from pack-a-day smoking fell from 38,000 to 32,000 between 2000 and 2011, while 346,000 adults perceived great risk from it in 2011, as opposed to 315,000 in 2000.


Footnotes

  1. According to the Crime and Homicide Reports of the North Dakota Attorney General’s office, index crimes are reported to the National Uniform Crime Reporting program managed by the Federal Bureau of Investigation in order to broadly describe the level of criminal activity around the country. They are divided into two categories, violent and property-related. The violent index crimes tracked by North Dakota are murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault. The property index crimes tracked by the state are burglary, larceny and theft, and motor vehicle theft.
  2. The North Dakota Association of Oil and Gas Producing Counties lists the following counties as its members: Adams, Billings, Bottineau, Bowman, Burke, Divide, Dunn, Golden Valley, Hettinger, McHenry, McKenzie, McLean, Mercer, Mountrail, Renville, Slope, Stark, Ward, and Williams.
  3. The National Surveys on Drug Use and Health define a “juvenile” as any person between the ages of 12 and 17 years, and an adult as any person aged 18 years or older.
  4. The National Surveys on Drug Use and Health define “binge drinking” as consuming five or more alcoholic beverages in one sitting.
North Dakota Bakken Gas Flares

Gas Flaring and Venting: Data Availability and New Methods for Oversight

By Samir Lakhani, GIS Intern, FracTracker Alliance

In the hazy world of gas flaring and venting, finding worthwhile data often leads one to a dead end. Although the Energy Information Administration (EIA) holds the authority to require active oil/gas companies to disclose this data, they choose not to. EIA will not proceed with such actions because, “…assessing the volume of natural gas vented and flared would add significant reporting burdens to natural gas producers causing them substantial investments.” Additionally, the EIA is not confident that oil/gas producing companies have the capability to accurately estimate their own emissions from venting or flaring activities.

Piece-Meal

Some states do voluntarily submit their estimates, but only 8 of the nation’s 32 oil and gas producing states submit their data. This makes attempts for national estimates incomplete and inaccurate. State officials have repeatedly complained that the EIA has provided them with insufficient guidelines as to how the data should be submitted, and in what format. It appears the only way that concerned parties are able to monitor this practice is with satellite imagery from the sky, to literally watch flaring as it occurs.

Bird’s Eye View

The Bakken Shale Formation has received a considerable amount of attention. We’ve all seen the nighttime satellite images of North Dakota, where a normally quiet portion of the state light up like a bustling city. It is to be understood that not all the lights in this region are gas flares. Much of it is emergency lighting and temporary housing associated with drilling companies.

There are a few obvious issues with satellite surveillance. Firstly, it is difficult to monitor venting emissions from a bird’s eye perspective. Venting is the process by which unsought gas is purposely wafted from drill sites into the atmosphere. Venting is a much more environmentally costly decision compared to the ignited alternative, as pure natural gas is twenty times more potent than CO2 as a greenhouse gas. To monitor venting behavior, from up high, Infrared sensors must be used. Unfortunately, these emissions do not transmit well through the atmosphere. Proper detection must be made much closer to earth’s surface, perhaps from an airplane or on the ground. Secondly, flaring is almost impossible to detect during the day using satellites. One could equate it to attempting to see a flashlight’s beam when the sun is out. Lastly, when the time comes to churn out an estimate on how much gas is really being wasted—the statistics vary wildly.

Using SkyTruth’s satellite image, and GIS data retrieved from North Dakota’s Department of Mineral Resources, it is now possible to pinpoint North Dakota’s most active gas flaring sites. Using this, more accurate estimates are now within reach. North Dakota gas drillers may flare their “associated” gas for up to one year. However, Officials at Mineral Management Service claim that it is not difficult to get an extension, due to economic hardship. There are always instances of gas/oil operators flaring or venting without authorization. In 2003, Shell paid a 49 million dollar settlement over an unnoticed gas flaring and venting operation that lasted several years. The beauty of satellite imagery and GIS detail is the observer’s ability to pinpoint flaring operations and by referencing the leases, evaluate whether or not such practices were authorized.

This map shows flaring activity in the Bakken Formation from January 1 through June 30, 2013. Please click the “Fullscreen” icon in the upper right hand corner to access the full set of map controls.

Regulation and Control

If flaring and venting are costly to the environment and result in a loss of company product (methane), you may ask why these practices are still conducted. Flaring and venting practices are cheaper than building the infrastructure necessary to harness this energy, unfortunately. To effectively collect this resource, a serious piping network is needed. It is as if a solar farm has been built in the desert, but there is no grid to take this power to homes. To lay down piping is an expensive endeavor, and it requires continuous repairs and on-site monitors. Even when North Dakota burns over 30% of their usable product, there is little initiative to invest in long term savings. A second method, called “green completions”, is becoming a more popular choice for oil and gas companies. A green completion is a portable refinery and condensate tank aimed to recover more than half of excess methane produced from drilling. Green completions are the best management practice of today, and the EPA wishes to implement green completion technology nationwide by 2015.

The best way to estimate gas flare and venting emissions is through submissions from gas/oil companies and to analyze the data using GIS applications. Concerned organizations and citizens should not have to rely on satellite services to watch over the towering infernos. There is new research coming out each day on adverse health effects from living in close proximity to a gas flare and vent. It releases a corrosive mixture of chemicals, and returns to the earth as acid rain. Please refer to this publication for a thorough assessment of possible health effects.

This issue is not limited to US borders only; flaring has wreaked havoc in South America, Russia, Africa, and the Middle-East. During the extraction of oil, gas may return to the surface. In many of these areas where oil drilling is prevalent, there are no well-developed gas markets and pipeline infrastructure, which makes venting and flaring a more attractive way to dispose of an unintentionally extracted resource. If the US were to make substantial changes to the way we monitor, regulate, and reduce gas flaring/venting, and accessibility to data, we would set the standard on an international level. Such policy changes include: carbon taxation, streamlining the leasing process (Many oil/gas officials despise the leasing applications for pipelines), installing flaring/venting meters and controls, and tax incentives (to flare and green complete, rather than vent).

All of these changes would tremendously reduce and regulate gas flaring in the US, but without accurate and comprehensive data these proposed policies are meaningless. Data is, and forever will be, the diving board on which policy and change is founded.


Special thanks to Paul Woods and Yolandita Franklin of Skytruth, for using VIIRS and IR technologies to compile the data for the above map.

North Dakota shale viewer

Exploring North Dakota’s Bakken Formation on FracMapper

A new North Dakota map is now available on FracTracker. It joins content from New York, Ohio, Pennsylvania, and West Virginia in our efforts to make data concerning mineral extraction from shale more accessible and understandable.


In this embedded view of the North Dakota map, users can pan and zoom. For full featured control, click the expanding arrows icon (top right of map) to access the map directly.

The area drawn in yellow in the western portion of the state is a generalized layer of activity for the Bakken formation. It was created to help with map performance and accuracy at scales ranging from statewide to 1:750,000, or about the size of a county. Once you zoom in beyond that level, the generalized layer goes away, and some interesting content becomes available.


A screen capture of the North Dakota map
In the screen capture above, I zoomed in past 1:750,000, so the producing wells are visible, as well as a layer of horizontal laterals that are associated with the wells, a feature that few states make available.  The location was chosen at random from the Bakken region, however, if you would like to see a similar view, click the “Search” tool and then type “New Town, ND” into the text box.  I have also changed the basemap to show a satellite image by selecting “Imagery with Labels” from the base map selector.


Close up of “Mamba 1-20H” well

Each feature, or item on the map, has different data associated with it.  I’ve clicked on a well at random to bring up the data pop up box.  Because the data is controlled at the state level, there are often substantial differences in the types of data that are available.  In North Dakota, we can see the cumulative total of oil, gas, and waste water production by scrolling through these pop up boxes.  Units of measure are not provided, but they are assumed to be barrels for oil and waste water, and thousands of cubic feet (Mcf) for gas.

At the very top of that box, there is a gray bar with the text “(1 of 3)”.  This means that multiple features are selected.  Viewers can scroll through them by clicking the arrow icon on the gray bar.  Viewers can reduce the number of selected items by zooming in and making layers inactive.  To change the layers, just click on “Layers” in the main toolbar, and click the checkboxes next to each layer to select or de-select the various available choices.  Please recall that some layers are scale dependent, so they are not available at all times.

For more information about the Bakken formation and the layers available on the map, please click the “About” icon on the main toolbar.