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FracTracker in the Field: Building a Live Virtual Map

 

August 19, 2020 Update:

The virtual story map is live!


In this special one-day fundraiser event, two intrepid FracTracker teams will build and share a live virtual map as we travel throughout the Ohio River Valley Region documenting oil, gas, and its effects on our health, climate, and environment.

How many sites can we visit in one day? What will we find?

 

 

Loyalsock State Forest Trail

We’ll share our findings to build awareness about the plight of this region—and so many other places victimized by this rogue industry. Plus, viewers will gain a firsthand understanding of how FracTracker turns data into real-world impact.

Proceeds will benefit the ongoing work of FracTracker to decarbonize our economy and promote environmental justice.

 

Whether you are able to contribute financially at this time or not, we hope you’ll join us on this virtual journey. You’ll see regular video updates along the way as we share our progress, and watch as a story map is updated throughout the day.

Join our team of explorers in spirit and pledge your support! We’re excited to share this journey with you.

 

 

Trends in Proposed State Legislation to Weaken Environmental Regulations

As the oil and gas industry feels pressure from former allies and see lending windows from their most loyal banking partners begin to dry up, they will be forced to cut costs elsewhere, and cut corners everywhere. This will come in the form of more industry-friendly regulations on the federal level under the current administration, as well as less stringent oversight at the state level. These trends are explicit manifestations of their desperation and influence.

The state-level laws the oil and gas industries are advocating for can easily fly under the radar. Most people just don’t have the bandwidth to educate themselves on the quiet development of these bills, nor to advocate against them. Much of the public’s attention is understandably focused on the COVID-19 pandemic, mass unemployment, and racial inequality. And, much of the critical attention around oil and gas legislation has correctly focused on the critical infrastructure legislation and related policy proposals we focused on in Part I of this series.

Below, we outline current attempts to weaken environmental regulations in Ohio, North Dakota, and Michigan. It is important to note that this is not an all-inclusive outline, but rather the bills we are aware of through our network of frontline and nonprofit contacts.

Ohio’s House Bill 545

 A bill that would be hazardous to the health of all Ohioans, HB 545, intended to “Establish conditions for sale of brine as a commodity,” was introduced by first-term State Representative Adam Holmes, and second-termer Craig Riedel of Western Ohio. This bill would charge the Ohio Department of Natural Resources’ (ODNR) Division of Oil and Gas Resources Management with establishing “conditions and requirements for the sale of brine from oil or gas operations as a commodity, and to exempt that commodity from requirements otherwise applicable to brine.” What could possibly go wrong? The dangers of potentially highly radioactive fracking waste have been known for years, and were recently detailed in great reporting by Justin Nobel for Rolling Stone. Countless others have spent years crying out against radioactive fracking waste being produced, transported, and disposed of all across the Appalachian regions of Ohio, Pennsylvania, and West Virginia.

So, quite a bit could – and likely would – go horribly wrong if we allow ODNR to put lipstick on this fracking waste pig, as it were. The worst part about this is that Representative Holmes knows, (or at least should know), better, given that he lives in Nashport, roughly two miles south of a very active Class II Salt Water Disposal Well, and just a couple more miles from nearly a dozen more injection wells (Figure 1).

 

Figure 1. Existing and Pending Ohio Class II Salt Water Disposal Injection Wells and Proposed Fracking Waste Docks.Existing and Pending Ohio Class II Salt Water Disposal Injection Wells and Proposed Fracking Waste Docks

 

In Ohio, it isn’t just about legislation. As part of the Division of Oil & Gas Resources Management’s ongoing Five Year Rule Review, a change was made to the Ohio Administrative Code (OAC) that went into effect last October. This change permits a saltwater disposal well owner to submit “on or before the fifteenth day of February of each calendar year … a statement of the volume of brine injected in the well for the immediately preceding calendar year.”

This change from quarterly to annual reporting will have profound implications for what little monitoring citizens are permitted. Clearly, the state has little interest or money to conduct monitoring.

An example of how great the lag could be, and how annual data will essentially be useless for any real-time concerns and/or incidents, the current year’s brine volume data will not be available until February 2021, and even then, the operator will have chances to revise the data. FracTracker has been compiling this data quarterly for years, and we will continue to make data that does exist publicly available.

One has to ask who prompted the demand for this change, and who exactly is on The Oil & Gas Division’s review committee. From the vantage point of most Ohioans concerned about this issue, this reporting change is going in the opposite direction of where a state with primacy over its Class II Wells should be going. When the US EPA has primacy over a state’s wells, as it does in Pennsylvania and Virginia, disposal volumes and pressures are reported annually, but the data are at least broken out monthly. (Note: More on Class II Well primacy and the language that allows states to maintain primacy will come in a future piece.)

As Buckeye Environmental Network Executive Director Teresa Mills and matriarch of the Ohio environmental watchdog community told me, “We have less and less and less information. While Pennsylvania’s website has its problems, it is 150% better than what citizens have access to in Ohio.”

Michigan’s Senate Bill 0431

Michigan’s Senate Bill 0431, introduced by Senate Democrat Adam Hollier in August 2019, was quickly reassigned to the Transportation and Infrastructure Committee in Lansing, after being originally introduced in the Natural Resources Committee. This is just the next step in taking away local control from communities. The language of the bill on Line ten states unapologetically that:

“A local unit of government shall not, by ordinance or otherwise, prevent, prohibit, or deny a permit, approval, or other authorization for the extraction, by mining, of natural resources from any property, by a person with property, possessory, or contractual rights to do so … if … The natural resources are valuable …[and] Very serious consequences would not result from the extraction of the natural resources … For purposes of this section, a consequence is very serious if it substantially exceeds the ordinary impacts of customary mining operations, and poses an actual and unnecessary risk to public health, safety, or welfare that cannot be avoided or ameliorated through the imposition of reasonable controls or conditions on the mining operations.”

If you ask residents of towns like Ludington and South Rockwood, Michigan, what it is like to live next to silica sand mines, they’ll tell you they have very little faith in the recently rebranded Michigan Department of Environment, Great Lakes, and Energy (DEGLE), formerly the Department of Environmental Quality (DEQ). This is the same DEQ that was responsible for the Flint water crisis, in which several of its employees plead no contest to misdemeanors related to their actions during the crisis.

When I called Senator Hollier’s office and asked what the motivation for this bill was, his staffer told me that in their eyes, if a mine proposal were to meet or exceed the rigorous requirements of DEGLE, then they felt it was important that no further hurdles be placed in the proposal’s way moving forward.

Another concern of Michiganders that I have spoken to about this bill, and silica sand mining in general, is this stipulation regarding bonding and reclamation:

“The amount of financial assurance shall be the product of $1,500.00 multiplied by the number of acres disturbed by mining operations, but not yet reclaimed, excluding roadways, plant sites, and open water areas that will remain after completion of reclamation … Reclaiming slopes of the banks of the excavation not exceeding one (1) foot vertical to three (3) feet horizontal, measured from the nearest setback line into any area disturbed by mining operations.”

Most folks believe: A) A bond of $1,500 is way too low, considering all the long-term damage from surface mining; B) The carving out for roadways, plant sites, and open water areas leaves a tremendous amount of any mine’s remaining footprint devoid of any chance of reclamation, and ensures potential environmental and human health hazards in perpetuity, and; C) The one foot rise over three feet run threshold leaves a vast amount of any mine’s footprint extremely unstable.

The general sentiment among Michigan nonprofit organizations is summed up by a note I received from Michigan Environmental Council (MEC) President & CEO Conan Smith, stating:

“I believe this bill is part of an intrigue that we’ve been monitoring as two very rich political donors fight over a proposed gravel mine [in] Metamora Township … one who owns the proposed mine, one who neighbors it and is opposed.

We are, as you might imagine, opposed to this bill. The exemption of local control and [the] presumption that an extractive operation is so necessary as to preempt other local concerns and priorities is in itself sufficiently egregious for us. However, this legislation would also leave the extractive industry almost entirely free of citing regulation, as there is no detailed process at the state level either.

The philosophical challenge we face here, as in many cases, is the tension between private property rights and public health, safety, and welfare. With this bill, the sponsors want a presumption that any activity on private land is reasonable, unless it results in a ‘very serious consequence,’ (a term which has basis in current law that this bill also erases). The new definition of seriousness would essentially be something that is not a normal part of the extractive action. Thus, for example, hundreds of trucks rolling down a dirt road might not be a very serious consequence because that’s just part of normal operations …”

In a sign of how quickly support for legislation shifts, and how elected officials will use crises like COVID-19 to push what Naomi Klein calls “Shock Doctrine,”[1] policy designed to facilitate a frictionless transition to “disaster capitalism,” MEC’s Policy Director Sean Hammond told us on May 21st of this year that, “Without the environmental community or local governments changing their positions, I see it very unlikely that this will move anywhere.” But just nine days later, MEC’s President and CEO emailed a group of those concerned about this bill, saying: “Bad news, friends. We learned yesterday that this bill has sudden new life and may be getting a hearing soon … We could certainly use help to dissuade lawmakers from taking this up.”

But much of the above has come from those at the policy level, living a healthy distance from Michigan’s mines. For the perspective of someone who actually lives next to a mine, I turned to a close friend and hero of mine, Doug Wood, and his wife Dawn, residents of South Rockwood in Monroe County, just a couple miles southwest of Detroit (Figures 3 and 4). Doug and Dawn sent me the following text regarding SB 0431:

“Ever since frac sand mining came to my community, the mine has expanded and accelerated, crushing silica 12 hours a day, right next to homes. It has been a constant battle to get the local government and the quarry to install air monitoring. Now the AGGREGATE industry is pushing to pass this law, Senate Bill 0431, which takes away all the local community’s controls, including [the control of] fugitive dust. I feel that if this law passes, it will be the end of a healthy, livable community.”

 

Figure 2. Current and Potential Silica Mining Activity, South Rockwood, Michigan, with Dawn and Doug Wood’s property in the southwest corner of the Light Green US Silica and Sylvanian Minerals Potential Polygon.

 

Figure 3. The Sylvanian Minerals/US Silica frac sand mine in South Rockwood, Michigan, in August 2017 (top) and June 2020 (bottom), with the Wood’s house to the left/west.

North Dakota’s Senate Bill 2344

North Dakota’s Senate Bill 2344 was first introduced to the Energy and Natural Resources Committee on January 21st of this year by Senators Jessica Unruh (R), Dwight Cook (R), and Donald Schaible (R). The North American oil and gas industry knows it has a massive waste issue that it can’t seem to get its collective head around, and in North Dakota, it has countered this structural uncertainty by claiming that landowners do not own the “subsurface pore space” beneath their property, and that this pore space entitles an operator to inject waste into such voids, without compensating landowners.

As Dakota Resource Council Executive Director Scott Skokos told me, “What I’ve heard from attorneys is that this is a taking. Prior to the law change, the porous ground beneath you was part of your property rights, but now it is the government’s … The reason is that it is a taking without compensation! At the legislative hearings, I’ve never seen so many ranchers and mineral owners at the legislature. They thought that because they are a privileged class they would be listened to, and they weren’t. When they got railroaded, they said, ‘What? The government doesn’t work for me?’” Many that are following this bill and associated legal efforts to challenge it think it has a good chance to make it all the way to the US Supreme Court, because it renders the state’s Oil and Gas Production Damage Compensation Act toothless.

Skokos went on to tell me that in “a prior world, where landowners actually had agency over their property in North Dakota, the state’s Century Code clearly stated in Section 38-11.1-04 that landowners were entitled to damages equivalent to ‘lost land value’ and/or ‘lost use of and access to the surface owner’s land.’”

In Mosser v. Denbury Resources, Inc.[2] in 2017, “Use of Pore Space,” and by association, SB 2344, began to percolate as a topic actually up for debate. The Mosser family did not contest the right of Denbury to dispose of fracking waste within their unitized area. This is only because they were hoping to get fair market value for waste disposal, if they would eventually have to incur the costs of damage to their property.

They alleged “claims for nuisance, for trespass and for damages under the Oil and Gas Production Damage Compensation Act.” Judge Charles Miller ruled in favor of the Mossers and stated clearly that surface owners did in fact own pore space; surface owners are entitled to the above damages resulting from pore space use; the surface owner does not have to demonstrate they are using the pore space; and most importantly, compensation per barrel that others are paying for fracking waste disposal may be used by landowners to determine damages.

This ruling was not to the industry’s liking, and they were determined to have the last word, so they worked with the aforementioned Republican Senators to write SB 2344, which contains tons of language regarding the use of pore space for natural gas and CO2 storage, as well as for Enhanced Oil Recovery (EOR) purposes. Senator Jessica Unruh, when not working on behalf of the good people of North Dakota’s District 33, is the Environmental Manager at Coyote Creek Mining Company. Also, it is important to note that Donald Schaible is the sole sponsor of HB 1426, mentioned earlier, that increased penalties for riot offenses.

The most jaw-dropping component of SB 2344 is that it would add a new definition to the state’s Century Code for the term “land,” to be defined as the solid material of earth – regardless of ingredients – but excluding pore space! Yes, those little voids in the rock beneath North Dakotans homes, or maybe up to and including cracks in the soil during dry summers, would not be classified as land, and ipso facto would not entitle landowners to damages if such voids were to be filled in with, say, radioactive fracking waste!

One can only hope that the “get off my land,” fiercely independent, and at times, Libertarian facade North Dakotans like to display will roar when this bill gets traction. I mean after all, isn’t the motto of Tea Party enthusiasts and Second Amendment zealots “Don’t Tread on Me?”

This is Part II of a two-part series on concerning legislation related to the oil, gas, and petrochemical industries. Part I focuses on repressive “critical infrastructure” bills intending to criminalize environmental protestors. Such legislation has already been passed in 11 states.

By Ted Auch, PhD, Great Lakes Program Coordinator

[1] Ms. Klein’s website describes the “Shock Doctrine” as the following: “It is a story about violence and shock perpetrated on people, on countries, on economies … [The Shock Doctrine] explodes the myth that the global free market triumphed democratically, and that unfettered capitalism goes hand-in-hand with democracy. Instead … it has consistently relied on violence and shock, and reveals the puppet strings behind the critical events of the last four decades.”

[2] For a helpful summary of what Mosser v. Denbury Resources, Inc. means to North Dakota landowners and the legal world more broadly, the reader can refer to pages eight to 11 of the University of North Dakota School of Law’s April 2019  “Energy Law Symposium”.

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Industry Targets Peaceful Protest via “Critical Infrastructure” Legislation

By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development

The oil and gas industry continues to use rhetoric focusing on national security and energy independence in order to advocate for legislation to criminalize climate activists. Backlash against protestors and environmental stewards has only increased since the onset of COVID-19, suggesting that industry proponents are exploiting this public health crisis to further their own dangerous and controversial policies.[1]

Industry actors contributing to the wave of anti-protest bills include American Petroleum Institute (API), IHS Markit, The American Fuel & Petrochemical Manufacturers (AFPM), and most effectively, the American Legislative Exchange Council (ALEC), by way of its primary financial backer, Koch Industries (Fang, 2014, Shelor, 2017).

ALEC is the source of the model legislation “Critical Infrastructure Protection Act” of 2017, intended to make it a felony to “impede,” “inhibit,” “impair,” or “interrupt” critical infrastructure operation and/or construction. Close approximations – if not exact replicas – of this legislative template have been passed in 11 hydrocarbon rich and/or pathway states, and 8 more are being debated in 4 additional states.

The “critical infrastructure” designation in ALEC’s “Critical Infrastructure Protection Act” is extremely broad, including over 70 pieces of infrastructure, from wastewater treatment and well pads, to ports and pipelines. However, along with the 259 Foreign Trade Zones (FTZ) (Figures 1 and 4) supervised by US Customs and Border Protection (CBP), security is of such importance because over 50% of this infrastructure is related to oil and gas. According to our analysis, there are more than 8,000 unique pieces of infrastructure that fall under this designation, with over 10% in the Marcellus/Utica states of Ohio, West Virginia, and Pennsylvania. See Figure 1 for the number of FTZ per state.

Regarding FTZ, the US Department of Homeland Security doesn’t attempt to hide their genuine nature, boldly proclaiming them “… the United States’ version of what are known internationally as free-trade zones … to serve adequately ‘the public interest’.” If there remains any confusion as to who these zones are geared toward, the US Department of Commerce’s International Administration (ITA) makes the link between FTZ and the fossil fuel industry explicit in its FTZ FAQ page, stating “The largest industry currently using zone procedures is the petroleum refining industry.” (Figure 2)

 

Figure 1. Number of Foreign-Trade Zones (FTZ) by state as of June 2020.

Figure 2. Foreign-Trade Zone (FTZ) Board of Actions in Zones 87 in Lake Charles, LA, 115-117 in and around Port Arthur, TX, and 122 in Corpus Christi, TX. (click on the images to enlarge)

 

Foreign-Trade Zone (FTZ) Board of Actions in Zone 87 in Lake Charles, Louisiana

Foreign-Trade Zone (FTZ) Board of Actions in Zone 87 in Lake Charles, Louisiana

Foreign-Trade Zone (FTZ) Board of Actions in Zones 115-117 in and around Port Arthur, Texas

Foreign-Trade Zone (FTZ) Board of Actions in Zones 115-117 in and around Port Arthur, Texas

Foreign-Trade Zone (FTZ) Board of Actions in Zone 122 in Corpus Christi, Texas

Foreign-Trade Zone (FTZ) Board of Actions in Zone 122 in Corpus Christi, Texas

 

Much of the oil, gas, and petrochemical industries’ efforts stem from the mass resistance to the Dakota Access Pipeline (DAPL). Native American tribes and environmental groups spent months protesting the environmentally risky $3.78 billion dollar project, which began production in June 2017, after Donald Trump signed an executive order to expedite construction during his first week in office. The Standing Rock Sioux tribe also sued the US government in a campaign effort to protect their tribal lands. The world watched as Energy Transfer Partners (ETP), the company building the pipeline, destroyed Native artifacts and sacred sites, and as police deployed tear gas and sprayed protesters with water in temperatures below freezing.

ETP’s bottom line and reputation were damaged during the fight against DAPL. Besides increasingly militarized law enforcement, the oil and gas industry has retaliated by criminalizing similar types of protests against fossil fuel infrastructure. However, the tireless work of Native Americans and environmental advocates has resulted in a recent victory in March 2020, when a federal judge ordered a halt to the pipeline’s production and an extensive new environmental review of DAPL.

Just days ago, on July 6, 2020, a federal judge ruled that DAPL must shut down until further environmental review can assess potential hazards to the landscape and water quality of the Tribe’s water source. This is certainly a victory for the Standing Rock Sioux Tribe and other environmental defenders, but the decision is subject to appeal.

Since the DAPL conflict began, the industry has been hastily coordinating state-level legislation in anticipation of resistance to other notable national gas transmission pipelines, more locally concerning projects like Class II Oil and Gas Waste Injection Wells, and miles of gas gathering pipelines that transport increasing streams of waste – as well as oil and gas – to coastal processing sites.

 

The following “critical infrastructure” bills have already been enacted:

STATE BILL TITLE DATE PASSED
West Virginia HB 4615 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 3/25/20
South Dakota SB 151 NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE 3/18/20
Kentucky HB 44 NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE 3/16/20
Wisconsin AB 426 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 11/21/19
Missouri HB 355 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 7/11/19
Texas HB 3557 NEW CRIMINAL AND CIVIL PENALTIES FOR PROTESTS AROUND CRITICAL INFRASTRUCTURE 6/14/19
Tennessee SB 264 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 5/10/19
Indiana SB 471 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 5/6/19
North Dakota HB 2044 HEIGHTENED PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 4/10/19
Louisiana HB 727 HEIGHTENED PENALTIES FOR PROTESTING NEAR A PIPELINE 5/30/18
Oklahoma HB 1123 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 5/3/17

 

There are an additional eight bills proposed and under consideration in these six states:

STATE PENDING TITLE DATE PROPOSED
Louisiana HB 197 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 2/24/20
Minnesota HF 3668 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 2/24/20
Mississippi HB 1243 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 2/19/20
Alabama SB 45 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 2/4/20
Minnesota HF 2966 NEW PENALTIES FOR PROTESTS NEAR OIL AND GAS PIPELINES 1/31/20
Minnesota SF 2011 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 3/4/19
Ohio SB 33 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 2/12/19
Illinois HB 1633 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 1/31/19

 

Desperate Backlash Against Peaceful Protest

Activists and organizations like the American Civil Liberties Union (ACLU) are framing their opposition to such legislation as an attempt to stave off the worst Orwellian instincts of our elected officials, whether they are in Columbus or Mar-a-Lago. On the other hand, industry and prosecutors are framing these protests as terroristic acts that threaten national security, which is why sentencing comes with a felony conviction and up to ten years in prison. The view of the FBI’s deputy assistant director and top official in charge of domestic terrorism John Lewis is that, “In recent years, the Animal Liberation Front and the Earth Liberation Front have become the most active, criminal extremist elements in the United States … the FBI’s investigation of animal rights extremists and ecoterrorism matters is our highest domestic terrorism investigative priority.”

It shocked many when last week, two protesters in the petrochemical-laden “Cancer Alley” region of Louisiana were arrested and charged under the state’s felony “terrorist” law. Their crime? Placing boxes of nurdles – plastic pellets that are the building blocks of many single-use plastic products – on the doorsteps of fossil fuel lobbyists’ homes. To make matters more ridiculous, the nurdles were illegally dumped by the petrochemical company Formosa Plastics.[2] This is outrageous indeed, but is the sort of legally-sanctioned oppression that fossil fuel industry lobbyists have been successfully advocating for years.

American Fuel & Petrochemical Manufacturers (AFPM) stated in a letter of support for ALEC’s legislative efforts:

“In recent years, there has been a growing and disturbing trend of individuals and organizations attempting to disrupt the operation of critical infrastructure in the energy, manufacturing, telecommunications, and transportation industries. Energy infrastructure is often targeted by environmental activists to raise awareness of climate change and other perceived environmental challenges. These activities, however, expose individuals, communities, and the environment to unacceptable levels of risk, and can cause millions of dollars in damage … As the private sector continues to expand and maintain the infrastructure necessary to safely and reliably deliver energy and other services to hundreds of millions of Americans, policymakers should continue to consider how they can help discourage acts of sabotage … Finally, it will also hold organizations both criminally and vicariously liable for conspiring with individuals who willfully trespass or damage critical infrastructure sites.”

Those organizations deemed ‘criminally and vicariously liable’ would in some states face fines an order of magnitude greater than the actual individual, which would cripple margin-thin environmental groups around the country, and could amount to $100,000 to $1,000,000. The AFPM’s senior vice president for federal and regulatory affairs Derrick Morgan referred to these vicarious organizations as “inspiring … organizations who have ill intent, want to encourage folks to damage property and endanger lives …”

Oklahoma Oil & Gas Association (OKOGA) wrote in a fear-mongering letter to Oklahoma Governor Mary Fallin that such legislation was necessary to “protect all Oklahomans from risk of losing efficient and affordable access to critical services needed to power our daily lives.”

One of the most disturbing aspects of this legislation is that it could, according to the testimony and additional concerns of ACLU of Ohio’s Chief Lobbyist Gary Daniels, equate “‘impeding’ and ‘inhibiting’ the ‘operations’ of a critical infrastructure site” with acts as innocuous as Letters to the Editor, labor strikes or protests, attending and submitting testimony at hearings, or simply voicing your concern or objections to the validity of industry claims and its proposals with emails, faxes, phone calls, or a peaceful protest outside critical infrastructure that raises the concern of site security. Mr. Daniels noted in his additional written testimony that the latter, “may prove inconvenient to the site’s staff, under SB 250 they would be an F3 [Third Degree Felony], and that is without someone even stepping foot on or near the property, as physical presence is not required to be guilty of criminal mischief, as found in/defined in Sec. 2907.07(A)(7) of the bill.”

RISE St. James

Figure 3. A rally held by the Louisiana-based nonprofit RISE St. James.

This connection, when enshrined into law, will have a chilling effect on freedom of speech and assembly, and will stop protests or thoughtful lines of questioning before they even start. As the Ohio Valley Environmental Coalition (OVEC) put it in their request for residents to ask the governor to veto the now-enacted HB 4615, such a bill is unnecessary, duplicative, deceitful, un-American, unconstitutional, and “will further crowd our jails and prisons.”

To combat such industry-friendly legislation that erodes local government control in Ohio, lawmakers like State Senator Nikki Antonio are introducing resolutions like SR 221, which would, “abolish corporate personhood and money-as-speech doctrine” made law by the Supreme Court of the United States’ rulings in Citizens United v. FEC and Buckley v. Valeo. After all, the overarching impact of ALEC’s efforts and those described below furthers privatized, short-term profit and socialized, long-term costs, and amplifies the incredibly corrosive Citizen’s United decision a little over a decade ago.

 

Further Criminalization of Protest, Protections for Law Enforcement

Simultaneously, there is an effort to criminalize protest activities through “riot boosting acts,” increased civil liability and decreased police liability, trespassing penalties, and new sanctions for protestors who conceal their identities (by wearing a face mask, for example).

 

The following bills have already been enacted:

STATE BILL TITLE DATE PASSED
South Dakota SB 189 EXPANDED CIVIL LIABILITY FOR PROTESTERS AND PROTEST FUNDERS 3/27/19
West Virginia HB 4618 ELIMINATING POLICE LIABILITY FOR DEATHS WHILE DISPERSING RIOTS AND UNLAWFUL ASSEMBLIES 3/10/18
North Dakota HB 1426 HEIGHTENED PENALTIES FOR RIOT OFFENCES 2/23/17
North Dakota HB 1293 EXPANDED SCOPE OF CRIMINAL TRESPASS 2/23/17
North Dakota HB 1304 NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 2/23/17

 

In addition, the following bills have been proposed and are under consideration:

STATE PENDING TITLE DATE PROPOSED
Rhode Island H 7543 NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 2/12/20
Oregon HB 4126 HARSH PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 1/28/20
Tennessee SB 1750 NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 1/21/20
Ohio HB 362 NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 10/8/19
Pennsylvania SB 887 NEW PENALTIES FOR PROTESTS NEAR “CRITICAL INFRASTRUCTURE” 10/7/19
Massachusetts HB 1588 PROHIBITION ON MASKED DEMONSTRATIONS 1/17/19

 

All the while, the Bundy clan of Utah pillage – and at times – hold our public lands hostage, and white male Michiganders enter the state capital in Lansing armed for Armageddon, because they feel that COVID-19 is a hoax. We imagine that it isn’t these types of folks that West Virginia State Representatives John Shott and Roger Hanshaw had in mind when they wrote and eventually successfully passed HB 4618, which eliminated police liability for deaths while dispersing riots and unlawful assemblies.

Contrarily, South Dakota’s SB 189, or “Riot Boosting Act,” was blocked by the likes of US District Judge Lawrence L. Piersol, who wrote:

“Imagine that if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result? … Dr. King and the Southern Christian Leadership Conference could have been liable under an identical riot boosting law.”

 

 

Dangerous Work

FracTracker collaborated with Crude Accountability on a report documenting increasing reprisals against environmental activists in the US and Eurasia. Read the Report.

 

A Wave of Anti-Protest Laws in the COVID-19 Era

Despite Judge Piersol’s ruling, South Dakota (SB 151) joined Kentucky (HB 44) and West Virginia (HB 4615) in passing some form of ALEC’s bill since the COVID-19 epidemic took hold of the US. This is classic disaster capitalism. As former Barack Obama Chief of Staff Rahm Emanuel once said, “You never want a serious crisis to go to waste, and what I mean by that is it’s an opportunity to do things you think you could not do before.”

Foreign-Trade Zone Sign

Figure 4. Photo of US Treasury Department signage outlining the warning associated with BP’s Whiting, IN, oil refinery designated a Foreign Trade Zone (FTZ). Photo by Ted Auch July 15th, 2015

In all fairness to Mr. Emanuel, he was referring to the Obama administration’s support for the post-2008 bipartisan Wall Street bailout. However, it is critical that we acknowledge the push for critical infrastructure legislation has been most assuredly bipartisan, with Democratic Governors in Kentucky, Louisiana, and Wisconsin signing into law their versions on March 16th of this year, in May of 2018, and in November of 2019, respectively.

According to the International Center for Not-for-Profit Law, 11 states have passed some version of ALEC’s bill, with the first uncoincidentally being a series of three bills signed in February of 2017 by North Dakota Governor Burgum, targeting “Heightened Penalties for Riot Offences” (HB 1426), “Expanded Scope of Criminal Trespass” (HB 1293), and “New Penalties for Protestors Who Conceal Their Identity” (HB 1304), with at least one member of ALEC’s stable of elected officials, Rep. Kim Koppelman, proudly displaying his affiliation in his biography on the North Dakota Legislative Branch’s website. Mr. Koppelman, along with Rep. Todd Porter out of Mandan, also cosponsored two of these bills.

Related Legislation in Need of Immediate Attention

In Columbus, Ohio, there are several pieces of legislation being pushed in concert with ALEC-led efforts. These include the recently submitted HB 362, that would “create the crime of masked intimidation.” Phil Plummer and George F. Lang sponsor the bill, with the latter being the same official who introduced HB 625, a decidedly anti-local control bill that would preempt communities from banning plastic bags. Most of the general public and some of the country’s largest supermarket chains have identified plastic bag bans as a logical next step as they wrestle with their role in the now universally understood crimes plastics have foisted on our oceans and shores. As Cleveland Scene’s Sam Allard wrote, “bill mills” and their willing collaborators in states like Ohio cause such geographies to march “boldly, with sigils flying in the opposite direction” of progress, and a more renewable and diversified energy future.

With respect to Plummer and Lang’s HB 362, two things must be pointed out:

1) It is eerily similar to North Dakota’s HB 1304 that created new penalties for protestors who conceal their identity, and

2) The North Dakota bill was conveniently signed into law by Governor Burgum on February 23rd, 2017, who had set the day prior as the “deadline for the remaining [DAPL] protesters to leave an encampment on federal land near the area of the pipeline company’s construction site.”

So, when elected officials as far away as Columbus copy and paste legislation passed in the aftermath of the DAPL resistance efforts, it is clear the message they are conveying, and the audience(s) they are trying to intimidate.

Plummer and Lang’s HB 362 would add a section to the state’s “Offenses Against the Public Peace,” Chapter 2917, that would in part read:

No person shall wear a mask or disguise in order to purposely do any of the following:

(A) Obstruct the execution of the law;

(B) Intimidate, hinder, or interrupt a person in the performance of the person’s legal duty; or

(C) Prevent a person from exercising the rights granted to them by the Constitution or the laws of this state.

 

Whoever violates this proposed section is guilty of masked intimidation. Masked intimidation is a first degree misdemeanor. It was critical for the DAPL protestors to protect their faces during tear gas and pepper spray barrages, from county sheriffs and private security contractors alike.

At the present moment, masks are one of the few things standing between COVID-19 and even more death. Given these realities, it is stunning that our elected officials have the time and/or interest in pushing bills such as HB 362 under the thin veil of law and order.

But judging by what one West Virginia resident and former oil and gas industry draftsman,[3] wrote to us recently, elected officials do not really have much to lose, given how little most people think of them:

“Honestly, it doesn’t seem to matter what we do. The only success most of us have had is in possibly slowing the process down and adding to the cost that the companies incur. But then again, the increase in costs probably just gets passed down to the consumers. One of the biggest drawbacks in my County is that most, if not all, of the elected officials are pro drilling. Many of them have profited from it.”

The oil, gas, and petrochemical industries are revealing their weakness by scrambling to pass repressive legislation to counteract activists. But social movements around the world are determined to address interrelated social and environmental issues before climate chaos renders our planet unlivable, particularly for those at the bottom of the socioeconomic ladder. We hope that by shining a light on these bills, more people will become outraged enough to join the fight against antidemocratic legislation.

This is Part I of a two-part series on concerning legislation related to the oil, gas, and petrochemical industries. Part II focuses on bills that would weaken environmental regulations in Ohio, Michigan, and South Dakota.

By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development

[1] See Naomi Klein’s concept of the Shock Doctrine for similar trends.

[2] The community-based environmental organization RISE St. James has been working tirelessly to prevent Formosa Plastics from building one of the largest petrochemical complexes in the US in their Parish. Sharon Lavigne is a leading member of RISE St. James, and is an honored recipient of the 2019 Community Sentinel Award for Environmental Stewardship. Read more on Sharon’s work with RISE St. James here.

[3] This individual lives in Central West Virginia, and formerly monitored Oil & Gas company assets in primarily WV, PA, NY, VA, MD & OH, as well as the Gulf Coast. Towards the end of this individual’s career, they provided mapping support for the smart pigging program, call before you dig, and the pipeline integrity program.

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Mapping gathering lines in OH and WV feature

Mapping Gathering Lines in Ohio and West Virginia

As a spring 2020 intern with FracTracker, my work mostly involved mapping gathering lines in West Virginia and Ohio. Gathering lines are pipelines that transport oil and gas from the wellhead to either compressor stations or storage/processing facilities. The transmission pipelines (which are often larger in diameter than gathering lines) take the oil and gas from the processing facilities to other storage facilities/compressor stations, or to distribution pipelines which go to end users and consumers. As you can see from Figure 2 in the map of Doddridge County, WV, many gathering lines eventually converge at a compressor station. You can think of gathering lines like small brooks and streams that feed transmission pipelines. The transmission lines are the main arteries, like a river, moving larger quantities of gas and oil over longer distances.

PROJECT DESCRIPTION

The main project and goal of my internship was to record as many gathering pipelines as I could find in Ohio and West Virginia, since gathering lines are not generally mapped and therefore not easily available for the public to view. For example, the National Pipeline Mapping System’s public map viewer (created by the Department of Transportation Pipeline and Hazardous Materials Safety Administration) has a note stating, “It does not contain gas gathering or distribution pipelines.” Mapping gathering lines makes this data accessible to the public and will allow us to see the bigger picture when it comes to assessing the environmental impact of pipelines.

After collecting gathering line location data, I performed GIS analysis to determine the amount of acreage of land that has been clearcut due to gathering pipeline installations.

Another analysis we could perform using this data is to count the total number of waterways that the gathering lines cross/interact with and assess the quality of water and wildlife in areas with higher concentrations of gathering pipelines.

Oil and Gas Wells and Gathering Lines in OH and WV

Figure 1. This map shows an overview of gathering line pipelines in the Powhatan Point, Ohio and Moundsville, West Virginia of the Ohio River Valley.

 

PIPELINE GATHERING LINE MAPPING PROCESS

I worked with an aerial imagery BaseMap layer (a BaseMap is the bottommost layer when viewing a map), a county boundaries layer, production well location points, and compressor station location points. I then traced lines on the earth that appeared to be gathering lines by creating polygon shapefiles in the GIS application ArcMap.

My methodology and process of finding the actual routes of the gathering lines included examining locations at various map scale ranges to find emerging line patterns of barren land that connect different production well points on the map. I would either concentrate on looking for patterns along well pad location points and look for paths that may connect those points, or I would begin at the nearest gathering line I had recorded to try to find off-shoot paths off of those pipelines that may connect to a well pad, compressor station or previously recorded gathering line.

I did run into a few problems during my search for gathering lines. Sometimes, I would begin to trace a gathering line path, only to either loose the path entirely, or on further inspection, find that it was a power line path. Other times when using the aerial imagery basemap, the gathering line would flow into an aerial photo from a year prior to the pipeline installation and I would again lose the path. To work around these issues, I would first follow the gathering line trail to its end point before I started tracing the path. I would also view the path very closely in various scale ranges to ensure I wasn’t tracing a road, waterway, or powerline pathway.

ACREAGE ANALYSIS

In the three months that I was working on recording gathering pipeline paths in Ohio and West Virginia, I found approximately 29,103 acres (3,494 miles) of barren land clearcut by gathering pipelines. These total amounts are not exact since not all gathering lines can be confirmed. There are still more gathering lines to be recorded in both Ohio and West Virginia, but these figures give the reader an idea of the land disturbance caused by gathering lines, as shown in Figures 1 and 2.

In Ohio, I recorded approximately 10,083 acres (641 miles) with the average individual gathering pipeline taking up about 45 acres of land. With my gathering line data and data previously recorded by FracTracker, I found that there are 28,490 acres (1,690 miles) of land spanning 9 counties in southeastern Ohio that have been cleared and used by gathering lines.

For West Virginia, I was able to record approximately 19,020 acres (1,547 miles) of gathering lines, with the average gathering line taking up about 48 acres of space each. With previous data recorded in West Virginia by FracTracker, the total we have so far for the state is 22,897 acres (1,804 miles), although that is only accounting for the 9 counties in northern West Virginia that are recorded.

Wells and Gathering Lines in Doddridge County, WV

Figure 2. This aerial view map shows connecting gathering line pipelines that cover a small portion of Doddridge County, WV.

 

CONCLUSION

I was shocked to see how many gathering lines there are in these rural areas. Not only are they very prevalent in these less populated communities, but it was surprising to see how concentrated and close together they tend to be. When most people think of pipelines, they think of the big transmission pipeline paths that cross multiple states and are unaware of how much land that the infrastructure of these gathering pipelines also take up.

It was also very eye-opening to find that there are at least 29,000 acres of land in Ohio and West Virginia that were clearcut for the installation of gathering lines. It is even more shocking that these gathering pipelines are not being recorded or mapped and that this data is not publicly available from the National Pipeline Mapping System. While driving through these areas you may only see one or two pipelines briefly from your car, but by viewing the land from a bird’s eye perspective, you get a sense of the scale of this massive network. While the transmission pipeline arteries tend to be bigger, the veins of gathering lines displace a large amount of land as well.

I was also surprised by the sheer number of gathering lines I found that crossed waterways, rivers, and streams. During this project, it wasn’t unusual at all to follow a gathering line path that would cross water multiple times. In the future, I would be interested to look at the number of times these gathering pipelines cross paths with a stream or river, and the impact that this has on water quality and surrounding environment. I hope to continue to record gathering lines in Ohio and West Virginia, as well as Pennsylvania, so that we may learn more about this infrastructure and the impact it may have on the environment.

About Me

I first heard of FracTracker three years ago when I was volunteering with an environmental group called Keep Wayne Wild in Ohio. Since learning about FracTracker, I have been impressed with their eye-opening projects and their ability to make the gas and oil industry more transparent. A few years after first hearing about FracTracker, and as my interest in the GIS field continued to grow, I began taking GIS classes and reached out to them for this internship opportunity.

By Trevor Oatts, FracTracker Spring 2020 Data & GIS Intern

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FracTracker Falcon Pipeline spills map

Falcon Pipeline Construction Releases over 250,000 Gallons of Drilling Fluid in Pennsylvania and Ohio

Part of the Falcon Public Environmental Impact Assessment – a FracTracker series on the impacts of Falcon Ethane Pipeline System

Challenges have plagued Shell’s construction of the Falcon Pipeline System through Pennsylvania, Ohio, and West Virginia, according to documents from the Pennsylvania Department of Environmental Protection (DEP) and the Ohio Environmental Protection Agency (EPA). 

Records show that at least 70 spills have occurred since construction began in early 2019, releasing over a quarter million gallons of drilling fluid. Yet the true number and volume of spills is uncertain due to inaccuracies in reporting by Shell and discrepancies in regulation by state agencies. 

Drilling Mud Spill

A drilling fluid spill from Falcon Pipeline construction near Moffett Mill Road in Beaver County, PA. Source: Pennsylvania DEP

Releases of drilling fluid during Falcon’s construction include inadvertent returns and losses of circulation – two technical words used to describe spills of drilling fluid that occur during pipeline construction.

Drilling fluid, which consists of water, bentonite clay, and chemical additives, is used when workers drill a borehole horizontally underground to pull a pipeline underneath a water body, road, or other sensitive location. This type of installation is called a HDD (horizontal directional drill), and is pictured in Figure 1.

HDD Pipeline Diagram

Figure 1. An HDD operation – Thousands of gallons of drilling fluid are used in this process, creating the potential for spills. Click to expand. Source: Enbridge Pipeline

 

Here’s a breakdown of what these types of spills are and how often they’ve occurred during Falcon pipeline construction, as of March, 2020:

  • Loss of circulation 
    • Definition: A loss of circulation occurs when there is a decrease in the volume of drilling fluid returning to the entry or exit point of a borehole. A loss can occur when drilling fluid is blocked and therefore prevented from leaving a borehole, or when fluid is lost underground.
    • Cause: Losses of circulation occur frequently during HDD construction and can be caused by misdirected drilling, underground voids, equipment blockages or failures, overburdened soils, and weathered bedrock.
    • Construction of the Falcon has caused at least 49 losses of circulation releasing at least 245,530 gallons of drilling fluid. Incidents include:
      • 15 losses in Ohio – totaling 73,414 gallons
      • 34 losses in Pennsylvania – totaling 172,116 gallons
  • Inadvertent return
    • Definition: An inadvertent return occurs when drilling fluid used in pipeline installation is accidentally released and migrates to Earth’s surface. Oftentimes, a loss of circulation becomes an inadvertent return when underground formations create pathways for fluid to surface. Additionally, Shell’s records indicate that if a loss of circulation is large enough, (releasing over 50% percent of drilling fluids over 24-hours, 25% of fluids over 48-hours, or a daily max not to exceed 50,000 gallons) it qualifies as an inadvertent return even if fluid doesn’t surface.
    • Cause: Inadvertent returns are also frequent during HDD construction and are caused by many of the same factors as losses of circulation. 
    • Construction of the Falcon has caused at least 20 inadvertent returns, releasing at least 5,581 gallons of drilling fluid. These incidents include:
      • 18 inadvertent returns in Pennsylvania – totaling 5,546 gallons 
        • 2,639 gallons into water resources (streams and wetlands)
      • 2 inadvertent returns Ohio – totaling 35 gallons 
        • 35 gallons into water resources (streams and wetlands)

However, according to the Ohio EPA, Shell is not required to submit reports for losses of circulation that are less than the definition of an inadvertent return, so many losses may not be captured in the list above. Additionally, documents reveal inconsistent volumes of drilling mud reported and discrepancies in the way releases are regulated by the Pennsylvania DEP and the Ohio EPA.

Very few of these incidents were published online for the public to see; FracTracker obtained information on them through a public records request. The map below shows the location of all known drilling fluid releases from that request, along with features relevant to the pipeline’s construction. Click here to view full screen, and add features to the map by checking the box next to them in the legend. For definitions and additional details, click on the information icon.

 

View map full screen 

Jefferson County, Ohio

Our investigation into these incidents began early this year when we received an anonymous tip about a release of drilling fluids in the range of millions of gallons at the SCIO-06 HDD over Wolf Run Road in Jefferson County, Ohio. The source stated that the release could be contaminating drinking water for residents and livestock.

Working with Clean Air Council, Fair Shake Environmental Legal Services, and DeSmog Blog, we quickly discovered that this spill was just the beginning of the Falcon’s construction issues.

Documents from the Ohio EPA confirm that there were at least eight losses of circulation at this location between August 2019 and January 2020, including losses of unknown volume. The SCIO-06 HDD location is of particular concern because it crosses beneath two streams (Wolf Run and a stream connected to Wolf Run) and a wetland, is near groundwater wells, and runs over an inactive coal mine (Figure 2).

Map of spills along pipeline

Figure 2. Losses of circulation that occurred at the SCIO-06 horizontal directional drill (HDD) site along the Falcon Pipeline in Jefferson County Ohio. Data Sources: OH EPA, AECOM

According to Shell’s survey, the coal mine (shown in Figure 2 in blue) is 290 feet below the HDD crossing. A hazardous scenario could arise if an HDD site interacts with mine voids, releasing drilling fluid into the void and creating a new mine void discharge. 

A similar situation occurred in 2018, when EQT Corp. was fined $294,000 after the pipeline it was installing under a road in Forward Township, Pennsylvania hit an old mine, releasing four million gallons of mine drainage into the Monongahela River. 

The Ohio EPA’s Division of Drinking and Ground Waters looked into the issues around this site and reported, “GIS analysis of the pipeline location in Jefferson Co. does not appear to risk any vulnerable ground water resources in the area, except local private water supply wells.  However, the incident location is above a known abandoned (pre-1977) coal mine complex, mapped by ODNR.”

If you believe your environment may be impacted by pipeline construction, you may contact Fair Shake Environmental Legal Services for assistance, and as always you can reach out to FracTracker Alliance with questions and concerns.

 

While we cannot confirm if there was a spill in the range of millions of gallons as the source claimed, the reported losses of circulation at the SCIO-06 site total over 60,000 gallons of drilling fluid. Additionally, on December 10th, 2019, the Ohio EPA asked AECOM (the engineering company contracted by Shell for this project) to estimate what the total fluid loss would be if workers were to continue drilling to complete the SCIO-06 crossing. AECOM reported that, in a “very conservative scenario based on the current level of fluid loss…Overall mud loss to the formation could exceed 3,000,000 gallons.” 

Despite this possibility of a 3 million+ gallon spill, Shell resumed construction in January, 2020. The company experienced another loss of circulation of 4,583 gallons, reportedly caused by a change in formation. However, in correspondence with a resident, Shell stated that the volume lost was 3,200 gallons. 

Whatever the amount, this January loss of circulation appears to have convinced Shell that an HDD crossing at this location was too difficult to complete, and in February 2020, Shell decided to change the type of crossing at the SCIO-06 site to a guided bore underneath Wolf Run Rd and open cut trench through the stream crossings (Figure 3).

Pipeline Map

Figure 3. The SCIO-06 HDD site, which may be changed from an HDD crossing to an open cut trench and conventional bore to cross Wolf Run Rd, Wolf Run stream (darker blue), an intermittent stream (light blue) and a wetland (teal). Click to expand.

An investigation by DeSmog Blog revealed that Shell applied for the route change under Nationwide Permit 12, a permit required for water crossings. While the Army Corps of Engineers authorized the route change on March 17th, one month later, a Montana federal court overseeing a case on the Keystone XL pipeline determined that the Nationwide Permit 12 did not meet standards set by federal environmental laws – a decision which may nullify the Falcon’s permit status. At this time, the ramifications of this decision on the Falcon remain unclear.

Inconsistencies in Reporting

In looking through Shell’s loss of circulation reports, we noted several discrepancies about the volume of drilling fluid released for different spills, including those that occurred at the SCIO-06 site. As one example, the Ohio EPA stated an email about the SCIO-06 HDD, “The reported loss of fluid from August 1, 2019 to August 14, 2019 in the memo does not appear to agree with the 21,950 gallons of fluid loss reported to me during my site visit on August 14, 2019 or the fluid loss reported in the conference call on August 13, 2019.” 

In addition to errors on Shell’s end, our review of documents revealed significant confusion around the regulation of drilling fluid spills. In an email from September 26, 2019, months after construction began, Shell raised the following questions with the Ohio EPA: 

  • when a loss of circulation becomes an inadvertent return – the Ohio EPA clarifies: “For purposes of HDD activities in Ohio, an inadvertent return is defined as the unintended return of any fluid to the surface, as well as losses of fluids to underground formations which exceed 50-percent over a 24-hour period and/or 25-percent loss of fluids or annular pressure sustained over a 48-hour period;”
  • when the clock starts for the aforementioned time periods – the Ohio EPA says the time starts when “the drill commences drilling;”
  • whether Shell needs to submit loss of circulation reports for losses that are less than the aforementioned definition of an inadvertent return – the Ohio EPA responds, “No. This is not required in the permit.”

How are these spills measured?

A possible explanation for why Shell reported inconsistent volumes of spills is because they were not using the proper technology to measure them.

Shell’s “Inadvertent Returns from HDD: Assessment, Preparedness, Prevention and Response Plan” states that drilling rigs must be equipped with “instruments which can measure and record in real time, the following information: borehole annular pressure during the pilot hole operation; drilling fluid discharge rate; the spatial position of the drilling bit or reamer bit; and the drill string axial and torsional loads.”

In other words, Shell should be using monitoring equipment to measure and report volumes of drilling fluid released.

Despite that requirement, Shell was initially monitoring releases manually by measuring the remaining fluid levels in tanks. After inspectors with the Pennsylvania DEP realized this in October, 2019, the Department issued a Notice of Violation to Shell, asking the company to immediately cease all Pennsylvania HDD operations and implement recording instruments. The violation also cited Shell for not filing weekly inadvertent return reports and not reporting where recovered drilling fluids were disposed. 

In Ohio, there is no record of a similar request from the Ohio EPA. The anonymous source that originally informed us of issues at the SCIO-6 HDD stated that local officials and regulatory agencies in Ohio were likely not informed of the full volumes of the industrial waste releases based on actual meter readings, but rather estimates that minimize the perceived impact. 

While we cannot confirm this claim, we know a few things for sure: 1) there are conflicting reports about the volume of drilling fluids spilled in Ohio, 2) according to Shell’s engineers, there is the potential for a 3 million+ gallon spill at the SCIO-06 site, and 3) there are instances of Shell not following its permits with regard to measuring and reporting fluid losses. 

The inconsistent ways that fluid losses (particularly those that occur underground) are defined, reported, and measured leave too many opportunities for Shell to impact sensitive ecosystems and drinking water sources without being held accountable.

What are the impacts of drilling fluid spills?

Drilling fluid is primarily composed of water and bentonite clay (sodium montmorillonite), which is nontoxic. If a fluid loss occurs, workers often use additives to try and create a seal to prevent drilling fluid from escaping into underground voids. According to Shell’s “Inadvertent Returns From HDD” plan, it only uses additives that meet food standards, are not petroleum based, and are consistent with materials used in drinking water operations.

However, large inadvertent returns into waterways cause heavy sedimentation and can have harmful effects on aquatic life. They can also ruin drinking water sources. Inadvertent returns caused by HDD construction along the Mariner East 2 pipeline have contaminated many water wells.

Losses of circulation can impact drinking water too. This past April in Texas, construction of the Permian Highway Pipeline caused a loss that left residents with muddy well water. A 3 million gallon loss of circulation along the Mariner East route led to 208,000 gallons of drilling mud entering a lake, and a $2 million fine for Sunoco, the pipeline’s operator.

Our Falcon Public EIA Project found 240 groundwater wells within 1/4 mile of the pipeline and 24 within 1,000 ft of an HDD site. The pipeline also crosses near surface water reservoirs. Drilling mud spills could put these drinking water sources at risk.

But when it comes to understanding the true impact of the more than 245,000+ gallons of drilling fluid lost beneath Pennsylvania and Ohio, there are a lot of remaining questions. The Falcon route crosses over roughly 20 miles of under-mined land (including 5.6 miles of active coal mines) and 25 miles of porous karst limestone formations (learn more about karst). Add in to the mix the thousands of abandoned, conventional, and fracked wells in the region – and you start to get a picture of how holey the land is. Where or how drilling fluid interacts with these voids underground is largely unknown.

Other Drilling Fluid Losses

In addition to the SCIO-04 HDD, there are other drilling fluid losses that occurred in sensitive locations.

In Robinson Township, Pennsylvania, over a dozen losses of circulation (many of which occurred over the span of several days) released a reported 90,067 gallons of drilling fluid into the ground at the HOU-04 HDD. This HDD is above inactive surface and underground mines.

The Falcon passes through and near surface drinking water sources. In Beaver County, Pennsylvania, the pipeline crosses the headwaters of the Ambridge Reservoir and the water line that carries out its water for residents in Beaver County townships (Ambridge, Baden, Economy, Harmony, and New Sewickley) and Allegheny County townships (Leet, Leetsdale, Bell Acres, and Edgeworth). The group Citizens to Protect the Ambridge Reservoir, which formed in 2012 to protect the reservoir from unconventional oil and gas infrastructure, led efforts to stop Falcon Construction, and the Ambridge Water Authority itself called the path of the pipeline “not acceptable.” In response to public pressure, Shell did agree to build a back up line to the West View Water Authority in case issues arose from the Falcon’s construction.

Unfortunately, a 50-gallon inadvertent return was reported at the HDD that crosses the waterline (Figure 4), and a 160 gallon inadvertent return occurred in Raccoon Municipal Park within the watershed and near its protected headwaters (Figure 5). Both of these releases are reported to have occurred within the pipeline’s construction area and not into waterways.

Spill from Falcon construction

Figure 4) HOU-10 HDD location on the Falcon Pipeline, where 50 gallons were released on the drill pad on 7/9/2019

Spill from pipeline construction

Figure 5) SCIO-05 HDD location on the Falcon Pipeline, where 160 gallons were released on 6/10/19, within the pipeline’s LOD (limit of disturbance)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Farther west, the pipeline crosses through the watershed of the Tappan Reservoir, which provides water for residents in Scio, Ohio and the Ohio River, which serves over 5 million people.

A 35- gallon inadvertent return occurred at a conventional bore within the Tappan Lake Protection Area, impacting a wetland and stream. We are not aware of any spills impacting the Ohio River.

Pipelines in a Pandemic

This investigation makes it clear that weak laws and enforcement around drilling fluid spills allows pipeline construction to harm sensitive ecosystems and put drinking water sources at risk. Furthermore, regulations don’t require state agencies or Shell to notify communities when many of these drilling mud spills occur.

Despite the issues Shell experienced during construction, work on the Falcon continued over the past months during state shelter-in-place orders, while many businesses were forced to close. 

The problem continues where the 97-mile pipeline ends – at the Shell ethane cracker. In March, workers raised concerns about the unsanitary conditions of the site, and stated that crowded workspaces made social distancing impossible. While Shell did halt construction temporarily, state officials gave the company the OK to continue work – even without the waiver many businesses had to obtain. 

The state’s decision was based on the fact it considered the ethane cracker to “support electrical power generation, transmission and distribution.” The ethane cracker – which is still months and likely years away from operation – does not currently produce electrical power and will only provide power generation to support plastic manufacturing.

This claim continues a long pattern of the industry attempting to trick the public into believing that we must continue expanding oil and gas operations to meet our country’s energy needs. In reality, Shell and other oil and gas companies are attempting to line their own pockets by turning the country’s massive oversupply of fracked gas into plastic. And just as Shell and state governments have put the health of residents and workers on the line by continuing construction during a global pandemic, they are sacrificing the health of communities on the frontlines of the plastic industry and climate change by pushing forward the build-out of the petrochemical industry during a global climate crisis.

This election year, while public officials are pushing forward major action to respond to the economic collapse, let’s push for policies and candidates that align with the people’s needs, not Big Oil’s.

By Erica Jackson, Community Outreach & Communications Specialist, FracTracker Alliance

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National Energy and Petrochemical Map

FracTracker Alliance has released a new national map, filled with energy and petrochemical data. Explore the map, continue reading to learn more, and see how your state measures up!

The items on the map (followed by facility count in parenthesis) include:

         For oil and gas wells, view FracTracker’s state maps. 

This map is by no means exhaustive, but is exhausting. It takes a lot of infrastructure to meet the energy demands from industries, transportation, residents, and businesses – and the vast majority of these facilities are powered by fossil fuels. What can we learn about the state of our national energy ecosystem from visualizing this infrastructure? And with increasing urgency to decarbonize within the next one to three decades, how close are we to completely reengineering the way we make energy?

Key Takeaways

  • Natural gas accounts for 44% of electricity generation in the United States – more than any other source. Despite that, the cost per megawatt hour of electricity for renewable energy power plants is now cheaper than that of natural gas power plants.
  • The state generating the largest amount of solar energy is California, while wind energy is Texas. The state with the greatest relative solar energy is not technically a state – it’s D.C., where 18% of electricity generation is from solar, closely followed by Nevada at 17%. Iowa leads the country in relative wind energy production, at 45%.
  • The state generating the most amount of energy from both natural gas and coal is Texas. Relatively, West Virginia has the greatest reliance on coal for electricity (85%), and Rhode Island has the greatest percentage of natural gas (92%).
  • With 28% of total U.S. energy consumption for transportation, many of the refineries, crude oil and petroleum product pipelines, and terminals on this map are dedicated towards gasoline, diesel, and other fuel production.
  • Petrochemical production, which is expected to account for over a third of global oil demand growth by 2030, takes the form of chemical plants, ethylene crackers, and natural gas liquid pipelines on this map, largely concentrated in the Gulf Coast.

Electricity generation

The “power plant” legend item on this map contains facilities with an electric generating capacity of at least one megawatt, and includes independent power producers, electric utilities, commercial plants, and industrial plants. What does this data reveal?

National Map of Power plants

Power plants by energy source. Data from EIA.

In terms of the raw number of power plants – solar plants tops the list, with 2,916 facilities, followed by natural gas at 1,747.

In terms of megawatts of electricity generated, the picture is much different – with natural gas supplying the highest percentage of electricity (44%), much more than the second place source, which is coal at 21%, and far more than solar, which generates only 3% (Figure 1).

National Energy Sources Pie Chart

Figure 1. Electricity generation by source in the United States, 2019. Data from EIA.

This difference speaks to the decentralized nature of the solar industry, with more facilities producing less energy. At a glance, this may seem less efficient and more costly than the natural gas alternative, which has fewer plants producing more energy. But in reality, each of these natural gas plants depend on thousands of fracked wells – and they’re anything but efficient.Fracking's astronomical decline rates - after one year, a well may be producing less than one-fifth of the oil and gas it produced its first year. To keep up with production, operators must pump exponentially more water, chemicals, and sand, or just drill a new well.

The cost per megawatt hour of electricity for a renewable energy power plants is now cheaper than that of fracked gas power plants. A report by the Rocky Mountain Institute, found “even as clean energy costs continue to fall, utilities and other investors have announced plans for over $70 billion in new gas-fired power plant construction through 2025. RMI research finds that 90% of this proposed capacity is more costly than equivalent [clean energy portfolios, which consist of wind, solar, and energy storage technologies] and, if those plants are built anyway, they would be uneconomic to continue operating in 2035.”

The economics side with renewables – but with solar, wind, geothermal comprising only 12% of the energy pie, and hydropower at 7%, do renewables have the capacity to meet the nation’s energy needs? Yes! Even the Energy Information Administration, a notorious skeptic of renewable energy’s potential, forecasted renewables would beat out natural gas in terms of electricity generation by 2050 in their 2020 Annual Energy Outlook.

This prediction doesn’t take into account any future legislation limiting fossil fuel infrastructure. A ban on fracking or policies under a Green New Deal could push renewables into the lead much sooner than 2050.

In a void of national leadership on the transition to cleaner energy, a few states have bolstered their renewable portfolio.

How does your state generate electricity?
Legend

Figure 2. Electricity generation state-wide by source, 2019. Data from EIA.

One final factor to consider – the pie pieces on these state charts aren’t weighted equally, with some states’ capacity to generate electricity far greater than others.  The top five electricity producers are Texas, California, Florida, Pennsylvania, and Illinois.

Transportation

In 2018, approximately 28% of total U.S. energy consumption was for transportation. To understand the scale of infrastructure that serves this sector, it’s helpful to click on the petroleum refineries, crude oil rail terminals, and crude oil pipelines on the map.

Map of transportation infrastructure

Transportation Fuel Infrastructure. Data from EIA.

The majority of gasoline we use in our cars in the US is produced domestically. Crude oil from wells goes to refineries to be processed into products like diesel fuel and gasoline. Gasoline is taken by pipelines, tanker, rail, or barge to storage terminals (add the “petroleum product terminal” and “petroleum product pipelines” legend items), and then by truck to be further processed and delivered to gas stations.

The International Energy Agency predicts that demand for crude oil will reach a peak in 2030 due to a rise in electric vehicles, including busses.  Over 75% of the gasoline and diesel displacement by electric vehicles globally has come from electric buses.

China leads the world in this movement. In 2018, just over half of the world’s electric vehicles sales occurred in China. Analysts predict that the country’s oil demand will peak in the next five years thanks to battery-powered vehicles and high-speed rail.

In the United States, the percentage of electric vehicles on the road is small but growing quickly. Tax credits and incentives will be important for encouraging this transition. Almost half of the country’s electric vehicle sales are in California, where incentives are added to the federal tax credit. California also has a  “Zero Emission Vehicle” program, requiring electric vehicles to comprise a certain percentage of sales.

We can’t ignore where electric vehicles are sourcing their power – and for that we must go back up to the electricity generation section. If you’re charging your car in a state powered mainly by fossil fuels (as many are), then the electricity is still tied to fossil fuels.

Petrochemicals

Many of the oil and gas infrastructure on the map doesn’t go towards energy at all, but rather aids in manufacturing petrochemicals – the basis of products like plastic, fertilizer, solvents, detergents, and resins.

This industry is largely concentrated in Texas and Louisiana but rapidly expanding in Pennsylvania, Ohio, and West Virginia.

On this map, key petrochemical facilities include natural gas plants, chemical plants, ethane crackers, and natural gas liquid pipelines.

Map of Petrochemical Infrastructure

Petrochemical infrastructure. Data from EIA.

Natural gas processing plants separate components of the natural gas stream to extract natural gas liquids like ethane and propane – which are transported through the natural gas liquid pipelines. These natural gas liquids are key building blocks of the petrochemical industry.

Ethane crackers process natural gas liquids into polyethylene – the most common type of plastic.

The chemical plants on this map include petrochemical production plants and ammonia manufacturing. Ammonia, which is used in fertilizer production, is one of the top synthetic chemicals produced in the world, and most of it comes from steam reforming natural gas.

As we discuss ways to decarbonize the country, petrochemicals must be a major focus of our efforts. That’s because petrochemicals are expected to account for over a third of global oil demand growth by 2030 and nearly half of demand growth by 2050 – thanks largely to an increase in plastic production. The International Energy Agency calls petrochemicals a “blind spot” in the global energy debate.

Petrochemical infrastructure

Petrochemical development off the coast of Texas, November 2019. Photo by Ted Auch, aerial support provided by LightHawk.

Investing in plastic manufacturing is the fossil fuel industry’s strategy to remain relevant in a renewable energy world. As such, we can’t break up with fossil fuels without also giving up our reliance on plastic. Legislation like the Break Free From Plastic Pollution Act get to the heart of this issue, by pausing construction of new ethane crackers, ensuring the power of local governments to enact plastic bans, and phasing out certain single-use products.

“The greatest industrial challenge the world has ever faced”

Mapped out, this web of fossil fuel infrastructure seems like a permanent grid locking us into a carbon-intensive future. But even more overwhelming than the ubiquity of fossil fuels in the US is how quickly this infrastructure has all been built. Everything on this map was constructed since Industrial Revolution, and the vast majority in the last century (Figure 3) – an inch on the mile-long timeline of human civilization.

Figure 3. Global Fossil Fuel Consumption. Data from Vaclav Smil (2017)

In fact, over half of the carbon from burning fossil fuels has been released in the last 30 years. As David Wallace Wells writes in The Uninhabitable Earth, “we have done as much damage to the fate of the planet and its ability to sustain human life and civilization since Al Gore published his first book on climate than in all the centuries—all the millennia—that came before.”

What will this map look like in the next 30 years?

A recent report on the global economics of the oil industry states, “To phase out petroleum products (and fossil fuels in general), the entire global industrial ecosystem will need to be reengineered, retooled and fundamentally rebuilt…This will be perhaps the greatest industrial challenge the world has ever faced historically.”

Is it possible to build a decentralized energy grid, generated by a diverse array of renewable, local, natural resources and backed up by battery power? Could all communities have the opportunity to control their energy through member-owned cooperatives instead of profit-thirsty corporations? Could microgrids improve the resiliency of our system in the face of increasingly intense natural disasters and ensure power in remote regions? Could hydrogen provide power for energy-intensive industries like steel and iron production? Could high speed rail, electric vehicles, a robust public transportation network and bike-able cities negate the need for gasoline and diesel? Could traditional methods of farming reduce our dependency on oil and gas-based fertilizers? Could  zero waste cities stop our reliance on single-use plastic?

Of course! Technology evolves at lightning speed. Thirty years ago we didn’t know what fracking was and we didn’t have smart phones. The greater challenge lies in breaking the fossil fuel industry’s hold on our political system and convincing our leaders that human health and the environment shouldn’t be externalized costs of economic growth.

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Overhead view of injection well

The Hidden Inefficiencies and Environmental Costs of Fracking in Ohio

Ohio continues to increase fracked gas production, facilitated by access to freshwater and lax radioactive waste disposal requirements.

View map fullscreen | How FracTracker maps work

Map: Ohio Quarterly Utica Oil and Gas Production along with Quarterly Wastewater Disposal

Well Volumes

A little under a year ago, FracTracker released a map and associated analysis, “A Disturbing Tale of Diminishing Returns in Ohio,” with respect to Utica oil and gas production, highlighting the increasing volume of waste injected in wastewater disposal wells, and trends in lateral length in fracked wells from 2010 to 2018. In this article, I’ll provide an update on Ohio’s Utica oil and gas production in 2018 and 2019, the demands on freshwater, and waste disposal. After looking at the data, I recommend that we holistically price our water resources and the ways in which we dispose of the industry’s radioactive waste in order to minimize negative externalities.

Recently, I’ve been inspired by the works of Colin Woodward[1] and Marvin Harris, who outline the struggle between liberty and the common good. They relate this to the role that commodities and increasing resource intensity play in maintaining or enhancing living standards. This quote from Harris’s “Cannibals and Kings” struck me as the 122 words that most effectively illustrate the impacts of the fracking boom that started more than a decade ago in Central Appalachia:

“Regardless of its immediate cause, intensification is always counterproductive. In the absence of technological change, it leads inevitably to the depletion of the environment and the lowering of the efficiency of production since the increased effort sooner or later must be applied to more remote, less reliable, and less bountiful animals, plants, soils, minerals, and sources of energy. Declining efficiency in turn leads to low living standards – precisely the opposite of the desired result. But this process does not simply end with everybody getting less food, shelter, and other necessities in return for more work. As living standards decline, successful cultures invent new and more efficient means of production which sooner or later again lead to the depletion of the natural environment.” From Chapter 1, page 5 of Marvin Harris’ “Cannibals and Kings: The Origins of Cultures, 1977

In reflecting on Harris’s quote as it pertains to fracking, I thought it was high time I updated several of our most critical data sets. The maps and data I present here speak to intensification and the fact that the industry is increasingly leaning on cheap water withdrawals, landscape impacts, and waste disposal methods to avoid addressing their increasingly gluttonous ways. To this point, the relationship between intensification and resource utilization is not just the purview of activists, academics, and journalists anymore; industry collaborators like IHS Markit admitting as much in their latest analysis pointing to the fact that oil and gas operators “will have to drill substantially more wells just to maintain current production levels and even more to grow production”. Insert Red Queen Hypothesis analogy here!

Oil and Gas Production in Ohio

The four updated data sets presented here are: 1) oil, gas, and wastewater production, 2) surface and groundwater withdrawal rates for the fracking industry, 3) freshwater usage by individual Ohio fracked wells, and 3) wastewater disposal well (also referred to as Class II injection wells) rates.

Below are the most important developments from these data updates as it pertains to intensification and what we can expect to see in the future, with or without the ethane cracker plants being trumpeted throughout Appalachia.

From a production standpoint, total oil production has increased by 30%, while natural gas production has increased by 50% year over year between the last time we updated this data and Q2-2019 (Table 1).

According to the data we’ve compiled, the rate of growth for wastewater production has exceeded oil and is nearly equal to natural gas at 48% from 2017 to 2018.  On average the 2,398 fracked wells we have compiled data for are producing 27% more wastewater per well now than they did at the end of 2017.

————–2017————– ————–2019————–
Oil (million barrels) Gas (million Mcf) Brine (million barrels) Oil (million barrels) Gas (million Mcf) Brine (million barrels)
Max 0.51 12.92 0.23 0.62 17.57 0.32
Total 83.14 5,768.47 76.01 108.15 8,679.12 112.28
Mean 0.40 2.79 0.37 0.45 3.62 0.47

Table 1. Summary statistics for 2,398  fracked wells in Ohio from a production perspective from 2017 to Q2 2019.

 

Total fracked gas produced per quarter and average fracked gas produced per well in Ohio from 2013 to Q2-2019.

Figure 1. Total fracked gas produced per quarter and average fracked gas produced per well in Ohio from 2013 to Q2-2019.

The increasing amount of resources and number of wells necessary to achieve marginal increases in oil and gas production is a critical factor to considered when assessing industry viability and other long-term implications. As an example, in Ohio’s Utica Shale, we see that total production is increasing, but as IHS Markit admits, this is only possibly by increasing the total number of producing wells at a faster rate. As is evidenced in Figure 1, somewhere around the Winter of 2017-2018, the production rate per well began to flatline and since then it has begun to decrease.

Water demands for oil and gas production in Ohio

Since last we updated the industry’s water withdrawal rates, the Ohio Department of Natural Resources (ODNR) has begun to report groundwater rates in addition to surface water. The former now account for nine sites in seven counties, but amount to a fraction of reported withdrawals to date (around 00.01% per year in 2017 and 2018). The more disturbing developments with respect to intensification are:

1) Since we last updated this data, 59 new withdrawal sites have come online. There are currently 569 sites in total in ODNR’s database. This amounts to a nearly 12% increase in the total number of sites since 2017. With this additional inventory, the average withdrawal rate across all sites has increased by 13% (Table 2).

2) Since 2010, the demand for freshwater to be used in fracking has increased by 15.6% or 693 million gallons per year (Figure 2).

3) We expect to see an inflection point when water production will increase to accommodate the petrochemical buildout with cracker plants in Dilles Bottom, OH; Beaver County, PA; and elsewhere. In 2018 alone, the oil and gas industry pulled 4.69 billion gallons of water from the Ohio River Valley. Since 2010, the industry has permanently removed 22.96 billion gallons of freshwater from the Ohio River Valley. It would take the entire population of Ohio five years to use the 2018 rate in their homes.[2]

As we and others have mentioned in the past, this trend is largely due to the bargain basement price at which we sell water to the oil and gas sector throughout Appalachia.[3] To increase their nominal production returns, companies construct longer laterals with orders of magnitude more water, sand, and chemicals.  At this rate, the fracking industry’s freshwater demand will have doubled to around 8.8-.9.5 billion gallons per year by around 2023.  Figure 3 demonstrates that average fracked lateral length continues to increase to the tune of +15.7-21.2% (+1,564-2,107 feet) per quarter per lateral. This trend alone is more than 2.5 times the rate of growth in oil production and roughly 24% greater than the rate of growth in natural gas production (See Table 1).

4. The verdict is even more concerning than it was a couple years ago with respect to water demand increasing by 30% per quarter per well or an average of 4.73 million gallons (Figure 4). The last time we did this analysis >1.5 years ago demand was rising by 25% per quarter or 3.84 million gallons. At that point I wouldn’t have guessed that this exponential rate of water demand would have increased but that is exactly what has happened. Very immediate conversations must start taking place in Columbus and at the region’s primary distributor of freshwater, The Muskingum Watershed Conservancy District (MWCD), as to why this is happening and how to push back against the unsustainable trend.

2017 2018
Sites 510 569
Maximum (billion gallons) 1.059 1.661
Sum (billion gallons) 18.267 22.957
Mean (billion gallons) 0.358 0.404

Table 2. Summary of fracking water demands throughout Ohio in 2017 when we last updated this data as well as how those rates changed in 2018.

Hydraulic fracturing freshwater demand in total across 560+ sites in Ohio from 2010 to 2018 (Million Gallons Per Year).

Figure 2. Hydraulic fracturing freshwater demand in total across 560+ sites in Ohio from 2010 to 2018 (million gallons per year).

Average lateral length for all of Ohio’s permitted hydraulically fractured laterals from from Q3-2010 to Q4-2019, along with average rates of growth from a linear and exponential standpoint (Feet).

Figure 3. Average lateral length for all of Ohio’s permitted hydraulically fractured laterals from from Q3-2010 to Q4-2019, along with average rates of growth from a linear and exponential standpoint (feet).

Average Freshwater Demand Per Unconventional Well in Ohio from Q3-2011 to Q3-2019 (Million Gallons).

Figure 4. Average Freshwater Demand Per Unconventional Well in Ohio from Q3-2011 to Q3-2019 (million gallons).

 

Waste Disposal

When it comes to fracking wastewater disposal, the picture is equally disturbing. Average disposal rates across Ohio’s 220+ wastewater disposal wells increased by 12.1% between Q3-2018 and Q3-2019 (Table 3). Interestingly, this change nearly identically mirrors the change in water withdrawals during the same period. What goes down– freshwater – eventually comes back up.

Across all of Ohio’s wastewater disposal wells, total volumes increased by nearly 22% between 2018 and the second half of 2019. However, the more disturbing trend is the increasing focus on the top 20 most active wastewater disposal wells, which saw  an annual increase of 17-18%. These wells account for nearly 50% of all waste and the concern here is that many of the pending wastewater disposal well permits are located on these sites, within close proximity, and/or are proposed by the same operators that operate the top 20.

When we plot cumulative and average disposal rates per well, we see a continued exponential increase. If we look back at the last time, we conducted this analysis, the only positive we see in the data is that at that time, average rates of disposal per well were set to double by the Fall of 2020. However, that trend has tapered off slightly — rates are now set to double by 2022.

Each wastewater disposal well is seeing demand for its services increase by 2.42 to 2.94 million gallons of wastewater per quarter (Figure 5). Put another way, Ohio’s wastewater disposal wells are rapidly approaching their capacity, if they haven’t already.  Hence why the oil and gas industry has been frantically submitting proposals for additional waste disposal wells. If these wells materialize, it means that Ohio will continue to be relied on as the primary waste receptacle for the fracking industry throughout Appalachia.

Variable ——————-All Wells——————- ——————-Top 20——————-
To Q3-2018 To Q3-2019 % Change To Q3-2018 To Q3-2019 % Change
Number of Wells 223 243 +9.0 ——- ——- ——-
Max (MMbbl) 1.12 1.20 +7.1 ——- ——- ——-
Sum (MMbbl) 203.19 247.05 +21.6 101.43 119.31 +17.6
Average (MMbbl) 0.91 1.02 +12.1 5.07 5.97 +17.8

Table 3. Summary Statistics for Ohio’s Wastewater Disposal Wells (millions of barrels (MMbbl)).

Average Fracking Waste Disposal across all of Ohio’s Class II Injection Wells and the cumulative amount of fracking waste disposed of in these wells from Q3-2010 to Q2-2019 (Million Barrels).

Figure 5. Average Fracking Waste Disposal across all of Ohio’s Wastewater Disposal Wells and the cumulative amount of fracking waste disposed of in these wells from Q3-2010 to Q2-2019 (million barrels).

Using the Pennsylvania natural gas data merged with the Ohio wastewater data, we were able to put a finer point on how much wastewater would be produced with a 100,000 barrel ethane cracker like the one PTT Global Chemical has proposed for Dilles Bottom, Ohio. The following are our best estimate calculations assuming 1 barrel of condensate is 20-40% ethane. These calculations required that we take some liberties with the merge of the ratio of gas to wastewater in Ohio with the ratio of gas to condensate in Pennsylvania:

  1. For 2,064 producing Ohio fracked wells, the ratio of gas to wastewater is 64.76 thousand cubic feet (Mcf) of gas produced per barrel of wastewater.
  2. Assuming 40% ethane, the ratio of gas to condensate in Washington County, PA wells for the first half of 2019 was 320.08 Mcf of gas per barrel of ethane condensate. For 100,000 barrels of ethane needed per cracker per day, that would result in 494,285 barrels (20.76 million gallons) of brine per day.
  3. Assuming 20% ethane, the ratio of gas to condensate in Washington County, PA wells for the first half of 2019 was 640.15 Mcf per barrel of ethane condensate = For 100,000 barrels of ethane needed per cracker per day that would result in 988,571 barrels/41.52 million gallons of wastewater per day.

But wait, here is the real stunner:

  1. The 40% assumption result is 3.81 times the daily rates of wastewater taken in by our current inventory of wastewater disposal wells and 5.37 times the daily rates of brine taken in by the top 20 wells (Note: the top 20 wastewater disposal wells account for 71% of all wastewater  waste taken in by all of the state’s disposal wells).
  2. The 20% assumption result is 7.62 times the daily rates of wastewater taken in by our current inventory of wastewater disposal wells and 10.74 times the daily rates of wastewater taken in by the top 20 wells.

Therefore, we estimate the fracked wells supplying the proposed PTTGC ethane cracker will generate between 20.76 million and 41.52 million gallons of wastewater per day. That is 3.8 to 7.6 times the amount of wastewater currently received by Ohio’s wastewater disposal wells.

What does this means in terms of truck traffic? We can assume that  at least 80% of the trucks that transport wastewater are the short/baby bottle trucks which haul 110 barrels per trip. This means that our wastewater estimates would require between 4,493 and 8,987 truck trips per day, respectively. The pressures this amount of traffic will put on Appalachian roads and communities will be hard to measure and given the current state of state and federal politics and/or oversight it will be even harder to measure the impact inevitable spills and accidents will have on the region’s waterways.

Conclusion

There is no reason to believe these trends will not persist and become more intractable as the industry increasingly leans on cheap waste disposal and water as a crutch. The fracking industry will continue to present shareholders with the illusion of a robust business model, even in the face of rapid resource depletion and precipitous production declines on a per well basis.

I am going to go out on a limb and guess that unless we more holistically price our water resources and the ways in which we dispose of the industry’s radioactive waste, there will be no other supply-side signal that we could send that would cause the oil and gas industry to change its ways. Until we reach that point, we will continue to compile data sets like the ones described above and included in the map below, because as Supreme Court Justice Louis Brandeis once said, “Sunlight is the best disinfectant!”

By Ted Auch, Great Lakes Program Coordinator, FracTracker Alliance with invaluable data compilation assistance from Gary Allison

[1] Colin Woodward’s “American Character: A history of the epic struggle between individual liberty and the common good” is a must read on the topic of resource utilization and expropriation.

[2] https://pubs.er.usgs.gov/publication/cir1441

[3] In Ohio the major purveyor of water for the fracking industry is the Muskingum Watershed Conservancy District (MCWD) and as we’ve pointed out in the past they sell water for roughly $4.50 to $6.50 per thousand gallons. Meanwhile across The Ohio River the average price of water for fracking industry in West Virginia in the nine primary counties where fracking occurs is roughly $8.38 per thousand gallons.

Data Downloads

Quarterly oil, gas, brine, and days in production for 2,390+ Unconventional Utica/Point Pleasant Wells in Ohio from 2010 to Q2-2019

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/12/Production_To_Q2_2019_WithExcel.zip

Ohio Hydraulic Fracturing Freshwater and Groundwater Withdrawals from 2010 to 2018

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/12/OH_WaterWithdrawals_2010_2018_WithExcel.zip

Lateral length (Feet) for 3,200+ Fracked Utica/Point Pleasant Wells in Ohio up to and including wells permitted in December, 2019

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/01/OH_Utica_December_2019_StatePlane_Laterals.zip

Freshwater Use for 2,700+ Unconventional Wells in Ohio from Q3-2011 to Q3-2019

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/12/OH_FracFocus_December_2019_WithExcel.zip

Quarterly Volume Disposal (Barrels) for 220+ Ohio Class II Salt Water Disposal Wells from 2010 to Q4-2019

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/12/OH_ClassII_Loc_Vols_10_Q4_2019_WithExcel.zi

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Fracking Threatens Ohio’s Captina Creek Watershed

FracTracker’s Great Lakes Program Coordinator Ted Auch explores the risks and damages brought on by fracking in Ohio’s Captina Creek Watershed

 

Scroll down or click here to view the story map full screen

The Captina Creek Watershed straddles the counties of Belmont and Monroe in Southeastern Ohio and feeds into the Ohio River. It is the highest quality watershed in all of Ohio and a great examples of what the Ohio River Valley’s tributaries once looked, smelled, and sounded like. Sadly, today it is caught in the cross-hairs of the oil and gas industry by way of drilling, massive amounts of water demands, pipeline construction, and fracking waste production, transport, and disposal. The images and footage presented in the story map below are testament to the risks and damage inherent to fracking in the Captina Creek watershed and to this industry at large. Data included herein includes gas gathering and interstate transmission pipelines like the Rover, NEXUS, and Utopia (Figure 1), along with Class II wastewater injection wells, compressor stations, unconventional laterals, and freshwater withdrawal sites and volumes.

Ohio Rover NEXUS Pipelines map

The image at the top of the page captures my motivation for taking a deeper dive into this watershed. Having spent 13+ years living in Vermont and hiking throughout The Green and Adirondack Mountains, I fell in love with the two most prominent tree species in this photo: Yellow Birch (Betula alleghaniensis) and Northern Hemlock (Tsuga candadensis). This feeling of being at home was reason enough to be thankful for Captina Creek in my eyes. Seeing this region under pressure from the oil and gas industry really hit me in my botanical soul. We remain positive with regards to the area’s future, but protective action against fracking in the Captina Creek Watershed is needed immediately!

Fracking in the Captina Creek Watershed: A Story Map

Go to the story map fullscreen for a better viewing experience

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Want Not, Waste Not? Fossil Fuel Extraction’s Waste Disposal Challenges

Pennsylvania’s fracking industry is producing record amounts of toxic waste — where does it all go?

Drilling for methane and other fossil fuels is an energy-intensive process with many associated environmental costs. In addition to the gas that is produced through high volume hydraulic fracturing (“unconventional drilling,” or “fracking”), the process generates a great deal of waste at the drill site. These waste products may include several dozen tons of drill cutting at every well that is directionally drilled, in addition to liner materials, contaminated soil, fracking fluid, and other substances that must be removed from the site.

In 2018, Pennsylvania’s oil and gas industry (including both unconventional and conventional wells) produced over 2.9 billion gallons (nearly 69 million barrels) of liquid waste, and 1,442,465 tons of solid waste. In this article, we take a look at where this waste (and its toxic components) end up and how waste values have changed in recent years. We also explore how New York State, despite its reputation for being anti-fracking, isn’t exempt from the toxic legacy of this industry.

Waste that comes back to haunt us

According to a study by Physicians, Scientists and Engineers, over 80% of all waste from oil and gas drilling stays within the state of Pennsylvania. But once drilling wastes are sent to landfills, is that the end of them? Absolutely not!

Drilling waste also gets into the environment through secondary means. According to a recent report by investigative journalists at Public Herald, on average, 800,000 tons of fracking waste from Pennsylvania is sent to Pennsylvania landfills. When this waste is sent to landfills, radioactivity and other chemicals can percolate through the landfill, and are collected as leachate, which is then shipped to treatment plants.

Public Herald documented how fourteen sewage treatment plants in Pennsylvania have been permitted by Pennsylvania’s Department of Environmental Protection (PA DEP) to process and discharge radioactive wastes into more than a dozen Pennsylvania waterways.

Public Herald’s article includes an in-depth analysis of the issue. Their work is supported by a map of the discharge sites, created by FracTracker.

Trends over time

Pennsylvania Department of Environmental Protection maintains a rich database of oil and gas waste and production records associated with their Oil and Gas Reporting Website. The changes in waste disposal from Pennsylvania’s unconventional drilling reveal a number of interesting stories.

Let’s look first at overall unconventional drilling waste.

According to data from the federal Energy Information Administration, gas production in Pennsylvania began a steep increase around 2010, with the implementation of high volume hydraulic fracturing in the Marcellus Shale (see Figure 1). The long lateral drilling techniques allowed industry to exploit exponentially more of the tight shale via single well than was ever before possible with conventional, vertical drilling.

Figure 1. Data summary from FracTracker.org, based on EIA data.

The more recently an individual well is drilled, the more robust the production. We see an overall increase in gas production over time in Pennsylvania over the past decade. Paradoxically, the actual number of new wells drilled each year in the past 4-5 years are less than half of the number drilled in 2011 (see Figure 2).

Figure 2: Data summary from FracTracker.org, based on PA DEP data

Why is this? The longer laterals —some approaching 3 miles or more—associated with new wells allow for more gas to be extracted per site.

With this uptick in gas production values from the Marcellus and Utica Formations come more waste products, including copious amounts drilling waste, “produced water,” and other byproducts of intensive industrial operations across PA’s Northern Tier and southwestern counties.

Comparing apples and oranges?

When we look at the available gas production data compared with data on waste products from the extraction process, some trends emerge. First of all, it’s readily apparent that waste production does not track directly with gas production in a way one would expect.

Recall that dry gas production has increased annually since 2006 (see Figure 1). However, the reported waste quantities from industry have not followed that same trend.

In the following charts, we’ve split out waste from unconventional drilling by solid waste in tons (Figure 3) and liquid waste, in barrels (Figure 4).

Figure 3: Annual tonnage of solid waste from the unconventional oil and gas industry, organized by the state it is disposed in. Data source: PA DEP, processed by FracTracker Alliance

Figure 4: Annual volume of liquid waste from the unconventional oil and gas development, organized by state it is disposed in. One barrel is equivalent to 42 gallons. Data source: PA DEP, processed by FracTracker Alliance

Note the striking difference in disposal information for solid waste, compared with liquid waste, coming from Pennsylvania.

“Disposal Location Unknown”

Until just the last year, often more than 50% of the known liquid waste generated in PA was disposed of at unknown locations. The PA DEP waste report lists waste quantity and method for these unknown sites, depending on the year: “Reuse without processing at a permitted facility,” “Reuse for hydraulic fracturing,” “Reuse for diagnostic purposes,” “Reuse for drilling or recovery,” “Reuse for enhanced recovery,” and exclusively in more recent years (2014-2016), “Reuse other than road-spreading.”

In 2011, of the 20.5 million barrels of liquid waste generated from unconventional drilling, about 56% was allegedly reused on other drilling sites. However, over 9 million barrels—or 44% of all liquid waste—were not identified with a final destination or disposal method. Identified liquid waste disposal locations included “Centralized treatment plant for recycle,” which received about a third of the non-solid waste products.

In 2012, the quantity of the unaccounted-for fracking fluid waste dropped to about 40%. By 2013, the percentage of unaccounted waste coming from fracking fluid dropped to just over 21%, with nearly 75% coming from produced fluid, which is briny, but containing fewer “proprietary”—typically undisclosed—chemicals.

By 2017, accounting had tightened up further. PA DEP data show that 99% of all waste delivered to undisclosed locations was produced fluid shipped to locations outside of Pennsylvania. By 2018, all waste disposal was fully accounted for, according to DEP’s records.

In looking more closely at the data, we see that:

  1. Prior to 2018, well drillers did not consistently report the locations at which produced water was disposed of or reused. Between 2012 and 2016, a greater volume of unconventional liquid waste went unaccounted for than was listed for disposal in all other locations, combined.
  2. In Ohio, injection wells, where liquid waste is injected into underground porous rock formations, accounted for the majority of the increase in waste accepted there: 2.9 million barrels in 2017, and 5.7 million barrels in 2018 (a jump of 97%).
  3. West Virginia’s acceptance of liquid waste increased  significantly in 2018 over 2017 levels, a jump of over a million barrels, up from only 55,000. This was almost entirely due to unreported reuse at well pads.
  4. In 2018, reporting, in general, appears to be more thorough than it was in previous years. For example, in 2017, nearly 692,000 barrels of waste were reused at well pads outside PA, but those locations were not disclosed. Almost 7000 more barrels were also disposed of at unknown locations. In 2018, there were no such ambiguities.

A closer look at Pennsylvania’s fracking waste shipped to New York State

Despite a reputation for being resistant to the fracking industry, for most of this decade, the state of New York has been accepting considerable amounts of fracking waste from Pennsylvania. The greatest percentage shipped to New York State is in the form of drilling waste solids that go to a variety of landfills throughout Central and Western New York.

Looking closely at the bar charts above, it’s easy to notice that the biggest recipients of Pennsylvania’s unconventional liquid drilling waste are Pennsylvania itself, Ohio, as well as a significant quantity of unaccounted-for barrels between 2011 and 2016 (“Disposal location unknown”). The data for disposal of solid waste in New York tells a different story, however. In this case, Pennsylvania, Ohio, and New York State all play a role. We’ll take a look specifically at the story of New York, and illustrate the data in the interactive map that follows.

In this map, source locations in Pennsylvania are symbolized with the same color marker as the facility in New York that received the waste from the originating well pad. In the “Full Screen” view, use the “Layers” drop down menu to turn on and off data from separate years.

View map full screenHow FracTracker maps work

Solid waste transported to New York State

From the early days of unconventional drilling in Pennsylvania, New York State’s landfills provided convenient disposal sites due to their proximity to the unconventional drilling occurring in Pennsylvania’s Northern tier of counties. Pennsylvania and Ohio took the majority of solid wastes from unconventional drilling waste from Pennsylvania. New York State, particularly between 2011-2015, was impacted far more heavily than all other states, combined (Figure 5, below).

Figure 5: Known disposal locations (excluding PA and OH) of Pennsylvania’s solid waste. Data source: PA DEP, processed by FracTracker Alliance

Here’s the breakdown of locations in New York to where waste was sent. Solid waste disposal into New York’s landfills also dropped by half, following the state’s ban on unconventional drilling in 2014. Most of the waste after 2012 went to the Chemung County Landfill in Lowman, New York, 10 miles southeast of Elmira.

Figure 6: Solid waste from unconventional drilling, sent to facilities in NYS. Data source: PA DEP, processed by FracTracker Alliance

Is waste immobilized once it’s landfilled?

The fate of New York State’s landfill leachate that originates from unconventional drilling waste is a core concern, since landfill waste is not inert. If drilling waste contains radioactivity, fracking chemicals, and heavy metals that percolate through the landfill, and the resulting leachate is sent to municipal wastewater treatment plants, will traditional water treatment methods remove those wastes? If not, what will be the impact on public and environmental health in the water body that receives the “treated” wastewater? In Pennsylvania, for example, a case is currently under investigation relating to pollution discharges into the Monongahela River near Pittsburgh. “That water was contaminated with diesel fuels, it’s alleged, carcinogens and other pollutants,” said Rich Bower, Fayette County District Attorney.

Currently, a controversial expansion of the Hakes Landfill in Painted Post, New York is in the news. Sierra Club and others were concerned about oversight of radium and radon in the landfill’s leachate and air emissions, presumably stemming from years of receiving drill cuttings. The leachate from the landfill is sent to the Bath Wastewater Treatment plant, which is not equipped to remove radioactivity. “Treated” wastewater from the plant is then discharged into the Cohocton River, a tributary of the Chesapeake Bay. In April 2019, these environmental groups filed a law suit against Hakes C&D Landfill and the Town of Campbell, New York, in an effort to block the expansion.

Similar levels of radioactivity in leachate have also been noted in leachate produced at the Chemung County Landfill, according to Gary McCaslin, President of People for a Healthy Environment, Inc.

In recent years, much of the solid unconventional waste arriving in New York State has gone to the Chemung County Landfill (see Figure 6, above). Over the course of several years, this site requested permission to expand significantly from 180,000 tons per year to 417,000 tons per year. However, by 2016, the expansion was deemed unnecessary, and according, the plans were put on hold, in part “…because of a decline in the amount of waste being generated due to a slower economy and more recycling than when the expansion was first planned years ago.” The data in Figure 5 above also parallel this story, with unconventional drilling waste disposed in New York State dropping from over 200,000 tons in 2011 to just over 20,000 tons in 2018.

Liquid waste transported to New York State

The story about liquid unconventional drilling waste exported from Pennsylvania to states other than Ohio is not completely clear (see Figure 7, below). Note that the data indicate more than a 2000% increase in waste liquids going from Pennsylvania to West Virginia after 2017. While it has not been officially documented, FracTracker has been anecdotally informed that a great deal of waste was already going to West Virginia, but that the record-keeping prior to 2018 was simply not strongly enforced.

Figure 7: Known disposal locations (excluding Pennsylvania and Ohio) of Pennsylvania’s liquid waste. Data source: PA DEP, processed by FracTracker Alliance

Beginning in the very early years of the Pennsylvania unconventional fracking boom, a variety of landfills in New York State have also accepted liquid wastes originating in Pennsylvania, including produced water and flowback fluids (see Figure 8, below).

Figure 8: Liquid waste from unconventional drilling, sent to facilities in New York State. Data source: PA DEP, processed by FracTracker Alliance

In addition, while this information doesn’t even appear in the PA DEP records (which are publicly available back to 2010), numerous wastewater treatment plants did accept some quantity, despite being fully unequipped to process the highly saline waste before it was discharged back into the environment.

One such facility was the wastewater treatment plant in Cayuga Heights, Tompkins County, which accepted more than 3 million gallons in 2008. Another was the wastewater treatment plant in Auburn, Cayuga County, where the practice of accepting drilling wastewater was initially banned in July 2011, but the decision was reversed in March 2012 to accept vertical drilling waste, despite strong public dissent. Another wastewater treatment plant in Watertown, Jefferson County, accepted 35,000 gallons in 2009.

Fortunately, most New York State wastewater treatment plant operators were wise enough to not even consider adding a brew of unknown and/or proprietary chemicals to their wastewater treatment stream. Numerous municipalities and several counties banned fracking waste, and once the ban on fracking in New York State was instituted in 2014, nearly all importation of liquid unconventional drilling waste into the state ceased.

Nevertheless, conventional, or vertical well drilling also generates briny produced water, which the New York State Department of Environmental Conservation (DEC) permits communities in New York to accept for ice and dust control on largely rural roads. These so-called “beneficial use determinations” (BUDs) of liquid drilling waste have changed significantly over the past several years. During the height of the Marcellus drilling in around 2011, all sorts of liquid waste was permitted into New York State (see FracTracker’s map of affected areas) and was spread on roads. As a result, the chemicals—many of them proprietary, of unknown constituents, or radioactive—were indirectly discharged into surface waters via roadspreading.

Overall, in the years after the ban in 2014 on high volume hydraulic fracturing was implemented, restrictions on Marcellus waste coming into New York have strengthened. Very little liquid waste entered New York’s landfills after 2013, and what did come in was sent to a holding facility owned by Environmental Services of Vermont. This facility is located outside Syracuse, New York.

New York State says “no” to this toxic legacy

Fortunately, not long after these issues of fracking fluid disposal at wastewater treatment facilities in New York State came to light, the practice was terminated on a local level. The 2014 ban on fracking in New York State officially prevented the disposal of Marcellus fluids in municipal wastewater treatment facilities and required extra permits if it were to be road-spread.

In New York State, the State Senate—after 8 years of deadlock—in early May 2019, passed key legislation that would close a loophole that had previously allowed dangerous oil and gas waste to bypass hazardous waste regulation. Read the press release from Senator Rachel May’s office here. However, despite strong support from both the Senate, and the Assembly, as well as many key environmental groups, the Legislature adjourned for the 2019 session without bringing the law to a final vote. Said Elizabeth Moran, of the New York Public Interest Research Group (NYPIRG), “I want to believe it was primarily a question of timing… Sadly, a dangerous practice is now going to continue for at least another year.”

 

See Earthworks’ recent three part in-depth reporting on national, New York, and Pennsylvania oil and gas waste, with mapping support by FracTracker Alliance.

All part of the big picture

As long as hydrocarbon extraction continues, the issues of waste disposal—in addition to carbon increases in the atmosphere from combustion and leakage—will result in impacts on human and environmental health. Communities downstream and downwind will bear the brunt of landfill expansions, water contamination, and air pollution. Impacts of climate chaos will be felt globally, with the greatest impacts at low latitudes and in the Arctic.

Transitioning to net-zero carbon emissions cannot be a gradual endeavor. Science has shown that in order to stay under the 1.5 °C warming targets, it must happen now, and it requires the governmental buy-in to the Paris Climate Agreement by every economic power in the world.

No exceptions. Life on our planet requires it.

We have, at most, 12 years to make a difference for generations to come.

By Karen Edelstein, Eastern Program Coordinator, FracTracker Alliance

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The Underlying Politics and Unconventional Well Fundamentals of an Appalachian Storage Hub

FracTracker is closely mapping and following the petrochemical build-out in Appalachia, as the oil and gas industry invests in petrochemical manufacturing. Much of the national attention on the build-out revolves around the Appalachian Storage Hub (ASH), a venture spearheaded by Appalachian Development Group.

The ASH involves a network of infrastructure to store and transport natural gas liquids and finds support across the political spectrum. Elected officials are collaborating with the private sector and foreign investors to further development of the ASH, citing benefits such as national security, increased revenue, job creation, and energy independence.

Left out of the discussion are the increased environmental and public health burdens the ASH would place on the region, and the fact that natural gas liquids are the feedstock of products such as plastic and resins, not energy.

The “Shale Revolution”

the allegheny plateau

The Allegheny Plateau. Wikipedia

The “Shale Revolution” brought on by high-volume hydraulic fracturing (fracking) in this region encompasses thousands of wells drilled into the Marcellus and Utica-Point Pleasant shale plays across much of the Allegheny Plateau. This area spans from north of Scranton-Wilkes Barre, Pennsylvania, just outside the Catskills Mountains to the East in Susquehanna County, Pennsylvania, and down to the West Virginia counties of Logan, Boone, and Lincoln.  The westernmost extent of the fracking experiment in the Marcellus and Utica shale plays is in Noble and Guernsey Counties in Ohio.

Along the way, producing wells have exhibited steeper and steeper declines during the first five years of production, leading the industry to develop what they refer to as “super laterals.” These laterals (the horizontal portion of a well) exceed 3 miles in length and require in excess of 15 million gallons of freshwater and 15,000 tons of silica sand (aka, “proppant”)[1].

The resource-intense super laterals are one way the industry is dealing with growing pressure from investors, lenders, the media, state governments, and the public to reduce supply costs and turn a profit, while also maintaining production. (Note: unfortunately these sources of pressures are listed from most to least concerning to industry itself!)

Another way the fracking industry is hoping to make a profit is by investing in the region’s natural gas liquids (NGLs), such as ethane, propane, and butane, to support the petrochemical industry.

The Appalachian Storage Hub

Continued oil and gas development are part of a nascent effort to establish a mega-infrastructure petrochemical complex,  the Appalachian Storage Hub (ASH). For those that aren’t familiar with the ASH it could be framed as the fracking industry’s last best attempt to lock in their necessity across Appalachia and nationwide. The ASH was defined in the West Virginia Executive as a way to revitalize the Mountain State and would consist of the following:

“a proposed underground storage facility that would be used to store and transport natural gas liquids (NGLs) extracted from the Marcellus, Utica and Rogersville shales across Kentucky, Ohio, Pennsylvania and West Virginia. Construction of this hub would not only lead to revenue and job creation in the natural gas industry but would also further enable manufacturing companies to come to the Mountain State, as the petrochemicals produced by shale are necessary materials in most manufacturing supply chains…[with] the raw materials available in the region’s Marcellus Shale alone…estimated to be worth more than $2 trillion, and an estimated 20 percent of this shale is composed largely of ethane, propane and butane NGLs that can be utilized by the petrochemical industry in the manufacturing of consumer goods.”

This is yet another example of fracking rhetoric that appeals to American’s sense of patriotism and need for cheaper consumer goods (in this case, plastics), given that they are seeing little to no growth in wages.

While a specific location for underground storage has not been announced, the infrastructure associated with the ASH (such as pipelines, compressor stations, and processing stations) would stretch from outside Pittsburgh down to Catlettsburg, Kentucky, with the latter currently the home of a sizeable Marathon Oil refinery. The ASH “would act like an interstate highway, with on-ramps and off-ramps feeding manufacturing hubs along its length and drawing from the available ethane storage fields. The piping would sit above-ground and follow the Ohio and Kanawha river valley.”

The politics of the ASH – from Columbus and Charleston to Washington DC

Elected officials across the quad-state region are supporting this effort invoking, not surprisingly, its importance for national security and energy independence.

State-level support

West Virginia Senator Joe Manchin (D) went so far as to introduce “Senate Bill 1064 – Appalachian Energy for National Security Act.”  This bill would require Secretary of Energy Rick Perry and his staff to “to conduct a study on the national security implications of building ethane and other natural-gas-liquids-related petrochemical infrastructure in the United States, and for other purposes.”

Interestingly, the West Virginia Senator told the West Virginia Roundtable Inc’s membership meeting that the study would not examine the “national security implications” but rather the “additional security benefits” of an Appalachian Storage Hub and cited the following to pave the way for the national security study he is proposing: “the shale resource endowment of the Appalachian Basin is so bountiful that, if the Appalachian Basin were an independent country, the Appalachian Basin would be the third largest producer of natural gas in the world.”

Senator Manchin is not the only politician of either party to unabashedly holler from the Appalachian Mountaintops the benefits of the ASH. Former Ohio Governor, and 2016 POTUS primary participant, John Kasich (R) has been a fervent supporter of such a regional planning scheme. He is particularly outspoken in favor of the joint proposal by Thailand-based PTT Global Chemical and Daelim to build an ethane cracker in Dilles Bottom, Ohio, across the Ohio River from Moundsville, West Virginia. The ethane cracker would convert the region’s fracked ethane into ethylene to make polyethylene plastic. This proposed project could be connected to the underground storage component of the ASH.

The Democratic Pennsylvania Governor Tom Wolf has consistently advocated for the project, going so far as to sign “an unprecedented agreement at the Tri-State Shale Summit, promising collaboration between the states in securing crackers for the region and, by extension, support of the storage hub.”

Dilles Bottom, OH ethane cracker site. Photo by Ted Auch, aerial assistance provided by LightHawk.

Not to be outdone in the ASH cheerleading department, West Virginia Governor Jim Justice (R), who can’t seem to find any common ground with Democrats in general nor Senator Manchin specifically, is collaborating with quad-state governors on the benefits of the ASH. All the while, these players ignore or dismiss the environmental, social, and economic costs of such an “all in” bet on petrochemicals and plastics.

Even the region’s land-grant universities have gotten in on the act, with West Virginia University’s Appalachian Oil and Natural Gas Research Consortium and Energy Institute leading the way. WVU’s Energy Institute Director Brian Anderson pointed out that, “Appalachia is poised for a renaissance of the petrochemical industry due to the availability of natural gas liquids. A critical path for this rebirth is through the development of infrastructure to support the industry. The Appalachian Storage Hub study is a first step for realizing that necessary infrastructure.”

National-level support

The Trump administration, with the assistance of Senator Manchin’s “Senate Bill 1337 – Capitalizing on American Storage Potential Act”, has managed to stretch the definition of the Department of Energy’s Title XVII loan guarantee to earmark $1.9 billion for the Appalachian Development Group, LLC (ADG) to develop the ASH, even though any project that receives such a loan must:

  1. utilize a new or significantly improved technology;
  2. avoid, reduce or sequester greenhouse gases;
  3. be located in the United States; and,
  4. have a reasonable prospect of repayment.

This type of Public-Private Investment Program  is central planning at its finest, in spite of the likelihood that the prospects of the ASH meeting the second and fourth conditions above are dubious at best (even if the project utilizes carbon capture and storage technologies).

Public-Private Investment Programs have a dubious past. In her book “Water Wars,” Vandana Shiva discusses the role of these programs globally and the involvement of institutions like the World Bank and International Monetary Fund:

“public-private partnerships”…implies public participation, democracy, and accountability.  But it disguises the fact that the public-private partnership arrangements usually entail public funds being available for the privatization of public goods…[and] have mushroomed under the guise of attracting private capital and curbing public-sector employment.”

In response to the Department of Energy’s Title XVII largesse, Congresswoman Pramila Jayapal and Ilhan Omar introduced Amendment 105 in Rule II on HR 2740. According to Food and Water Watch, this amendment would restrict “the types of projects the Department of Energy could financially back. It would block the funding for ALL projects that wouldn’t mitigate climate change.”

On Wednesday, June 19th Congress voted 233-200 along party lines to pass the amendment, preventing funds from the Energy Policy Act of 2005  to be provided to any “project that does not avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases”.

International interest

The only condition of Department of Energy’s Title XVII loan program ASH is guaranteed to meet is the third (be located in the United States), but as we’ve already mentioned, the level of foreign money involved complicates the domestic facade.

Foreign involvement in the ASH lends credence to Senator Manchin’s and others’ concerns about where profits from the ASH will go, and who will be reaping the benefits of cheap natural gas. The fact that the ASH is being heavily backed by foreign money is the reason Senator Manchin raised an issue with the outsized role of state actors like Saudi Arabia and China as well as likely state-backed private investments like PTT Global Chemical’s. The Senator even cited how a potential $83.7 billion investment in West Virginia from China’s state-owned energy company, China Energy, would compromise “domestic manufacturing and national security opportunities.”

“Critical” infrastructure

With all of the discussion and legislation focused on energy and national security, many don’t realize the output of the ASH would be the production of petroleum-based products: mainly plastic, but also fertilizers, paints, resins, and other chemical products.

Not coincidentally, Republican Ohio State Representatives George Lang and Don Jones just introduced House Bill 242, and attempt to support the plastic industry by “prohibit[ing] the imposition of a tax or fee on [auxiliary or plastic] containers, and to apply existing anti-littering law to those containers.”

There will most certainly be a battle in the courts between the state and urban counties like Cuyahoga County, Ohio, who’s council just voted to ban plastic bags countywide on May 28.

Bills like this and the not unrelated “critical infrastructure” bills being shopped around by the American Legislative Exchange Council will amplify the rural vs urban and local vs state oversight divisions running rampant throughout the United States.  The reason for this is that yet another natural resource boom/bust will be foisted on Central Appalachia to fuel urban growth and, in this instance, the growth and prosperity of foreign states like China.

Instead of working night and day to advocate for Appalachia and Americans more broadly, we have legislation in statehouses around the country that would make it harder to demonstrate or voice concerns about proposals associated with the ASH and similar regional planning projects stretching down into the Gulf of Mexico.

Producing wells mapped

Impacts from the ASH and associated ethane cracker proposals will include but are not limited to: an increase in the permitting of natural gas wells, an increase in associated gas gathering pipelines across the Allegheny Plateau, and an exponential increase in the production of plastics, all of which are harmful to the region’s environment and the planet.

The production of the region’s fracked wells will determine the long-term viability of the ASH. From our reading of things, the permitting trend we see in Ohio will have to hit another exponential inflection point to “feed the beast” as it were. Figure 1 shows an overall decline in the number of wells drilled monthly in Ohio.

Figure 2, below it, shows the relationship between the number of wells that are permitted verse those that are actually drilled.

Figures 1. Monthly (in blue) and cumulative (in orange) unconventional oil and gas wells drilled in Ohio, January, 2013 to November, 2018

 

 Figure 2. Permitted Vs Drilled Wells in Ohio, January, 2013 to November, 2018

That supply-demand on steroids interaction will likely result in an increased reliance on “super laterals” by the high-volume hydraulic fracturing industry. These laterals require 5-8 times more water, chemicals, and proppant than unconventional laterals did between 2010 and 2012.

Given this, we felt it critical to map not just the environmental impacts of this model of fracking but also the nuts and bolts of production over time. The map below shows the supply-demand links between the fracking industry and the ASH, not as discrete pieces or groupings of infrastructure, but rather a continuum of up and downstream patterns.

The current iteration of the map shows production values for oil, natural gas, and natural gas liquids, how production for any given well changes over time, and production declines in newer wells relative to those that were fracked at the outset of the region’s “Shale Revolution.” Working with volunteer Gary Allison, we have compiled and mapped monthly (Pennsylvania and West Virginia) and quarterly (Ohio)[2] natural gas, condensate, and natural gas liquids from 2002 to 2018.

This map includes 15,682 producing wells in Pennsylvania, 3,689 in West Virginia, and 2,064 in Ohio. We’ve also included and will be updating petrochemical projects associated with the ASH, either existing or proposed, across the quad-states including the proposed ethane cracker in Dilles Bottom, Ohio and the ethane cracker under construction in Beaver County, Pennsylvania, along with two rumored projects in West Virginia.


View Map Full Screen

Conclusion

We will continue to update this map on a quarterly basis, will be adding Kentucky data in the coming months, and will be sure to update rumored/proposed petrochemical infrastructure as they cross our radar. However, we can’t be everywhere at once so if anyone reading this hears of legitimate rumors or conversations taking place at the county or township level that cite tapping into the ASH’s infrastructural network, please be sure to contact us directly at info@fractracker.org.

By Ted Auch, Great Lakes Program Coordinator, FracTracker Alliance with invaluable data compilation assistance from Gary Allison

Feature Photo: Ethane cracker plant under construction in Beaver County, PA. Photo by Ted Auch, aerial assistance provided by LightHawk.

[1] For a detailed analysis of the HVHF’s increasing resource demand and how lateral length has increased in the last decade the reader is referred to our analysis titled “A Disturbing Tale of Diminishing Returns in Ohio” Figures 12 and 13.

[2] Note: For those Bluegrass State residents or interested parties, Kentucky data is on its way!

Pages

Ohio Secret Fracking Chemicals Report

Ohio’s Secret Fracking Chemicals

Ohio’s Secret Fracking Chemicals

Records Show Widespread Use of Secret Fracking Chemicals Poses Risks to Water Supplies, Health in the Buckeye State

Photo from the U.S. Environmental Protection Agency showing a fire on June 28-29, 2014 at the Eisenbarth Well operated by Statoil in Monroe County, Ohio. The photographer is not listed.[i]

Ohio’s Secret Fracking Chemicals:

Records Show Widespread Use of Secret Fracking Chemicals Poses Risks to Water Supplies, Health in the Buckeye State

A Research Report by Dusty Horwitt, J.D.
Partnership for Policy Integrity
September 16, 2019

This report, by Partnership for Policy Integrity, with mapping and data analysis by FracTracker Alliance, shows that Ohioans may be unknowingly exposed to toxic secret drilling and fracking chemicals through multiple pathways including leaks, spills, air emissions and underground migration at oil and gas production wells.

Evidence compiled by the U.S. Environmental Protection Agency (EPA) including data released in response to a Freedom of Information Act request indicate that these chemicals could have serious health effects including blood toxicity, developmental toxicity, liver toxicity and neurotoxicity.


Take Action

Click on this link to jump to the Call to Action section of this page

On this page, you can read the report, use the interactive map to locate oil and gas wells fracked with secret chemicals, and write a letter of concern to first responders in your Ohio county.




1400

Number of Ohio oil and gas wells that have been injected with secret chemicals (2013 – 2018)

11000

Number of times secret fracking chemicals have been injected into Ohio wells (2013 – 2018)

13000000

average number of gallons used to frack a single well (2018)

70000

fish died after tens of thousands of gallons of chemicals spilled into a tributary from a natural gas well in Monroe County (2014)

Take Action

If you are concerned about the findings presented in the Ohio’s Secret Fracking Chemicals report, please consider taking action today. Multiple first responders, and grassroots organizations working on environmental and public health issues in Ohio ask that you complete the form below to send a letter to first responders in your county. If you do not live in Ohio, your letter will be sent to first responders Franklin County, Ohio.

Halt the Harm Network and FracTracker Alliance will send a paper copy of your letter to the appropriate first responder location(s). See below for a map of these locations by Ohio county.

EXAMPLE LETTER

You may compose your own letter or use the example letter below as a guide.

Take Action

If you are concerned about the findings presented in the Ohio’s Secret Fracking Chemicals report, please consider taking action today. Multiple first responders, and grassroots organizations working on environmental and public health issues in Ohio ask that you complete the form below to send a letter to first responders in your county. If you do not live in Ohio, your letter will be sent to first responders in Franklin County, Ohio.

Halt the Harm Network and FracTracker Alliance will send a paper copy of your letter to the appropriate first responder location(s). See below for a map of these locations by Ohio county.

EXAMPLE LETTER

You may compose your own letter or use the example letter below as a guide.

Dear Chief,

Thanks to you and all first responders for your selfless acts of service. I am reaching out because I am concerned that there are dangerous chemicals being used at fracking sites in our county and across the county. Because the identity of many of these chemicals are kept secret, any spills or accidents present a significant risk to you as a first responder as well as to the public.

The report “Ohio’s Secret Fracking Chemicals” provides research about secret fracking chemicals and maps of oil and gas wells where secret fracking chemicals were used. The report’s author also interviewed Silverio Caggiano, Battalion Chief with the Youngstown Fire Department and an original member of the Ohio Hazardous Materials and Weapons of Mass Destruction Technical Advisory Committee. The Chief, the data, and the stories paint a clear picture of Ohio’s exposure to a mix of dangerous chemicals, lack of equipment, lack of training, and inadequate information. This failure by the State and other authorities creates risks for your first responders and all of us in the community.

Please join us in the fight against secret chemicals in our community by calling for the following measures to be put in place:

  • Require full public disclosure of drilling and fracking chemicals in one location where information can be easily searched and sorted (e.g. citizens can locate each well in which toxic chemicals were used).
  • Require disclosure before drilling and fracking occurs.
  • Require that no Class II wells for underground fracking wastewater disposal be permitted in Ohio unless disposal companies report all of the following in their permit requests: A) Average and Maximum Volumes, B) Average and Maximum wellhead pressures, C) Groundwater/water source and rate of withdrawal, D) Egress
  • Require testing of groundwater and well water for a representative number of homes within 2 miles of oil and gas wells and underground injection wells by impartial third parties to guard against migration of toxic chemicals. Data should be collected monthly.
  • Grant communities the power to determine where, and under what conditions, drilling and fracking occur.
  • Demand companies that operate underground fracking wastewater injection wells pay for independent third parties to conduct groundwater monitoring and data collection about health impacts.
  • Require that all haulers transporting fracking wastewater, also known as brine, permitted to operate in Ohio maintain complete manifests for every truck and maintain GPS tracking for all routes into and out of the state as well as across state lines.
  • Require all brine haulers report the number of trucks in operation and how they go about cleaning each truck on a quarterly basis.
  • Require that all brine haulers list where they maintain truck yards in addition to where they are domiciled.
  • Require that all waste landfills in Ohio collect detailed manifest on tonnage of drill cuttings coming into their facilities, source by company and well API, and that all waste be tested for radioactivity level that the level shall not exceed 1-2 picocuries per gram.

You have my full support in requests for this information. It is important to all of us. Please let me know if you have seen the report, reviewed the chemicals, and have appropriate response, training, and equipment in place.

Sincerely,

Letter to Ohio first Responders Re: Secret Fracking Chemicals

Letter to Ohio first Responders Re: Secret Fracking Chemicals

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By signing, you accept Halt the Harm Network’s Terms of Service and agree to receive occasional emails following up on your letter, about Ohio fracking, and related public health campaigns. Your information will never be sold. You can unsubscribe at any time.


Ohio First Responders by County

Click on your county to learn more

Photograph of the Eisenbarth well site is from the U.S. Environmental Protection Agency. The photographer is not listed.[ii]

[i] U.S. Environmental Protection Agency. On Scene Coordinator. Eisenbarth Well Response. Fire Damage on Eisenbarth Well Pad (June 29, 2014). Accessed September 2, 2019 at https://response.epa.gov/site/image_zoom.aspx?site_id=9350&counter=221854&category=.

[ii] U.S. Environmental Protection Agency. On Scene Coordinator. Eisenbarth Well Response. View of Damaged Equipment on Well Pad (June 29, 2014). Accessed September 2, 2019 at https://response.epa.gov/site/image_zoom.aspx?site_id=9350&counter=221847&category=.

Ohio Shale Viewer

Ohio

Ohio Oil & Gas Activity

This page contains information about shale gas drilling and impacts in the state of Ohio. The shale viewer, shown below, is the most requested map. Scroll down for additional maps and articles on drilling activity in Ohio.


The Ohio Oil and Gas map (above) was last updated in June 2018, though some datasets shown on the map may be much older. Click on the image to view the map full screen.


By Partnership for Policy Integrity with mapping and analysis by FracTracker Alliance

Report finds the widespread use of secret fracking chemicals in Ohio poses risks to water supplies and public health. Learn more and take action.

Related Articles


Mapping gathering lines in OH and WV feature

Ohio Oil & Gas Photos

This album contains OH imagery contributed to our site from FracTracker staff and volunteers. Reuse is permitted so long as you cite the photographer if one is listed in the photo’s info section, as well as FracTracker Alliance.


Additional Maps & Data


Our Maps

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FracTracker in the Field: Building a Live Virtual Map

 

August 19, 2020 Update:

The virtual story map is live!


In this special one-day fundraiser event, two intrepid FracTracker teams will build and share a live virtual map as we travel throughout the Ohio River Valley Region documenting oil, gas, and its effects on our health, climate, and environment.

How many sites can we visit in one day? What will we find?

 

 

Loyalsock State Forest Trail

We’ll share our findings to build awareness about the plight of this region—and so many other places victimized by this rogue industry. Plus, viewers will gain a firsthand understanding of how FracTracker turns data into real-world impact.

Proceeds will benefit the ongoing work of FracTracker to decarbonize our economy and promote environmental justice.

 

Whether you are able to contribute financially at this time or not, we hope you’ll join us on this virtual journey. You’ll see regular video updates along the way as we share our progress, and watch as a story map is updated throughout the day.

Join our team of explorers in spirit and pledge your support! We’re excited to share this journey with you.

 

 

Trends in Proposed State Legislation to Weaken Environmental Regulations

As the oil and gas industry feels pressure from former allies and see lending windows from their most loyal banking partners begin to dry up, they will be forced to cut costs elsewhere, and cut corners everywhere. This will come in the form of more industry-friendly regulations on the federal level under the current administration, as well as less stringent oversight at the state level. These trends are explicit manifestations of their desperation and influence.

The state-level laws the oil and gas industries are advocating for can easily fly under the radar. Most people just don’t have the bandwidth to educate themselves on the quiet development of these bills, nor to advocate against them. Much of the public’s attention is understandably focused on the COVID-19 pandemic, mass unemployment, and racial inequality. And, much of the critical attention around oil and gas legislation has correctly focused on the critical infrastructure legislation and related policy proposals we focused on in Part I of this series.

Below, we outline current attempts to weaken environmental regulations in Ohio, North Dakota, and Michigan. It is important to note that this is not an all-inclusive outline, but rather the bills we are aware of through our network of frontline and nonprofit contacts.

Ohio’s House Bill 545

 A bill that would be hazardous to the health of all Ohioans, HB 545, intended to “Establish conditions for sale of brine as a commodity,” was introduced by first-term State Representative Adam Holmes, and second-termer Craig Riedel of Western Ohio. This bill would charge the Ohio Department of Natural Resources’ (ODNR) Division of Oil and Gas Resources Management with establishing “conditions and requirements for the sale of brine from oil or gas operations as a commodity, and to exempt that commodity from requirements otherwise applicable to brine.” What could possibly go wrong? The dangers of potentially highly radioactive fracking waste have been known for years, and were recently detailed in great reporting by Justin Nobel for Rolling Stone. Countless others have spent years crying out against radioactive fracking waste being produced, transported, and disposed of all across the Appalachian regions of Ohio, Pennsylvania, and West Virginia.

So, quite a bit could – and likely would – go horribly wrong if we allow ODNR to put lipstick on this fracking waste pig, as it were. The worst part about this is that Representative Holmes knows, (or at least should know), better, given that he lives in Nashport, roughly two miles south of a very active Class II Salt Water Disposal Well, and just a couple more miles from nearly a dozen more injection wells (Figure 1).

 

Figure 1. Existing and Pending Ohio Class II Salt Water Disposal Injection Wells and Proposed Fracking Waste Docks.Existing and Pending Ohio Class II Salt Water Disposal Injection Wells and Proposed Fracking Waste Docks

 

In Ohio, it isn’t just about legislation. As part of the Division of Oil & Gas Resources Management’s ongoing Five Year Rule Review, a change was made to the Ohio Administrative Code (OAC) that went into effect last October. This change permits a saltwater disposal well owner to submit “on or before the fifteenth day of February of each calendar year … a statement of the volume of brine injected in the well for the immediately preceding calendar year.”

This change from quarterly to annual reporting will have profound implications for what little monitoring citizens are permitted. Clearly, the state has little interest or money to conduct monitoring.

An example of how great the lag could be, and how annual data will essentially be useless for any real-time concerns and/or incidents, the current year’s brine volume data will not be available until February 2021, and even then, the operator will have chances to revise the data. FracTracker has been compiling this data quarterly for years, and we will continue to make data that does exist publicly available.

One has to ask who prompted the demand for this change, and who exactly is on The Oil & Gas Division’s review committee. From the vantage point of most Ohioans concerned about this issue, this reporting change is going in the opposite direction of where a state with primacy over its Class II Wells should be going. When the US EPA has primacy over a state’s wells, as it does in Pennsylvania and Virginia, disposal volumes and pressures are reported annually, but the data are at least broken out monthly. (Note: More on Class II Well primacy and the language that allows states to maintain primacy will come in a future piece.)

As Buckeye Environmental Network Executive Director Teresa Mills and matriarch of the Ohio environmental watchdog community told me, “We have less and less and less information. While Pennsylvania’s website has its problems, it is 150% better than what citizens have access to in Ohio.”

Michigan’s Senate Bill 0431

Michigan’s Senate Bill 0431, introduced by Senate Democrat Adam Hollier in August 2019, was quickly reassigned to the Transportation and Infrastructure Committee in Lansing, after being originally introduced in the Natural Resources Committee. This is just the next step in taking away local control from communities. The language of the bill on Line ten states unapologetically that:

“A local unit of government shall not, by ordinance or otherwise, prevent, prohibit, or deny a permit, approval, or other authorization for the extraction, by mining, of natural resources from any property, by a person with property, possessory, or contractual rights to do so … if … The natural resources are valuable …[and] Very serious consequences would not result from the extraction of the natural resources … For purposes of this section, a consequence is very serious if it substantially exceeds the ordinary impacts of customary mining operations, and poses an actual and unnecessary risk to public health, safety, or welfare that cannot be avoided or ameliorated through the imposition of reasonable controls or conditions on the mining operations.”

If you ask residents of towns like Ludington and South Rockwood, Michigan, what it is like to live next to silica sand mines, they’ll tell you they have very little faith in the recently rebranded Michigan Department of Environment, Great Lakes, and Energy (DEGLE), formerly the Department of Environmental Quality (DEQ). This is the same DEQ that was responsible for the Flint water crisis, in which several of its employees plead no contest to misdemeanors related to their actions during the crisis.

When I called Senator Hollier’s office and asked what the motivation for this bill was, his staffer told me that in their eyes, if a mine proposal were to meet or exceed the rigorous requirements of DEGLE, then they felt it was important that no further hurdles be placed in the proposal’s way moving forward.

Another concern of Michiganders that I have spoken to about this bill, and silica sand mining in general, is this stipulation regarding bonding and reclamation:

“The amount of financial assurance shall be the product of $1,500.00 multiplied by the number of acres disturbed by mining operations, but not yet reclaimed, excluding roadways, plant sites, and open water areas that will remain after completion of reclamation … Reclaiming slopes of the banks of the excavation not exceeding one (1) foot vertical to three (3) feet horizontal, measured from the nearest setback line into any area disturbed by mining operations.”

Most folks believe: A) A bond of $1,500 is way too low, considering all the long-term damage from surface mining; B) The carving out for roadways, plant sites, and open water areas leaves a tremendous amount of any mine’s remaining footprint devoid of any chance of reclamation, and ensures potential environmental and human health hazards in perpetuity, and; C) The one foot rise over three feet run threshold leaves a vast amount of any mine’s footprint extremely unstable.

The general sentiment among Michigan nonprofit organizations is summed up by a note I received from Michigan Environmental Council (MEC) President & CEO Conan Smith, stating:

“I believe this bill is part of an intrigue that we’ve been monitoring as two very rich political donors fight over a proposed gravel mine [in] Metamora Township … one who owns the proposed mine, one who neighbors it and is opposed.

We are, as you might imagine, opposed to this bill. The exemption of local control and [the] presumption that an extractive operation is so necessary as to preempt other local concerns and priorities is in itself sufficiently egregious for us. However, this legislation would also leave the extractive industry almost entirely free of citing regulation, as there is no detailed process at the state level either.

The philosophical challenge we face here, as in many cases, is the tension between private property rights and public health, safety, and welfare. With this bill, the sponsors want a presumption that any activity on private land is reasonable, unless it results in a ‘very serious consequence,’ (a term which has basis in current law that this bill also erases). The new definition of seriousness would essentially be something that is not a normal part of the extractive action. Thus, for example, hundreds of trucks rolling down a dirt road might not be a very serious consequence because that’s just part of normal operations …”

In a sign of how quickly support for legislation shifts, and how elected officials will use crises like COVID-19 to push what Naomi Klein calls “Shock Doctrine,”[1] policy designed to facilitate a frictionless transition to “disaster capitalism,” MEC’s Policy Director Sean Hammond told us on May 21st of this year that, “Without the environmental community or local governments changing their positions, I see it very unlikely that this will move anywhere.” But just nine days later, MEC’s President and CEO emailed a group of those concerned about this bill, saying: “Bad news, friends. We learned yesterday that this bill has sudden new life and may be getting a hearing soon … We could certainly use help to dissuade lawmakers from taking this up.”

But much of the above has come from those at the policy level, living a healthy distance from Michigan’s mines. For the perspective of someone who actually lives next to a mine, I turned to a close friend and hero of mine, Doug Wood, and his wife Dawn, residents of South Rockwood in Monroe County, just a couple miles southwest of Detroit (Figures 3 and 4). Doug and Dawn sent me the following text regarding SB 0431:

“Ever since frac sand mining came to my community, the mine has expanded and accelerated, crushing silica 12 hours a day, right next to homes. It has been a constant battle to get the local government and the quarry to install air monitoring. Now the AGGREGATE industry is pushing to pass this law, Senate Bill 0431, which takes away all the local community’s controls, including [the control of] fugitive dust. I feel that if this law passes, it will be the end of a healthy, livable community.”

 

Figure 2. Current and Potential Silica Mining Activity, South Rockwood, Michigan, with Dawn and Doug Wood’s property in the southwest corner of the Light Green US Silica and Sylvanian Minerals Potential Polygon.

 

Figure 3. The Sylvanian Minerals/US Silica frac sand mine in South Rockwood, Michigan, in August 2017 (top) and June 2020 (bottom), with the Wood’s house to the left/west.

North Dakota’s Senate Bill 2344

North Dakota’s Senate Bill 2344 was first introduced to the Energy and Natural Resources Committee on January 21st of this year by Senators Jessica Unruh (R), Dwight Cook (R), and Donald Schaible (R). The North American oil and gas industry knows it has a massive waste issue that it can’t seem to get its collective head around, and in North Dakota, it has countered this structural uncertainty by claiming that landowners do not own the “subsurface pore space” beneath their property, and that this pore space entitles an operator to inject waste into such voids, without compensating landowners.

As Dakota Resource Council Executive Director Scott Skokos told me, “What I’ve heard from attorneys is that this is a taking. Prior to the law change, the porous ground beneath you was part of your property rights, but now it is the government’s … The reason is that it is a taking without compensation! At the legislative hearings, I’ve never seen so many ranchers and mineral owners at the legislature. They thought that because they are a privileged class they would be listened to, and they weren’t. When they got railroaded, they said, ‘What? The government doesn’t work for me?’” Many that are following this bill and associated legal efforts to challenge it think it has a good chance to make it all the way to the US Supreme Court, because it renders the state’s Oil and Gas Production Damage Compensation Act toothless.

Skokos went on to tell me that in “a prior world, where landowners actually had agency over their property in North Dakota, the state’s Century Code clearly stated in Section 38-11.1-04 that landowners were entitled to damages equivalent to ‘lost land value’ and/or ‘lost use of and access to the surface owner’s land.’”

In Mosser v. Denbury Resources, Inc.[2] in 2017, “Use of Pore Space,” and by association, SB 2344, began to percolate as a topic actually up for debate. The Mosser family did not contest the right of Denbury to dispose of fracking waste within their unitized area. This is only because they were hoping to get fair market value for waste disposal, if they would eventually have to incur the costs of damage to their property.

They alleged “claims for nuisance, for trespass and for damages under the Oil and Gas Production Damage Compensation Act.” Judge Charles Miller ruled in favor of the Mossers and stated clearly that surface owners did in fact own pore space; surface owners are entitled to the above damages resulting from pore space use; the surface owner does not have to demonstrate they are using the pore space; and most importantly, compensation per barrel that others are paying for fracking waste disposal may be used by landowners to determine damages.

This ruling was not to the industry’s liking, and they were determined to have the last word, so they worked with the aforementioned Republican Senators to write SB 2344, which contains tons of language regarding the use of pore space for natural gas and CO2 storage, as well as for Enhanced Oil Recovery (EOR) purposes. Senator Jessica Unruh, when not working on behalf of the good people of North Dakota’s District 33, is the Environmental Manager at Coyote Creek Mining Company. Also, it is important to note that Donald Schaible is the sole sponsor of HB 1426, mentioned earlier, that increased penalties for riot offenses.

The most jaw-dropping component of SB 2344 is that it would add a new definition to the state’s Century Code for the term “land,” to be defined as the solid material of earth – regardless of ingredients – but excluding pore space! Yes, those little voids in the rock beneath North Dakotans homes, or maybe up to and including cracks in the soil during dry summers, would not be classified as land, and ipso facto would not entitle landowners to damages if such voids were to be filled in with, say, radioactive fracking waste!

One can only hope that the “get off my land,” fiercely independent, and at times, Libertarian facade North Dakotans like to display will roar when this bill gets traction. I mean after all, isn’t the motto of Tea Party enthusiasts and Second Amendment zealots “Don’t Tread on Me?”

This is Part II of a two-part series on concerning legislation related to the oil, gas, and petrochemical industries. Part I focuses on repressive “critical infrastructure” bills intending to criminalize environmental protestors. Such legislation has already been passed in 11 states.

By Ted Auch, PhD, Great Lakes Program Coordinator

[1] Ms. Klein’s website describes the “Shock Doctrine” as the following: “It is a story about violence and shock perpetrated on people, on countries, on economies … [The Shock Doctrine] explodes the myth that the global free market triumphed democratically, and that unfettered capitalism goes hand-in-hand with democracy. Instead … it has consistently relied on violence and shock, and reveals the puppet strings behind the critical events of the last four decades.”

[2] For a helpful summary of what Mosser v. Denbury Resources, Inc. means to North Dakota landowners and the legal world more broadly, the reader can refer to pages eight to 11 of the University of North Dakota School of Law’s April 2019  “Energy Law Symposium”.

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Industry Targets Peaceful Protest via “Critical Infrastructure” Legislation

By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development

The oil and gas industry continues to use rhetoric focusing on national security and energy independence in order to advocate for legislation to criminalize climate activists. Backlash against protestors and environmental stewards has only increased since the onset of COVID-19, suggesting that industry proponents are exploiting this public health crisis to further their own dangerous and controversial policies.[1]

Industry actors contributing to the wave of anti-protest bills include American Petroleum Institute (API), IHS Markit, The American Fuel & Petrochemical Manufacturers (AFPM), and most effectively, the American Legislative Exchange Council (ALEC), by way of its primary financial backer, Koch Industries (Fang, 2014, Shelor, 2017).

ALEC is the source of the model legislation “Critical Infrastructure Protection Act” of 2017, intended to make it a felony to “impede,” “inhibit,” “impair,” or “interrupt” critical infrastructure operation and/or construction. Close approximations – if not exact replicas – of this legislative template have been passed in 11 hydrocarbon rich and/or pathway states, and 8 more are being debated in 4 additional states.

The “critical infrastructure” designation in ALEC’s “Critical Infrastructure Protection Act” is extremely broad, including over 70 pieces of infrastructure, from wastewater treatment and well pads, to ports and pipelines. However, along with the 259 Foreign Trade Zones (FTZ) (Figures 1 and 4) supervised by US Customs and Border Protection (CBP), security is of such importance because over 50% of this infrastructure is related to oil and gas. According to our analysis, there are more than 8,000 unique pieces of infrastructure that fall under this designation, with over 10% in the Marcellus/Utica states of Ohio, West Virginia, and Pennsylvania. See Figure 1 for the number of FTZ per state.

Regarding FTZ, the US Department of Homeland Security doesn’t attempt to hide their genuine nature, boldly proclaiming them “… the United States’ version of what are known internationally as free-trade zones … to serve adequately ‘the public interest’.” If there remains any confusion as to who these zones are geared toward, the US Department of Commerce’s International Administration (ITA) makes the link between FTZ and the fossil fuel industry explicit in its FTZ FAQ page, stating “The largest industry currently using zone procedures is the petroleum refining industry.” (Figure 2)

 

Figure 1. Number of Foreign-Trade Zones (FTZ) by state as of June 2020.

Figure 2. Foreign-Trade Zone (FTZ) Board of Actions in Zones 87 in Lake Charles, LA, 115-117 in and around Port Arthur, TX, and 122 in Corpus Christi, TX. (click on the images to enlarge)

 

Foreign-Trade Zone (FTZ) Board of Actions in Zone 87 in Lake Charles, Louisiana

Foreign-Trade Zone (FTZ) Board of Actions in Zone 87 in Lake Charles, Louisiana

Foreign-Trade Zone (FTZ) Board of Actions in Zones 115-117 in and around Port Arthur, Texas

Foreign-Trade Zone (FTZ) Board of Actions in Zones 115-117 in and around Port Arthur, Texas

Foreign-Trade Zone (FTZ) Board of Actions in Zone 122 in Corpus Christi, Texas

Foreign-Trade Zone (FTZ) Board of Actions in Zone 122 in Corpus Christi, Texas

 

Much of the oil, gas, and petrochemical industries’ efforts stem from the mass resistance to the Dakota Access Pipeline (DAPL). Native American tribes and environmental groups spent months protesting the environmentally risky $3.78 billion dollar project, which began production in June 2017, after Donald Trump signed an executive order to expedite construction during his first week in office. The Standing Rock Sioux tribe also sued the US government in a campaign effort to protect their tribal lands. The world watched as Energy Transfer Partners (ETP), the company building the pipeline, destroyed Native artifacts and sacred sites, and as police deployed tear gas and sprayed protesters with water in temperatures below freezing.

ETP’s bottom line and reputation were damaged during the fight against DAPL. Besides increasingly militarized law enforcement, the oil and gas industry has retaliated by criminalizing similar types of protests against fossil fuel infrastructure. However, the tireless work of Native Americans and environmental advocates has resulted in a recent victory in March 2020, when a federal judge ordered a halt to the pipeline’s production and an extensive new environmental review of DAPL.

Just days ago, on July 6, 2020, a federal judge ruled that DAPL must shut down until further environmental review can assess potential hazards to the landscape and water quality of the Tribe’s water source. This is certainly a victory for the Standing Rock Sioux Tribe and other environmental defenders, but the decision is subject to appeal.

Since the DAPL conflict began, the industry has been hastily coordinating state-level legislation in anticipation of resistance to other notable national gas transmission pipelines, more locally concerning projects like Class II Oil and Gas Waste Injection Wells, and miles of gas gathering pipelines that transport increasing streams of waste – as well as oil and gas – to coastal processing sites.

 

The following “critical infrastructure” bills have already been enacted:

STATE BILL TITLE DATE PASSED
West Virginia HB 4615 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 3/25/20
South Dakota SB 151 NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE 3/18/20
Kentucky HB 44 NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE 3/16/20
Wisconsin AB 426 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 11/21/19
Missouri HB 355 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 7/11/19
Texas HB 3557 NEW CRIMINAL AND CIVIL PENALTIES FOR PROTESTS AROUND CRITICAL INFRASTRUCTURE 6/14/19
Tennessee SB 264 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 5/10/19
Indiana SB 471 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 5/6/19
North Dakota HB 2044 HEIGHTENED PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 4/10/19
Louisiana HB 727 HEIGHTENED PENALTIES FOR PROTESTING NEAR A PIPELINE 5/30/18
Oklahoma HB 1123 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 5/3/17

 

There are an additional eight bills proposed and under consideration in these six states:

STATE PENDING TITLE DATE PROPOSED
Louisiana HB 197 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 2/24/20
Minnesota HF 3668 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 2/24/20
Mississippi HB 1243 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 2/19/20
Alabama SB 45 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 2/4/20
Minnesota HF 2966 NEW PENALTIES FOR PROTESTS NEAR OIL AND GAS PIPELINES 1/31/20
Minnesota SF 2011 NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES 3/4/19
Ohio SB 33 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 2/12/19
Illinois HB 1633 NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE 1/31/19

 

Desperate Backlash Against Peaceful Protest

Activists and organizations like the American Civil Liberties Union (ACLU) are framing their opposition to such legislation as an attempt to stave off the worst Orwellian instincts of our elected officials, whether they are in Columbus or Mar-a-Lago. On the other hand, industry and prosecutors are framing these protests as terroristic acts that threaten national security, which is why sentencing comes with a felony conviction and up to ten years in prison. The view of the FBI’s deputy assistant director and top official in charge of domestic terrorism John Lewis is that, “In recent years, the Animal Liberation Front and the Earth Liberation Front have become the most active, criminal extremist elements in the United States … the FBI’s investigation of animal rights extremists and ecoterrorism matters is our highest domestic terrorism investigative priority.”

It shocked many when last week, two protesters in the petrochemical-laden “Cancer Alley” region of Louisiana were arrested and charged under the state’s felony “terrorist” law. Their crime? Placing boxes of nurdles – plastic pellets that are the building blocks of many single-use plastic products – on the doorsteps of fossil fuel lobbyists’ homes. To make matters more ridiculous, the nurdles were illegally dumped by the petrochemical company Formosa Plastics.[2] This is outrageous indeed, but is the sort of legally-sanctioned oppression that fossil fuel industry lobbyists have been successfully advocating for years.

American Fuel & Petrochemical Manufacturers (AFPM) stated in a letter of support for ALEC’s legislative efforts:

“In recent years, there has been a growing and disturbing trend of individuals and organizations attempting to disrupt the operation of critical infrastructure in the energy, manufacturing, telecommunications, and transportation industries. Energy infrastructure is often targeted by environmental activists to raise awareness of climate change and other perceived environmental challenges. These activities, however, expose individuals, communities, and the environment to unacceptable levels of risk, and can cause millions of dollars in damage … As the private sector continues to expand and maintain the infrastructure necessary to safely and reliably deliver energy and other services to hundreds of millions of Americans, policymakers should continue to consider how they can help discourage acts of sabotage … Finally, it will also hold organizations both criminally and vicariously liable for conspiring with individuals who willfully trespass or damage critical infrastructure sites.”

Those organizations deemed ‘criminally and vicariously liable’ would in some states face fines an order of magnitude greater than the actual individual, which would cripple margin-thin environmental groups around the country, and could amount to $100,000 to $1,000,000. The AFPM’s senior vice president for federal and regulatory affairs Derrick Morgan referred to these vicarious organizations as “inspiring … organizations who have ill intent, want to encourage folks to damage property and endanger lives …”

Oklahoma Oil & Gas Association (OKOGA) wrote in a fear-mongering letter to Oklahoma Governor Mary Fallin that such legislation was necessary to “protect all Oklahomans from risk of losing efficient and affordable access to critical services needed to power our daily lives.”

One of the most disturbing aspects of this legislation is that it could, according to the testimony and additional concerns of ACLU of Ohio’s Chief Lobbyist Gary Daniels, equate “‘impeding’ and ‘inhibiting’ the ‘operations’ of a critical infrastructure site” with acts as innocuous as Letters to the Editor, labor strikes or protests, attending and submitting testimony at hearings, or simply voicing your concern or objections to the validity of industry claims and its proposals with emails, faxes, phone calls, or a peaceful protest outside critical infrastructure that raises the concern of site security. Mr. Daniels noted in his additional written testimony that the latter, “may prove inconvenient to the site’s staff, under SB 250 they would be an F3 [Third Degree Felony], and that is without someone even stepping foot on or near the property, as physical presence is not required to be guilty of criminal mischief, as found in/defined in Sec. 2907.07(A)(7) of the bill.”

RISE St. James

Figure 3. A rally held by the Louisiana-based nonprofit RISE St. James.

This connection, when enshrined into law, will have a chilling effect on freedom of speech and assembly, and will stop protests or thoughtful lines of questioning before they even start. As the Ohio Valley Environmental Coalition (OVEC) put it in their request for residents to ask the governor to veto the now-enacted HB 4615, such a bill is unnecessary, duplicative, deceitful, un-American, unconstitutional, and “will further crowd our jails and prisons.”

To combat such industry-friendly legislation that erodes local government control in Ohio, lawmakers like State Senator Nikki Antonio are introducing resolutions like SR 221, which would, “abolish corporate personhood and money-as-speech doctrine” made law by the Supreme Court of the United States’ rulings in Citizens United v. FEC and Buckley v. Valeo. After all, the overarching impact of ALEC’s efforts and those described below furthers privatized, short-term profit and socialized, long-term costs, and amplifies the incredibly corrosive Citizen’s United decision a little over a decade ago.

 

Further Criminalization of Protest, Protections for Law Enforcement

Simultaneously, there is an effort to criminalize protest activities through “riot boosting acts,” increased civil liability and decreased police liability, trespassing penalties, and new sanctions for protestors who conceal their identities (by wearing a face mask, for example).

 

The following bills have already been enacted:

STATE BILL TITLE DATE PASSED
South Dakota SB 189 EXPANDED CIVIL LIABILITY FOR PROTESTERS AND PROTEST FUNDERS 3/27/19
West Virginia HB 4618 ELIMINATING POLICE LIABILITY FOR DEATHS WHILE DISPERSING RIOTS AND UNLAWFUL ASSEMBLIES 3/10/18
North Dakota HB 1426 HEIGHTENED PENALTIES FOR RIOT OFFENCES 2/23/17
North Dakota HB 1293 EXPANDED SCOPE OF CRIMINAL TRESPASS 2/23/17
North Dakota HB 1304 NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 2/23/17

 

In addition, the following bills have been proposed and are under consideration:

STATE PENDING TITLE DATE PROPOSED
Rhode Island H 7543 NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 2/12/20
Oregon HB 4126 HARSH PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 1/28/20
Tennessee SB 1750 NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 1/21/20
Ohio HB 362 NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY 10/8/19
Pennsylvania SB 887 NEW PENALTIES FOR PROTESTS NEAR “CRITICAL INFRASTRUCTURE” 10/7/19
Massachusetts HB 1588 PROHIBITION ON MASKED DEMONSTRATIONS 1/17/19

 

All the while, the Bundy clan of Utah pillage – and at times – hold our public lands hostage, and white male Michiganders enter the state capital in Lansing armed for Armageddon, because they feel that COVID-19 is a hoax. We imagine that it isn’t these types of folks that West Virginia State Representatives John Shott and Roger Hanshaw had in mind when they wrote and eventually successfully passed HB 4618, which eliminated police liability for deaths while dispersing riots and unlawful assemblies.

Contrarily, South Dakota’s SB 189, or “Riot Boosting Act,” was blocked by the likes of US District Judge Lawrence L. Piersol, who wrote:

“Imagine that if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result? … Dr. King and the Southern Christian Leadership Conference could have been liable under an identical riot boosting law.”

 

 

Dangerous Work

FracTracker collaborated with Crude Accountability on a report documenting increasing reprisals against environmental activists in the US and Eurasia. Read the Report.

 

A Wave of Anti-Protest Laws in the COVID-19 Era

Despite Judge Piersol’s ruling, South Dakota (SB 151) joined Kentucky (HB 44) and West Virginia (HB 4615) in passing some form of ALEC’s bill since the COVID-19 epidemic took hold of the US. This is classic disaster capitalism. As former Barack Obama Chief of Staff Rahm Emanuel once said, “You never want a serious crisis to go to waste, and what I mean by that is it’s an opportunity to do things you think you could not do before.”

Foreign-Trade Zone Sign

Figure 4. Photo of US Treasury Department signage outlining the warning associated with BP’s Whiting, IN, oil refinery designated a Foreign Trade Zone (FTZ). Photo by Ted Auch July 15th, 2015

In all fairness to Mr. Emanuel, he was referring to the Obama administration’s support for the post-2008 bipartisan Wall Street bailout. However, it is critical that we acknowledge the push for critical infrastructure legislation has been most assuredly bipartisan, with Democratic Governors in Kentucky, Louisiana, and Wisconsin signing into law their versions on March 16th of this year, in May of 2018, and in November of 2019, respectively.

According to the International Center for Not-for-Profit Law, 11 states have passed some version of ALEC’s bill, with the first uncoincidentally being a series of three bills signed in February of 2017 by North Dakota Governor Burgum, targeting “Heightened Penalties for Riot Offences” (HB 1426), “Expanded Scope of Criminal Trespass” (HB 1293), and “New Penalties for Protestors Who Conceal Their Identity” (HB 1304), with at least one member of ALEC’s stable of elected officials, Rep. Kim Koppelman, proudly displaying his affiliation in his biography on the North Dakota Legislative Branch’s website. Mr. Koppelman, along with Rep. Todd Porter out of Mandan, also cosponsored two of these bills.

Related Legislation in Need of Immediate Attention

In Columbus, Ohio, there are several pieces of legislation being pushed in concert with ALEC-led efforts. These include the recently submitted HB 362, that would “create the crime of masked intimidation.” Phil Plummer and George F. Lang sponsor the bill, with the latter being the same official who introduced HB 625, a decidedly anti-local control bill that would preempt communities from banning plastic bags. Most of the general public and some of the country’s largest supermarket chains have identified plastic bag bans as a logical next step as they wrestle with their role in the now universally understood crimes plastics have foisted on our oceans and shores. As Cleveland Scene’s Sam Allard wrote, “bill mills” and their willing collaborators in states like Ohio cause such geographies to march “boldly, with sigils flying in the opposite direction” of progress, and a more renewable and diversified energy future.

With respect to Plummer and Lang’s HB 362, two things must be pointed out:

1) It is eerily similar to North Dakota’s HB 1304 that created new penalties for protestors who conceal their identity, and

2) The North Dakota bill was conveniently signed into law by Governor Burgum on February 23rd, 2017, who had set the day prior as the “deadline for the remaining [DAPL] protesters to leave an encampment on federal land near the area of the pipeline company’s construction site.”

So, when elected officials as far away as Columbus copy and paste legislation passed in the aftermath of the DAPL resistance efforts, it is clear the message they are conveying, and the audience(s) they are trying to intimidate.

Plummer and Lang’s HB 362 would add a section to the state’s “Offenses Against the Public Peace,” Chapter 2917, that would in part read:

No person shall wear a mask or disguise in order to purposely do any of the following:

(A) Obstruct the execution of the law;

(B) Intimidate, hinder, or interrupt a person in the performance of the person’s legal duty; or

(C) Prevent a person from exercising the rights granted to them by the Constitution or the laws of this state.

 

Whoever violates this proposed section is guilty of masked intimidation. Masked intimidation is a first degree misdemeanor. It was critical for the DAPL protestors to protect their faces during tear gas and pepper spray barrages, from county sheriffs and private security contractors alike.

At the present moment, masks are one of the few things standing between COVID-19 and even more death. Given these realities, it is stunning that our elected officials have the time and/or interest in pushing bills such as HB 362 under the thin veil of law and order.

But judging by what one West Virginia resident and former oil and gas industry draftsman,[3] wrote to us recently, elected officials do not really have much to lose, given how little most people think of them:

“Honestly, it doesn’t seem to matter what we do. The only success most of us have had is in possibly slowing the process down and adding to the cost that the companies incur. But then again, the increase in costs probably just gets passed down to the consumers. One of the biggest drawbacks in my County is that most, if not all, of the elected officials are pro drilling. Many of them have profited from it.”

The oil, gas, and petrochemical industries are revealing their weakness by scrambling to pass repressive legislation to counteract activists. But social movements around the world are determined to address interrelated social and environmental issues before climate chaos renders our planet unlivable, particularly for those at the bottom of the socioeconomic ladder. We hope that by shining a light on these bills, more people will become outraged enough to join the fight against antidemocratic legislation.

This is Part I of a two-part series on concerning legislation related to the oil, gas, and petrochemical industries. Part II focuses on bills that would weaken environmental regulations in Ohio, Michigan, and South Dakota.

By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development

[1] See Naomi Klein’s concept of the Shock Doctrine for similar trends.

[2] The community-based environmental organization RISE St. James has been working tirelessly to prevent Formosa Plastics from building one of the largest petrochemical complexes in the US in their Parish. Sharon Lavigne is a leading member of RISE St. James, and is an honored recipient of the 2019 Community Sentinel Award for Environmental Stewardship. Read more on Sharon’s work with RISE St. James here.

[3] This individual lives in Central West Virginia, and formerly monitored Oil & Gas company assets in primarily WV, PA, NY, VA, MD & OH, as well as the Gulf Coast. Towards the end of this individual’s career, they provided mapping support for the smart pigging program, call before you dig, and the pipeline integrity program.

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Mapping gathering lines in OH and WV feature

Mapping Gathering Lines in Ohio and West Virginia

As a spring 2020 intern with FracTracker, my work mostly involved mapping gathering lines in West Virginia and Ohio. Gathering lines are pipelines that transport oil and gas from the wellhead to either compressor stations or storage/processing facilities. The transmission pipelines (which are often larger in diameter than gathering lines) take the oil and gas from the processing facilities to other storage facilities/compressor stations, or to distribution pipelines which go to end users and consumers. As you can see from Figure 2 in the map of Doddridge County, WV, many gathering lines eventually converge at a compressor station. You can think of gathering lines like small brooks and streams that feed transmission pipelines. The transmission lines are the main arteries, like a river, moving larger quantities of gas and oil over longer distances.

PROJECT DESCRIPTION

The main project and goal of my internship was to record as many gathering pipelines as I could find in Ohio and West Virginia, since gathering lines are not generally mapped and therefore not easily available for the public to view. For example, the National Pipeline Mapping System’s public map viewer (created by the Department of Transportation Pipeline and Hazardous Materials Safety Administration) has a note stating, “It does not contain gas gathering or distribution pipelines.” Mapping gathering lines makes this data accessible to the public and will allow us to see the bigger picture when it comes to assessing the environmental impact of pipelines.

After collecting gathering line location data, I performed GIS analysis to determine the amount of acreage of land that has been clearcut due to gathering pipeline installations.

Another analysis we could perform using this data is to count the total number of waterways that the gathering lines cross/interact with and assess the quality of water and wildlife in areas with higher concentrations of gathering pipelines.

Oil and Gas Wells and Gathering Lines in OH and WV

Figure 1. This map shows an overview of gathering line pipelines in the Powhatan Point, Ohio and Moundsville, West Virginia of the Ohio River Valley.

 

PIPELINE GATHERING LINE MAPPING PROCESS

I worked with an aerial imagery BaseMap layer (a BaseMap is the bottommost layer when viewing a map), a county boundaries layer, production well location points, and compressor station location points. I then traced lines on the earth that appeared to be gathering lines by creating polygon shapefiles in the GIS application ArcMap.

My methodology and process of finding the actual routes of the gathering lines included examining locations at various map scale ranges to find emerging line patterns of barren land that connect different production well points on the map. I would either concentrate on looking for patterns along well pad location points and look for paths that may connect those points, or I would begin at the nearest gathering line I had recorded to try to find off-shoot paths off of those pipelines that may connect to a well pad, compressor station or previously recorded gathering line.

I did run into a few problems during my search for gathering lines. Sometimes, I would begin to trace a gathering line path, only to either loose the path entirely, or on further inspection, find that it was a power line path. Other times when using the aerial imagery basemap, the gathering line would flow into an aerial photo from a year prior to the pipeline installation and I would again lose the path. To work around these issues, I would first follow the gathering line trail to its end point before I started tracing the path. I would also view the path very closely in various scale ranges to ensure I wasn’t tracing a road, waterway, or powerline pathway.

ACREAGE ANALYSIS

In the three months that I was working on recording gathering pipeline paths in Ohio and West Virginia, I found approximately 29,103 acres (3,494 miles) of barren land clearcut by gathering pipelines. These total amounts are not exact since not all gathering lines can be confirmed. There are still more gathering lines to be recorded in both Ohio and West Virginia, but these figures give the reader an idea of the land disturbance caused by gathering lines, as shown in Figures 1 and 2.

In Ohio, I recorded approximately 10,083 acres (641 miles) with the average individual gathering pipeline taking up about 45 acres of land. With my gathering line data and data previously recorded by FracTracker, I found that there are 28,490 acres (1,690 miles) of land spanning 9 counties in southeastern Ohio that have been cleared and used by gathering lines.

For West Virginia, I was able to record approximately 19,020 acres (1,547 miles) of gathering lines, with the average gathering line taking up about 48 acres of space each. With previous data recorded in West Virginia by FracTracker, the total we have so far for the state is 22,897 acres (1,804 miles), although that is only accounting for the 9 counties in northern West Virginia that are recorded.

Wells and Gathering Lines in Doddridge County, WV

Figure 2. This aerial view map shows connecting gathering line pipelines that cover a small portion of Doddridge County, WV.

 

CONCLUSION

I was shocked to see how many gathering lines there are in these rural areas. Not only are they very prevalent in these less populated communities, but it was surprising to see how concentrated and close together they tend to be. When most people think of pipelines, they think of the big transmission pipeline paths that cross multiple states and are unaware of how much land that the infrastructure of these gathering pipelines also take up.

It was also very eye-opening to find that there are at least 29,000 acres of land in Ohio and West Virginia that were clearcut for the installation of gathering lines. It is even more shocking that these gathering pipelines are not being recorded or mapped and that this data is not publicly available from the National Pipeline Mapping System. While driving through these areas you may only see one or two pipelines briefly from your car, but by viewing the land from a bird’s eye perspective, you get a sense of the scale of this massive network. While the transmission pipeline arteries tend to be bigger, the veins of gathering lines displace a large amount of land as well.

I was also surprised by the sheer number of gathering lines I found that crossed waterways, rivers, and streams. During this project, it wasn’t unusual at all to follow a gathering line path that would cross water multiple times. In the future, I would be interested to look at the number of times these gathering pipelines cross paths with a stream or river, and the impact that this has on water quality and surrounding environment. I hope to continue to record gathering lines in Ohio and West Virginia, as well as Pennsylvania, so that we may learn more about this infrastructure and the impact it may have on the environment.

About Me

I first heard of FracTracker three years ago when I was volunteering with an environmental group called Keep Wayne Wild in Ohio. Since learning about FracTracker, I have been impressed with their eye-opening projects and their ability to make the gas and oil industry more transparent. A few years after first hearing about FracTracker, and as my interest in the GIS field continued to grow, I began taking GIS classes and reached out to them for this internship opportunity.

By Trevor Oatts, FracTracker Spring 2020 Data & GIS Intern

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FracTracker Falcon Pipeline spills map

Falcon Pipeline Construction Releases over 250,000 Gallons of Drilling Fluid in Pennsylvania and Ohio

Part of the Falcon Public Environmental Impact Assessment – a FracTracker series on the impacts of Falcon Ethane Pipeline System

Challenges have plagued Shell’s construction of the Falcon Pipeline System through Pennsylvania, Ohio, and West Virginia, according to documents from the Pennsylvania Department of Environmental Protection (DEP) and the Ohio Environmental Protection Agency (EPA). 

Records show that at least 70 spills have occurred since construction began in early 2019, releasing over a quarter million gallons of drilling fluid. Yet the true number and volume of spills is uncertain due to inaccuracies in reporting by Shell and discrepancies in regulation by state agencies. 

Drilling Mud Spill

A drilling fluid spill from Falcon Pipeline construction near Moffett Mill Road in Beaver County, PA. Source: Pennsylvania DEP

Releases of drilling fluid during Falcon’s construction include inadvertent returns and losses of circulation – two technical words used to describe spills of drilling fluid that occur during pipeline construction.

Drilling fluid, which consists of water, bentonite clay, and chemical additives, is used when workers drill a borehole horizontally underground to pull a pipeline underneath a water body, road, or other sensitive location. This type of installation is called a HDD (horizontal directional drill), and is pictured in Figure 1.

HDD Pipeline Diagram

Figure 1. An HDD operation – Thousands of gallons of drilling fluid are used in this process, creating the potential for spills. Click to expand. Source: Enbridge Pipeline

 

Here’s a breakdown of what these types of spills are and how often they’ve occurred during Falcon pipeline construction, as of March, 2020:

  • Loss of circulation 
    • Definition: A loss of circulation occurs when there is a decrease in the volume of drilling fluid returning to the entry or exit point of a borehole. A loss can occur when drilling fluid is blocked and therefore prevented from leaving a borehole, or when fluid is lost underground.
    • Cause: Losses of circulation occur frequently during HDD construction and can be caused by misdirected drilling, underground voids, equipment blockages or failures, overburdened soils, and weathered bedrock.
    • Construction of the Falcon has caused at least 49 losses of circulation releasing at least 245,530 gallons of drilling fluid. Incidents include:
      • 15 losses in Ohio – totaling 73,414 gallons
      • 34 losses in Pennsylvania – totaling 172,116 gallons
  • Inadvertent return
    • Definition: An inadvertent return occurs when drilling fluid used in pipeline installation is accidentally released and migrates to Earth’s surface. Oftentimes, a loss of circulation becomes an inadvertent return when underground formations create pathways for fluid to surface. Additionally, Shell’s records indicate that if a loss of circulation is large enough, (releasing over 50% percent of drilling fluids over 24-hours, 25% of fluids over 48-hours, or a daily max not to exceed 50,000 gallons) it qualifies as an inadvertent return even if fluid doesn’t surface.
    • Cause: Inadvertent returns are also frequent during HDD construction and are caused by many of the same factors as losses of circulation. 
    • Construction of the Falcon has caused at least 20 inadvertent returns, releasing at least 5,581 gallons of drilling fluid. These incidents include:
      • 18 inadvertent returns in Pennsylvania – totaling 5,546 gallons 
        • 2,639 gallons into water resources (streams and wetlands)
      • 2 inadvertent returns Ohio – totaling 35 gallons 
        • 35 gallons into water resources (streams and wetlands)

However, according to the Ohio EPA, Shell is not required to submit reports for losses of circulation that are less than the definition of an inadvertent return, so many losses may not be captured in the list above. Additionally, documents reveal inconsistent volumes of drilling mud reported and discrepancies in the way releases are regulated by the Pennsylvania DEP and the Ohio EPA.

Very few of these incidents were published online for the public to see; FracTracker obtained information on them through a public records request. The map below shows the location of all known drilling fluid releases from that request, along with features relevant to the pipeline’s construction. Click here to view full screen, and add features to the map by checking the box next to them in the legend. For definitions and additional details, click on the information icon.

 

View map full screen 

Jefferson County, Ohio

Our investigation into these incidents began early this year when we received an anonymous tip about a release of drilling fluids in the range of millions of gallons at the SCIO-06 HDD over Wolf Run Road in Jefferson County, Ohio. The source stated that the release could be contaminating drinking water for residents and livestock.

Working with Clean Air Council, Fair Shake Environmental Legal Services, and DeSmog Blog, we quickly discovered that this spill was just the beginning of the Falcon’s construction issues.

Documents from the Ohio EPA confirm that there were at least eight losses of circulation at this location between August 2019 and January 2020, including losses of unknown volume. The SCIO-06 HDD location is of particular concern because it crosses beneath two streams (Wolf Run and a stream connected to Wolf Run) and a wetland, is near groundwater wells, and runs over an inactive coal mine (Figure 2).

Map of spills along pipeline

Figure 2. Losses of circulation that occurred at the SCIO-06 horizontal directional drill (HDD) site along the Falcon Pipeline in Jefferson County Ohio. Data Sources: OH EPA, AECOM

According to Shell’s survey, the coal mine (shown in Figure 2 in blue) is 290 feet below the HDD crossing. A hazardous scenario could arise if an HDD site interacts with mine voids, releasing drilling fluid into the void and creating a new mine void discharge. 

A similar situation occurred in 2018, when EQT Corp. was fined $294,000 after the pipeline it was installing under a road in Forward Township, Pennsylvania hit an old mine, releasing four million gallons of mine drainage into the Monongahela River. 

The Ohio EPA’s Division of Drinking and Ground Waters looked into the issues around this site and reported, “GIS analysis of the pipeline location in Jefferson Co. does not appear to risk any vulnerable ground water resources in the area, except local private water supply wells.  However, the incident location is above a known abandoned (pre-1977) coal mine complex, mapped by ODNR.”

If you believe your environment may be impacted by pipeline construction, you may contact Fair Shake Environmental Legal Services for assistance, and as always you can reach out to FracTracker Alliance with questions and concerns.

 

While we cannot confirm if there was a spill in the range of millions of gallons as the source claimed, the reported losses of circulation at the SCIO-06 site total over 60,000 gallons of drilling fluid. Additionally, on December 10th, 2019, the Ohio EPA asked AECOM (the engineering company contracted by Shell for this project) to estimate what the total fluid loss would be if workers were to continue drilling to complete the SCIO-06 crossing. AECOM reported that, in a “very conservative scenario based on the current level of fluid loss…Overall mud loss to the formation could exceed 3,000,000 gallons.” 

Despite this possibility of a 3 million+ gallon spill, Shell resumed construction in January, 2020. The company experienced another loss of circulation of 4,583 gallons, reportedly caused by a change in formation. However, in correspondence with a resident, Shell stated that the volume lost was 3,200 gallons. 

Whatever the amount, this January loss of circulation appears to have convinced Shell that an HDD crossing at this location was too difficult to complete, and in February 2020, Shell decided to change the type of crossing at the SCIO-06 site to a guided bore underneath Wolf Run Rd and open cut trench through the stream crossings (Figure 3).

Pipeline Map

Figure 3. The SCIO-06 HDD site, which may be changed from an HDD crossing to an open cut trench and conventional bore to cross Wolf Run Rd, Wolf Run stream (darker blue), an intermittent stream (light blue) and a wetland (teal). Click to expand.

An investigation by DeSmog Blog revealed that Shell applied for the route change under Nationwide Permit 12, a permit required for water crossings. While the Army Corps of Engineers authorized the route change on March 17th, one month later, a Montana federal court overseeing a case on the Keystone XL pipeline determined that the Nationwide Permit 12 did not meet standards set by federal environmental laws – a decision which may nullify the Falcon’s permit status. At this time, the ramifications of this decision on the Falcon remain unclear.

Inconsistencies in Reporting

In looking through Shell’s loss of circulation reports, we noted several discrepancies about the volume of drilling fluid released for different spills, including those that occurred at the SCIO-06 site. As one example, the Ohio EPA stated an email about the SCIO-06 HDD, “The reported loss of fluid from August 1, 2019 to August 14, 2019 in the memo does not appear to agree with the 21,950 gallons of fluid loss reported to me during my site visit on August 14, 2019 or the fluid loss reported in the conference call on August 13, 2019.” 

In addition to errors on Shell’s end, our review of documents revealed significant confusion around the regulation of drilling fluid spills. In an email from September 26, 2019, months after construction began, Shell raised the following questions with the Ohio EPA: 

  • when a loss of circulation becomes an inadvertent return – the Ohio EPA clarifies: “For purposes of HDD activities in Ohio, an inadvertent return is defined as the unintended return of any fluid to the surface, as well as losses of fluids to underground formations which exceed 50-percent over a 24-hour period and/or 25-percent loss of fluids or annular pressure sustained over a 48-hour period;”
  • when the clock starts for the aforementioned time periods – the Ohio EPA says the time starts when “the drill commences drilling;”
  • whether Shell needs to submit loss of circulation reports for losses that are less than the aforementioned definition of an inadvertent return – the Ohio EPA responds, “No. This is not required in the permit.”

How are these spills measured?

A possible explanation for why Shell reported inconsistent volumes of spills is because they were not using the proper technology to measure them.

Shell’s “Inadvertent Returns from HDD: Assessment, Preparedness, Prevention and Response Plan” states that drilling rigs must be equipped with “instruments which can measure and record in real time, the following information: borehole annular pressure during the pilot hole operation; drilling fluid discharge rate; the spatial position of the drilling bit or reamer bit; and the drill string axial and torsional loads.”

In other words, Shell should be using monitoring equipment to measure and report volumes of drilling fluid released.

Despite that requirement, Shell was initially monitoring releases manually by measuring the remaining fluid levels in tanks. After inspectors with the Pennsylvania DEP realized this in October, 2019, the Department issued a Notice of Violation to Shell, asking the company to immediately cease all Pennsylvania HDD operations and implement recording instruments. The violation also cited Shell for not filing weekly inadvertent return reports and not reporting where recovered drilling fluids were disposed. 

In Ohio, there is no record of a similar request from the Ohio EPA. The anonymous source that originally informed us of issues at the SCIO-6 HDD stated that local officials and regulatory agencies in Ohio were likely not informed of the full volumes of the industrial waste releases based on actual meter readings, but rather estimates that minimize the perceived impact. 

While we cannot confirm this claim, we know a few things for sure: 1) there are conflicting reports about the volume of drilling fluids spilled in Ohio, 2) according to Shell’s engineers, there is the potential for a 3 million+ gallon spill at the SCIO-06 site, and 3) there are instances of Shell not following its permits with regard to measuring and reporting fluid losses. 

The inconsistent ways that fluid losses (particularly those that occur underground) are defined, reported, and measured leave too many opportunities for Shell to impact sensitive ecosystems and drinking water sources without being held accountable.

What are the impacts of drilling fluid spills?

Drilling fluid is primarily composed of water and bentonite clay (sodium montmorillonite), which is nontoxic. If a fluid loss occurs, workers often use additives to try and create a seal to prevent drilling fluid from escaping into underground voids. According to Shell’s “Inadvertent Returns From HDD” plan, it only uses additives that meet food standards, are not petroleum based, and are consistent with materials used in drinking water operations.

However, large inadvertent returns into waterways cause heavy sedimentation and can have harmful effects on aquatic life. They can also ruin drinking water sources. Inadvertent returns caused by HDD construction along the Mariner East 2 pipeline have contaminated many water wells.

Losses of circulation can impact drinking water too. This past April in Texas, construction of the Permian Highway Pipeline caused a loss that left residents with muddy well water. A 3 million gallon loss of circulation along the Mariner East route led to 208,000 gallons of drilling mud entering a lake, and a $2 million fine for Sunoco, the pipeline’s operator.

Our Falcon Public EIA Project found 240 groundwater wells within 1/4 mile of the pipeline and 24 within 1,000 ft of an HDD site. The pipeline also crosses near surface water reservoirs. Drilling mud spills could put these drinking water sources at risk.

But when it comes to understanding the true impact of the more than 245,000+ gallons of drilling fluid lost beneath Pennsylvania and Ohio, there are a lot of remaining questions. The Falcon route crosses over roughly 20 miles of under-mined land (including 5.6 miles of active coal mines) and 25 miles of porous karst limestone formations (learn more about karst). Add in to the mix the thousands of abandoned, conventional, and fracked wells in the region – and you start to get a picture of how holey the land is. Where or how drilling fluid interacts with these voids underground is largely unknown.

Other Drilling Fluid Losses

In addition to the SCIO-04 HDD, there are other drilling fluid losses that occurred in sensitive locations.

In Robinson Township, Pennsylvania, over a dozen losses of circulation (many of which occurred over the span of several days) released a reported 90,067 gallons of drilling fluid into the ground at the HOU-04 HDD. This HDD is above inactive surface and underground mines.

The Falcon passes through and near surface drinking water sources. In Beaver County, Pennsylvania, the pipeline crosses the headwaters of the Ambridge Reservoir and the water line that carries out its water for residents in Beaver County townships (Ambridge, Baden, Economy, Harmony, and New Sewickley) and Allegheny County townships (Leet, Leetsdale, Bell Acres, and Edgeworth). The group Citizens to Protect the Ambridge Reservoir, which formed in 2012 to protect the reservoir from unconventional oil and gas infrastructure, led efforts to stop Falcon Construction, and the Ambridge Water Authority itself called the path of the pipeline “not acceptable.” In response to public pressure, Shell did agree to build a back up line to the West View Water Authority in case issues arose from the Falcon’s construction.

Unfortunately, a 50-gallon inadvertent return was reported at the HDD that crosses the waterline (Figure 4), and a 160 gallon inadvertent return occurred in Raccoon Municipal Park within the watershed and near its protected headwaters (Figure 5). Both of these releases are reported to have occurred within the pipeline’s construction area and not into waterways.

Spill from Falcon construction

Figure 4) HOU-10 HDD location on the Falcon Pipeline, where 50 gallons were released on the drill pad on 7/9/2019

Spill from pipeline construction

Figure 5) SCIO-05 HDD location on the Falcon Pipeline, where 160 gallons were released on 6/10/19, within the pipeline’s LOD (limit of disturbance)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Farther west, the pipeline crosses through the watershed of the Tappan Reservoir, which provides water for residents in Scio, Ohio and the Ohio River, which serves over 5 million people.

A 35- gallon inadvertent return occurred at a conventional bore within the Tappan Lake Protection Area, impacting a wetland and stream. We are not aware of any spills impacting the Ohio River.

Pipelines in a Pandemic

This investigation makes it clear that weak laws and enforcement around drilling fluid spills allows pipeline construction to harm sensitive ecosystems and put drinking water sources at risk. Furthermore, regulations don’t require state agencies or Shell to notify communities when many of these drilling mud spills occur.

Despite the issues Shell experienced during construction, work on the Falcon continued over the past months during state shelter-in-place orders, while many businesses were forced to close. 

The problem continues where the 97-mile pipeline ends – at the Shell ethane cracker. In March, workers raised concerns about the unsanitary conditions of the site, and stated that crowded workspaces made social distancing impossible. While Shell did halt construction temporarily, state officials gave the company the OK to continue work – even without the waiver many businesses had to obtain. 

The state’s decision was based on the fact it considered the ethane cracker to “support electrical power generation, transmission and distribution.” The ethane cracker – which is still months and likely years away from operation – does not currently produce electrical power and will only provide power generation to support plastic manufacturing.

This claim continues a long pattern of the industry attempting to trick the public into believing that we must continue expanding oil and gas operations to meet our country’s energy needs. In reality, Shell and other oil and gas companies are attempting to line their own pockets by turning the country’s massive oversupply of fracked gas into plastic. And just as Shell and state governments have put the health of residents and workers on the line by continuing construction during a global pandemic, they are sacrificing the health of communities on the frontlines of the plastic industry and climate change by pushing forward the build-out of the petrochemical industry during a global climate crisis.

This election year, while public officials are pushing forward major action to respond to the economic collapse, let’s push for policies and candidates that align with the people’s needs, not Big Oil’s.

By Erica Jackson, Community Outreach & Communications Specialist, FracTracker Alliance

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National Energy and Petrochemical Map

FracTracker Alliance has released a new national map, filled with energy and petrochemical data. Explore the map, continue reading to learn more, and see how your state measures up!

The items on the map (followed by facility count in parenthesis) include:

         For oil and gas wells, view FracTracker’s state maps. 

This map is by no means exhaustive, but is exhausting. It takes a lot of infrastructure to meet the energy demands from industries, transportation, residents, and businesses – and the vast majority of these facilities are powered by fossil fuels. What can we learn about the state of our national energy ecosystem from visualizing this infrastructure? And with increasing urgency to decarbonize within the next one to three decades, how close are we to completely reengineering the way we make energy?

Key Takeaways

  • Natural gas accounts for 44% of electricity generation in the United States – more than any other source. Despite that, the cost per megawatt hour of electricity for renewable energy power plants is now cheaper than that of natural gas power plants.
  • The state generating the largest amount of solar energy is California, while wind energy is Texas. The state with the greatest relative solar energy is not technically a state – it’s D.C., where 18% of electricity generation is from solar, closely followed by Nevada at 17%. Iowa leads the country in relative wind energy production, at 45%.
  • The state generating the most amount of energy from both natural gas and coal is Texas. Relatively, West Virginia has the greatest reliance on coal for electricity (85%), and Rhode Island has the greatest percentage of natural gas (92%).
  • With 28% of total U.S. energy consumption for transportation, many of the refineries, crude oil and petroleum product pipelines, and terminals on this map are dedicated towards gasoline, diesel, and other fuel production.
  • Petrochemical production, which is expected to account for over a third of global oil demand growth by 2030, takes the form of chemical plants, ethylene crackers, and natural gas liquid pipelines on this map, largely concentrated in the Gulf Coast.

Electricity generation

The “power plant” legend item on this map contains facilities with an electric generating capacity of at least one megawatt, and includes independent power producers, electric utilities, commercial plants, and industrial plants. What does this data reveal?

National Map of Power plants

Power plants by energy source. Data from EIA.

In terms of the raw number of power plants – solar plants tops the list, with 2,916 facilities, followed by natural gas at 1,747.

In terms of megawatts of electricity generated, the picture is much different – with natural gas supplying the highest percentage of electricity (44%), much more than the second place source, which is coal at 21%, and far more than solar, which generates only 3% (Figure 1).

National Energy Sources Pie Chart

Figure 1. Electricity generation by source in the United States, 2019. Data from EIA.

This difference speaks to the decentralized nature of the solar industry, with more facilities producing less energy. At a glance, this may seem less efficient and more costly than the natural gas alternative, which has fewer plants producing more energy. But in reality, each of these natural gas plants depend on thousands of fracked wells – and they’re anything but efficient.Fracking's astronomical decline rates - after one year, a well may be producing less than one-fifth of the oil and gas it produced its first year. To keep up with production, operators must pump exponentially more water, chemicals, and sand, or just drill a new well.

The cost per megawatt hour of electricity for a renewable energy power plants is now cheaper than that of fracked gas power plants. A report by the Rocky Mountain Institute, found “even as clean energy costs continue to fall, utilities and other investors have announced plans for over $70 billion in new gas-fired power plant construction through 2025. RMI research finds that 90% of this proposed capacity is more costly than equivalent [clean energy portfolios, which consist of wind, solar, and energy storage technologies] and, if those plants are built anyway, they would be uneconomic to continue operating in 2035.”

The economics side with renewables – but with solar, wind, geothermal comprising only 12% of the energy pie, and hydropower at 7%, do renewables have the capacity to meet the nation’s energy needs? Yes! Even the Energy Information Administration, a notorious skeptic of renewable energy’s potential, forecasted renewables would beat out natural gas in terms of electricity generation by 2050 in their 2020 Annual Energy Outlook.

This prediction doesn’t take into account any future legislation limiting fossil fuel infrastructure. A ban on fracking or policies under a Green New Deal could push renewables into the lead much sooner than 2050.

In a void of national leadership on the transition to cleaner energy, a few states have bolstered their renewable portfolio.

How does your state generate electricity?
Legend

Figure 2. Electricity generation state-wide by source, 2019. Data from EIA.

One final factor to consider – the pie pieces on these state charts aren’t weighted equally, with some states’ capacity to generate electricity far greater than others.  The top five electricity producers are Texas, California, Florida, Pennsylvania, and Illinois.

Transportation

In 2018, approximately 28% of total U.S. energy consumption was for transportation. To understand the scale of infrastructure that serves this sector, it’s helpful to click on the petroleum refineries, crude oil rail terminals, and crude oil pipelines on the map.

Map of transportation infrastructure

Transportation Fuel Infrastructure. Data from EIA.

The majority of gasoline we use in our cars in the US is produced domestically. Crude oil from wells goes to refineries to be processed into products like diesel fuel and gasoline. Gasoline is taken by pipelines, tanker, rail, or barge to storage terminals (add the “petroleum product terminal” and “petroleum product pipelines” legend items), and then by truck to be further processed and delivered to gas stations.

The International Energy Agency predicts that demand for crude oil will reach a peak in 2030 due to a rise in electric vehicles, including busses.  Over 75% of the gasoline and diesel displacement by electric vehicles globally has come from electric buses.

China leads the world in this movement. In 2018, just over half of the world’s electric vehicles sales occurred in China. Analysts predict that the country’s oil demand will peak in the next five years thanks to battery-powered vehicles and high-speed rail.

In the United States, the percentage of electric vehicles on the road is small but growing quickly. Tax credits and incentives will be important for encouraging this transition. Almost half of the country’s electric vehicle sales are in California, where incentives are added to the federal tax credit. California also has a  “Zero Emission Vehicle” program, requiring electric vehicles to comprise a certain percentage of sales.

We can’t ignore where electric vehicles are sourcing their power – and for that we must go back up to the electricity generation section. If you’re charging your car in a state powered mainly by fossil fuels (as many are), then the electricity is still tied to fossil fuels.

Petrochemicals

Many of the oil and gas infrastructure on the map doesn’t go towards energy at all, but rather aids in manufacturing petrochemicals – the basis of products like plastic, fertilizer, solvents, detergents, and resins.

This industry is largely concentrated in Texas and Louisiana but rapidly expanding in Pennsylvania, Ohio, and West Virginia.

On this map, key petrochemical facilities include natural gas plants, chemical plants, ethane crackers, and natural gas liquid pipelines.

Map of Petrochemical Infrastructure

Petrochemical infrastructure. Data from EIA.

Natural gas processing plants separate components of the natural gas stream to extract natural gas liquids like ethane and propane – which are transported through the natural gas liquid pipelines. These natural gas liquids are key building blocks of the petrochemical industry.

Ethane crackers process natural gas liquids into polyethylene – the most common type of plastic.

The chemical plants on this map include petrochemical production plants and ammonia manufacturing. Ammonia, which is used in fertilizer production, is one of the top synthetic chemicals produced in the world, and most of it comes from steam reforming natural gas.

As we discuss ways to decarbonize the country, petrochemicals must be a major focus of our efforts. That’s because petrochemicals are expected to account for over a third of global oil demand growth by 2030 and nearly half of demand growth by 2050 – thanks largely to an increase in plastic production. The International Energy Agency calls petrochemicals a “blind spot” in the global energy debate.

Petrochemical infrastructure

Petrochemical development off the coast of Texas, November 2019. Photo by Ted Auch, aerial support provided by LightHawk.

Investing in plastic manufacturing is the fossil fuel industry’s strategy to remain relevant in a renewable energy world. As such, we can’t break up with fossil fuels without also giving up our reliance on plastic. Legislation like the Break Free From Plastic Pollution Act get to the heart of this issue, by pausing construction of new ethane crackers, ensuring the power of local governments to enact plastic bans, and phasing out certain single-use products.

“The greatest industrial challenge the world has ever faced”

Mapped out, this web of fossil fuel infrastructure seems like a permanent grid locking us into a carbon-intensive future. But even more overwhelming than the ubiquity of fossil fuels in the US is how quickly this infrastructure has all been built. Everything on this map was constructed since Industrial Revolution, and the vast majority in the last century (Figure 3) – an inch on the mile-long timeline of human civilization.

Figure 3. Global Fossil Fuel Consumption. Data from Vaclav Smil (2017)

In fact, over half of the carbon from burning fossil fuels has been released in the last 30 years. As David Wallace Wells writes in The Uninhabitable Earth, “we have done as much damage to the fate of the planet and its ability to sustain human life and civilization since Al Gore published his first book on climate than in all the centuries—all the millennia—that came before.”

What will this map look like in the next 30 years?

A recent report on the global economics of the oil industry states, “To phase out petroleum products (and fossil fuels in general), the entire global industrial ecosystem will need to be reengineered, retooled and fundamentally rebuilt…This will be perhaps the greatest industrial challenge the world has ever faced historically.”

Is it possible to build a decentralized energy grid, generated by a diverse array of renewable, local, natural resources and backed up by battery power? Could all communities have the opportunity to control their energy through member-owned cooperatives instead of profit-thirsty corporations? Could microgrids improve the resiliency of our system in the face of increasingly intense natural disasters and ensure power in remote regions? Could hydrogen provide power for energy-intensive industries like steel and iron production? Could high speed rail, electric vehicles, a robust public transportation network and bike-able cities negate the need for gasoline and diesel? Could traditional methods of farming reduce our dependency on oil and gas-based fertilizers? Could  zero waste cities stop our reliance on single-use plastic?

Of course! Technology evolves at lightning speed. Thirty years ago we didn’t know what fracking was and we didn’t have smart phones. The greater challenge lies in breaking the fossil fuel industry’s hold on our political system and convincing our leaders that human health and the environment shouldn’t be externalized costs of economic growth.

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Overhead view of injection well

The Hidden Inefficiencies and Environmental Costs of Fracking in Ohio

Ohio continues to increase fracked gas production, facilitated by access to freshwater and lax radioactive waste disposal requirements.

View map fullscreen | How FracTracker maps work

Map: Ohio Quarterly Utica Oil and Gas Production along with Quarterly Wastewater Disposal

Well Volumes

A little under a year ago, FracTracker released a map and associated analysis, “A Disturbing Tale of Diminishing Returns in Ohio,” with respect to Utica oil and gas production, highlighting the increasing volume of waste injected in wastewater disposal wells, and trends in lateral length in fracked wells from 2010 to 2018. In this article, I’ll provide an update on Ohio’s Utica oil and gas production in 2018 and 2019, the demands on freshwater, and waste disposal. After looking at the data, I recommend that we holistically price our water resources and the ways in which we dispose of the industry’s radioactive waste in order to minimize negative externalities.

Recently, I’ve been inspired by the works of Colin Woodward[1] and Marvin Harris, who outline the struggle between liberty and the common good. They relate this to the role that commodities and increasing resource intensity play in maintaining or enhancing living standards. This quote from Harris’s “Cannibals and Kings” struck me as the 122 words that most effectively illustrate the impacts of the fracking boom that started more than a decade ago in Central Appalachia:

“Regardless of its immediate cause, intensification is always counterproductive. In the absence of technological change, it leads inevitably to the depletion of the environment and the lowering of the efficiency of production since the increased effort sooner or later must be applied to more remote, less reliable, and less bountiful animals, plants, soils, minerals, and sources of energy. Declining efficiency in turn leads to low living standards – precisely the opposite of the desired result. But this process does not simply end with everybody getting less food, shelter, and other necessities in return for more work. As living standards decline, successful cultures invent new and more efficient means of production which sooner or later again lead to the depletion of the natural environment.” From Chapter 1, page 5 of Marvin Harris’ “Cannibals and Kings: The Origins of Cultures, 1977

In reflecting on Harris’s quote as it pertains to fracking, I thought it was high time I updated several of our most critical data sets. The maps and data I present here speak to intensification and the fact that the industry is increasingly leaning on cheap water withdrawals, landscape impacts, and waste disposal methods to avoid addressing their increasingly gluttonous ways. To this point, the relationship between intensification and resource utilization is not just the purview of activists, academics, and journalists anymore; industry collaborators like IHS Markit admitting as much in their latest analysis pointing to the fact that oil and gas operators “will have to drill substantially more wells just to maintain current production levels and even more to grow production”. Insert Red Queen Hypothesis analogy here!

Oil and Gas Production in Ohio

The four updated data sets presented here are: 1) oil, gas, and wastewater production, 2) surface and groundwater withdrawal rates for the fracking industry, 3) freshwater usage by individual Ohio fracked wells, and 3) wastewater disposal well (also referred to as Class II injection wells) rates.

Below are the most important developments from these data updates as it pertains to intensification and what we can expect to see in the future, with or without the ethane cracker plants being trumpeted throughout Appalachia.

From a production standpoint, total oil production has increased by 30%, while natural gas production has increased by 50% year over year between the last time we updated this data and Q2-2019 (Table 1).

According to the data we’ve compiled, the rate of growth for wastewater production has exceeded oil and is nearly equal to natural gas at 48% from 2017 to 2018.  On average the 2,398 fracked wells we have compiled data for are producing 27% more wastewater per well now than they did at the end of 2017.

————–2017————– ————–2019————–
Oil (million barrels) Gas (million Mcf) Brine (million barrels) Oil (million barrels) Gas (million Mcf) Brine (million barrels)
Max 0.51 12.92 0.23 0.62 17.57 0.32
Total 83.14 5,768.47 76.01 108.15 8,679.12 112.28
Mean 0.40 2.79 0.37 0.45 3.62 0.47

Table 1. Summary statistics for 2,398  fracked wells in Ohio from a production perspective from 2017 to Q2 2019.

 

Total fracked gas produced per quarter and average fracked gas produced per well in Ohio from 2013 to Q2-2019.

Figure 1. Total fracked gas produced per quarter and average fracked gas produced per well in Ohio from 2013 to Q2-2019.

The increasing amount of resources and number of wells necessary to achieve marginal increases in oil and gas production is a critical factor to considered when assessing industry viability and other long-term implications. As an example, in Ohio’s Utica Shale, we see that total production is increasing, but as IHS Markit admits, this is only possibly by increasing the total number of producing wells at a faster rate. As is evidenced in Figure 1, somewhere around the Winter of 2017-2018, the production rate per well began to flatline and since then it has begun to decrease.

Water demands for oil and gas production in Ohio

Since last we updated the industry’s water withdrawal rates, the Ohio Department of Natural Resources (ODNR) has begun to report groundwater rates in addition to surface water. The former now account for nine sites in seven counties, but amount to a fraction of reported withdrawals to date (around 00.01% per year in 2017 and 2018). The more disturbing developments with respect to intensification are:

1) Since we last updated this data, 59 new withdrawal sites have come online. There are currently 569 sites in total in ODNR’s database. This amounts to a nearly 12% increase in the total number of sites since 2017. With this additional inventory, the average withdrawal rate across all sites has increased by 13% (Table 2).

2) Since 2010, the demand for freshwater to be used in fracking has increased by 15.6% or 693 million gallons per year (Figure 2).

3) We expect to see an inflection point when water production will increase to accommodate the petrochemical buildout with cracker plants in Dilles Bottom, OH; Beaver County, PA; and elsewhere. In 2018 alone, the oil and gas industry pulled 4.69 billion gallons of water from the Ohio River Valley. Since 2010, the industry has permanently removed 22.96 billion gallons of freshwater from the Ohio River Valley. It would take the entire population of Ohio five years to use the 2018 rate in their homes.[2]

As we and others have mentioned in the past, this trend is largely due to the bargain basement price at which we sell water to the oil and gas sector throughout Appalachia.[3] To increase their nominal production returns, companies construct longer laterals with orders of magnitude more water, sand, and chemicals.  At this rate, the fracking industry’s freshwater demand will have doubled to around 8.8-.9.5 billion gallons per year by around 2023.  Figure 3 demonstrates that average fracked lateral length continues to increase to the tune of +15.7-21.2% (+1,564-2,107 feet) per quarter per lateral. This trend alone is more than 2.5 times the rate of growth in oil production and roughly 24% greater than the rate of growth in natural gas production (See Table 1).

4. The verdict is even more concerning than it was a couple years ago with respect to water demand increasing by 30% per quarter per well or an average of 4.73 million gallons (Figure 4). The last time we did this analysis >1.5 years ago demand was rising by 25% per quarter or 3.84 million gallons. At that point I wouldn’t have guessed that this exponential rate of water demand would have increased but that is exactly what has happened. Very immediate conversations must start taking place in Columbus and at the region’s primary distributor of freshwater, The Muskingum Watershed Conservancy District (MWCD), as to why this is happening and how to push back against the unsustainable trend.

2017 2018
Sites 510 569
Maximum (billion gallons) 1.059 1.661
Sum (billion gallons) 18.267 22.957
Mean (billion gallons) 0.358 0.404

Table 2. Summary of fracking water demands throughout Ohio in 2017 when we last updated this data as well as how those rates changed in 2018.

Hydraulic fracturing freshwater demand in total across 560+ sites in Ohio from 2010 to 2018 (Million Gallons Per Year).

Figure 2. Hydraulic fracturing freshwater demand in total across 560+ sites in Ohio from 2010 to 2018 (million gallons per year).

Average lateral length for all of Ohio’s permitted hydraulically fractured laterals from from Q3-2010 to Q4-2019, along with average rates of growth from a linear and exponential standpoint (Feet).

Figure 3. Average lateral length for all of Ohio’s permitted hydraulically fractured laterals from from Q3-2010 to Q4-2019, along with average rates of growth from a linear and exponential standpoint (feet).

Average Freshwater Demand Per Unconventional Well in Ohio from Q3-2011 to Q3-2019 (Million Gallons).

Figure 4. Average Freshwater Demand Per Unconventional Well in Ohio from Q3-2011 to Q3-2019 (million gallons).

 

Waste Disposal

When it comes to fracking wastewater disposal, the picture is equally disturbing. Average disposal rates across Ohio’s 220+ wastewater disposal wells increased by 12.1% between Q3-2018 and Q3-2019 (Table 3). Interestingly, this change nearly identically mirrors the change in water withdrawals during the same period. What goes down– freshwater – eventually comes back up.

Across all of Ohio’s wastewater disposal wells, total volumes increased by nearly 22% between 2018 and the second half of 2019. However, the more disturbing trend is the increasing focus on the top 20 most active wastewater disposal wells, which saw  an annual increase of 17-18%. These wells account for nearly 50% of all waste and the concern here is that many of the pending wastewater disposal well permits are located on these sites, within close proximity, and/or are proposed by the same operators that operate the top 20.

When we plot cumulative and average disposal rates per well, we see a continued exponential increase. If we look back at the last time, we conducted this analysis, the only positive we see in the data is that at that time, average rates of disposal per well were set to double by the Fall of 2020. However, that trend has tapered off slightly — rates are now set to double by 2022.

Each wastewater disposal well is seeing demand for its services increase by 2.42 to 2.94 million gallons of wastewater per quarter (Figure 5). Put another way, Ohio’s wastewater disposal wells are rapidly approaching their capacity, if they haven’t already.  Hence why the oil and gas industry has been frantically submitting proposals for additional waste disposal wells. If these wells materialize, it means that Ohio will continue to be relied on as the primary waste receptacle for the fracking industry throughout Appalachia.

Variable ——————-All Wells——————- ——————-Top 20——————-
To Q3-2018 To Q3-2019 % Change To Q3-2018 To Q3-2019 % Change
Number of Wells 223 243 +9.0 ——- ——- ——-
Max (MMbbl) 1.12 1.20 +7.1 ——- ——- ——-
Sum (MMbbl) 203.19 247.05 +21.6 101.43 119.31 +17.6
Average (MMbbl) 0.91 1.02 +12.1 5.07 5.97 +17.8

Table 3. Summary Statistics for Ohio’s Wastewater Disposal Wells (millions of barrels (MMbbl)).

Average Fracking Waste Disposal across all of Ohio’s Class II Injection Wells and the cumulative amount of fracking waste disposed of in these wells from Q3-2010 to Q2-2019 (Million Barrels).

Figure 5. Average Fracking Waste Disposal across all of Ohio’s Wastewater Disposal Wells and the cumulative amount of fracking waste disposed of in these wells from Q3-2010 to Q2-2019 (million barrels).

Using the Pennsylvania natural gas data merged with the Ohio wastewater data, we were able to put a finer point on how much wastewater would be produced with a 100,000 barrel ethane cracker like the one PTT Global Chemical has proposed for Dilles Bottom, Ohio. The following are our best estimate calculations assuming 1 barrel of condensate is 20-40% ethane. These calculations required that we take some liberties with the merge of the ratio of gas to wastewater in Ohio with the ratio of gas to condensate in Pennsylvania:

  1. For 2,064 producing Ohio fracked wells, the ratio of gas to wastewater is 64.76 thousand cubic feet (Mcf) of gas produced per barrel of wastewater.
  2. Assuming 40% ethane, the ratio of gas to condensate in Washington County, PA wells for the first half of 2019 was 320.08 Mcf of gas per barrel of ethane condensate. For 100,000 barrels of ethane needed per cracker per day, that would result in 494,285 barrels (20.76 million gallons) of brine per day.
  3. Assuming 20% ethane, the ratio of gas to condensate in Washington County, PA wells for the first half of 2019 was 640.15 Mcf per barrel of ethane condensate = For 100,000 barrels of ethane needed per cracker per day that would result in 988,571 barrels/41.52 million gallons of wastewater per day.

But wait, here is the real stunner:

  1. The 40% assumption result is 3.81 times the daily rates of wastewater taken in by our current inventory of wastewater disposal wells and 5.37 times the daily rates of brine taken in by the top 20 wells (Note: the top 20 wastewater disposal wells account for 71% of all wastewater  waste taken in by all of the state’s disposal wells).
  2. The 20% assumption result is 7.62 times the daily rates of wastewater taken in by our current inventory of wastewater disposal wells and 10.74 times the daily rates of wastewater taken in by the top 20 wells.

Therefore, we estimate the fracked wells supplying the proposed PTTGC ethane cracker will generate between 20.76 million and 41.52 million gallons of wastewater per day. That is 3.8 to 7.6 times the amount of wastewater currently received by Ohio’s wastewater disposal wells.

What does this means in terms of truck traffic? We can assume that  at least 80% of the trucks that transport wastewater are the short/baby bottle trucks which haul 110 barrels per trip. This means that our wastewater estimates would require between 4,493 and 8,987 truck trips per day, respectively. The pressures this amount of traffic will put on Appalachian roads and communities will be hard to measure and given the current state of state and federal politics and/or oversight it will be even harder to measure the impact inevitable spills and accidents will have on the region’s waterways.

Conclusion

There is no reason to believe these trends will not persist and become more intractable as the industry increasingly leans on cheap waste disposal and water as a crutch. The fracking industry will continue to present shareholders with the illusion of a robust business model, even in the face of rapid resource depletion and precipitous production declines on a per well basis.

I am going to go out on a limb and guess that unless we more holistically price our water resources and the ways in which we dispose of the industry’s radioactive waste, there will be no other supply-side signal that we could send that would cause the oil and gas industry to change its ways. Until we reach that point, we will continue to compile data sets like the ones described above and included in the map below, because as Supreme Court Justice Louis Brandeis once said, “Sunlight is the best disinfectant!”

By Ted Auch, Great Lakes Program Coordinator, FracTracker Alliance with invaluable data compilation assistance from Gary Allison

[1] Colin Woodward’s “American Character: A history of the epic struggle between individual liberty and the common good” is a must read on the topic of resource utilization and expropriation.

[2] https://pubs.er.usgs.gov/publication/cir1441

[3] In Ohio the major purveyor of water for the fracking industry is the Muskingum Watershed Conservancy District (MCWD) and as we’ve pointed out in the past they sell water for roughly $4.50 to $6.50 per thousand gallons. Meanwhile across The Ohio River the average price of water for fracking industry in West Virginia in the nine primary counties where fracking occurs is roughly $8.38 per thousand gallons.

Data Downloads

Quarterly oil, gas, brine, and days in production for 2,390+ Unconventional Utica/Point Pleasant Wells in Ohio from 2010 to Q2-2019

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/12/Production_To_Q2_2019_WithExcel.zip

Ohio Hydraulic Fracturing Freshwater and Groundwater Withdrawals from 2010 to 2018

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/12/OH_WaterWithdrawals_2010_2018_WithExcel.zip

Lateral length (Feet) for 3,200+ Fracked Utica/Point Pleasant Wells in Ohio up to and including wells permitted in December, 2019

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/01/OH_Utica_December_2019_StatePlane_Laterals.zip

Freshwater Use for 2,700+ Unconventional Wells in Ohio from Q3-2011 to Q3-2019

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/12/OH_FracFocus_December_2019_WithExcel.zip

Quarterly Volume Disposal (Barrels) for 220+ Ohio Class II Salt Water Disposal Wells from 2010 to Q4-2019

https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2019/12/OH_ClassII_Loc_Vols_10_Q4_2019_WithExcel.zi

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Fracking Threatens Ohio’s Captina Creek Watershed

FracTracker’s Great Lakes Program Coordinator Ted Auch explores the risks and damages brought on by fracking in Ohio’s Captina Creek Watershed

 

Scroll down or click here to view the story map full screen

The Captina Creek Watershed straddles the counties of Belmont and Monroe in Southeastern Ohio and feeds into the Ohio River. It is the highest quality watershed in all of Ohio and a great examples of what the Ohio River Valley’s tributaries once looked, smelled, and sounded like. Sadly, today it is caught in the cross-hairs of the oil and gas industry by way of drilling, massive amounts of water demands, pipeline construction, and fracking waste production, transport, and disposal. The images and footage presented in the story map below are testament to the risks and damage inherent to fracking in the Captina Creek watershed and to this industry at large. Data included herein includes gas gathering and interstate transmission pipelines like the Rover, NEXUS, and Utopia (Figure 1), along with Class II wastewater injection wells, compressor stations, unconventional laterals, and freshwater withdrawal sites and volumes.

Ohio Rover NEXUS Pipelines map

The image at the top of the page captures my motivation for taking a deeper dive into this watershed. Having spent 13+ years living in Vermont and hiking throughout The Green and Adirondack Mountains, I fell in love with the two most prominent tree species in this photo: Yellow Birch (Betula alleghaniensis) and Northern Hemlock (Tsuga candadensis). This feeling of being at home was reason enough to be thankful for Captina Creek in my eyes. Seeing this region under pressure from the oil and gas industry really hit me in my botanical soul. We remain positive with regards to the area’s future, but protective action against fracking in the Captina Creek Watershed is needed immediately!

Fracking in the Captina Creek Watershed: A Story Map

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Want Not, Waste Not? Fossil Fuel Extraction’s Waste Disposal Challenges

Pennsylvania’s fracking industry is producing record amounts of toxic waste — where does it all go?

Drilling for methane and other fossil fuels is an energy-intensive process with many associated environmental costs. In addition to the gas that is produced through high volume hydraulic fracturing (“unconventional drilling,” or “fracking”), the process generates a great deal of waste at the drill site. These waste products may include several dozen tons of drill cutting at every well that is directionally drilled, in addition to liner materials, contaminated soil, fracking fluid, and other substances that must be removed from the site.

In 2018, Pennsylvania’s oil and gas industry (including both unconventional and conventional wells) produced over 2.9 billion gallons (nearly 69 million barrels) of liquid waste, and 1,442,465 tons of solid waste. In this article, we take a look at where this waste (and its toxic components) end up and how waste values have changed in recent years. We also explore how New York State, despite its reputation for being anti-fracking, isn’t exempt from the toxic legacy of this industry.

Waste that comes back to haunt us

According to a study by Physicians, Scientists and Engineers, over 80% of all waste from oil and gas drilling stays within the state of Pennsylvania. But once drilling wastes are sent to landfills, is that the end of them? Absolutely not!

Drilling waste also gets into the environment through secondary means. According to a recent report by investigative journalists at Public Herald, on average, 800,000 tons of fracking waste from Pennsylvania is sent to Pennsylvania landfills. When this waste is sent to landfills, radioactivity and other chemicals can percolate through the landfill, and are collected as leachate, which is then shipped to treatment plants.

Public Herald documented how fourteen sewage treatment plants in Pennsylvania have been permitted by Pennsylvania’s Department of Environmental Protection (PA DEP) to process and discharge radioactive wastes into more than a dozen Pennsylvania waterways.

Public Herald’s article includes an in-depth analysis of the issue. Their work is supported by a map of the discharge sites, created by FracTracker.

Trends over time

Pennsylvania Department of Environmental Protection maintains a rich database of oil and gas waste and production records associated with their Oil and Gas Reporting Website. The changes in waste disposal from Pennsylvania’s unconventional drilling reveal a number of interesting stories.

Let’s look first at overall unconventional drilling waste.

According to data from the federal Energy Information Administration, gas production in Pennsylvania began a steep increase around 2010, with the implementation of high volume hydraulic fracturing in the Marcellus Shale (see Figure 1). The long lateral drilling techniques allowed industry to exploit exponentially more of the tight shale via single well than was ever before possible with conventional, vertical drilling.

Figure 1. Data summary from FracTracker.org, based on EIA data.

The more recently an individual well is drilled, the more robust the production. We see an overall increase in gas production over time in Pennsylvania over the past decade. Paradoxically, the actual number of new wells drilled each year in the past 4-5 years are less than half of the number drilled in 2011 (see Figure 2).

Figure 2: Data summary from FracTracker.org, based on PA DEP data

Why is this? The longer laterals —some approaching 3 miles or more—associated with new wells allow for more gas to be extracted per site.

With this uptick in gas production values from the Marcellus and Utica Formations come more waste products, including copious amounts drilling waste, “produced water,” and other byproducts of intensive industrial operations across PA’s Northern Tier and southwestern counties.

Comparing apples and oranges?

When we look at the available gas production data compared with data on waste products from the extraction process, some trends emerge. First of all, it’s readily apparent that waste production does not track directly with gas production in a way one would expect.

Recall that dry gas production has increased annually since 2006 (see Figure 1). However, the reported waste quantities from industry have not followed that same trend.

In the following charts, we’ve split out waste from unconventional drilling by solid waste in tons (Figure 3) and liquid waste, in barrels (Figure 4).

Figure 3: Annual tonnage of solid waste from the unconventional oil and gas industry, organized by the state it is disposed in. Data source: PA DEP, processed by FracTracker Alliance

Figure 4: Annual volume of liquid waste from the unconventional oil and gas development, organized by state it is disposed in. One barrel is equivalent to 42 gallons. Data source: PA DEP, processed by FracTracker Alliance

Note the striking difference in disposal information for solid waste, compared with liquid waste, coming from Pennsylvania.

“Disposal Location Unknown”

Until just the last year, often more than 50% of the known liquid waste generated in PA was disposed of at unknown locations. The PA DEP waste report lists waste quantity and method for these unknown sites, depending on the year: “Reuse without processing at a permitted facility,” “Reuse for hydraulic fracturing,” “Reuse for diagnostic purposes,” “Reuse for drilling or recovery,” “Reuse for enhanced recovery,” and exclusively in more recent years (2014-2016), “Reuse other than road-spreading.”

In 2011, of the 20.5 million barrels of liquid waste generated from unconventional drilling, about 56% was allegedly reused on other drilling sites. However, over 9 million barrels—or 44% of all liquid waste—were not identified with a final destination or disposal method. Identified liquid waste disposal locations included “Centralized treatment plant for recycle,” which received about a third of the non-solid waste products.

In 2012, the quantity of the unaccounted-for fracking fluid waste dropped to about 40%. By 2013, the percentage of unaccounted waste coming from fracking fluid dropped to just over 21%, with nearly 75% coming from produced fluid, which is briny, but containing fewer “proprietary”—typically undisclosed—chemicals.

By 2017, accounting had tightened up further. PA DEP data show that 99% of all waste delivered to undisclosed locations was produced fluid shipped to locations outside of Pennsylvania. By 2018, all waste disposal was fully accounted for, according to DEP’s records.

In looking more closely at the data, we see that:

  1. Prior to 2018, well drillers did not consistently report the locations at which produced water was disposed of or reused. Between 2012 and 2016, a greater volume of unconventional liquid waste went unaccounted for than was listed for disposal in all other locations, combined.
  2. In Ohio, injection wells, where liquid waste is injected into underground porous rock formations, accounted for the majority of the increase in waste accepted there: 2.9 million barrels in 2017, and 5.7 million barrels in 2018 (a jump of 97%).
  3. West Virginia’s acceptance of liquid waste increased  significantly in 2018 over 2017 levels, a jump of over a million barrels, up from only 55,000. This was almost entirely due to unreported reuse at well pads.
  4. In 2018, reporting, in general, appears to be more thorough than it was in previous years. For example, in 2017, nearly 692,000 barrels of waste were reused at well pads outside PA, but those locations were not disclosed. Almost 7000 more barrels were also disposed of at unknown locations. In 2018, there were no such ambiguities.

A closer look at Pennsylvania’s fracking waste shipped to New York State

Despite a reputation for being resistant to the fracking industry, for most of this decade, the state of New York has been accepting considerable amounts of fracking waste from Pennsylvania. The greatest percentage shipped to New York State is in the form of drilling waste solids that go to a variety of landfills throughout Central and Western New York.

Looking closely at the bar charts above, it’s easy to notice that the biggest recipients of Pennsylvania’s unconventional liquid drilling waste are Pennsylvania itself, Ohio, as well as a significant quantity of unaccounted-for barrels between 2011 and 2016 (“Disposal location unknown”). The data for disposal of solid waste in New York tells a different story, however. In this case, Pennsylvania, Ohio, and New York State all play a role. We’ll take a look specifically at the story of New York, and illustrate the data in the interactive map that follows.

In this map, source locations in Pennsylvania are symbolized with the same color marker as the facility in New York that received the waste from the originating well pad. In the “Full Screen” view, use the “Layers” drop down menu to turn on and off data from separate years.

View map full screenHow FracTracker maps work

Solid waste transported to New York State

From the early days of unconventional drilling in Pennsylvania, New York State’s landfills provided convenient disposal sites due to their proximity to the unconventional drilling occurring in Pennsylvania’s Northern tier of counties. Pennsylvania and Ohio took the majority of solid wastes from unconventional drilling waste from Pennsylvania. New York State, particularly between 2011-2015, was impacted far more heavily than all other states, combined (Figure 5, below).

Figure 5: Known disposal locations (excluding PA and OH) of Pennsylvania’s solid waste. Data source: PA DEP, processed by FracTracker Alliance

Here’s the breakdown of locations in New York to where waste was sent. Solid waste disposal into New York’s landfills also dropped by half, following the state’s ban on unconventional drilling in 2014. Most of the waste after 2012 went to the Chemung County Landfill in Lowman, New York, 10 miles southeast of Elmira.

Figure 6: Solid waste from unconventional drilling, sent to facilities in NYS. Data source: PA DEP, processed by FracTracker Alliance

Is waste immobilized once it’s landfilled?

The fate of New York State’s landfill leachate that originates from unconventional drilling waste is a core concern, since landfill waste is not inert. If drilling waste contains radioactivity, fracking chemicals, and heavy metals that percolate through the landfill, and the resulting leachate is sent to municipal wastewater treatment plants, will traditional water treatment methods remove those wastes? If not, what will be the impact on public and environmental health in the water body that receives the “treated” wastewater? In Pennsylvania, for example, a case is currently under investigation relating to pollution discharges into the Monongahela River near Pittsburgh. “That water was contaminated with diesel fuels, it’s alleged, carcinogens and other pollutants,” said Rich Bower, Fayette County District Attorney.

Currently, a controversial expansion of the Hakes Landfill in Painted Post, New York is in the news. Sierra Club and others were concerned about oversight of radium and radon in the landfill’s leachate and air emissions, presumably stemming from years of receiving drill cuttings. The leachate from the landfill is sent to the Bath Wastewater Treatment plant, which is not equipped to remove radioactivity. “Treated” wastewater from the plant is then discharged into the Cohocton River, a tributary of the Chesapeake Bay. In April 2019, these environmental groups filed a law suit against Hakes C&D Landfill and the Town of Campbell, New York, in an effort to block the expansion.

Similar levels of radioactivity in leachate have also been noted in leachate produced at the Chemung County Landfill, according to Gary McCaslin, President of People for a Healthy Environment, Inc.

In recent years, much of the solid unconventional waste arriving in New York State has gone to the Chemung County Landfill (see Figure 6, above). Over the course of several years, this site requested permission to expand significantly from 180,000 tons per year to 417,000 tons per year. However, by 2016, the expansion was deemed unnecessary, and according, the plans were put on hold, in part “…because of a decline in the amount of waste being generated due to a slower economy and more recycling than when the expansion was first planned years ago.” The data in Figure 5 above also parallel this story, with unconventional drilling waste disposed in New York State dropping from over 200,000 tons in 2011 to just over 20,000 tons in 2018.

Liquid waste transported to New York State

The story about liquid unconventional drilling waste exported from Pennsylvania to states other than Ohio is not completely clear (see Figure 7, below). Note that the data indicate more than a 2000% increase in waste liquids going from Pennsylvania to West Virginia after 2017. While it has not been officially documented, FracTracker has been anecdotally informed that a great deal of waste was already going to West Virginia, but that the record-keeping prior to 2018 was simply not strongly enforced.

Figure 7: Known disposal locations (excluding Pennsylvania and Ohio) of Pennsylvania’s liquid waste. Data source: PA DEP, processed by FracTracker Alliance

Beginning in the very early years of the Pennsylvania unconventional fracking boom, a variety of landfills in New York State have also accepted liquid wastes originating in Pennsylvania, including produced water and flowback fluids (see Figure 8, below).

Figure 8: Liquid waste from unconventional drilling, sent to facilities in New York State. Data source: PA DEP, processed by FracTracker Alliance

In addition, while this information doesn’t even appear in the PA DEP records (which are publicly available back to 2010), numerous wastewater treatment plants did accept some quantity, despite being fully unequipped to process the highly saline waste before it was discharged back into the environment.

One such facility was the wastewater treatment plant in Cayuga Heights, Tompkins County, which accepted more than 3 million gallons in 2008. Another was the wastewater treatment plant in Auburn, Cayuga County, where the practice of accepting drilling wastewater was initially banned in July 2011, but the decision was reversed in March 2012 to accept vertical drilling waste, despite strong public dissent. Another wastewater treatment plant in Watertown, Jefferson County, accepted 35,000 gallons in 2009.

Fortunately, most New York State wastewater treatment plant operators were wise enough to not even consider adding a brew of unknown and/or proprietary chemicals to their wastewater treatment stream. Numerous municipalities and several counties banned fracking waste, and once the ban on fracking in New York State was instituted in 2014, nearly all importation of liquid unconventional drilling waste into the state ceased.

Nevertheless, conventional, or vertical well drilling also generates briny produced water, which the New York State Department of Environmental Conservation (DEC) permits communities in New York to accept for ice and dust control on largely rural roads. These so-called “beneficial use determinations” (BUDs) of liquid drilling waste have changed significantly over the past several years. During the height of the Marcellus drilling in around 2011, all sorts of liquid waste was permitted into New York State (see FracTracker’s map of affected areas) and was spread on roads. As a result, the chemicals—many of them proprietary, of unknown constituents, or radioactive—were indirectly discharged into surface waters via roadspreading.

Overall, in the years after the ban in 2014 on high volume hydraulic fracturing was implemented, restrictions on Marcellus waste coming into New York have strengthened. Very little liquid waste entered New York’s landfills after 2013, and what did come in was sent to a holding facility owned by Environmental Services of Vermont. This facility is located outside Syracuse, New York.

New York State says “no” to this toxic legacy

Fortunately, not long after these issues of fracking fluid disposal at wastewater treatment facilities in New York State came to light, the practice was terminated on a local level. The 2014 ban on fracking in New York State officially prevented the disposal of Marcellus fluids in municipal wastewater treatment facilities and required extra permits if it were to be road-spread.

In New York State, the State Senate—after 8 years of deadlock—in early May 2019, passed key legislation that would close a loophole that had previously allowed dangerous oil and gas waste to bypass hazardous waste regulation. Read the press release from Senator Rachel May’s office here. However, despite strong support from both the Senate, and the Assembly, as well as many key environmental groups, the Legislature adjourned for the 2019 session without bringing the law to a final vote. Said Elizabeth Moran, of the New York Public Interest Research Group (NYPIRG), “I want to believe it was primarily a question of timing… Sadly, a dangerous practice is now going to continue for at least another year.”

 

See Earthworks’ recent three part in-depth reporting on national, New York, and Pennsylvania oil and gas waste, with mapping support by FracTracker Alliance.

All part of the big picture

As long as hydrocarbon extraction continues, the issues of waste disposal—in addition to carbon increases in the atmosphere from combustion and leakage—will result in impacts on human and environmental health. Communities downstream and downwind will bear the brunt of landfill expansions, water contamination, and air pollution. Impacts of climate chaos will be felt globally, with the greatest impacts at low latitudes and in the Arctic.

Transitioning to net-zero carbon emissions cannot be a gradual endeavor. Science has shown that in order to stay under the 1.5 °C warming targets, it must happen now, and it requires the governmental buy-in to the Paris Climate Agreement by every economic power in the world.

No exceptions. Life on our planet requires it.

We have, at most, 12 years to make a difference for generations to come.

By Karen Edelstein, Eastern Program Coordinator, FracTracker Alliance

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Ohio Secret Fracking Chemicals Report

Ohio’s Secret Fracking Chemicals

Ohio’s Secret Fracking Chemicals

Records Show Widespread Use of Secret Fracking Chemicals Poses Risks to Water Supplies, Health in the Buckeye State

Photo from the U.S. Environmental Protection Agency showing a fire on June 28-29, 2014 at the Eisenbarth Well operated by Statoil in Monroe County, Ohio. The photographer is not listed.[i]

Ohio’s Secret Fracking Chemicals:

Records Show Widespread Use of Secret Fracking Chemicals Poses Risks to Water Supplies, Health in the Buckeye State

A Research Report by Dusty Horwitt, J.D.
Partnership for Policy Integrity
September 16, 2019

This report, by Partnership for Policy Integrity, with mapping and data analysis by FracTracker Alliance, shows that Ohioans may be unknowingly exposed to toxic secret drilling and fracking chemicals through multiple pathways including leaks, spills, air emissions and underground migration at oil and gas production wells.

Evidence compiled by the U.S. Environmental Protection Agency (EPA) including data released in response to a Freedom of Information Act request indicate that these chemicals could have serious health effects including blood toxicity, developmental toxicity, liver toxicity and neurotoxicity.


Take Action

Click on this link to jump to the Call to Action section of this page

On this page, you can read the report, use the interactive map to locate oil and gas wells fracked with secret chemicals, and write a letter of concern to first responders in your Ohio county.




1400

Number of Ohio oil and gas wells that have been injected with secret chemicals (2013 – 2018)

11000

Number of times secret fracking chemicals have been injected into Ohio wells (2013 – 2018)

13000000

average number of gallons used to frack a single well (2018)

70000

fish died after tens of thousands of gallons of chemicals spilled into a tributary from a natural gas well in Monroe County (2014)

Take Action

If you are concerned about the findings presented in the Ohio’s Secret Fracking Chemicals report, please consider taking action today. Multiple first responders, and grassroots organizations working on environmental and public health issues in Ohio ask that you complete the form below to send a letter to first responders in your county. If you do not live in Ohio, your letter will be sent to first responders Franklin County, Ohio.

Halt the Harm Network and FracTracker Alliance will send a paper copy of your letter to the appropriate first responder location(s). See below for a map of these locations by Ohio county.

EXAMPLE LETTER

You may compose your own letter or use the example letter below as a guide.

Take Action

If you are concerned about the findings presented in the Ohio’s Secret Fracking Chemicals report, please consider taking action today. Multiple first responders, and grassroots organizations working on environmental and public health issues in Ohio ask that you complete the form below to send a letter to first responders in your county. If you do not live in Ohio, your letter will be sent to first responders in Franklin County, Ohio.

Halt the Harm Network and FracTracker Alliance will send a paper copy of your letter to the appropriate first responder location(s). See below for a map of these locations by Ohio county.

EXAMPLE LETTER

You may compose your own letter or use the example letter below as a guide.

Dear Chief,

Thanks to you and all first responders for your selfless acts of service. I am reaching out because I am concerned that there are dangerous chemicals being used at fracking sites in our county and across the county. Because the identity of many of these chemicals are kept secret, any spills or accidents present a significant risk to you as a first responder as well as to the public.

The report “Ohio’s Secret Fracking Chemicals” provides research about secret fracking chemicals and maps of oil and gas wells where secret fracking chemicals were used. The report’s author also interviewed Silverio Caggiano, Battalion Chief with the Youngstown Fire Department and an original member of the Ohio Hazardous Materials and Weapons of Mass Destruction Technical Advisory Committee. The Chief, the data, and the stories paint a clear picture of Ohio’s exposure to a mix of dangerous chemicals, lack of equipment, lack of training, and inadequate information. This failure by the State and other authorities creates risks for your first responders and all of us in the community.

Please join us in the fight against secret chemicals in our community by calling for the following measures to be put in place:

  • Require full public disclosure of drilling and fracking chemicals in one location where information can be easily searched and sorted (e.g. citizens can locate each well in which toxic chemicals were used).
  • Require disclosure before drilling and fracking occurs.
  • Require that no Class II wells for underground fracking wastewater disposal be permitted in Ohio unless disposal companies report all of the following in their permit requests: A) Average and Maximum Volumes, B) Average and Maximum wellhead pressures, C) Groundwater/water source and rate of withdrawal, D) Egress
  • Require testing of groundwater and well water for a representative number of homes within 2 miles of oil and gas wells and underground injection wells by impartial third parties to guard against migration of toxic chemicals. Data should be collected monthly.
  • Grant communities the power to determine where, and under what conditions, drilling and fracking occur.
  • Demand companies that operate underground fracking wastewater injection wells pay for independent third parties to conduct groundwater monitoring and data collection about health impacts.
  • Require that all haulers transporting fracking wastewater, also known as brine, permitted to operate in Ohio maintain complete manifests for every truck and maintain GPS tracking for all routes into and out of the state as well as across state lines.
  • Require all brine haulers report the number of trucks in operation and how they go about cleaning each truck on a quarterly basis.
  • Require that all brine haulers list where they maintain truck yards in addition to where they are domiciled.
  • Require that all waste landfills in Ohio collect detailed manifest on tonnage of drill cuttings coming into their facilities, source by company and well API, and that all waste be tested for radioactivity level that the level shall not exceed 1-2 picocuries per gram.

You have my full support in requests for this information. It is important to all of us. Please let me know if you have seen the report, reviewed the chemicals, and have appropriate response, training, and equipment in place.

Sincerely,

Letter to Ohio first Responders Re: Secret Fracking Chemicals

Letter to Ohio first Responders Re: Secret Fracking Chemicals

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Ohio First Responders by County

Click on your county to learn more

Photograph of the Eisenbarth well site is from the U.S. Environmental Protection Agency. The photographer is not listed.[ii]

[i] U.S. Environmental Protection Agency. On Scene Coordinator. Eisenbarth Well Response. Fire Damage on Eisenbarth Well Pad (June 29, 2014). Accessed September 2, 2019 at https://response.epa.gov/site/image_zoom.aspx?site_id=9350&counter=221854&category=.

[ii] U.S. Environmental Protection Agency. On Scene Coordinator. Eisenbarth Well Response. View of Damaged Equipment on Well Pad (June 29, 2014). Accessed September 2, 2019 at https://response.epa.gov/site/image_zoom.aspx?site_id=9350&counter=221847&category=.