A new collaboration between FracTracker Alliance and Algalita is aiming to help middle school and high school students understand the connection between plastics and fracking — and the wide ranging implications for climate change, environmental injustice, and human health.
Most young people today understand that plastics are problematic. But, there is still often a disconnect between the symptom of plastics in our oceans, and the root causes of the problem. Algalita’s mission is to empower a new generation of critical thinkers to shift the broken and unjust systems that are causing the plastic pollution crisis. Algalita’s strategy is creating educational experiences directly with the movement’s diverse leaders, and this new project with FracTracker is a perfect example.
Specifically, Algalita and FracTracker have been working together to add new lessons to Algalita’s brand-new online, gamified, action platform: Wayfinder Society. Through this program, students can guide their own exploration of the complexities of the plastics issue, and can take action at their own pace and scale, by completing lessons and action-items (called Waymarks) based on difficulty, topic, and type of impact.
The first of two FracTracker Waymarks outlines the connection between fracking and plastic production. Students explore a map showing the full plastics production process from fracking pads, to pipelines, to ethane crackers, and packaging factories.
In a second Waymark that builds off of the first, students explore the massive petrochemical buildout on the Gulf Coast and in the Ohio River Valley. The map allows students to analyze the greenhouse gas emissions predicted for this buildout using the data point pop-up boxes. They can also examine the effects of climate change on communities amongst the buildout by viewing the coastal flood zone areas in Texas and Louisiana. Beyond that, students can investigate how facilities are impacting their peers in schools close to massive ethane cracker facilities. Finally, students are introduced to the movement’s #PlasticFreePresident Campaign, giving them a direct action to apply their new knowledge.
Mapping Fracking’s Link to Plastic Production
This StoryMap was created by FracTracker for Wayfinder Society, a program by Algalita. Learn more at Algalita.org. Place your cursor over the image and scroll down to advance the StoryMap and explore a series of maps charting the fracking-for-plastic system. Click on the icon in the bottom left to view the legend. Scroll to the end of the StoryMap to learn more and access the data sources.
Algalita is excited about this partnership for so many reasons. For one, GIS is a critical skill for young people to learn. These two Waymarks pose an accessible and non-intimidating introduction to ArcGIS by using simple maps and StoryMaps like the one above. The maps let students get comfortable with GIS concepts and capabilities like layers, data attribute tables, measuring tools, and filters. Allowing students to explore how plastics are produced through a geographical lens provides a unique visual and interactive experience for them. The goal is for students to be able to connect petrochem buildout, with the plastics, climate and justice issues that they are focusing on — often separately. Our aim is that by putting this part of the story in context of real physical space they will more easily make those connections. We hope these lessons spark some students’ interest in mapping, geography, and GIS, providing a new generation of changemakers with GIS in their toolbox.
On top of that, we are stoked to be building this partnership with FracTracker because the success of our collective movement depends on strong, clear communication and synergies between the nodes of the movement’s network. The FracTracker Waymarks give our Wayfinders direct access to real-time data, visualizations, and expert insights that they can then use to level-up their actions and stories around their activism. And, they connect the dots not just for students, but also for educators and movement partners like us at Algalita — we are all for this powerful lever for change!
Check out Wayfinder Society here. Access the FracTracker Waymarks here and here— but you’ll need to be logged in. If you’re a student, get started by creating a profile, and then start earning Cairns (points)! If you’re an educator, parent or mentor, and interested in exploring the site, email us here for the guest login.
By Anika Ballent, Education Director, Algalita
Algalita empowers a new generation of critical thinkers who will shift the broken and unjust systems that are causing the plastic pollution crisis. We do this by offering educational experiences created directly with the movement’s diverse leaders.
Anika has been working in the movement against plastic pollution for ten years, studying microplastics in benthic and freshwater environments. She brings together her science background and creativity to educate young changemakers through hands-on experiences in schools, Algalita’s International Youth Summit, and online programs.
All other data points were mapped by FracTracker Alliance referencing various online sources. While this map is based on actual infrastructure, it is intended as a model of the fracking-for-plastic lifecycle and certain steps may vary in real life.
The production of fracking waste in the Appalachian Basin puts public health and safety at risk.
Fracking produces more than just oil and gas — billions of gallons of highly toxic waste are also created in the process. Regulatory loopholes have led to limited oversight into how this waste is tracked and treated, putting public health and safety at risk.
The maps below explore issues related to fracking waste from the Marcellus and Utica Shale regions of Pennsylvania, Ohio, New York, and West Virginia.
This mapping platform is an evolving tool based on available data — yet the opaqueness of the fracking industry limits our ability to map and analyze the full scope of the problem of fracking waste in the Appalachian Basin.
Unfortunately, even after sifting through thousands of data points, we’re left with many outstanding questions — what are the chemical components of the waste created? Where is it all sent? Where are its byproducts sent? What facilities are being planned and proposed? How much illegal dumping occurs?
The production of fracking waste in the Appalachian Basin will continue to create environmental and public health threats for decades after the industry leaves the region. Wells can continue to generate wastewater for years and contaminated equipment sent to landfills will leach toxins into the environment. Furthermore, with the industry’s history of failing to restore land after it has been used for oil and gas operations, we can expect abandoned fracking sites to become an increasing source of pollution in the Appalachian Basin in the coming decades. It’s imperative that the public have access to accurate and detailed data on fracking waste to protect the health of workers and residents.
By Erica Jackson, Community Outreach & Communications Specialist, FracTracker Alliance
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/01/Utica-and-Marcellus-shale-plays-feature-scaled.jpg6671500Erica Jacksonhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngErica Jackson2021-01-15 17:36:502021-04-16 19:46:43Fracking Waste in the Appalachian Basin – A Story Map
In this article, we’ll take a look at the current trend in “re-branding” incineration as a viable option to deal with the mountains of garbage generated by our society. Incineration can produce energy for electricity, but can the costs—both economically, and ecologically—justify the benefits? What are the alternatives?
Changes in our waste stream
In today’s world of consumerism and production, waste disposal is a chronic problem facing most communities worldwide. Lack of attention to recycling and composting, as well as ubiquitous dependence on plastics, synthetics, and poorly-constructed or single-use goods has created a waste crisis in the United States. So much of the waste that we create could be recycled or composted, however, taking extraordinary levels of pressure off our landfills. According to estimates in 2017 by the US Environmental Protection Agency (EPA), over 30 percent of municipal solid waste is made up of organic matter like food waste, wood, and yard trimmings, almost all of which could be composted. Paper, glass, and metals – also recyclable – make up nearly 40 percent of the residential waste stream. Recycling plastic, a material which comprises 13% of the waste stream, has largely been a failed endeavor thus far.
Why say NO to incinerators?
They are bad for the environment, producing toxic chlorinated byproducts like dioxins. Incineration often converts toxic municipal waste into other forms, some of which are even more toxic than their precursors.
They often consume more energy than they produce and are not profitable to run.
They add CO2 to the atmosphere.
They promote the false narrative that we can “get something” from our trash
They detract from the conversation about actual renewable energy sources like wind power, solar power, and geothermal energy that will stop the acceleration of climate chaos.
Nevertheless, of the approximately 400 million tons of plastic produced annually around the world, only about 10% of it is recycled. The rest winds up in the waste stream or as microfragments (or microplastics) in our oceans, freshwater lakes, and streams.
According to an EPA fact sheet, by 2017, municipal solid waste generation increased three-fold compared with 1960. In 1960, that number was 88.1 million tons. By 2017, this number had risen to nearly 267.8 million tons. Over that same period, per-capita waste generation rose from 2.68 pounds per person per day, to 4.38 pounds per person per day, as our culture became more wed to disposable items.
The EPA provides a robust “facts and figures” breakdown of waste generation and disposal here. In 2017, 42.53 million tons of US waste was shipped to landfills, which are under increasing pressure to expand and receive larger and larger loads from surrounding area, and, in some cases, hundreds of miles away.
How are Americans doing in reducing waste?
On average, in 2017, Americans recycled and composted 35.2% of our individual waste generation rate of 4.51 pounds per person per day. While this is a notable jump from decades earlier, much of the gain appears to be in the development of municipal yard waste composting programs. Although the benefits of recycling are abundantly clear, in today’s culture, according to a PEW Research Center report published in 2016, just under 30% of Americans live in communities where recycling is strongly encouraged. An EPA estimate for 2014 noted that the recycling rate that year was only 34.6%, nationwide, with the highest compliance rate at 89.5% for corrugated boxes.
Figure 3. Percent of Americans who report recycling and re-use behaviors in their communities, via Pew Research center
Historically, incineration – or burning solid waste – has been one method for disposing of waste. And in 2017, this was the fate of 34 million tons—or nearly 13%– of all municipal waste generated in the United States. Nearly a quarter of this waste consisted of containers and packaging—much of that made from plastic. The quantity of packaging materials in the combusted waste stream has jumped from only 150,000 tons in 1970 to 7.86 million tons in 2017. Plastic, in its many forms, made up 16.4% of all incinerated materials, according to the EPA’s estimates in 2017.
Figure 4: A breakdown of the 34.03 tons of municipal waste incinerated for energy in the US in 2017
What is driving the abundance of throw-away plastics in our waste stream?
Sadly, the answer is this: The oil and gas industry produces copious amounts of ethane, which is a byproduct of oil and gas extraction. Plastics are an “added value” component of the cycle of fossil fuel extraction. FracTracker has reported extensively on the controversial development of ethane “cracker” plants, which chemically change this extraction waste product into feedstock for the production of polypropylene plastic nuggets. These nuggets, or “nurdles,” are the building blocks for everything from fleece sportswear, to lumber, to packaging materials. The harmful impacts from plastics manufacturing on air and water quality, as well as on human and environmental health, are nothing short of stunning.
FracTracker has reported extensively on this issue. For further background reading, explore:
A report co-authored by FracTracker Alliance and the Center for Environmental Integrity in 2019 found that plastic production and incineration in 2019 contributed greenhouse gas emissions equivalent to that of 189 new 500-megawatt coal power plants. If plastic production and use grow as currently planned, by 2050, these emissions could rise to the equivalent to the emissions released by more than 615 coal-fired power plants.
Just another way of putting fossil fuels into our atmosphere
Incineration is now strongly critiqued as a dangerous solution to waste disposal as more synthetic and heavily processed materials derived from fossils fuels have entered the waste stream. Filters and other scrubbers that are designed to remove toxins and particulates from incineration smoke are anything but fail-safe. Furthermore, the fly-ash and bottom ash that are produced by incineration only concentrate hazardous compounds even further, posing additional conundrums for disposal.
Incineration as a means of waste disposal, in some states is considered a “renewable energy” source when electricity is generated as a by-product. Opponents of incineration and the so-called “waste-to-energy” process see it as a dangerous route for toxins to get into our lungs, and into the food stream. In fact, Energy Justice Network sees incineration as:
… the most expensive and polluting way to make energy or to manage waste. It produces the fewest jobs compared to reuse, recycling and composting the same materials. It is the dirtiest way to manage waste – far more polluting than landfills. It is also the dirtiest way to produce energy – far more polluting than coal burning.
Municipal waste incineration: bad environmentally, economically, ethically
Waste incineration has been one solution for disposing of trash for millennia. And now, aided by technology, and fueled by a crisis to dispose of ever-increasing trash our society generates, waste-to-energy (WTE) incineration facilities are a component in how we produce electricity.
But what is a common characteristic of the communities in which WTEs are sited? According to a 2019 report by the Tishman Environmental and Design Center at the New School, 79% of all municipal solid waste incinerators are located in communities of color and low-income communities. Incinerators are not only highly problematic environmentally and economically. They present direct and dire environmental justice threats.
Waste-to-Energy facilities in the US, existing and proposed
Activate the Layers List button to turn on Environmental Justice data on air pollutants and cancer occurrences across the United States. We have also included real-time air monitoring data in the interactive map because one of the health impacts of incineration includes respiratory illnesses. These air monitoring stations measure ambient particulate matter (PM 2.5) in the atmosphere, which can be a helpful metric.
What are the true costs of incineration?
These trash incinerators capture energy released from the process of burning materials, and turn it into electricity. But what are the costs? Proponents of incineration say it is a sensible way to reclaim or recovery energy that would otherwise be lost to landfill disposal. The US EIA also points out that burning waste reduces the volume of waste products by up to 87%.
The down-side of incineration of municipal waste, however, is proportionally much greater, with a panoply of health effects documented by the National Institutes for Health, and others.
Dioxins (shown in Figures 6-11) are some of the most dangerous byproducts of trash incineration. They make up a group of highly persistent organic pollutants that take a long time to degrade in the environment and are prone to bioaccumulation up the food chain.
Dioxins are known to cause cancer, disrupt the endocrine and immune systems, and lead to reproductive and developmental problems. Dioxins are some of the most dangerous compounds produced from incineration. Compared with the air pollution from coal-burning power plants, dioxin concentrations produced from incineration may be up to 28 times as high.
Federal EPA regulations between 2000 and 2005 resulted in the closure of nearly 200 high dioxin emitting plants. Currently, there are fewer than 100 waste-to-energy incinerators operating in the United States, all of which are required to operate with high-tech equipment that reduces dioxins to 1% of what used to be emitted. Nevertheless, even with these add-ons, incinerators still produce 28 times the amount of dioxin per BTU when compared with power plants that burn coal.
Even with pollution controls required of trash incinerators since 2005, compared with coal-burning energy generation, incineration still releases 6.4 times as much of the notoriously toxic pollutant mercury to produce the equivalent amount of energy.
Energy Justice Network, furthermore, notes that incineration is the most expensive means of managing waste… as well as making energy. This price tag includes high costs to build incinerators, as well as staff and maintain them — exceeding operation and maintenance costs of coal by a factor of 11, and nuclear by a factor of 4.2.
Figure 12. Costs of incineration per ton are nearly twice that of landfilling. Source: National Solid Waste Management Association 2005 Tip Fee Survey, p. 3.
Energy Justice Network and others have pointed out that the amount of energy recovered and/or saved from recycling or composting is up to five times that which would be provided through incineration.
Figure 13. Estimated power plant capital and operating costs. Source: Energy Justice Network
The myth that incineration is a form of “renewable energy”
Waste is a “renewable” resource only to the extent that humans will continue to generate waste. In general, the definition of “renewable” refers to non-fossil fuel based energy, such as wind, solar, geothermal, wind, hydropower, and biomass. Synthetic materials like plastics, derived from oil and gas, however, are not. Although not created from fossil fuels, biologically-derived products are not technically “renewable” either.
Biogenic materials you find in the residual waste stream, such as food, paper, card and natural textiles, are derived from intensive agriculture – monoculture forests, cotton fields and other “green deserts”. The ecosystems from which these materials are derived could not survive in the absence of human intervention, and of energy inputs from fossil sources. It is, therefore, more than debatable whether such materials should be referred to as renewable.
Although incineration may reduce waste volumes by up to 90%, the resulting waste-products are problematic. “Fly-ash,” which is composed of the light-weight byproducts, may be reused in concrete and wallboard. “Bottom ash” however, the more coarse fraction of incineration—about 10% overall—concentrates toxins like heavy metals. Bottom-ash is disposed of in landfills or sometimes incorporated into structural fill and aggregate road-base material.
How common is the practice of using trash to fuel power plants?
Trash incineration accounts for a fraction of the power produced in the United States. According to the United States Energy Information Administration, just under 13% of electricity generated in the US comes from burning of municipal solid waste, in fewer than 65 waste-to-energy plants nation-wide. Nevertheless, operational waste-to-incineration plants are found throughout the United States, with a concentration east of the Mississippi.
According to EnergyJustice.net’s count of waste incinerators in the US and Canada, currently, there are:
88 operating
41 proposed
0 expanding
207 closed or defeated
Figure 14. Locations of waste incinerators that are already shut down. Source: EnergyJustice.net)
Precise numbers of these incinerators are difficult to ascertain, however. Recent estimates from the federal government put the number of current waste-to-energy facilities at slightly fewer: EPA currently says there are 75 of these incinerators in the United States. And in their database, updated July 2020, the United States Energy Information Administration (EIA), lists 63 power plants that are fueled by municipal solid waste. Of these 63 plants, 40—or 66%—are in the northeast United States.
Regardless, advocates of clean energy, waste reduction, and sustainability argue that trash incinerators, despite improvements in pollution reduction over earlier times and the potential for at least some electric generation, are the least effective option for waste disposal that exists. The trend towards plant closure across the United States would support that assertion.
Let’s take a look at the dirty details on WTE facilities in three states in the Northeastern US.
Review of WTE plants in New York, Pennsylvania, and New Jersey
A. New York State
Operational WTE Facilities
In NYS, there are currently 11 waste-to-energy facilities that are operational, and two that are proposed. Here’s a look at some of them:
The largest waste-to-energy facility in New York State, Covanta Hempstead Company (Nassau County), was built in 1989. It is a 72 MW generating plant, and considered by Covanta to be the “cornerstone of the town’s integrated waste service plan.”
According to the Environmental Protection Agency’s ECHO database, this plant has no violations listed. Oddly enough, even after drawing public attention in 2009 about the risks associated with particulate fall-out from the plant, the facility has not been inspected in the past 5 years.
Other WTE facilities in New York State include the Wheelabrator plant located in Peekskill (51 MW), Covanta Energy of Niagara in Niagara Falls (32 MW), Convanta Onondaga in Jamesville (39 MW), Huntington Resource Recovery in Suffolk County (24.3 MW), and the Babylon Resource Recovery Facility also in Suffolk County (16.8 MW). Five additional plants scattered throughout the state in Oswego, Dutchess, Suffolk, Tioga, and Washington Counties, are smaller than 15 MW each. Of those, two closed and one proposal was defeated.
Closed / Defeated Facilities
The $550 million Corinth American Ref-Fuel, was proposed for Corinth, New York. It was designed to take 1.27 million tons of New York City waste/year, even more than what is planned for the CircularEnerG plant. It was defeated ~2004. Population of 864 in immediate vicinity of plant, 98% white, income $59K.
Fire Island, Saltaire Incinerator closed. Took 12 tons/day. It was opened in 1965s, but not designed to produce energy, just burn trash. There was a population of 317 in immediate vicinity of plant, 93% white, income $123K.
The Long Beach incinerator processed 200 tons per day of solid waste. This plant was operating in 1988, but closed in 1996.
The Albany Steam Plant closed in 1994. When it was operational, it took in 340-600 tons of trash per day. Environmental justice issues were plentiful at this plant, with over 99% of the area as African American, according to the LA Times coverage of the issue.
CircularEnerG, was a 50 MW plant proposed in Romulus, on the former Seneca Army Depot, in the middle of largely white Seneca County, New York. However, the nearest large population to the proposed site was the 1500-prisoner capacity Five Points Correctional facility, swaying the demographics to nearly 52% African American in the highest impact zone. More broadly, the facility was in the heart of the Finger Lakes wine region, known for its extraordinary scenery, clean lakes, and award-winning wines. This facility was broadly opposed by nearly all the surrounding municipalities and counties, and mired in controversy about improper procedures and a designation by a local zoning officer as a “renewable” source of energy in its early filing papers.
Local advocacy groups, Seneca Lake Guardian (an affiliate of the Waterkeeper Network), and the Finger Lakes Wine Business Coalition worked exhaustively with the legal group, Earthjustice, to stop the project.
Figure 15. Map of regional governments and organizations opposed to construction of Romulus waste-to-energy incinerator in New York State
In March 2019, after state lawmakers, along with Governor Andrew Cuomo came out against the trash incinerator, the special use permit application for the facility was withdrawn.
Plans were also in development for a garbage-to-gas plant in the Hudson River community of Stony Point, New York. The company, New Planet Energy, had hoped to construct the gasification plant that would accept 4,500 tons of waste daily, brought in each day by approximately 400 trucks, according to an article in Lohud, May 1, 2018. However, the owner of the property eventually backed out of the proposal shortly after the publication of the article, following an uptick in criticism about the project about environmental and traffic safety concerns. This property is also currently an active Superfund site.
Proposed WTE Facilities
In New York State, there are currently two proposed WTE facilities.
New York State has rejected the designation for WTE facilities since 2011. As of the latest reports, the company is pushing ahead with its plans, despite the widespread dislike for the project. A bill in the State Legislature has been introduced to block the project. Green Waste Energy has been proposed for Rensselaer, NY. This trash-burning gasification plant would accept 2500 tons of trash per day. However, in August 2020, the New York State Department of Environmental Conservation (DEC) denied the air quality permit for the facility. The developers may appeal this decision.
In New Windsor, NY, a project called W2E Orange County has been under consideration. Most recent news coverage of this project was three and a half years ago, so it is possible this project is not moving forward. The parent company of the project, Ensorga, appears to have contracted its operations to West Virginia.
B. Pennsylvania
Operational WTE Facilities
In Pennsylvania, six WTE facilities are currently operating. Two have been closed, and six defeated.
Proposed WTE Facilities
In Pennsylvania, there are currently no WTEs under consideration for construction.
Closed WTE Facilities
Chester Resource Recovery #1 was used from the late 1950s to 1979. The neighborhood is over 64% African American. This was one of three incinerators used here.
Westmoreland County WTE plant, which opened in 1986 and burned 25 tons of solid municipal waste per day, has been closed due to financial unviability, and lack of need for the steam that was produced, according to a report drafted in 1997. It was located in a densely populated area, and provided steam to a nursing home, jail, and low-income housing.
Defeated WTE Facility Proposals
Elroy trash-to-steam plant was located in a densely populated section of Franconia Township, Montgomery County, Pennsylvania. It was to handle 360 tons of waste per day and was located on the grounds of a rendering plant. The application for this plant was withdrawn in June, 1989. Citizens for a Clean Environment successfully defeated this project.
The Plasma Gasification Incinerator, located in Hazle Township, Pennsylvania, was proposed to burn 4,000 tons of trash per day. The median income in the immediate vicinity of the site is $46K. The application for this project was withdrawn.
The Pittston Trash Incinerator in a very low-income area of Luzerne County, Pennsylvania, was designed to burn 3,000 tons of trash per day. This project was defeated.
The $65 million Delta Thermo Muncy facility, which would have burned municipal waste and sewage sludge, was defeated in December, 2016. Citizens in the Energy Justice Network and Stop the Muncy Waste Incinerator organized and passed a set-back ordinance that made it impossible for the plant to locate there. This proposed plant, would have been located in Lycoming County, Pennsylvania. The plan there was to decompose trash and sewage through a hydrothermal technique to create pellets, which would then be burned to yield energy.
Originally proposed in 2007, the $49 million Delta Thermo Allentown plant has been fought for many years by Allentown Residents for Clean Air. If built, it would generate 2 MW of energy, and receive 100 tons of municipal waste each day and 50 tons of sewage sludge. The plant is located in a densely-populated, predominately Hispanic neighborhood. There has been no news on this project in over four years, so this project appears to have been defeated.
Glendon Energy proposed building an incinerator in Northampton County, Pennsylvania. This proposal was also defeated.
C. New Jersey
Operational WTE Facilities
And in New Jersey, there are currently four operating WTE facilities. Essex County Resource Recovery Facility, is New Jersey’s largest WTE facility. It opened in 1990, houses three burners, and produces 93 MW total.
Three WTE facilities are currently proposed in New Jersey. Jefferson Renewable Energy Trash Incinerator (Jersey City, New Jersey) is designed to produce 90 MW of power, accepting 3,200 tons/day solid waste, plus 800 tons/day construction/demo waste.
Delta Thermo Sussex is designed to burn both municipal solid waste and sewage sludge. And DTE Paterson would accept 205 tons of waste/day. The price tag to build this small facility is not so small: $45 million.
Closed WTE Facilities
Two WTE plants in New Jersey are no longer in operation. These include Fort Dix, which opened in 1986 and burned 80 tons of trash per day; and Atlantic County Jail, which opened in 1990 and burned 14 tons of trash per day.
Throw-aways, burn-aways, take-aways
Looming large above the arguments about appropriate siting, environmental justice, financial gain, and energy prices, is a bigger question:
How can we continue to live on this planet at our current rates of consumption, and the resultant waste generation?
The issue here is not so much about the sources of our heat and electricity in the future, but rather “How MUST we change our habits now to ensure a future on a livable planet?”
Professor Paul Connett (emeritus, St. Lawrence University), is a specialist in the build-up of dioxins in food chains, and the problems, dangers, and alternatives to incineration. He is a vocal advocate for a “Zero Waste” approach to consumption, and suggests that every community embrace these principles as ways to guide a reduction of our waste footprint on the planet. The fewer resources that are used, the less waste is produced, mitigating the extensive costs brought on by our consumptive lifestyles. Waste-to-energy incineration facilities are just a symptom of our excessively consumptive society.
Dr. Connett suggests these simple but powerful methods to drastically reduce the amount of materials that we dispose — whether by incineration, landfill, or out the car window on a back-road, anywhere in the world:
Source separation
Recycling
Door-to-door collection
Composting
Building Reuse, Repair and Community centers
Implementing waste reduction Initiatives
Building Residual Separation and Research centers
Better industrial design
Economic incentives
Interim landfill for non-recyclables and biological stabilization of other organic materials
Connett’s Zero Waste charge to industry is this: “If we can’t reuse, recycle, or compost it, industry shouldn’t be making it.” Reducing our waste reduces our energy footprint on the planet.
In a similar vein, FracTracker has written about the potential for managing waste through a circular economics model, which has been successfully implemented by the city of Freiburg, Germany. A circular economic model incorporates recycling, reuse, and repair to loop “waste” back into the system. A circular model focuses on designing products that last and can be repaired or re-introduced back into a natural ecosystem.
This is an important vision to embrace. Every day. Everywhere.
For more in-depth and informative background on plastic in the environment, please watch “The Story of Plastic” (https://www.storyofplastic.org/). The producers of the film encourage holding group discussions after the film so that audiences can actively think through action plans to reduce plastic use.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/10/Waste-to-Energy-facilities-in-the-US-feature--scaled.jpg6671500Karen Edelsteinhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngKaren Edelstein2020-10-19 15:11:492021-04-15 14:16:05Incinerators: Dinosaurs in the world of energy generation
Fracking has been raised as an issue that could determine the outcome of the 2020 US presidential election. Republican candidates have cited erroneous figures of how many fracking jobs exist in Pennsylvania, and have falsely claimed that Democratic presidential candidate Joe Biden and running mate Kamala Harris seek to ban fracking. And while the Democratic candidates have made suggestive comments in the past, they have made their position clear. As Senator Harris stated in the vice presidential debate: “I will repeat, and the American people know, that Joe Biden will not ban fracking. That is a fact.”
The debate around this issue is not on whether or not fracking should be banned– something neither party advocates– but rather around the facts. Republican candidates have inflated the extent of fracking jobs by up to 3500 percent. But the natural gas industry and the fracking boom have failed to deliver the job growth and prosperity that was predicted by proponents a decade ago. In reality, the total number of jobs in the natural gas industry in Pennsylvania never reached more than 30,000 over the last five years and is now less with the industry’s economic decline.
The total number of jobs in the natural gas industry in Pennsylvania never reached more than 30,000 over the last five years and is now less with the industry’s economic decline.
The debate should not be around the facts- those are already firmly established. The debate should be around how to best support fossil fuel workers in the inevitable transition to cleaner energy. What does a just transition that supports workers and the climate look like?
FracTracker Alliance and The Breathe Project have compiled a fact sheet to help us answer this question based on where Pennsylvania currently stands.
Straight Talk on the Future of Jobs in Pennsylvania (September 2020)
The Breathe Project and FracTracker Alliance have crafted the following messaging for refuting the conflated job numbers being touted by pro-fossil fuel organizations and political candidates regarding fracking and jobs in Pennsylvania that, in some cases, has inflated natural gas jobs in the state by 3500 percent.
The natural gas industry and the fracking boom have failed to deliver the job growth and prosperity that was predicted by proponents a decade ago. The total number of jobs in the natural gas industry in Pennsylvania never reached more than 30,000 over the last five years and is now less with the industry’s economic decline.
FACT: The Pa. Dept. of Labor and Industry (DLI) reported that direct employment in natural gas development totaled 19,623 in 2016. This was down from 28,926 total natural gas development jobs in 2015. This includes jobs in drilling, extraction, support operations and pipeline construction and transportation. (StateImpact, 2016)
Pa. DLI calculated the employment figures using data from six data classifications at the U.S. Bureau of Labor Statistics — specifically, the North American Industry Classification System (NAICS) codes for cured petroleum and natural gas extraction, natural gas liquid extraction, drilling oil and gas wells, support activities for oil and gas operations, oil and gas pipeline and related structures and pipeline transportation of natural gas. (Natural Gas Intel, 2016)
Inflated estimates of fracking-related jobs in Pennsylvania under previous Gov. Tom Corbett included regulators overseeing the industry as gas jobs, truck drivers, and those working in highway construction, steel mills, coal-fired power plants, sewage treatment plants, and others. Pa. Gov. Tom Wolf’s administration revised the way gas industry jobs were calculated to reflect a more accurate depiction of jobs in the sector.
FACT: Food & Water Watch calculated that there were 7,633 jobs pre-boom (2001 – 2006), which rose to 25,960 oil and gas industry jobs post-boom (2016 – 2018). (FWW, March 2020)
Food & Water Watch created a more accurate model using a definition that encompasses only jobs directly involved with domestic oil and gas production, specifically: oil and gas extraction; support activities for oil and gas operations; drilling oil and gas wells; oil and gas pipeline construction; and pipeline transportation.
FACT: The Food & Water Watch analysis also reports that misleadingly broad definitions in industry-supported job reports overstated the industries’ scope. The industry analysis included broad swaths of manufacturing industries including “fertilizer manufacturing,” convenience store workers, and gas station workers, which accounted for nearly 35 percent of all oil and gas jobs in their analysis. (FWW, PwC at 5 and Table 4 at 9, 2019)
FACT: As a point of comparison, in 2019, close to 1 million state residents were working in healthcare, 222,600 in education, and over 590,000 in local and state government. (Pennsylvania Bureau of Labor Statistics, July, 2020)
FACT: To forecast fracking-related job growth, the American Petroleum Institute used a model with exaggerated multipliers and faulty assumptions, such as the amount of purchases made from in-state suppliers, and it double counted jobs, leading to wildly optimistic estimates. (Ohio River Valley Institute, August 2020)
FACT: In addition, many of the jobs claimed in a 2017 American Chemistry Council Appalachian petrochemical economic impact study would arise in plastics manufacturing, which raises two concerns. First, both the ACC study and subsequent reports by the U.S. Department of Energy assume that 90% of the ethylene and polyethylene produced by imagined Appalachian cracker plants would be shipped out of the region to be used in manufacturing elsewhere in the country and the world. Of the 10% that would presumably stay in the region, much or most of it would serve to replace supplies that the region’s plastics manufacturers currently source from the Gulf Coast. (Ohio River Valley Institute, August 2020)
The fracking and petrochemical industries create unsustainable boom and bust cycles that do not holistically improve local economies.
FACT: Economic analyses show that the oil and gas industry is a risky economic proposition due to the current global oversupply of plastics, unpredictable costs to the industry, a lower demand for plastics, and increased competition. The analyses call into question industry’s plans to expand fracking and gas infrastructure in the region. (IEEFA, August 2020)
FACT: Plans to build petrochemical plants in Beaver County, Pennsylvania and Belmont, Ohio, for the sole purpose of manufacturing plastic nurdles will not be as profitable as originally portrayed. (IEEFA Report, June 2020)
A clean energy economy is the only way forward.
FACT: The Dept. of Energy’s U.S. Energy and Employment Report (2017) and E2 Clean Jobs Pennsylvania Report (2020) shows that clean energy jobs in Pennsylvania employ twice as many people as the fossil fuel industry prior to the pandemic.
FACT: The 4-state region of Ohio, West Virginia, Kentucky and Pennsylvania has formed a coalition of labor, policy experts and frontline community leaders called Reimagine Appalachia. This coalition is in the process of addressing the vast number of jobs in renewable and clean energy industries in a report that will be published this fall.
Reimagine Appalachia seeks major federal funding packages that will create jobs, rebuild infrastructure and addresses climate change that will ensure that no one is left behind going forward.
The Breathe Project is a coalition of citizens, environmental advocates, public health professionals and academics using the best available science and technology to improve air quality, eliminate climate pollution and make our region a healthy, prosperous place to live.
FracTracker Alliance is a 501(c)3 organization that maps, analyzes, and communicates the risks of oil, gas, and petrochemical development to advance just energy alternatives that protect public health, natural resources, and the climate.
Feature image of construction of the Royal Dutch Shell cracker plant in Beaver County, Pennsylvania, October 2019. Ted Auch, FracTracker Alliance.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/10/TAuch_Plastics-Cracker_Construction-Shell-BeaverCounty_PA_Oct2019-Feature-scaled.jpg6671500Shannon Smithhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngShannon Smith2020-10-14 11:54:592021-04-15 14:16:07Straight Talk on the Future of Fracking Jobs in Pennsylvania
FracTracker Alliance has released a new mapof drilling fluid spills along the Mariner East 2 pipeline route, showing 320 spills from its construction since 2017. Of those, a combined 147 incidents have released over 260,000 gallons of drilling fluid into Pennsylvania waterways.
The unpermitted discharge of drilling fluid, considered “industrial waste,” into waters of the Commonwealth violates The Clean Streams Law.
What you need to know:
Sunoco’s installation of the Mariner East 2 pipeline has triggered 320 incidences of drilling mud spills since 2017, releasing between 344,590 – 405,990 gallons of drilling fluid into the environment. View an interactive map and see a timeline of these incidents.
Construction has caused between 260,672 – 266,223 gallons of drilling fluid to spill into waterways, threatening the health of ecosystems and negatively affecting the drinking water of many residents.
There have been 36 spills since Pennsylvania entered a statewide shutdown on March 16th, 2020, in response to the COVID-19 pandemic. These spills released over 10,000 gallons of drilling fluid — most of which poured into Marsh Creek Lake in Marsh Creek State Park. See a map of this incident.
While the total reported volume of drilling fluid released into the environment from the pipeline’s construction is between 344,590 – 405,990 gallons, the actual total is larger, as there are 28 spills with unknown volumes. Spills of drilling mud are also referred to as “inadvertent returns,” or “frac-outs.”
Most of these spills occurred during implementation of horizontal directional drills (HDD). HDDs are used to install a pipeline under a waterway, road, or other sensitive area. This technique requires large quantities of drilling fluid (comprising water, bentonite clay, and chemical additives), which when spilled into the environment, can damage ecosystems and contaminate drinking water sources.
ME2 Background
The Mariner East 2 pipeline project is part of the Mariner East pipeline system, which carries natural gas liquids (NGLs) extracted by fracked wells in the Ohio River Valley east, to the Marcus Hook Facility in Delaware County, Pennsylvania. The NGLs will then go to Europe to be turned into plastic. Explore FracTracker’s other resources on this project:
There have been 36 spills since the Commonwealth shutdown statewide on March 16th, 2020, leaks that have jeopardized drinking water sources, putting communities at even higher risk during the COVID-19 pandemic.
On August 11th, construction caused a 15-foot wide and eight-foot deep subsidence event in the wetland (Figure 1). This caused drilling fluid to flow underground and contaminate groundwater, while also “adversely impacting the functions and values of the wetland.” Thirty-three acres of the lake are now closed to boating, fishing, and other uses of the lake — an extra blow, given the solace state parks have provided to many during this pandemic.
Figure 1. This HDD crossing in Upper Uwchlan Township, Chester County, caused over 8,000 gallons of drilling mud to spill into waterways. However, installation of the parallel 16-inch pipeline also caused spills at this same location in 2017.
A plume of drilling mud, captured here on video, entered the Marsh Creek Lake and settled on the lake bottom.
Upper Uwchlan Reroute
Last week, the PA DEP ordered Sunoco to suspend work on this HDD site and to implement a reroute using a course Sunoco had identified as an alternative in 2017:
“A 1.01 mile reroute to the north of the HDD is technically feasible. This would entail adjusting the project route prior to this HDD’s northwest entry/exit point to proceed north, cross under the Pennsylvania Turnpike, then proceed east for 0.7 miles parallel to the turnpike, cross Little Conestoga Road, then turn south, cross under the turnpike, and then reintersect the existing project route just east of this HDD’s southeast entry/exit point. There is no existing utility corridor here, however; therefore, this route would create a Greenfield utility corridor and would result in encumbering previously unaffected properties. The route would still cross two Waters of the Commonwealth and possible forested wetlands, and would pass in near proximity or immediately adjacent to five residential home sites. Both crossings of the turnpike would require “mini” HDDs or direct pipe bores to achieve the required depth of cover under the highway. Considered against the possibility of additional IRs [inadvertent returns] occurring on the proposed HDD, which are readily contained and cleaned up with minimal affect to natural resources, the permanent taking of the new 4 easement and likely need to use condemnation against previously unaffected landowners results in SPLP’s opinion that managing the proposed HDD is the preferred option.”
Based on that description, the route could follow the general direction of the dashed line in Figure 2:
Figure 2. Possible reroute of Mariner East 2 Pipeline shown with dashed line
The August incident likely surprised no one, as it was not the first spill at this location, and Sunoco’s own assessment acknowledged that this HDD crossing came with “a moderate to high risk of drilling fluid loss and IRs.”
Residents also sounded alarm bells for this drilling site. The proposal for just this location garnered over 200 public comments, all of which called on the DEP to deny Sunoco’s permit for drilling in this area. Many implored the DEP to consider the alternate route Sunoco must now use.
George Alexander, a Delaware County resident who runs a blog on this pipeline, the Dragonpipe Diary, says, “Sunoco/Energy Transfer continues to demonstrate in real time that they cannot build the Mariner Pipelines without inflicting harm upon our communities … The Marsh Creek situation is reminiscent of the damage to another favorite Pennsylvania lake, Raystown Lake in Huntingdon County.”
In 2017, Sunoco spilled over 200,000 gallons of drilling fluid into Raystown Lake, and released millions more underground. The spill caked acres of the lakebed with a coating of mud, hurting aquatic life and limiting recreational access to the lake. Sunoco failed to report the spills when they occurred, and the DEP fined the company $1.95 million for the incident. The fine is one of many Sunoco has incurred, including a $12.6 million penalty in February 2018 for permit violations, and more recently, a $355,636 penalty for drilling fluid discharges into waterways across eight counties.
The fracking boom triggered investment in projects to convert the fracked gas to plastic, leading to an oversupply in the global market. The industry made ambitious plans based on the price of plastic being $1/pound. Now, in 2020, the price is 40 – 60 cents per pound. If the Mariner East 2 pipeline is brought online, it likely will not be as profitable as its operators expected.
The poor finances of the oil and gas industry have led to the demise of several pipeline projects over the last few months. Phillips 66 announced in March it was deferring two pipelines — the Liberty Pipeline, which would transport crude oil from Wyoming to Oklahoma — and the Red Oak Pipeline system, planned to cross from Oklahoma to Texas. Kinder Morgan expressed uncertainty for its proposed Texas Permian Pass pipeline, and Enterprise Products Partners cancelled its Midland-to-ECHO crude oil pipeline project. The Atlantic Coast Pipeline also was cancelled this past July by Duke Energy and Dominion Energy, following “an unacceptable layer of uncertainty and anticipated delays,” and the Williams Constitution pipeline was also abandoned after years of challenges. In fact, the EIA recently reported that more pipeline capacity has been cancelled in 2020 than new capacity brought in service.
Will the Mariner East 2 be the next to fall?
Before you go
A note from the Safety 7: The Safety 7 are seven residents of Delaware and Chester Counties who are challenging Sunoco before the [Pennsylvania Public Utility Commission]. If you are outraged at the ongoing threat to our communities from this dangerous, destructive pipeline, please consider donating to the Safety 7 Legal fund … Our next hearing begins September 29, and funds from your support are urgently needed. This motion is representative of the kind of legal work we need, if we are to prevail in protecting our communities from this dangerous pipeline project. Please contribute today if you are able, and please share this appeal widely and let your friends and family know why this case matters to you!
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/09/ME2FeatureImage.jpg6661500Erica Jacksonhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngErica Jackson2020-09-17 11:20:062021-04-15 14:16:08Mariner East 2 Causes Dozens of Spills Since Lockdown Began, Over 300 in Total
New Fortress Energy plans to build a liquefied natural gas (LNG) plant in Wyalusing, Pennsylvania, but residents in close proximity to the extensive facility and those along the transportation routes are pushing back due to health and safety concerns.
Overview
North America has an excess of fracked gas. The price of gas continues to plummet, due largely to an oversupply that exceeds market demand from Americans who want to enjoy their so-called “energy independence.” According to the United States Energy Information Administration (EIA), there is almost 18% more stored gas at the end of 2019 as there was at the end of 2018, translating to an increase of over 500 billion cubic feet over the course of a year.
What was once a promised economic boom to many communities has given way to bust. This is due, in part, to less production across the fracking fields, to the cancellation of numerous pipelines, and to the lack of domestic markets for fracked gas.
As costs for wind, solar, and grid-scale battery storage continue to drop, people are increasingly less reliant on fossil fuels. Aside from underground storage, what can industry do with all that excess product so industry has a justification to keep drilling?
Rather than cutting back on production, industry chooses to relieve domestic over-saturation by sending the gas off-shore for export.
While gas is typically moved from source to consumer via pipelines, transporting gas long distances overseas presents a technical challenge. Industry chooses to compress the gas under pressure or cryogenics so that it takes up less space. Liquefied natural gas, or LNG, is simply super-cooled methane, stored at minus 260 degrees Fahrenheit.
A new LNG project in northern Pennsylvania
A little more than a year ago, New Fortress Energy announced plans to invest $800 million to develop a liquefied natural gas plant along the scenic Susquehanna River in the Bradford County, Pennsylvania community of Wyalusing. In this quiet community of fewer than 600 people, formerly open fields and woodland are slated to be converted into massive LNG complex spanning 260 acres. The plant would produce approximately 3.6 million gallons of LNG each day.
Located on the site of the proposed LNG project is a historic marker, memorializing the pre-Colonial settlement of Friedenshütten. Here, indigenous Mahican, Lenape, and Haudenosaunee converts to Christianity lived with Moravian missionaries. The village was active between 1765 and 1772. According to Katherine Faull of Bucknell University “the Friedenshütten mission was dissolved in 1772, ostensibly because of the uncertainty of the land deals that had been made with the Cayuga who had jurisdiction over that part of Pennsylvania.” Portions of the settlement structure area visible in the 1768 map (Figure 1) are 700 feet from the New Fortress methane liquefaction buildings.
Figure 1. Map by Georg Wenzel Golkowsky, 1768 (TS Mp.213.13, Unity Archives, Herrnhut)
New Fortress Energy has plans to cut a 50-foot-wide stormwater drainage ditch directly through this historic site. Construction of the plant would reportedly create up to 500 temporary jobs, and 50 permanent ones.
Figure 2. Aerial view of site preparation work at the New Fortress LNG plant site. Source: Ted Auch, FracTracker Alliance
The site plan for the new facility, developed in October 2018, includes large gas engines, a liquefaction facility, a hydrocarbon impoundment basin, LNG storage and pumps, a gas treatment facility, transformers, and tanker staging areas. Some features are sited within 500 feet of the railroad.
Figure 3. Proposed site plan of the New Fortress LNG facility in Wyalusing, Pennsylvania. Map by FracTracker Alliance.
An air quality plan for the New Fortress LNG facility was approved in July, 2019. Although construction was well underway starting in spring 2019, work is currently paused on the site. New Fortress has not indicated when work would resume, but expects the construction process to span two to 2.5 years.
Where to, after Wyalusing?
Without an adequate market for the gas in the United States, LNG is destined for shipping overseas in specially-designed LNG carrier ships. In 2018, according to US government data reported in rigzone.com:
“….28 countries in total received LNG exports during 2018. However, just ten countries accounted for 82 percent of the U.S. LNG direct tanker exports that year and the top four markets shared 187 shipments between them. South Korea, the top destination, received 73 cargoes in all, followed by Mexico with 53, Japan with 37 and lastly China with 24. Of the remainder, Jordan, Chile, India, Turkey, Spain, Argentina, and Brazil took only a small number of shipments each. In addition to the standard large shipments of LNG in dedicated tankers, small shipments of LNG in special containers known as ISOs were sent to the Bahamas and Barbados.”
Presently, plans are in the works for the construction of a new LNG export facility in Gibbstown, New Jersey, located just downstream from Philadelphia on the Delaware River. The Gibbstown site was formerly the home of Dupont Repauno Works, where dynamite was manufactured from 1880 to 1954. Later, the main products made there were commodity chemicals such as nitric acid. The proposed export terminal design includes two 43-foot-deep docks that would accommodate LNG tankers.
The advocacy organization “Empower NJ” provides a comprehensive description here of the proposed expansion of the deepwater LNG export terminal at Gibbstown. LNG delivered to the site would be stored in an old underground cavern previously used by Dupont. While dredging for a single dock at Gibbstown was approved by the Delaware River in 2019, new plans to build two more loading berths at a second dock are now under consideration.
Modes of transportation from Wyalusing to Gibbstown
In collaboration with Delaware Riverkeeper Network (DRN), FracTracker looked at potential overland routes for how the LNG produced in Wyalusing would reach the nearest export terminal in Gibbstown, New Jersey, a distance of 200 or more miles away.
While transportation by rail of liquefied natural gas had not been permitted by federal regulations, a significant change in rules occurred in June 2020. Under pressure from the current administration in Washington, DC, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule that authorized the bulk transportation of LNG by rail.
Plans on how to deliver the LNG from the plant in Wyalusing to the export terminal in Gibbstown, New Jersey have not been finalized, and could be by roadway or railway, or both. According to the Wilkes-Barre, Pennsylvania-based Citizen’s Voice:
In its assessment, PHMSA concluded that transporting LNG via roadways carries the same inherent risks as railways, but there is a higher likelihood of an accident because of the larger number of trucks needed compared to train cars.
The DOT-113 tank cars New Fortress received approval for can carry nearly 30,700 gallons of LNG — three times more than a single tanker truck. But, because train cars carry significantly more LNG and are transported together along railways, an incident “could lead to higher consequences,” according to the environmental assessment.
How much risk?
Because there is little to no precedent of transporting such high volumes of liquefied natural gas on roads or railroads, the extent of the disaster that could occur from a leak or crash is generally unknown. However, Delaware Riverkeeper has cited research warning about the unique characteristics of supercooled gas if it rapidly expands and spreads across terrain:
“….transport of LNG has unique safety hazards, exposing those along this particular rail route to unprecedented and unjustifiable risk. An LNG release boils furiously into a flammable vapor cloud 600 times larger than the storage container. An unignited ground-hugging vapor cloud can move far distances,[1] and exposure to the vapor can cause extreme freeze burns. If in an enclosed space, it asphyxiates, causing death.1 If ignited, the fire is inextinguishable; the fire is so hot that second-degree burns can occur within 30 seconds for those exposed within a mile. An LNG release can cause a Boiling Liquid Expanding Vapor Explosion.[2] The explosive force of LNG is similar to a thermobaric explosion – a catastrophically powerful bomb. The 2016 U.S. Emergency Response Guidebook advises fire chiefs initially to immediately evacuate the surrounding 1-mile area.[3] No federal field research has shown how far the vapor cloud can move chiefs initially to immediately evacuate the surrounding 1-mile area.[4] No federal field research has shown how far the vapor cloud can move…”
You can read Delaware Riverkeeper’s full statement of the organization’s opposition to the transportation of LNG in rail cars here.
Visualizing the routes
FracTracker mapped the most likely transport routes by road and by rail, along with demographic information (Figures 5 – 9). In collaboration with DRN, we also assessed minority and low-income population density along each route, using the Environmental Protection Agency (EPA)’s environmental justice (EJ) screening dataset, EJSCREEN. “Minority” as defined by the United States Census data used by EPA, refers to individuals who reported their race and ethnicity as something other than “non-Hispanic White” alone.
On average, around 21% of the population along the truck routes, and about 25% of the population along the train routes, is part of an EJ community. EJ communities are those that are disproportionately impacted by environmental hazards and with increased vulnerability to said hazards. Due to systemic racism, injustice, and poverty, EJ communities tend to have higher proportions of residents who are low-income and/or minorities.
Total Population
Minority Population
Low-Income Population
Truck Route A
612,747
123,071 (20%)
122,830 (20%)
Truck Route B
929,236
207,924 (22%)
183,420 (20%)
Rail Route A
1,649,638
477,816 (29%)
392,577 (24%)
Rail Route B
1,947,544
479,500 (25%)
411,536 (21%)
Figure 4. Demographics of Environmental Justice (EJ) communities along New Fortress Energy’s liquified natural gas (LNG) transportation routes in the eastern United States.
Click here to view this map fullscreen, in its own window.
And click through the tabs below to see static images of the various routes.
Rail Route A
Figure 5. Rail Route A passes within 2 miles of a population of 1,649,638. 29% (477,816 individuals) are minorities, and 24% (392,577 individuals) are low income, according to 2010 US Census data compiled by the Environmental Protection Agency as part of their EJSCREEN program. Map made by FracTracker Alliance and published by Delaware Riverkeeper Network.
Rail Route B
Figure 6. Rail Route B passes within 2 miles of a population of 1,947,544. 25% (479,500 individuals) are minorities, and 21% (411,536 individuals) are low income, according to 2010 US Census data compiled by the Environmental Protection Agency as part of their EJSCREEN program. Map made by FracTracker Alliance and published by Delaware Riverkeeper Network.
Rail Route A Detail
Figure 7. Detail of Rail Route A close to proposed export terminal, and showing minority population density within 2 miles of the route. Map made by FracTracker Alliance and published by Delaware Riverkeeper Network.
Rail Route B Detail
Figure 8. Detail of Rail Route B close to proposed export terminal, and showing population density within 2 miles of the route. Map made by FracTracker Alliance and published by Delaware Riverkeeper Network.
Truck Route A
Figure 9. Truck Route A passes within 2 miles of a population of 612,747. 20% (123,071 individuals) are minorities, and 20% (122,830 individuals) are low income, according to 2010 US Census data compiled by the Environmental Protection Agency as part of their EJSCREEN program. Map made by FracTracker Alliance and published by Delaware Riverkeeper Network.
Truck Route B
Figure 10. Truck Route B passes within 2 miles of a population of 929,236. 22% (207,924 individuals) are minorities, and 20% (183,420 individuals) are low income, according to 2010 US Census data compiled by the Environmental Protection Agency as part of their EJSCREEN program. Map made by FracTracker Alliance and published by Delaware Riverkeeper Network.
Truck Route A Detail
Figure 11. Detail of Truck Route A close to proposed export terminal, and showing minority population density within 2 miles of the route.
Truck Route B Detail
Figure 12. Detail of Truck Route B close to proposed export terminal, and showing minority population density within 2 miles of the route. Map made by FracTracker Alliance and published by Delaware Riverkeeper Network.
Growing municipal and regulatory opposition to transport of LNG through communities
Municipal opposition against the plan to construct the LNG facility at Wyalusing is mounting. On Wednesday, September 2, 2020, the Borough Council of Clarks Summit, Pennsylvania (Lackawanna County) voted in opposition to the New Fortress Energy LNG project. Their resolution asked the Delaware River Basin Commission to vote to disapprove Dock 2, the cargo destination of the LNG trucks and trains that will be traversing Lackawanna County with their hazardous content.
And in most recent news, on September 10, the Delaware River Basin Commission (DRBC) voted to delay approving an application to expand the port facilities at Gibbstown, NJ that would have enabled LNG tankers to dock there. In this important turn of events, the representatives from New York, Delaware and New Jersey voted for the delay, while the Pennsylvania representative abstained, and the Federal representative from the US Army Corps of Engineers voted to deny it. The vote was preceded by a comment period in which the public expressed unanimous desire to stop the project, citing impacts to human and environmental health, as well as impacts from methane on climate catastrophe.
In the upcoming months, prior to when they meet again until December, the DRBC will more deeply consider the details of the application. Until that time, forward progress on the LNG plant and the export terminal is effectively halted.
8/24/21: This article was updated with the following information:
At their December meeting, the DRBC issued a final approval for construction of the terminal to move ahead, voting 4-0 in favor of the proposal, with the representative from New York State abstaining.
In conclusion
As communities start to consider the impacts to health and safety posed by massive fossil fuel infrastructure—whether that is pipelines, compressor stations, drilling operations, or rail and road transport—clean energy alternatives like solar, wind, and geothermal become the sensible option for all. We applaud the elected officials in Clarks Summit for their vote early this month, and look forward to more following suit.
To stay up to date on the regional pushback against LNG and engage your voice in resistance, learn more at protectnorthernpa.org or sign-up to become an E-activist with Delaware Riverkeeper Network.
Feature photo by Ted Auch, FracTracker Alliance, with aerial support by Lighthawk
[1] “Immediate ignition with liquid still on the ground could cause the spill to develop into a pool fire and present a radiant heat hazard. If there is no ignition source, the LNG will vaporize rapidly forming a cold gas cloud that is initially heavier than air, mixes with ambient air, spreads and is carried downwind.” P. 10 “Methane in vapor state can be an asphyxiant when it displaces oxygen in a confined space.” P. 11. SP 20534 Special Permit to transport LNG by rail in DOT-113C120W rail tank cars. Final Environmental Assessment. Docket No. PHMSA-2019-0100. December 5, 2019. P. 10.
[2] “LNG tank BLEVE is possible in some transportation scenarios.” Sandia National Laboratories, “LNG Use and Safety Concerns (LNG export facility, refueling stations, marine/barge/ferry/rail/truck transport)”, Tom Blanchat, Mike Hightower, Anay Luketa. November 2014. https://www.osti.gov/servlets/purl/1367739 P. 23.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/09/Aerial-view-of-site-preparation-work-at-the-New-Fortress-LNG-plant-site-scaled.jpg5681500Karen Edelsteinhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngKaren Edelstein2020-09-15 10:13:212021-08-24 14:53:19LNG development puts Wyalusing, Pennsylvania in the cross-hairs
By Emma Vieregge, FracTracker Summer 2020 Environmental and Health Fellow
Overview
Unconventional oil and natural gas development, or “fracking,” began in Pennsylvania in the early 2000s. Since then, over 12,000 unconventional wells have been drilled in the state, and over 15,000 violations have been documented at unconventional well sites. As fracking operations continue to expand, increasing numbers of residents have experienced significant health impacts and irreparable damage to their property. Southwest Pennsylvania in particular has been heavily impacted, with high concentrations of oil and gas infrastructure developed in Washington, Greene, and Fayette Counties.
Fracking operations have led to declining air quality, water and soil contamination, and drastic changes to the physical landscape including deforestation, habitat fragmentation, road construction, and damaged farmland. While the volume of scientific literature about the physical and mental health impacts of fracking is rising, few studies exist that specifically focus on residents’ perceptions of the changing physical landscape. The primary goal of this qualitative study was to identify residents’ attitudes about the changing physical landscape resulting from fracking operations. Furthermore, how have these landscape changes affected residents’ engagement with the outdoors and their overall health?
Mental health, green spaces, and a changing landscape
Many scientific studies have documented the relationship between fracking developments and mental health, and between mental health and access to green spaces and engagement with the outdoors. Peer-reviewed studies have looked at heavily fracked communities across the US, many of which focus on Pennsylvania residents. Methods typically involve one-on-one interviews, larger focus groups, surveys, or a combination of the three, to identify how living amongst oil and gas operations takes a toll on everyday life. These studies have found an increase in stress and anxiety, feelings of powerlessness against the oil and gas industry, social conflicts, sleep disturbances, and reduced life satisfaction. Additionally, residents have experienced disruptions in their sense of place and social identity. For a summary of published research about the mental health impacts from fracking, click here.
A healthy strategy many choose to cope with stress and anxiety is engagement in outdoor recreation. Having easily accessible “green spaces,” or land that is partly or completely covered with grass, trees, shrubs, or other vegetation such as parks and conservation areas have been shown to promote physical and mental health. Many scientific studies have identified significantly fewer symptoms of depression, anxiety, and stress in populations with higher levels of neighborhood green space.1 Additionally, green spaces can aid recovery from mental fatigue and community social cohesion.2 3 However, residents in Southwestern Pennsylvania may slowly see their access to green spaces and opportunities for outdoor recreation decline due to the expansion of fracking operations. Figure 1 below shows a visual representation of the interconnected relationship between fracking, access to green spaces, and negative mental health impacts.
Figure 1. The interconnected relationship between fracking operations, landscape changes and decreasing access to outdoor recreation, and negative mental health impacts.
In the last 10-15 years, fracking operations in Southwest Pennsylvania have exploded. The development of new pipelines, access roads, well pads, impoundments, and compressor stations is widespread and altering the physical landscape. Figure 2 below illustrates just one of many examples of landscape disruption caused from fracking operations.
Figure 2. Examples of changes in the physical landscape caused from fracking operations in Greene County (A) and Washington County (B), Pennsylvania. Images taken from Google Earth.
Additionally, this time-slider map (Figure 3) illustrates a larger scale view of landscape changes in Greene County, Pennsylvania in a region just east of Waynesburg.
Figure 3. Time-slider map of a region in Greene County, PA where the left portion of the map is imagery from 2005, and the right portion of the map is from 2017. Active oil and gas wells are indicated by a blue pin, and compressor stations are in green.
Study design
A qualitative study was conducted to answer the following research questions:
What are residents’ perception of the landscape changes brought about by fracking?
Have these landscape changes caused any mental health impacts?
Have changes to the physical landscape from oil and gas operations resulting in any changes in engagement with outdoor recreation?
To better understand these topics, residents living in Southwestern Pennsylvania were recruited to participate in one-on-one phone interviews, and an online survey was also distributed throughout the FracTracker Alliance network. Recruitment for the one-on-one phone interviews was accomplished through FracTracker’s social media, and email blasts through other partnering organizations such as Halt the Harm Network, People Over Petro, and the Clean Air Council. Similarly, the online survey was shared on FracTracker’s social media and also distributed through our monthly newsletter. Since this was not a randomized sample to select participants, these results should not be generalized to all residents living near oil and gas infrastructure. However, this study identifies how certain individuals have been impacted by the changing landscape brought about by fracking operations.
Eight residents completed phone interviews, all of whom resided in Washington County, PA. Residents were first asked how long they have lived in their current home, and if there was oil and gas infrastructure on or near their property. Oil and gas infrastructure was defined as well pads, compressor stations, pipelines, ponds or impoundments, or access roads. Next, residents were asked if they had any health concerns regarding fracking operations and gave personal accounts of how fracking operations have altered the physical landscape near their home and in their surrounding community. For those with agricultural land, additional questions were asked about fracking’s impact on residents’ ability to use their farmland. Lastly, residents were asked questions focused on engagement in outdoor recreation and if fracking had any impact on outdoor recreation opportunities. NVivo, a qualitative analysis software, was used identify emergent themes throughout the interviews,
In addition to the interviews, an online survey was also made available.The main purpose of the survey was to gauge where concerns about landscape changes from fracking operations fell in relation to other oil and gas impacts (i.e. air pollution, water contamination, excess noise and traffic, and soil contamination). Nine responses were recorded, and the results are discussed below. However, if you would like to add your thoughts, you can find the survey at https://www.surveymonkey.com/r/Z5DCWBD.
Main findings and emergent themes
Various emergent themes surrounding the oil and gas industry’s impact on public health and the environment were identified throughout the resident interviews. Residents shared their personal experiences and how they have been directly impacted by fracking operations, especially with reference to the changing physical landscape surrounding their homes and throughout their communities. Participants’ time of residence in Washington County ranged from 3 years to their entire life, and all participants had oil and gas infrastructure (well pad, pipelines, impoundment, access roads, or compressor station) on or next to their property.
Changes to the physical landscape and residents’ attitudes toward the altered environment
The first overarching theme was changes to the physical landscape and residents’ attitudes toward the altered environment. All interview participants expressed concerns about the changes to the physical landscape on or surrounding their property, especially regarding access roads and well pads. Although one participant mentioned that widening the township road in order to make room for fracking trucks benefited the local community, the majority of participants expressed frustration about the construction of access roads, excessive truck traffic, noise, and dust from the unpaved access roads. One individual stated, “My main concern is the dust from the road. I’m constantly breathing that in, and it’s all over my shed, on the cars, the inside of the house, the outside of the house.” Multiple participants discussed the oil and gas operations disrupting what was once peaceful farmland with beautiful scenery (see an example in Figure 4 below). Another individual stated, “And of course, the noise is just unbearable. They don’t stop…the clanging on the pipe, the blow off with the wells, pumps running, generators, trucks coming down the hill with their engine brakes on, blowing their horn every time they want another truck to move.”
Figure 4. Aerial view of oil and gas infrastructure next to a home in Scenery Hill, PA. Image courtesy of Lois Bower-Bjornson from the Clean Air Council.
Impacts to outdoor recreation activities
Impacts to outdoor recreation activities such as hunting, fishing, and hiking were another recurring theme throughout the interviews. Again, a majority of participants believed their opportunities to partake in outdoor recreation have been limited since fracking operations began in their area.
Among the top concerns was deteriorating air quality and increasing numbers of ozone action days, or days when the air quality index (AQI) for ozone reaches an unhealthy level for sensitive populations. Various participants expressed concerns about letting their children outside due to harmful air emissions and odors originating from well pads or compressor stations. Excessive truck traffic was also a safety concern that was mentioned, especially for those individuals with access roads on or neighboring their property.
Additionally, one individual noted landscape changes in areas commonly used for hiking stating, “You might be hiking along a trail and then realize that you’re no longer on the trail. You’re actually on a pipeline cut. Or you’ll get confused while you’re hiking because you’ll intersect with a road that was developed for a well pad, and it’s not on your map.” Along with hiking, participants also noted a change in hunting and fishing opportunities since fracking moved into the region. Concerns were expressed regarding harvesting any fish or wild game due to possible contamination from fracking chemicals, especially near watersheds with known chemical spills.
Going for a hike and immersing oneself in nature is a healthy way to unwind and relieve stress. However, a rising number of well pads and compressor stations are put in place near parks, hiking trails, and state game lands throughout Southwest Pennsylvania (Figure 5). Participants expressed concerns about feeling unable to escape oil and gas infrastructure, even when visiting these recreational areas. As one individual mentioned, “It really does change your experience of the outdoors. And, you know, it’s an area that’s supposed to be a protected natural area. Then you know you can’t really get away. Even there in public lands far away from buildings and roads. And you can’t really get away from it.”
Figure 5. A map of active oil and gas well pads and compressor stations in Washington County, Pennsylvania. Map layers also indicate wells pads and compressor stations within 1 mile of a park, hiking trail, ball park, or state game land.
But what are the mental health impacts that result from the changing physical landscape brought about by fracking? Aside from the physical health effects caused by fracking activity — such as respiratory illnesses from air pollution or skin irritation from contaminated well water — these landscape changes have taken a toll on participants’ mental health as well.
Sentimental value and emotional distress
Many participants described the sentimental value of their property, and the beautiful scenery surrounding their generational family farms. But after fracking began on neighboring property, witnessing their tranquil family farm suddenly become surrounded by dusty access roads, excessive truck traffic, noise, and deteriorating air quality took a serious emotional and mental toll. When asked about the impact of the changing landscape, one participant stated, “It’s the emotional part of watching her childhood farm being destroyed while she is trying to do everything she can to rebuild it to the way it used to be.”
An additional emergent theme surrounding fracking landscape changes was surrounding agricultural impacts. Participants with agricultural land were asked additional questions about fracking’s impacts on their ability to use their farmland. One individual noted that one of their fields was now unusable due to large rocks and filter fabrics left from construction of a well pad, and redirected runoff uphill of their fields. The loss of productive farmland has further contributed to the mental and emotional stress. One participant added, “Our house is ruined, our health is ruined, and our farms are ruined.” In addition to agricultural impacts on large farms, multiple participants also mentioned concerns about their smaller-scale gardens, citing uncertainty about the impacts of air pollution and soil contamination on their produce.
Feelings of powerlessness and social tension
Some participants mentioned feelings of powerlessness against the oil and gas industry. Many families were not consulted prior to fracking operations beginning adjacent to their property. In some cases, this has resulted in significant declines in property values, leaving residents with no financial means to escape oil and gas activity. It is important to note that many residents are given temporary financial incentives to allow fracking on their land. However, to some, the monetary compensation failed to make up for the toll fracking took on their physical and mental health. Lastly, some participants also mentioned feeling stress and anxiety from the social tension resulting from fracking. Debates about the restrictions and regulations on fracking have divided many communities, leading to conflicts and social tensions between once-amiable neighbors.
Survey results
In addition to the interviews, an online survey was distributed to gain more insight as to where concerns about the changing physical landscape fell in relation to other effects associated with oil and gas development (such as poor air quality, water or soil contamination, truck traffic, and noise).
Nine individuals responded to the survey, all of whom indicated having oil and gas infrastructure within five miles of their home. All respondents also indicated that they participated in a wide variety of outdoor recreation activities such as hiking, wildlife viewing/photography, camping, hunting, and fishing.
Interestedly, only five respondents stated they felt fracking had a negative impact on their health, three responded they were unsure, and one responded no. However, all participants felt fracking had a negative impact on their surrounding environment. When discussing outdoor recreation, eight of nine respondents stated they felt fracking limited their access to outdoor recreation opportunities.
Next, respondents indicated that the level of concern related to the changing landscape brought about by fracking was equal to concerns about air pollution, water and soil contamination, noise, and truck traffic (using a 5-point likert scale). Lastly, one respondent stated that they closed their outdoor recreation tourism business due to blowdown emission (the release of gas from a pipeline to the atmosphere in order to relieve pressure in the pipe so that maintenance or testing can take place) and noise from fracking operations.
Conclusion and future directions
In summary, fracking operations have deeply impacted these individuals living in Washington County, Pennsylvania. Not only do residents experience deteriorating air quality, water contamination, and physical health effects, but the mental and emotional toll of witnessing multigenerational farms become forever changed can be overbearing. Other mental health impacts included rising social tensions, feelings of powerlessness, and continuous emotional distress. Fracking operations continue to change the physical landscape, tarnishing Southwest Pennsylvania’s natural beauty and threatening access to outdoor recreation opportunities. Unfortunately, those not living in the direct path of fracking operations struggle to grasp the severity of fracking’s impact on families living with oil and gas infrastructure on or near their property. More widespread awareness of fracking’s impacts is needed to educate communities and call for stricter enforcement of regulations for the oil and gas industry. As one resident summed up their experiences,
“Engines are running full blast, shining lights, and just spewing toxins out there. And you can’t get away from it. You just can’t. You can’t drink the water. You can’t breathe the air. You can’t farm the ground. And you’re stuck here.”
Hopefully, shedding light on residents’ experiences such as these will bring policymakers to reconsider fracking regulations to minimize the impact on public health and the surrounding environment.
By Emma Vieregge, FracTracker Summer 2020 Environmental and Health Fellow
Acknowledgements
The 2020 Environmental Health Fellowship was made possible by the Community Foundation for the Alleghenies and the Heinz Endowments.
Many thanks to all participants who took the time to share their experiences with me, Lois Bower-Bjornson with the Clean Air Council, Jessa Chabeau at the Southwest Pennsylvania Environmental Health Project, and the FracTracker team for all of their feedback and expertise.
Feature image courtesy of Lois Bower-Bjornson from the Clean Air Council.
References:
1 Beyer, K., Kaltenbach, A., Szabo, A., Bogar, S., Nieto, F., & Malecki, K. (2014). Exposure to Neighborhood Green Space and Mental Health: Evidence from the Survey of the Health of Wisconsin. International Journal of Environmental Research and Public Health,11(3), 3453-3472. doi:10.3390/ijerph110303453
2 Berman, M. G., Kross, E., Krpan, K. M., Askren, M. K., Burson, A., Deldin, P. J., . . . Jonides, J. (2012). Interacting with nature improves cognition and affect for individuals with depression. Journal of Affective Disorders,140(3), 300-305. doi:10.1016/j.jad.2012.03.012
3 Maas, J., Dillen, S. M., Verheij, R. A., & Groenewegen, P. P. (2009). Social contacts as a possible mechanism behind the relation between green space and health. Health & Place,15(2), 586-595. doi:10.1016/j.healthplace.2008.09.006
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/08/Fracking-SW-PA-feature-Lois-Bower-Bjornson-scaled.jpg6671500Intern FracTrackerhttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngIntern FracTracker2020-08-20 11:07:572025-05-02 14:44:39Landscape Changes and Mental Health Impacts in Southwestern Pennsylvania Communities: A Qualitative Study
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?
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.
https://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2020/08/FracTracker-in-the-Field-promotion5-scaled.jpg8441500FracTracker Alliancehttps://www.fractracker.org/a5ej20sjfwe/wp-content/uploads/2021/04/2021-FracTracker-logo-horizontal.pngFracTracker Alliance2020-08-14 12:44:552021-04-15 14:16:11FracTracker in the Field: Building a Live Virtual Map
By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development
The oil and gas industry continues to use rhetoric focusing on national security and energy independence in order to advocate for legislation to criminalize climate activists. Backlash against protestors and environmental stewards has only increased since the onset of COVID-19, suggesting that industry proponents are exploiting this public health crisis to further their own dangerous and controversial policies.[1]
Industry actors contributing to the wave of anti-protest bills include American Petroleum Institute (API), IHS Markit, The American Fuel & Petrochemical Manufacturers (AFPM), and most effectively, the American Legislative Exchange Council (ALEC), by way of its primary financial backer, Koch Industries (Fang, 2014, Shelor, 2017).
ALEC is the source of the model legislation “Critical Infrastructure Protection Act” of 2017, intended to make it a felony to “impede,” “inhibit,” “impair,” or “interrupt” critical infrastructure operation and/or construction. Close approximations – if not exact replicas – of this legislative template have been passed in 11 hydrocarbon rich and/or pathway states, and 8 more are being debated in 4 additional states.
The “critical infrastructure” designation in ALEC’s “Critical Infrastructure Protection Act” is extremely broad, including over 70 pieces of infrastructure, from wastewater treatment and well pads, to ports and pipelines. However, along with the 259 Foreign Trade Zones (FTZ) (Figures 1 and 4) supervised by US Customs and Border Protection (CBP), security is of such importance because over 50% of this infrastructure is related to oil and gas. According to our analysis, there are more than 8,000 unique pieces of infrastructure that fall under this designation, with over 10% in the Marcellus/Utica states of Ohio, West Virginia, and Pennsylvania. See Figure 1 for the number of FTZ per state.
Regarding FTZ, the US Department of Homeland Security doesn’t attempt to hide their genuine nature, boldly proclaiming them “… the United States’ version of what are known internationally as free-trade zones … to serve adequately ‘the public interest’.” If there remains any confusion as to who these zones are geared toward, the US Department of Commerce’s International Administration (ITA) makes the link between FTZ and the fossil fuel industry explicit in its FTZ FAQ page, stating “The largest industry currently using zone procedures is the petroleum refining industry.” (Figure 2)
Figure 1. Number of Foreign-Trade Zones (FTZ) by state as of June 2020.
Figure 2. Foreign-Trade Zone (FTZ) Board of Actions in Zones 87 in Lake Charles, LA, 115-117 in and around Port Arthur, TX, and 122 in Corpus Christi, TX. (click on the images to enlarge)
Foreign-Trade Zone (FTZ) Board of Actions in Zone 87 in Lake Charles, Louisiana
Foreign-Trade Zone (FTZ) Board of Actions in Zones 115-117 in and around Port Arthur, Texas
Foreign-Trade Zone (FTZ) Board of Actions in Zone 122 in Corpus Christi, Texas
Much of the oil, gas, and petrochemical industries’ efforts stem from the mass resistance to the Dakota Access Pipeline (DAPL). Native American tribes and environmental groups spent months protesting the environmentally risky $3.78 billion dollar project, which began production in June 2017, after Donald Trump signed an executive order to expedite construction during his first week in office. The Standing Rock Sioux tribe also sued the US government in a campaign effort to protect their tribal lands. The world watched as Energy Transfer Partners (ETP), the company building the pipeline, destroyed Native artifacts and sacred sites, and as police deployed tear gas and sprayed protesters with water in temperatures below freezing.
ETP’s bottom line and reputation were damaged during the fight against DAPL. Besides increasingly militarized law enforcement, the oil and gas industry has retaliated by criminalizing similar types of protests against fossil fuel infrastructure. However, the tireless work of Native Americans and environmental advocates has resulted in a recent victory in March 2020, when a federal judge ordered a halt to the pipeline’s production and an extensive new environmental review of DAPL.
Just days ago, on July 6, 2020, a federal judge ruled that DAPL must shut down until further environmental review can assess potential hazards to the landscape and water quality of the Tribe’s water source. This is certainly a victory for the Standing Rock Sioux Tribe and other environmental defenders, but the decision is subject to appeal.
Since the DAPL conflict began, the industry has been hastily coordinating state-level legislation in anticipation of resistance to other notable national gas transmission pipelines, more locally concerning projects like Class II Oil and Gas Waste Injection Wells, and miles of gas gathering pipelines that transport increasing streams of waste – as well as oil and gas – to coastal processing sites.
The following “critical infrastructure” bills have already been enacted:
STATE
BILL
TITLE
DATE PASSED
West Virginia
HB 4615
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
3/25/20
South Dakota
SB 151
NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE
3/18/20
Kentucky
HB 44
NEW PENALTIES FOR PROTESTS NEAR PIPELINES AND OTHER INFRASTRUCTURE
3/16/20
Wisconsin
AB 426
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
11/21/19
Missouri
HB 355
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
7/11/19
Texas
HB 3557
NEW CRIMINAL AND CIVIL PENALTIES FOR PROTESTS AROUND CRITICAL INFRASTRUCTURE
6/14/19
Tennessee
SB 264
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
5/10/19
Indiana
SB 471
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
5/6/19
North Dakota
HB 2044
HEIGHTENED PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
4/10/19
Louisiana
HB 727
HEIGHTENED PENALTIES FOR PROTESTING NEAR A PIPELINE
5/30/18
Oklahoma
HB 1123
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
5/3/17
There are an additional eight bills proposed and under consideration in these six states:
STATE
PENDING
TITLE
DATE PROPOSED
Louisiana
HB 197
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
2/24/20
Minnesota
HF 3668
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
2/24/20
Mississippi
HB 1243
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
2/19/20
Alabama
SB 45
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
2/4/20
Minnesota
HF 2966
NEW PENALTIES FOR PROTESTS NEAR OIL AND GAS PIPELINES
1/31/20
Minnesota
SF 2011
NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
3/4/19
Ohio
SB 33
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
2/12/19
Illinois
HB 1633
NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
1/31/19
Desperate Backlash Against Peaceful Protest
Activists and organizations like the American Civil Liberties Union (ACLU) are framing their opposition to such legislation as an attempt to stave off the worst Orwellian instincts of our elected officials, whether they are in Columbus or Mar-a-Lago. On the other hand, industry and prosecutors are framing these protests as terroristic acts that threaten national security, which is why sentencing comes with a felony conviction and up to ten years in prison. The view of the FBI’s deputy assistant director and top official in charge of domestic terrorism John Lewis is that, “In recent years, the Animal Liberation Front and the Earth Liberation Front have become the most active, criminal extremist elements in the United States … the FBI’s investigation of animal rights extremists and ecoterrorism matters is our highest domestic terrorism investigative priority.”
It shocked many when last week, two protesters in the petrochemical-laden “Cancer Alley” region of Louisiana were arrested and charged under the state’s felony “terrorist” law. Their crime? Placing boxes of nurdles – plastic pellets that are the building blocks of many single-use plastic products – on the doorsteps of fossil fuel lobbyists’ homes. To make matters more ridiculous, the nurdles were illegally dumped by the petrochemical company Formosa Plastics.[2] This is outrageous indeed, but is the sort of legally-sanctioned oppression that fossil fuel industry lobbyists have been successfully advocating for years.
American Fuel & Petrochemical Manufacturers (AFPM) stated in a letter of support for ALEC’s legislative efforts:
“In recent years, there has been a growing and disturbing trend of individuals and organizations attempting to disrupt the operation of critical infrastructure in the energy, manufacturing, telecommunications, and transportation industries. Energy infrastructure is often targeted by environmental activists to raise awareness of climate change and other perceived environmental challenges. These activities, however, expose individuals, communities, and the environment to unacceptable levels of risk, and can cause millions of dollars in damage … As the private sector continues to expand and maintain the infrastructure necessary to safely and reliably deliver energy and other services to hundreds of millions of Americans, policymakers should continue to consider how they can help discourage acts of sabotage … Finally, it will also hold organizations both criminally and vicariously liable for conspiring with individuals who willfully trespass or damage critical infrastructure sites.”
Those organizations deemed ‘criminally and vicariously liable’ would in some states face fines an order of magnitude greater than the actual individual, which would cripple margin-thin environmental groups around the country, and could amount to $100,000 to $1,000,000. The AFPM’s senior vice president for federal and regulatory affairs Derrick Morgan referred to these vicarious organizations as “inspiring … organizations who have ill intent, want to encourage folks to damage property and endanger lives …”
One of the most disturbing aspects of this legislation is that it could, according to the testimony and additional concerns of ACLU of Ohio’s Chief Lobbyist Gary Daniels, equate “‘impeding’ and ‘inhibiting’ the ‘operations’ of a critical infrastructure site” with acts as innocuous as Letters to the Editor, labor strikes or protests, attending and submitting testimony at hearings, or simply voicing your concern or objections to the validity of industry claims and its proposals with emails, faxes, phone calls, or a peaceful protest outside critical infrastructure that raises the concern of site security. Mr. Daniels noted in his additional written testimony that the latter, “may prove inconvenient to the site’s staff, under SB 250 they would be an F3 [Third Degree Felony], and that is without someone even stepping foot on or near the property, as physical presence is not required to be guilty of criminal mischief, as found in/defined in Sec. 2907.07(A)(7) of the bill.”
Figure 3. A rally held by the Louisiana-based nonprofit RISE St. James.
This connection, when enshrined into law, will have a chilling effect on freedom of speech and assembly, and will stop protests or thoughtful lines of questioning before they even start. As the Ohio Valley Environmental Coalition (OVEC) put it in their request for residents to ask the governor to veto the now-enacted HB 4615, such a bill is unnecessary, duplicative, deceitful, un-American, unconstitutional, and “will further crowd our jails and prisons.”
To combat such industry-friendly legislation that erodes local government control in Ohio, lawmakers like State Senator Nikki Antonio are introducing resolutions like SR 221, which would, “abolish corporate personhood and money-as-speech doctrine” made law by the Supreme Court of the United States’ rulings in Citizens United v. FEC and Buckley v. Valeo. After all, the overarching impact of ALEC’s efforts and those described below furthers privatized, short-term profit and socialized, long-term costs, and amplifies the incredibly corrosive Citizen’s United decision a little over a decade ago.
Further Criminalization of Protest, Protections for Law Enforcement
Simultaneously, there is an effort to criminalize protest activities through “riot boosting acts,” increased civil liability and decreased police liability, trespassing penalties, and new sanctions for protestors who conceal their identities (by wearing a face mask, for example).
The following bills have already been enacted:
STATE
BILL
TITLE
DATE PASSED
South Dakota
SB 189
EXPANDED CIVIL LIABILITY FOR PROTESTERS AND PROTEST FUNDERS
3/27/19
West Virginia
HB 4618
ELIMINATING POLICE LIABILITY FOR DEATHS WHILE DISPERSING RIOTS AND UNLAWFUL ASSEMBLIES
3/10/18
North Dakota
HB 1426
HEIGHTENED PENALTIES FOR RIOT OFFENCES
2/23/17
North Dakota
HB 1293
EXPANDED SCOPE OF CRIMINAL TRESPASS
2/23/17
North Dakota
HB 1304
NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
2/23/17
In addition, the following bills have been proposed and are under consideration:
STATE
PENDING
TITLE
DATE PROPOSED
Rhode Island
H 7543
NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
2/12/20
Oregon
HB 4126
HARSH PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
1/28/20
Tennessee
SB 1750
NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
1/21/20
Ohio
HB 362
NEW PENALTIES FOR PROTESTERS WHO CONCEAL THEIR IDENTITY
10/8/19
Pennsylvania
SB 887
NEW PENALTIES FOR PROTESTS NEAR “CRITICAL INFRASTRUCTURE”
10/7/19
Massachusetts
HB 1588
PROHIBITION ON MASKED DEMONSTRATIONS
1/17/19
All the while, the Bundy clan of Utah pillage – and at times – hold our public lands hostage, and white male Michiganders enter the state capital in Lansing armed for Armageddon, because they feel that COVID-19 is a hoax. We imagine that it isn’t these types of folks that West Virginia State Representatives John Shott and Roger Hanshaw had in mind when they wrote and eventually successfully passed HB 4618, which eliminated police liability for deaths while dispersing riots and unlawful assemblies.
Contrarily, South Dakota’s SB 189, or “Riot Boosting Act,” was blocked by the likes of US District Judge Lawrence L. Piersol, who wrote:
“Imagine that if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result? … Dr. King and the Southern Christian Leadership Conference could have been liable under an identical riot boosting law.”
FracTracker collaborated with Crude Accountability on a report documenting increasing reprisals against environmental activists in the US and Eurasia. Read the Report.
Figure 4. Photo of US Treasury Department signage outlining the warning associated with BP’s Whiting, IN, oil refinery designated a Foreign Trade Zone (FTZ). Photo by Ted Auch July 15th, 2015
In all fairness to Mr. Emanuel, he was referring to the Obama administration’s support for the post-2008 bipartisan Wall Street bailout. However, it is critical that we acknowledge the push for critical infrastructure legislation has been most assuredly bipartisan, with Democratic Governors in Kentucky, Louisiana, and Wisconsin signing into law their versions on March 16th of this year, in May of 2018, and in November of 2019, respectively.
Related Legislation in Need of Immediate Attention
In Columbus, Ohio, there are several pieces of legislation being pushed in concert with ALEC-led efforts. These include the recently submitted HB 362, that would “create the crime of masked intimidation.” Phil Plummer and George F. Lang sponsor the bill, with the latter being the same official who introduced HB 625, a decidedly anti-local control bill that would preempt communities from banning plastic bags. Most of the general public and some of the country’s largest supermarket chains have identified plastic bag bans as a logical next step as they wrestle with their role in the now universally understood crimes plastics have foisted on our oceans and shores. As Cleveland Scene’s Sam Allard wrote, “bill mills” and their willing collaborators in states like Ohio cause such geographies to march “boldly, with sigils flying in the opposite direction” of progress, and a more renewable and diversified energy future.
With respect to Plummer and Lang’s HB 362, two things must be pointed out:
1) It is eerily similar to North Dakota’s HB 1304 that created new penalties for protestors who conceal their identity, and
So, when elected officials as far away as Columbus copy and paste legislation passed in the aftermath of the DAPL resistance efforts, it is clear the message they are conveying, and the audience(s) they are trying to intimidate.
Plummer and Lang’s HB 362 would add a section to the state’s “Offenses Against the Public Peace,” Chapter 2917, that would in part read:
No person shall wear a mask or disguise in order to purposely do any of the following:
(A) Obstruct the execution of the law;
(B) Intimidate, hinder, or interrupt a person in the performance of the person’s legal duty; or
(C) Prevent a person from exercising the rights granted to them by the Constitution or the laws of this state.
Whoever violates this proposed section is guilty of masked intimidation. Masked intimidation is a first degree misdemeanor. It was critical for the DAPL protestors to protect their faces during tear gas and pepper spray barrages, from county sheriffs and private security contractors alike.
At the present moment, masks are one of the few things standing between COVID-19 and even more death. Given these realities, it is stunning that our elected officials have the time and/or interest in pushing bills such as HB 362 under the thin veil of law and order.
But judging by what one West Virginia resident and former oil and gas industry draftsman,[3] wrote to us recently, elected officials do not really have much to lose, given how little most people think of them:
“Honestly, it doesn’t seem to matter what we do. The only success most of us have had is in possibly slowing the process down and adding to the cost that the companies incur. But then again, the increase in costs probably just gets passed down to the consumers. One of the biggest drawbacks in my County is that most, if not all, of the elected officials are pro drilling. Many of them have profited from it.”
The oil, gas, and petrochemical industries are revealing their weakness by scrambling to pass repressive legislation to counteract activists. But social movements around the world are determined to address interrelated social and environmental issues before climate chaos renders our planet unlivable, particularly for those at the bottom of the socioeconomic ladder. We hope that by shining a light on these bills, more people will become outraged enough to join the fight against antidemocratic legislation.
This is Part I of a two-part series on concerning legislation related to the oil, gas, and petrochemical industries. Part II focuses on bills that would weaken environmental regulations in Ohio, Michigan, and South Dakota.
By Ted Auch, PhD, Great Lakes Program Coordinator and Shannon Smith, Manager of Communications & Development
[1] See Naomi Klein’s concept of the Shock Doctrine for similar trends.
[2] The community-based environmental organization RISE St. James has been working tirelessly to prevent Formosa Plastics from building one of the largest petrochemical complexes in the US in their Parish. Sharon Lavigne is a leading member of RISE St. James, and is an honored recipient of the 2019 Community Sentinel Award for Environmental Stewardship. Read more on Sharon’s work with RISE St. James here.
[3] This individual lives in Central West Virginia, and formerly monitored Oil & Gas company assets in primarily WV, PA, NY, VA, MD & OH, as well as the Gulf Coast. Towards the end of this individual’s career, they provided mapping support for the smart pigging program, call before you dig, and the pipeline integrity program.
For the past two years, a grand jury empaneled by Pennsylvania Attorney General Josh Shapiro has been investigating what they see as an oil and gas industry that has run amok. The Attorney General admonished the Pennsylvania Department of Environmental Protection (DEP) and to a lesser degree, the Department of Health (DOH), both of which they claim have conducted insufficient oversight of the industry, allowing serious problems to happen over and over again since the arrival of fracking in the Marcellus Shale sixteen years ago.
Mr. Shapiro claims that Pennsylvania should know better, as it is still dealing with the health and environmental impacts of mining and oil and gas operations that have been shuttered for decades. In fact, it was almost 50 years ago that the state Environmental Rights Amendment was adopted to the Pennsylvania constitution by a nearly 4 to 1 margin of Pennsylvania voters. It states:
Article I, Section 27: The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.
As a part of the state’s constitution, it is a fundamental part of the law of the land.
Criminal Charges
The Attorney General said that the grand jury heard hundreds of hours of expert testimony and impacted residents, and charges have already been issued against two companies – Range Resources and Cabot.
These moves are not without their critics, however. Range Resources pleaded no contest to charges of environmental crimes at several sites, which was compounded by a pattern of not informing local residents about the mishaps and potential impacts. In one of these cases, the grand jury found that the company became aware of a contamination event stemming from a shredded liner in a wastewater impoundment, for which they proceeded to do nothing about for three years, resulting in a contaminated aquifer. The company was further accused of falsifying laboratory data related to the case to affect the outcome of related civil suits.
For all of incidents reviewed, the company was slapped with a modest $50,000 fine, and agreed to a $100,000 contribution to a watershed group in the area. This can hardly be considered a deterrent; for a multi-billion dollar company in an industry where each well costs millions of dollars to drill, this amounts to nearly nothing beyond the routine cost of doing business.
Cabot’s charges stem from an infamous incident in 2008 in Dimock Township, Susquehanna County, that was highlighted in the movie GasLand. One of the wells exploded, and soon afterwards, neighbors began to notice contamination of their well water. Contaminants included methane, arsenic, barium, DEHP, glycol compounds, manganese, phenol, and sodium – a toxic cocktail consistent with hydraulic fracturing operations. As is common with many drilling contamination events, residents lost their water supplies and began to experience a series of health effects from the chemicals that they were exposed to. To this day, Cabot denies responsibility.
Obviously, it is difficult to put an entire corporation in jail, but some hold that employees who engaged in negligence or subterfuge certainly could be, or perhaps executives who oversaw or authorized such activities. Another possible outcome would include placing serious restrictions on the offending companies’ activities within the Commonwealth. As a means of comparison, please take a moment to browse through a list of operators that are banned from drilling activities in Texas. Honestly, this may take a few moments, because there are so many of them. One wonders what it would take ban a company from drilling in Pennsylvania.
But the focus of the Attorney General’s presentation was on the government’s shortcomings. Case after case of water contamination, gumming up expensive well pumps, and making water undrinkable. Many people had similar health complaints, including rashes, respiratory issues, nosebleeds, as well as pet and livestock health concerns and deaths. Mr. Shapiro’s question was clear: how were these problems were allowed to keep happening?
There is a 2020 grand jury seated as we speak, so this is certainly not the end of the story.
This map of 15,164 unconventional violations in Pennsylvania speaks to the issues presented in the report.
The grand jury developed a list of suggestions to move forward. They include:
Enact a 2,500-foot setback from homes to well sites. This is a very large increase over the current 500-foot standard, which Mr. Shapiro says is clearly insufficient to protect Pennsylvanians, as is evidenced by 16 years of documented problems.
Disallow secret injections of chemicals in hydraulic fracturing fluids. As FracTracker learned in our project with Partnership for Policy Integrity, companies injected 13,632 secret chemicals into over 2,500 wells in Pennsylvania just five years.
Enact common-sense toxic waste transportation, so that first responders and the public at large can find out when oil and gas waste has been transported. We find it interesting that the Attorney General chose the words “toxic waste” rather than “residual waste,” which we consider to be a loophole term that was invented to sidestep more stringent regulations.
Gathering lines for fracking wells need to be regulated based on risk, not size.
Reporting for air pollution needs to be aggregated by site, rather than reporting dozens of emission sources separately. This will allow researchers to better understand the cumulative risk at such locations.
A comprehensive public health study of the effects of exposure to contaminated air and water from fracking operations must be conducted. The Attorney General notes that the Department of Health has agreed with this recommendation, and preparations to conduct this study are underway.
The revolving door between regulators and industry must be stopped. Mr. Shapiro notes that at the very least, this cozy relationship creates an appearance of impropriety, which in itself erodes the public trust. He then went on to mention an instance where an operator hired seven former DEP office employees all at once.
The Attorney General’s office does not have original jurisdiction on environmental crimes, and must wait for a referral from a district attorney or the DEP. The DEP has not been making such referrals, considering civil penalties and fines to be sufficient. The Attorney General disagrees, and wants to hear directly from the people of Pennsylvania. To that end, a hotline has been setup.
Mr. Shapiro then proceeded to take DEP to task for its response to the investigation itself. The Department refused to send top staff to testify, he said, fighting with the grand jury investigation every step of the way. They then attempted to mislead the public, saying that they had no opportunity for input. What’s more, the Attorney General said that they spewed industry talking points, claiming that hundreds of hours of testimony were based on hearsay, and that a variety of the serious health impacts experienced by Pennsylvanians were, “not significant.”
In contrast, the Department of Health sent Secretary Rachel Levine to participate in the proceedings, who saw this as an opportunity to uncover her department’s shortcomings with respect to fracking over the past 16 years, and to forge a path forward in which they could do a better job in upholding their obligations.
While Mr. Shapiro characterized the response from DOH as earnest, DEP received no such accolades. “The DEP – let me be clear,” he said, “they need to clean up their act.”
By Matt Kelso, Manager of Data & Technology, FracTracker Alliance
Ted Auch
Image courtesy of Lois Bower-Bjornson from the Clean Air Council.
