Center for Biological Diversity

Pipeline Company Responsible For Santa Barbara Oil Spill Had Horrendous Safety Record, But So Does The Entire Industry

Plains All American Pipeline, the company responsible for the 9-mile long oil slick polluting the California coast near Santa Barbara, is no stranger to oil spills.

The LA Times examined data kept by the Pipeline and Hazardous Materials Safety Administration and discovered that Plains has been cited for 175 safety and maintenance violations since 2006, and incidents involving the company’s pipes have caused more than $23 million in property damage while spilling more than 688,000 gallons of “hazardous liquid.”

Environmentalists Are Taking California To Court Over Illegal Oil Industry Wastewater Injection

Environmentalists filed a motion requesting a preliminary injunction today in a California court to immediately stop the daily illegal injection of millions of gallons of oil field wastewater into protected groundwater aquifers in the state.

Last week, Earthjustice filed a lawsuit on behalf of the Sierra Club and the Center for Biological Diversity in Alameda County Superior Court that challenges California regulators’ emergency rules meant to rein in the state’s disastrous Underground Injection Control (UIC) program.

The Only Legal Challenge To Local Fracking Bans In California Was Just Quietly Dropped

The only lawsuit seeking to overturn any of the local fracking bans in the state of California has been dropped.

Southern California-based Citadel Exploration filed a suit on February 27 against San Benito County’s Measure J, which voters approved by a wide margin last November despite the oil and gas industry outspending its opponents 13-to-1 in an attempt to defeat the measure.

Citadel had called Measure J an “illegal local statutory scheme” and argued that only the state has the right to regulate oil and gas development, according to the San Jose Mercury News. The company has not released any further statements or responded to requests for comment on why it chose to drop the suit.

But anti-fracking activists and others who have worked on the fracking bans have their own theories.

“It's pretty clear to me now that the oil industry was bluffing,” Andy Hsia-Coron, a retired schoolteacher who helped run the Measure J campaign, told the San Jose Mercury News. “As they examined their hand, they realized it was pretty weak.”

Legislators Call Out California Regulators’ “Corrupt, Inept” Management Of Underground Wastewater Injection

The fallout from California officials’ failure to properly oversee the disposal of oil industry wastewater continued this week as lawmakers grilled officials with the state’s oil and gas regulatory agency for two hours while seeking assurances that they were getting the problem under control.

According to the LA Times, state senators “called the agency’s historic practices corrupt, inept, and woefully mismanaged.”

Senator Hannah-Beth Jackson (D-Santa Barbara), who said that reading the background materials ahead of the hearing “caused her blood pressure to soar,” per the Times, pretty much nailed it when she said, “There has been a serious imbalance between the role [of] regulating the oil and gas industry and the role of protecting the public.”

DeSmog helped break the initial story in this ongoing saga last year when 11 underground injection wells were ordered to shut down over fears they were pumping toxic and carcinogenic chemical-laden wastewater from fracking and other oil production processes into groundwater aquifers protected under federal law. Last week, 12 more injection wells were shut down for the same reason.

In the intervening months, the true extent of the problem has slowly come to light. It was revealed in February that regulators at California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) wrongfully issued permits for close to 500 wells to inject oil industry wastewater into aquifers containing water that is useable or could be made useable—water that is badly needed in drought-stricken California and should have been protected under the federal Safe Drinking Water Act.

More California Oil Industry Wastewater Injection Wells Shut Down Over Fears Of Groundwater Contamination

The latest in the ongoing investigation into California regulators’ failure to protect residents from toxic oil industry waste streams has led to the closure of 12 more underground injection wells. The 12 wells that were shut down this week are all in the Central Valley region, ground zero for oil production in the state.

California has roughly 50,000 underground injection wells. State officials are investigating just over 2,500 of them to determine whether or not they are injecting toxic chemical-laden oil industry wastewater into aquifers containing usable water (or at least potentially usable water) that should have been protected under the Safe Drinking Water Act.

A coalition of environmental, health and public advocacy groups filed a legal petition with Governor Jerry Brown last week in an attempt to force an emergency moratorium on fracking after it was discovered that flowback, a fluid that rises to the top of a fracked well, contains alarmingly high levels of toxic and carcinogenic chemicals.

Fracking flowback is an increasingly prevalent component of the oil industry wastewater that is being injected into the state’s aquifers, as fracking is now used in up to half of all new wells drilled in California.

Prompted by an inquiry by the federal Environmental Protection Agency in 2011, state officials shut down 11 wastewater injection wells last year over similar concerns that they were polluting badly needed sources of water in a time of prolonged drought. It was later confirmed that 9 of those wells were in fact pumping wastewater into protected aquifers—some 3 billion gallons of wastewater, by one estimate.

Since then, the fallout has continued at a rapid pace, with a new revelation coming seemingly every other month. In just the past few months, for instance, the scope of the problem has ballooned from hundreds of injection wells allowed to dump oil industry wastewater into protected aquifers to thousands more wells permitted to inject fluids from “enhanced oil recovery” techniques such as acidization and cyclic steam injection into protected aquifers.

Fracking Flowback From California Oil Wells Found To Contain Dangerous Levels Of Carcinogenic and Toxic Chemicals

Adding to the already lengthy list of reasons to be concerned about the disposal of oil industry wastewater in California, the Center for Biological Diversity says it has found dangerous levels of toxic and carcinogenic chemicals such as benzene and toluene in fracking flowback.

Flowback is a fluid that floats up to the surface of fracked wells that contains clays, dissolved metal ions and total dissolved solids (such as salt) in addition to chemical additives used in the fracking process.

As such, flowback is a component of oil industry wastewater, and one of the chief reasons why the wastewater must be disposed of in a very cautious manner.

In California, where the toxic and cancer-causing chemicals were found to be present in flowback by the CBD, oil industry wastewater is not, unfortunately, disposed of in a cautious manner.

The most common wastewater disposal method is to inject it underground. It was recently revealed that California regulators have allowed hundreds of injection wells to pump wastewater into aquifers protected under the federal Safe Drinking Water Act. Regulators also permitted thousands more wells to inject fluids from “enhanced oil recovery” techniques like acidization and cyclic steam injection into protected aquifers.

California's Wastewater Injection Problem Is Way Worse Than Previously Reported

Documents released this week as part of the EPA’s investigation into the state of California’s underground injection control program show that in addition to hundreds of wastewater injection wells there are thousands more wells illegally injecting fluids from “enhanced oil recovery” into aquifers protected by the federal Safe Drinking Water Act.

At a time when California is experiencing extreme and prolonged drought, you might expect state regulators to do everything they can to protect sources of water that could be used for drinking and irrigation. But that simply isn’t the case.

For every barrel of oil produced in California — the third largest oil-producing state in the nation, behind Texas and North Dakota — there are 10 barrels of wastewater requiring disposal. California produces roughly 575,000 barrels of oil a day, meaning there are nearly 6 million barrels of wastewater produced in the Golden State on a daily basis — a massive waste stream that state regulators have utterly failed to manage properly.

In meeting a February 6 deadline imposed by the EPA to provide a plan for dealing with the problems rampant in its Underground Injection Control (UIC) Class II Program, regulators at California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) revealed that nearly 2,500 wells have been permitted to inject oil and gas waste into protected aquifers, a clear violation of the Safe Drinking Water Act.

More than 2,000 of the wells are currently active, with 490 used for injection of oil and gas wastewater and 1,987 used to dispose of fluids or steam used in enhanced oil recovery techniques like acidization and cyclic steam injection.

“The Division acknowledges that in the past it has approved UIC projects in zones with aquifers lacking exemptions,” DOGGR told the EPA in a letter dated Feb. 6.

California Regulators Allowed Oil Industry To Drill Hundreds Of Wastewater Injection Wells Into Aquifers With Drinkable Water

Update 02/11/15: The problems with California's underground injection control program are far worse than originally reported. It has now been revealed that California regulators with DOGGR not only permitted hundreds of wastewater injection wells but also thousands more wells injecting fluids for “enhanced oil recovery” into aquifers protected under the federal Safe Drinking Water Act.

Original post: The fallout from the ongoing review of California’s deeply flawed Underground Injection Control program continues as new documents reveal that state regulators are investigating more than 500 injection wells for potentially dumping oil industry wastewater into aquifers protected under the federal Safe Drinking Water Act as well as state law.

Last July, the U.S. Environmental Protection Agency (EPA) ordered an emergency shutdown of 11 wastewater injection wells in California. In October, nine of the wells were confirmed to have been illegally dumping wastewater into protected aquifers.

Now a letter from Steve Bohlen, the State Oil and Gas Supervisor for California’s Division of Oil, Gas & Geothermal Resources (DOGGR), sent to the EPA on August 18, 2014 but just revealed via a Freedom of Information Act request, shows that the problem is much more widespread than previously disclosed to the public.

A copy of the letter was shared with DeSmogBlog by the Center for Biological Diversity. “EPA has confirmed to us and to the San Francisco Chronicle that Steve Bohlen’s list shows 532 wells believed to be injecting into protected aquifers,” according to Patrick Sullivan, a spokesperson for the CBD.

Under federal law, any aquifer with water that contains less than 10,000 parts-per-million of total dissolved solids (such as salt and other minerals) is protected. Sullivan told DeSmog that the 532 wells are all injecting wastewater into water that is either cleaner than 10,000 ppm TDS or with unknown TDS. CBD has mapped all of the injection wells in question.

“We know that at least 170 of these wells were drilled into aquifers with TDS of below 3,000 — which means they are suitable for drinking water,” Sullivan says. “Hundreds more are injecting into aquifers below 10,000 TDS, which is water that likely could be made usable.”

In response to the revelations, CBD sent a letter to the EPA demanding an immediate shutdown of all oil industry injection wells in the state that are injecting wastewater into protected aquifers.

“Because the state has failed to protect our water or uphold the law, action by the EPA Administrator is legally required,” the letter states. “In the midst of an unprecedented drought and when so many Californians lack access to safe, clean drinking water, it is outrageous to allow contamination of drinking and irrigation water to continue.”

Enbridge Gets Another Federal Tar Sands Crude Pipeline Permit As Senate Debates Keystone XL

On January 16, the U.S. Army Corps of Engineers gave Enbridge a controversial Nationwide Permit 12 green-light for its proposed Line 78 pipeline, set to bring heavy tar sands diluted bitumen (“dilbit”) from Pontiac, Illinois to its Griffith, Indiana holding terminal.

The permit for the pipeline with the capacity to carry 800,000 barrels-per-day of tar sands dilbit came ten days after the introduction of S.1 — the Keystone XL Pipeline Act — currently up for debate on the U.S. Senate floor, which calls for the permitting of the northern leg of TransCanada's Keystone XL

Enbridge Line 78 Army Corps of Engineers Permit

Griffith is located just south of Whiting, Indiana, home of a massive refinery owned by BP. In November 2013, BP opened its Whiting Modernization Project, which retooled to refine up to 85-percent of its capacity as heavy dilbit from the tar sands, up from its initial 20-percent capacity.

Obama Administration Sued Over Gulf Of Mexico Fracking

At a time when the rest of the world (for a host of reasons) is shying away from the hydraulic fracturing “boom,” the United States appears to be hell-bent on allowing fracking in every available space. The latest target for the industry has been the already imperiled Gulf of Mexico, the same waters that are still reeling from the effects of BP’s Deepwater Horizon oil disaster.

In its haste to allow as much fracking as possible in the Gulf, the Obama administration has repeatedly failed to release information about the dangers of fracking in the Gulf of Mexico, as well as information regarding the total number of permits that have been issued.

But a new lawsuit by The Center for Biological Diversity seeks to make that information public.

The lawsuit says that the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement are obligated to release this information to the public. The government has so far failed to respond to the group’s FOIA request to make this information known to the public.

The risks of offshore fracking are well known, and The Center for Biological Diversity has a report that details the dangers that have already been realized off the coast of California, where offshore fracking has been under way for some time.

In that report, the Center uncovered some disturbing trends about the wastewater that is created during fracking:

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