Environmental Integrity Project

Documents: IOGCC-Spawned Loophole Creating Frackquake Crisis Faces Federal Lawsuit

On May 4, several environmental organizations filed a lawsuit against the U.S. Environmental Protection Agency (EPA), calling for an end to the regulatory exemption it carved out in the late 1980s for the oil and gas industry with regards to how it handles industrial waste.

That exemption to the Resource Conservation and Recovery Act (RCRA) of 1976, a recent DeSmog investigation showed, was pushed in the forefront almost from day one of RCRA's passage by the Interstate Oil and Gas Compact Commission (IOGCC). IOGCC is a U.S. Congress-chartered interstate compact consisting of U.S. oil and gas producing states, with a membership roll that includes state-level regulators, industry lobbyists and executives.

The EPA, which granted the oil and gas industry the RCRA exemption in 1988, serves as an IOGCC affiliate member.

An ongoing DeSmog investigation into IOGCC has exhibited that it often behaves like an unregistered lobbying node for the oil and gas industry. DeSmog has also obtained more documents, published here for the first time, revealing IOGCC's role in pushing for and creating the RCRA loophole. 

Fracking Supply Chain a Climate Disaster, Doing Little to Uplift Poor Communities: Studies

Two recent studies further call into question the oil and gas industry's claims of the climate benefits and community benefits of hydraulic fracturing (“fracking”).

One of those studies, published in Environmental Research Letters and titled, “Just fracking: a distributive environmental justice analysis of unconventional gas development in Pennsylvania, USA,” concludes that “the income distribution of the population nearer to shale gas wells has not been transformed since shale gas development.”

The other, a report released by Environmental Integrity Project titled, “Greenhouse Gases from a Growing Petrochemical Industry,” examines the post-fracking supply chain and concludes that the petrochemical industry's planned construction and expansion projects announced in 2015 alone are the “pollution equivalent to the emissions from 19 coal-fired power plants.”

EPA Moves to Require Gas Processing Plants, for First Time, to Make Hazardous Emissions Public

This week, the Environmental Protection Agency announced plans to require natural gas processing plants to start complying with federal toxic chemical disclosure laws, in response to a lawsuit and petition filed by a collection of environmental and transparency advocates.

A record-setting 19 trillion cubic feet of gas was processed by these plants — over 550 of which dot the country — last year, representing a rise in volume of 32 percent over the past decade, according to the U.S. Energy Department. The EPA now estimates that over half of these plants release more than 10,000 pounds of toxic chemicals each year, making their pollution substantial enough to require federal attention.

Groups Petition EPA To Stop Texas From Letting Electric Utility Industry Rewrite Its Own Pollution Permits

NRG Energy has two coal-fired power plant units in Limestone County, Texas, about 115 miles southeast of Dallas. They’re already some of the largest, most polluting power plants in the state, and they’re about to get a whole lot dirtier.

Despite Flaws, Pennsylvania Regulators Fast Track FirstEnergy Coal Ash Disposal Plans

Across the U.S., the shale rush has unleashed a frenzy of excitement about domestic energy supplies.

But the oil and gas produced from fracking comes along with billions of gallons of wastewater and tons of mud and rock that carry radioactive materials and heavy metals.

As problems with disposal mount, the industry has offered mostly vague promises of “recycling” to describe how the waste will be handled over the long run.

As the nation gears up to produce vast amounts of shale oil and gas — and the toxic waste that comes along with it — it’s worth taking a look back at the failures of another industry to handle its toxic waste responsibly — the coal industry. 

Communities across America are still struggling to resolve problems left behind decades ago from coal mining and related industrial pollution.

These aren’t merely yesterday’s problems – the ash from burning coal at coal-fired power plants remains the single largest wastestream in the U.S.

New "Frackademia" Report Co-Written by "Converted Climate Skeptic" Richard Muller

The conservative UK-based Centre for Policy Studies recently published a study on the climate change impacts of hydraulic fracturing (“fracking”) for shale gas. The skinny: it's yet another case study of “frackademia,” and the co-authors have a financial stake in the upstart Chinese fracking industry.

Titled “Why Every Serious Environmentalist Should Favour Fracking“ and co-authored by Richard Muller and his daughter Elizabeth “Liz” Muller, it concludes that fracking's climate change impacts are benign, dismissing many scientific studies coming to contrary conclusions.

In an interview with DeSmogBlog, Richard Muller — a self-proclaimed “converted skeptic” on climate change — said he and Liz had originally thought of putting together this study “about two years ago.”

“We quickly realized that natural gas could be a very big player,” he said. “The reasons had to do with China and the goal of the paper is to get the environmentalists to recognize that they need to support responsible fracking.

The ongoing debate over fracking in the UK served as the impetus behind the Centre for Policy Studies — a non-profit co-founded by former right-wing British Prime Minister Margaret Thatcher in 1974 — hosting this report on its website, according to Richard Muller.

“They asked for it because some environmentalists are currently opposing fracking in the UK, and they wanted us to share our perspective that fracking is not only essential for human health but its support can be justified for humanitarian purposes,” he said. 

This isn't the first time Liz Muller has unapologetically sung the praises of fracking and promoted bringing the practice to China. In April, she penned an op-ed in The New York Times titled, “China Must Exploit Its Shale Gas.” 

Former Chesapeake Energy CEO Aubrey McClendon Buys Fracking Wells In Ohio's Utica Shale

Former Chesapeake Energy CEO and Founder Aubrey McClendon is back in the hydraulic fracturing (“fracking”) game in Ohio's Utica Shale in a big way, receiving a permit to frack five wells from the Ohio Department of Natural Resources on November 26. 

“The Ohio Department of Natural Resources awarded McClendon's new company, American Energy Utica LLC, five horizontal well permits Nov. 26 that allows oil and gas exploration on the Jones property in Nottingham Township, Harrison County,” a December 6 article appearing in The Business Journal explained. “In October, American Energy Utica announced it has raised $1.7 billion in capital to secure new leases in the Utica shale play.”

McClendon is the former CEO of fracking giant Chesapeake Energy and now the owner of American Energy Partners, whose office is located less than a mile away from Chesapeake's corporate headquarters.

The $1.7 billion McClendon has received in capital investments for the purchase of 110,000 acres worth of Utica Shale land came from the Energy & Minerals GroupFirst Reserve Corporation, BlackRock Inc. and Magnetar Capital.

McClendon — a central figure in Gregory Zuckerman's recent book “The Frackers” — is currently under investigation by the U.S. Securities and Exchange CommissionHe left Chesapeake in January 2013 following a shareholder revolt over his controversial business practices.

In departing, he was given a $35 million severance package, access to the company's private jets through 2016 and a 2.5% stake in every well Chesapeake fracks through June 2014 as part of the Founder's Well Participation Program.

Little discussed beyond the business press, McClendon has teamed up with a prominent business partner for his new start-up: former ExxonMobil CEO Lee Raymond.

Groups Call On EPA To Close Fracking Disclosure Loopholes

Seventeen public interest groups, including the Environmental Integrity Project (EIP), have petitioned the U.S. Environmental Protection Agency (EPA) to close a loophole in U.S. laws that allows hydraulic fracturing operations to be exempt from disclosing the pollutants they release each year.

Under the current code, the fracking industry is exempt from having to disclose the pollutants that they release into the atmosphere every year, which is estimated by the EPA to be about 127,000 tons of pollution.  These pollutants endanger both the environment and people living in and around areas where fracking wells are operated, and the lack of disclosure makes it difficult to pinpoint the cause of illnesses and properly diagnose people when they become sick from exposure.

That is why the EIP and other groups have created a petition that was sent to the EPA, hoping to convince the agency to once again consider adding the fracking industry to their Toxic Release Inventory (TRI), which contains information about the amount and type of pollutants released into the environment by U.S. companies.  The last time the agency considered adding the fracking industry to the list was in 1996, but those discussions ended with the industry as the victor.

Texas Refineries And Chemical Plants Releasing Tens Of Thousands Of Tons Of Pollution

A damning new report from the Environmental Integrity Project (EIP) reveals some startling information regarding pollution in the state of Texas. According to the report, oil refineries and chemical plants in the state are releasing tens of thousands of tons of pollution every year, without as much as a peep from state regulators or the Environmental Protection Agency (EPA.)

Most of these emissions are the result of industrial accidents and other “equipment malfunctions” taking place at processing plants across the state. Among the more dangerous chemicals being released into the atmosphere and surrounding environment are sulfur dioxide and nitrogen oxide, both of which are major contributors to ozone depletion.

A few highlights from the new report:

Every year, refineries, chemical plants, and natural gas facilities release thousands of tons of air pollution when production units break down, or are shut off, restarted or repaired. Most of these “emission events” release pollution through flares, leaking pipelines, tanks, or other production equipment. Information obtained from the Texas Commission on Environmental Quality (TCEQ) for the last three years shows just how significant that pollution can be.

Between 2009 and 2011, emission events at chemical plants, refineries, and natural gas operations released a combined total of more than 42,000 tons of sulfur dioxide and just over 50,000 tons of smog- forming Volatile Organic Compounds (VOCs), according to industry reports filed with TCEQ. See Table 1. These releases are in addition to the amounts released year-round during so-called “normal operations,” and are usually not included in the data the government uses to establish and enforce regulations, or to estimate their health impacts. Natural gas operations — which include, well heads, pipelines, compressors, boosters, and storage systems — accounted for more than 85% of total sulfur dioxide and nearly 80% of the VOCs released during these episodes. Both pollutants are linked to asthma attacks and other respiratory ailments, and can form fine particles that contribute to premature death from heart disease.

Upsets or sudden shutdowns can release large plumes of sulfur dioxide or toxic chemicals in just a few hours, exposing downwind communities to peak levels of pollution that are much more likely to trigger asthma attacks and other respiratory systems. The working class and minority populations typical of neighborhoods near refineries and chemical plants bear the brunt of this pollution.

Coal Ash Sites Posing Increasing Dangers To Water Supplies, Public Health

The Environmental Integrity Project (EIP) has once again put together a fantastic report regarding water contamination near coal ash disposal sites.

Last year, the EIP released several reports showing that drinking water near coal ash disposal sites in states across America contained dangerous levels of heavy metals and other toxins, including arsenic. In total, last year’s report revealed 53 sites in the United States where coal ash had polluted drinking water supplies.

The new report has identified a total of 116 coal ash sites in America that are leaching deadly toxins into the environment.

The new EIP report resulted from a Freedom of Information Act (FOIA) request to the EPA, which revealed that 49 different coal-fired power plants acknowledged that their own testing showed that groundwater pollution around their disposal sites far exceeded the federally acceptable levels. Among the chemicals reported to exceed federal standards at the coal-fired plants’ disposal sites are:


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