Waste

Wed, 2014-07-23 09:08Sharon Kelly
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Pennsylvania Environmental Regulators Flunk State's Own Shale Gas Audit

In January 2013, Pennsylvania's auditor general announced that he would conduct an investigation into whether state regulators were effectively overseeing the impacts from the shale gas drilling rush.

A year and a half later, the results are in: the state's environmental regulators are failing badly in at least eight major areas, at times declining to cite drillers who broke the law. In a damning 158-page report, the state's auditor general highlighted the agency's wide-ranging failures. The report detailed the Department of Environmental Protection's (DEP) use of a legal “loop hole” to avoid inspecting wells and described the agnecy's failure to fulfill its duty to track the industry's toxic waste. The report also faulted the agency for a reliance on voluntary measures in policing the industry.

The federal government has largely taken a hands-off approach to policing the drilling boom. What federal rules do exist have various broad exemptions exemptions for the oil and gas industry. Pennsylvania, which features a large swath of the Marcellus shale, is widely viewed as ground zero for the current fracking boom. In the unusually candid report released this week, state auditors have concluded that the state is overwhelmed by the industry and is providing insufficient oversight.

“It is DEP’s responsibility to protect the environment from these environmental risks and to ensure that laws and regulations which govern potential impacts to water quality are enforced,” Pennsylvania's auditors wrote. “Unfortunately, DEP was unprepared to meet these challenges because the rapid expansion of shale gas development has strained DEP, and the agency has failed to keep up with the workload demands placed upon it.”

Auditors described state environmental regulators as woefully outgunned and unprepared for the sudden arrival of the shale gas drilling frenzy.

Mon, 2014-06-02 05:00Sharon Kelly
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Loopholes Enable Industry to Evade Rules on Dumping Radioactive Fracking Waste

As the drilling rush proceeds at a fast pace in Pennsylvania's Marcellus shale, nearby states have confronted a steady flow of toxic waste produced by the industry. One of Pennsylvania's most active drilling companies, Range Resources, attempted on Tuesday to quietly ship tons of radioactive sludge, rejected by a local landfill, to one in nearby West Virginia where radioactivity rules are still pending. It was only stopped when local media reports brought the attempted dumping to light.

“We are still seeking information about what happened at the Pennsylvania landfill two months ago when the waste was rejected, and about the radiation test results the company received from the lab,” Kelly Gillenwater, a West Virginia Department of Environmental Protection spokeswoman, told the Pittsburgh Post-Gazette, which had tracked the waste after it was rejected by a Chartiers, PA landfill because it was too radioactive. “For now this is still under investigation.”

It's one of a series of incidents involving the disposal of fracking's radioactive waste. Collectively these incidents illustrate how a loophole for the oil and gas industry in federal hazardous waste laws has left state regulators struggling to prevent the industry from disposing its radioactive waste in dangerous ways.

Wed, 2014-05-28 05:00Sharon Kelly
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Exclusive: Leaked EPA Draft Fracking Wastewater Guidance Suggests Closer Scrutiny for Treatment Plants

One of the most intractable problems related to fracking is that each well drilled creates millions of gallons of radioactive and toxic wastewater.

For the past several years, the Environmental Protection Agency has faced enormous public pressure to ensure this dangerous waste stops ending up dumped in rivers or causing contamination in other ways.

But the drilling boom has proceeded at such an accelerated pace in the United States that regulators have struggled to keep up, to control or even track where the oil and gas industry is disposing of this radioactive waste. As a consequence, hundreds of millions of gallons of partially treated waste have ended up in the rivers from which millions of Americans get their drinking water. 

An internal draft EPA document leaked to DeSmog gives a small window into how, after a full decade since the start of the drilling boom, the agency is responding.

The document, dated March 7, 2014, is titled “National Pollutant Discharge Elimination System Permitting and Pretreatment for Shale Gas Extraction Wastewaters: Frequently Asked Questions.”

It's revealing for what it shows about how EPA staff are taking the hazards of fracking wastewater more seriously — and also how little things have changed.

“In general, the EPA memo does a good job of making clear that fracking wastewater discharges are covered under the Clean Water Act, and that proper discharge permitting is required, including setting limits to protect water quality standards and to comply with technology based standards in the Clean Water Act,” explained Clean Water Action attorney Myron Arnowitt, who was asked by DeSmog to review the document. “It is mostly an increased level of detail for regional EPA staff regarding permitting issues under the Clean Water Act, compared to the pervious memo in 2011.”

The document, intended as a guide for local regulators on how the Clean Water Act should be interpreted and applied, is impressive in many ways.

Wed, 2013-07-24 08:27Farron Cousins
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Report Details Coal Industry's Pollution of Waterways, Political System

According to a new report, the coal industry’s pollution is contaminating our water supplies, our regulatory agencies, and even our political process.  The report, a joint project by the Waterkeeper Alliance, Clean Water Action, the Sierra Club, Earthjustice, and the Environmental Integrity Project, shows that when it comes to spewing toxic chemicals into our waterways, the coal industry is public enemy number one.

The report found that many coal plants across the country are releasing coal ash waste and scrubber waste without any federal oversight, and many are held to standards that are outdated and virtually limitless.  Many of the standards currently in place were written more than 30 years ago, and they do not include any regulations on toxic threats that had not yet been identified at the time the original rules were put in place.

A few highlights of the report, from the Sierra Club:

Of the 274 coal plants that discharge coal ash and scrubber wastewater into waterways, nearly 70 percent (188) have no limits on the toxics most commonly found in these discharges (arsenic, boron, cadmium, lead, mercury, and selenium) that are dumped directly into rivers, lakes, streams and bays.

Of these 274 coal plants, more than one-third (102) have no requirements to monitor or report discharges of these toxic metals to government agencies or the public.

A total of 71 coal plants surveyed discharge toxic water pollution into rivers, lakes, streams and bays that have already been declared impaired due to poor water quality. Of these plants that are dumping toxic metals into impaired waterways, more than three out of four coal plants (59) have no permit that limits the amount of toxic metals it can dump.

Nearly half of the coal plants surveyed (187) are operating with an expired Clean Water Act permit. 53 of these power plants are operating with permits that expired five or more years ago.

Tue, 2012-10-23 18:12Carol Linnitt
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Athabasca Chipewyan First Nation Challenges Shell in Legal Hearing

Today the Athabasca Chipewyan First Nation (ACFN) is arguing that Shell Canada's proposed expansion of the Jackpine Mine in the tar sands is in violation of constitutionally protected aboriginal rights outlined in Section 35 of the Canadian Constitution and Treaty 8, which the ACFN signed in 1899. Arguments against the proposal will be heard by a provincial-federal Joint Review Panel.

The ACFN participated in a Fort McMurray rally today, asking for individuals, organizations and communities across Canada to stand in solidarity with their tribe. 

“We are here today because a legal challenge may be the only remaining piece of law that can stop the destruction of our land,” said Allan Adam, chief of the ACFN. “We are thankful for the mountain of support we've been receiving. People understand the significance of this challenge and what we must do for our land.”

The proposed expansion will increase Jackpine Mine's production capacity from 200,000 barrels per day (bbl/d) to 300,000 bbl/d and will extend the mine's lifespan to 2049.

The project will add 1.8 million tonnes of greenhouse gasses into the atmosphere, roughly the equivalent of 280,000 additional cars on the road. The waste from the expanded project will amount to some 486 billion litres of liquid tailings including mercury, arsenic and lead, which Shell proposes to permanently bury in what is called a 'pit lake,' according to a press release.

Wed, 2012-09-19 12:01Farron Cousins
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National Parks At Risk Of Exploitation From Oil And Gas Drilling

The U.S. National Park System currently encompasses more than 84 million acres of land in the United States, and if oil-funded politicians in Washington, D.C. get their way, those millions of protected acres could soon become the playground for the dirty energy industry.

According to a new report by the Center for American Progress (CAP), oil and gas drilling is already taking place in at least 12 areas designated as “national parks” by the U.S. Department of Interior, with as many as 30 more being considered for drilling.

CAP’s chart below shows us where drilling is occurring, or could likely occur in the near future:

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Sun, 2011-12-18 16:19Farron Cousins
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Report: Arsenic From Coal Ash Disposal Sites Leaching Into Groundwater

The Environmental Integrity Project (EIP) has released a startling report showing that coal ash dumps near coal-burning power plants are leaching arsenic and other toxic chemicals into water supplies. The new report identifies 20 new sites in 10 different states where coal ash is contaminating water supplies. These sites are in addition to the 33 coal ash disposal sites that EIP identified earlier this year that are contaminating water supplies.

From an EIP release:

EIP has identified a total of 20 additional coal ash dump sites causing groundwater and soil contamination in 10 states – Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Nevada, South Carolina, Tennessee and Texas. These include 19 sites where coal ash appears to have contaminated groundwater with arsenic or other pollutants at levels above Maximum Contaminant Levels (MCL). All but two have also measured concentrations of other pollutants – such as boron, molybdenum, and manganese – above EPA-recommended Health Advisories for children or adults. In addition, our report includes new information about 7 previously recognized damage cases, including stunning evidence of groundwater more toxic than hazardous waste leachate.

After EPA documented 67 proven or potential ‘damage cases’ in 2007, we found groundwater or surface water contamination at 70 additional sites, and submitted our analysis to EPA in two reports released in February and August of 2010. The current report brings the total number of damage cases identified by EPA and other groups to 157.
Wed, 2011-07-27 11:49Farron Cousins
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Mountaintop Removal Mining Directly Linked To 60,000 Cancer Cases In Appalachia

A new study from the Journal of Community Health concludes that cancer rates in areas of Appalachia where mountaintop removal mining (MTR) is taking place are more than twice as high as areas that are not near MTR sites. According to the study, as many as 60,000 individual cancer cases can be linked directly to exposure from MTR debris.

As reported on Alternet, the study was the first of its kind to involve a door-to-door questionnaire, where researchers used community members’ own stories and medical records to determine the results. These door-to-door interviews were conducted in mountaintop removal mining areas, as well as non-coal mining counties for use as a control.

Fri, 2011-07-15 10:21Farron Cousins
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GOP Coal Ash Bill May Be Hazardous To Your Health

The House Energy and Commerce Committee voted this week to allow a new bill on the regulation of coal ash to be considered for a full House vote. The bill, known as The Coal Residuals Reuse and Management Act, would prevent the E.P.A. from classifying coal ash (or fly ash) as a toxic substance, and instead would allow individual states to make their own rules regarding the storage and re-use of coal ash waste.

The bill passed the committee by a vote of 35 – 12, with all Committee Republicans and six Democrats voting in favor of the bill. The E.P.A. ruled in 2000 that coal ash was not a hazardous substance, but proposed a rule last summer that would change the classification to “hazardous.” The agency is still debating which rule will stand, and announced recently that the decision will not be made this year.

The bill was put forward by freshman Republican David McKinley from West Virginia. West Virginia is one of the country’s leading producers of both coal and coal waste. Under the guise of “saving jobs,” McKinley introduced the bill earlier this year. But a look beyond the surface reveals McKinley’s true intentions for putting forth the legislation.

During the course of his short career, McKinley has already received more than $205,000 from the mining industry, which includes donations from some of the largest coal companies in West Virginia – Alpha Natural Resources (a leading company in mountaintop removal mining,) International Coal Group, and Patriot Coal. The following chart is from OpenSecrets, showing McKinley’s top donors:

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