Groups Sue EPA Demanding Stricter Fracking Waste Rules
A coalition of community and environmental organizations filed a federal lawsuit against the U.S. Environmental Protection Agency (EPA) Wednesday calling for regulations to stop oil and gas companies from disposing and handling drilling and fracking wastes in ways that threaten public health and the environment.
“Waste from the oil and gas industry is very often toxic and should be treated that way,” Amy Mall, senior policy analyst at the Natural Resources Defense Council, said. “Right now, companies can get rid of their toxic mess in any number of dangerous ways—from spraying it on icy roads, to sending it to landfills with our everyday household trash, to injecting it underground where it can endanger drinking water and trigger earthquakes. EPA must step in and protect our communities and drinking water from the carcinogens, radioactive material and other dangerous substances that go hand-in-hand with oil and gas waste.”
The organizations are pushing the EPA to issue rules that address problems including the disposal of fracking wastewater in underground injection wells, which accept hundreds of millions of gallons of oil and gas wastewater and have been linked to numerous earthquakes in Arkansas, Colorado, Kansas, New Mexico, Ohio, Oklahoma and Texas.
“Updated rules for oil and gas wastes are almost 30 years overdue and we need them now more than ever,” Adam Kron, senior attorney at the Environmental Integrity Project, said. “Each well now generates millions of gallons of wastewater and hundreds of tons of solid wastes and yet EPA’s inaction has kept the most basic, inadequate rules in place. The public deserves better than this.”
The groups filing suit include the Environmental Integrity Project, Natural Resources Defense Council, Earthworks, Responsible Drilling Alliance, San Juan Citizens Alliance, West Virginia Surface Owners’ Rights Organization, and the Center for Health, Environment and Justice.
The lawsuit, filed in the U.S. District Court for the District of Columbia, calls on the court to set strict deadlines for the EPA to comply with its long-overdue obligations to update waste disposal rules that should have been revised more than a quarter century ago.
The organizations are urging the EPA to ban the practice of spreading fracking wastewater onto roads or fields, which allows toxic pollutants to run off and contaminate streams. And the EPA should require landfills and ponds that receive drilling and fracking waste to be built with adequate liners and structural integrity to prevent spills and leaks into groundwater and streams.
The groups filed a notice of their intent to sue the EPA last August, warning the agency a lawsuit would follow unless it complied with its duty under the Resource Conservation and Recovery Act (RCRA) to review and revise the federal regulations and guidelines governing how oil and gas waste must be handled and disposed. RCRA requires that the EPA review the regulations and state plan guidelines at least every three years and, if necessary, revise them. The agency determined in 1988 that such revisions of the regulations were necessary to address specific concerns with oil and gas wastes, yet has failed to meet its legal responsibility to act for nearly three decades.
“Waste from the oil & gas industry is very often toxic and should be treated that way,” says @NRDC senior policy analyst Amy Mall.— NRDC (@NRDC)1462379531.0
Over the last decade, the oil and gas industry’s fracking-based boom has produced a vast amount of solid and liquid waste. Each well produces millions of gallons of wastewater and hundreds of tons of drill cuttings, which contain contaminants that pose serious risks to human health. These include known carcinogens such as benzene, toxic metals such as mercury and radioactive materials. However, the current RCRA rules that govern oil and gas wastes are too weak because they are the same rules that apply to all “non-hazardous” wastes, including household trash.
As a result, oil and gas companies are disposing, storing, transporting and handling these wastes in a number of troublesome ways. These include: spraying fracking waste fluids onto roads and land near where people live and work; disposing of billions of gallons of oil and gas wastewater in underground injection wells; sending the drill cuttings and fracking sands to landfills not designed to handle toxic or radioactive materials; and storing and disposing of wastewater in pits and ponds, which often leak. Across the U.S., there are numerous instances of wastes leaking out of ponds and pits into nearby streams and the groundwater beneath and operators often “close” the pits by simply burying the wastes on site.“
In 1988, the EPA promised to require oil and gas companies to handle this waste more carefully,” said Aaron Mintzes, Policy Advocate for Earthworks. “Yet neither EPA nor the states have acted. Today's suit just says 28 years is too long for communities to wait for protections from this industry's hazardous waste.”
- Ohio: Underground injection wells in Ohio accepted 1.2 billion gallons of oil and gas wastewater for disposal in 2015, more than double the amount in 2011. Half this wastewater came from out of state. This has resulted in scores of earthquakes in the well-dense Youngstown area, with one well alone linked to 77 earthquakes. The Ohio Oil and Gas Commission recently noted that regulations “have not kept pace” with the problem and that (to an extent) both the state and industry are “working with their eyes closed.” Other states that have experienced increased seismic events in the proximity of injection wells include Arkansas, Colorado, Kansas, New Mexico, Oklahoma and Texas.
- Pennsylvania: In May 2012, a six-million-gallon industrial pond holding fracking wastewater in Tioga County leaked pollutants, including arsenic and strontium, through holes in its liner into groundwater and a nearby trout stream.
- West Virginia: Oil and gas wastewater dumped or spilled in rivers in West Virginia and Pennsylvania contains high levels of potentially hazardous ammonium and iodide, according to a study by Duke University scientists.
- North Dakota: In January 2015, three million gallons of drilling wastewater spilled from a leaky pipe outside Williston, polluting a tributary of the Missouri River. In July 2011, a pipeline serving a well in Bottineau County leaked over two million gallons of fracking wastewater, damaging 24 acres of private land.
- Colorado: A contractor for a pipeline services firm gave a detailed account of sand-blasting pulverized waste buildup (called “scale”) from pipeline seals directly into the air outdoors without a filter, even though such dust can be radioactive and cause damage to lungs.
- Across the Marcellus region: Over the past several years, landfills in states around the Marcellus shale formation—even in New York, where fracking is prohibited—have experienced increasing shipments of drill cuttings that contain high levels of radiation. Many of the landfills do not test for radiation and do not have adequate controls to prevent the often toxic and radioactive “leachate” from seeping into groundwater.
“Although West Virginia has taken some steps to improve regulation, the state's approach has been to permit horizontal drilling without carefully considering whether current methods of waste disposal are appropriate or adequate,” Julie Archer, project manager at the West Virginia Surface Owners Rights Organization, said. “It's past time for the EPA to provide clear guidance on how these wastes should be handled to protect our communities."
EPA’s current regulations do not take into account the dangerous contents of oil and gas wastes or their unique handling and disposal practices. Since 1988, the agency has acknowledged the shortcoming of its basic rules for solid waste management and has indicated that it needs to create enhanced rules tailored to the oil and gas industry. However, the agency has yet to take any action to develop these updated regulations.
“A major reason for the industry’s use of injection wells to dispose of toxic fracking waste is the low disposal cost,” Teresa Mills, director of the Ohio field office for the Center for Health, Environment and Justice, said. “We reject this reasoning because the public’s health and safety must come first.”
“As an organization representing hundreds of families living in close proximity to oil and gas operations, we see not only the physical pollution, but also the psychological toll that oil and gas waste exacts on communities,” Dan Olson, executive director of the Colorado-based San Juan Citizens Alliance, said. “That the EPA is 30 years overdue in creating common sense rules for managing toxic waste from oil and gas operations is a cause of great concern for everyone living near these sources of improperly regulated industrial pollution.”
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1. Stay Informed<p>A first order of business in pet evacuation planning is to understand and be ready for the possible threats in your area. Visit <a href="https://www.ready.gov/be-informed" target="_blank">Ready.gov</a> to learn more about preparing for potential disasters such as floods, hurricanes, and wildfires. Then pay attention to related updates by tuning <a href="http://www.weather.gov/nwr/" target="_blank">NOAA Weather Radio</a> to your local emergency station or using the <a href="https://www.fema.gov/mobile-app" target="_blank">FEMA app</a> to get National Weather Service alerts.</p>
2. Ensure Your Pet is Easily Identifiable<p><span>Household pets, including indoor cats, should wear collars with ID tags that have your mobile phone number. </span><a href="https://www.avma.org/microchipping-animals-faq" target="_blank" rel="noopener noreferrer">Microchipping</a><span> your pets will also improve your chances of reunion should you become separated. Be sure to add an emergency contact for friends or relatives outside your immediate area.</span></p><p>Additionally, use <a href="https://secure.aspca.org/take-action/order-your-pet-safety-pack" target="_blank" rel="noopener noreferrer">'animals inside' door/window stickers</a> to show rescue workers how many pets live there. (If you evacuate with your pets, quickly write "Evacuated" on the sticker so first responders don't waste time searching for them.)</p>
3. Make a Pet Evacuation Plan<p> "No family disaster plan is complete without including your pets and all of your animals," says veterinarian Heather Case in <a href="https://www.youtube.com/watch?v=Q9NRJkFKAm4" target="_blank">a video</a> produced by the American Veterinary Medical Association.</p><p>It's important to determine where to take your pet in the event of an emergency.</p><p>Red Cross shelters and many other emergency shelters allow only service animals. Ask your vet, local animal shelters, and emergency management officials for information on local and regional animal sheltering options.</p><p>For those with access to the rare shelter that allows pets, CDC offers <a href="https://www.cdc.gov/healthypets/emergencies/pets-in-evacuation-centers.html" target="_blank">tips on what to expect</a> there, including potential health risks and hygiene best practices.</p><p>Beyond that, talk with family or friends outside the evacuation area about potentially hosting you and/or your pet if you're comfortable doing so. Search for pet-friendly hotel or boarding options along key evacuation routes.</p><p>If you have exotic pets or a mix of large and small animals, you may need to identify multiple locations to shelter them.</p><p>For other household pets like hamsters, snakes, and fish, the SPCA recommends that if they normally live in a cage, they should be transported in that cage. If the enclosure is too big to transport, however, transfer them to a smaller container temporarily. (More on that <a href="https://www.spcai.org/take-action/emergency-preparedness/evacuation-how-to-be-pet-prepared" target="_blank" rel="noopener noreferrer">here</a>.)</p><p>For any pet, a key step is to establish who in your household will be the point person for gathering up pets and bringing their supplies. Keep in mind that you may not be home when disaster strikes, so come up with a Plan B. For example, you might form a buddy system with neighbors with pets, or coordinate with a trusted pet sitter.</p>
4. Prepare a Pet Evacuation Kit<p>Like the emergency preparedness kit you'd prepare for humans, assemble basic survival items for your pets in a sturdy, easy-to-grab container. Items should include:</p><ul><li>Water, food, and medicine to last a week or two;</li><li>Water, food bowls, and a can opener if packing wet food;</li><li>Litter supplies for cats (a shoebox lined with a plastic bag and litter may work);</li><li>Leashes, harnesses, or vehicle restraints if applicable;</li><li>A <a href="https://www.avma.org/resources/pet-owners/emergencycare/pet-first-aid-supplies-checklist" target="_blank">pet first aid kit</a>;</li><li>A sturdy carrier or crate for each cat or dog. In addition to easing transport, these may serve as your pet's most familiar or safe space in an unfamiliar environment;</li><li>A favorite toy and/or blanket;</li><li>If your pet is prone to anxiety or stress, the American Kennel Club suggests adding <a href="https://www.akc.org/expert-advice/home-living/create-emergency-evacuation-plan-dog/" target="_blank" rel="noopener noreferrer">stress-relieving items</a> like an anxiety vest or calming sprays.</li></ul><p>In the not-unlikely event that you and your pet have to shelter in different places, your kit should also include:</p><ul><li>Detailed information including contact information for you, your vet, and other emergency contacts;</li><li>A list with phone numbers and addresses of potential destinations, including pet-friendly hotels and emergency boarding facilities near your planned evacuation routes, plus friends or relatives in other areas who might be willing to host you or your pet;</li><li>Medical information including vaccine records and a current rabies vaccination tag;</li><li>Feeding notes including portions and sizes in case you need to leave your pet in someone else's care;</li><li>A photo of you and your pet for identification purposes.</li></ul>
5. Be Ready to Evacuate at Any Time<p>It's always wise to be prepared, but stay especially vigilant in high-risk periods during fire or hurricane season. Practice evacuating at different times of day. Make sure your grab-and-go kit is up to date and in a convenient location, and keep leashes and carriers by the exit door. You might even stow a thick pillowcase under your bed for middle-of-the-night, dash-out emergencies when you don't have time to coax an anxious pet into a carrier. If forecasters warn of potential wildfire, a hurricane, or other dangerous conditions, bring outdoor pets inside so you can keep a close eye on them.</p><p>As with any emergency, the key is to be prepared. As the American Kennel Club points out, "If you panic, it will agitate your dog. Therefore, <a href="https://www.akc.org/expert-advice/home-living/create-emergency-evacuation-plan-dog/" target="_blank" rel="noopener noreferrer">pet disaster preparedness</a> will not only reduce your anxiety but will help reduce your pet's anxiety too."</p>
Evacuating Horses and Other Farm Animals<p>The same basic principles apply for evacuating horses and most other livestock. Provide each with some form of identification. Ensure that adequate food, water, and medicine are available. And develop a clear plan on where to go and how to get there.</p><p>Sheltering and transporting farm animals requires careful coordination, from identifying potential shelter space at fairgrounds, racetracks, or pastures, to ensuring enough space is available in vehicles and trailers – not to mention handlers and drivers on hand to support the effort.</p><p>For most farm animals, the Red Cross advises that you consider precautionary evacuation when a threat seems imminent but evacuation orders haven't yet been announced. The American Veterinary Medical Association has <a href="https://www.avma.org/resources/pet-owners/emergencycare/large-animals-and-livestock-disasters" target="_blank">more information</a>.</p>
Bottom Line: If You Need to Evacuate, So Do Your Pets<p>As the Humane Society warns, pets left behind in a disaster can easily be injured, lost, or killed. Plan ahead to make sure you can safely evacuate your entire household – furry members included.</p>
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