States Fail to Properly Manage Fracking Waste, Says Groundbreaking Report
It might seem illogical, but in 1988 the U.S. Environmental Protection Agency (EPA) put a loophole in the Resource Conservation and Recovery Act (RCRA) which regulates hazardous and solid waste, exempting the waste from oil and gas exploration, development and production (E &P) from oversight. While it conceded that such wastes might indeed be hazardous, it said that state regulations were adequate.
That was then, and this is now. The fracking boom has brought oil and gas operations into states and communities that never dealt with them before. Elected officials in those states are often beholden to those oil and gas interests, especially as the amount of money flowing into elections has multiplied exponentially. Basically, the fox is guarding the henhouse.
A new study, Wasting Away: Four states’ failure to manage oil and gas waste in the Marcellus and Utica Shale, conducted by Earthworks, explore just how inadequate state oversight of drilling operations is today. It specifically looks at four states that sit on top of the lucrative Marcellus and Utica shale deposits—New York, Ohio, Pennsylvania and West Virginia—to discover exactly how well they are doing in overseeing the identification and handling of the potentially hazardous waste materials left behind after the shale has been fracked.
Not very well, it found.
"Many of the questions asked about oil and gas field waste decades ago persist, including what it contains and how it is, and should be, treated and disposed of," the report says. "Also debated is whether states have the ability and resources to adequately protect water, soil, and air quality in the process. Many policymakers and advocates have started to ask: as drilling continues, where is all the waste going and what happens as a result? States are revising regulations and policies in an attempt to catch up with growing volumes and associated problems. However, these efforts by states, both current and proposed, are lacking."
The report points out that a series of high-profile events over the last seven years has raised public awareness and concern—events such as illegal dumping, wastewater spills and earthquakes. That awareness has also increased thanks to a burgeoning number of studies documenting the toxic ingredients in fracking waste and how they can enter the environment. Those studies were cited by Dr. Howard Zucker, New York state's commissioner of health, in his testimony that led that state to ban fracking in December 2014.
“Thirty years ago the Environmental Protection Agency exempted oil and gas waste from federal classification as hazardous, not because the waste isn’t hazardous, but because EPA determined state oversight was adequate,” said report lead author and Earthworks’ eastern program coordinator Nadia Steinzor. “But our analysis shows that states aren’t keeping track of this waste or disposing of it properly. States must take realistic, concrete steps to better protect the public.”
Earthworks' report made a series of specific recommendations of the types of regulations states should adopt. They include state-level legislation identifying oil and gas waste as hazardous, filling in gaps in current state laws, requiring testing of wastes before they leave the site, implementing "cradle to grave" tracking of wastes and requiring detailed documentation throughout its lifespan, upgrading testing and monitoring of wastes, and requiring treatment and disposal of wastes at specialized facilities designed to detoxify them.
It found all four states lacking. While it pointed out that West Virginia has adopted some new regulations and Pennsylvania is currently revising its regulations, it cited numerous shortcomings in how those states handle fracking waste. Of Ohio it said, "Even as shale gas development surges in Ohio, the state has done little to strengthen regulations and procedures related to waste management. HB59, passed in 2013, directed Ohio Department of Natural Resources (ODNR) to adopt rules for waste storage and disposal—but critical regulations have still not been put forward for public review and adoption. As a result, operators and disposal facilities have wide discretion to decide whether waste is contaminated and how to dispose of it."
"Ohio’s land and water are at great risk from improper and under-regulated disposal of fracking wastes," said Melanie Houston, director of water policy and environmental health at the Ohio Environmental Council. "As this report details, regulations in Ohio remain woefully inadequate when it comes to protecting human health and the environment from the radiological and chemical risks associated with fracking waste."
And although New York has banned fracking inside its borders, it still produces waste from conventional drilling and increasingly accepts fracking waste from other states. And like the EPA rule, it said that New York law specifically excludes all oil and gas field waste from the definition of industrial and hazardous waste.
"As a result, operators can dispose of waste at municipal waste landfills and sewage treatment plants," the report says. "The actual tracking of waste is currently left up to drillers and the operators of disposal facilities. Oil and gas operators are not required to report the volume, type, chemical content, disposal process, or origin and destination for waste with any specificity."
"This report illuminates the dirty secret of oil and gas development—what to do with the enormous amount of waste generated each year. In New York, problems with the improper reuse and disposal of oil and gas waste persist despite the ban on high-volume fracking," said Riverkeeper staff attorney Misti Duvall. "We have a state that not only allows importation of waste from Pennsylvania into New York’s landfills, but also permits the not-so-beneficial reuse of oil and gas waste on our roads. It’s past time for New York to rethink its haphazard approach to oil and gas waste.”
The report condemned the piecemeal "Create it now, figure it out later" approach taken by the states in the Marcellus and Utica shale region, saying "All four states have taken essentially the same approach—one that unfortunately has inadvertently created an opaque picture of what’s really happening with waste and inadequate efforts to fix problems associated with it."
"Drilling waste harms the environment and health, even though states have a mandate to protect both," said report co-author and Earthworks energy program director Bruce Baizel. "Their current ‘see no evil’ approach is part of the reason communities across the country are banning fracking altogether. States have a clear path forward: if the waste is dangerous and hazardous, stop pretending it isn’t and treat it and track it like the problem it is.”
YOU MIGHT ALSO LIKE
EcoWatch Daily Newsletter
- 29 Wildfires Blaze Across the West, Fueled by Drought and Wind ... ›
- Large Wildfires Scorch Forests in Drought-Stricken Southwest ... ›
Accessibility to quality health care has dropped for millions of Americans who lost their health insurance due to unemployment. mixetto / E+ / Getty Images
Accessibility to quality health care has dropped for millions of Americans who lost their health insurance due to unemployment. New research has found that 5.4 million Americans were dropped from their insurance between February and May of this year. In that three-month stretch more Americans lost their coverage than have lost coverage in any entire year, according to The New York Times.
- Trump Plans to End Federal Funding for COVID-19 Testing Sites ... ›
- 'Unfathomable Cruelty': Trump Admin Asks Supreme Court to ... ›
On hot days in New York City, residents swelter when they're outside and in their homes. The heat is not just uncomfortable. It can be fatal.
- Extreme Heat-Stressed Locations Could Increase by 80% - EcoWatch ›
- African Americans Are Disproportionately Exposed to Extreme Heat ... ›
- Extreme Heat Is Killing Americans While Government Neglect ... ›
Fracking companies are going bankrupt at a rapid pace, often with taxpayer-funded bonuses for executives, leaving harm for communities, taxpayers, and workers, the New York Time reports.
- Plunging Oil Prices Trigger Economic Downturn in Fracking Boom ... ›
- Fracking Boom Bursts in Face of Low Oil Prices - EcoWatch ›
- As Fracking Companies Face Bankruptcy, U.S. Regulators Enable ... ›
A report scheduled for release later Tuesday by Congress' non-partisan Government Accountability Office (GAO) finds that the Trump administration undervalues the costs of the climate crisis in order to push deregulation and rollbacks of environmental protections, according to The New York Times.
- Under Trump, EPA Workers Seek Bill of Rights to Allow Them to ... ›
- Trump Adds 'Tasteless Insult to Injury' by Pushing Fossil Fuel ... ›
By Kristen Fischer
It's going to be back-to-school time soon, but will children go into the classrooms?
The American Academy of Pediatrics (AAP) thinks so, but only as long as safety measures are in place.
Keeping Schools Safe<p>What will safer schools look like?</p><p>In a <a href="https://jamanetwork.com/journals/jama/fullarticle/2766822" target="_blank">JAMA article</a> published last month, <a href="https://www.jhsph.edu/faculty/directory/profile/1781/joshua-m-sharfstein" target="_blank">Dr. Joshua Sharfstein</a>, a pediatrician and professor at the Johns Hopkins Bloomberg School of Public Health, outlined suggestions — many of which are similar to AAP's.</p><p>Remote learning protocols must stay in place, especially as some schools stagger home and in-building learning. If another shutdown needs to occur, children will rely on distance learning completely, so it must be easy to switch to, he said.</p><p>He suggested giving parents a daily checklist to document their child's health. Kids should be screened quickly on arrival and be given hygiene supplies. Maintenance staff should use appropriate PPE and have regular cleaning schedules. A notification system should be in place if a case is identified, Sharfstein recommended.</p><p><a href="https://www.albany.edu/rockefeller/faculty/erika-martin" target="_blank">Erika Martin</a>, PhD, an associate professor of public administration and policy at University at Albany, said nutrition assistance and health services should be included. She called for tutoring programs with virtual options as well as technology access.</p>
Supporting Staff<p>Teachers and staff will be affected by safeguarding measures, noted <a href="https://directory.sph.umn.edu/bio/sph-a-z/rachel-widome" target="_blank">Rachel Widome</a>, PhD, an associate professor of epidemiology and community health at University of Minnesota.</p><p>"In order for all of the in-school precautions to work well, we'll be asking a lot of teachers and staff," Widome told Healthline. In addition to their usual workload, they'll now be asked to monitor mask-wearing, ensure children are keeping distance, and be aware of any symptoms.</p><p>Along with Sharfstein, Widome called for an increase in financial support. More employees will likely be required so teachers and staff members can keep up with the added demands.</p>
Should Kids Go Back?<p>While these guidelines may help get some schools to reopen, many people don't think children should go back to school over fears they could contract the disease and spread it to other vulnerable family members like grandparents, infant siblings, or their parents.</p><p>In a <a href="https://pediatrics.aappublications.org/content/early/2020/07/08/peds.2020-004879" target="_blank">Pediatrics</a> commentary, <a href="https://www.md.com/doctor/william-raszka-md" target="_blank">Dr. William V. Raszka, Jr.</a>, an infectious disease specialist at The University of Vermont Medical Center, argued that schools should open because school-aged children are far less important drivers of COVID-19 than adults.</p><p>But he says the risk and benefit is not equal among all students ages 5 to 18.</p><p>"Elementary schools are arguably higher priority for face-to-face schooling, since younger children are at lower risk for infection and transmission, and since parental supervision of younger children's distance learning may be particularly challenging," added Sorensen, who penned a <a href="https://jamanetwork.com/channels/health-forum/fullarticle/2767411" target="_blank">June article in JAMA</a> with reopening tips. "That means middle and high schools are more likely to emphasize distance learning."</p><p>Specific student populations, such as special education students and students with disabilities, would also benefit greatly from more time spent in face-to-face environments, Sorensen said.</p>
What Parents Can Do<p>Parents should ask for and receive frequent updates from schools about plans for the fall. They should also be informed about plans if and when COVID infections are identified, Sharfstein said.</p><p>"I'd like to see parents investing now, during the summer, in doing things that can slow and stop the spread of the virus in their communities," Widome said.</p><p>"Now is a good time for kids to practice wearing masks and get used to them as they may be wearing them for longer stretches if school starts up in person," Widome suggested.</p><p>She recommends parents try different mask designs and materials to see what children are more comfortable wearing.</p><p>"If you are using cloth face coverings, it's good to have extras on hand," Widome added.</p><p>Parents should model healthy behavior at home and while out in public — another thing that could affect how well children adapt to reopening practices, Sorensen said.</p><p>"Children may want to know more about face coverings," added <a href="https://www.linkedin.com/in/leescott/" target="_blank">Lee Scott</a>, chairwoman of the Educational Advisory Board at <a href="https://www.goddardschool.com/" target="_blank">The Goddard School</a>. "Dramatic play, such as creating or wearing a face covering, may help some children adjust to this concept." Schools can also show children photos of what faculty members look like in their masks so the students are familiar with that appearance.</p><p>Johns Hopkins University recently released its eSchool+ Initiative, a slew of resources surrounding education during the pandemic. These include a <a href="https://equityschoolplus.jhu.edu/reopening-checklist/" target="_blank">checklist for administrators</a>, report on <a href="https://equityschoolplus.jhu.edu/ethics-of-reopening/" target="_blank">ethical considerations</a>, and a tracker of <a href="https://equityschoolplus.jhu.edu/reopening-policy-tracker/" target="_blank">state and local reopening plans</a>.</p>
- Trump Admin Rejects CDC Reopening Guidelines - EcoWatch ›
- How Do You Stay Safe Now That States Are Reopening? - EcoWatch ›
- Florida Breaks U.S. Daily Record With Over 15,000 New ... ›
By Eoin Higgins
Over 300 groups on Monday urged Senate leadership to reject a bill currently under consideration that would incentivize communities to sell off their public water supplies to private companies for pennies on the dollar.
<div id="fea63" class="rm-shortcode" data-rm-shortcode-id="9a6f211c2bc5aedd34837944cb8eeedf"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1281000111481294849" data-partner="rebelmouse"><div style="margin:1em 0">Water in Illinois is overwhelmingly public. Why is Tammy Duckworth sponsoring a bill that aims to change that? https://t.co/1V36Kkd99s</div> — The American Prospect (@The American Prospect)<a href="https://twitter.com/TheProspect/statuses/1281000111481294849">1594249201.0</a></blockquote></div>
- DNC Ignores Progressive Climate Activists - EcoWatch ›
- Who's a Climate Champion and Who's a Climate Disaster? - EcoWatch ›