Whistleblower Says EPA Officials Covered Up Toxic Fracking Methane Emissions for Years

By Nika Knight
Why has the U.S. Environmental Protection Agency (EPA) failed to take adequate action against disastrous, climate-warming methane emissions from the fracking industry?
An environmental watchdog alleges that the answer may be a years-long, systematic cover-up of the true data surrounding these toxic emissions. That cover-up, the group says, was at the hands of at least one EPA researcher who accepted payments from the oil and gas industry.
In an incendiary federal complaint filed on Wednesday with the EPA's Inspector General, the 28-year-old North Carolina-based group NC WARN wrote that "there has been a persistent and deliberate cover-up that has prevented the agency from requiring the natural gas industry to make widespread, urgently needed and achievable reductions in methane venting and leakage across the nation's expanding natural gas infrastructure."
"Studies relied upon by EPA to develop policy and regulations were scientifically invalid," the organization charged.
Specifically, wrote NC WARN in a press statement, "Dr. David Allen, then-head of EPA's Science Advisory Board, has led an ongoing, three-year effort to cover up underreporting of the primary device, the Bacharach Hi-Flow Sampler and a second device used to measure gas releases from equipment across the natural gas industry. Allen is also on the faculty of the University of Texas at Austin, where he has been funded by the oil and gas industries for years."
"The EPA's failure to order feasible reductions of methane leaks and venting has robbed humanity of crucial years to slow the climate crisis," said Jim Warren, director of NC WARN. "The cover-up by Allen's team has allowed the industry to dig in for years of delay in cutting emissions—at the worst possible time."
The cover-up was discovered by NC WARN, the group wrote in its complaint, when it became aware that the very inventor of the Bacharach Hi-Flow Sampler, an engineer named Touché Howard, had been attempting to blow the whistle for years on the crucial instrument's malfunctioning. The critical failure causes the instrument to under-report methane emissions "up to 100-fold," the organization wrote.
Studies have shown the EPA underestimating methane leaks from fracked gas production for years and Howard's own research found that the agency has been "hugely underestimating" methane emissions specifically as a result of the faulty instrument, asCommon Dreams reported.
"In the extreme, that kind of failure could lead to catastrophic explosions," Howard told the Los Angeles Times.
The complaint describes Howard's repeated attempts to warn the EPA and Allen about the instrument and the silence he received in response.
"It appears that the goal of the [University of Texas] team was not to critically examine the problems but to convince [Environmental Defense Fund, who co-authored the study] and its production committee members that no problems existed," NC WARN added.
"We believe Mr. Howard was specifically prevented from providing input because the [University of Texas] team knew that he would be able to show that their counterarguments were faulty and the resulting studies scientifically invalid," the group concluded.
Howard's concerns and the specific mechanical problems of the measurement instrument he has repeatedly pointed out have to this date never been addressed, "resulting in the failure of the EPA to accurately report methane emissions for more than two years, much less require reductions," the complaint noted. "Meanwhile, the faulty data and measuring equipment are still being used extensively throughout the natural gas industry worldwide."
Indeed, a graphic included in the complaint demonstrates that the malfunctioning Bacharach Hi-Flow Sampler is relied upon to measure methane emissions at nearly every point in the fracked gas production process:
It's no mystery why Allen may have been so determined to fudge the data on toxic fracked gas emissions, NC WARN argued: "His disclosure statements [...] show his research and consulting have long been funded by the oil and gas industry."
NC WARN requested that the EPA Inspector General, the agency's internal watchdog, investigate its allegations of fraud and abuse by Allen and other EPA officials; retract Allen's studies and examine all EPA standards and policies that relied on those studies; conduct a new, scientifically valid study to "accurately quantify methane" emissions from the fracked gas extraction and production process; as well as investigate the EPA's reliance on researchers with industry bias and conflicts of interest.
Moreover, the group recommended that the EPA "redress the damage that has been done" by doing the following:
1. EPA should institute a zero emission goal for methane;
2. EPA should initiate a full regimen for oversight, testing and remediation of methane emissions in the natural gas industry; and
3. EPA should take into account the global warming potential of methane emissions over a 20-year (not 100-year) timeframe.
Warren added that the only permanent solution to the problem of methane leaks is a total ban on fracking: "Fracking for gas and oil must also be stopped for a host of reasons. We're reaching out to communities, workers, advocates and elected officials to join the call for an investigation into EPA's scientific fraud."
"The people of this nation," Warren went on, "must demand that regulators and politicians reject the pervasive pressure of corporate money, stop coddling the polluters—and do their jobs on behalf of the public."
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Trending
By Eric Tate and Christopher Emrich
Disasters stemming from hazards like floods, wildfires, and disease often garner attention because of their extreme conditions and heavy societal impacts. Although the nature of the damage may vary, major disasters are alike in that socially vulnerable populations often experience the worst repercussions. For example, we saw this following Hurricanes Katrina and Harvey, each of which generated widespread physical damage and outsized impacts to low-income and minority survivors.
Mapping Social Vulnerability
<p>Figure 1a is a typical map of social vulnerability across the United States at the census tract level based on the Social Vulnerability Index (SoVI) algorithm of <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/1540-6237.8402002" target="_blank"><em>Cutter et al.</em></a> [2003]. Spatial representation of the index depicts high social vulnerability regionally in the Southwest, upper Great Plains, eastern Oklahoma, southern Texas, and southern Appalachia, among other places. With such a map, users can focus attention on select places and identify population characteristics associated with elevated vulnerabilities.</p>Fig. 1. (a) Social vulnerability across the United States at the census tract scale is mapped here following the Social Vulnerability Index (SoVI). Red and pink hues indicate high social vulnerability. (b) This bivariate map depicts social vulnerability (blue hues) and annualized per capita hazard losses (pink hues) for U.S. counties from 2010 to 2019.
<p>Many current indexes in the United States and abroad are direct or conceptual offshoots of SoVI, which has been widely replicated [e.g., <a href="https://link.springer.com/article/10.1007/s13753-016-0090-9" target="_blank"><em>de Loyola Hummell et al.</em></a>, 2016]. The U.S. Centers for Disease Control and Prevention (CDC) <a href="https://www.atsdr.cdc.gov/placeandhealth/svi/index.html" target="_blank">has also developed</a> a commonly used social vulnerability index intended to help local officials identify communities that may need support before, during, and after disasters.</p><p>The first modeling and mapping efforts, starting around the mid-2000s, largely focused on describing spatial distributions of social vulnerability at varying geographic scales. Over time, research in this area came to emphasize spatial comparisons between social vulnerability and physical hazards [<a href="https://doi.org/10.1007/s11069-009-9376-1" target="_blank"><em>Wood et al.</em></a>, 2010], modeling population dynamics following disasters [<a href="https://link.springer.com/article/10.1007%2Fs11111-008-0072-y" target="_blank" rel="noopener noreferrer"><em>Myers et al.</em></a>, 2008], and quantifying the robustness of social vulnerability measures [<a href="https://doi.org/10.1007/s11069-012-0152-2" target="_blank" rel="noopener noreferrer"><em>Tate</em></a>, 2012].</p><p>More recent work is beginning to dissolve barriers between social vulnerability and environmental justice scholarship [<a href="https://doi.org/10.2105/AJPH.2018.304846" target="_blank" rel="noopener noreferrer"><em>Chakraborty et al.</em></a>, 2019], which has traditionally focused on root causes of exposure to pollution hazards. Another prominent new research direction involves deeper interrogation of social vulnerability drivers in specific hazard contexts and disaster phases (e.g., before, during, after). Such work has revealed that interactions among drivers are important, but existing case studies are ill suited to guiding development of new indicators [<a href="https://doi.org/10.1016/j.ijdrr.2015.09.013" target="_blank" rel="noopener noreferrer"><em>Rufat et al.</em></a>, 2015].</p><p>Advances in geostatistical analyses have enabled researchers to characterize interactions more accurately among social vulnerability and hazard outcomes. Figure 1b depicts social vulnerability and annualized per capita hazard losses for U.S. counties from 2010 to 2019, facilitating visualization of the spatial coincidence of pre‑event susceptibilities and hazard impacts. Places ranked high in both dimensions may be priority locations for management interventions. Further, such analysis provides invaluable comparisons between places as well as information summarizing state and regional conditions.</p><p>In Figure 2, we take the analysis of interactions a step further, dividing counties into two categories: those experiencing annual per capita losses above or below the national average from 2010 to 2019. The differences among individual race, ethnicity, and poverty variables between the two county groups are small. But expressing race together with poverty (poverty attenuated by race) produces quite different results: Counties with high hazard losses have higher percentages of both impoverished Black populations and impoverished white populations than counties with low hazard losses. These county differences are most pronounced for impoverished Black populations.</p>Fig. 2. Differences in population percentages between counties experiencing annual per capita losses above or below the national average from 2010 to 2019 for individual and compound social vulnerability indicators (race and poverty).
<p>Our current work focuses on social vulnerability to floods using geostatistical modeling and mapping. The research directions are twofold. The first is to develop hazard-specific indicators of social vulnerability to aid in mitigation planning [<a href="https://doi.org/10.1007/s11069-020-04470-2" target="_blank" rel="noopener noreferrer"><em>Tate et al.</em></a>, 2021]. Because natural hazards differ in their innate characteristics (e.g., rate of onset, spatial extent), causal processes (e.g., urbanization, meteorology), and programmatic responses by government, manifestations of social vulnerability vary across hazards.</p><p>The second is to assess the degree to which socially vulnerable populations benefit from the leading disaster recovery programs [<a href="https://doi.org/10.1080/17477891.2019.1675578" target="_blank" rel="noopener noreferrer"><em>Emrich et al.</em></a>, 2020], such as the Federal Emergency Management Agency's (FEMA) <a href="https://www.fema.gov/individual-disaster-assistance" target="_blank" rel="noopener noreferrer">Individual Assistance</a> program and the U.S. Department of Housing and Urban Development's Community Development Block Grant (CDBG) <a href="https://www.hudexchange.info/programs/cdbg-dr/" target="_blank" rel="noopener noreferrer">Disaster Recovery</a> program. Both research directions posit social vulnerability indicators as potential measures of social equity.</p>Social Vulnerability as a Measure of Equity
<p>Given their focus on social marginalization and economic barriers, social vulnerability indicators are attracting growing scientific interest as measures of inequity resulting from disasters. Indeed, social vulnerability and inequity are related concepts. Social vulnerability research explores the differential susceptibilities and capacities of disaster-affected populations, whereas social equity analyses tend to focus on population disparities in the allocation of resources for hazard mitigation and disaster recovery. Interventions with an equity focus emphasize full and equal resource access for all people with unmet disaster needs.</p><p>Yet newer studies of inequity in disaster programs have documented troubling disparities in income, race, and home ownership among those who <a href="https://eos.org/articles/equity-concerns-raised-in-federal-flood-property-buyouts" target="_blank">participate in flood buyout programs</a>, are <a href="https://www.eenews.net/stories/1063477407" target="_blank" rel="noopener noreferrer">eligible for postdisaster loans</a>, receive short-term recovery assistance [<a href="https://doi.org/10.1016/j.ijdrr.2020.102010" target="_blank" rel="noopener noreferrer"><em>Drakes et al.</em></a>, 2021], and have <a href="https://www.texastribune.org/2020/08/25/texas-natural-disasters--mental-health/" target="_blank" rel="noopener noreferrer">access to mental health services</a>. For example, a recent analysis of federal flood buyouts found racial privilege to be infused at multiple program stages and geographic scales, resulting in resources that disproportionately benefit whiter and more urban counties and neighborhoods [<a href="https://doi.org/10.1177/2378023120905439" target="_blank" rel="noopener noreferrer"><em>Elliott et al.</em></a>, 2020].</p><p>Investments in disaster risk reduction are largely prioritized on the basis of hazard modeling, historical impacts, and economic risk. Social equity, meanwhile, has been far less integrated into the considerations of public agencies for hazard and disaster management. But this situation may be beginning to shift. Following the adage of "what gets measured gets managed," social equity metrics are increasingly being inserted into disaster management.</p><p>At the national level, FEMA has <a href="https://www.fema.gov/news-release/20200220/fema-releases-affordability-framework-national-flood-insurance-program" target="_blank">developed options</a> to increase the affordability of flood insurance [Federal Emergency Management Agency, 2018]. At the subnational scale, Puerto Rico has integrated social vulnerability into its CDBG Mitigation Action Plan, expanding its considerations of risk beyond only economic factors. At the local level, Harris County, Texas, has begun using social vulnerability indicators alongside traditional measures of flood risk to introduce equity into the prioritization of flood mitigation projects [<a href="https://www.hcfcd.org/Portals/62/Resilience/Bond-Program/Prioritization-Framework/final_prioritization-framework-report_20190827.pdf?ver=2019-09-19-092535-743" target="_blank" rel="noopener noreferrer"><em>Harris County Flood Control District</em></a>, 2019].</p><p>Unfortunately, many existing measures of disaster equity fall short. They may be unidimensional, using single indicators such as income in places where underlying vulnerability processes suggest that a multidimensional measure like racialized poverty (Figure 2) would be more valid. And criteria presumed to be objective and neutral for determining resource allocation, such as economic loss and cost-benefit ratios, prioritize asset value over social equity. For example, following the <a href="http://www.cedar-rapids.org/discover_cedar_rapids/flood_of_2008/2008_flood_facts.php" target="_blank" rel="noopener noreferrer">2008 flooding</a> in Cedar Rapids, Iowa, cost-benefit criteria supported new flood protections for the city's central business district on the east side of the Cedar River but not for vulnerable populations and workforce housing on the west side.</p><p>Furthermore, many equity measures are aspatial or ahistorical, even though the roots of marginalization may lie in systemic and spatially explicit processes that originated long ago like redlining and urban renewal. More research is thus needed to understand which measures are most suitable for which social equity analyses.</p>Challenges for Disaster Equity Analysis
<p>Across studies that quantify, map, and analyze social vulnerability to natural hazards, modelers have faced recurrent measurement challenges, many of which also apply in measuring disaster equity (Table 1). The first is clearly establishing the purpose of an equity analysis by defining characteristics such as the end user and intended use, the type of hazard, and the disaster stage (i.e., mitigation, response, or recovery). Analyses using generalized indicators like the CDC Social Vulnerability Index may be appropriate for identifying broad areas of concern, whereas more detailed analyses are ideal for high-stakes decisions about budget allocations and project prioritization.</p>Wisconsin will end its controversial wolf hunt early after hunters and trappers killed almost 70 percent of the state's quota in the hunt's first 48 hours.
By Jessica Corbett
Sen. Bernie Sanders on Tuesday was the lone progressive to vote against Tom Vilsack reprising his role as secretary of agriculture, citing concerns that progressive advocacy groups have been raising since even before President Joe Biden officially nominated the former Obama administration appointee.