FRACKING NEWS

Despite Fracking Ban, New Yorkers Saddled with 

Radioactive Fracking Waste

New report lifts the veil on how NYS has enabled Pennsylvania to dump more than 460,000 tons of fracking waste inside our borders.

Albany – A new report from Environmental Advocates of New York sheds light on the practice of potentially radioactive out-of-state fracking waste getting dumped in New York despite Governor Cuomo’s ongoing implementation of a ban on high-volume hydraulic fracturing (fracking).

“Fracking wastes are notoriously toxic and radioactive,” said Liz Moran, water and natural resources associate, and report author. “Despite knowing the public health concerns, the Department of Environmental Conservation (DEC) enables New York landfills to accept Pennsylvania’s fracking waste with little oversight. If fracking isn’t safe for New Yorkers, then waste from other states’ fracking operations isn’t safe for New Yorkers either.”

Key Concerns

To date, the Pennsylvania Department of Environmental Protection reports that at least 460,000 tons of solid fracking waste and 23,000 barrels of liquid waste have been dumped in seven New York landfills. Comparatively, the DEC says the state does not accept this type of waste.

Additionally:

• In 2013, radiation detectors in Pennsylvania were triggered more than 1000 times by the same kind of fracking waste accepted by New York, signaling dangerous levels of radiation – while not a single radioactive detector was set off by New York landfills.
• Leachate (toxins from solid waste that leach into collection pools) from landfills ends up in New York’s wastewater treatment plants, none of which are capable of ridding water of radiation or other dangerous chemicals.
• The DEC has failed to implement standardized oversight, regulation or testing, and has fallen far short of the strong public health safeguards that guided the state Department of Health’s fracking review.

Read more at Environmental Advocates of New York

See also an earlier report, Fracking Waste: A Radioactive Legacy for New York? 

New - and Worrisome - Contaminants Emerge from 

Oil and Gas Wells

Researchers find alarming levels of ammonium and iodide in fracking wastewater released into Pennsylvania and West Virginia streams.

Two hazardous chemicals never before known as oil and gas industry pollutants – ammonium and iodide – are being released into Pennsylvania and West Virginia waterways from the booming energy operations of the Marcellus shale, a new study shows.

Treatment plants were never designed to handle these contaminants.

The toxic substances, which can have a devastating impact on fish, ecosystems, and potentially, human health, are extracted from geological formations along with natural gas and oil during both hydraulic fracturing and conventional drilling operations, said Duke University scientists in a study published today in the journal Environmental Science & Technology.

The chemicals then are making their way into streams and rivers, both accidentally and through deliberate release from treatment plants that were never designed to handle these contaminants, the researchers said.

Read more at DailyClimate.org

New Report: Oil and Gas Industry using Flawed Research to Promote Fracking

BUFFALO, NY – The oil and gas industry is using flawed research to give the impression of a scientific consensus that fracking is safe and beneficial, according to a new report released today by the Public Accountability Initiative (PAI).

The report, titled “Frackademia in Depth,” assesses over 130 studies that the industry has put forward to help make the scientific case for fracking, analyzing them for the strength of their industry ties and their relative academic quality (whether they were peer-reviewed).

PAI found that only 14% of the studies had been subject to peer review, while nearly 76% had some degree of connection to the oil and gas industry through funders, authors, and issuers.

PAI also found that the list included reports that had been discredited and retracted by the institutions that published them, including a 2012 report from the University of Texas that an independent panel convened by the school decried as “falling short of contemporary standards of scientific work” after PAI revealed undisclosed conflicts of interest and shoddy scholarship.

The extensive list of studies analyzed in the report was originally compiled by Energy in Depth, a nationwide industry outreach effort, and used to convince legislators in Allegheny County, Pennsylvania to lease mineral rights under a county park for fracking. The list opens a telling window onto the body of fracking research that the oil and gas industry deems fit for public consumption.

“Though the industry says that the science is settled in favor fracking, their own best evidence does not support that claim,” said Robert Galbraith, a research analyst at PAI and co-author of the report.

Read the report at PublicAccountability.org

ExxonMobil slammed with $2.3 Million Fine for 

Fracking-related Water Pollution

The EPA found a roundabout way of holding natural gas drillers accountable for Clean Water Act violations.

The EPA just hit XTO Energy, a subsidiary of ExxonMobil and the nation’s largest natural gas company, with a cool $2.3 million fine for Clean Water Act violations related to its fracking activities in West Virginia.

This is big: you rarely hear about frackers being held federally accountable for polluting water supplies, thanks to Bush-era legislation commonly known as the “Halliburton Loophole.” Basically, it ensures that fracking is exempted from the portions of the Safe Drinking Water Act and Clean Water Act that would typically make it accountable to federal oversight; as such, the EPA is mostly prevented from regulating both the process and the chemicals it injects into the ground.

The EPA’s approach is a clever workaround of those restrictions. As CleanTechnica’s Tina Casey explains, the pollution targeted by the EPA wasn’t caused by fracking itself, but instead by other, ordinary violations committed by XTO: the company, it charges, dumped sand, dirt, rocks and other dirty fill materials into streams and wetlands without a permit, in violation of the Clean Water Act.

In total, the company damaged 5,300 linear feet of streams and 3.38 acres of wetland — making the $2.3 million fine comparatively large, particularly when you consider the extra $3 million it agreed to pay in restoration costs.

This isn’t the first time the EPA has pursued this roundabout policy of holding frackers accountable. Last year, it nailed fracking giant Chesapeake Energy for the same violation, resulting in a record $6.5 million settlement.

Read more at BuffaloNews.com

Fracking Waste: A Radioactive Legacy for New York?

        New York Landfills Import Hazardous Fracking Waste -- TAKE ACTION to Protect Our  Environment and Health

By David Kowalski .

Marcellus Shale contains radioactive materials, including uranium and its decay products, radium and radon. Normally, the radioactive material is safely buried deep underground. However, shale gas drilling and fracking bring radioactivity in solids and liquid wastewater to the surface, posing a risk to the environment and public health if not properly managed.

Radium and radon can cause cancer if ingested or inhaled. Radium causes leukemia and bone cancer. Radon, a gaseous decay product of radium, is the leading cause of lung cancer in non-smokers.

In 2009, the New York State Department of Environmental Conservation (DEC) found radium levels in Marcellus Shale wastewater that are thousands of times greater than that allowed in drinking water by the Environmental Protection Agency, and up to 267 times the limit for safe discharge into the environment.

Exemption from a key federal regulation allows gas industry solid and liquid waste to pass as “non-hazardous.” However, it is becoming more widely appreciated that the waste can contain radioactive materials, in which case it should be regulated as "hazardous" waste and be managed accordingly.

Drilling and fracking waste in the form of sludge from Pennsylvania Marcellus Shale has triggered radiation alarms at municipal landfills. The sludge contains flowback fluids, frack sand and other fluids. Sludge must contain at least 20% solids according to the DEC, implying that it could contain as much as 80% flowback fluid and other fluids containing soluble radioactive material.

Liquid leachate from landfills is sent to wastewater treatment plants unequipped to monitor or remove radioactive materials, threatening drinking water sources.

Waste from drilling and fracking in Pennsylvania has been imported by 6 New York landfills  (see Map at bottom of page), including one in Niagara Falls that is not permitted to receive radioactive waste.

In West Virginia, tons of waste from Marcellus natural gas wells are going to municipal landfills, and radioactivity is leaching into surface water.

In the first four months of 2014, nine loads of Pennsylvania shale gas drilling waste were rejected by local landfills because of higher-than-normal radioactivity. Some of this radioactive drilling waste was shipped from Pennsylvania to West Virginia landfills that are not required to monitor radioactivity.

The gas industry has not identified methods to safely dispose the hazardous, radioactive waste and is shipping it to municipal landfills. It would be costly for industry to properly dispose the waste at a facility licensed to handle radioactive waste, but this is exactly what must be done to protect the environment and public health.

The industry is also failing to cleanup the hazardous, radioactive material in fracking wastewater. A peer-reviewed scientific paper reported radium levels of 200 times background in Pennsylvania’s Blacklick Creek sediments downstream of a specialized fracking wastewater treatment plant. A large portion of the radioactivity in the fracking wastewater appeared to have been removed before discharge into the waterway, but it is not clear where that radioactive material was disposed.

Avner Vengosh, the Duke University researcher who led the scientific study, said that "once you have a release of fracking fluid into the environment, you end up with a radioactive legacy." Contamination by radium, which has a half-life of 1602 years, will persist in the environment for many thousands of years.

Radioactive materials are present in a variety of gas-bearing formations, not just the Marcellus. Radioactivity can be present in the wastewater not only after high-volume fracking, but also following low-volume fracking, which is currently permitted in New York.

The DEC permits spreading fracking waste called 'brine' (salty wastewater) obtained from low-volume fracking wells and gas storage facilities on roads for de-icing, dust control and road stabilization as well as on land for dust control. Spreading applications of fracking brine have been approved for use in portions of at least 23 municipalities in 7 western New York counties: Erie, Niagara, Chautauqua, Cattaraugus, Genessee, Wyoming, and Seneca. Also, the New York State Department of Transportation Region 6 received approval to spread brine from natural gas storage on State roads in portions of Steuben, Allegany, Chemung, Schuyler, and Yates Counties.

Spreading of any fracking wastewater on roads or land should not be permitted without first testing for radioactive materials. If radium and radon are present, aerosols and dust containing radium could be inhaled along with radon gas. Radium in liquid runoff that makes its way into drinking water and fish could be ingested.

Radium and radon in waste from shale gas drilling and fracking pose a serious threat to the environment and public health. Cancers induced by ingestion or inhalation of these radioactive materials can take years to develop.

Regulation of radioactive waste in gas drilling is just as lax now as it was shown to be in investigative reports of 2011. The public should demand that the New York State Legislature pass laws to protect our water, land, air and health from the dire consequences of long-lived radioactive contamination.

NY State Senator Tkaczyk sponsored a common-sense bill to ban transportation of fracking waste from Pennsylvania and elsewhere into New York and ban disposal. However, the bill was defeated in the Senate Environmental Conservation Committee in a straight party-line vote (7 Nays by Republicans to 6 Ayes by Democrats).

A key bill sponsored by Senator Avella (S674), and the 'same as' bill sponsored by Assemblyman Sweeney (A1046), would close the loophole that allows fracking waste to be designated as "non-hazardous," despite the fact that it can be hazardous in ways described above. Fracking waste needs to be monitored. If it contains radioactive or toxic materials, it should be regulated as "hazardous" waste and be stored, transported, and disposed in ways that protect the environment and health. As stated in the bill, "If not treated properly, hazardous waste can, among other concerns, lead to contaminated air, drinking water, soil, and food."

TAKE ACTION: Contact your NY State Senator (Click Here) and Assembly Member (Click Here) and ask them to co-sponsor the bills (S674 and A1046) to protect our environment and health.

Public input is more important than ever given heavy campaign contributions to state legislators from the natural gas industry.

In the absence of New York State laws, the public has little choice but to call for municipal bans on fracking waste in order to protect our environment and health.

An abbreviated version of this article was published in The Buffalo News on May 29, 2014.

Sources of Pennsylvania drilling/fracking waste disposed at 6 New York landfills
Credits: Karen Edelstein, NYS Coordinator for FracTracker Alliance

Steel Winds: Brownfields to Greenfields

Along with the national movement to expand renewable energy sources of electricity comes a need for appropriate land to accommodate large wind farms and solar arrays. One approach builds on the saying "when life gives you lemons, make lemonade". That approach was taken at the site of the former Bethlehem Steel plant in Lackawana NY near Buffalo in 2006: idle brownfields in the rustbelt were successfully re-purposed into an urban wind farm named 'Steel Winds'. The brownfields were transformed into Greenfields.

The Steel Winds project is now providing a model for the nation. The U.S. Environmental Protection Agency and the National Renewable Energy Laboratory have now identified nearly 4,100 contaminated sites deemed economically suitable for wind and solar power development, as well as biomass, according to a Scientific American article highlighting Steel Winds.

EPA's Re-Powering America's Lands initiative was formed last year to coordinate federal efforts to encourage the use of contaminated sites for renewable energy, such as brownfields, old mines, and landfills. The EPA highlighted Steel Winds as an example in its report, and also a solar photovoltaic facility sited at a former landfill in Fort Carson, Colorado as well as other sites.

According to the EPA report, brownfields and other contaminated lands are environmentally and economically beneficial for siting clean and renewable energy facilities because they:
• Generally have existing transmission capacity, infrastructure in place and adequate zoning
• Take the stress off undeveloped lands for construction of new energy facilities, preserving the land carbon sink
• Provide an economically viable reuse for sites with significant cleanup costs or low real estate development demand
• Provide job opportunities in urban and rural communities

Environmentalists are in favor of using brownfields and landfills for clean energy development because it relieves the development pressure on pristine places.

The EPA will kick off a series of national workshops to allow state and local leaders, renewable energy developers and conservation groups to brainstorm. A brownfields conference called "Revitalization in the New Economy" was held in Colorado last week. The 13th National Brownfields Conference will take place in New Orleans this week.