Category Archives: Water contamination

Riverkeeper sues U.S. DOT over oil train safety rules

Repost from The Times Union, State College, PA
[Editor: Note that this is a new filing, closely following the filing of May 14 by a coalition of environmental groups.  – RS]

Riverkeeper sues U.S. DOT over oil train safety rules

By Brian Nearing, May 18, 2015

The Hudson River environmental advocacy group Riverkeeper is challenging new U.S. Department of Transportation crude-by-rail standards in federal court, saying that they fail to protect the public and the environment from proven threats, according to a statement issued Monday.

The release states: Riverkeeper filed its lawsuit in the 2nd Circuit Court of Appeals in New York City on May 15, a little more than a week after the DOT issued a final tank car and railroad operation rule which had been the subject of scrutiny and controversy since its proposal in 2014. The suit closely follows another filed in the 9th Circuit Court of Appeals by a coalition of conservation and citizen groups that includes Earthjustice, Waterkeeper Alliance, ForestEthics and the Sierra Club.

The Hudson River and the Greater New York/New Jersey region, a thoroughfare for up to 25 percent of all crude shipments originating in the Bakken shale oil region, faces a daily risk of spills and explosions that could devastate communities, local economies, drinking water security, and the environment.

“These seriously flawed standards all but guarantee that there will be more explosive derailments, leaving people and the environment at grave risk,” Riverkeeper President Paul Gallay said. “The shortcomings are numerous, including an inadequate speed limit, unprotective tank car design, and time line that would allow these dangerous tank cars 10 more years on the rails. The DOT completely fails to recognize that we’re in the middle of a crisis – we don’t need bureaucratic half measures that are years away from implementation, we need common-sense protections today.”

Just this month, tank cars laden with crude oil derailed and exploded in Heimdal, North Dakota. Under the new DOT standards, the same type of cars that exploded in that disaster could stay in service hauling volatile crude oil for another five to eight years, or even indefinitely if they are used for tar sands.

Over the past several years, a series of fiery derailments, toxic spills, and explosions involving volatile crude and ethanol rail transport has caused billions in damages across North America. Crude-by-rail accidents threaten irreversible damage to waterways, many of which, like the Hudson River, serve as the source of drinking water for tens of thousands of people. This year alone,six oil-by-rail shipments have caught fire and exploded in North America. In July 2013, a derailment in Lac-Mégantic, Quebec, killed 47 people. The total liabilities for that rail disaster could easily reach $2.7 billion over the next decade.

Here are some of the ways the new safety standards fail to protect people and the environment:

• Hazardous cars carrying volatile crude oil can remain in service for up to 10 years.

• The rule rolls back public notification requirements, leaving communities and first responders in the dark about explosive crude oil tank cars rumbling through their towns.

• While new tank cars will require thicker shells to mitigate punctures and leaks, retrofit tank cars will be allowed to stay in use with a less protective design standard.

• Speed limits have been restricted only for “high threat urban areas,” but only two areas in New York have received that designation, Buffalo and New York City.

• The “high threat” category relates to cities seen as vulnerable to terrorist attacks by the Department of Homeland Security. It is unrelated to actual risks posed by crude-by-rail.

Groups sue to keep oil waste out of state’s aquifers

Repost from SFGate

Groups sue to keep oil waste out of state’s aquifers

By David R. Baker, Thursday, May 7, 2015 5:03 pm
Roger Christy a Petroleum Engineer walks a small portion of the eighteen square mile Kern River Oil Field in Bakersfield. 9,000 Oil wells at the Kern River Oil Field in Bakersfield owned by Chevron Oil along with two other fields in California produce on average 221,000 thousand barrels of oil per day. An additional 9,000 wells are scheduled to be drilled between the three fields this year, as Chevron goes after 3.8 Billion barrels that remain deep, using the steam method to extract the heavy crude that remains in beaded in the dense shell and layers of sand. Friday April 4, 2008 Photo By Lance / San Francisco Chronicle Photo: Lance Iversen / The Chronicle / SFC
Roger Christy a Petroleum Engineer walks a small portion of the eighteen square mile Kern River Oil Field in Bakersfield. 9,000 Oil wells at the Kern River Oil Field in Bakersfield owned by Chevron Oil along with two other fields in California produce on average 221,000 thousand barrels of oil per day. An additional 9,000 wells are scheduled to be drilled between the three fields this year, as Chevron goes after 3.8 Billion barrels that remain deep, using the steam method to extract the heavy crude that remains in beaded in the dense shell and layers of sand. Friday April 4, 2008 Photo By Lance / San Francisco Chronicle Photo: Lance Iversen / The Chronicle / SFC

Two environmental groups sued California regulators Thursday to stop oil companies from injecting wastewater into potentially usable aquifers beneath the state’s drought-ravaged Central Valley.

The suit, filed by the Sierra Club and the Center for Biological Diversity, claims the California agency that oversees oil fields is breaking the law by letting companies pump wastewater from their drilling operations into aquifers that the regulators were supposed to protect. The injections were the subject of a Chronicle investigation in February.

The state’s Division of Oil, Gas and Geothermal Resources (DOGGR) has moved to end the practice but has given oil companies until 2017 to shut down many of the injection wells. Environmentalists want all the wells closed immediately. The groups sued Thursday to overturn newly adopted regulations from the division that allow the continued injections.

“California has a drought, and we need to protect all the potential sources of drinking water we have, and DOGGR is allowing the continued pollution of aquifers,” said Will Rostov, a staff attorney for Earthjustice, which filed the suit on behalf of the environmental groups. “We want them to comply with the law, and the law is pretty clear — no more injections.”

The division declined to comment on the lawsuit.

The suit follows revelations that the division for years allowed oil companies to inject billions of barrels of water left over from oil pumping operations into aquifers that could have been used for drinking or irrigation. So far, no drinking-water wells have been found to be contaminated by the injections.

California’s oil reservoirs contain large amounts of salty water that must be separated from the petroleum and disposed of, usually by pumping it back underground. In 176 cases, the division let companies inject this “produced water” into high-quality aquifers — potentially clean enough to drink — that were supposed to be protected under federal law. Another 356 injection wells went into aquifers whose water could have been used with more extensive treatment.

In addition, the division improperly issued permits for about 2,000 wells that are pumping water or steam into aquifers that also contain oil, as a way of squeezing more petroleum out of the ground.

The injections angered federal and state officials, and the division’s newly installed director, Steven Bohlen, promised to end them. Twenty-three injection wells believed to pose the greatest risk to drinking water supplies have already been shut.

For the rest, however, the division set up a two-year closure schedule, with some allowed to operate until Feb. 15, 2017.

That lead time will give oil companies a chance to convince both the division and the U.S. Environmental Protection Agency that some of the aquifers — particularly those that also contain oil — should be considered suitable places either to dump produced water or inject steam to extract the petroleum. The EPA has the authority to declare an aquifer exempt from the federal Safe Drinking Water Act, making it eligible for wastewater injections.

“If they haven’t (already) been exempted from the Safe Drinking Water Act, the presence of economically recoverable oil makes them strong candidates for exemption,” Bohlen told California legislators at a hearing in March. “Water that comes mixed with oil is not something we want people drinking.”

Some aquifers, however, aren’t likely to receive an EPA exemption. In those cases, the 2017 deadline will give oil companies time to find other ways to get rid of their produced water, either by injecting it into one of the aquifers that the EPA has already declared exempt or by treating it on the surface.

Oil companies consider the two-year timetable short, but workable. Catherine Reheis-Boyd, president of the Western States Petroleum Association trade group, said the division’s plan should be given a chance to work, noting that it had received the EPA’s approval.

“The experts at those agencies, with the cooperation of oil producers, have made a careful evaluation of the situation and developed the action plan to address it,” she said Thursday. “This lawsuit is an attempt to thwart that regulatory process.”

The environmental groups want the injection wells shut now, while the oil companies apply to make some of the aquifers exempt.

“The division is doing it backwards, and that’s the point of this complaint,” Rostov said.

David R. Baker is a San Francisco Chronicle staff writer.

NY Times: Study Shows Fracking Chemicals in Pennsylvania Drinking Water

Repost from the New York Times
[Editor:  The reporter admirably gives industry spokespersons plenty of space to refute the claims of this study.  But don’t quit reading there.  Farther down in the article is scientific rebuttal and further explanation: “Dr. Brantley described the geology in northern Pennsylvania as being similar to a layer cake with numerous layers that extend down thousands of feet to the Marcellus Shale. The vertical fractures are like knife cuts through the layers. They can extend deep underground, and can act like superhighways for escaped gas and liquids from drill wells to travel along, for distances greater than a mile away, she said.”  – RS]

Fracking Chemicals Detected in Pennsylvania Drinking Water

By Nicholas St. Fleur, May 4, 2015
A natural gas well in Bradford County, Pa., where a study found that three households had traces of 2-Butoxyethanol or 2BE, a compound found in Marcellus Shale drilling fluids. Credit Reuters

An analysis of drinking water sampled from three homes in Bradford County, Pa., revealed traces of a compound commonly found in Marcellus Shale drilling fluids, according to a study published on Monday.

The paper, published in the Proceedings of the National Academy of Sciences, addresses a longstanding question about potential risks to underground drinking water from the drilling technique known as hydraulic fracturing, or fracking. The authors suggested a chain of events by which the drilling chemical ended up in a homeowner’s water supply.

“This is the first case published with a complete story showing organic compounds attributed to shale gas development found in a homeowner’s well,” said Susan Brantley, one of the study’s authors and a geoscientist from Pennsylvania State University.

The industry has long maintained that because fracking occurs thousands of feet below drinking-water aquifers, the drilling chemicals that are injected to break up rocks and release the gas trapped there pose no risk. In this study, the researchers note that the contamination may have stemmed from a lack of integrity in the drill wells and not from the actual fracking process far below. The industry criticized the new study, saying that it provided no proof that the chemical came from a nearby well.

In 2012, a team of environmental scientists collected drinking water samples from the households’ outdoor spigots. An analysis showed that the water in one household contained 2-Butoxyethanol or 2BE, a common drilling chemical. The chemical, which is also commonly used in paint and cosmetics, is known to have caused tumors in rodents, though scientists have not determined if those carcinogenic properties translate to humans. The authors said the amount found, which was measured in parts per trillion, was within safety regulations and did not pose a health risk.

Dr. Brantley said her team believed that the well contaminants came from either a documented surface tank leak in 2009 or, more likely, as a result of poor drilling well integrity.

The nearby gas wells, which were established in 2009, were constructed with a protective intermediate casing of steel and cement from the surface down to almost 1,000 feet. But the wells below that depth lacked the protective casing, and were potentially at greater risk of leaking their contents into the surrounding rock layers, according to Dr. Brantley.

In April 2011 the three homeowners in Bradford County sued the drilling company, Chesapeake Energy Corporation, over reports of finding natural gas and sediment in their drinking well water. In May of that year, the Pennsylvania Department of Environmental Protection cited the oil and gas company for violating the Pennsylvania Oil and Gas Act and Clean Streams Law by letting natural gas enter the drinking wells, though the company admitted no fault. In 2012, the homeowners settled the lawsuit and the company bought the three households.

As a result of that suit, the state environmental protection agency recommended that the drilling company require that their wells extend what are known as intermediate casings beyond 1,000 feet.

Dr. Brantley described the geology in northern Pennsylvania as being similar to a layer cake with numerous layers that extend down thousands of feet to the Marcellus Shale. The vertical fractures are like knife cuts through the layers. They can extend deep underground, and can act like superhighways for escaped gas and liquids from drill wells to travel along, for distances greater than a mile away, she said.

Katie Brown, an energy consultant with Energy in Depth, an advocacy group for the Independent Petroleum Association of America, said the authors had no evidence that the small traces they found of 2BE, which is also used in many household items, came from a drilling site.

“The entire case is based around the detection of an exceedingly small amount of a compound that’s commonly used in hundreds of household products,” Ms. Brown wrote in an email. “The researchers suggest the compound is also found in a specific drilling fluid, but then tell us they have no evidence that this fluid was used at the well site.”

Garth T. Llewellyn, a hydrogeologist with Appalachia Hydrogeologic and Environmental Consulting and the lead author of the report, said that when his team sampled water wells that were farther away from the drilling sites, they did not find any of the compounds found in the three households. “When you include all of the lines of evidence, it concludes that that’s the most probable source,” he said.

Victor Heilweil, a hydrogeologist from the University of Utah who was not involved with the study but reviewed its details, said it was noteworthy for showing “the detailed geologic fabric explaining how these contaminants can move relatively long distances from the depth to the drinking well.”

An environmental scientist from Stanford University, Rob Jackson, who also reviewed the paper, said it “clearly shows an impact of oil and gas drilling on water quality.” But he emphasized that this instance was an exception.

The dates of the incident were not surprising to Scott Anderson, a senior policy analyst with the environmental advocacy group Environmental Defense Fund, who said that well integrity was generally poor around 2008 and 2009. He said that using casings of steel and cement at depths below 1,000 feet was a good idea in this region. But he also noted that the industry has strengthened its practices since then, including increased use of intermediate casings.

“Industry knows how to construct wells properly, but the fact is that they don’t always do so,” Mr. Anderson said. “My hope would be that papers like this will encourage industry and its regulators to do a better job of doing what they already know they are supposed to do.”

NRDC Attorney: The tar sands invasion that can be stopped

Repost from NRDC Switchboard, Danielle Droitsch’s Blog

The tar sands invasion that can be stopped

Danielle Droitsch
Danielle Droitsch, senior attorney with NRDC, Canada Project Director, International Program.

By Danielle Droitsch, April 28, 2015

Many across the United States are aware of the tar sands threat posed by the proposed Keystone XL pipeline but what many may not know is the U.S. faces a looming threat that is bigger than just this one pipeline. We call it a tar sands invasion. The plan would be to complete a network of pipelines (both new and expanded), supertankers and barges, and a fleet of explosive railway tank cars. What is at risk? San Francisco Bay, Puget Sound, the Great Lakes, the Hudson River and other places we all call home. While the threat of this invasion is already here with the proposed Keystone XL pipeline, the good news is that citizens across North America are rising up to respond and repeal the assault with a clear message: Not by pipeline, not by rail, not by tanker. The good news is that public opposition to tar sands oil is rising and projects like Keystone XL and Northern Gateway have been delayed. The tar sands assault is not inevitable. In fact, the U.S. doesn’t need this dirty form of fuel and neither does Canada. The time has come to limit tar sands expansion in favor of a cleaner and brighter energy future.

Tar Sands Invasion Map 4-27-15.jpg

A new report released by NRDC reveals that the amount of tar sands crude moving into and through the North American West Coast could increase by more than 1.7 million barrels per day if industry proposals for pipelines, tankers and rail facilities move forward. For more information about this new information see posts by my colleagues Anthony Swift and Josh Axelrod. Why the west coast? With the majority of the world’s heavy oil refinery capacity, the United States including the west coast is a critical market for the tar sands industry. To be clear, Keystone XL still remains at the heart of the industry plan to expand tar sands and gain access to the global market. But industry is still pushing hard for other ways to expand especially as KXL flounders. It is important to keep in mind the tar sands industry – which currently produces about 2 million barrels per day (bpd) – plans to triple production to exceed 6 million bpd in the next fifteen years. The oil industry has made clear it needs all of its rail and pipeline proposals to achieve its massive production goals.

We know that the tar sands industry and Canadian government has long had a plan to quadruple or more tar sands extraction in Canada. KXL has always been a huge part of that. But it is now very clear that they also plan to access the U.S. and global market through every means possible.

This threatened invasion puts our communities, waters, air and climate in jeopardy. The Tar Sands Solutions Network has done an outstanding job outlining many of the different campaigns that are emerging across North America. This plan threatens to expose communities from California to New York to health, safety and environmental risks unless the public rallies to stop it. Here are some of the specific impacts that North America faces as a result of the tar sands invasion:

  • Across the West Coast, tar sands laden tanker and barge traffic could increase twenty-five fold, with a projected 2,000 vessels along the Pacific West Coast– including the Salish Sea and the Columbia River–shipping nearly two million barrels of tar sands crude every day.
  • A dozen proposed rail terminals would substantially increase tar sands by rail traffic going through densely populated American citizens like Los Angeles and Albany New York risking explosive derailments of hazardous crude unit trains
  • Nearly a million barrels of tar sands would be destined for California and Washington refineries, exposing fenceline communities in Anacortes, San Francisco and Los Angeles to increasing toxic air pollution.
  • In the Midwest, the pipeline company Enbridge is moving to nearly double the flow of tar sands moving through the Great Lakes region, an area that already has suffered from a 2010 spill of more than 800,000 gallons of the tar sands into the Kalamazoo River in Michigan sending hundreds of residents to the hospital. Four years later, the cleanup, which has cost more than $1 billion, is still unfinished.
  • On the East Coast, the tar sands industry is seeking to build the Energy East pipeline across Canada. The pipeline would run from Alberta east across Canada to New Brunswick and Quebec, carry 1.1 million barrels of tar sands oil per day and require hundreds of oil tankers traveling along the East Coast and Gulf Coast annually, through critical habitat of the extremely endangered Right Whale.
  • In Albany, New York, a proposed oil transfer facility could lead to the shipment of tar sands oil on barges down the Hudson River or rail cars along the river destined for facilities in the New Jersey and Philadelphia areas.
  • In Maine, Vermont, and New Hampshire, the constant threat of a proposed reversal of the aging Portland-Montreal Pipeline is likely to arise again as Enbridge completes work on a pipeline reversal that will connect the tar sands directly to Montreal this summer.
  • This network of pipelines will feed refineries that produce millions of tons of hazardous petroleum coke waste – known as “petcoke” – which are piling up in residential neighborhoods like Chicago.
  • In Canada, pipeline companies are trying to access the west and east costs with pipeline proposals that would ship the heavy tar sands oil across pristine landscapes in British Columbia or across the Prairies into Ontario and Quebec. Communities are raising concerns about the threat of a spill to waters from the pipeline or tankers leaving the Bay of Fundy of the Gulf of St. Lawrence.
  • And last but not least, communities in Alberta at ground zero have been facing the enormous consequences of tar sands development which has brought about significant contamination of water, air, and land. Increasingly, there are calls for a moratorium on development.

Targeting at risk communities

The tar sands invasion puts a high toll on low-income and aboriginal communities located in railway corridors, near oil refineries, and next to petcoke waste sites. In refinery fence-line communities, emissions associated with tar sands are suspected to be even more detrimental to human health than existing harmful emissions from conventional crude. Derailments of tar sands unit trains – mile long trains carrying over a hundred tankers full of explosive tar sands crude – pose a catastrophic risk for communities throughout the country. And as more tar sands oil is refined in the United States, the public will also face increased health and environmental risks from massive piles of petroleum coke, a coal-like waste full of heavy metals that results from tar sands oil refining and can cause serious damage to the respiratory system.

Industry would like for you to believe that tar sands development is inevitable and there is nothing that can be done. Wherever they turn today they are being faced with public opposition. Expansion is not inevitable, especially because of this growing and formidable opposition.

A climate problem

It is clear that tar sands reserves – some of the world’s most carbon intensive – are at the top of the list of reserves that must remain in the ground. Mounting scientific and economic analysis shows that the tar sands industry’s proposed expansion plan is incompatible with global efforts to address climate change. The Intergovernmental Panel on Climate Change (IPCC) concludes that 75% or more of discovered fossil fuel reserves must remain in the ground in order to limit warming to the international two degrees Celsius goal. The clear inconsistency between tar sands expansion and efforts to address climate change have made opposition to tar sands expansion projects a clear rallying point for a broad group of allies advocating for action on climate.

A water problem

A tar sands spill from train, pipeline, or tanker could devastate local economies, pristine wilderness, harm human health, and lead to an especially costly and challenging cleanup. Tar sands spills have proven more damaging than conventional spills, as heavy tar sands bitumen sinks below the water surface making it difficult to contain or recover. A spill from shipping the tar sands crude could devastate communities, contaminate freshwater supplies or marine habitats and damaging local economies.

Undermining efforts to grow our clean energy economy

The growing exploitation of Alberta’s tar sands threatens to undermine North American efforts to build a clean energy economy and combat global climate change. Because most tar sands crude is destined for the United States, its expansion would create a greater dependence on the world’s dirtiest crude oil and undermine our transition to environmentally sustainable energy and a cleaner transportation fleet. Responding to the tar sands invasion will require solutions reduce fossil fuel use and spur low-carbon transportation and energy solutions such as broadened electric vehicle use and development of renewable and clean fuels.

This tar sands invasion can be stopped: Clean Transportation Solutions

The good news is this tar sands invasion can be stopped starting with leadership from government officials to embrace climate and sustainable transportation solutions. NRDC’s report for the west coast outlines detailed recommendations for decision-makers at all levels. The first step is for decision-makers at all levels to become familiar with the unique issues associated with tar sands oil and then to actively identify the full range of solutions to confront this problem. Without action, the U.S. will unintentionally become a thoroughfare for this oil undermining climate policies and presenting risks to communities and water. With support for regional clean energy policies, we can prevent the influx of tar sands crude and build the green infrastructure and public support necessary to begin transitioning to a clean energy economy.