water pollution

California Urban Water Use Restricted While Regulators Give Oil Industry Two More Years To Operate Injection Wells In Protected Groundwater Aquifers

With snowpack levels at just 6% of their long-term average, the lowest they’ve ever been in recorded history, California Governor Jerry Brown has announced new regulations to cut urban water use 25%, the first ever mandatory water restrictions in the state.

California is in the fifth year of its historic, climate-exacerbated drought and, per a recent analysis by a senior water scientist at NASA, has only one year of water left in its reservoirs, while groundwater levels are at an all-time low.

The Golden State’s towns and cities only account for about 20% of all water used for human purposes, however (including residential, institutional, industrial and commercial uses). Agriculture uses the other 80%.

Half of the produce grown in America comes from California, yet 2015 is likely to be the second year in a row that California’s farmers get no water allocation from state reservoirs. In some parts of the state, agricultural operations have pumped so much groundwater that the land is starting to sink.

Governor Brown’s executive order has been criticized for not including restrictions on groundwater pumping by agricultural operations, but Brown defended the decision, saying that hundreds of thousands of acres of land were already lying fallow because of the state’s water crisis.

There’s another industry conspicuously exempt from California’s new water restrictions, though. “Fracking and toxic injection wells may not be the largest uses of water in California, but they are undoubtedly some of the stupidest,” Zack Malitz of the environmental group Credo says, according to Reuters.

Calls For Immediate Shutdown Of Illegal California Injection Wells As Regulators Host 'Aquifer Exemption Workshop'

While California legislators are calling for immediate closure of the thousands of injection wells illegally dumping oil industry wastewater and enhanced oil recovery fluids into protected groundwater aquifers, regulators with the state’s Division of Oil, Gas and Geothermal Resources (DOGGR) were holding an “Aquifer Exemption Workshop” in Long Beach on Tuesday.

Just 23 out of the 2,500 wells DOGGR officials have acknowledged the agency improperly permitted to operate in aquifers that contain potentially drinkable water have so far been closed down — 11 were closed down last July and 12 more were shut down earlier this month.

Given the urgency of the situation, it certainly does not look good that DOGGR made time to hold a workshop to outline “the data requirements and process for requesting an aquifer exemption under the Safe Drinking Water Act,” when it has given itself a two-year deadline to investigate the thousands more wells illegally operating in groundwater aquifers that should have been protected under the federal Safe Drinking Water Act all along.

Last Friday, state legislators sent Governor Jerry Brown a letter calling for the immediate closure of the wells, writing that “the decision to allow thousands of injection wells to continue pumping potentially hazardous fluids into protected aquifers is reckless.”

And protestors with Californians Against Fracking were outside the Holiday Inn Long Beach Airport on Tuesday to greet DOGGR officials as they showed up for their workshop.

Legislators Call Out California Regulators’ “Corrupt, Inept” Management Of Underground Wastewater Injection

The fallout from California officials’ failure to properly oversee the disposal of oil industry wastewater continued this week as lawmakers grilled officials with the state’s oil and gas regulatory agency for two hours while seeking assurances that they were getting the problem under control.

According to the LA Times, state senators “called the agency’s historic practices corrupt, inept, and woefully mismanaged.”

Senator Hannah-Beth Jackson (D-Santa Barbara), who said that reading the background materials ahead of the hearing “caused her blood pressure to soar,” per the Times, pretty much nailed it when she said, “There has been a serious imbalance between the role [of] regulating the oil and gas industry and the role of protecting the public.”

DeSmog helped break the initial story in this ongoing saga last year when 11 underground injection wells were ordered to shut down over fears they were pumping toxic and carcinogenic chemical-laden wastewater from fracking and other oil production processes into groundwater aquifers protected under federal law. Last week, 12 more injection wells were shut down for the same reason.

In the intervening months, the true extent of the problem has slowly come to light. It was revealed in February that regulators at California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) wrongfully issued permits for close to 500 wells to inject oil industry wastewater into aquifers containing water that is useable or could be made useable—water that is badly needed in drought-stricken California and should have been protected under the federal Safe Drinking Water Act.

Legal Petition Seeks Emergency Moratorium On Fracking in California

A coalition of over 150 environmental, health, and public advocacy organizations in California filed a legal petition Thursday seeking to compel Governor Jerry Brown to issue an emergency moratorium on fracking in the state.

The proximate cause for the legal petition seems to be revelations that fracking flowback in California was found to contain dangerously high levels of toxic and carcinogenic chemicals such as benzene, toluene and hexavalent chromium. But evidence has been mounting for months that drastic measures are needed, as state regulators have utterly failed to protect residents from the oil and gas industry in California.

Flowback is a fluid that floats to the surface of fracked wells and is a key component of oil industry wastewater, which is most often disposed of by injecting it underground.

Over the past few months, however, it has come to light that regulators with California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) allowed hundreds of injection wells to dump oil industry wastewater into aquifers that contain water clean enough to drink or that could be made drinkable, and hence should have been protected under the federal Safe Drinking Water Act. The agency also permitted thousands more wells to inject fluids from “enhanced oil recovery” techniques such as acidization and cyclic steam injection into protected aquifers.

Junk Science? Report Finds Shale Industry Cited 'Retracted and Discredited' Studies

Since the beginning of the shale gas rush, the drilling industry has insisted that the process is relatively benign, arguing that its critics are simply fear-mongering and that a sober scientific review of the data fails to prove, for instance, that fracking has ever contaminated water supplies.

In the wake of New York Governor Andrew Cuomo's decision to disallow fracking in that state, for example, one of the most active boosters of the shale drilling rush, the industry-funded Energy in Depth, issued a statement labeling the ban “'Junk Science' and 'Political Theater.”

In the wake of news reports, academic publications, or policy decisions that it opposes, Energy in Depth often circulates lists of sources that it describes as debunking “junk science.” But how reliable is the science that EID cites?

A report issued today by the Public Accountability Initiative (PAI) reviews a list of over 130 studies cited by Energy in Depth (EID), testing its sources for markers of credibility.

How often was the research cited peer-reviewed? Was it accurately labeled? Was the research funded by the oil and gas industry, and if so, was that funding properly disclosed or was it concealed? Were any of the papers cited revoked or rescinded?

The answers, found in the report titled “Frackademia in Depth,” are striking.

“Of the 137 unique studies on EID's list that could be located, only 19 were peer-reviewed,” the PAI writes. “This suggests that there is a significant shortage of serious scholarly research supporting the case for fracking.”

California's Wastewater Injection Problem Is Way Worse Than Previously Reported

Documents released this week as part of the EPA’s investigation into the state of California’s underground injection control program show that in addition to hundreds of wastewater injection wells there are thousands more wells illegally injecting fluids from “enhanced oil recovery” into aquifers protected by the federal Safe Drinking Water Act.

At a time when California is experiencing extreme and prolonged drought, you might expect state regulators to do everything they can to protect sources of water that could be used for drinking and irrigation. But that simply isn’t the case.

For every barrel of oil produced in California — the third largest oil-producing state in the nation, behind Texas and North Dakota — there are 10 barrels of wastewater requiring disposal. California produces roughly 575,000 barrels of oil a day, meaning there are nearly 6 million barrels of wastewater produced in the Golden State on a daily basis — a massive waste stream that state regulators have utterly failed to manage properly.

In meeting a February 6 deadline imposed by the EPA to provide a plan for dealing with the problems rampant in its Underground Injection Control (UIC) Class II Program, regulators at California’s Division of Oil, Gas, and Geothermal Resources (DOGGR) revealed that nearly 2,500 wells have been permitted to inject oil and gas waste into protected aquifers, a clear violation of the Safe Drinking Water Act.

More than 2,000 of the wells are currently active, with 490 used for injection of oil and gas wastewater and 1,987 used to dispose of fluids or steam used in enhanced oil recovery techniques like acidization and cyclic steam injection.

“The Division acknowledges that in the past it has approved UIC projects in zones with aquifers lacking exemptions,” DOGGR told the EPA in a letter dated Feb. 6.

EPA Sued Over Disclosure Rules for Toxic Pollution from Drilling and Fracking

The U.S. Environmental Protection Agency has been sued over toxic chemicals released into the air, water and land by the oil and gas industry, a coalition of nine environmental and open government groups announced today.

The extraction of oil and gas releases more toxic pollution than any other industry except for power plants, according to the EPA's own estimates, the coalition, which filed the lawsuit this morning in the U.S. District Court for the District of Columbia, noted.

But the industry has thus far escaped federal rules that, for over the past two decades, have required other major polluters to disclose the type and amount of toxic chemicals they release or dispose. The Toxic Release Inventory (TRI) is a federal pollution database, established under the Emergency Planning and Community Right to Know Act, and can be used by first-responders in the event of a crisis as well as members of the general public.

People deserve to know what toxic chemicals are being used near their homes, schools and hospitals,” said Matthew McFeeley, staff attorney for the Natural Resources Defense Council.

For too long, the oil and gas industry has been exempt from rules that require other industries to disclose the chemicals they are using, so communities and workers can better understand the risks. It’s high time for EPA to stop giving the oil and gas industry special treatment.”

Roughly one in four Americans live within a mile of an oil or gas well, making the air emissions from the industry a matter of local concern to a fast-growing number of families.

DeSmogBlog’s Top 10 Stories of 2014

It was a year of highs and lows as far as climate change and energy issues. Perhaps unsurprisingly, the lows got a lot of the attention, which is why the top 10 posts on DeSmog this year are mostly of the outrageous, infuriating or depressing variety.

We’ve already collected the top clean energy revolution stories of the year, so if this post gets too heavy for you, you can always pop over there and have some of your hope for the future restored.

But for those of you who can't look away, here are the top ten stories we posted on DeSmog this year, as measured by the amount of traffic each received:

New EPA Coal Ash Regulations Are Not Enough To Stop The Next Coal Ash Spill

The Environmental Protection Agency released long-awaited coal ash regulations today, the first rules ever to be imposed on the storage and disposal of the toxic waste left over after burning coal for electricity—the second largest industrial waste stream in the U.S.

But according to Earthjustice and the 10 environmental and public interest groups it represented in suing to force the release of the regulations in the first place, the EPA’s new rules are not nearly stringent enough to stop the next coal ash spill before it happens.

The new rules will not phase out the practice of storing massive quantities of coal ash—which contains highly toxic substances like arsenic, mercury, lead and radioactive uranium—in unlined ponds shored up by earthen dams that are often unstable and likely to fail. This is exactly what happened in the case of the Dan River coal ash spill in North Carolina this past February and the spill in Kingston, Tennessee in 2008 that released 1.1 billion gallons of coal fly ash slurry, covering up to 300 acres of surrounding land.

The typical coal ash dam is built from soil and ash and is used to impound millions of tons of coal ash and wastewater. The majority are over 40 years old, according to Earthjustice, and most do not have monitoring systems in place for detecting leaks of the toxic coal ash slurry they contain.

Newspapers Complicit In Selling Phony “War On Coal”

U.S. newspapers are helping conservatives push their misleading “war on coal” narrative, according to a new report.

There are a number of reasons why the tide has turned against the coal industry around the globe. Mining and burning coal for energy poses huge risks for human health and the environment, for instance, mainly due to the vast amounts of air and water pollution created throughout coal’s lifecycle.

Then of course there’s the fact that coal is the single largest source of global warming pollution—while coal-fired power represents only 39% of all electricity generated in the U.S, according to the Environmental Protection Agency (EPA), it is responsible for 75% of carbon emissions.

And of course the health of coal miners and the safety of mining operations is a cause for concern, as well. The indictment of coal baron Don Blankenship is proof enough of that—a U.S. attorney recently pressed conspiracy charges against Blankenship for violating federal mine safety and health standards and impeding federal mine safety officials, among other offenses committed before and after the explosion at Massey Energy’s Upper Big Branch Mine in 2010 that took the lives of 29 workers.

If you need more proof, there was a study conducted this year that found a severe form of black lung is affecting miners in Kentucky, Virginia, and West Virginia at levels not seen in four decades.

But it’s not just the dangers of the job that are driving coal miners out of work: greater automation in coal mining operations and the rise of cheap, abundant natural gas thanks to fracking have also taken a heavy toll on the coal industry.

Yet a Media Matters analysis of the 233 articles published in major U.S. newspapers this year that mentioned the phrase “war on coal” found that more than half ignored all of these underlying causes of the coal industry’s decline.

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