Posts

Frac sand mining from the sky in Wisconsin

Fracking in Dairy Country

A dairy farmer in Wisconsin reflects upon a new industry in town: frac sand mining, how it is perceived, and where the industry is headed.

By Paul Jereczek
Jereczek Homestead Dairy, Dodge, Wisconsin

In 4th grade, every Wisconsin student learns about their state. Topics pertaining to Wisconsin’s economy, geography, and history along with ethnicity and traditions are introduced and explored. State facts and anecdotes are discussed and naturally memorized. The one that stood out to me the most was how Wisconsin became known as the “Badger State.”

The origin of the badger nickname is from mining. The 4th grade story I remember was that miners were too busy to build houses so they moved into abandoned mineshafts and/or dug their own burrows. These men became known as “badgers.” The 4th grade version of myself thought that was real impressive. I pictured strong, hard working men fiercely toiling away in the earth like mythical creatures, helping make Wisconsin what it is today.

It made for a great story.

Back to Reality

The reality and documentation of the times suggests something different. Most miners lived in cabins or other structures above ground. There most certainly were a few outliers on the fringe of mining society who burrowed their own holes or lived in abandoned underground mines, but the adult version of myself has a hard time imagining that the term used to describe such men – badgers – was used as a compliment.

Either way, the result is the same. Word spread and eventually Wisconsin became known as the Badger State. The state may be known worldwide for its cheese and agriculture, but there was mining in Wisconsin long before the first dairy cow. While the state was earning its nickname, mining was a prominent reason for the early success of the region.

Dairy Farming in WI

The 700 acre Jereczek Homestead Dairy in Dodge Township, Trempealeau County, Wisconsin first established in 1873 and now being operated by the the 6th generation of Jereczeks.

The 700 acre Jereczek Homestead Dairy in Dodge Township, Trempealeau County, Wisconsin first established in 1873 and now being operated by the 6th generation of Jereczeks.

Our farm is in Trempealeau County, Wisconsin – a driftless area – meaning the land was not covered by glaciers during the last ice age. The terrain is hilly and uneven, with tree-topped bluffs and hills overlooking valleys. The valleys, ranging from deep and narrow to wide and shallow, bump and flow into each other. Over the years, our farm has received its fair share of breaker rock, crushed rock, and gravel from the prevalent rock quarries. Sandstone deposits are huge and close to the surface. As a kid, there was a ledge in the cow pasture, where I hunted through chunks of sandstone for fossils.

As with everything else in the world, dairy farming continues to change. Most barns sit derelict and hold only memories of cows as they fade into the landscape. Small farms that clung to the valley walls have been sold to bigger operations, sit vacant, or have been built over. A lot of once prime farmland has been converted into houses with ridiculously large lawns. In 1990, Wisconsin had over 34,000 licensed dairy herds. Now there are just over 9,000.

We are the last dairy farm in our valley. Parallel to the trend, my childhood herd of 40 cows has turned to 200, which is about an average-sized herd. Margins are tighter than ever. Consistent help is hard to find. Milk prices are a terrible rollercoaster ride – it seems to take forever for them to go up, but when they fall, it’s fast and sickening. In the dairy business world, survival is a measure of success.

Frac Sand Mining Perceptions

Wisconsin Frac Sand Mines, Processing Facilities, and Related Operations

Wisconsin Frac Sand Mines, Processing Facilities, and Related Operations

The term frac sand is relatively new to me. I always assumed sand was sand and had given the word sand a negative connotation. Sand’s large particles don’t hold moisture or nutrients well, so sandy fields tend to perform poorly. But what if that sand has value for something else? What if there is a market for this sand much like a market for corn or soybeans?

Farmers tend to be resourceful. Every asset is scrutinized and employed to the fullest. Every acre is pushed. But what about what may lie beneath the soil? Sand mining has been going on in Wisconsin for well over a hundred years, but the recent surge in fracking has created an enormous demand for frac sand – and there are many people and companies set to take advantage of the boom.

Top U.S. Destinations for Wisconsin's Frac Sands Estimated from Superior Silica Sands' 2015 SEC 10Ks

Top U.S. Destinations for Wisconsin’s Frac Sands Estimated from Superior Silica Sands’ 2015 SEC 10Ks

Trempealeau County has zoning and planning ordinances to protect its industries and way of life. These aggressive ordinances allow more citizen input than other county’s ordinances. Public hearings are required, and orderly processes are enforced. With the economics involved with frac sand mining, citizens got educated very quickly. Much like abortion or immigration, frac sand has become a polarizing subject. Strong emotions built up by personal ideologies have pushed this topic to a boiling point. The for and against groups trade barbs without much convincing being done on either side. Frac sand mining editorials are common in local papers with those against appearing to be the most vocal and emotional.

New Player, New Approach

One such editorial detailed the approach a sand company took to obtaining a property. A local farmer had a sand mine company representative approach him with an oversized check written out to him for a sizable amount of money for his land. It was as though the sand rep was taking a page out of the Publishers Clearing House’s playbook. The farmer turned down the check. The sand rep left and returned a short time later with a significantly larger offer. The farmer was equally surprised and insulted. He found out later a few neighbors turned down similar proposals.

So what’s the deal with such a brazen approach? Intentions from this company may well have been good. Many people believed the sand mines were a win-win opportunity. Companies were selling hype – there was no way for anything but success. Extreme optimism. Sand mines were going to increase the tax base, fund schools and roads. Concerns were minimized, and residents were told what they wanted to hear. Such talk produced plenty of skeptics.

Environmental Costs of Frac Sand Mining

With both dairying and fracking, there is an environmental cost. Whether you milk 10, 100, or 1,000 cows – there are environmental pressures. With sand mining, the environmental effects are well documented. It is important, if not just practical, to measure these with the fiscal rewards. And where does this money go and who benefits the most? But, most importantly, who must deal with the consequences?

The risks of sand mines can be mitigated if proper regulations are taken seriously. With the extra scrutiny, a magnifying glass was placed over the sand mines, and what was found only proved the skeptics right. Trapping or pooling storm water seemed to be a learning process for sand mine companies; reported in 2012, every operating sand mine in Trempealeau County had storm water runoff violations. In 2014, over half of the sand mines in all of Wisconsin had violated environmental regulations imposed by the Department of Natural Resources. Add to this loss of surrounding property values, damage to roads, and a damper on quality of life – and you’ll create a substantial amount of public backlash.

Regulations Have Their Place

As was mentioned earlier, mining Is not new to the state. There are many multi-generational mining companies who have the experience, tradition, and financial network to abide by current standards and environmental regulations. Nobody likes to be told what to do. No industry is out there begging for more regulations. Often, the rules are in place to protect – not hinder – those that use environmentally safe and humane practices. Dairying has its own unique regulations – some are good, some not so much, and some downright stupid. Yet, overall it can be argued that these regulations protect the industry and the environment.

One heated topic in the dairy industry involves the sale of raw (unpasteurized) milk. It is illegal for any dairy in the state to sell raw milk. I have been drinking raw milk straight from the bulk tank since before I can remember. Our whole family did. Now, I still drink it and so do all my children from the age of a year and a half on up. None of us has ever had trouble with it. However, I am in complete agreement that the sale of raw milk should be illegal. All it takes is for one child to get terribly sick (which most certainly would happen) and for that kid lying on a hospital bed being blasted by every news network in the nation. These images create strong negative emotions that reverberate throughout society. The potential costs far outweigh the economic benefits from such a sale. Sure, some people are upset, but the greater good is maintained by taking away a risky practice.

The same principle works for mining. Rules and regulations get negative press and reaction, but who stands to lose the most from environmental catastrophes related to mining – the company in business 90-some years or the startup mining ventures trying to capture lightning in a bottle? Some companies have built years of trust and compatibility and support for their local communities. These are businesses that will remain after the sand rush has fizzled.

Booms and Busts, Ups and Downs

The frac sand industry is going through the same economic cycle as the dairy industry. The sand companies are getting better at what they do and increase their production capacity. Like milk, sand is a commodity. As the price of sand decreased, production increased to maintain profits. The dairy industry does the same thing, by expanding and improving efficiency to get more milk to catch those dollars slipping away. However, when the market is flush with milk or bombed with sand, they’re just doing more damage to themselves. This is a simplified take on the industry, as there are many global factors that come into play, but the overall pattern tends to remain. As the dairy industry can attest, this fluctuating cycle is not sustainable for all producers.

Primary and Secondary US Silica Sand Geologies and Existing Frac Sand Mines

Primary and Secondary US Silica Sand Geologies and Existing Frac Sand Mines

Worse yet for the sand industry, this cycle has occurred in hyper speed. At first, just the small mines cut production. Outcompeted by larger operations, production at smaller mines was no longer profitable. Soon, the larger mines cut production due to the weakening demand. Many mines in the permit or early production phases never got started. Unlike the dairy industry, there was no rollercoaster effect because prices have yet to return to prior levels. The bubble, it seems, had popped.

With any kind of new mine developed comes the environmental impacts. Yet, I find the fervent negative reaction to such practices directly related to the end result. Fracking. Fracking isn’t magic. They’re not just mixing water with this sand and forcing oil and gas out of the ground. Harmful chemicals are being added to the mix. Worst yet, the quantity and potency of such chemicals is kept secret, closely guarded from the public. Harmful chemicals are being legally pumped into the ground. All the short-term gains will have long-term consequences. This is where I believe a significant backlash for new mines comes from. The end result. Can you imagine what the public’s perception of dairy farms would be if milk was mixed with chemicals and pumped into the ground?

The Future of Dairy Farming in Wisconsin

The 2016 presidential election has breathed some life into the frac sand industry. The new president promises to cut regulations interfering with business, and thus far has kept those promises. The environment will not be a detriment to his goals. Sand companies are returning with ads in the local papers, looking for qualified applicants and offering great salaries. In contrast, the dairy industry is stuck in a rollercoaster spiral. Milk prices have been too low for far too long. The dairy dispersal continues with some very good cows being sold and very good dairymen and women calling it quits. Naturally, some land will be sold. To what end remains to be seen. But it is a safe bet, the frac sand mining ride has not ended.

Starved Rock State Park by Michelle McCray

How Frac Sand Mining is Altering an Economy Dependent on Starved Rock State Park, IL

An Ottawa, IL resident’s letter to U.S. Silica regarding how the firm’s “frac” sand mines adjacent to Starved Rock State Park will alter the local economy.

Starved Rock State Park

As is so often the case, we find that those things we have taken most for granted are usually the things we miss most when they are gone. The list of what our nation has lost to industrial and commercial concerns couldn’t possibly be compiled in a single article. The short-sighted habits of economic progress have often led to long-term loss and ecologic disaster. That is why it took a man like Abraham Lincoln, a man of long-term vision and wisdom, to sign into existence our first national park, preserving for antiquity what surely would have been lost to our American penchant for development and overuse.

With that in mind, I have always found it amazing how the gears of our own local and state governments have continually chosen the economic path of least resistance and allowed the areas surrounding Starved Rock State Park to be ravaged and destroyed for what is, ultimately, minimal gain. I am no expert but I suspect it could be argued that a full 1/3 of LaSalle County’s economic engine is funded by the simple existence of Starved Rock State Park. Beyond the 2 million plus visitors to the park each year, it cannot be forgotten that nearly every municipality in LaSalle County has directly or indirectly benefited from the countless number of businesses that prosper from the magnetism of the park’s tranquil canyons.

Photos by Michelle McCray of McCray Photography.

Preservation Not Development

As the 4-year battle with Mississippi Sand over development of the Ernat property has proved, there are many rational souls who truly acknowledge the importance of maintaining a healthy and productive park environment. With the recent sale of the Ernat property to U.S. Silica, we are again confronted with the prospect of irrational development of the eastern boundaries of Starved Rock State Park.

Given the gravity of these decisions, I would like to share a letter recently sent on behalf of many of those who have fought so hard and so long for preservation of that same eastern boundary. This letter was sent to Brian Shinn, CEO of U.S. Silica Holdings, INC. (SLCA) in Frederick, Maryland nearly a month ago, and we have yet to receive a response. In sharing this information on FracTracker’s website, I hope this letter will contribute to further discussion among our local representatives over a far more long-term vision of what LaSalle County wishes to be and what qualities, both environmental and economic, that it wishes to maintain and protect:

Letter to US Silica

Dear Mr. Shinn,

I am writing this letter on behalf of dozens of LaSalle County, Illinois residents who have, for the past several years, been intimately involved in the active pursuit of rational use and conservation of our local natural environment. As I am sure you are aware, the debate over use of the Ernat property as a functional sand mining operation has been a long and hard-fought battle. Years of litigation by the Sierra Club and other local environmental groups helped stall it’s development by Mississippi Sand, and have now led to the sale of the Ernat acreage to U.S. Silica. As irrational as the previous proposals were, the sale putting that acreage under your control has not lessened our concerns over the damaging use of that property as it relates to historic Highway 71 and the entire Starved Rock State Park area.

Obviously, sand mining operations have been a long-standing component of LaSalle County economics. Decades of mining under U.S. Silica supervision have not substantially reduced the quality of life for county residents or the natural environment as a whole. However, as can be specified by many local experts, the development and spoilage of the Ernat property will most certainly have longstanding and drastic impacts on both the ecology of Starved Rock State Park and the economic engine that it sustains. Starved Rock State Park attracts over 2 million visitors each year, with an estimated half million visitors using the Hwy. 71 entrance paralleling the Ernat farm as their main gateway into the park. The Ernat property’s river frontage has long been the tranquil eastern entry into the Illinois Canyon area, as well as an active nesting site for countless birds amidst bountiful wetlands and flat, open prairies. The Ernat property’s shared access to Horseshoe Creek has also made it essential to the entire Illinois Canyon ecosystem within the park. In short, any development of this property will most certainly have long-term negative impacts on both the economics and ecology of the Illinois River Basin.

In writing this letter, we are hoping that U.S. Silica, under your guidance, may consider the opportunity to preserve this indispensable parcel of land and examine ways in which U.S. Silica might make this land available as a gift or negotiated property to the state of Illinois. It would certainly be an important addition to the entire Starved Rock State Park area. I have included the signatures of many of our own local coalition. We hope you will consider the long-term impacts that this development would have to one of Illinois premier natural areas. Thank you.

Inspiring Action

I hope those who have signed this letter will be inspired to further action, and those who have not will reconsider their years of inaction. The natural heritage and local economies of our entire Illinois River Basin are depending on it.

Sincerely,

Paul Wheeler

Only when the last tree has died…
and the last river been poisoned…
and the last fish been caught…
will we realize we cannot eat money.

An old Cree Indian saying

Sand Mining Photos

For additional photos from Illinois, explore our online photo album.


Mr. Wheeler grew up in Oak Lawn, IL and now lives with his wife and daughter in the Ottawa, IL area and is a para-educator.

Feature image by Michelle McCray of McCray Photography.

Community Sentinel Award for Environmental Stewardship

Three Environmental Stewards to Accept Community Sentinel Award

Pipeline build out - Photo by Sierra Shamer - Oil and gas pipeline

Infrastructural Challenges: The Direction of Drilling, Pipelines, and Politics in Pennsylvania

Sierra Shamer, Visiting Scholar, FracTracker Alliance

While neighboring states New York and Maryland work to regulate the natural gas industry, Pennsylvania makes way for a pipeline build-out and continued unconventional oil and gas drilling. The industry, legislature, and state agencies claim that continued natural gas development is necessary, can be carried out safely, and will provide money, jobs, and energy to Pennsylvania. However, the price is increasingly evident, and the realization of these claims is yet to come.

PA residents are quickly learning that pipelines come with a cost; their permitting, construction, and supporting facilities infringe on private property rights, cause water and air pollution, and threaten public safety. On Friday April 29th in Westmoreland County, for example, Spectra Energy’s Texas Eastern 30″ gas pipeline exploded, severely burning one man, destroying his home, and damaging homes nearby. The local fire chief recounted his awe at the explosion. For him, it was “… like you were looking down into hell.” These costs prompt communities to consider whether the advertised benefits of pipelines will actually outweigh the costs. Active grassroots resistance has emerged throughout the state, and as it grows, it is consistently met with industry aggression and state repression.

This article provides an overview of the pipeline build-out in Pennsylvania, the political and economic environment promoting it, growing community activism, and, how the industry and state respond. An interactive map of existing and proposed pipelines in PA is featured at the end of the article.

The Shale in Pennsylvania

Pipeline build-out: Extent of the Utica (brown) and Marcellus (orange) shale formations.

Extent of the Utica (brown) and Marcellus (orange) shale formations. Click to expand.

The existing interstate pipeline network moves domestic and imported oil and gas to consumers and markets within North America. These pipelines extend from regions of conventional drilling to domestic and foreign energy markets. The recent development and expansion of unconventional drilling provides access to energy reservoirs that could not be extracted before. Within the past five years, the US overtook Russia to become the largest producer of natural gas in the world.

The Marcellus and Utica shale formations exist below the Appalachian Mountains in the northeast U.S. and into Canada. The Marcellus lies beneath Pennsylvania, Virginia, Maryland, West Virginia, Ohio, and New York. The Marcellus is now the largest region of natural gas production in the United States. Geologists estimate that 4-8,000 ft. underground, over 600 trillion cubic ft. of natural gas is accessible. The Utica formation lies underneath the Marcellus, extending north into Ontario and New York, and south into Virginia, Kentucky, and Tennessee. Geologists estimate over 38 trillion cubic ft. of natural gas is accessible – in some locations over 10,000 feet underground.

Extraction in Pennsylvania

Almost 10,000 unconventional wells in Pennsylvania produce millions of cubic feet of gas each day. This rapid extraction flooded the market, causing natural gas prices to drop dramatically. Marcellus production also outpaced the capacity of the current pipeline network. The location and flow direction of existing pipelines is not ideal for transporting Marcellus gas to markets with higher demand. Additionally, well productivity drops 70% within the first year, so new wells must be drilled to keep the gas flowing. However, the low price of gas reduced revenues, and the cost of drilling new wells remains high. Combined, these factors have paused drilling activity throughout the state. In order to overcome this, gas companies are proposing construction of new pipelines and expansions of existing ones, resulting in the current pipeline build-out.

The Economics of Pipelines

Obama discussing LNG

The dominant narrative, promoted by industry and state, weaves a story of economic prosperity gained by drilling the Marcellus, eclipsing concerns of pipeline necessity and safety. Each pipeline project claims an economic impact in dollar amounts and jobs. Williams claims that their proposed Atlantic Sunrise pipeline will “increase economic activity by $1.6 billion in project regions” and create job opportunities. Sunoco Logistics claims that the Mariner East pipeline will “add $4.2 billion to Pennsylvania’s economy, supporting more than 30,000 jobs during the construction period and … 300-400 permanent jobs.” Often, the specifics of money and jobs are not explained, and when construction begins, communities are invaded by out of state workers and left with little economic benefit.

Response to this buildout arises at all levels. Support pours down from federal and state government while resistance pushes up from the grassroots. The EPA and Obama administration work to shut down coal and promote natural gas, claiming it’s a “bridge fuel” to renewable energy. Pennsylvania’s legislature and Dept. of Environmental Protection (DEP) have battled over drilling regulations, and the push for pipelines presents a different set of challenges. While some consider the build-out necessary to maintain the natural gas industry in PA, others, such as Phil Rinaldi, envision ways in which pipelines can bring money to the state.

Philadelphia Energy Hub

Aware that interstate pipelines carry Pennsylvania shale to out-of-state markets, Phil Rinaldi, the CEO of Philadelphia Energy Solutions (PES) views the shale boom as an opportunity to maintain resource and revenue in state. In 2013 he established the Greater Philadelphia Energy Action Team (GPEAT), a group of over 80 industry, manufacturing, labor, and government stakeholders. Their objective is to capitalize on shale by promoting pipeline construction and bringing energy-intensive manufacturing to the Greater Philadelphia area. In March of this year, the GPEAT released a report titled, “A Pipeline for Growth: Fueling Economic Revitalization with Marcellus and Utica Shale Gas.” This reports details strategies to hasten the transformation of Philly into the “energy hub” of the East by inviting chemical manufacturing industries, and supporting pipeline projects to Philadelphia.

At Ground Level

2016: Columbia 26" pipeline construction near a home in Northern Maryland (Photo: Sierra Shamer)

2016: Columbia 26″ pipeline construction near a home in Northern Maryland (Photo: Sierra Shamer)

At a ground level, impacted communities, public health professionals, and environmental organizations face a ravenous industry. Unaccountable for property takings, fair compensation, and pollution, it as an industry that disregards public health and ecosystems within the shalefields. As a result, grassroots and advocacy groups organize and mobilize throughout Pennsylvania to amplify the voices of impacted residents and communities and to hold the industry and government accountable to the people.

Although pipelines bring large revenues for companies, industry, and the state, the story on the ground is different. New pipelines are either constructed on existing land easements, or new ones must be purchased from landowners along the proposed right-of-way. Pipeline operators have one goal: to find the most direct and least complicated route from supply to demand. While this lower their bottom line, new pipeline routes often disregard nearness to homes, schools, and other populated areas, and cause significant damage to farmland and ecosystems.

Frontline Communities

Pipeline companies often have the power of eminent domain, the ability to take possession of land in court if the property owner refuses a contract. Negotiating fair agreements requires landowners to hire their own appraiser and lawyer, which is not an option for everyone. Unlike drilling wells, landowners do not receive royalties for the pressurized gas flowing underneath their property, facing instead declines in property values and an inability to sell their home. As a result, landowners are left undercompensated, their land forcibly taken away in an unjust process.

Landowners along the right-of-way are the most immediately impacted, but neighbors and communities are affected as well. Each pipeline has a “potential impact radius” or “hazard zone,” the area within which an explosion causes immediate destruction. Residents within this distance experience a decrease in their property values, but currently have no legal recourse for compensation. Pipelines also require numerous compressor stations, facilities that operate 24-7 to maintain the pressure of the gas within the pipeline. Compressor stations are industrial, air polluting facilities that release greenhouse gases, neurotoxins, cancer causing agents, and other pollutants that negatively impact human health and the environment. Residents living near compressor stations experience various respiratory, sinus, and nervous system health issues. These are caused by both everyday operation and periodical gas blowdowns – facility operations when large amounts of methane and other chemicals are released directly into the air for station maintenance or emergencies.

Pipeline Regulation

FERC holds Public Meetings for the Atlantic Sunrise Pipeline (Photo: Justin Engle/The Daily Item)

FERC holds Public Meetings for the Atlantic Sunrise Pipeline (Photo: Justin Engle/The Daily Item)

In Pennsylvania, no single agency is responsible for permitting, monitoring, or regulating pipelines. The Federal Energy Regulatory Commission (FERC) permits interstate pipelines, those that cross state boundaries or carry product that does. Pipelines within the state are under the jurisdiction of the Public Utility Commission (PUC), the DEP, and/or the Dept. of Conservation and Natural Resources (DCNR).

Typically, the PUC is responsible for pipelines that provide directly to consumers. However, in 2011 Act 127 gave the PUC authority to permit and inspect gathering lines, those that move gas from well pads to larger transmission pipelines. All gathering lines have national safety standards except Class 1, those with no more than ten buildings within 220 yards. The PUC maintains a registry of the location, size, and length of gathering lines, but is only includes length for Class 1.  Over 12,000 miles of Class 1 pipelines currently exist in PA, a number expected to quadruple by 2030.

Pipeline Infrastructure Task Force

The complex regulation and unprecedented increase in proposals prompted Governor Wolf to create the Pipeline Infrastructure Task Force (PITF) in 2015. Headed by former Secretary of the DEP, John Quigley, the Task Force included regulatory agencies, industry representatives, and government officials. Their mission: to “engage stakeholders in a collaborative process to achieve a world-class pipeline infrastructure system” and to develop “policies, guidelines, and tools to assist in pipeline development.” The DEP offered live stream of meetings, provided public information, and opportunity for public input in an attempt to be transparent.

Task Force meetings eventually resulted in a final report, outlining challenges and providing suggestions for pipeline construction. First, the Task Force recommended an increase meaningful public participation and the development of long term maintenance plans to ensure safety. Second, they suggested reducing environmental impact by improving pipeline siting and construction and maximizing efficient permitting. Finally, they recommended enhancing the workforce and economic development from pipeline projects.

The Task Force openly acknowledged problems of the pipeline build-out, stating that “permits are not reviewed for the cumulative and long term impacts at a landscape level…they do not necessarily avoid sensitive lands, habitats, and natural features, nor are the impacts to natural and cultural resources, landowners, and communities…always minimized or mitigated.” Despite this, the administration and the Task Force maintain that pipelines can be built responsibly.

Community Opposition and Criticism

2016: Landowners and supporters protest the Constitution Pipeline in Northeast PA. (Photo: DC Media Group)

2016: Landowners and supporters protest the Constitution Pipeline in Northeast PA. (Photo: DC Media Group)

Challenges to the pipeline build-out exist in many forms. Landowners challenge the bullying, harassment, and eminent domain condemnations of pipeline companies. Communities criticize the acceptance of industry funding and pipelines by local representatives. Additionally, grassroots groups and environmental non-profits challenge the minimal regulation, permitting process, and lack of public participation allowed by the DEP, and the FERC “rubber stamp” permitting process.

Awareness and opposition grow with each proposal, condemnation, rupture, and explosion. This rapid construction is compromising pipeline quality and public safety, according to a report conducted by the Pipeline Safety Trust. They found that pipelines built after 2010 had higher rates of failure than those in decades past. Whistleblowers who worked for Spectra Energy have attested to the neglect of proper inspection in the haste to construct pipelines. Spectra’s Texas Eastern pipeline, completed in 1981, was built in a decade when pipelines failed at one-sixth the rate they do today. However, their preliminary investigation indicates that the explosion in Salem Township was likely the result of corrosion due to a “possible flaw in the coating material applied to the weld joints.”

The FERC is a regular target of criticism. Funded through fees received by the companies and industries it oversees, FERC rarely denies permits for pipelines. The Delaware Riverkeeper Network has filed a lawsuit against the FERC challenging the constitutionality of its decision-making.

The DEP’s dedication to protecting Pennsylvania’s environment from the natural gas industry at large is continuously questioned due to its infrastructure permitting, negligent response to water contamination complaints, and unwillingness to hold companies accountable. The DEP’s poor record on drilling regulation continues with regard to the pipeline build-out.

Pipeline Infrastructure Task Force

The Task Force is criticized for its overwhelming industry influence and lack of public inclusion. Of the 48 Infrastructure Task Force members, 56% are tied to the oil and gas industry. Specifically, 92% of the non-governmental members have industry ties. In fact, potential opposition to the build-out was intentionally absent. PA resident and documentary filmmaker Scott Cannon of the Gas Drilling Awareness Coalition (GDAC) was invited to the PITF, only to receive a letter rescinding his invitation a few days later. Additionally, concerned residents were allowed 2 minutes to make a statement, a limit strictly enforced by Secretary Quigley. While affected landowners recounted their fight for their livelihoods, the roundtable of apathetic Task Force members stared blankly. These problems resulted in escalating activist presence increasing from comments and protests outside the DEP building, to meeting disruptions and arrests.

Residents and activists weren’t the only ones unhappy with the PIFT. Cindy Ivey, representative for Williams, and Sarah Battisti, with SouthWest Energy, spoke of their frustrations. The fact that interstate pipeline projects are regulated by federal agencies, and state level organizations have a minor role caused tension in the group. According to Ivey, these issues are “hard things to try to explain gracefully.” Additionally, Battisti added that the 184 recommendations in the report wouldn’t “impact any of us in the near future.”

Despite recommendations of the Task Force, the DEP continues to issue permits that neglect cumulative impacts and complete environmental review. Unlike New York, which denied the 401 Water Quality certificate and prevented the construction of Constitution pipeline, the PA DEP granted the 401 certificate to the Atlantic Sunrise pipeline. As a result, it is under appeal by environmental groups, who argue that it violates the Clean Water Act and the Pennsylvania Code.

PA’s Political Climate

Fracking and the Revolving Door in Pennsylvania Regulations

Unfortunately, meaningful updates to oil and gas regulations in Pennsylvania are consistently challenged. Although Act 13 passed in 2012, critical components were appealed repeatedly, specifically the issue of local zoning authority of oil and gas infrastructure. Lawmakers who oppose any restriction on the industry dominate the current legislature. Recently, the House panel voted a second time to block increased DEP oil and gas regulations, in the making since 2011.

Frustrations in the process peaked when John Quigley resigned as secretary of the DEP after sending a profane email chastising environmental groups for their lack of support. Weeks later, Governor Wolf signed a bill that eliminates current regulations, aiming to start new and in agreement with the legislature. As a result, many environmentalists feel that the Governor has consistently compromised on the environment, putting the lives of PA residents at risk.

Political Campaigns

The relationship between the state and the drilling industry is evident and problematic in Pennsylvania. The Marcellus Money project has tracked campaign contributions and lobbying expenses from the natural gas industry, revealing over $8 million in political contributions and $46 million for lobbying efforts. In 2013 the Public Accountability Initiative released a report revealing the “revolving door” between state government and the oil and gas industry. The report identifies individuals who have moved from the public sector to industry jobs or vice versa, and how often this occurs over the course of their careers.

NPR StateImpact Pennsylvania created an interactive webpage called, “Blurred Lines” that provides a visual exploration of the “revolving door.” As you scroll through the years, individuals slide back and forth between the private and public sector. Additionally, lawmakers have, for a third time, earmarked fiscal code legislation to fund an industry-supported non-profit Shale Alliance for Energy Research PA, (SAFER PA).

State Agencies

Financial gains from drilling support other aspect of the public sector as well. The DCNR’s annual budget became increasingly reliant upon revenues from gas leases within public lands. In 2013, oil and gas lease royalties and other payments provided one-third of the DCNR’s budget. Act 13 implemented a mandatory impact fee whereby the PUC collects money from companies based on the number of oil and gas wells in the state. This money is directed to local municipalities based on the number of wells within their boundaries. However, while 60% of the fee total goes directly to impacted counties, the remaining 40% can go anywhere in PA. While impact fees totaled over $233 billion dollars in 2014, 2016 is expected to be the lowest amount yet due to the decline in drilling activity. This statistic is one of many that highlights the risk of relying on a fluctuating resource.

Governmental and Industry Responses

US_Marshal_Holleran

2016: Armed U.S. Marshall escort the tree cutting crew for the Constitution pipeline on Megan Holleran’s property (Photo: Alex Lotorto)

Response to community opposition of pipeline projects is often militaristic in nature and exaggerated by the industry and the state. The oil and gas industry views community opposition to infrastructure as an “insurgency.” In 2011, it was revealed that the Army/Marine Corps Counterinsurgency manual is used as a tactical reference. The Gas Drilling Awareness Coalition was classified as a terrorist threat by the PA Office of Homeland security, who hired the Institute of Terrorism Research and Response to track activists provide weekly information on a bulletin sent to law enforcement and gas companies. In 2012, state law enforcement, the FBI, the PA Office of Homeland Security, and the oil and gas industry established the Marcellus Shale Operators’ Crime Committee (MSOCC). This committee actively targeted activists and environmentalists in their homes.

Landowners who refuse to sign easements face an uphill battle against companies, law enforcement, and the state as they advocate for their rights. Megan Holleran of Susquehanna County lost her family’s maple syrup trees to Williams’ proposed Constitution pipeline. After protesting and challenging in court, the judge upheld eminent domain and prohibited the family from being within 150 feet from the right-of-way. Further, armed U.S. Marshalls escorted and guarded the tree cutting crew against peaceful protest. Additionally, in Huntingdon County, Elise and Ellen Gerhart faced tree clearing of their woods for Sunoco’s Mariner East pipeline. Once again, armed police escorted tree cutting crews and made several arrests of protesters, who faced bails of up to $200,000.

Pipeline Build-Out Map

The map below shows the existing major pipeline infrastructure in Pennsylvania and proposed pipelines, with the option of also viewing the unconventional wells in the Marcellus and Utica shale. For more information on pipeline regulation and public information, please view our Intro to Pipelines resource page. It includes details about current and proposed pipeline projects in Pennsylvania and throughout the country. Additionally, the intro links to a map of all proposed pipeline projects in North America.


View map full screen | How FracTracker maps work

While it is clear that companies go to every length to construct pipelines, it is equally clear that state agencies, courts, and law enforcement support pipeline development. The direction of drilling, pipelines, and politics in the state of Pennsylvania serves the bottom line of the natural gas industry. This is evidenced by the proposed pipeline built-out, state support, and state suppression of public backlash. However, continued challenges to public health and environment will only serve to increase the resilience and strength of community opposition.

Richmond, CA crude by rail protest

CA Refineries: Sources of Oil and Crude-by-Rail Terminals

CA Crude by Rail, from the Bakken Shale and Canada’s Tar Sands to California Refineries
By
Kyle Ferrar, Western Program Coordinator &
Kirk Jalbert, Manager of Community Based Research & Engagement

Refineries in California plan to increase capacity and refine more Bakken Shale crude oil and Canadian tar sands bitumen. However, CA’s refinery communities that already bear a disparate amount of the burden (the refinery corridor along the north shore of the East Bay) will be more impacted than they were previously. New crude-by-rail terminals will put additional Californians at risk of accidents such as spills, derailments, and explosions. Additionally, air quality in refinery communities will be further degraded as refineries change to lower quality sources of crude oil. Below we discuss where the raw crude oil originates, why people are concerned about crude-by-rail projects, and what CA communities are doing to protect themselves. We also discuss our GIS analysis, showing the number of Californians living within the half-mile blast zones of the rail lines that currently are or will be supported by the new and existing crude by rail terminal projects.

Sources of Raw Crude Oil

Sources of Refinery HAPs

Figure 1. Sources of crude oil feedstock refined in California over time (CA Energy Commission, 2015)

California’s once plentiful oil reserves of locally extracted crude are dwindling and nearing depletion. Since 1985, crude extraction in CA has dropped by half. Production from Alaska has dropped even more, from 2 million B/D (barrels per day) to around 500,000 B/D. The 1.9 million B/D refining capacity in CA is looking for new sources of fuels. Refineries continue to supplement crude feedstock with oil from other sources, and the majority has been coming from overseas, specifically Iraq and Saudi Arabia. This trend is shown in figure 1.

Predictions project that sources of raw crude oil are shifting to the energy intensive Bakken formation and Canadian Tar Sands. The Borealis Centre estimates an 800% increase of tar sands oil in CA refineries over the next 25 years (NRDC, 2015). The increase in raw material from these isolated locations means new routes are necessary to transport the crude to refineries. New pipelines and crude-by-rail facilities would be necessary, specifically in locations where there are not marine terminals such as the Central Valley and Central Coast of CA. The cheapest way for operators in the Canadian Tar Sands and North Dakota’s Bakken Shale to get their raw crude to CA’s refinery markets is by railroad (30% less than shipping by marine routes from ports in Oregon and Washington), but this process also presents several issues.

CA Crude by Rail

More than 1 million children — 250,000 in the East Bay — attend school within one mile of a current or proposed oil train line (CBD, 2015). Using this “oil train blast zone” map developed by ForestEthics (now called Stand) you can explore the various areas at risk in the US if there was an oil train explosion along a rail line. Unfortunately, there are environmental injustices that exist for communities living along the rail lines that would be transporting the crude according to another ForestEthics report.

To better understand this issue, last year we published an analysis of rail lines known to be used for transporting crude along with the locations of oil train incidents and accidents in California. This year we have updated the rail lines in the map below to focus on the Burlington Northern Santa Fe (BNSF) and Union Pacific (UP) railroad lines, which will be the predominant lines used for crude-by-rail transport and are also the focus of the CA Emergency Management Agency’s Oil by Rail hazard map.

The specific focus of the map in Figure 2 is the five proposed and eight existing crude-by-rail terminals that allow oil rail cars to unload at the refineries. The eight existing rail terminals have a combined capacity of 496,000 barrels. Combined, the 15 terminals would increase CA’s crude imports to over 1 million B/D by rail. The currently active terminals are shown with red markers. Proposed terminals are shown with orange markers, and inactive terminals with yellow markers. Much of the data on terminals was taken from the Oil Change International Crude by Rail Map, which covers the entire U.S.

Figure 2. Map of CA Crude by Rail Terminals

View Map Fullscreen | How Our Maps Work | Download Rail Terminal Map Data

Additional Proposals

The same type of facility is currently operating in the East Bay’s refinery corridor in Richmond, CA. The Kinder Morgan Richmond terminal was repurposed from handling ethanol to crude oil, but with no public notice. The terminal began operating without conducting an Environmental Impact Report (EIR) or public review of the permit. Unfortunately, this anti-transparent process was similar to a tactic used by another facility in Kern County. The relatively new (November 2014) terminal in Taft, CA operated by Plains All American Pipeline LLC also did not conduct an EIR, and the permit is being challenged on the grounds of not following the CA Environmental Quality Act (CEQA).

EIRs are an important component of the permitting process for any hydrocarbon-related facility. In April 2015 in Pittsburg, for example, a proposed 50,000 B/D terminal at the WesPac Midstream LLC’s railyard was abandoned due to community resistance and criticism over the EIR from the State Attorney General, along with the larger proposal of a 192,000 B/D marine terminal.

Still, many other proposals are in the works for this region. Targa Resources, a midstream logistics company, has a proposed a 70,000 B/D facility in the Port of Stockton, CA. Alon USA has a permitted project for revitalizing an idle Bakersfield refinery because of poor economics and have a permit to construct a two-unit train/day (150,000 B/D) offloading facility on the refinery property. Valero dropped previous plans for a rail oil terminal at its Wilmington refinery in the Los Angeles/Long Beach port area, and Questar Pipeline has preliminary plans for a  rail oil terminal in the desert east of the Palm Springs area for a unit-train/day.

Air Quality Impacts of Refining Tar Sands Oil

Crude-by-rail terminals bring with them not only the threat of derailments and the risk of other such accidents, but the terminals are also a source of air emissions. Terminals – both rail and marine – are major sources of PAH’s (polycyclic aromatic hydrocarbons). The Sacramento Valley Railroad (SAV) Patriot rail oil terminal at a business park on the former McClellan Air Force Base property actually had its operating permit withdrawn by Sacramento air quality regulators due to this issue (read more). The terminal was unloading and reloading oil tanker cars.

FracTracker’s recent report, Emissions in the Refinery Corridor, shows that the refineries in this region are the major point source for emissions of both cancer and non-cancer risk drivers in the region. These air pollution sources get worse, however. According to the report by NRDC, changing the source of crude feedstock to increased amounts of Canadian Tar Sands oil and Bakken Shale oil would:

… increase the levels of highly toxic fugitive emissions; heavy emissions of particulate, metals, and benzene; result in a higher risk of refinery accidents; and the accumulation of petroleum coke* (a coal-like, dusty byproduct of heavy oil refining linked to severe respiratory impacts). This possibility would exacerbate the harmful health effects faced by the thousands of low-income families that currently live around the edges of California’s refineries. These effects are likely to include harmful impacts to eyes, skin, and the nervous and respiratory systems. Read NRDC Report

Petroleum coke (petcoke) is a waste product of refining tar sands bitumen (oil), and will burden the communities near the refineries that process tar sands oil. Petcoke has recently been identified as a major source of exposures to carcinogenic PAH’s in Alberta Canada (Zhang et al., 2016). For more information about the contributions of petcoke to poor air quality and climate change, read this report by Oil Change International.

The contribution to climate change from accessing the tar sands also needs to be considered. Extracting tar sands is estimated to release on average 17% average more green-house gas (GHG) emissions than conventional oil extraction operations in the U.S., according to the U.S. Department of State. (Greenhouse gases are gases that trap heat in the atmosphere, contributing to climate change on a global scale.) The refining process, too, has a larger environmental / public health footprint; refining the tar sands to produce gasoline or diesel generates an average of 81% more GHGs (U.S. Dept of State. Appendix W. 2015). In total this results in a much larger climate impact (NRDC, NextGen Climate, Forest Ethics. 2015).

Local Fights

People opposed to CA crude by rail have been fighting the railway terminal proposals on several fronts. In Benicia, Valero’s proposal for a rail terminal was denied by the city’s Planning Commission, and the project’s environmental impact report was denied, as well. The city of Benicia, however, hired lawyers to ensure that the railway projects are built. The legality of railway development is protected regardless of the impacts of what the rails may be used to ship. This legal principle is referred to as “preemption,” which means the federal permitting prevents state or local actions from trying to limit or block development. In this case, community and environmental advocacy groups such as Communities for a Better Environment, the Natural Resources Defense Council, and the Stanford-Mills Law Project all agree the “preemption” doctrine doesn’t apply here. They believe preemption does not disallow the city or other local governments from blocking land use permits for the refinery expansion and crude terminals that unload the train cars at the refinery.  The Planning Commission’s decision is being appealed by Valero, and another meeting is scheduled for September, 2016.

The fight for local communities along the rail-lines is more complicated when the refinery is far way, under the jurisdiction of other municipalities. Such is the case for the Phillips 66 Santa Maria Refinery, located on California State Highway 1 on the Nipomo Mesa. The Santa Maria refinery is requesting land use permits to extend track to the Union Pacific Railway that transits CA’s central coast. The extension is necessary to bring the rail cars to the proposed rail terminal. This project would not just increase traffic within San Luis Obispo, but for the entirety of the rail line, which passes directly through the East Bay. The project would mean an 80-car train carrying 2 million gallons of Bakken Crude would travel through the East Bay from Richmond through Berekely and Emeryville to Jack London Square and then south through Oakland and the South Bay.  This would occur 3 to 5 times per week. In San Luis Obispo county 88,377 people live within the half-mile blast zone of the railroad tracks.

In January, the San Luis Obispo County Planning Department proposed to deny Phillips 66 the permits necessary for the rail spur and terminals. This decision was not easy, as Phillips 66, a corporation ranked Number 7 on the Fortune 500 list, has fought the decision. The discussion remained open with many days of meetings, but the majority of the San Luis Obispo Planning Commission spoke in favor of the proposal at a meeting Monday, May 16. There is overwhelming opposition to the rail spur project coming from 250 miles away in Berkeley, CA. In 2014, the Berkeley and Richmond city councils voted to oppose all transport of crude oil through the East Bay. Without the rail spur approval, Phillips 66 declared the Santa Maria refinery would otherwise transport oil from Kern County via 100 trucks per day. Learn more about this project.

GIS Analysis

GIS techniques were used to estimate the number of Californians living in the half mile “at risk” blast zone in the communities hosting the crude-by-rail lines. First, we estimated the total population of Californians living a half mile from the BNSF and UP rail lines that could potentially transport crude trains. Next, we limited our study area to just the East Bay refinery corridor, which included Contra Costa and the city of Benicia in Solano County. Then, we estimated the number of Californians that would be living near rail lines if the Phillips 66 Santa Maria refinery crude by rail project is approved and becomes operational. The results are shown below:

  1. Population living within a half mile of rail lines throughout all of California: 6,900,000
  2. Population living within a half mile of rail lines in CA’s East Bay refinery communities: 198,000
  3. Population living within a half mile of rail lines along the UP lines connecting Richmond, CA to the Phillips 66 Santa Maria refinery: 930,000

CA Crude by Rail References

  1. NRDC. 2015. Next Frontier for Dangerous Tar Sands Cargo:California. Accessed 4/15/16.
  2. Oil Change International. 2015. Rail Map.
  3. Global Community Monitor. 2014. Community Protest Against Crude Oil by Rail Blocks Entrance to Kinder Morgan Rail Yard in Richmond
  4. CEC. 2015. Sources of Oil to California Refineries. California Energy Commission. Accessed 4/15/16.
  5. Zhang Y, Shotyk W, Zaccone C, Noernberg T, Pelletier R, Bicalho B, Froese DG, Davies L, and Martin JW. 2016. Airborne Petcoke Dust is a Major Source of Polycyclic Aromatic Hydrocarbons in the Athabasca Oil Sands Region. Environmental Science and Technology. 50 (4), pp 1711–1720.
  6. U.S. Dept of State. 2015. Final Supplemental Environmental Impact Statement for Keystone XL Pipeline. Accessed 5/15/16.
  7. U.S. Dept of State. 2015. Appendix W Environmental Impact Statement for Keystone XL Pipeline Appendix W. Accessed 5/15/16.
  8. NRDC, NextGen Climate, Forest Ethics. 2015. West Coast Tar Sands Invasion. NRDC 2015. Accessed 4/15/16.

** Feature image of the protest at the Richmond Chevron Refinery courtesy of Global Community Monitor.

** Feature image of the Richmond Chevron Refinery courtesy of Paul Chinn | The Chronicle

Petrochemical Industry Presence in East Bay CA’s North Coast Refinery Corridor

Who Lives Near the Refineries?
By

Kyle Ferrar, Western Program Coordinator &
Kirk Jalbert, Manager of Community-Based Research & Engagement

Key Takeaways

  • Communities living along the North Coast of the East Bay region in California are the most impacted by the presence of the petrochemical industry in their communities.
  • Emissions from these facilities disproportionately degrade air quality in this corridor region putting residents at an elevated risk of cancer and other health impacts.
  • People of color are more likely to live near the refineries and are therefore disproportionately affected.

Refinery Corridor Introduction

The North Coast of California’s East Bay region hosts a variety of heavy industries, including petroleum refineries, multiple power plants and stations, chemical manufacturing plants, and hazardous waste treatment and disposal facilities. Nationwide, the majority of petroleum refineries are located in heavily industrialized areas or near crude oil sources. The north coast region is unique. Access to shipping channels and the location being central to the raw crude product from North Dakota and Canada to the North, and California’s central valley oil fields to the south has resulted in the development of a concentrated petrochemical infrastructure within the largely residential Bay Area. The region’s petrochemical development includes seven fossil fuel utility power stations that produce a total of 4,283 MW, five major oil refineries operated by Chevron, Phillips 66, Shell Martinez, Tesoro, and Valero, and 4 major chemical manufacturers operated by Shell, General Chemical, DOW, and Hasa Inc. This unequal presence has earned the region the title, “refinery corridor” as well as “sacrifice zone” as described by the Bay Area Refinery Corridor Coalition.

The hazardous emissions from refineries and other industrial sites are known to degrade local air quality. It is therefore important to identify and characterize the communities that are affected, as well as identify where sensitive populations are located. The communities living near these facilities are therefore at an elevated risk of exposure to a variety of chemical emissions. In this particular North Coast region, the high density of these industrial point sources of air pollution drives the risk of resultant health impacts. According to the U.S.EPA, people of color are twice as likely to live near refineries throughout the U.S. This analysis by FracTracker will consider the community demographics and other sensitive receptors near refineries along the north coast corridor.

In the map below (Figure 1) U.S. EPA risk data in CalEnviroscreen is mapped for the region of concern. The map shows the risk resulting specifically from industrial point sources. Risk along the North Coast is elevated significantly. Risk factors calculated for the region show that these communities are elevated above the average. The locations of industrial sites are also mapped, with specific focus on the boundaries or fencelines of petrochemical sites. Additional hazardous sites that represent the industrial footprint in the region have been added to the map including sites registered with Toxic Release Inventory (TRI) permits as well as Superfund and other Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites. The Toxmap TRI sites are facilities that require a permit to emit hazardous air pollutants. The superfund and other CERCLA sites are locations where a historical footprint of industry has resulted in contamination. The sites are typically abandoned or uncontrolled hazardous waste sites that are part of register for tax-funded clean-ups.

Figure 1. Interactive map of risk in the East Bay’s North Coast refinery corridor

View Map Fullscreen | How Our Maps Work

Oil refineries in particular are unique sources of air emissions. There are 150 large domestic refineries throughout the United States. They are shown in the map in Figure 2 below. The majority (90%) of the refined products from these refineries are fuels; motor vehicle gasoline accounts for 40%. The refinery sites have hundreds of stacks, or point sources, and they emit a wide variety of pollutants, as outlined by the U.S. EPA:

  • Criteria Air Pollutants (CAPs)
    • Sulfur Dioxide (SO2)
    • Nitrogen Oxides (NOx)
    • Carbon Monoxide (CO)
    • Particulate Matter (PM)
  • Volatile Organic Compounds (VOCs)
  • Hazardous Air Pollutants (HAPs)
    • Carcinogens, including benzene, naphthalene, 1,3-butadiene, PAH
    • Non-carcinogenic HAP, including HF and HCN
    • Persistent bioaccumulative HAP, including mercury and nickel
  • Greenhouse Gases (GHG)
  • Hydrogen Sulfide (H2S)

Figure 2. Map of North American Petroleum Refineries


View Map Fullscreen | How Our Maps Work

BAAQMD Emissions Index

Figure 3. BAAQMD emissions index visualization

Disparate health impacts are therefore a known burden for these Bay Area communities. The region includes the cities of Richmond, Pinole, Hercules, Rodeo, Crockett, Port Costa, Benicia, Martinez, Mt. View, Pacheco, Vine Hill, Clyde, Concord, Bay Point, Antioch, and Oakley. In addition to preserving the ecological system health of this intercostal region is also important for both the ecological biodiversity of the marsh as well as commercial and recreational purposes. These wetlands provide a buffer, able to absorb rising waters and abate flooding.

The Bay Area Air Quality Management District’s (BAAQMD) Cumulative Impacts report identified areas where air pollution’s health impacts are relatively high in the San Francisco Bay Area. The report is does not limit their analysis to the North Coast, but shows that these regions with the most impacts are also the most vulnerable due to income, education level, and race and ethnicity. The report shows that there is a clear correlation between socio-economic disadvantages and racial minorities and the impacted communities. Figure 3 shows the regions identified by the BAAQMD as having the highest pollution indices.

Analysis

This analysis by FracTracker focuses specifically on the north shore of the East Bay region. Like the BAAQMD report, National Air toxic Assessment (NATA) data to identify census tracts with elevated risk. Specifically, elevated cancer and non-cancer risk from point sources emitting hazardous air pollutants (HAPs) as regulated by the U.S. EPA were used. CalEnviroScreen 2.0 data layers were also incorporated, specifically the U.S. EPA’s Risk Screening Environmental Indicators (RSEI) data. RSEI uses toxic release inventory (TRI) data, emission locations and weather to model how chemicals spread in the air (in 810m-square grid units), and combines air concentrations with toxicity factors.

The census tracts that were identified as disproportionately impacted by air quality are shown in the map below (Figure 4). The demographics data for these census tracts are presented in the tables below. Demographics were taken from the U.S. census bureau’s 2010 Census Summary File 1 Demographic Profile (DP1). The census tracts shapefiles were downloaded from here.

Figure 4. Interactive Map of Petrochemical Sites and Neighboring Communities in the East Bays North Coast Industrial Corridor

View Map Fullscreen | How Our Maps Work

Buffers were created at 1,000 ft; 2,000 ft; and 3,000 ft buffers from petrochemical sites. These distances were developed as part of a hazard screening protocol by researchers at the California Air Resources Board (ARB) to assess environmental justice impacts. The distances are based on environmental justice literature, ARB land use guidelines, and state data on environmental disamenities (Sadd et al. 2011). A demographical profile was summarized for the population living within a distance of 3,000 feet, and for the census tracts identified as impacted by local point sources in this region. The analysis is summarized in Table 1 below. Additional data on the socioeconomic status of the census tracts is found in Table 2.

Based on the increased percentage of minorities and indicators of economic hardship shows that the region within the buffers and the impacted census tracts host a disproportionate percentage of vulnerable populations. Of particular note is 30% increase in Non-white individuals compared to the rest of the state. We see in Table 2 that this is disparity is specifically for Black or African American communities, with an over 150% increase compared to the total state population. The number of households reported to be in poverty in the last 12 months of 2014 and those households receiving economic support via EBT are also elevated in this region. Additional GIS analysis shows that 7 healthcare facilities, 7 residential elderly care facilities, 32 licensed daycares, and 17 schools where a total of 10,474 students attended class in 2014. Of those students, 54.5% were Hispanic and over 84% identified as “Non-white.”

Table 1. Demographic Summaries of Race. Data within the 3,000 ft buffer of petrochemical sites was aggregated at the census block level.

Total Population Non-White Non-White (%ile)  Hispanic or Latino  Hispanic or Latino (%ile)
Impacted Census Tracts 387,446 212,307 0.548 138,660 0.358
3,000 ft. Buffer 77,345 41,696 0.539 30,335 0.392
State Total 37,253,956 0.424 0.376

Table 2. Additional Status Indicators taken from the 2010 census at the census tract level

Indicators (Census Tract data) Impacted Count Impacted Percentile State Percentile
Children, Age under 5 27,854 0.072 0.068
Black or African American 60,624 0.156 0.062
Food Stamps (households) 0.1103 0.0874
Poverty (households) 0.1523 0.1453

Conclusion

The results of the refinery corridor analysis show that the communities living along the North Coast of the East Bay region are the most impacted by the presence of the petrochemical industry in their communities. Emissions from these facilities disproportionately degrade air quality in this corridor region putting residents at an elevated risk of cancer and other health impacts. The communities in this region are a mix of urban and single family homes with residential land zoning bordering directly on heavy industry zoning and land use. The concentration of industry in this regions places an unfair burden on these communities. While all of California benefits from the use of fossil fuels for transportation and hydrocarbon products such as plastics, the residents in this region bear the burden of elevated cancer and non-cancer health impacts.

Additionally, the community profile is such that residents have a slightly elevated sensitivity when compared to the rest of the state. The proportion of the population that is made up of more sensitive receptors is slightly increased. The region has suburban population densities and more children under the age of 5 than average. The number of people of color living in these communities is elevated compared to background (all of California). The largest disparity is for Black or African American residents. There are also a large number of schools located within 3,000 ft of at least one petrochemical site, where over half the students are Hispanic and the vast majority are students of color. Overall, people of color are disproportionately affected by the presence of the petrochemical industry in this region. Continued operation and any increases in production of the refineries in the East Bay disproportionately impact the disadvantaged and disenfranchised.

With this information, FracTracker will be elaborating on the work within these communities with additional analyses. Future work includes a more in depth look at emissions and drivers of risk on the region, mapping crude by rail terminals, and working with the community to investigate specific health endpoints. Check back soon.

References

  1. U.S.EPA. 2011. Addressing Air Emissions from the Petroleum REfinery Sector U.S. EPA. Accessed 3/15/16.
  2. Sadd et al. 2011. Playing It Safe: Assessing Cumulative Impact and Social Vulnerability through an Environmental Justice Screening Method in the South Coast Air Basin, California. International Journal of Environmental Research and Public Health. 2011;8(5):1441-1459. doi:10.3390/ijerph8051441.

** Feature image of the Richmond Chevron Refinery courtesy of Paul Chinn | The Chronicle

Bird’s eye view of a sand mine in Wisconsin. Photo by Ted Auch 2013.

7 Sand Mining Communities, 3 States, 5 Months – Part 2

Ludington State Park, Sargent Sand’s Mine, and US Silica and Sylvania Minerals
By Ted Auch, Great Lakes Program Coordinator

When it comes to high-volume hydraulic fracturing (HVHF), frac sand mining may be the most neglected aspect of the industry’s footprint. (HVHF demand on a per-well basis is increasing by 8% per year.)

To help fill this gap I decided to head out on the road to visit, photograph, and listen to the residents of this country’s primary frac sand communities. This multimedia perspective is part of our ongoing effort to map and quantify the effects of silica sand mining on communities, agriculture, wildlife, ecosystem services, and watersheds more broadly. Below is my follow up attempt to give The FracTracker Alliance community a sense of what residents are hearing, seeing, and saying about the silica sand mining industry writ large, through a tour of 7 sand mining communities – part 2. Read part 1.

Monroe County, MI

Monroe County, Michigan is approximately 22 miles south on I-75 from downtown Detroit with similar demographic differences to the Chicago-LaSalle County, IL comparison we made during the first part of this series. South Rockwood lies along the Northeastern edge of Monroe County and the Monroe-Wayne County border, and is consequently at the intersection of Detroit’s sprawl and rural Michigan.

Monroe County and nearly all of South Rockwood is underlain by one of the purest sandstone formations in North America. The Sylvanian Sandstone formation lies beneath 20% of Monroe County stretching from the aforementioned Wayne County border south-southwest to Lucas County, OH (Fig. 1). It is this formation that mining stalwarts such as US Silica and the appropriately named Sylvanian Minerals are mining for frac sands. Not only is the silica pure, but it is also extremely close to the surface. The region, conveniently, is situated at the crossroads of numerous rail lines capable of transporting the sand to shale plays in the east and North Dakota alike.

US Silica and Sylvanian Minerals are neighbors at the corner of Ready and Armstrong Roads in South Rockwood, with the former adjacent to I-75’s southbound lanes (Fig. 2). As of fall 2011, Sylvanian Minerals hadn’t even broken ground on its initial stab at mining frac sands. Presently the two firms have altered nearly 650 acres, or 40% of the community, with the potential to mine an additional 494 acres. These plans suggest that these two companies could collectively alter 72% of the community’s topography.

This domination of the landscape and commerce concerns many South Rockwood citizens including Sylvanian’s immediate neighbor Doug Wood, who has been the industry’s primary citizen watchdog over the last couple years (photo below).

Mr. Wood was generous enough to let us climb to the top of his barn to snap some photos of the mine. Mr. Wood witnessed the foundation of his home become compromised by the numerous blasting events down in Sylvanian’s mine, and only recently found out that the collective activity at the mines is going to force exit 26 off I-75 to be rerouted to Ready Road, converting this sleepy road into the primary entrance/exit for mine-related traffic. In addition, with the approval of Michigan’s Governor Rick Snyder, US Silica’s Telegraph Road Mine proposal has Mr. Wood and his neighbors worried about the safety of their families, the air pollution they inhale from the dust and potentially airborne silica, and the truck traffic related noise, which will all undoubtedly influence their health and quality of life.

The primary take-home message from this stop on my tour was that we have only seen the tip of the iceberg with respect to the potential of frac sand mining to literally and figuratively alter communities. Other affected areas such as South Rockwood could learn quite a bit from the likes of LaSalle County, IL residents Anna Mattes, Tom Skomski, and Ashley Williams.

On to the dunes of Western Michigan and Ludington State Park!

Ludington State Park and Sargent Sand’s Mine

After several days in Grand Rapids, I traveled to Ludington State Park in Michigan (see Fig 4 below), along with documentarian/drone pilot Tom Gunnels and Kent County Water Conservation’s Stephanie Mabie. Our destination was the camp of Linda and Ron Daul, the residents spearheading an effort to make Sargent Sand more accountable and transparent in its mining operations. There camp is also located within and adjacent to one of the most sensitive ecosystems in North America.

This is a documentary produced by Tom Gunnels and his Hive•Mind team that incorporated interviews and drone footage from our Ludington/Sargent Sand mine tour August, 2015.

Ms. Daul was kind enough to organize a tour of the mine, Ludington State Park, and northern hardwood forest for us, as well as journalist Aaron Selbig, who produced a piece on the tour for Interlochen Public Radio. The scenery sans the sand mining infrastructure, noise, and related truck traffic was beautiful in this little corner of Michigan roughly half way between Grand Rapids and Traverse City.

Great Lakes sand dunes

Michigan’s unique and threatened dune ecosystems – and associated Jack Pine (Pinus banksiana) “plains” or “barrens” ecosystem1 – comprise of 116 square miles of coastline along Lake Michigan. Unfortunately, they are simultaneously deprived of the fire regimes they require to regenerate, and are targets for the production of frac sands with Ludington State Park being the primary example. This makes the feasibility of reclaiming original plant communities dubious at best. (There have been mixed results associated with reclamation efforts, for example, at the former Rosy Mound Standard Sand Corporation’s mine 80 miles due south in Grand Haven, see Fig. 5.)

The largest obstacle to reclamation of sand mines along Lake Michigan is the inability of practitioners to document and replicate the many “microenvironments,” which as Peterson and Dersch pointed out:

…are the small environments created by differences in temperature, moisture, and light intensity within the sand dune ecosystem. Examination of these small environments is essential to a clear understanding of the ‘whole’ ecosystem. The diversity of organisms in sand dune areas is made possible by the variety of habitats found in relatively small areas. Any alteration of the dune which homogenizes the ecosystem will allow less diversity of plants and animals.

The Great Lakes dune complex requires perennial vegetation, wind, and sand for continued formation and stabilization with a complex – and specifically adapted – mosaic of lichens, fungi, mosses, grasses, wildflowers, shrubs, and trees arranged in a complicated and multi-layered manner across much of Western Michigan’s lakeshore. As Michigan’s DNR put it:

Without sand dune plants, the integrity and preservation of a stable dune complex cannot exist.

In combination with the Michigan Supreme Court’s constant fiddling of the intent and letter of mineral extraction law, namely the “very serious consequences” clause in House Bill 4746 (2011), you have the makings of a scenario that could eliminate upwards of 16 square miles of Michigan’s critical dunes in the coming years or 9-14% of the entire complex.2

Examples of this unique situation and the threats from Sargent Sand’s expansion include this dune, which is among the largest in Ludington State Park’s 2,820 acres. The Ludington Dunes are also home to the threatened Pitcher’s Thistle (Cirsium pitcheri) with the LSP encompassing one of the world’s two largest populations of this species according to Michigan’s Department of Natural Resources. Interestingly, the US Fish & Wildlife Service does not explicitly or implicitly list sand mining as one of their reasons why the species is threatened.

In addition to Pitcher’s Thistle, systems – like those found along the western edge of Michigan – are home to more than 15 endemic, or nearly so, plant species such as:

  • Wormwood (Artemisia campestris, aka the source of Absinthe),
  • The early colonizer sea-rocket (Cakile edentula),
  • Clustered Broom-Rape (Orobanche fasciculata),
  • Harebell (Cakile edentula, at the edge of Sargent Sand’s Ludington mine), and
  • Hoary Puccoon (Lithospermum canescens), and the species most responsible for dune stabilization Marram Grass (Ammophila sp.).

Additionally, these dunes are critical to the life-cycles of more than 10 different species of birds, reptiles, and herbivores including the Eastern Hog-nosed Snake, Eastern Box Turtle, American Goldfinch, and everybody’s favorite, the White-Tailed Deer.

Table 1. Number of Threatened, Endangered, and Rare Plant Species within Western Michigan’s Dune Complex

Criteria # of Species within Michigan’s Dune Complex
Michigan Threatened Species List 72
Michigan Endangered Species List 7
Michigan Rare Species List 3
Extinct 4
US Endangered Species List 1
US Threatened Species List 11

Modified from State of Michigan Department of Natural Resources, Geological Survey Division, 1979.

Finally, it is of importance to mention the final stage of dune succession are the beech-maple forests, which take an estimated 1,000 years to be achieved according to Jerry Olson (1958). With that said let’s take a look at some of the pictures and testimonial I gathered during my trip to The Great Lake(s) State…

The Photos

A. Sylvanian Minerals and US Silica, South Rockwood, Monroe County, MI from Doug Wood’s barn

The Sylvanian Minerals and US Silica Mine Complex, South Rockwood, Monroe County, MI. 7 Sand Mining Communities, 3 States, 5 Months - Part 2

Location where below photos were taken, showing the Sylvanian Minerals and US Silica Mine Complex, South Rockwood, Monroe County, MI

B. Ludington State Park and Sargent Sand’s Silica Sand Mine, Ludington, Mason County, MI

Ecosystems and Native Plants of Ludington State Park, Mason County, MI (16 images, 11 species)

Sargent Sand and Ludington State Park photography Point-Of-View and Tom Gunnel's Drone Flight Path

Sargent Sand and Ludington State Park photography point-of-view and Tom Gunnel’s drone flight path

Ecosystems (8 images, 3 ecosystems within or adjacent to the mine)

C. Eastern Mine Point-Of-View

Active mine operations and reclaimed parcels (8 images)

D. Ludington State Park Point-Of-View

Overburden stockpile, haul roads, and grain separator (7 images)

E. Drone Screenshots Courtesy of documentarian Tom Gunnels at Hive•Mind

Testimonials

Doug and Dawn Wood, South Rockwood, MI

The cards are definitely stacked against you when there is a silica quarry right next door to your dream home/property. We toiled for years to green it up with trees and grass, a labor of love for our “place in the country”. I mean, what’s not to love about semi-truck traffic, air pollution, house tremors not to mention plummeting property values! Since South Rockwood village annexed the quarry in 2010, placing a quarry wall literally 300 feet from my home, we deal with noise of crushers, loaders, drilling for blasting, and blasting. All the while we are left to wonder what kind of garbage we are inhaling since there seems to be NO REGULATIONS, AIR MONITORING OR DUST CONTROL MEASURES AT ANY TIME!! And if that isn’t enough, the village wants to relocate the freeway ramps to our road for the quarry’s trucking convenience.

Al (Chip) Henning, Ludington, MI

Sargent Sand Company has owned this site since the 1920s. The Big Sable Dune Complex is roughly twice the size of Sleeping Bear Dunes National Lakeshore, and includes the Nordhouse Federal Wilderness. If Sargent completes their mining as projected over the next 30-40 years, the Ludington Dunes (about 40% of the Complex) will be 60-70% destroyed/mined/removed, sent primarily to Pennsylvania for hydraulic fracturing in the Marcellus Shale formation. Sargent has removed 10-15% of the Ludington Dunes, to date, and faces permit renewal in January 2016. My family owns several properties which abut Ludington State Park, whose lands surround the Sargent property narrowly on three sides. Our property lies 1200 feet from the Sargent operations at closest approach; aside from the unsustainable removal of the sands, the noise from Sargent’s 24-7-365 operations is frequently intolerable.

Linda Bergles Daul, Ludington, MI

Fracking sand is mined from ancient geological sand deposits, extremely rare across the globe.   In Michigan, the Sargent Sand – Ludington (State Park) Site, on the west coastline of Lake Michigan, enjoys a controversial, grandfathered permit to mine irreplaceable sand in critical dunes for horizontal fracking application. When the Sargent Sand mine is operating, the peaceful retreat of Hamlin Lake might as well be a downtown Chicago construction site, sharing heavy truck traffic, air pollution and mine numbing noise with our Pure Michigan visitors. The beauty and majesty of Ludington State Park has enriched my life. The critical dunes are one of Michigan and LSP’s most spectacular natural features – they also are one of our most fragile! The dunes are a phenomenon unique to the State of Michigan and yet we allow permitted critical sand dune mining right next to LSP. Sargent sand expansion towards LSP resulting in the removal of 200 year-old stabilizing trees, dredging to create artificial lakes, disregard for wildlife and the critical dune ecosystem, should be addressed within LSP master plans. I would like to see a world-class, university associated educational program established at Ludington State Park, addressing dune ecosystems. The LSP master plan should deliberately study the impact of Sargent Sand Mining operation and propose a broader vision that will consolidate the park in a way that preserves its beauty for future generations. [Furthermore] The State of Michigan Sec. 35302 The legislature finds that: (a) The critical dune areas of this state are a unique, irreplaceable, economic, scientific, geological, scenic, botanical, educational, agricultural, and ecological benefits to the people of this state and to people from other states and countries who visit this resource. EXCEPT if the activity is involved in sand dune mining as defined in part 637.

Julia Chambers, President of A Few Friends for the Environment of the World (AFFEW), Ludington, MI

Sargent Sands sand mining has been viewed as mainly negative in the Ludington-Mason County community. This company was “dormant” until hydraulic fracturing became somewhat popular.   Most citizens and visitors do not like to see the dunes removed in this area so close to the Ludington State Park.   Destruction of critical dune area and possible endangered plants are the main concerns. Other impacts to this community include the immense noise created by the mining for families with homes by the mine and all the trucks going through town to the freight trains. Another issue is the wear on the roads. Also mentioned to me was the time spent waiting at the train crossings because of the sand being transported to other areas via trains. I really haven’t heard any positive comments. My guess would be that the mining creates jobs for the truckers, train workers, and of course the employees of the company. As far as in the future there are rumors that Sargent Sands will continue to mine and then make the area a destination place with condos around the lake they created. This is turn will bring more traffic to the dunes, not a sustainable idea!

Glenn Walquist, DVM, Country Veterinary Clinic, Ludington, MI

I really do “get it” in understanding that jobs are critically important for our State. Mouths are fed, bills are paid, colleges are attended. But the damage to Ludington left in Sargent Sands’ wake when it is done here someday will be permanent scars from the removal of Sand Dunes so rare and so beautiful, that I’m certain that we will all regret what we allowed to happen while on “our watch”. I believe that Ludington’s precious Sand Dunes are not really “ours”…to destroy or allow to be taken. They are timeless natural resources that we have simply been granted stewardship over by our own forefathers and mothers. Allow our children and great grandchildren the privilege of seeing and enjoying what we ourselves have been lucky enough to have seen and touched. “As a native Michigander and 13 year resident of Ludington, I can confidently tell anybody willing to listen that Sargent Sands is (at this very moment) irreversibly destroying one of Michigan’s last remaining precious and timeless natural resources. We… OWE IT to generations that follow us, the right to marvel at and enjoy what is one of this Country’s uniquely beautiful natural treasures… Ludington’s sand dunes. I ignorantly believed, at first, when Sargent Sands began mining sand again here that it would be something akin to raking one’s yard of leaves. When I had an opportunity to hike their mining operation’s perimeter, I witnessed what looks like strip-mining devastation. It’s saddens me that I was complicit (when I myself purchased some sand for my backyard from Sargent’s) but I am more frightened that our own DEQ (who should have known better) would have ever approved such disfiguring and permanent alteration to something so rarely seen in nature. I myself have marveled…at something that I believe only a few places on Earth possess…sand dunes so unique, so beautiful and so rarely seen (and…FREE to hike and to look at !) along a freshwater lake that happens to be what is increasingly being recognized as our Country’s lifeblood. In the Winter here when it snows, I often wonder how many people in other countries can even imagine what snow blowing in sand dunes looks like…the beautiful swirling mixture of sandy snow wrapping around dune grasses that stretch as far as the eyes can see –but now being trucked away. I ask our State, especially in light of Flint’s man made devastation, PLEASE do not allow this to continue when Sargent Sands’ permit expires in December of 2016. This sand mining destruction cannot be undone.

Additional Readings

Buckler, W.R., 1978. Dune Type Inventory and Barrier Dune Classification Study of Michigan’s Lake Michigan Shore, in: Resources, M.D.o.N. (Ed.). Michigan Department of Natural Resources, Lansing, MI.

Carlisle, N., 1960. Michigan’s Marching Dunes. Coronet 48, 159.

Cowles, H.C., 1899. The Ecological Relationship of the Vegetation on the Sand Dunes of Lake Michigan. Botanical Gazette 27, 95-117, 167-202, 281-308, 361-391.

Cressey, G.B., 1928. The Indian sand Dunes and Shore Lines of the Lake Michigan Basin, The Geographic Society of Chicago Bulletin. The University of Chicago Press, Chicago, IL.

Daniel, G., 1977. Dune Country A Guide For Hikers and Naturalists. The Shallow Press Inc., Chicago, IL.

Dorr, J.A., Eschman, D.F., 1970. The Geology of Michigan. University of Michigan Press, Ann Arbor, MI.

Kelley, R.W., 1962. Sand Dunes, A Geologic Sketch, in: Conservation, M.D.o. (Ed.). Michigan Department of Natural Resources, Lansing, MI.

Koske, R.E., Sutton, J.C., Sheppard, B.R., Ecology of Endogone in Lake Huron Sand Dunes. Canadian Journal of Botany 53, 87-93.

Odum, E.P., 1971. Fundamentals of Ecology. W.B. Sanders Company, Philadelphia, PA.

Olson, J.S., 1958. Rates of succession and soil changes on Southern Lake Michigan sand dunes. Botanical Gazette 119, 125-170.

Peterson, J.M., Dersch, E., 1981. A Guide To Sand Dune and Coastal Ecosystem Functional Relationships, in: Service, M.C.E. (Ed.). Michigan Cooperative Extension Service, Lansing, MI.

Ranwell, D.S., 1972. Ecology of Salt Marshes and Sand Dunes. Chapman and Hall, London, UK.

Reinking, R.L., Gephart, D.G., 1978. Pattern of Revegetation of a Shoreline Dune Area, Allegan County, Michigan. The Michigan Academician 11.

Thompson, P.W., 1967. Vegetation and Common Plants of Sleeping Bear. Cranbrook Institute of Science, Bloomfield Hills, MI.

Footnotes for 7 Sand Mining Communities, 3 States, 5 Months – Part 2

  1. Michigan’s DNR describes this ecosystem as having “always contained few large trees and little or no old growth. A forest where soils are dry and the vegetation sparse, it is called a barrens. A forest periodically swept by raging fires, only to spring back, fresh and revitalized. A forest which is amazingly productive and biologically diverse, providing homes for numerous plants and animals, many of them [endemic]. Today [we are]…seeking to extract its resources, enjoy its beauty, explore its secrets, and preserve its life. The jack pine forests can exist, only if we care.”
  2. As Michigan State researchers pointed out the Michigan coastal dune ecosystem exists in small fragments along the Atlantic Coastal Plain but nowhere else in the world

Clearing land for shale gas pipeline in PA

A Push For Pipelines

By Bill Hughes, WV Community Liaison

For anyone who even casually follows Marcellus and Utica shale gas exploration and production, such as in the active gas fields of West Virginia or Southwestern PA or Ohio, we know there are many concerns surrounding the natural gas production process. These issues range from air pollution, water consumption and contamination, to waste disposal. We know that, after all well the pad drilling and construction traffic are done, we must also have pipelines to get the gas to compressor stations, processing plants, and to markets in the Eastern United States (and likely Europe and Asia in the near future). Gas companies in Wetzel County, WV, and in neighboring tri-state counties, are convinced that building pipelines – really big pipelines – will be the silver bullet to achieving some semblance of stability and profitability.

Problems With Proposed Pipelines

One of the new, very large diameter (42”) proposed gas pipelines getting attention in the press is the Mountain Valley Pipeline, which will originate in the village of Mobley in eastern Wetzel County, WV and extend Southeast, through national forests and over the Appalachian Mountains into the state of Virginia. Even if the residents of Wetzel County and other natural gas fields are guinea pigs for experiments with hydraulic fracturing, we know how to build pipelines, don’t we? The equipment, knowledge, and skill sets needed for pipeline construction is readily available and commonly understood compared to high pressure horizontal drilling with large volumes of slick water. So, what could go wrong?

I can answer that question first hand from my hayfield in Wetzel County. Almost two years ago, EQT wanted to survey my property for a similar proposed pipeline – this one 30” in diameter, called the Ohio Valley Connector (OVC). The application for this project has now been filed with the Federal Energy Regulatory Commission (FERC). The below map shows a section of the OVC as proposed almost two years ago. The red outlined area is my property. The yellow line shows one proposed pathway of the 30” pipeline that would cross our land. Multiple routes were being explored at first. Were this version approved, it would have gone right through my hayfield and under our stream.

A section of the OVC as proposed almost two years ago.

A section of the OVC as proposed almost two years ago. The red outlined area is my property. The yellow line shows one proposed pathway of the 30” pipeline that would cross our land.

Pipeline opponents express concern about habitat fragmentation, the crossing of pristine streams and rivers, erosion and sedimentation issues, spills, gas leaks, and possible explosions. These are all very valid concerns. But the potential for other logistical errors in the building process – from very simple to potentially serious ones – are also worth consideration. In this article I will use my recent personal experience as a detailed and documented example of how a professionally surveyed location on my property contained an error of almost one mile – over 4,000 feet – as part of a pipeline construction planning project. Yes, you read that right.

Part I: How Did We Get To This Point

Before we get to my story, I should review my first contact with EQT on this issue. In February of 2014, an EQT land agent asked me for permission to walk my property for preliminary evaluation of a route that would send their 30” high-pressure pipe through our land, from south to north.

It is important to keep in mind that almost every landowner in Wetzel County has been contacted by mail, phone or in person, by land agents promising cash with a verbal assurance that all will be well. The goal is to get a landowner’s signature on a loosely worded “right of way” (RoW) lease contract, with terms favorable to the gas company, and move on. Unfortunately, pipeline lease offers cannot be ignored. Not objecting or not questioning can sometime leave the landowner with fewer choices later. This is because many of the bigger interstate transmission lines are being proposed as FERC lines. When final approval is granted by FERC, these pipelines will have the legal power of eminent domain, where the property owner is forced to comply. Just filing a FERC application does not grant eminent domain in West Virginia, as it seems to in Virginia, but the potential for eminent domain gives land agents power over landowners.

I was not ready to give them surveying permission (to drive stakes or other permanent markers). Since a natural gas pipeline would affect all my neighbors, however, I agreed to allow a preliminary walk through my property and to hang surveyor ribbons in exchange for answering my questions about the project. For instance, one of my biggest concerns was the potential for significant habitat fragmentation, splitting up the forest and endangering wildlife habitat.

[av_font_icon icon=’ue836′ font=’entypo-fontello’ style=” caption=” link=” linktarget=” size=’40px’ position=’left’ color=”][/av_font_icon] There are many questions residents should consider when approached by land agent. A list of these questions can be found in the appendix below.

I never did get answers to most of my questions in the few e-mail exchanges and phone conversations with EQT. I never saw the surveyors either. They simply came and left their telltale colored ribbons. Later, at a public meeting an EQT representative said the closest they would run the pipe to any residence would be 37.5 feet. That number is correct. I asked twice. They said they had the right to run a pipeline that close to a residence but would do their best not to. The 37.5 feet is just one half of the permanent RoW of 75 feet, which was also only part of a 125 foot RoW requested for construction. A few months later, a very short e-mail said that the final pipeline route had changed and they would not be on my property. For a time we would enjoy some peace and quiet.

A Word On Surveyors

Most folks can relate to the work and responsibility of bookkeepers or Certified Public Accountants (CPAs). They measure and keep track of money. And their balance sheets and ledgers actually have to, well, BALANCE. Think of Surveyors as the CPAs of the land world. When they go up a big hill and down the other side, the keep track of every inch — they will not tolerate losing a few inches here and there. They truly are professionals, measuring and documenting everything with precision. Most of the surveyors I have spoken with are courteous and respectful. They are a credit to their profession. They are aware of the eminent domain threat and their surveying success depends on treating landowners with respect. They are good at what they do. However, as this article will show, their professional success and precision depends on whether or not they are given the correct route to survey.

Part II: Surveyor Stakes and Flags

Over the next year we enjoyed peace and quiet with no more surveyors’ intrusions. However, in my regular travels throughout the natural gas fields here, countless signs of surveyor activity were visible. Even with the temporary slowdown in drilling, the proposed pipeline installations kept these surveyors busy. Assorted types of stakes and ribbons and markings are impossible to miss along our roads. I usually notice many of the newer surveyor’s flags and the normal wooden stakes used to mark out future well pads, access roads, compressor stations, and more recently pipelines. Given that survey markings are never taken down when no longer needed, the old ones sometimes hide the new ones.

It can be difficult keeping track of all of them and hard at first to identify why they are there. Even if sometimes I am not sure what a stake and flag might indicate, when one shows up very unexpectedly in what is essentially my front yard, it is impossible to not see it. That is what happened in August of 2015. Despite being unable to get our hay cut due to excessive rain the previous month, the colored flags were highly visible. Below shows one of the stakes with surveyor’s tape, and the hay driven down where the surveyors had parked their trucks in my field alongside my access road.

A surveyor stake alongside my access road.

A surveyor stake alongside my access road.

To call it trespassing might not be legally defensible yet. The stakes were, after all, near a public roadway – but the pins and stakes and flags were on my property. Incidents like this, whether intentional or accidental, are what have given the natural gas companies a reputation as bad neighbors. There were surveyors’ stakes and flags at two different locations, my hay was driven down, and I had no idea what all this meant given that I had no communication from anyone at EQT in over 18 months. I consider myself fortunate that the surveyors did not stray into wooded areas where trees might have been cut. It’s been known to happen.

Below shows the two sets of wooden stakes, roughly 70-80 feet apart, with flags and capped steel rebar pins. Both stakes were near the road’s gravel lane, which is a public right of way. Nevertheless, the stakes were clearly on my property. The markings on one side of the stake identify the latitude, longitude, and the elevation above sea level of the point. The other side of the stake identified it as locating the OVC pipeline (seen here as “OVC 6C):

These identifying numbers are unique to this pin which is used to denote a specific type of location called a “control point.” Control points are usually located off to the side of the center-line of the pipeline:

A control point, located off to the side of the center-line of the pipeline.

A control point, located off to the side of the center-line of the pipeline.

It seemed that somehow, without informing me or asking permission to be on my land, EQT had changed their mind on the OVC route and were again planning to run a pipeline through my property. If this was intentional, both EQT and I had a problem. If this was some kind of mistake, then only EQT would have a problem. Either way I could not fathom how this happened. Trespassing, real or perceived, is always a sensitive topic. This is especially true since, when I had initially allowed the surveyor to be on my property, I had not given permission for surveying. Given concerns about eminent domain, I wanted answers quickly. I documented all this with detailed pictures in preparation for contacting EQT representatives in Pittsburgh, PA, with my complaints.

Part III: What Happened & How?

I think it is safe to say that, in light of my well-known activism in documenting all things Marcellus, I am not your average surface owner. I have over 10,000 photographs of Marcellus operations in Wetzel County and I document every aspect of it. Frequently this leads to contacting many state agencies and gas operators directly about problems. I knew which gas company was responsible and I also knew exactly who in Pittsburgh to contact. To their credit, the person I contacted at EQT, immediately responded and it took most of the day to track down what had happen. The short story was that it was all a simple mistake—a 4,300 foot long mistake—but still just a mistake. The long story follows.

The EQT representative assured me that someone would be out to remove their stakes, flags and the steel pins. I told them that they needed to be prompt and that I would not alter or move their property and locating points. The next day, when I got home, the stakes with flags were gone. Just a small bare patch of dirt remained near the white plastic fencepost I had placed to mark the location. However, since I am a cultivated skeptic—adhering to the old Russian proverb made famous by President Reagan, “Trust but Verify”—I grabbed a garden trowel, dug around a bit, and clink, clink. The steel pin had just been driven deeper to look good, just waiting for my tiller to locate someday. I profusely re-painted the pin, photographed it, and proceeded to send another somewhat harsh e-mail to EQT. The pin was removed the next day.

After all the stakes, ribbons, and steel pins were removed, EQT provided further insights into what had transpired. Multiple pipeline routes were being evaluated by EQT in the area. Gas companies always consider a wide range of constraints to pipeline construction such as road and stream crossings, available access roads, permission and cooperation of the many landowners, steepness of terrain, etc. At a certain point in their evaluation, a final route was chosen. But for unknown reasons the surveyor crew was given the old, now abanoned, route on which to establish their control points. The magnitiude of the error can be seen on the map below. The bright blue line is the original path of the OVC pipeline through my property and the red line shows where the FERC filed pipeline route will go. A new control point has now been established near the highway where the pipeline was meant to cross.

The FERC filed OVC pipeline route vs. the accidentally surveyed route.

The FERC filed OVC pipeline route vs. the accidentally surveyed route.

 

Part IV: Lessons To Be Learned

Given the likely impact of many proposed large-diameter, very long, pipelines being planned, it seems useful to examine how these errors can happen. What can we learn from my personal experience with the hundreds of miles of new pipelines constructed in Wetzel County over the past eight years? First, it is important to ask whether or not similar problems are likely to happen elsewhere, or if this was this just an isolated incident. Can we realistically expect better planning on the proposed Mountain Valley Pipeline, which will run for over 300 miles? Can the residents and landowners living along these pipeline RoWs expect more responsible construction and management practices?

In general, many of the pipeline projects with which landowners, such as those in Wetzel County, are familiar with fall into the unregulated, gathering line category. They might be anywhere from six inches in diameter up to sixteen inches. As we review their track record, we have seen every imaginable problem, both during construction and after they were put into operation. We have had gas leaks and condensate spills, hillside mud slips, broken pipes, erosion and sedimentation both during construction and afterwards.

Now for some apparently contradictory assumptions—I am convinced that, for the most part, truck drivers, pipeliners, equipment operators, drilling and fracturing crews, well tenders and service personnel at well sites, all do the best job they can. If they are given the proper tools and materials, accurate directions with trained and experienced supervision, the support resources and the time to do a good job, then they will complete their tasks consistently and proudly. A majority of employees in these positions are dedicated, trained, competent, and hard working. Of course, there are no perfect contractors out there. These guys are human too. And on the midnight shift, we all get tired. In the context of this story, some pipeline contractors are better and more professional than others, some are more experienced, and some have done the larger pipelines. Therefore, despite best intentions, significant errors and accidents will still occur.

The Inherent Contradictions

It seems to me that the fragile link in natural gas production and pipeline projects is simply the weakness of any large organization’s inherent business model. Every organization needs to constantly focus on what I refer to as the “four C’s—Command and Control, then Coordination and Communication—if they are to be at all successful. It is a challenge to manage these on a daily basis even when everyone is in the same big building, working for the same company, speaking the same language. This might be in a university, or a large medical complex, or an industrial manufacturing plant.

But the four C’s are nearly impossible to manage due to the simple fact that the organizational structure of the natural gas industry depends completely on hundreds of sub-contractors. And those companies, in turn, depend on a sprawling and transient, expanding and collapsing, network of hundreds of other diverse and divergent independent contractors. For example, on any given well pad, during the drilling or fracturing process, there might be a few “company” men on site. Those few guys actually work for the gas company in whose name the operating permit is drawn. Everyone else is working for another company, on site temporarily until they are ready to move on, and their loyalty is elsewhere.

In the best of situations, it is next to impossible to get the right piece of information to the right person at just the right time. Effective coordination among company men and contractors is also next to impossible. I have seen this, and listened in, when the drilling company is using one CB radio channel and the nearby pipeline company is using some private business band radio to talk to “their people.” In that case, the pipeline contractors could not talk to the well pad—and it did not matter to them. In other cases, the pilot vehicle drivers will unilaterally decide to use another CB radio channel and not tell everyone. I have also watched while a massive drill rig relocation was significantly delayed simply because a nearby new gas processing plant was simultaneously running at least a hundred dump trucks with gravel on the same narrow roadway. Constant communication is a basic requirement for traffic coordination, but next to impossible to do properly and consistently when these practices are so prevalent.

These examples illustrate how companies are often unable to coordinate their operations. Now, if you can, just try to picture this abysmal lack of command and control, and minimal communication and coordination, in the context of building a 300-mile length of pipeline. The larger the pipeline diameter, and the greater the overall length of the pipeline, the more contractors will be needed. With more contractors and sub-contractors, the more coordination and communication are essential. A FERC permit cannot fix this, nor would having a dozen FERC permits. Unfortunately, I do not envision the four Cs improving anytime soon in the natural gas industry. It seems to be the nature of the beast. If, as I know from personal experience, a major gas company can arrange to locate a surveyed control point 4,300 feet from where it should have been, then good luck with a 300 mile pipeline. Even with well-intentioned, trained employees, massive problems are still sure to come.

The FERC approvals for these pipelines might not be a done deal, but I would not bet against them. So vigilance and preparation will still be of the essence. Citizen groups must be prepared to observe, monitor, and document these projects as they unfold. If massive pipelines like the MVP and OVC are ever built, they should become the most photographed, measured, scrutinized, and documented public works projects since the aqueducts first delivered water to ancient Rome. For the sake of protecting the people and environment of Wetzel County and similar communities, I hope this is the case.

By Bill Hughes, WV Community Liaison, FracTracker Alliance
Read more Field Diary articles.

Appendix: Questions to Ask When Approached by a Land Agent (Landsman)

These questions can be modified to suit your location. The abbreviation “Gas Corp.” is used below to reference a typical natural gas company or a pipeline subsidiary to a natural gas company.  These subsidiaries are frequently called Midstream Companies. Midstream companies build and manage the pipelines, gas processing, and some compressor stations on behalf of natural gas companies.

  1. Please provide a Plain English translation of your landowner initial contract.
  2. What will Gas Corp. be allowed to do, and not allowed to do, short term and long term?
  3. What will Gas Corp. be required to do, and not required to do?
  4. What is the absolute minimum distance this pipeline will be placed away from any dwelling anywhere along its entire length?
  5. What restrictions will there be on the my land after you put in the pipelines?
  6. Who will be overseeing and enforcing any environmental restrictions (erosion and sedimentation, slips, stream crossings, etc.)?
  7.  Who will be responsible for my access road upkeep?
  8. Who will be responsible for long term slips and settlements of surface?
  9. When would this construction begin?
  10. When would all work be completed?
  11. Who would be responsible for long term stability of my land?
  12. Will the pipeline contractor(s) be bound to any of our agreements?
  13. Who are the pipeline contractor(s)?
  14. What will be transported in the pipeline?
  15. Will there be more than one pipe buried?
  16. How wide is the temporary work RoW?
  17. How wide is the permanent RoW?
  18. How deep will the pipeline(s) be buried?
  19. What size pipe will it be; what wall  thickness?
  20. How often will the welds on the individual pipe segments be inspected?
  21. Will there be any above ground pipeline components left visible?
  22. Where will the pipe(s) originate and where will they be going to?
  23. What will the average operating pressure be?
  24. What will the absolute maximum pressure ever be?
  25. At this pressure and diameter, what is the PIR—Potential Impact Radius?
  26. Will all pipeline and excavating and laying equipment be brought in clean and totally free from any invasive species?
  27. How will the disturbed soil be reclaimed?
  28. Will all top soil be kept separate and replaced after pipeline is buried?
  29. Also, After all the above is settled, how much will I be paid per linear foot of pipeline?

Interview with Therese Vick – Sentinel Award Winner

Kirk Jalbert, FracTracker’s Manager of Community Based Research & Engagement, interviews Therese Vick, one of FracTracker’s 2015 Community Sentinels Award Winners.

Therese Vick is a highly-regarded community organizer with the Blue Ridge Environmental Defense League in North Carolina. A big part of her work is serving BREDL chapters in Stokes, Anson, Lee, and Chatham counties – all frontline communities threatened by shale gas extraction. In these communities, she offers organizing assistance, training programs, and strategic campaign planning for local groups. Watch-dogging state regulatory agencies is also a significant part of Therese’s work, about which she publishes extensively on in her blog, From Where I Sit: Reports From The North Carolina Mining and Energy Commission Meetings. Therese lives in Raleigh, NC, with her cats Savannah and Charity, and a very opinionated bunny named Stella.

Q: To start, can tell us a little bit about your background and what brought you to the world of environmental advocacy work?

Therese: Well, I actually started out in a small town in Eastern North Carolina, working at a pharmacy. This was back in the very early ‘90s and a proposal for the world’s second largest hazardous waste incinerator landed on our county about six miles from my home. And this is a county that had no hospital. We had a volunteer fire department, but we had no haz-mat, none of that kind of infrastructure. That’s how I got involved in grassroots environmental work. I was a volunteer for years. Then I came on staff with Blue Ridge Environmental Defense League (BREDL) and was supported by a local organization – the North Hampton Citizens Against Pollution -through a small grant. I left my job at the drug store after about 15 years and went to work on a bunch of different issues, not just the hazardous waste incinerator, which we eventually defeated. I worked with BREDL for about three and a half years, then went back to work with my husband in his business and raised my kids but stayed active with local community groups off and on. I came here to the Triangle to complete my education in psychology and human services. I called the executive director of BREDL to let them know I was living here in Raleigh; I knew that they came to Raleigh sometimes. They offered me a job, I graduated, and I came back to work for BREDL. So that’s kind of how I ended up where I am right now. I have been volunteering and working on grassroots environmental issues for over 20 years.

Q: Now that you are back with Blue Ridge Environmental Defense League, what sorts of projects have you been working on?

A: It can change from one day to the next, but my biggest areas of work are on fracking, of course, disposal of coal ash, and air quality in particular. I’m also working on pipelines. The Atlantic Coast Pipeline is proposed to go through North Carolina. My co-worker and I are working with communities opposing that. And we work on myriads of other issues. We are community organizers, but we not only doing the organizing, we do a lot of research and technical assistance and watchdog regulatory agencies and things like that as well. That is another big part of my job, is public records and investigations and things like that.

Q: You also do a lot to communicate your findings to the public by way of your blog, From Where I Sit. How do you think that work has made a difference in helping community to understanding the political landscape of gas development?

A: How that blog came about was, I was attending many, many meetings. I can’t even tell you how many, I would say 100 meetings of the Mining and Energy Commission and their various committees, which were very hard to sit through and very frustrating. I wrote this really sarcastic report to our executive director and it was kind of funny too. He said, you know what, you need to start writing a blog before you lose your mind. So that is where it started. It was fun, but also serious. It’s a good organizing tool. In the court of public opinion, it is a good tool for communities to use and to let the general public know that this is something good we are doing for the community, for our community. I mean, it’s something that has to be done because we are just not being protected like we should be. And I don’t see that changing any time soon.

Fighting for Government Transparency

Q: How has all of this work that you are involved in shaped your feelings on the importance of making information and data available to the public?

A: Back in the ‘90s there were these proponents of the incinerator who were very assertive about how we needed the incinerator and how it was going to help the state and all of this stuff. People just had never known them to be active politically so they knew something was going on – all the proponents said, “oh we have nothing to gain from this, nothing. We just think it’s a good idea and blah, blah, blah.” So when I went to the state to do a file search, the first one I had ever done, nervous as I could be, and I found three options from three of the biggest proponent land owners with the company – they were selling their land to the company for the hazardous waste incinerator. Nobody knew this. And I so I paid my 25 cents a page, copied them, and hurried back home from Raleigh to the little town I lived. Long story short, it was a really big story. It was a statewide story and I got some threats, some anonymous threats, and I had a lawyer that call me saying I had no right to those documents. I ended up hanging up on him. Anyway, that kind of got me hooked on the power of having information.

Q: Have you found a similar sense of importance in working with oil and gas related data? I know, for instance, you have done a lot of writing about Halliburton having deep political ties in your area.

A: Well the Halliburton one, Greenpeace did some reporting on that piece and it got national attention. Most of the Mining and Energy Commission stuff is pretty mundane, but this one commissioner was not careful. I requested specific information about if they had met with certain individuals—all the commissioners, it was a request to all the commissioners. I wanted calendar entries and all that stuff. It took them a little bit to get me the information. But then this one commissioner he had it all in a folder that was marked Halliburton. I was stunned. There was this guy, Bowen Health, and he was a registered lobbyist for Halliburton. And this Commissioner, George Howard, he was on the Mining and Energy Commission. He had this folder marked Halliburton. Now, compared to other places of the country we had a pretty strong chemical disclosure law. And Halliburton essentially nixed that. They got that backed up. But this commissioner, he had a calendar entry on December 5th, 2012, from 5:30-6:00pm, there with Bowen Health, the Halliburton lobbyist. All of the commissioners had just maintained, over and over and over again, “We haven’t had any contact with Halliburton.” That is what led me to request the records and there it was, just in black and white. And, I tell you what, it made some of them really mad at him.

Q: What would you say, at this point, is the biggest challenge moving forward with this work?

A: I think the current anti-regulatory frenzy at the state level, the lack of care and concern for public health and the environment at the state level, and the rush to exploit oil and gas in North Carolina at any cost. Those would be the three biggest challenges you have to battle every single day. You’ve got the same philosophy at the head of the environmental agency that you have in the governor’s mansion and in the legislature. People that don’t—at least say they don’t—believe in climate change. People that think that fracking is fine. People that think that offshore drilling is great. Conservative folks, and I’m not political, but that’s one thing that kind of astounded me at the beginning of this. Forced pooling is legal in North Carolina, and it has been since the ‘40s. The fact that people who consider themselves believers in personal and private property rights support, or don’t repeal, that law just was stunning to me. I’m seeing the same thing with imminent domain and the pipelines. So the fact that all this stuff can be ignored, and with the legislature, the governor, and the Department Environment and Natural Resources having that same philosophy, makes it difficult, but not impossible.

Q: So how do you overcome the challenges of anti-disclosure and anti-regulatory sentiments?

A: You have to continue to try to expose what is going on. And, actually, I have got a huge request that I have been going through on coal ash that has some of what I was just telling you about. You have to expose what is going on to educate the public. You have to develop strategic plans within the bigger organization and at the community level, because you just have to be prepared for whatever comes next. And working at the grassroots is the most important thing – folks working in local communities with their local governments, that is the most important thing.

Q: If there was one thing that you would communicate to people or groups that are getting off the ground to deal with similar problems in other parts of the country, what would you say to those individuals?

A: We only have to last one day longer than they do. In other words, don’t give up. If you need to take a little break then take a break, but try to celebrate along the way because it’s hard work. It’s very, very hard work and it can be very depressing and stressful, especially when you are living in a targeted community or you are living with a problem. Try to have fun when you can find it.

Q: Is there anything else that you would like to mention that is important to you personally?

A: I just wanted to say – about the Community Sentinel Award – I wanted to lift up the communities that I work with. Over time they become friends, and they are the heroes. They are the heroes, and I couldn’t do the kind of work that I do without them.