RICHMOND, Va. – The EPA has largely failed to regulate waste from oil and gas drilling, even though the agency admitted the hazardous nature of the waste decades ago. National and state-based groups are pushing for the agency to at last close the gap.

Twenty-seven years ago, the EPA declared fracking wastewater and related drill cuttings to be hazardous waste, and said the regulation was best left to states, or covered by special rules the agency would then write – except it never wrote them.

Attorney Adam Kron with the Environmental Integrity Project says that's become a huge problem with the boom in fracking in recent years. His group and similar organizations have said they will sue over the matter.

"EPA just hasn't acted," he says. "It's got clear authority to implement these regulations, but for whatever reason, once it made that pronouncement in 1988 it just stepped back and that was its last word on the issue."

According to a study by Earthworks, no one knows where more than 60 percent of the liquid waste from neighboring West Virginia oil and gas drilling ends up.

The study adds that, over the last two years, West Virginia industries have sent more than 500,000 tons of drill cuttings to municipal landfills that are too small for the volume and not designed to deal with the materials.

The vacuum left by the EPA has largely shifted the regulatory responsibility to the states, but Kron says that leaves people unprotected if their state does a poor job.

"We're hopeful that within this timeline EPA can make some sort of meaningful representation, or come to the table," he says. "Or just give an indication that it's finally going to get this done."

Some of the liquid waste ends up being spread on roads to melt ice. In other cases, it's injected into disposal wells that have been linked to earthquakes or stored in large, open pits which can leak or overflow. The industry argues much of the waste is benign – but Kron says it contains materials that should be handled more carefully.

"You would not want to be exposed to these wastes regularly," he says. "Benzene, toluene, metals like chromium, barium, and strontium and mercury. And then we've just got these extremely high levels of salts."

The EPA has 60 days to respond to the letter declaring the groups' intent to sue, which was sent at the end of August. So far it has not replied.


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A Michigan environmental group is addressing an appeal challenging the state's decision to approve the enclosure of the Enbridge Line 5 pipeline.

Built in 1953, this pipeline transports up to 540,000 barrels of petroleum daily through the Great Lakes.

Enbridge aims to build a protective tunnel around a four mile segment at the Straits of Mackinac, which connects Lake Michigan and Lake Huron.

Environmental groups and tribal leaders want the state to reverse Enbridge's permit, citing concerns about a potential catastrophic oil spill.

The nonprofit group Oil & Water Don't Mix is dedicated to preventing oil spills and promoting clean energy - and they support the appeal.

David Holtz, an international coordinator with the group, discussed the next steps.

"And the next big hurdle that the tunnel will have will be during the federal permitting process," said Holtz, "so we're going to be focusing on that in the coming days."

Enbridge spokesperson Ryan Duffy said in an email statement that Line 5's safety is exclusively regulated by the Pipeline and Hazardous Materials Safety Administration.

Enbridge maintains that it also conducts internal inspections via an MRI-like tool known as a "pig" that travels the line, recording data on the pipe's thickness and looking for cracks, dents or signs of corrosion.

Holtz said his organization will continue its efforts to make the public and the federal government aware of what needs to be done regarding Line 5.

"The need for the Biden administration," said Holtz, "to take a stand in support of its own climate policy by rejecting the tunnel."

Holtz added that the permitting process, known as the Environmental Impact Study, will be open for public comment - and is set for early next year.

A new report shows New York will have to delay its 2030 climate goals.

The report from the New York State Energy Research and Development Authority showed the state will be a few years off from its climate goals despite a fervent push toward renewables, due to pandemic-era inflation and growing clean energy demand.

Marguerite Wells, executive director of the Alliance for Clean Energy New York, said now is not the time to slow down clean energy development.

"It's very hard to get things built in New York," Wells pointed out. "In the past few years, state agencies and private developers have worked really hard to improve the processes by which projects have to go through and get approvals on all kinds of different fronts, and those processes are mostly prepared now."

The report outlined ways New York can get 70% of its electricity from renewable sources by 2030. Part of the involves increasing Tier 1 renewable energy solicitation to 5,600 gigawatt-hours annually. It also calls for allowing flexibility in procuring offshore wind projects, with the chance to get more than 9 gigawatts connected to the grid by 2035.

New York has invested billions in renewable energy projects to accomplish 70% of its goal. But the state is still coming up short 6 years before the goals must be met. Wells believes state lawmakers have to do their part to help the state remain on track. Several climate bills failed during the past legislative session, which she said could have helped homeowners transition to clean energy.

"Things like tax abatements and clean energy financing components, all kinds of stuff; the New York HEAT Act, a number of things," Wells outlined. "Many of those would have had a positive impact on homeowners looking to go green. Almost none of those bills got passed."

Wells hopes the bills get passed and signed into law during the 2025 legislative session. Plenty of other legislation such as the Build Public Renewables Act, the RAPID Act, and the All Electric Building Act ensure the state moves closer to its goals.

By Claire Carlson for The Daily Yonder.
Broadcast version by Trimmel Gomes for Florida News Connection for the Public News Service/Daily Yonder Collaboration

A newly updated wildfire risk map could help level the playing field for rural communities who don't have the resources to conduct their own wildfire risk assessments, according to the independent research group Headwaters Economics.

The map, first created by the U.S. Forest Service under the direction of Congress in 2018, shows wildfire risks at the county level and ways to mitigate those risks. Every U.S. county and tribal area is included in the map.

"With this tool, the data is available for everyone to use, no matter whether you have your own staffing and expertise to produce these kinds of resources or not," said Kelly Pohl, associate director of Headwaters Economics, in a Daily Yonder interview.

Headwaters Economics was brought on as a partner in the mapping project in 2020. The group made the map's new updates by incorporating the latest vegetation and climate data, advancements in wildfire hazard simulation modeling, and the most recent building and housing unit information from the Census Bureau.

Wildfire Risk Is Increasing

Better understanding local wildfire risk could be more important for communities than ever because of the map's recent findings, which shows that about one-third of all Americans live in counties with high wildfire risk.

"There are a lot of states in the East, especially in the Southeast, that have wildfire risk," Pohl said. "And we do see parts of the country have higher wildfire risk than we previously understood." Oregon and Washington are two such states, according to Pohl.

In many parts of the country, climate change has caused hotter temperatures and drier conditions. This exacerbates wildfire risk.

Grant Opportunities

The Biden administration has implemented several grant programs to better equip communities with wildfire resilience tools in light of this increasing risk.

In February 2024, the administration launched a $5 million pilot program for rural emergency response agencies to convert vehicles to wildland fire engines using slip-on water tank units.

In May 2024, the U.S. Department of Agriculture (USDA) allocated another $250 million to the Community Wildfire Defense Grant Program that supports communities to develop wildfire protection plans and remove vegetation.

The wildfire risk map's new data underscores the need for the federal government to "continue these efforts through Community Wildfire Defense Grants and our work to increase the pace and scale of hazardous fuels reduction on federal and non-federal lands," according to USDA's Forest Service Chief Randy Moore, who was quoted in a press release.

Information about the grant programs and other funding opportunities can be found on the wildfire risk map's website.


Claire Carlson wrote this article for The Daily Yonder.


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