CHARLESTON, W.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, citing research by Morgantown-based Downstream Strategies, no one knows where more than 60 percent of the state's liquid waste from 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 Julie Archer with the West Virginia Surface Owners Rights Organization says West Virginia has waited to react – writing its rules in a sloppy, ad hoc fashion.

"What has happened in West Virginia is the state permitted Marcellus shale drilling on a large scale without carefully considering whether the methods that were available for waste disposal were appropriate or adequate," she says.

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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West Virginia environmental groups are suing the U.S. Army Corps of Engineers, arguing the agency failed to consider residents' health when it gave the stamp of approval for the creation of four valley fills on a thousand-acre surface mine in Raleigh County.

Vernon Halton, executive director of the nonprofit Coal River Mountain Watch says the region experienced severe flooding in the 1990s and early 2000s, and says more valley fills, which involve dumping rocks, minerals and waste into nearby waterways, will put their lives at risk.

"It's going to permanently endanger the people whose homes are in the valleys below, he explained."

According to Environment America, valley fills permanently bury headwater streams and reduce water quality. More than 2,000 miles of headwater streams have been buried due to mountaintop removal.

Haltom added that communities continue to grapple with health challenges unparalleled outside of the coalfields.

"Higher rates of cancer, higher rates of heart disease, higher rates of birth defects, higher rates of other diseases, and most of them can be linked to the airborne dust that people are forced to breathe," he continued.

Research has shown breathing in toxic dust promotes the growth of lung cancer cells in people living in communities near mountaintop removal. Coal is mined in 22 of West Virginia's 55 counties, according to federal data.

A Knoxville environmental group is raising concerns over federal budget cuts and their effects on jobs at the Y-12 National Security Complex in Oak Ridge.

The Trump Administration briefly laid off workers at the complex but called them back the next day.

Tanvi Kardile, coordinator for the Oak Ridge Environmental Peace Alliance, warned the cuts, including layoffs at the Department of Energy and National Nuclear Security Administration, are troubling. She advocated shifting jobs from weapons production to environmental cleanup, citing ongoing efforts to address groundwater contamination, though she pointed out cost overruns and major concerns remain unaddressed.

"One of these cuts we feel should be the uranium processing facility, which is being constructed to replace, all these old, deteriorating buildings at Y-12," Kardile explained. "The budget for that keeps skyrocketing.
And this is one of the largest construction projects in Tennessee history."

Kardile emphasized the uranium processing facility is estimated to cost $10.3 billion and will not be complete in 2031. Initially, the project was expected to cost $6.5 billion and be finished by this year.

Kardile added her group is hesitant about Trump's statement expressing his intention to initiate nuclear arms reduction negotiations with China and Russia. The future of the U.S. nuclear weapons program remains uncertain as a result.

"Who knows if reduction talks will happen or how successful they'll be, especially with some other energy initiatives that he supports, such as discrediting climate change, promoting fossil fuels and drilling," Kardile outlined. "It doesn't seem like the administration will take many initiatives to protect the environment."

Kardile argued it is crucial for Tennesseans to push for greater accountability from the Department of Energy on the rising cost of Y-12 and collaborate with lawmakers to find the best path to allocate their tax dollars and protect public health.

Ohio is seeing a growing number of solar energy projects, including the first utility-scale installation in Dayton, which will help power a key water treatment facility.

Cities across the state are also working together to expand clean energy access. The five-megawatt solar array in Dayton will be built on a brownfield site, which is also a repurposing project for land that had been burned and has limited use because of contamination.

Robert McCracken, energy manager for the neighboring city of Cincinnati, said it is amazing to be able to produce energy to help with energy resiliency anywhere in Ohio.

"There is a lot of great work happening in the sustainable energy field throughout the state of Ohio," McCracken observed. "That's happening in large cities and small towns."

It is expected to provide 38% of the Miami Water Treatment Plant's electrical power needs and cut consumer energy bills by keeping water rates low. The City of Dayton serves as the principal water source for an estimated 1.5 million people in southwest Ohio.

McCracken pointed out local governments across Ohio recognize the importance of clean energy and are working collaboratively on solutions.

"It's become ever more important for all of those cities throughout Ohio ... to be working together to figure out how we all can advance the projects that we're working on that can benefit residents and businesses in each of our local communities," McCracken contended.

The project supports Dayton's climate emergency commitment to cutting carbon emissions at city facilities through renewable energy. McCracken emphasized Ohio cities remain dedicated to sustainable solutions, benefiting the environment and local communities.


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