For Immediate Release: April 29, 2015
For additional information, contact Teresa Mills, Center for Health, Environment and Justice at:
TWENTY-FIVE OHIO CITIZEN GROUPS PETITION U.S. EPA
FOR DRASTIC REFORM OF OHIO’S
FRACKING WASTE DISPOSAL PROGRAM
75% of Ohio’s Disposal Wells for Fracking Waste are in Low-Income Appalachian
Areas That Receive “Comically Inadequate” Public Participation Opportunities and No Meaningful Enforcement
COLUMBUS: A large coalition of Ohio environmental and community groups sent a detailed, fifteen page demand to U.S. EPA’s Office of Environmental Justice today documenting that Ohio’s program for approving “injection” wells that dispose of highly contaminated wastewater from oil and natural gas “fracking wells” has an overwhelmingly disparate impact on low-income Ohioans in violation of a federal directive requiring that such impacts be identified and given specific safeguards. 74.9% of the 237 active injection wells in Ohio are concentrated in the state’s 32 officially recognized “Appalachian” counties due to their low-income status where just 17.4% of all Ohioans live. Injection wells disposed of over 1 billion, 46 million gallons of highly toxic fracking wastes in 2014 deep underground where it is supposed to be isolated from drinking water – but the serious problems in the program detailed in the letter place the injection well program’s claims to safety into deep doubt.
The groups charge that Ohio’s injection well regulator, the Ohio Department of Natural Resources (“ODNR”), is a “captive regulator” controlled by Ohio’s politically potent oil and gas industry and has neither the effective public input nor reliable enforcement programs that states with disparate impacts on low-income communities are required to have under a 1994 Executive Order signed by Bill Clinton addressing “Environmental Justice.” The groups document that the Ohio program has not been updated since it was established in 1983 and has not been changed to address either the rapid growth in waste volume since fracking became common or the requirements of the 1994 Environmental Justice Order despite the obvious disparate impact.
The Environmental Justice Executive Order is enforced by U.S. EPA’s Washington DC-based Office of Environmental Justice where the demand letter was sent. The injection well program is the only component of oil and gas production where federal oversight exists through the U.S. EPA. The Executive Order requires that all federal agencies address “disproportionately high and adverse human health or environmental effects” of federal programs “on minority and low-income populations in the United States” through insuring 1) full access to relevant information, 2) meaningful opportunities for public participation in the permitting process, and 3) effective enforcement.
The groups list evidence that ODNR fails badly in all three areas. It calls ODNR’s current public participation policies established in 1983 “comical but for the profound injustice they cause” due to eight separate defects including that the Department provides only fifteen days to comment on these complicated deep well proposals, routinely refuses to hold public meetings to discuss the permitting process and respond to public concerns, and even claims that citizens have no right to contest its injection well siting decisions in court. Citizens making public records requests to ODNR routinely wait over two months for a response. ODNR’s enforcement program is virtually non-existent with not a single fine collected and only a single example where ODNR authorized the state Attorney General to take an injection well to court. When ODNR inspects injection wells, many violations are ignored while those cited are seldom followed up on to insure compliance. The injection well program is severely understaffed with only four dedicated inspectors, most of whose time is spent insuring that the wells receive their permission to operate.
For proof of ODNR’s “regulatory capture,” the groups point to the disclosure in February, 2014, of a “communications plan” prepared by ODNR to promote fracking in state parks that proposed aggressively partnering with the oil and gas industry and its lobbyists to overcome resistance from what the Department scornfully called “eco-left pressure groups” which included many of the nation’s most respected environmental groups and even two state legislators.
“With ODNR, it’s everything for the oil and gas industry and nothing for the public. They act just as biased toward the industry as their own secret communications plan revealed them to be,” says Teresa Mills of Citizens for Health, Environmental and Justice who coordinated the letter’s release. “They treat Appalachian Ohio as the fracking industry’s dumping ground whose people are too poor to resist taking the lion’s share of Ohio’s waste and that from surrounding states.”
The groups also take U.S. EPA to task for its inadequate oversight role over ODNR. The last oversight report in 2009 was virtually a cut and paste of the previous 2005 report with no mention of ODNR’s severe staff deficiencies or lack of enforcement. The groups also believe U.S. EPA is just as apathetic toward the public as ODNR citing a 2013 episode where, after ODNR refused to hold public meetings, Ohio’s citizens groups held their own to take testimony; the results were sent to U.S. EPA – who never responded.
The groups have asked U.S. EPA’s Office of Environmental Justice to conduct an investigation of both ODNR’s and U.S. EPA’s injection well programs to determine how they should be reformed to satisfy the 1994 Executive Order and to order that the necessary reforms be implemented to insure that the concerns and health of Appalachian Ohioans are taken into account in the injection well program. “The industry has effectively blocked all reform in Ohio and in Washington DC,” concluded Ms. Mills. “This petition is about the only step left to instill some basic fairness into this miserably corrupt system.”
See attached letter.Tejada 4-27-15