By: Julia Weil, Organizing Intern
Throughout the COVID-19 pandemic, we have increasingly seen many social, economic, and environmental injustices in our society highlighted. One injustice that encapsulates all three is being demonstrated by the increasing pattern of oil and gas companies, struggling as the demand for their product decreases, paying out their executives just before filing for bankruptcy, making the rich richer, and exposing at-risk populations to higher quantities of dangerous chemicals than ever.
This practice of paying executives vast sums of money before going bankrupt is known as a “golden parachute.” One of these companies is Chesapeake, one of the first companies to popularize hydrofracking. Just before filing for bankruptcy, $25 million was given to 21 employees that ranked high in the company’s hierarchy in the form of “retention payments,” though typically this type of payment is intended to keep employees at the company for a designated amount of time.
Other recent examples of this practice have occurred with Whiting Petroleum, a shale drilling company that was able to secure $15 million for its top executives days before the bankruptcy filing, and Diamond offshore drilling, a company that was granted $9.1 million through a COVID-19 stimulus check, and that filed for bankruptcy just one month later.
This is not only an economic injustice, but, as they are frequently closely associated, it is also blatant environmental injustice. The workers are left out of the equation, and when the majority of the remaining money is funneled directly into the pockets of the most powerful company members, the financial planning frequently doesn’t account for the cost of well-closing — money isn’t left over to properly seal the wells.
When this happens, the already harmful fracking wells will leak greater quantities of methane and contaminated water. This is the case for MDC energy, who also paid their executives $8.5 million before filing for bankruptcy. One estimate showed that cleaning up, closing the wells and halting the consistent methane leakage for this particular company would cost $40 million; an amount which, after paying the executives, did not remain.
Though all of the instances discussed here happened more recently, in 2016, there was an estimation of 3.2 million orphaned (or inactive) oil and gas wells in the US, and over 2 million of these were not properly sealed. Although hydrofracking wells also leak while in operation, when they’re out of use and not monitored, they release even greater amounts of the toxic chemicals. Contaminated water from hydrofracking can contain benzene, toluene, arsenic, manganese, barium and strontium, many of which are carcinogenic.
Methane leakage is additionally dangerous because of its warming capabilities – it is an especially potent greenhouse gas; though it doesn’t last as long as carbon dioxide in the atmosphere, it is 25 times stronger of a warming agent. Additionally, atmospheric methane concentrations have more than doubled in the last couple centuries – the orphaned fracking wells will significantly accelerate this problem.
Since this bankruptcy boom is expected to continue – one estimate expects 250 oil and gas companies to file for bankruptcy protection before the end of next year – this puts more and more communities at an increased risk of the effects associated with methane and other toxic chemicals. Waste from gas and oil companies already disproportionately impacts Black and low income communities; this phenomenon further worsens this instance of environmental racism and injustice, while those who should be held responsible profit.
Month: December 2020
WASHINGTON (November 30, 2020) — Aggressively addressing per- and polyfluoroalkyl substances (PFAS) in the environment continues to be an active and ongoing priority for the U.S. Environmental Protection Agency (EPA). Today, the agency is announcing two important steps to address PFAS. First, EPA issued a memorandum detailing an interim National Pollutant Discharge Elimination System (NPDES) permitting strategy for addressing PFAS in EPA-issued wastewater permits. Second, EPA released information on progress in developing new analytical methods to test for PFAS compounds in wastewater and other environmental media. Together, these actions help ensure that federally enforceable wastewater monitoring for PFAS can begin as soon as validated analytical methods are finalized.
“Better understanding and addressing PFAS is a top priority for EPA, and the agency is continuing to develop needed research and policies,” said EPA Administrator Andrew Wheeler. “For the first time in EPA’s history, we are utilizing all of our program offices to address a singular, cross-cutting contaminant and the agency’s efforts are critical to supporting our state and local partners.”
“Managing and mitigating PFAS in water is a priority for the Office of Water as we continue our focus on meeting 21st century challenges,” said EPA Assistant Administrator for Water David Ross. “These actions mark important steps in developing the underlying science and permitting techniques to address PFAS in wastewater where the discharge of these chemicals may be of concern.”
EPA’s interim NPDES permitting strategy for PFAS provides recommendations from a cross-agency workgroup on an interim approach to include PFAS-related conditions in EPA-issued NPDES permits. EPA is the permitting authority for three states (Massachusetts, New Hampshire, New Mexico), the District of Columbia, most U.S. territories including Puerto Rico, Indian Country, and certain federal facilities. The strategy advises EPA permit writers to consider including PFAS monitoring at facilities where these chemicals are expected to be present in wastewater discharges, including from municipal separate storm sewer systems and industrial stormwater permits. The PFAS that could be considered for monitoring are those that will have validated EPA analytical methods for wastewater testing, which the agency anticipates being available on a phased-in schedule as multi-lab validated wastewater analytical methods are finalized. The agency’s interim strategy also encourages the use of best management practices where appropriate to control or abate the discharge of PFAS and includes recommendations to facilitate information sharing to foster adoption of best practices across states and localities.
In coordination with the interim NPDES permitting strategy, EPA is also providing information on the status of analytical methods needed to test for PFAS in wastewater. EPA is developing analytical methods in collaboration with the U.S. Department of Defense to test for PFAS in wastewater and other environmental media, such as soils. The agency is releasing a list of 40 PFAS chemicals that are the subject of analytical method development. This method would be in addition to Method 533 and Method 537.1 that are already approved and can measure 29 PFAS chemicals in drinking water. EPA anticipates that multi-lab validated testing for PFAS will be finalized in 2021. For more information on testing method validation, see https://www.epa.gov/cwa-methods.
Background
EPA continues to make progress under its PFAS Action Plan to protect the environment and human health, including:
Highlighted Action: Drinking Water
- In December 2019, EPA accomplished a key milestone in the PFAS Action Plan by publishing a new validated method to accurately test for 11 additional PFAS in drinking water. Method 533 complements EPA Method 537.1, and the agency can now measure 29 chemicals.
- In February 2020, EPA took an important step in implementing the agency’s PFAS Action Plan by proposing to regulate PFOA and PFOS drinking water.
- EPA also asked for information and data on other PFAS substances, as well as sought comment on potential monitoring requirements and regulatory approaches.
- In November 2020, EPA issued a memo detailing an interim National Pollutant Discharge Elimination (NPDES) permitting strategy for PFAS. The agency also released information on progress in developing new analytical methods to test for PFAS compounds in wastewater and other environmental media.
Highlighted Action: Cleanup
- In December 2019, EPA issued Interim Recommendations for Addressing Groundwater Contaminated with PFOA and PFOS, which provides guidance for federal cleanup programs (e.g., CERCLA and RCRA) that will also be helpful to states and tribes.
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- The recommendations provide a starting point for making site-specific cleanup decisions and will help protect drinking water resources in communities across the country.
- In July 2020, EPA submitted the Interim Guidance on the Destruction and Disposal of PFAS and Materials Containing PFAS to OMB for interagency review. The guidance would:
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- Provide information on technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials.
- Identify ongoing research and development activities related to destruction and disposal technologies, which may inform future guidance.
- EPA is working on the proposed rule to designate PFOA and PFOS as hazardous substances under CERCLA. In the absence of the rule, EPA has used its existing authorities to compel cleanups.
Highlighted Action: Monitoring
- In July 2020, EPA transmitted the Unregulated Contaminant Monitoring Rule 5 (UCMR 5) proposal to the Office of Management and Budget (OMB) for interagency review. EPA anticipates proposing nationwide drinking water monitoring for PFAS that uses new methods that can detect PFAS at lower concentrations than previously possible.
Highlighted Action: Toxics
- In September 2019, EPA issued an advanced notice of proposed rulemaking that would allow the public to provide input on adding PFAS to the Toxics Release Inventory toxic chemical list.
- In June 2020, EPA issued a final regulation that added a list of 172 PFAS chemicals to Toxics Release Inventory reporting as required by the National Defense Authorization Act for Fiscal Year 2020.
- In July 2020, EPA issued a final regulation that can stop products containing PFAS from entering or reentering the marketplace without EPA’s explicit permission.
Highlighted Action: Scientific Leadership
- EPA continues to compile and assess human and ecological toxicity information on PFAS to support risk management decisions.
- EPA continues to develop new methods to test for additional PFAS in drinking water.
- The agency is also validating analytical methods for surface water, groundwater, wastewater, soils, sediments and biosolids; developing new methods to test for PFAS in air and emissions; and improving laboratory methods to discover unknown PFAS.
- EPA is developing exposure models to understand how PFAS moves through the environment to impact people and ecosystems.
- EPA is working to develop tools to assist officials with the cleanup of contaminated sites.
- In July 2020, EPA added new treatment information for removing PFAS from drinking water.
Highlighted Action: Technical Assistance
- Just as important as the progress on PFAS at the federal level are EPA efforts to form partnerships with states, tribes, and local communities across the country.
- EPA has provided assistance to more than 30 states to help address PFAS, and the agency is continuing to build on this support.
- These joint projects allow EPA to take the knowledge of its world-class scientists and apply it in a collaborative fashion where it counts most.
Highlighted Action: Enforcement
- EPA continues to use enforcement tools, when appropriate, to address PFAS exposure in the environment and assist states in enforcement activities.
- EPA has already taken actions to address PFAS, including issuing Safe Drinking Water Act orders and providing support to states. See examples in the PFAS Action Plan.
- To date, across the nation, EPA has addressed PFAS in 15 cases using a variety of enforcement tools under SDWA, TSCA, RCRA, and CERCLA (where appropriate), and will continue to do so to protect public health and the environment.
Highlighted Action: Grants and Funding
- Under this Administration, EPA’s Office of Research and Development has awarded over $15 million through dozens of grants for PFAS research.
- In May 2019, EPA awarded approximately $3.9 million through two grants for research that will improve the agency’s understanding of human and ecological exposure to PFAS in the environment. This research will also promote a greater awareness of how to restore water quality in PFAS-impacted communities.
- In September 2019, EPA awarded nearly $6 million to fund research by eight organizations to expand the agency’s understanding of the environmental risks posed by PFAS in waste streams and to identify practical approaches to manage potential impacts as PFAS enters the environment.
- In August 2020, EPA awarded $4.8 million in funding for federal research to help identify potential impacts of PFAS to farms, ranches, and rural communities.
Highlighted Action: Risk Communications
- EPA is working collaboratively to develop a risk communication toolbox that includes multimedia materials and messaging for federal, state, tribal, and local partners to use with the public.
Additional information about PFAS can be found at: www.epa.gov/pfas
President-elect Joe Biden is vetting three environmental justice leaders to head up the White House agency that will take the lead in coordinating efforts to safeguard communities disproportionately affected by pollution, according to sources familiar with the process.
The shortlist for head of the White House Council on Environmental Quality (CEQ) signals a focus by the incoming Biden administration on environmental policies that aim to ensure improved clean air and water for poor and minority communities that have historically taken the brunt of industrial pollution.
The Biden transition team is considering Mustafa Santiago Ali, Cecilia Martinez and Brenda Mallory to lead the CEQ, according to three sources familiar with the process. The position requires Senate confirmation.
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Photo Credit: REUTERS/Jonathan Bachman
From a distance, the inland marsh a few miles from the Atlantic Ocean in Brunswick, Georgia, looks like a broad, green mat broken by silvery threads of meandering rivers and creeks. There’s cordgrass four feet tall, and sea daisies that add a splash of starburst color.
The marsh is home to shrimp, blue crab and sea trout, and it’s the nesting site of Great Egrets. Bottlenose dolphins inhabit the nearby Turtle/Brunswick River Estuary in Glynn County.
But looks can be deceiving.
Beneath the bucolic green expanse, the water and sediment contain toxic mercury and PCBs from the now closed LCP Chemical plant, which produced chlorine gas, hydrogen gas, hydrochloric acid and other caustic chemicals from 1955 to 1994, at what has since been declared a Superfund hazardous waste site, managed by the Environmental Protection Agency.
The shrimp, crab and sea trout are tainted by the contaminants, putting local residents who still fish in the waters at risk for cancer, liver and kidney damage, according to a federal health assessment of the site.
Back in 2010, a researcher found “extremely high concentrations” of persistent organochlorine contaminants (POCs) in the local bottlenose dolphin population, with LCP Chemical and other nearby Superfund sites considered potential sources of the contamination.
With climate change a leading issue in Georgia’s two closely watched Senate runoff elections on Jan. 5, the effects of a warming planet directly threaten LCP Chemical and 15 other Superfund sites in the state. They could be potentially affected by intensified hurricanes, flooding, sea level rise or wildfires.
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Photo Credit: NOAA