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North Dakota Moves to Ease Oil-and-Gas Radioactive Waste Rules Dramatically

New standard would be 10 times current limits in a state whose economy is fueled by the fracking boom.

Dec 19, 2014

North Dakota regulators recently announced plans to bump up the state's allowable oil-and-gas radioactive waste disposal limit by tenfold.

The current threshold is one of the strictest in the country, at 5 picocuries per gram. That's roughly the equivalent of the natural radiation levels found in North Dakota soil. Consequently, many companies truck their waste out of state to places with higher limits, including the neighboring Minnesota and Montana.

But the new limit of 50 picocuries per gram, proposed by the state's Department of Health last week, on Dec. 12, would change all that. Although it's far from the loosest limit around, it would be one of the highest in the Great Plains region.

One-Stop Science Shop Has Become a Favorite of Industry—and Texas

The EPA's sluggishness in assessing chemicals has created opportunities for a consulting firm with ties to chemical and tobacco interests.

By Rosalind Adams and Lisa Song

Dec 19, 2014

Michael Dourson left the U.S. Environmental Protection Agency 20 years ago to start a nonprofit consulting firm that—unlike the federal government—would move swiftly to evaluate chemical hazards.

Toxicology Excellence for Risk Assessment, or TERA, would be a sort of one-stop science shop, Dourson decided: It would estimate the risks of cancer and other diseases associated with exposures to certain chemicals. It would peer-review research and publish those findings in a database. It would organize conferences to educate government and industry officials. 

Dourson's organization filled a gap left by the EPA, which has evaluated the safety of only 558 of 84,000 chemicals on the market today. The EPA's sluggishness has created major business opportunities for firms like TERA because few state agencies have the resources to conduct their own risk-assessment studies, which are time-consuming and complex. 

Dourson, a toxicologist who spent 15 years with the EPA, describes TERA as an independent firm that aims to protect public health by bringing together scientists from government, academia and industry. Through TERA, he has created a self-sustaining network of supporters in which clients, regulators and peer-reviewers often overlap. The firm's reach has helped make Dourson an influential figure in the field of risk assessment—a niche discipline that is used to determine how much of a particular chemical is acceptable in the environment. The results of these studies shape thousands of public health decisions around the country, including the setting of drinking water standards and air pollution guidelines.

Texas Weakens Chemical Exposure Guidelines, Opens Door for Polluters

The state’s chief toxicologist has overseen a weakening of standards unique in the nation, exposing citizens to higher levels of known carcinogens.

By Lisa Song and Rosalind Adams

Dec 18, 2014

AUSTIN—In 2007, Texas regulators quietly relaxed the state's long-term air pollution guideline for benzene, one of the world's most toxic and thoroughly studied chemicals. The number they came up with, still in effect today, was 40 percent weaker, or less health-protective, than the old one.

The decision by the Texas Commission on Environmental Quality (TCEQ) was a boon for oil refineries, petrochemical plants and other benzene-emitting facilities, because it allowed them to release more benzene into the air without triggering regulatory scrutiny. But it defied the trend of scientific research, which shows that even small amounts of benzene can cause leukemia. The American Petroleum Institute, lobbyist for some of the nation's largest benzene producers, privately acknowledged as early as 1948 that the only "absolutely safe" dose was zero. 

It's "the most irresponsible action I've heard of in my life," said Jim Tarr, an air-quality consultant who worked for the TCEQ's predecessor agency in the 1970s. "I certainly can't find another regulatory agency in the U.S. that's done that."

The benzene decision was part of Texas' sweeping overhaul of its air pollution guidelines. An analysis by InsideClimate News shows that the TCEQ has loosened two-thirds of the protections for the 45 chemicals it has re-assessed since 2007, even though the state's guidelines at the time were already among the nation's weakest.

The changes are being supervised by TCEQ toxicologist Michael Honeycutt, who began updating the way Texas develops its guidelines in 2003, when he was promoted to division chief. A genial, bespectacled man who takes great pride in his work, Honeycutt is a trusted advisor to top TCEQ officials and often acts as the agency's scientific spokesman. He is also a frequent critic of federal efforts to reduce air pollution. 

Honeycutt's actions reflect Texas's pro-industry approach to air quality, which InsideClimate News and the Center for Public Integrity have been examining for the past year and a half. Most of the air-quality guidelines the state's oil and gas producers are supposed to meet are not legally enforceable regulations. That means violators are rarely punished, and residents who complain about foul air near drilling sites have few places to turn for help.

Environmentalists Across the Nation Hail NY Ban on Fracking

The ban does not prohibit fracking-related infrastructure planned for New York, and local activists vow to continue the fight.

By Katherine Bagley and Zahra Hirji

Dec 17, 2014

New York Gov. Andrew Cuomo surprised environmentalists Monday when his administration banned hydraulic fracturing in the state, citing public health concerns. The move puts an end to years of heated debate between activists and the oil and gas industry—and could help buoy the case against fracking in hundreds of similar fights happening across the United States.

"This is an overwhelming victory," Sandra Steingraber, an environmental health expert and fracking activist in New York, told InsideClimate News. "Fracking is able to roll over so many communities because people are told it is inevitable. This decision emboldens us all. It shows this fight is winnable."

Steingraber talked about the decision from the parking lot of a sheriff's office where she was bailing out 28 musicians arrested in an ongoing protest against a fracked gas storage facility in the Seneca Lakes region of New York. She said that when she told the activists the news, they picked up their instruments and there was "singing and dancing in the streets."

Climate Change Divide Widens on Senate Energy Panel

Democrats' replacement of three pro-fossil-fuel lawmakers with more pro-climate-action senators sets the stage for a partisan showdown.

Dec 17, 2014

The ideological divide over climate change widened this week in the Senate committee charged with shaping America's energy policy, setting the stage for a partisan showdown over the new Republican majority's plans to attack the Environmental Protection Agency, build the Keystone XL pipeline and drive fossil fuel expansion.

Democrats' replacement of three pro-fossil-fuel lawmakers with more pro-climate-action senators means that any across-the-aisle cooperation on the Senate Energy and Natural Resources Committee is probably dead, according to political strategists. While Republicans will control the panel 12-10 in 2015, Democrats could delay—or even potentially derail—the GOP's pro-fossil-fuels agenda by nitpicking bills during committee mark-up or by threatening a presidential veto.

"The GOP's appointments are evidence of the increasing desire within the party to roll back Environmental Protection Agency regulations," said Ford O'Connell, a Republican strategist who served as an adviser on the 2008 McCain-Palin presidential campaign. "The Democrats' decisions were definitely calculated, defensive choices. They chose three of their strongest environmentalists...There will be some serious battles in the next two years."

Lima Climate Talks End in Deal, but Path to Treaty Is Uncertain

The documents finally drafted at the overtime Lima talks were too full of ifs, ands and buts to be considered a landmark accomplishment.

Dec 14, 2014

LIMA, Peru—A few hours before dawn poured over the Andes Mountains on Sunday, exhausted diplomats from 190 nations finally reached an uneasy compromise after a grueling and highly contentious round of United Nations climate negotiations.

Somehow, they managed to keep open a route, however uncertain, toward a new climate treaty that they want to complete in Paris a year from now.

"Like all texts, it is not perfect," acknowledged Peru's Manuel Pulgar-Vidal, who as the president of COP20, the 20th conference of the UN Framework Convention on Climate Change, had spent the last few days herding the deeply divided delegates toward a shaky consensus.

Climate advocates, who had come to Peru optimistically after China, the United States, and the European Union had all announced plans this autumn for significant climate actions, left town relieved that the whole enterprise didn’t fall apart.

But they were disappointed with its scope.

The Union of Concerned Scientists called the deal "the bare minimum needed." Oxfam International said, "the decisions made in Lima do not foreclose the possibility an agreement in Paris, but do little to improve the odds of success."

The draft, which incorporates the main elements of a proposed treaty, doesn't bind anyone to emissions cuts just yet. It's a working paper that contains many options, and will provide the basis for further talks starting early next year.



De Blasio Names Climate Chief, Signaling Possible Shift in Policy

Advocates see signs that a shift is underway after the mayor makes significant carbon-cutting pledges and restructures the city's climate team.

Dec 12, 2014

For most of New York City Mayor Bill de Blasio's first year in office, global warming didn't seem to be a top priority—leaving green groups who endorsed him as an environmental champion during his campaign reeling. But 11 months into his term, there are signs that a shift is under way as the mayor made significant pledges and restructured the city's climate team.

Last week, de Blasio quietly named Nilda Mesa to lead New York's climate agenda as director of a new Office of Sustainability. The agency combines two offices with climate-action responsibility. Mesa, an environmental policy and planning authority, has experience at the federal level working for the White House and the Environmental Protection Agency and in New York as the former head of Columbia University's sustainability efforts.

"She has sterling environmental credentials and the ear of the mayor and his top officials—two extremely valuable assets for success in this position," said Eric Goldstein, director of the Natural Resources Defense Council's New York City Environment program. "There had been a gap in critical personnel. We're glad it has been filled by a quality candidate."

At Lima Climate Talks, a Rare Air of Optimism

Even the most hawkish experts expect the Lima talks to wrap up at the end of this week with an open path ahead to a Paris treaty.

Dec 11, 2014

LIMA, Peru—The air was sticky in Lima Wednesday morning, but at least the 15,000 demonstrators who marched through the streets demanding climate action could feel a tepid breeze.

Not so inside the stuffy white carnival tent where delegates at the United Nations talks spent hours fiddling with text meant to map out the route to Paris. It is there where a global climate treaty is supposed to be adopted one year from now.

A delegate from the European Union at a news conference seemed fed up with Lima's dog days. "Progress is a lot slower than we want and need," said Miguel Arias Cañete, the EU's commissioner for energy and the environment. "The text is increasing in length, with no paragraphs yet agreed. It is high time to pick up the pace."

Later in the day it was the turn of Bangladesh's delegation to vent its frustration. With a big slice of their country likely to be swamped by rising seas in the decades ahead, Bangladesh and other poor nations are demanding reliable flows of aid from the rich, and damage payments for the losses they are sure to suffer in the years ahead. Europe and the United States are not interested in any such notion.

But the Bangladeshis, speaking in vehement and even strident tones, said these are not just suggestions—they are "demands," expressions of "our rights."

The hand-wringing and tough talk might be taken as a sign that things were going badly in Lima—a conference that everybody says must succeed if the Paris treaty is ever to be completed.



Health Worries Pervade North Texas Fracking Zone

For years Texas regulators shrugged off health complaints by residents of drilling-intensive areas. Now new research suggests proximity can pose risks.

By Jamie Smith Hopkins

Dec 11, 2014

DALLAS—Propped up on a hospital bed, Taylor Ishee listened as his mother shared a conviction that choked her up. His rare cancer had a cause, she believes, and it wasn't genetics.

Others in Texas have drawn the same conclusions about their confounding illnesses. Jana DeGrand, who suffered a heart attack and needed both her gallbladder and her appendix removed. Rebecca Williams, fighting off unexplained rashes, sharp headaches and repeated bouts of pneumonia. Maile Bush, who needed surgery for a sinus infection four rounds of antibiotics couldn't heal. Annette Wilkes, whose own severe sinus infections were followed by two autoimmune diseases.

They all lived for years atop the gas-rich Barnett Shale in North Texas, birthplace of modern hydraulic fracturing. And they all believe exposure to natural gas development triggered their health problems.

"I've been trying to sell my house," said Williams, a registered nurse, "because I've got to get out of here or I'm going to die."

Texas regulators and politicians have shrugged off such complaints for years. The leap from suspected environmental exposure to definitive proof of harm is a difficult one, and they insist they've found no cause for concern. Officials in other states have said the same thing as hydraulic fracturing—known as fracking—moved beyond Texas and opened up lucrative oil and gas deposits across the country.

But scientific research—coming out now after years of sparse information—suggests that proximity could pose risks.

Congressman Widens Inquiry Into Fracking Waste in Northeast and Midwest

Pennsylvania’s Cartwright wants to know about safety measures in neighboring Ohio and West Virginia.

Dec 10, 2014

A Congressional investigation into the way states regulate the disposal of the often toxic waste generated during the fracking of oil and gas has expanded.

Rep. Matthew Cartwright, a Democrat from eastern Pennsylvania, launched the investigation in October by singling out his home state for the inquiry. 

Now Cartwright, a member of the House Subcommittee on Economic Growth, Job Creation and Regulatory Affairs, has broadened the probe to include Ohio and West Virginia. Those states generate waste from hydraulic fracturing as well as accepting waste from other states, including Pennsylvania.

READ: Open Pits Offer Cheap Disposal for Fracking Sludge, but Health Worries Mount