Industry and EPA Collaborated to Hide the Truth about How Natural Gas Drilling Is Threatening Drinking Water

By Abrahm Lustgarten, ProPublica. Posted November 20, 2008.

The EPA’s regional office in Denver sharply disagreed. But because it has only an advisory role in the federal review process, and hydraulic fracturing is exempted from the Safe Drinking Water Act, there was little the EPA could do. It rebuked the BLM in a strongly worded letter and gave the development plans in Sublette County a rare "unsatisfactory" rating. It also recommended that the project be stopped until further scientific study could be done.

The BLM, backed by a powerful business lobby, ignored that recommendation. Why do a study if you can’t prove something is wrong, industry argued.

Drilling operators said the benzene came from leaky equipment on the trucks that haul water and waste to and from the drill sites -- and in one or two cases, EPA scientists say that was likely. One theory put forth by the BLM blamed the benzene contamination on malicious environmentalists "hostile to gas production," an accusation the agency later said it had no evidence of.

Thiesse, the DEQ supervisor, recounted a meeting where the debate dwindled down to semantics: "I called it contamination, and somebody said is it really contamination? What if it's naturally occurring?"

 

Leaky equipment on trucks was one reason put forth by drilling operators for benzene contamination. Above, trucks are seen hauling water and waste to and from drilling sites. (Credit: Abrahm Lustgarten/ProPublica)

The industry insisted, as it has for years, that hydraulic fracturing itself had never contaminated a well, pointing to an anecdotal survey done a decade ago by the Interstate Oil and Gas Compact Commission, a coalition of state regulatory bodies and, again, to the

2004 study by the EPA

(PDF).

"You have intervening rock in between the area that you are fracturing and the areas that provide water supplies. The notion that fractures are going to migrate up to those shallow formations -- there is just no evidence of that happening," says Ken Wonstolen, an attorney representing the Colorado Oil and Gas Association who has worked with the petroleum industry for two decades. "I think fracturing has been given a clean bill of health."

A flurry of mail from industry representatives to the BLM said the sort of study the EPA wanted would needlessly slow production. "BLM's restrictions on drilling in the Intermountain west have seriously reduced the supply of natural gas reaching consumers," wrote the American Gas Association.

Washington leaned down on Pinedale too. The message, according to Chuck Otto, field manager for the BLM: Make this happen by November. The 4,400 new wells were approved in September without any deadline for cleaning up the contamination or further research. State regulators told ProPublica that hydraulic fracturing was not even considered as a possible cause.

"The BLM looks at it more as a business-driven process," Otto said. "It's not like I have Vice President Cheney calling me up and saying you need to get this done. But there definitely is that unspoken pressure…mostly from the companies, to develop their resources as they'd like to see fit…to get things done and get them done pretty fast."

A Compromised Study

The 2004 EPA study (PDF) is routinely used to dismiss complaints that hydraulic fracturing fluids might be responsible for the water problems in places like Pinedale. The study concluded that hydraulic fracturing posed "no threat" to underground drinking water because fracturing fluids aren't necessarily hazardous, can’t travel far underground, and that there is "no unequivocal evidence" of a health risk.

But documents obtained by ProPublica show that the EPA negotiated directly with the gas industry before finalizing those conclusions, and then ignored evidence that fracking might cause exactly the kinds of water problems now being recorded in drilling states.

Buried deep within the 424-page report are statements explaining that fluids migrated unpredictably -- through different rock layers, and to greater distances than previously thought -- in as many as half the cases studied in the United States. The EPA identified some of the chemicals as biocides and lubricants that “can cause kidney, liver, heart, blood, and brain damage through prolonged or repeated exposure." It found that as much as a third of injected fluids, benzene in particular, remains in the ground after drilling and is “likely to be transported by groundwater."

See more stories tagged with: natural gas, clean water, drilling

Abrahm Lustgarten is a former staff writer and contributor for Fortune, and has written for Salon, Esquire, the Washington Post and the New York Times since receiving his master's in journalism from Columbia University in 2003.

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