Read time: 15 mins
By Justin Nobel •
Monday, August 19, 2019 - 12:56
In July 2015 workers at the
Garden Creek I Gas Processing Plant, in Watford City, North Dakota, noticed a
leak in a pipeline and reported a spill to the North Dakota Department of
Health that remains officially
listed as 10 gallons, the size of two bottled water
delivery jugs.
But a whistle-blower has
revealed to DeSmog the incident is actually on par with the 1989 Exxon
Valdez oil spill in Alaska, which released roughly 11 million gallons of
thick crude.
The Garden Creek spill “is in
fact over 11 million gallons of condensate that leaked through a crack in a
pipeline for over 3 years,” says the whistle-blower, who has expertise in
environmental science but refused to be named or give other background
information for fear of losing their job. They provided to DeSmog a
document that details remediation efforts and verifies the spill’s
monstrous size.
“Up to 5,500,000 gallons” of
hydrocarbons have been removed from the site, the 2018 document states, “based
upon an…estimate of approximately 11 million gallons released.”
Garden Creek is operated by
the Oklahoma-based oil and gas service company, ONEOK Partners, and
processes natural gas and natural gas liquids, also called natural gas
condensate, brought to the facility via pipeline from Bakken wells.
Neither the National Oceanic
and Atmospheric Administration (NOAA), which monitors coastal spills, nor the
Environmental Protection Agency (EPA) could provide records to put the spill’s
size in context, but according to available reports, if the 11-million-gallon
figure is accurate, the Garden Creek spill appears to be among the largest
recorded oil and gas industry spills in the history of the United States.
However, the American public
is unaware, because the spill remains officially listed as just 10 gallons.
That is despite the fact that a North Dakota regulator has acknowledged the
spill was much larger, and even the official record, right after stating the
spill was 10 gallons, notes that the area was “saturated with natural gas
condensate of an unknown volume,” and thus may have been larger.
Scott Skokos, Executive
Director of the Dakota Resource Council, an organization that works to protect
North Dakota’s natural resources and family farms, questioned whether it was
legal for the state to cover up or downplay spills.
“I have seen many instances
where it appears spills are being covered up, and there appears to be a pattern
of downplaying spills, which makes the narrative surrounding oil and gas
development look rosy and makes the industry look better politically,” says
Skokos. “If this pattern is as widespread as it seems, then we have a
government that is conspiring to protect the oil industry. This is not only
reckless and unethical, but also potentially illegal.”
“In my view,” Skokos added,
“this is not looking out for the best interest of the state or the people who
live in the state, it is only looking out for corporations. And these are not
even corporate citizens of this state, they are corporate citizens of
somewhere else.”
The Challenge
of Oversight
Spills are pervasive in North
Dakota’s oil industry and have been the focus of numerous media reports. “State
regulators have often been unable — or unwilling — to compel energy companies
to clean up their mess,” ProPublica reported in a 2012 investigation.
A 2015 Inside Energy article noted state reports “are riddled
with inaccuracies and estimates” and cited a 2011 spill of oil and gas
wastewater by a Texas-based company listed as 12,600 gallons but later
determined to be at least two million gallons. An eight-year database of spills
compiled by the New York Times in 2014 showed two spills of roughly
one million gallons.
But no news agency has
reported on any spill in North Dakota near the magnitude of Garden Creek.
Pumpjacks and flaring in McKenzie County, North Dakota, east of Arnegard and west of Watford City. Credit: Tim Evanson, CC BY-SA 2.0
Gas processing plants are
sprawling industrial facilities and contain numerous pipes and towers that help
clean and separate the stream of natural gas and natural gas liquids like
ethane, butane, and propane carried in gathering pipelines that originate
at wellheads.
The explosion of fracking across
the U.S. and the booming development of America’s gas-rich shale
plays have planted gas processing plants, which emit a near-continuous stream
of greenhouse gases and carcinogens, from the Pittsburgh suburbs and Ohio’s
Amish country to the high plains of Colorado and the badlands of
North Dakota.
“There should be ongoing
investigations of these facilities regularly,” says Emily Collins, Executive
Director of Fair Shake, an Ohio-based nonprofit environmental law firm. But
there isn’t.
“There is so much to keep
track of for these regulators that spills, among other things, are lost in the
mix,” says Collins. “The old formula of having inspections and investigations
where you show up once a year clearly doesn’t work here, not with the pace, not
with how many places are at issue all of the sudden. We are just not able to
handle it all.”
Map of western North Dakota that includes well density (number of wells per 5 km radius), reported brine spills from 2007 to 2015 (red circles), and sampling sites of samples collected in July 2015 (green triangles). Credit: Lauer et al. 2016
Meanwhile, examination of the
industry, its spills, and its placid regulators has made its way to the U.S. Congress.
The Subcommittee on Energy and Mineral Resources of the House’s Natural
Resource Committee has been holding hearings on the impacts of oil and gas
development on local communities, landowners, taxpayers, and the
environment.
In May, Collins testified
before the subcommittee, along with 71-year-old North Dakota farmer Daryl
Peterson. He shared harrowing stories about decades of spills of toxic oil and
gas industry waste on his farmland, and the utter neglect of the issue by his
state’s regulators.
“In my experience, regulators
have been reluctant to enforce compliance,” Peterson told Congress. “And have
minimized the impacts, rather than holding the oil companies accountable.”
North Dakota Regulator
Disputes Size of Spill
On April 29, 2019, oversight
of spills shifted from the North Dakota Department of Health to a new agency,
the Department of Environmental Quality, but the state’s Spill Investigation
Program Manager has remained Bill Suess.
“I know for a fact that Bill
Suess was made aware of Garden Creek’s size in October of 2018 after a 3-year
investigation was completed to assess size and scope,” the whistle-blower told
DeSmog. “Bill and state staff were presented an updated version of the spill
size…at the state Gold Seal building in a PowerPoint presentation.”
In a phone conversation with
DeSmog in mid-July, Suess explained that he had never seen a document showing
the spill’s size to be any number other than 10 gallons, and he rejected the
fact that the spill was 11 million gallons.
“That would be by far the
largest spill on land in U.S. history. I mean you are talking 261,000
barrels,” Suess said. “That would be significant, and I will guarantee you it
is not that volume. I have received no documentation and I have no scientific
evidence to show it is anywhere near that volume.”
Suess readily acknowledged
that the officially listed spill size was too low. “We know it is significantly
bigger than 10 gallons. We have known that since Day One,” Suess continued. Yet
he defended the state’s decision to continue to list the spill as just
10 gallons.
“In North Dakota we do not
regulate based on volume,” Suess added. “Whether we put a 10 there, a 100
there, a 1,000 there is not going to change our response to the spill, it is
not going to change what the responsible party has to do, not going to change
their remediation, it is not going to change anything other than your curiosity.”
Crestwood discovered a 1 million gallon brine spill from its Arrow pipeline on July 8, 2014. Located north of Mandaree, North Dakota, on the Fort Berthold Reservation. Mandaree is one of the six segments on Fort Berthold and where most Mandan and Hidatsa people live. Courtesy of Lisa DeVille
DeSmog presented details of
the Garden Creek spill to North Dakota environmental attorney Fintan Dooley,
who leads the North Dakota Salted Lands Council, an organization dedicated to
remediating spills.
“You got a big fish hooked
here,” he said. “This has all the signs of a civil conspiracy. If instead of
10, it was 110 or 1010 gallons, one could make the determination the original
report was a mistake, but to leave uncorrected a mistake this big is not an
accident, it smells of deception and deliberation and this is not the first
incident of deceptive record-keeping in North Dakota — I think a good question
to ask is, how many state officials are implicated in covering up
this story?”
The North Dakota Century Code,
which contains all state laws, covers perjury, falsification, and breach of
duty in Chapter
12.1-11. Subsection 05, “Tampering with public records,” states
the following:
“A person is guilty of an
offense if he: a. Knowingly makes a false entry in or false alteration of a
government record; or b. Knowingly, without lawful authority, destroys,
conceals, removes, or otherwise impairs the verity or availability of a
government record.”
The offense, “if committed by
a public servant who has custody of the government record,” is a felony. The
crime carries a possible five-year prison sentence.
DeSmog confronted Suess with
this portion of the code, and asked him if he believed he, or someone, was
guilty of falsifying government records. “No, I am not guilty, but if I changed
that number I would be,” he said. “If I were to go in there and just change
that [10 gallons] to a larger number that I don’t have any scientific evidence
or documentation for, then I would be falsifying it.”
The environmental attorney
Fintan Dooley does not buy that officials behaved appropriately. “There has
been a lot of talk around the state capitol lately about official breach of
public trust, and I am just wondering how far this practice of falsification of
records will be allowed to go?” he said. “The whole thing can be prosecuted,
and if this presents an opportunity to prosecute, I think that is just
wonderful.” Any decisions regarding prosecution, he stresses, are up to a
state attorney.
When asked exactly who would
be charged with a crime, Dooley said, “If anyone is going to file a criminal
charge, they must file it against an individual. If there was a whole series of
people involved, the best practice would be to identify all of them.”
Spill Cleanup Amid Dakota
Access Protests
Natural gas flares from a flare-head at the Orvis State well on the Evanson family farm in McKenzie County, North Dakota, west of Watford City. Credit: Tim Evanson, CC BY-SA 2.0
Garden Creek I became
operational in January 2012. The project was applauded by state and industry
officials for its ability to reduce the release of the prominent greenhouse gas
methane in the oilfield by containing and processing that and other natural gas
byproducts. Flaring,
or burning, natural gas is common in the region’s oilfields.
“The completion of this
facility is a positive step toward reducing flaring activities in North
Dakota,” ONEOK president Terry Spencer told a Watford City newspaper in 2012. In 2015, at the time
the spill was noticed, ONEOK was in the process of constructing a
network of additional gas processing plants across the Bakken. In one industry
press release, the company bragged of “better-than-expected plant performance
at existing and planned processing plants.”
“There was motive to cover up
the actual size of the spill to allow their infrastructure to be completed,”
says the whistle-blower. Furthermore, by the summer of 2016, as the cleanup at
Garden Creek I was moving along, protests against the construction of the Dakota
Access pipeline (DAPL) at the Standing Rock Sioux Indian Reservation
were in full swing. One major concern voiced by the tribe was that a spill
could destroy farmland and contaminate drinking water for thousands
of people.
On August 31, 2016, “Happy” American Horse from the Sicangu Nation locked himself to construction equipment as a direct action against the Dakota Access pipeline. Credit: Desiree Kane, CC BY 3.0
“Public outcry against gas
collection could have threatened ONEOK’s expansion plans and might have
stood in the way of the state’s flaring reduction goals,” says the
whistle-blower. “It’s also possible that it could have further galvanized
public opinion against the DAPL project. In short, it’s possible that
the North Dakota Department of Health faced heavy pressure from both state and
industry to keep this on the down low.”
David Glatt, Director of North
Dakota’s Department of Environmental Quality, said, “The state makes public all
spill reports it receives, so there is no under reporting by the state.” ONEOK has
not responded to DeSmog’s questions on this incident. DeSmog has filed an open
records request with the State of North Dakota for additional information and
details related to the Garden Creek I spill.
In July, Suess told DeSmog,
“Remediation is still ongoing. It is going to be a slow process, it will be a
few years, I think.” Suess said he was planning to revisit the spill site but
did not expect anything he found there would lead him to alter the officially
recorded spill size. “I have a schedule to go out there later this month, but I
still probably wouldn’t change that 10-gallon number because I still won’t have
an accurate number,” he said.
North Dakotans Grapple With
Impacts of Spills
In May, just as North Dakota’s
planting season was beginning, I met with several North Dakota residents whose
farms or communities had been marred by oil and gas industry spills, including
the land of farmer Daryl Peterson, whose 2,500 acres of grains, soybeans, and
corn have been contaminated by more than a dozen spills of brine.
This oil and gas waste product
is loaded with salt and also contains toxic heavy metals and radioactivity.
Peterson pointed to dead zones on his land that are unfit for crops though
still fit for government taxes. The spills have also tainted
his groundwater.
Daryl Peterson's North Dakota farm has suffered from more than a dozen oil and gas industry brine spills. Courtesy of Daryl Peterson
“State regulators declare most
spills are cleaned up to EPA standards and land productivity is
restored but very often this has not been the case,” said Peterson, who,
together with his wife Christine, has farmed this land in Bottineau County,
near the Canadian border, for more than 40 years.
“The oil industry controls
politics in North Dakota and long-term consequences to our precious land, air,
and water resources are being ignored with this gold rush mentality. With the
prospect of 40,000 more wells in North Dakota, the future of our bountiful
agriculture state is in great jeopardy,” said Peterson.
Suess defended his agency’s
methods. “What I believe the North Dakota public wants to know is not how big
is it, but is this spill a risk to me,” he said. “Personally, I have actually
been told by others that we are one of the most transparent agencies out there.
My boss is the North Dakota taxpayer, and my door is always open, any citizen
can walk in at any time and talk to me.”
However, other North Dakota
residents dealing with spills strongly disagree. In May DeSmog also toured
spills on the Fort Berthold Indian Reservation, in the heart of the Bakken oil
boom in western North Dakota, with Lisa DeVille and her husband Walter DeVille
Sr. The couple lives in the community of Mandaree and helps lead an
environmental advocacy group called Fort Berthold Protectors of Water & Earth
Rights, or POWER.
“You can see the earth slowly
dying,” said Lisa, who has two master’s degrees in business and returned to
school to get a bachelor’s* degree in environmental science so she could better
monitor all the spills and contamination on her land and advocate for
her community.
“Every day we have a spill,”
she said. “Whether it is frac sand spilled, trucks that stall out and drop
their oil on roads, trucks wrecking on the road and spilling oil and gas waste
product, or our invisible spill, the methane released into the air from flaring
and venting.”
Aerial view of a 1 million gallon brine spill from Crestwood's Arrow pipeline on July 8, 2014. Located north of Mandaree, North Dakota, on the Fort Berthold Reservation. Mandaree is one of the six segments on Fort Berthold and where most Mandan and Hidatsa peoples live. Photo credit: Sarah Christianson
“The North Dakota Spill
Investigation Program Manager can say that his door is open, but North Dakota
is protecting industry, not people, and it is upsetting to me,”
Lisa added.
“My people — the Mandan,
Hidatsa, and Arikara Nation — have been here for centuries, there have been
many broken promises, and they have been lied to and are still being lied to
about all this oil and gas contamination. No one knows the amount of spills on
Fort Berthold because industry will lie to our tribal leaders. Also, there is
no data for the public to see. There are no studies, research, or analysis to
create laws or codes for environmental justice.”
In July 2014, one million
gallons of oil and gas waste spilled from a pipeline and into a ravine that
drains into the tribe’s main reservoir for drinking water. In a
2016 paper, Duke University researchers, including geochemist Avner Vengosh,
revealed the spill, as well as several others in the Bakken, had laced the land
with heavy metals and radioactivity.
When asked in May 2019 if he
was aware of this research, Glatt, director of the North Dakota Department of
Environmental Quality, said he questioned Vengosh’s “initial premise” and
believed the researchers were “looking for the worst case scenario.”
“I haven’t seen his report; I
just didn’t even know it was out there,” said Glatt. “I knew he was in the
state. This is the first time I hear that he wrote a report.”
‘Lack of Accountability’
As lawsuits
against the oil and gas industry for climate impacts continue and a
growing web of grassroots groups spotlight the industry’s wide arc of pollution,
the uncovering of the oil and gas industry’s vast closet of toxic skeletons
seems inevitable.
“Ultimately I am fed up with
the rushed drilling programs and the lack of accountability when it comes to
environmental impacts,” says the whistle-blower. “I am also disgusted with how
state officials and city council members view these threats and deem it
acceptable to potentially harm human health.”
Why, the whistle-blower added,
“are we shielding the truth from public scrutiny?”
No comments:
Post a Comment