Nicholas Kusnetz , Special to ProPublica , Published June 09 2012
North Dakota's oil boom brings damage amid prosperityEditor’s note: The following is Part 1 of a two-part investigative feature special to The Forum. Look for Part 2 on Monday.
Oil drilling has sparked a frenzied prosperity in Jeff Keller’s formerly quiet corner of western North Dakota in recent years, bringing an infusion of jobs and reviving moribund local businesses.
But Keller, a natural resource manager for the Army Corps of Engineers, has seen a more ominous effect of the boom, too: Oil companies are spilling and dumping drilling waste onto the region’s land and into its waterways with increasing regularity.
Hydraulic fracturing – the controversial process behind the spread of natural gas drilling – is enabling oil companies to reach previously inaccessible reserves in North Dakota, triggering a turnaround not only in the state’s fortunes but also in domestic energy production. North Dakota now ranks second behind only Texas in oil output nationwide.
The downside is waste – lots of it. Companies produce millions of gallons of salty, chemical-infused wastewater, known as brine, as part of drilling and fracking each well. Drillers are supposed to inject this material thousands of feet underground into disposal wells, but some of it isn’t making it that far.
According to data obtained by Pro-Publica, oil companies in North Dakota reported more than 1,000 accidental releases of oil, drilling wastewater or other fluids in 2011, about as many as in the previous two years combined. Many more illicit releases went unreported, state regulators acknowledge, when companies dumped truckloads of toxic fluid along the road or drained waste pits illegally.
State officials say most of the releases are small. But in several cases, spills turned out to be far larger than initially thought, totaling millions of gallons. Releases of brine, which is often laced with carcinogenic chemicals and heavy metals, have wiped out aquatic life in streams and wetlands and sterilized farmland. The effects on land can last for years, or even decades.
Compounding such problems, state regulators have often been unable – or unwilling – to compel energy companies to clean up their mess, our reporting showed.
Under North Dakota regulations, the agencies that oversee drilling and water safety can sanction companies that dump or spill waste, but they seldom do: They have issued fewer than 50 disciplinary actions for all types of drilling violations, including spills, over the past three years.
Keller has filed several complaints with the state during this time span after observing trucks dumping wastewater and spotting evidence of a spill in a field near his home. He was rebuffed or ignored every time, he said.
“There’s no enforcement,” said Keller, 50, an avid outdoorsman who has spent his career managing Lake Sakakawea, a reservoir created by damming the Missouri River. “None.”
State officials say they rely on companies to clean up spills voluntarily and that in most cases, they do. Mark Bohrer, who oversees spill reports for the Department of Mineral Resources, the agency that regulates drilling, said the number of spills is acceptable given the pace of drilling and that he sees little risk of long-term damage.
Kris Roberts, who responds to spills for the Health Department, which protects state waters, agreed, but acknowledged that the state does not have the manpower to prevent or respond to illegal dumping.
“It’s happening often enough that we see it as a significant problem,” he said. “What’s the solution? Catching them. What’s the problem? Catching them.”
Ron Ness, president of the North Dakota Petroleum Council, a lobbying group, said the industry is doing what it can to minimize spills and their impacts.
“You’re going to have spills when you have more activity,” he said. “I would think North Dakotans would say the industry is doing a good job.”
In response to rising environmental concerns related to drilling waste, North Dakota’s legislature passed a handful of new regulations this year, including a rule that bars storing wastewater in open pits.
Still, advocates for landowners say they have seen little will, at either the state or federal level, to impose limits that could slow the pace of drilling.
The Obama administration is facilitating drilling projects on federal land in western North Dakota by expediting environmental reviews. North Dakota’s Gov. Jack Dalrymple has urged energy companies to see his administration as a “faithful and long-term partner.”
“North Dakota’s political leadership is still in the mold where a lot of our oil and gas policy reflects a strong desire to have another oil boom,” said Mark Trechock, who headed the Dakota Resource Council, a landowner group that has pushed for stronger oversight, until his retirement this year. “Well, we got it now.”
Reaching ‘the crazy point’
Keller’s office in Williston is as good a spot as any to see the impacts of the oil boom.
The tiny prefab shack – cluttered with mounted fish, piles of antlers and a wolf pelt Keller bought in Alaska – is wedged between a levee that holds back Missouri River floodwaters and a new oil well, topped by a blazing gas flare. Just beyond the oil well sits an intersection where Keller estimates he saw an accident a week during one stretch last year due to increased traffic from drilling.
Keller describes the changes to his hometown in a voice just short of a yell, as if he’s competing with nearby engine noise. Local grocery stores can barely keep shelves stocked and the town movie theater is so crowded it seats people in the aisle, he said. The cost of housing has skyrocketed, with some apartments fetching rents similar to those in New York City.
“With the way it is now,” Keller said, “you’re getting to the crazy point.”
Oil companies are drilling upwards of 200 wells each month in northwestern North Dakota, an area roughly twice the size of New Jersey.
North Dakota is pumping more than 575,000 barrels of oil a day now, more than double what the state produced two years ago. Expanded drilling in the state has helped overall U.S. oil production grow for the first time in a quarter century, stoking hopes for greater energy independence.
It has also reinvigorated North Dakota’s once-stagnant economy. Unemployment sits at 3 percent. The activity has reversed a population decline that began in the mid-1980s, when the last oil boom went bust.
The growth has come at a cost, however. At a conference on oil field infrastructure in October, one executive noted that McKenzie County, which sits in the heart of the Oil Patch and had a population of 6,360 people in 2010, required nearly $200 million in road repairs.
The number of spill reports, which generally come from the oil companies themselves, nearly doubled from 2010 to 2011. Energy companies report their spills to the Department of Mineral Resources, which shares them with the Health Department. The two agencies work together to investigate incidents.
In December, a stack of reports a quarter-inch thick piled up on Kris Roberts’ desk. He received 34 new cases in the first week of that month alone.
“Is it a big issue?” he said. “Yes, it is.”
The Health Department has added three staffers to handle the influx and the Department of Mineral Resources is increasing its workforce by 30 percent, but Roberts acknowledges they can’t investigate every report.
Even with the new hires, the Department of Mineral Resources still has fewer field inspectors than agencies in other drilling states. Oklahoma, for example, which has comparable drilling activity, has 58 inspectors to North Dakota’s 19.
Of the 1,073 releases reported last year, about 60 percent involved oil and one-third spread brine. In about two-thirds of the cases, material was not contained to the accident site and leaked into the ground or waterways.
But the official data gives only a partial picture, Roberts said, missing an unknown number of unreported incidents.
“One, five, 10, 100? If it didn’t get reported, how do you count them?” he said.
He said truckers often dump their wastewater rather than wait in line at injection wells. The Department of Mineral Resources asks companies how much brine their wells produce and how much they dispose of as waste, but its inspectors don’t audit those numbers. Short of catching someone in the act, there’s no way to stop illegal dumping.
The state also has no real estimate for how much fluid spills out accidentally from tanks, pipes, trucks and other equipment. Companies are supposed to report spill volumes, but officials acknowledge the numbers are often inexact or flat-out wrong. In 40 cases last year, the company responsible didn’t know how much had spilled so it simply listed the volume of fluid as zero.
In one case last July, workers for Petro Harvester, a small, Texas-based oil company, noticed a swath of dead vegetation in a field near one of the company’s saltwater disposal lines. The company reported the spill the next day, estimating that 12,600 gallons of brine had leaked.
When state and county officials came to assess the damage, however, they found evidence of a much larger accident. The leak, which had gone undetected for days or weeks, had sterilized about 24 acres of land. Officials later estimated the spill to be at least 2 million gallons of brine, Roberts said, which would make it the largest ever in the state.
Yet state records still put the volume at 12,600 gallons and Roberts sees no reason to change it.
“It’s almost like rubbing salt in a raw wound,” Roberts said, criticizing efforts to tabulate a number as “bean counting.” Changing a report would not change reality, nor would it help anyone, he added. “If we try to go back and revisit the past over and over and over again, what’s it going to do? Nothing good.”
In a written statement, Petro Harvester said tests showed the spill had not contaminated groundwater and that it would continue monitoring the site for signs of damage. State records show the company hired a contractor to cover the land with 40 truckloads of a chemical that leaches salt from the soil.
Nearly a year later, however, even weeds won’t grow in the area, said Darwin Peterson, who farms the land. While Petro Harvester has promised to compensate him for lost crops, Peterson said he hasn’t heard from the company in months and he doesn’t expect the land to be usable for years. “It’s pretty devastating,” he said.
ProPublica is as an independent, nonprofit newsroom based in New York that produces investigative journalism in the public interest. In 2010, it became the first online news source to win a Pulitzer Prize. Its investigations are conducted by its staff of full-time investigative reporters, and the stories are given away to news partners for publication.
In Monday’s Forum: Officials have the authority to sanction companies that spill or dump fluids, but they rarely do.
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