January 16, 2013

EPA backed off emergency order after gas driller's protest

Ramit Plushnick-Masti / The Associated Press

WEATHERFORD, Texas — When a man in a Fort Worth suburb reported his family's drinking water had begun "bubbling" like champagne, the federal government sounded an alarm: An oil company may have tainted their wells while drilling for natural gas.

click image to enlarge

A road leads to a natural gas well near Weatherford, Texas. The EPA had evidence the gas company's drilling operation contaminated nearby families' drinking water with explosive methane, and possibly cancer-causing chemicals, but withdrew its enforcement action, leaving the families with no useable water supply.

AP

At first, the Environmental Protection Agency believed the situation was so serious that it issued a rare emergency order in late 2010 that said at least two homeowners were in immediate danger from a well saturated with flammable methane. More than a year later, the agency rescinded its mandate and refused to explain why.

Now a confidential report obtained by The Associated Press and interviews with company representatives show that the EPA had scientific evidence against the driller, Range Resources, but changed course after the company threatened not to cooperate with a national study into a common form of drilling called hydraulic fracturing. Regulators set aside an analysis that concluded the drilling could have been to blame for the contamination.

For Steve Lipsky, the EPA decision seemed to ignore the dangers in his well, which he says contains so much methane that the gas in water pouring out of a garden hose can be ignited.

"I just can't believe that an agency that knows the truth about something like that, or has evidence like this, wouldn't use it," said Lipsky, who fears he will have to abandon his dream home in an upscale neighborhood of Weatherford.

The case isn't the first in which the EPA initially linked a hydraulic fracturing operation to water contamination and then softened its position after the industry protested.

A similar dispute unfolded in west-central Wyoming in late 2011, when the EPA released an initial report that showed hydraulic fracturing could have contaminated groundwater. After industry and GOP leaders went on the attack, the agency said it had decided to do more testing. It has yet to announce a final conclusion.

Hydraulic fracturing — often called "fracking" — allows drillers to tap into oil and gas reserves that were once considered out of reach because they were locked in deep layers of rock.

The method has contributed to a surge in natural gas drilling nationwide, but environmental activists and some scientists believe it can contaminate groundwater. The industry insists the practice is safe.

Range Resources, a leading independent player in the natural gas boom, has hundreds of gas wells throughout Texas, Pennsylvania and other mineral-rich areas of the United States. Among them is a production site — now owned by Legend Natural Gas — in a wooded area about a mile from Lipsky's home in Weatherford, about a half-hour drive west of Fort Worth.

State agencies usually regulate water and air pollution, so the EPA's involvement in the Texas matter was unusual from the start. The EPA began investigating complaints about the methane in December 2010, because it said the Texas Railroad Commission, which oversees oil and gas drilling, had not responded quickly enough to the reports of bubbling water.

Government scientists believed two families, including the Lipskys, were in danger from methane and cancer-causing benzene and ordered Range Resources to take steps to clean their water wells and provide affected homeowners with safe water. The company stopped doing that after state regulators declared in March 2011 that Range Resources was not responsible. The dispute between the EPA and the company then moved into federal court.

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