Current work in wildlife, rivers, public lands, and climate

Santa Fe, NM—A coalition today called out the U.S. Environmental Protection Agency for entering into an illegal agreement with the State of New Mexico that threatens to open the door for oil and gas industry wastewater to be dumped into streams.

The letter, signed by 18 organizations representing Tribal, environmental, health, and clean water interests, calls on the EPA to withdraw from a July 2018 Memorandum of Understanding to “explore” options for putting oil and gas wastewater into the hydrologic cycle.

By entering into the agreement, the EPA violated the Federal Advisory Committee Act.  This federal law prohibits agencies from convening groups of advisors without first demonstrating that such groups are in the public interest and without providing public notice and opportunities for public involvement.

Today’s letter highlights how EPA entered into the Memorandum of Understanding without making any determination that it was in the public interest, without notifying the public, and without providing any opportunity for public involvement.

Among other things, the agreement committed the EPA to establishing a “collaborative workgroup” that will draft a white paper documenting options for reusing oil and gas industry wastewater.  However, according to recent news reports, the establishment of the “collaborative workgroup” is occurring behind closed doors.

What’s more, the public has not been given any opportunity to weigh in on the risks related to oil and gas wastewater reuse or to be apprised of the methods that will be use to assess reuse options.

Oil and gas industry wastewater, which is created during hydraulic fracturing and during the production of oil and gas is so toxic that it can’t be treated and reused except for more hydraulic fracturing.  Experts have noted a lack of understanding of what’s in wastewater and what its long-term health and environmental consequences are.

While the EPA is studying the issue of oil and gas industry wastewater, concerns are mounting that the Agency is moving forward too quickly and assessing options for reuse without first assessing risks, requiring full disclosure of what’s in wastewater, and without conducting long-term health and environmental studies.

The groups today called on the EPA to withdraw from its Memorandum of Understanding and to rescind the commitments made in the agreement based on the Agency’s violation of the Federal Advisory Committee Act.