Little Rock, ARK (Sept. 6, 2011) – Inspectors found gas company violations of Arkansas water quality rules 54 percent of the time they conducted inspections of natural gas drilling and production sites in the Fayetteville Shale, according to a report released today by the Arkansas Public Policy Panel. The report, “Violations of Water Quality Standards from Gas Production in Arkansas,” compiled data from Arkansas Department of Environmental Quality (ADEQ) inspections from 2006–2010 obtained through the state’s Freedom of Information Act. The report is available at www.arpanel.org .
This report’s analysis of state inspection records includes three startling revelations:
- Natural gas companies have widespread violations of Arkansas clean water and other environmental laws;
- Companies are not following their own standards and best management practices in most cases;
- The Arkansas Department of Environmental Quality is doing little to enforce these violations or ensure corrective actions are taken to protect water supplies.
The inspection reports seldom include any information that ADEQ took any follow-up action on violations to make companies remediate problems, improve compliance or pay fines. ADEQ conducted only nine follow-up inspections over the four-year period, despite 300 inspections revealing violations, most of them for serious infractions.
“The good news is that ADEQ inspectors are doing a great job when they conduct an inspection,” said Bill Kopsky, Arkansas Public Policy Panel Executive Director. “But the bad news is that a majority of gas production sites that were inspected had violations of our relatively weak state regulations. We don’t have nearly enough inspectors. And most disheartening, ADEQ is not taking corrective and enforcement actions for most violations when they find them.”
“When these companies mess up, they are messing up my land and water, or our whole community’s water,” said Beverly Langford, a landowner in Bee Branch who is concerned about gas operations near her property. “If we speed on the highway then we’re going to get a ticket because we all live by rules. But these companies break the rules, and it’s deflating when the state doesn’t do anything even though you’ve called everyone you’re supposed to call and done everything you’re told to do.”
The Panel’s report makes the following recommendations:
- 1. ADEQ should inspect each gas well site and other facility at least once annually. Every violation should trigger mandatory follow-up inspections and other increased scrutiny for operations of that company across the state.
- 2. ADEQ should improve its records so that inspection reports include all information about follow-up remediation and enforcement actions taken as a result of the inspection.
- 3. ADEQ should create and file an annual report with the Joint Performance Review Committee of the Arkansas Legislature detailing inspections and violations found. The report should be easily accessible by the public.
- 4. ADEQ’s oversight of the oil and gas industry should reflect industry growth to ensure that clean air and water are protected for the benefit of all Arkansans.
- 5. ADEQ should increase cross-training with Arkansas Oil and Gas Commission (AOGC) so that AOGC inspectors can assist ADEQ with environmental impact inspections.
Many of the issues highlighted in the report will be discussed at an interim hearing of the Arkansas Legislature’s Agriculture Committee at 10 a.m. Sept. 13 at the State Capitol. Several of the bills filed during the last legislative session by Rep. Kathy Webb, Rep. Homer Lenderman and Rep. Greg Leding will be discussed.
The report does highlight a couple of positive trends. It shows that violation rates, while still high, have been decreasing recently. And the report notes that ADEQ recently added four new inspectors under a temporary agreement with the Arkansas Game and Fish Commission (AGFC) to help enforce rules on AGFC lands, which are much more stringent than the rules for gas wells on private landowner’s property.
“Both the industry and the agency are trying to do better, but they have a long way to go,” added Kopsky. “We’ve been negotiating with some industry representatives about improving protections. I think some companies are genuinely interested in becoming a better neighbor and clearing out bad actors in the industry.”
The Arkansas Public Policy Panel is a statewide organization dedicated to achieving social and economic justice by organizing citizen groups around the state, educating and supporting them to be more effective and powerful, and linking them with one another in coalitions and networks. The Panel seeks to bring balance to the public policy process in Arkansas.
Sponsors of natural gas package of legislation respond to new report showing widespread violations at gas operations in Fayetteville Shale
Rep. Kathy Webb: “This report shows we need to do more to protect our water and landowners from the dangers of gas development. Every industry in Arkansas has rules they must play by to protect the public. We need to find a much better balance that protects people while still allowing the industry to flourish. Other states are doing more and Arkansas can do much better as well.”
Rep. Greg Leding: “The report shows why HB1392 asks the Arkansas Department of Environmental Quality and the Arkansas Oil and Gas Commission to provide this kind of information to the legislature each year. We shouldn’t have to rely on private groups to compile this kind of information so we can review how well industry and our state agencies are performing. We need to do better.”
