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How unseen emissions continue to impair air quality in Wyoming’s Upper Green River Basin

MORE THAN MEETS THE EYE

HOW UNSEEN EMISSIONS CONTINUE TO IMPAIR AIR QUALITY IN WYOMING’S UPPER GREEN RIVER BASIN

Whether you ranch, farm, hunt, fish, or ski, there is a season for most things in Wyoming. But there are some seasons that we could do without. Topping that list is “winter ozone season” in the Upper Green River Basin of Sublette County.  

For nearly two decades, the Wyoming Outdoor Council and Pinedale-based Citizens United for Responsible Energy Development (CURED) have been actively working to improve winter ozone conditions in this region, which is home to the state’s largest natural gas fields. This seasonal phenomenon typically occurs when the right combination of weather patterns, surface reflectivity from snow and ice, and emissions like nitrogen oxides and volatile organic compounds (known as VOCs) all combine to create ozone molecules. When the ground-level ozone concentration exceeds 70 parts per billion, it can have harmful respiratory effects and cause lung damage in people who breathe the polluted air.

While there have been some modest improvements in the region’s air quality since development in the basin started, the basic fact remains that the UGRB, which once boasted some of the cleanest air in the country, remains dangerously close to violating the Clean Air Act’s standards for ozone. The consequences of this violation could be significant not only for the people living, working, and breathing in Sublette County, but for the industry operators who would likely see new regulations to bring the region back into compliance with air quality standards. 

The UGRB, which once boasted some of the cleanest air in the country, remains dangerously close to violating the Clean Air Act’s standards for ozone.

To better understand why this area continues its seasonal struggle with high ozone levels, the Outdoor Council teamed up with CURED and a trained thermographer from Earthworks, a community-based advocacy organization, to visit the Upper Green in November 2020 and inspect roughly a dozen oil and gas sites on the Jonah and Pinedale Anticline fields. Our goal was simple: to document examples of permitted emissions from oil and gas facilities on public lands and consider what appropriate next steps regulators can take to continue improving this region’s air quality.

Engine stack emissions from the Enterprise Products’ Bridger Compressor Station are an obvious example of a “major source” facility permitted under the Clean Air Act. This footage shows the stark contrast between what an observer can see with the naked eye versus through the lens of specialized infrared camera equipment. (Infrared video footage by Earthworks, Nov. 19, 2020.)

Almost all of the sites our team visited had some detectable levels of fugitive emissions — none of which would have been visible without the use of a state of the art forward-looking infrared camera. These FLIR cameras, which individually cost as much as a high end sports car, provide a glimpse of the otherwise invisible emissions occurring across the Jonah and Pinedale Anticline oil and gas fields.

As part of their operating permits, companies are typically allowed to emit certain levels of pollutants into the atmosphere. Sometimes emissions are vented and released intentionally, while other times they are accidental and the result of old or leaky equipment that needs to be updated or repaired. Both contribute to poor air quality and the region’s ozone season.

Natural gas producers operate thousands of facilities in Wyoming’s Upper Green River Basin. These facilities collectively leak or vent thousands of tons of methane and VOCs each year.

Fugitive emissions seen on Jonah Energy LLC’s Stud Horse Butte Tanks #10-28. The basin’s windy conditions can make it more difficult to see the gas plumes leaking from infrastructure in the UGRB. The region’s poorest air quality is typically on calm days during inversions when concentrations of pollutants build up. (Infrared video footage by Earthworks, Nov. 19, 2020.)

One routine and permitted practice in the Upper Green that contributes to the region’s wintertime ozone problems is when oil and gas wells are intentionally “blown down” to clear them of debris and sludge that accumulates over time. Blowdown tanks are often used to hold the residual fluids and gases that are expelled during these events, but this process frequently results in large volumes of fugitive gasses and VOCs escaping into the atmosphere. During a two-month period in the winter of 2020, Jonah Energy reported 1,008 blowdown events totaling over 159 hours of uncontrolled emissions venting. Dozens of other production companies operate in the region and, collectively, blowdowns result in hundreds of thousands of dollars in wasted gas annually and thousands of tons of vented methane and VOCs.

Emissions venting from tanks at Ultra Resource’s Stud Horse Butte Tanks #7-21. (Infrared video footage by Earthworks, Nov. 19, 2020.)

Emissions from leaking equipment or intentional venting can combine to create ground-level ozone, which can cause respiratory problems and lung damage.

When added up across the landscape, blowdown events and other forms of permitted emissions have the potential to play a big role in the seasonally unhealthy air that impacts the Upper Green. In our day in the field, we were able to document these emissions coming from blowdown tanks, combustor units, and dehydrators. It’s not hard to imagine what that impact could be when multiplied by the thousands of permitted facilities currently operating in the basin.

A leaking tank at Pinedale Energy Partners’ Mesa #1 well. Oil and gas companies operate thousands of facilities in the Upper Green River Basin. (Infrared video footage by Earthworks, Nov. 19, 2020.)
Pinedale Energy Partners’ Mesa well #3-17 shows blowdown tanks that are badly venting emissions. The harmful gasses being released into the atmosphere could be controlled by flaring which would turn these emissions into less harmful ones like carbon dioxide and water vapor. (Infrared video footage by Earthworks, Nov. 19, 2020.)

If the oil and gas industry is going to continue to serve Wyoming as it has historically, it needs to adapt and change to meet the expectations of mostly out-of-state consumers who are increasingly holding energy production to higher environmental and social standards. Based upon our own field observations, a good starting point for Wyoming regulators would be to reduce, and ultimately end, the common practice of using uncontrolled blowdown tanks to vent emissions from oil and gas operations. These emission sources and others should be minimized by being routed to combustors, and more work is needed to reduce the amount of wasted gas that is vented into the atmosphere. While blowdowns are just one of many emissions sources that need to be addressed by operators and regulatory agencies, this would protect public health and air quality. It would also be in the best interest of the industry in the long term.

We look forward to a future trip to the UGRB where the only things to see through a FLIR camera would be the silhouettes of mountains and clouds. But for that future to become a reality, there is still clear work to be done. With states like New Mexico and Colorado taking strong steps to clamp down on uncontrolled venting and set high standards for leak detection and repair, Wyoming’s operators should be following suit to address growing concerns over fugitive emissions, air pollution, and climate change.

Outdoor Council’s latest legal intern fills key role for conservation

The work the Wyoming Outdoor Council does as a conservation nonprofit takes the effort of a group of people with a range of skills, backgrounds, and expertise. Across the state, we have become known for our immersion at the Wyoming State Legislature each year, where our conservation advocates work with lawmakers to help craft and pass some of our state’s most important conservation policy. We’re also known for citizen engagement, which involves the entire WOC team in planning events (in-person and online) that bring our work to you, our supporters, members, and the public.

But beyond these more public-facing endeavors, a lot of our work goes on behind the scenes, quietly and diligently. It is within this work that the Outdoor Council staff attorneys play an invaluable role. And it’s seen in no better place than the small legacy of our legal internship program, which we’ve run informally for about 20 years and which has recruited some of our current staff including Executive Director Lisa McGee and Conservation Advocate John Rader. 

Our current intern is Alex Hamilton, a 28-year-old who is finishing up his law degree — as well as a master’s in Environmental Studies — at the University of Colorado-Boulder. His work so far with the Outdoor Council is proof of the critical role attorneys play in our work and more broadly in environmental conservation. It’s crucial to the watchdogging part of our mission — staff attorneys often are responsible for reviewing pages upon stacks of important legal documents to keep federal and state agencies and lawmakers accountable to their own policies, contracts, management plans, and legislation.

Alex’s particular interest has been in federal land use planning and management, which involves the land under the control of the Bureau of Land Management, the National Forest Service, and the National Park Service. Land use planning and management is the process of regulating the use of land by these agencies to allow for a variety of uses while preserving the land’s natural resources.

“I’m really excited to be working at the Outdoor Council on these particular issues,” he said, “because I’ve been working on the interface of federal and state law while at law school, and this is where WOC’s focus has been, too. With this last year being especially focused on school, it’s exciting to have tangible and meaningful work to do.”

For Alex’s internship, he’s already reviewed how the state of Wyoming has chosen to spend money from the Federal Natural Resource Policy Account since 2015. These funds can be used to take action in response to federal land, water, air, mineral and other natural resource policies, or to participate in environmental review processes.

Alex found that most of the expenditures have gone either to local governments to facilitate their involvement in federal land use planning or to the Attorney General’s office to fund litigation. But what he also found, and why the Outdoor Council was pursuing this research, was that despite the Eastern Shoshone and Northern Arapaho Tribes paying millions of dollars in taxes to help fund FNRPA, the tribes are not eligible to receive any of these funds. As a result, the tribes must fully fund their own participation in resource planning, while Wyoming counties receive tens of thousands of dollars in support from the state.

After finishing this review, Alex wrote a memo to Rep. Andi Clifford, requesting that the state legislature make the tribes eligible to seek these funds. The hope is to expand access to the account so that the tribes have the same support for engagement in federal land use planning processes that local governments do and so that it honors their vested interests in federal land use. Up until this point, the state has not allowed this.

Alex also has two other projects, both related to water quality issues. He’s reviewing the requirements that give the Wyoming Department of Environmental Quality primacy over the Clean Air Act and Clean Water Act. Primacy means that these state-level agencies like the DEQ have the ability to administer these acts, as opposed to the Environmental Protection Agency. If, however, the state agency isn’t meeting the criteria, the EPA can revoke primacy and begin to regulate these acts. Through his research, Alex is looking to ensure that the DEQ can meet — and is meeting —the requirements by adequately protecting Wyoming’s air and water in compliance with federal law. 

He’s also helping to look into next steps regarding the DEQ’s decision to require surface water quality samplers (such as conservation groups, students, or citizen scientists) to have advanced degrees and other qualifications to collect data for determining surface water quality standards. His research is helping us understand the options the Outdoor Council could pursue with the Environmental Quality Council as well as any potential violations of the Clean Water Act this decision causes.

While Alex admits that delving deep into dense legal cases, regulations, statutes, and other documents isn’t always easy, he knows how important the task is to being a lawyer. It’s like solving a puzzle, he said, and part of that involves getting to understand how certain agencies communicate both internally as well as to the public through these documents.

The tangibility of working as an environmental lawyer is what hooked Alex on the career path initially, too.

“That’s a big part of the reason I’m in this field,” he said.

This path seemed to have been worn in from an early age. Alex grew up on the outskirts of the shores of Lake Tahoe, in Truckee, CA, and proclaims to have always loved the snow (which is a lucky penchant to have when living in the West). He was a cross-country ski racer in high school and went to college in Maine to pursue the sport. It was through ski racing that he was first exposed to the Rocky Mountain West, which he described as “eye-opening.” Although not dissimilar to northern California, the scenery and sense he got looking out many a ski team van window was enough to have an impact. When he graduated with an undergraduate degree in Environmental Studies, he was already sure about two things: that he wanted to get back West and he wanted to pursue law.

“I knew that I wanted to work in environmental and conservation from early on in college. I cared a lot about the Mountain West and wanted to work to protect these places that I care about.”

When he graduates in May of this year, he hopes to seek a position with the federal government, perhaps with the National Forest Service as a natural resources planner. He thinks it’s vital that the government uphold its responsibility to the people and to the land, and he wants to be a career employee who dedicates his life to that.

“This experience with the Outdoor Council has really prepared me to have a holistic perspective on the land use planning process as I pursue a position within the federal government,” he said. “I’ve seen first hand how it plays out from an interest group and an advocacy standpoint, and so now I’m able to bring this breadth of understanding to my future career and hopefully facilitate full and fair participation when it comes to land use.”

“I knew that I wanted to work in environmental and conservation from early on in college. I cared a lot about the Mountain West and wanted to work to protect these places that I care about.”