Report on Regulatory Enforcement of Hazardous Waste Transport in the U.S. Oil and Gas Industry

Introduction: A Call for Regulatory Action

A coalition of labor and environmental organizations has formally petitioned the United States federal government to enforce existing regulations concerning the transportation of hazardous materials generated by the oil and gas industry. On June 4, groups including Truckers Movement for Justice and Earthjustice submitted a letter to the Department of Transportation (DOT), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Federal Motor Carrier Safety Administration (FMCSA). The petition alleges systemic non-compliance by oil and gas companies, leading to significant risks that directly contravene several key Sustainable Development Goals (SDGs).

Violations of Sustainable Development Principles

SDG 3: Good Health and Well-being & SDG 8: Decent Work and Economic Growth

The core of the petition centers on the deliberate misclassification of hazardous waste to circumvent safety protocols and reduce operational costs. This practice critically undermines worker safety and public health.

• Worker Exposure: Truck drivers report being unknowingly exposed to toxic and radioactive substances due to improper cargo classification. This denies them the right to a safe work environment as outlined in SDG 8. Specific hazards include:
  1. Radioactive Materials: Wastewater, or “brine,” from fracking can contain naturally occurring radioactive materials like radium, which are known carcinogens. Analysis suggests some loads exceed the DOT’s threshold for radioactive material by over 2,000 times.
  2. Toxic Chemicals: Drivers have detected hydrogen sulfide (H2S), a highly toxic and flammable gas, in loads not marked as hazardous.
  3. Crystalline Silica: “Frac sand” poses a significant respiratory risk, with inhalation leading to incurable diseases like silicosis.
• Denial of Decent Work Conditions: By avoiding a HAZMAT classification, companies evade responsibilities central to SDG 8, including providing higher hazard pay, specialized training, and appropriate personal protective equipment (PPE). Companies also avoid significantly higher insurance costs required for certified HAZMAT loads.

SDG 11: Sustainable Cities and Communities & SDG 12: Responsible Production

The failure to properly manage and transport industrial byproducts creates direct threats to community safety and demonstrates a pattern of irresponsible production.

• Community Safety Risks: Unmarked trucks carrying hazardous materials often travel through residential areas, a practice that would be prohibited under HAZMAT regulations. This exposes communities to risks from potential spills or accidents.
  • Loose silica sand from improperly secured loads can contaminate public spaces and residential yards.
  • In the event of an accident, first responders lack the necessary information from HAZMAT placards to assess dangers and respond safely, jeopardizing the entire community.
• Irresponsible Waste Management: The alleged practices represent a failure in responsible production and waste management, a key target of SDG 12. Instead of integrating safety and environmental costs into their operations, companies are externalizing these risks onto workers and the public.

A Demand for Justice and Strong Institutions (SDG 16)

Petition for Enforcement of Existing Law

The coalition is not advocating for new legislation but is demanding the enforcement of established federal rules. The letter highlights that while oil and gas waste has certain exemptions under the Resource Conservation and Recovery Act (RCRA), it is not exempt from DOT shipping regulations for hazardous materials.

Strengthening Institutional Accountability

This initiative represents a call to action for government bodies to function as strong, impartial institutions, as envisioned in SDG 16. The core requests are for:

1. Proper Classification: Shippers must accurately classify and mark all hazardous materials.
2. Certified Transport: Companies must ensure that drivers and vehicles are HAZMAT-certified for such loads.
3. Safe Handling: Materials must be packaged and transported according to safety protocols that protect workers, communities, and the environment.

Conclusion and Outlook

The joint petition from truckers and environmentalists underscores a critical gap between regulation and enforcement in the oil and gas sector. The alleged non-compliance directly threatens progress on SDGs related to health (SDG 3), decent work (SDG 8), community safety (SDG 11), responsible production (SDG 12), and institutional justice (SDG 16). The coalition reports that PHMSA has acknowledged receipt of the letter and requested a meeting, signaling a potential for dialogue and regulatory action. The outcome will be a significant indicator of the government’s commitment to upholding safety laws and ensuring that industrial growth does not come at the expense of human health and sustainable development.

SDGs Addressed in the Article

1. SDG 3: Good Health and Well-being
2. SDG 8: Decent Work and Economic Growth
3. SDG 11: Sustainable Cities and Communities
4. SDG 12: Responsible Consumption and Production
5. SDG 16: Peace, Justice and Strong Institutions

Specific SDG Targets Identified

SDG 3: Good Health and Well-being

• Target 3.9: By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water and soil pollution and contamination.

  The article directly addresses this target by highlighting the health risks faced by truck drivers and communities due to exposure to hazardous materials from the oil and gas industry. It mentions exposure to toxic substances like crystalline silica, which can cause silicosis and black lung, and radioactive materials in brine (produced water) like radium, which are “bone seekers” and can cause cancer. The article notes that drivers experience “extreme nausea and other physical symptoms of exposure” and that communities are exposed to silica dust that can be carried by the wind into residential areas.

SDG 8: Decent Work and Economic Growth

• Target 8.8: Protect labour rights and promote safe and secure working environments for all workers…and those in precarious employment.

  This target is central to the article’s theme. It describes how oil and gas companies are allegedly “misclassifying toxic material to make it seem safer than it is, exposing the truckers to toxic, potentially life-threatening substances without proper protections.” Drivers are not provided with proper equipment, are not always HAZMAT certified for the loads they carry, and are not given hazard pay. The article quotes a driver saying companies know the material is hazardous but choose “cheaper labor” over worker safety, directly pointing to a failure to provide a safe working environment.

SDG 11: Sustainable Cities and Communities

• Target 11.6: By 2030, reduce the adverse per capita environmental impact of cities, including by paying special attention to air quality and municipal and other waste management.

  The article connects the issue to community safety and environmental quality. It states that “silica sand-laden trucks often drive through West Texas towns like Midland and Odessa” and that improperly secured loads can “leave loose silica sand all over the highway.” This toxic dust can then be blown into residential yards and playgrounds. Furthermore, the article explains that if regulations were enforced, trucks with HAZMAT material would be required to “avoid residential areas entirely to avoid potential negative impacts,” which is not happening due to misclassification.

SDG 12: Responsible Consumption and Production

• Target 12.4: By 2020, achieve the environmentally sound management of chemicals and all wastes throughout their life cycle…and significantly reduce their release to air, water and soil in order to minimize their adverse impacts on human health and the environment.

  The core issue discussed is the mismanagement of hazardous waste from the oil and gas industry. The article details how companies fail to properly classify, mark, and transport toxic byproducts. It mentions that “oil and gas companies are misclassifying toxic material” and that waste marked flammable or radioactive is loaded onto “regular, unmarked trucks.” This practice is a direct failure in the “environmentally sound management of chemicals and all wastes throughout their life cycle.”

SDG 16: Peace, Justice and Strong Institutions

• Target 16.6: Develop effective, accountable and transparent institutions at all levels.

  The article is framed around a call for institutional accountability. A coalition of workers and environmentalists sent a letter to federal agencies (Department of Transportation, PHMSA, FMCSA) with a “simple request: that regulations around the transportation of hazardous materials be enforced.” This implies a failure of these institutions to be effective and accountable. The article mentions an “actively inadequate regulatory enforcement” and quotes a driver who says, “The feds and the industry, their eyes are closed,” pointing to a lack of institutional oversight and enforcement of existing laws.

Indicators for Measuring Progress

Indicators for Target 3.9

• Levels of radioactive material in waste: The article explicitly mentions that some truckloads “can be more than 2,000 times the threshold for radioactive material under Department of Transportation regulations.” This provides a quantifiable measure of the hazard.
• Presence of hazardous chemicals: The article notes that drivers’ H2S (hydrogen sulfide) monitors go off and that they can smell the chemical, described as “raw rotten eggs.” This serves as a direct indicator of exposure.
• Incidence of work-related illness: The article implies this indicator by mentioning drivers experiencing “extreme nausea and other physical symptoms” and the long-term risks of silicosis, black lung, and cancer from exposure to silica and radium. Tracking these illnesses among drivers would be a key indicator.

Indicators for Target 8.8

• Compliance with HAZMAT marking and certification: An implied indicator is the number or percentage of trucks carrying oil and gas waste that are properly marked as hazardous and driven by HAZMAT-certified drivers. The article states this is not happening.
• Insurance coverage rates: The article mentions the specific difference in insurance required for HAZMAT loads (“$1 million for most flammable or corrosive substances, and $5 million for more dangerous materials”). The number of loads insured at the lower, non-HAZMAT rate despite containing hazardous materials is a measurable indicator of misclassification.
• Worker complaints and reports: The letter sent by the coalition and the anonymous testimony of drivers are themselves indicators of unsafe conditions.

Indicators for Target 11.6

• Air quality monitoring in communities: The article mentions that “some studies have found elevated air pollution near fracking operations” and discusses silica dust blowing into towns. An indicator would be the measured levels of particulate matter (like silica) in the air in towns along transport routes.
• Number of hazardous material spills in residential areas: The article notes that without proper marking, “first responders lack crucial information to analyze the hazards when spills or accidents do happen.” Tracking the number and nature of these incidents would be an indicator.

Indicators for Target 12.4

• Waste characterization data: The article mentions that Earthjustice analyzed “data from the Pennsylvania Department of Environmental Protection, to which operators must submit reports characterizing their waste.” This official data is a direct indicator used to measure the actual toxicity of the waste versus how it is classified for transport.
• Number of enforcement actions: An implied indicator of progress would be the number of enforcement actions, fines, or penalties issued by PHMSA and FMCSA against companies for violating hazardous material transportation regulations.

Indicators for Target 16.6

• Institutional responsiveness: The article provides an indicator of initial responsiveness by noting that “the Department of Transportation’s community liaison for PHMSA’s Southwest office had reached out and asked to schedule a meeting upon receiving the letter.”
• Number of inspections and regulatory enforcement: The central request of the coalition is for enforcement. A key indicator of institutional effectiveness would be the number of inspections conducted on trucks carrying oil and gas waste and the subsequent enforcement of existing regulations.

SDGs, Targets, and Indicators Analysis

Source: inthesetimes.com