A Toxic Spew?

The chemical that was allegedly on Marshall when he arrived at the Mercy Regional Medical Center, was ZetaFlow, a chemical made by Weatherford. In a copy of its Material Safety Data Sheet—which details ingredients, health warnings, fire hazards and more—ZetaFlow contains methanol and two undisclosed "proprietary" compounds. The document also warned that ZetaFlow can be an "immediate" and "chronic" health hazard. Prolonged exposure can cause kidney and liver damage, irritate lung tissue, decrease blood pressure, and result in dizziness and vomiting—all symptoms Behr experienced according to her medical records. Her physician wrote that her symptoms were "entirely consistent with exposure [to ZetaFlow] from all the information we were able to gather." As for ZetaFlow's impact on the environment, according to its data sheet, "no product information is available."

Marshall, a 31-year-old Aztec, N.M., resident, spoke with the Durango Herald last month and says he doubts that ZetaFlow sickened Behr. "I'm not saying that nothing did happen to her," he told the newspaper. "I'm just saying ... I didn't have any of it on me. I did not take any chemical into that hospital." The Durango Fire and Rescue Authority did however confirm that they were called to aerate the ER. NEWSWEEK was unable to reach Marshall for comment.

Weatherford spokesperson Christine McGee says the company has had no issues with ZetaFlow in its three years of use. "It's very unfortunate [Cathy Behr] was ill," McGee says. "But I think at this point I can't make a statement about the link to her being ill. I don't think anybody is sure right now."

What is clear is that 130 gallons of concentrated Zetaflow was released, says BP, which operates the well where the spill occurred. The international oil and gas giant has used Zetaflow at other drill sites, but NEWSWEEK has learned that the company is suspending its use. BP spokesman Daren Beaudo says it's trying "better understand this product." He added: "We leave it to [Weatherford] to adhere to the regulatory standards." Also, this month La Plata County commissioners, home to Durango, are considering a new regulation that would require oil and gas companies to reveal fracking fluid chemicals to emergency-room workers if someone is exposed. "It's a public-health issue for us. We don't know what the chemicals are and what can happen," says Wally White, county commissioner for La Plata County. A similar rule requiring companies to keep an inventory of chemicals at well sites was endorsed by the COGCC this week. A final vote is expected in September.

How often workers and communities are exposed to fracturing fluids, and the chemicals in them, is unknown. One study by Lachelt's OGAP reported Colorado had about 1,500 reported spills of various types, including fracturing fluids, in five years. Nearly 800 spills were identified in New Mexico. But, as the Behr case demonstrates, some fracturing fluid spills and worker contamination may be falling through regulatory cracks. While numerous government guidelines require contaminate spills and worker injuries be reported, NEWSWEEK has learned that not a single incident report was filed with any government agency by Weatherford or BP documenting the April 17 spill, nor may either company have been required to do so. The federal Occupational Safety and Health Administration, the Environmental Protection Agency and the state's COGCC all tell NEWSWEEK that the incident falls outside their regulatory jurisdiction, or was not significant enough to trigger reporting requirements. Moreover, Marshall was contaminated on a well site located on the Southern Ute Indian Reservation, putting federal, state and local oversight further out of reach. (The Southern Ute authorities say they were never notified of the spill either.) The Colorado offices of the EPA and OSHA did launch investigations this month.

For state health officials, the chemical exemptions, regulatory loopholes and missing data are a concerning mix. "We are just working in the dark," says Dr. Martha Rudolph, director of environmental programs for the Colorado Department of Public Health and Environment. "We don't know the impact on the potential health on humans might be. We need to." La Plata Commissioner White is more succinct: "I think this is a travesty," he says. "Somebody has dropped the ball."

Meanwhile, Behr returned to work at Mercy Hospital only last month. State and federal regulators, hospital officials and Behr have yet to learn what chemicals made her so ill. She says she worries about the long-term effects of her exposure, but harbors no ill-feelings toward the industry, noting the jobs and economic benefit it has brought to her area. "I always thought that the industry probably took chances," she says. "But I always thought someone was watching them. I really did think that."

© 2008