EC September 2010

ec@lists.wvsierraclub.org

6 participants
15 discussions

Fw: [WVFirstCongressionalOFA] WV Water Conference
by Jim Sconyers 30 Sep '10

30 Sep '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Denise Binion <dbinion(a)gmail.com> To: WVFirstCongressionalOFA <WVFirstCongressionalOFA(a)groups.barackobama.com> Sent: Thu, September 30, 2010 10:48:16 AM Subject: [WVFirstCongressionalOFA] WV Water Conference http://www.wvwaterconference.org/agenda.cfm ------------------------------------------------------------------------- This email was sent to 17 members of WVFirstCongressionalOFA This email was sent from Denise Binion dbinion(a)gmail.com Listserv email address: WVFirstCongressionalOFA(a)groups.barackobama.com Your reply will be sent to: WVFirstCongressionalOFA(a)groups.barackobama.com Unsubscribe or change your email settings: http://my.barackobama.com/page/group/WVFirstCongressionalOFA/listserv-unsub -------------------------------------------------------------------------

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Both WV Senators say coal ash is okay
by Frank Young 24 Sep '10

24 Sep '10

This would be funny, were these guys (Rockeekller & Goodwin) not so serious about it. The paragraph about recycling coal ash into home building materials and other consumer products reflects an incredible mindset of pandering to King Coal. -------------------------------------------------------------------------------- From: Vernon Haltom <vernoncrmw(a)gmail.com> To: "FOM, List" <fom(a)lists.riseup.net>; "MJSlist, MJSlist" <mountainjusticesummer(a)lists.riseup.net>; Justice <Justice(a)lists.citizenscoalcouncil.org>; Alliance for Appalachia <the-alliance-for-appalachia(a)googlegroups.com> Sent: Fri, September 24, 2010 11:43:54 AM Subject: [Justice] Fwd: Rockefeller says coal ash is okay What Rockefeller sent below. Here's my response: You are completely wrong in asking the EPA to regulate coal ash as non-hazardous waste. It is hazardous waste and presents a clear and present danger to citizens of West Virginia, and should be regulated as hazardous waste under Subtitle C. It becomes more and more clear that you work for the likes of Don Blankenship and other coal barons, with no regard for the citizens whom you were elected to represent. Shame on you. _________________ ------------ Forwarded message ------------ From: senator(a)rockefeller.senate.gov Date: Sep 24, 2010 Subject: Letter from Senator Jay Rockefeller To: clrank(a)hughes.net Dear Cindy, Thank you for contacting me regarding ash and other types of coal combustion waste (CCW). I always enjoy hearing from a fellow West Virginian, and I welcome the opportunity to be in touch on this important issue. In 2008 the American Coal Ash Association estimated that coal fired power plants generated upwards of 136 million tons of CCW, making it the second largest source of waste in the United States, behind only household garbage. On December 22, 2008, a breach occurred at a coal waste impoundment pond located at the Tennessee Valley Authority's Kingston plant, releasing 1.1 billion gallons of coal ash into the surrounding community. The discharge ended up covering more than 300 acres of homes and property resulting in significant damage. This tragedy has raised serious questions about the health and safety impacts of coal storage to the surrounding communities. Waste management is regulated under provisions of the Resource Conservation and Recovery Act (RCRA) of 1976. Subtitle C of RCRA created a hazardous waste management program that required the Environmental Protection Agency (EPA) to develop criteria for identifying the characteristics of hazardous waste and to develop waste management criteria applicable to such waste. Subtitle D established state and local governments as the primary planning, regulating, and implementing entities for the management of non-hazardous solid waste. In 1980, in response to proposed amendments to RCRA, the EPA excluded the regulation of fossil fuel combustion waste, such as CCW, from its final hazardous waste regulations, deferring that responsibility to state and local governments. In May 2000, the EPA reaffirmed that CCW did not warrant regulation under federal hazardous waste requirements but rather that national regulations for solid waste management requirements should be implemented for CCW when disposed in landfills or surface impoundments. In the wake of the Kingston disaster, the EPA announced its intent to move forward with new CCW regulations addressing the management of coal combustion residuals and surface impoundments in 2010. In May 2010, the EPA released a study outlining national rules to ensure the safe disposal of coal ash from coal-fired power plants. The agency proposal would allow state and federal officials to enforce coal ash, phase out the use of new surface impoundments, and promote legal action should citizens be exposed to the contents of coal impoundments. The proposal would also require companies to place liners beneath all coal ash impoundments to reduce the risk of soil and ground water contamination. On June 21, 2010, the EPA proposed two regulatory rule options applicable to the management of CCW. Under the first option, EPA would draw on its existing authority to identify a waste as hazardous and regulate it under the hazardous waste management standards established under Subtitle C of the RCRA. The second option would establish criteria applicable to landfills and surface impoundments accepting CCW under RCRA's Subtitle D solid waste management requirements. Under Subtitle D, the EPA does not have the authority to enforce its proposed requirements and, instead, would rely solely on states or citizen suits to enforce the standards. On July 29, 2010, I sent a letter to the EPA regarding the agency's efforts to establish national criteria to improve the protection of public health and the environment under RCRA. I have included a copy of that letter for your review. I believe that the best approach for doing this is under Subtitle D and that the EPA should work closely with state regulators in addressing the enforcement of new regulations. The EPA should work with the states and seek coal ash disposal practices under RCRA's Subtitle D that address structural stability of impoundments, protects public health, and promotes the recycling and beneficial reuse of coal ash. I will continue to carefully monitor this issue as the EPA moves forward in its rule-making process and will continue to support efforts designed both improve the safety of coal ash impoundments and protect West Virginia jobs. As always, I wish you the best. With Warm Regards, Jay Rockefeller

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Fwd: TransGas CTL plant update --Order on summary judgment
by James Kotcon 23 Sep '10

23 Sep '10

This is mostly good news (could have been a lot worse). Who could come to Charleston on Oct. 27 or 28? JBK >>> Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> 9/23/2010 6:24 PM >>> Hi all, I received the Order from the Air Quality Board today denying all motions for summary judgment -- meaning that we will move forward to a hearing on all the issues that we decided to pursue. It looks like the Board is particularly intrigued by our argument that DAQ failed to include potential air emissions from wastewater treatment: "the Board considers Appellants' arguments on segmentation to be valid and considers this an area where more evidence is needed prior to making a summary decision." One unfortunate part of the Order is that the Board adopted TransGas's language in describing the issues remaining, which unfairly narrows or mischaracterizes some of them (e.g., our argument about storage tanks). We will get this clarified before the hearing. The hearing is October 27-28 in Charleston. I don't think a big rally or anything is necessary, but it would be great to have some citizens there to show support and public interest, and I encourage the Chapter to think about a media plan. -Elena Elena Saxonhouse Staff Attorney Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (fax)

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Fwd: Stories on New Hill Mine permit appeal
by James Kotcon 23 Sep '10

23 Sep '10

A couple news items lately on the appeal, and a story on our fight against gas drilling in state parks. I also had an interview with the local television station, which ran Tuesday night and Wednesday morning (at least) but I did not see either of them. Jim Kotcon ********* Permit for New Hill mine delayed: Sierra Club files appeal with DEP BY DAVID BEARD The Dominion Post Although Patriot Mining Co.'s permit application to expand its New Hill surface mine, near Cassville, has reached its last milestone, the story isn't over. Sierra Club has filed with the state Environmental Quality Board to appeal the mine's water discharge permit - the National Pollutant Discharge Elimination System (NPDES) permit. And the surface mine permit itself has not been issued yet, a Department of Environmental Protection (DEP) official said. The surface mining application seeks to expand the New Hill mine by 225 acres. The state DEP milestone chart for the application shows that all the milestones have been achieved and the permit was printed Sept. 2. But DEP spokeswoman Kathy Cosco said the agency wants some additional information and Patriot cannot disturb the land covered by the permit. Sierra Club West Virginia Chapter spokesman Jim Kotcon said the NPDES permit lacks limits for potential pollutants - heavy metals and other toxins contained in mine runoff and fly ash. The appeal seeks to have the permit rescinded or modified to include limits. Patriot applies fly ash - a coal combustion byproduct trucked in from the Morgantown Energy Associates power plant - to mined areas to prevent acid mine drainage. Sierra Club said fly ash contains potential pollutants - arsenic, lead, mercury, selenium and others - that could leach into a tributary of Scotts Run, Scotts Run itself and then into the Monongahela River. New information from the U.S. Environmental Protect Agency indicates fly ash may be more dangerous than originally believed, he said, but the DEP did not include toxin limits in the permit. "West Virginia DEP is still using outdated testing procedures to evaluate the toxicity of coal ash," Kotcon said in a release. The club wants the Environmental Quality Board - a division of the DEP - to require the DEP to comply with NPDES permitting requirements and set limits for pollutants. The DEP previously said it has adequate data for its decisions, the EPA had no issues with the surface mining permit, and Patriot will be required to perform regular testing of surface and groundwater locations. An evidentiary hearing is set for Nov. 18. Board spokeswoman Jackie Shultz said the appeal process could take months, depending on a number of variables. Patriot's attorney in the appeal said he was just familiarizing himself with the case and couldn't comment on it. Patriot did not respond to requests for comment. THE STATE JOURNAL Thursday 23 September 2010: Sierra Club Files Appeal with DEP Over Proposed Cassville Surface Mine Posted Tuesday, September 21, 2010 ; 11:06 PM Updated Wednesday, September 22, 2010; 07:23 AM The Sierra Club says its concerned about water quality issues for the New Hill West mine. By Mike Krafcik MORGANTOWN -- The Sierra Club has filed an appeal to challenge the West Virginia Department of Environmental Protection's water permit for the New Hill West mine in Cassville. The notice was filed with the West Virginia Environmental Quality Control Board. The permit was issued to the Patriot Mining Company for the 225-acre strip mine. The Sierra Club said the permit does not adequately control the water pollution that comes from this site. Patriot Mining officials have indicated they would intend dump 1,000-10,000 tons of coal combustion waste per acre of mined area. The club said the DEP standards fail to include any limits for toxic heavy metals that come from fly-ash and coal combustion bi-products. The Sierra Club said the DEP is using out-dated testing procedures that will undermine the risks to ground water and streams from the ash disposal at mine sites. "The DEP needs to have a pollution prevention plan in this permit that assures that any discharges from the mine will meet any water quality standards, they have not done that," said Jim Kotcon, of the Sierra Club West Virginia. The Sierra Club's appeal will be heard as part of a evidentiary hearing before the Environmental Quality Board scheduled for November. Charleston Gazette Thursday 23 September 2010: September 22, 2010 Court urged to block state park drilling By Ken Ward Jr. The Charleston Gazette CHARLESTON, W.Va. -- West Virginia regulators and state environmental groups on Wednesday urged the state Supreme Court to uphold a Department of Environmental Protection decision to block new oil and gas drilling at Chief Logan State Park. The Sierra Club, the West Virginia Highlands Conservancy and Friends of Blackwater joined the DEP and the state Division of Natural Resources in asking justices to overturn a lower court ruling to allow the drilling by Cabot Oil and Gas joined DEP lawyers. In December 2007, then-DEP Secretary Stephanie Timmermeyer rejected Cabot's permit requests, citing a section of state park law that prohibits mineral extraction. Logan Circuit Judge Roger Perry overturned the DEP decision and the Manchin administration appealed. "We believe that we're not allowed to allow drilling on state park surface," DEP lawyer Kristen Boggs told justices during an argument Wednesday. Justice Menis Ketchum repeatedly asked lawyers on all sides if the DEP permit denial amounted to a "taking" of private property that would require the state to compensate Cabot and the Lawson Heirs, a family company that owned the park land 50 years ago and much more recently leased the gas reserves to Cabot. Cabot lawyer Timothy Miller and Lawson Heirs attorney Larry George agreed, as did Perry in the lower court ruling. DNR lawyer Tom Smith told justices the underlying issues in the case are important and could involve drilling and mining in parks across the state. "You can smell the money in this case," Smith said. But Smith said the case before the court is really much more narrow, and involves only the question of whether the DEP can invoke a section of parks law -- which technically involves DNR -- in rejecting a drilling permit. And Tom Rodd, a lawyer for citizen groups that intervened in the case, said that any issue involving whether the drilling ban is a "taking" must be resolved in a separate suit brought by Cabot or the Lawson Heirs, not in an appeal of DEP's permit denial decision. Reach Ken Ward Jr. at kw...(a)wvgazette.com or 304-348-1702.

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Fw: NASA Gives Kids Their Own Guide to Climate Change
by Jim Sconyers 22 Sep '10

22 Sep '10

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: "Leon, Nancy J (1722)" <nancy.j.leon(a)jpl.nasa.gov> To: "jim_scon(a)yahoo.com" <jim_scon(a)yahoo.com>; "celliot2(a)comcast.net" <celliot2(a)comcast.net> Cc: "pjgrunt(a)gmail.com" <pjgrunt(a)gmail.com> Sent: Wed, September 22, 2010 1:52:30 PM Subject: NASA Gives Kids Their Own Guide to Climate Change Jim It was a pleasure to talk to you today. As we discussed, we have developed a new site which explores the timely topic of climate change -- but targeting upper elementary school age kids. We are hoping that this site can be a resource to your members who are parents and teachers. I am attaching a short announcement about the new site. I am hoping that you can include the announcement about the site in your organization's newsletter, and perhaps put in a link to our site from yours. We also have a little logo for the site in case you want it for the graphic link. (Attached) Thanks very much, Nancy Leon Manager, NASA Kids Climate Change Program ____________________________ NASA Gives Kids Their Own Guide to Climate Change A blinking red-eyed tree frog and flitting butterfly greet visitors to the new NASA Climate Kids website. Targeting grades 4 6, this kid-friendly guide de-mystifies one of the most important science issues of our time. The site answers the ³Big Questions² about global climate change using simple illustrations, humor, interactivity, and age-appropriate language. For example, one interactive feature is the Climate Time Machine, which reveals how global changes have affected or will affect our planet over time. ³Climate Tales² has animal cartoon characters coping< more or less good humoredly<with the effects humans are having on their habitats. A collection of Earth-science-related games offers such experiences as ³Wild Weather Adventure² and ³Missions to Planet Earth.² A Green Careers section profiles real people doing jobs that help slow climate change. Visit Climate Kids at climate.nasa.gov/kids.

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Fw: PATH substation victory
by Jim Sconyers 16 Sep '10

16 Sep '10

Small victory on PATH! Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Elena Saxonhouse <Elena.Saxonhouse(a)sierraclub.org> To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Sent: Thu, September 16, 2010 4:11:11 PM Subject: PATH substation victory I'm happy to report that the Frederick County Planning Commission found last night by a 6-0 vote that the substation proposed as the terminus for PATH t is inconsistent with the County's Comprehensive Development Plan (basically the County's constitution for local land use). The local groups turned out about 100 people, many of whom who presented individual testimony, along with CAKES, Sugarloaf Conservancy, and Sierra Club presenting as groups. This is a significant setback for PATH, even though there is a question as to whether the County will have ultimate authority over the substation. As many of you know, the MD Public Service Commission has taken the position that if the PSC approves the line and determines the substation is "integral" to the line, the PSC's decision will trump that of the county's. If the PSC approves the line, this issue will likely be decided in state court. I'm attaching Sierra Club's comments to the Planning Commission here for reference (without exhibits), which Alana Wase presented for us last night. There are several other land use hearings coming up in Frederick County, which we also are optimistic about. PATH has the opportunity to appeal the Planning Commission's decision to the Board of County Commissioners, but local folks tell me they are likely to uphold the decision. Thanks to everyone who worked for this great result! Elena Saxonhouse Staff Attorney Sierra Club Environmental Law Program 85 Second St., 2nd Floor San Francisco, CA 94105 (415) 977-5765 (415) 977-5793 (fax)- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-ELP-TRANS-LINES-FORUM list, send any message to: CONS-ELP-TRANS-LINES-FORUM-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/

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Stream flow criteria from CT
by James Kotcon 14 Sep '10

14 Sep '10

The link below presents the approach being used in Connecticut for limiting water withdrawals from streams. In essence, it establishes a "Q99" which is the flow that occurs on 99 % of the days (flow does not drop below this level more than one per 100 days). The rules then establish designated use categories (Class I-IV, with Class I being natural streams, and Class IV being "working rivers" that are most heavily used and impacted.) Withdrawals on Class I streams may not exceed 5 % of the Q99 flow, while withdrawals on "Working rivers" (Class IV) may not exceed 50 % of the Q 99 flow. Whaddya Tink? JBK >>> Martin Mador <mador(a)sbcglobal.net> 9/12/2010 5:00 PM >>> Jim here is the link to the state DEP website. It contains everything relevant from DEP. http://ct.gov/dep/cwp/view.asp?a=2719&q=434018&depNav_GID=1654 The October 13 regs were the agency's proposal after 5 years of study. THen came the hearing and submission of 400 statements, 3/4 of which were generated by us DEP revised the regs in August, making them far weaker, in a strategic move to get them past the Regulations Review Committee of the legislature It will be very difficult for us to get these thru, weak as they are -the water companies hate them. What we really need is comprehensive state-wide planning. These regs are a start, but may actually prevent us from going further. TNC has been a great partner here-they provided the technical expertise. I suggest contacting them. Marty James Kotcon wrote: Could you send me any info or links on the minimum stream flow regs & statute you mention below. The West Virginia Chapter is interested in pursuing something similar.Jim Kotcon304-293-8822 (office), 304-594-3322 (home) --------------------------- cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- >>> Martin Mador <mador(a)sbcglobal.net> ( mailto:mador@sbcglobal.net ) 8/23/2010 4:07 PM >>> 5 years after the legislation passed, the state DEP has finished new streamflow regulations to require minimum flows to maintain river ecology. Due to an amendment to the state constitution, they now go to a committee of the legislature for acceptance. (This would violate separation of powers elsewhere). Second in line behind the water companies to protest even the idea of these regs are the golf courses. So yeah, let's turn them all into (conservation, low impact, cluster) subdivisions. Marty Mador Paula Carrell wrote: --------------------------- cc:Mail Users----------------------------- ** Remember to DELETE the 'Sender: ...' lines above before REPLYing ** ---------------------------------------------------------------------- just in case anyone is proposing new golf course in your vicinity . . . from the Associated Press ----- Forwarded by Paula Carrell/Sierraclub on 08/23/2010 10:58 AM ----- From: "Neill Herring" <neillherring(a)earthlink.net> ( mailto:neillherring@earthlink.net ) Date: 08/22/2010 06:31 AM Subject: AP: golf clubs failing all over US http://news.yahoo.com/s/ap/20100821/ap_on_sp_ot/us_closing_country_clubs Sunday, Aug 22, 2010 Posted on Sat, Aug. 21, 2010 US golf clubs in the rough as members drop away By JIM FITZGERALD A few weeds have popped up on the fairways, and summer's heat has scorched the grass here and there, but the golf course at the Hampshire Country Club is still tidy and scenic, its little waterfall still burbling through the rocks. Not that there's anyone around to notice. The Hampshire's 18-hole course on Long Island Sound, along with its tennis courts, pool and restaurant, is closed this year. Members cited rising costs upwards of $25,000 a year for a membership as the roster fell from several hundred at its peak to about 100. "There was a lot of talk last year about the increasing costs, people not sure what they could pay, the assessments always going up," said Barbara Mines, a member for 15 years who lives in a house on the Hampshire course. "I wasn't really surprised when it closed." The same thing has happened in recent years at hundreds of other courses nationwide - even in the golf meccas of Florida, Arizona and California - as the economic meltdown and changes in family dynamics combine to threaten club life. Whether it's a $45,000 initiation fee for a private club or a $5 increase in the cost of a round at a public course, the price of a golf habit is giving some duffers pause. "It's definitely connected to the economic conditions and the ability of potential private club members to pay the fairly significant initiation fees and annual dues," said Jay Mottola, executive director of the Metropolitan Golf Association, representing 120,000 golfers and 500 golf courses in the New York region. In 2009, about 140 of the 16,000 golf facilities in the country closed and 50 opened, said Greg Nathan, a vice president at the National Golf Foundation, which represents 4,000 courses nationwide. Mottola said that the industry has lost 100 clubs a year for the past four years. (The figures count nine-hole courses as half a facility.) Many members who "have had their individual problems with the recession" quit the clubs for financial reasons, Mottola said. Initiation fees for MGA clubs averaged just under $50,000 last year; annual dues were about $10,500. Mottola said while the fees were "trending downward" they remained the highest in the country. The changing lifestyles of family golfers are also at play. "It used to be that the man of the house could just say 'bye, honey,' and go to the club all day Saturday and Sunday," Nathan said. "That dynamic has really changed over the last three or four decades." Some clubs are trying to become more family friendly as a result, allowing adults to bring their kids in while they tee off and opening computer lounges for busy professionals. "You can check your stocks and e-mails before you tee off," said Donald DeMasters, manager of the revamped Brynwood club in suburban Armonk. In areas of the country where golf is played year-round, many courses were built to raise the prices of new houses around them, said Roger Garrett, a Phoenix real estate agent who has sold more than 150 golf courses nationwide. Now, with the housing market depressed, a dozen or more golf properties in Arizona are in foreclosure or bankruptcy proceedings, he said. The family owned Sea Island Co. - with a stretch of private beaches and ancient oaks in coastal southern Georgia - has also filed for federal bankruptcy protection, proposing to sell its resorts and golf courses, where presidents Coolidge, Eisenhower and George W. Bush have been guests. A dwindling in the ranks of golfers followed an oversupply of golf courses and then the great recession hit. Since 2005, when it peaked at 30 million, Nathan said there's been "a slow leak" in the number of U.S. golfers, dropping to 27.1 million in 2009 (including anyone over age 6 who played a round). Rounds played were down 2.7 percent in the first half of this year, Nathan said. A building boom in the 1990s and early 2000s brought an oversupply of both public and private courses. Mottola said courses owned by municipalities are "by and large doing OK." The town of Woodbridge, Conn., bought the Woodbridge Country Club last year for $7 million to keep it from being developed. "We did not want to lose that green space," said First Selectman Ed Sheehy. "...the nice thing is, it's green space with an income stream" - $950,000 the first year, with golfers paying only $3,500 for a full membership. The recession has also taken a toll on public courses. The Links at Shirley, in Shirley, N.Y., which had advertised itself as "a public course with a private feel" has closed. Clubs still need to do more, said golfer Greg Schimoler of Mamaroneck, teeing off at the public Saxon Woods course in Scarsdale. "The social life kids have today is not the country club lifestyle," Schimoler said. Clubs are looking at several strategies to lure people back. At the private Superstition Mountain Golf & Country Club in Gold Canyon, Ariz., opens one of its two 18-hole courses to the public each day, said general manager Gene Blum. In addition, the initiation fee was slashed from $100,000 to $15,000 as the club went through bankruptcy proceedings. "It was maybe that or lock the doors," he said. Some private clubs have been able to stay open by selling to investors. The struggling Canyon Club in Armonk was sold last year, renamed Brynwood and turned over to Troon Golf, which manages 200 golf courses. DeMasters, the general manager, said the club now has kids' activities, a fitness center and a computer lounge to make it family friendly and "one-stop shopping." The changes tripled membership from about 100 before the sale to 331, he said. The Muttontown Club in East Norwich temporarily dropped its initiation fees - once as high as $60,000 - and welcomed members from a nearby club that closed, said president Mitchell Mandel. "When things were booming, you add $500 or $1,000 to the dues and it wasn't even an issue," he said. "But in the last three years or so, not only can't you raise dues but people were looking for a reduction." - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-FRED list, send any message to: CONS-FRED-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/

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Fwd: Liveblog, Twitter, Dallas Coal Ash Hearing
by James Kotcon 14 Sep '10

14 Sep '10

Here is what the Sierra Club in Texas is doing for their coal ash hearings. Why not WV? JBK >>> Oliver Bernstein <oliver.bernstein(a)SIERRACLUB.ORG> 9/8/2010 9:06 AM >>> FYI ---------- Forwarded message ---------- From: de la Fuente, Flavia <flavia.delafuente(a)sierraclub.org> Date: Tue, Sep 7, 2010 at 8:00 PM Subject: Liveblog, Twitter, Dallas Coal Ash Hearing To: #Coal <#Coal(a)sierraclub.org> Hello all, We will be liveblogging the Dallas coal ash hearing at www.texasgreenreport.com and tweeting from @TexasSierraClub on Twitter. Comment, re-tweet, enjoy it from afar... best, -- Flavia de la Fuente The Sierra Club, Organizing Apprentice flavia.delafuente(a)sierraclub.org (949) 910 6362 @Flavia_Isabel - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-CAMPAIGN-ALERTS list, send any message to: COAL-CAMPAIGN-ALERTS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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WSJ: Turning Away from Coal
by Frank Young 13 Sep '10

13 Sep '10

http://online.wsj.com/article/SB10001424052748703579804575441683910246338.h… Turning Away From Coal Utilities are increasingly looking to natural gas to generate electricity SEPTEMBER 13, 2010 By REBECCA SMITH Power companies are increasingly switching to natural gas to fuel their electricity plants, driven by low prices and forecasts of vast supplies for years to come. Agence France-Presse/Getty Images While the trend started in the late 1990s, the momentum is accelerating and comes at the expense of coal. Some utilities are closing coal-fired plants; others are converting them to run on gas. The switch is occurring globally and is getting a push from regulators who want to limit emissions that contribute to climate change, haze and health problems such as respiratory illness. Though efforts in Congress to pass legislation attaching a price to carbon emissions appear stalled for now, utilities still anticipate eventual carbon restrictions. The Tennessee Valley Authority, for example, recently announced a 20-year development plan that emphasizes nuclear and gas, and includes fewer coal units. 'Migration' Occurring "It's pretty clear that, whether it's caused by future carbon legislation or action by the EPA, the migration away from coal has begun," says Constellation Energy Group Chief Executive Mayo Shattuck. Coal-burning facilities are expected to slip to 10% of total new capacity in the U.S. in 2013, down from 18% in 2009, the U.S. Energy Information Administration reports. Gas, meanwhile, is expected to soar to 82% of new capacity in 2013 from 42% last year. Natural gas also has the edge in Europe. In 2009, far more gas- than coal-burning plants were built in the European Union—24% of new capacity versus 8.7%. Journal Reports Read the complete Energy report . In China and India, though, no such shift is occurring—yet. Both nations rely on coal—an abundant local resource—for most of their power and lack the sort of integrated gas-pipeline networks that make switching to gas possible in the U.S. China's government has pledged to roughly double the percentage of electricity the country gets from non-fossil sources, to 15% from 8%, by 2020. But much of that new energy will come from hydropower. India, meanwhile, has agreed to cut its carbon emissions 20% from 2005 levels by 2020. But the country doesn't have enough domestic gas to support a large-scale shift to that fuel, although government agencies are considering increasing imports of liquefied natural gas to take advantage of a growing global glut. The falling price of natural gas in the U.S., to about $4 per one million British thermal units, has helped gas capture an ever-increasing share of power generation. Hardly a week goes by without a company announcing changes that push coal to the sidelines, usually in favor of natural gas, renewables or nuclear plants. Small Won't Survive Most big coal-burning utilities have invested billions of dollars to install pollution-control equipment on their largest coal-fired plants. But they are replacing or idling smaller coal plants for which such expenditures can't be justified. In August, Xcel Energy Inc., based in Minneapolis, notified regulators it wants to close a coal-burning plant in Boulder, Colo., and convert four units at its Cherokee plant in Denver to burn natural gas instead of coal. Xcel says the changes would cost the company $1.3 billion but still would be $225 million cheaper than installing pollution-control equipment on the aging coal units. The program should help satisfy Colorado state goals to reduce releases of nitrogen oxides, carbon dioxide, sulfur dioxide and mercury. The state is reviewing Xcel's plan, which the utility says could raise customer bills an average of 1% annually for several years. Calpine Corp., Houston, says it will convert to gas some of the coal-fired plants in Delaware and New Jersey that it is buying from Pepco Holdings Inc., in a $1.65 billion deal. The units are older plants that are in need of upgrades. Calpine says it can change the burners for less than it would cost to add pollution-control equipment like scrubbers. Progress Energy Inc. of Raleigh, N.C., intends to close four coal-burning plants and replace two of them with gas-fired plants by 2017. The company says it's cheaper to build gas-fired plants than it is to outfit the coal units with the necessary pollution-control equipment. Other utilities are backing away from coal projects because the recession is giving them more breathing room to figure out other ways to meet future energy needs. For example, CMS Energy Corp., Jackson, Mich., had planned to seek regulatory approval in August to build an 830-megawatt "clean coal" power plant in Bay City, Mich. But it has indefinitely deferred the project, citing slack electricity demand and a forecast for continued low natural-gas prices. As a result, the company says, it's cheaper to buy electricity from others than to build a $2 billion coal plant. "We're going to monitor the gas market," says CMS spokesman Jeff Holyfield. "But for now, it doesn't make sense." Questions of Cost Not everyone is willing to give up on coal, of course. Many big coal-burning utilities are trying to find ways to use coal more cleanly. But even they have suffered setbacks. American Electric Power Co. failed in its bid, in July, to get Virginia customers to pay $54 million of the cost of creating an experimental carbon-capture-and-storage system at its Mountaineer coal-fired plant in West Virginia. The plant is owned by AEP's utilities in Virginia and West Virginia. But the Virginia utility commission said it wasn't fair to levy so much of the expense on Virginians when AEP customers in many other states who were not being charged stood to benefit, too. AEP, based in Columbus, Ohio, is appealing the decision. Duke Energy Corp. has been hurt by escalating costs at a state-of-the-art coal-gasification power plant under construction in Indiana. The Edwardsport plant, which is more than half complete, is expected to cost about $3 billion, or 50% more than the $2 billion original estimate. The new cost estimate exceeds the sum that Charlotte, N.C.-based Duke is being allowed to recover from customers. The Indiana commission was expected to hold hearings this month. Ms. Smith is a staff reporter in The Wall Street Journal's Los Angeles bureau. She can be reached at rebecca.smith(a)wsj.com. BOX Black Days for Coal An analysis of the impact over the next several years if all coal-fired power plants must install sulfur-dioxide scrubbers to meet EPA emissions standards for mercury and acid gases 1,885 million megawatt-hours Coal-fired generation in the U.S. in 2009 47 million MWh Loss of generation expected over next five years due to natural plant retirements 244 million MWh Loss expected because of EPA regulation of sulfur-dioxide and mercury emissions 110 million MWh Gain expected from new coal plants 1,704 million MWh Expected coal-fired generation in 2015 —9.6% Percentage change in coal-fired generation, 2015 versus 2009 Sources: Ventyx, Electric Power Research Institute, Energy Information Administration, Bernstein Research analysis -- Kind Regards, Rory McIlmoil Project Manager, Energy Program Downstream Strategies (w): (304) 292-2450 (c): (304) 376-0045 www.downstreamstrategies.com "You never change things by fighting the existing reality. To change something build a new model that makes the existing model obsolete." ~Buckminster Fuller "The progressive state is in reality the cheerful and the hearty state to all the different orders of the society; the stationary is dull; the declining melancholy." ADAM SMITH.

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Description of hydrofracking operation in State Journal
by William V. DePaulo, Esq. 13 Sep '10

13 Sep '10

Home <http://www.statejournal.com/index.cfm> > News<http://www.statejournal.com/story.cfm?func=showstories&catid=182> [image: Print this story]<http://www.statejournal.com/story.cfm?func=viewstory&storyid=85781&printvie…> [image: RSS] <http://feeds.feedburner.com/StateJournalFeaturedContent> [image: Print this Page] *Print this Page* [Back to Site View]<http://www.statejournal.com/story.cfm?func=viewstory&storyid=85781&> *A Frack Job Explained * Posted Thursday, September 9, 2010 ; 06:00 AM | View Comments<http://www.statejournal.com/story.cfm?func=viewstory&storyid=85781&printvie…>| Post Comment<http://www.statejournal.com/story.cfm?func=viewstory&storyid=85781&printvie…> Updated Wednesday, September 8, 2010; 05:31 PM Hydraulic Fracturing — Surface Equipment Photo Credit: Illustrations courtesy of Chesapeake Energy Corp. *Company details the steps it takes to recover natural gas. * By Pam Kasey Email <pkasey(a)statejournal.com> | Bio<http://www.statejournal.com/bios.cfm?func=viewbio&bioid=63>| Other Stories by Pam Kasey<http://www.statejournal.com/bios.cfm?func=viewstories&bioid=63> It's going on all around and beneath us: hydraulic fracturing to release the natural gas trapped a mile down in the Marcellus Shale. No one knows how many wells are being "fracked" in the state at any one time. With permits in the Marcellus numbering several hundred each year, according to the state Department of Environmental Protection, it's at least a few. But how, exactly, does it work? In mid-August, Chesapeake Appalachia took The State Journal to a Marshall County frack job and explained what its crews were doing. As a brief reminder of terms seen often in the media these days, hydraulic fracturing, or fracking, is the process of blasting water laced with sand and chemicals into a rock formation to create cracks and release the trapped hydrocarbons. The chemicals make the water thicker, to hold the sand in suspension, and slicker, to speed everything through the pipe, while the sand lodges in the cracks and holds them open. Fracking a well, West Virginians have come to understand, takes lots of water. How much depends on the characteristics of the rock formation and the length of the well bore, but 3 million gallons seems to be a lower bound. For its concentrated Wetzel and Marshall county operations, Chesapeake was drawing water from Fish Creek, according to Completion Superintendent Zack Arnold, whose territory includes Wetzel, Marshall and Upshur counties, as well as southwestern Pennsylvania. But as this dry summer stretched on, the company instead established a water line from the Ohio River to two fresh-water impoundments. That came online in early August. An impoundment holds 80,000 to 100,000 barrels, according to Arnold -- 3.3 million to 4.2 million gallons. *Anatomy of a Frack Job* On Aug. 19 at Chesapeake's Waryck site in Marshall County, the company and its vendors were fracking three well bores that extended in different directions from the same point on the surface and were just finishing the first stage mid-day. A video Chesapeake played before the trip explained that drillers create well bores by first drilling down through and beyond the fresh-water zone and casing that length in cement. They then continue drilling down to about 500 feet above the Marcellus layer. Drillers then angle gradually until they're drilling horizontally within the Marcellus layer, out to 4,000 feet and more -- in each of three directions, in this instance. They case the horizontal sections, or "laterals," in cement and are ready to frack. Fracking begins with perforation, Arnold explained. Operators sent a perforation gun on a 20,000-foot electric line to the end of a lateral and fired it to make holes through the casing and into the surrounding rock. When the farthest sections of all three laterals were "perfed," the perf gun was pulled out. Meanwhile, at the surface, operators mixed water, sand and chemicals in a "blender." Pumps blasted the mixed fracking fluid down through the well bores, one at a time, out through the perforations and into the shale. Those first stages would then be plugged, and second stages -- the next-nearest sections as measured by the length of the perf gun -- could be perfed and fracked. When all stages were finally fracked -- 10 to 12 stages is the current industry standard, Arnold said -- the plugs would be drilled through and fracking fluid, now under pressure in the shale, would come back to the surface as "flowback." Several hundred thousand gallons of flowback for each well would give way progressively over a period of one to two weeks to gas, and the wells would then be producing. *Flowback* Chesapeake's current process is to recycle flowback by hauling it to the next site, filtering it and cutting the remaining brine with fresh water. Although Arnold did not want to say how much water it takes to frack a well, he agreed with a range of 3 million to something less than 10 million gallons. Although he also did not want to say how much of that returns as flowback, he did say it's a small enough percentage that, when filtered and cut with fresh water, it is not too salty to fracture the next well. *Containment* The surface operation involves careful fluid management. Chesapeake's best management practices -- more stringent, Arnold stressed, than those required by the state -- include what he described as three levels of containment. Primary containment is everything after the blender, he said -- all the pipes that carry the fracking fluid. For secondary containment, every part of the operation that holds liquid, fresh water as well as pre- and post-frack fluid, rests on a layer of heavy-duty, textured 60-mil plastic. And tertiary containment involves constructed berms running around particular sections of the operation and around the entire pad. Fluid spilled from anywhere will be contained on the plastic, and the expectation is that operators will be able to pump it up before it tops a berm. One Chesapeake crew has no other duty than to check for good practices, making rounds at each active site about once a week; in addition, an on-site crew from an outside vendor spends its time checking the berm and plastic for holes. The state requires spills that leave containment to be reported, but Chesapeake reports every spill even if it stays within containment, Arnold said. *Copyright 2010 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.* Most Popular Stories on STATEJOURNAL.com Most Discussed Stories on STATEJOURNAL.com 1. 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Moves Slowly in Considering Possible Drilling in State Forests <http://www.statejournal.com/story.cfm?func=viewstory&storyid=85774> 5. Groups Brainstorm Oil and Gas Rules for W.Va. <http://www.statejournal.com/story.cfm?func=viewstory&storyid=85782> ------------------------------ *User Comments* [ post comment<http://www.statejournal.com/story.cfm?func=viewstory&storyid=85781&printvie…>] [image: User Comment] *lets be honest* 9/12/10 at 11:11 PM Report Abuse Just so everyone is aware, I read a few articles where it states that each of the Marcellus wells can be frac'd up to 18 times. Which means the trucks will never stop, the land will never have a chance to heal and we will be constantly fearful of contamination. Then to even get better it states that after the Marcellus is dried up, they'll start drilling the Utica Shale which is even deeper. This is not a one time thing to live through. [image: User Comment] *gashound* 9/11/10 at 11:47 AM Report Abuse The number not willing to sign is very small. All you need to do is to take a trip to the courthouse and see for yourself how many have already signed. You will be shocked. [image: User Comment] *marilyn k hunt* 9/11/10 at 11:08 AM Report Abuse Many people who own mineral rights are saying no to contamination and drilling on their property. why? because it is immoral to do something evil for money and real Americans do not sell out their country to Chinese investment banks. our system of government and investment is competing in an economic war with countries which basically just print money with no reserves. how does it feel to know that the Marcellus Shale assets are being sold to foreign countries..Soon you will not have to dig too deep to get to China. Congress is beginning a new roud of hearings into this horrible exploitation of our countries resources...collaborators must be brought to trial for destroying lives and property. They have lied about who they are and what they are doing. [image: User Comment] *gashound* 9/10/10 at 10:07 PM Report Abuse For or against drilling, we all should agree on at least one thing, Senate Bill 617 should be shot down ! Why? If you own an undivided interest in minerals and are looking to sign a lease, this Bill will allow companies to drill, even if only one of the undivided interest owners have signed a lease. Chances are, this signed owner has signed a lease with no protections for the land ! This means any of the remaining unsigned owners will fall under the terms of this lease, along with not being able to negotiate any bonus or royalty. This will cost the state millions !!! Now, if you are against drilling, you need to understand that drilling is happening and will continue to happen. So, if you can't stop it, you need to do what you can to make it as environmentaly friendly as possible. If senate Bill 617 passes, this will allow drilling companies to proceed base on the many, many poorly negotiated leases that have no protections added into them. Without the Bill passing, the remaing owners will be able to add protections into thier lease and the compainies will have to abide by the terms of these leases. All it takes is one owner to have the protections in his or her lease and it will override all other leases !!! So everyone needs to contact their Senate Members and tell them to KILL BILL 617. I hope each and everyone of you understand the importance of stopping Bill 617. Thank You All, gashound [image: User Comment] *do what?* 9/10/10 at 5:32 PM Report Abuse ISN'T A FRACK JOB WHAT LT NORRIS WAS GETTING FROM THAT UNDERAGE GIRL IN A GOV CAR? [image: User Comment] *concerned* 9/10/10 at 10:56 AM Report Abuse To whom thinks fracking is a good idea please watch the documentary Gasland it was on hbo but go to youtube and search Gasland you will change your mind about this drilling or fracking in your backyard. people are getting cancer, brain tumors,animals are dying all the water is contaminated the water stinks, bubbles and YES you can light tap water out of the spicket on fire please look you have nothing to lose but everything to gain from educating yourself on this fracking im just a guy concerned for all of us are kids and grandkids. Thank You Brian for trying to educate these people on fracking everything you said is absalutly true [image: User Comment] *Uncle Sam* 9/10/10 at 3:28 AM Report Abuse Brian, you don't have mineral rights leased to Chesapeake do you? The protesters are jealous neighbors of mineral rights owners. There's an opportunity for many West Virginians to become wealthy and some who will not profit from the Marcellus Shale want to stand in the way. The protesters are jealous people. [image: User Comment] *gashound* 9/9/10 at 8:56 PM Report Abuse Brian, if you feel this way about drilling and fracking then why are you doing it ? Something is wrong with this picture !!! [image: User Comment] *Brian* 9/9/10 at 1:25 PM Report Abuse ive worked with chesapeake in marshall co pumping water and working flowback. they store the water in 500 barrel frac tanks (~45 gal per barrel). ive seen jobs that take as many as 80 of these tanks, all filled with fresh water that was pumped from local steams and creeks. they mix chemicals with the fresh water and send it down-hole. after frac'ing is complete, they flow it back. from the jobs id been on, id estimate that only about 5-10% of the chemical-laced water ever comes back up from the well. the rest of it just sets in the ground and leaches into the formations. the residual water is a concern because studies show that it can, and does leach into the water table deep in the ground. do some googling about water contamination and horizontal drilling. many years ago in texas and oklahoma, farmers were having their livestock die off after drinking contaminated water. another common result from these practices is 'fire water' (not the liquor). people can run water from their sink into a jar, then light the water on fire. it burns due to leeched natural gas and methane. there are also concerns over higher levels of heavy metals in the effected water tables. for many years leading up to 2005, horizontal drilling was federally banned due to these concerns. but wouldnt you know it, bush/cheney rammed through the energy act of 2005, which made it legal for this to go on again. but anyway, 10% TOPS return on flowback. the rest sets underground and leeches. dont buy the BS that they dont know the effects of what they are doing either. it was previously banned for a reason. ------------------------------ *Post Your Comments* * All fields are Required * Name: Email: A valid email address is required to allow State Journal to monitor comments and track users posting inappropriate comments. State Journal does not use these for any type of SPAM operation. Comments: Security Code: Enter the code exactly as you see it above. NOTE: You may refresh the page to load a new Confirmation Code if this one is unreadable. I have read and agree to the JOURNAL Commenting Policy<http://www.statejournal.com/commentsPolicy.cfm> *NOTE:* It is unlawful to disclose personal information, including names, of minors under 18 involved in any criminal action. Other News Categories ------------------------------ *Money* <http://www.statejournal.com/story.cfm?func=showstories&catid=379> Maier Acquires Historic C&O Railroad Station in Charleston<http://www.statejournal.com/story.cfm?func=viewstory&storyid=85883&catid=182> Estate Tax on Its Way Back in 2011 <http://www.statejournal.com/story.cfm?func=viewstory&storyid=84255&catid=182>

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