EC June 2011

ec@lists.wvsierraclub.org

15 participants
42 discussions

Fw: Cumulative impacts, aggregation for Marcellus pipelines
by James Kotcon 25 Jun '11

25 Jun '11

This is a pretty major issue, and I think the Army Corps is on the right track. JBK >>> "Donald C. Strimbeck" <dcsoinks(a)comcast.net> 6/25/2011 4:23 AM >>> Army Corps of Engineers, Marcellus Shale firms spar Marcellus companies worry new permitting rules may delay pipeline projects Premium content from Pittsburgh Business Times - by Anya Litvak Date: Friday, June 24, 2011, 6:00am EDT The U.S. Army Corps of Engineers is butting heads with some Marcellus Shale companies who say the agency’s latest permit rules will delay pipeline projects. The federal agency, which regulates construction that involves dredging or filling of U.S. waters, has issued a clarification on how projects, such as pipelines that cross such waters, should be evaluated on their environmental impacts. The Corps says the clarification, which defines what constitutes a single project big enough to require the agency’s approval, won’t have an impact on how the Corps functions and is meant to be a guide to applicants. Yet, some in the Marcellus Shale industry are convinced the agency’s approach will mean more projects will fall under its scope and more of them will be delayed because of it. “Under the new (standard) they’re saying everything from the wellhead to the transmission line is a single project,” said Rob McHale, manager of environmental regulatory affairs at MarkWest Liberty Midstream & Resources LLC, a division of Denver-based MarkWest Energy Partners LP. McHale said the staffing constraints at the Corps and at other agencies required to review pipeline projects, such as the Pennsylvania Historic and Museum Commission, will mean, “the timing (of permits) will slow significantly.” But Wade Chandler, Pennsylvania permits chief for the Corps’ Baltimore District, which processes two-thirds of Marcellus activity applications in the state, cautions that if there are more permits coming his way, it’s because there’s simply more activity in the Marcellus shale. “Our scopes are limited to our permit areas,” which have not changed, Wade said. “We’re not expanding anything else.” WHAT MAKES A PROJECT Since 1988, the Army Corps, which regulates impacts to rivers, streams and wetlands, has allowed the Pennsylvania Department of Environmental Protection to unilaterally issue permits for projects whose impact to such waters is limited to less than 250 feet. If the impact is more than that, the application must be sent to the Corps for approval before the DEP can permit it. This program, which is revised every five years, is starting a new iteration July 1, with the definition of what constitutes a single project now spelled out in a newly added definitions section to make sure each permittee and regulatory agency is administering the law the same way. Whether a gas pipe will be judged as a single and complete project depends on the Corps’ new standard of whether it has independent utility: That is, would it be built even if other pipelines around it weren’t? According to Mark Haibach, vice president of ecological services with Civil & Environmental Consultants Inc., some Corps districts considered each stream crossing as a single and complete project, so a pipeline crossing five streams would be counted as five projects, with each one’s impact judged against the 250-foot threshold. Other districts, especially those in the area of the Marcellus within the past year, have treated all five crossings as part of a single project, summing up impacts and thereby making more projects fall under the Corps’ domain. The Army Corps’ new guidance makes it clear that regulators should consider as a single project all stream crossings that fit into a single pipeline project. INDUSTRY CONCERNS Currently, MarkWest’s stream crossing projects that don’t reach the 250-foot threshold get a DEP permit within 45 to 60 days, according to McHale. Those that need Army Corps approval take 60 to 75 days for MarkWest, though McHale said other companies have complained of longer waiting periods. MarkWest has had only a handful of projects go through the Corps review thus far, but McHale expects that number to jump once everything is consistently evaluated as a combined impact. For CONSOL Energy, getting a pipeline permit takes between nine months to a year, according to Katharine Fredriksen, vice president for environmental strategy and regulatory affairs, because many of its projects go through exceptional quality waters and require a more in-depth review. “Right now, pipelines are really the biggest bottleneck to actually getting Marcellus gas to market,” she said. The increased activity in general and what Fredriksen described as the Corps’ “expanded role” in pipeline projects will cause further delays, she said. Last year, testifying before the state’s House Republican Policy Committee, Ted Wurfel, Chief Oil & Gas’ environmental, safety and regulatory affairs manager, spoke on behalf of the industry, saying the “Marcellus Shale Coalition believes the DEP should return to … considering individual stream crossings as single and complete projects consistent with the applicable regulations.” “There’s always some difference in the way individual Corps districts will implement regulations,” Haibach said. But if the new permit program will cause the Corps to review more projects, it will be following a trend already in motion, he said. “For the last year, the Corps kind of reacted to the Marcellus Shale activity and the increase in project activity by increasing their scrutiny of projects,” he said. “Especially on pipeline projects, they’ve been opting to review projects more frequently.” Not everyone is convinced the Corps’ regulation will cause problems. The issue may be less about the actual permitting time lines than a general “sense that this is an attempt to federalize gas collection projects,” said Tom Johnston, assistant VP for environmental services with Harrisburg-based engineering group Skelly and Loy Inc., who dismissed the sentiment. “I don’t know that this is going to add as much burden to the gas companies as the gas companies think it is,” he said.

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Fwd: US House committee delays markup on coal ash bill to seek more support
by Jim Sconyers 24 Jun '11

24 Jun '11

---------- Forwarded message ---------- From: Blair John <ecoserve1(a)aol.com> Date: Fri, Jun 24, 2011 at 11:37 AM Subject: US House committee delays markup on coal ash bill to seek more support To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org US House committee delays markup on *coal* ash bill to seek more support<http://www.google.com/url?sa=X&q=http://www.platts.com/RSSFeedDetailedNews/…> Platts Introduced by David McKinley, a West Virginia Republican, the bill would require EPA to conform to its 2000 finding that *coal combustion* residuals, commonly called *coal* ash, do not warrant regulation as a hazardous substance under subtitle C of the*...* See all stories on this topic »<http://www.google.com/url?sa=X&q=http://news.google.com/news/story%3Fncl%3D…> Check out the Valley Watch website at: *http://valleywatch.net*<http://valleywatch.net/> *John Blair* "First they ignore you, then they laugh at you, then they fight you, then you win." Mahatma Gandhi *800 Adams Avenue* *Evansville, IN 47713* *812-464-5663* *** In accordance with title 17 U. S. Code, Section 107, this material is distributed without profit to those who have expressed a prior general interest in receiving similar information for research and educational purposes. * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Morgantown's Horizontal Fracking Ban
by Jonathan Rosenbaum 24 Jun '11

24 Jun '11

http://www.scribd.com/doc/58653036/Morgantowns-horizontal-fracking-ban Today, the attempt to get a temporary restraining order against the ban failed miserably on the part of the plaintiffs! -Jonathan

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Re: [EC] [wvec-board] Gas drilling hazardous waste landfill in Preston County?
by DSGJr＠aol.com 24 Jun '11

24 Jun '11

Actually, I have heard rumors that the other landfills in the area that DEP has authorized to receive this waste are none to happy about this new proposed landfill -- They don't want the competition! Like everything else in this world, it's all about the money. Don Garvin In a message dated 6/24/2011 12:15:35 P.M. Eastern Standard Time, clrank2(a)gmail.com writes: Yes, Frank. This has been and is a hot button issue for Friends of Cheat, the PA-WV watershed COMPACT, Upper Mon River Assoc. and all the Dunkard Creek, Sierra and other folks in northern WV where the bulk of the horizontal marcellus drilling is happening -- especially the two in Morgantown near the water intake... and the two in the Dunkard Creek watershed.... Chesapeake and others have already reduced or eliminated entirely the drilling pits and have been catching the drilling muds, etc in open truck beds (don't know the official terminology for them) and taking them to other already existing landfills ----- ... Dan may be aware of the attitudes of these landfill operators, but with the growing amount of waste generated by the drilling in these northern WV Counties i'm sure they can see their projected capacity quickly being stressed or stretched to the limits and welcome this new project to relieve pressure on their limits. .... Needless to say others in the communities are none too happy... Cindy ~~~~~~~~~~~~~~~~~ On Fri, Jun 24, 2011 at 12:36 PM, Frank Young <_fyoung(a)mountain.net_ (mailto:fyoung@mountain.net) > wrote: This would seem to indicate public acknowledgement of serious waste disposal issues related to the by-products of shale gas drilling. ----- Original Message ----- From: _Rick Buckley_ (mailto:r_w_buckley1@yahoo.com) To: _Frank Young_ (mailto:fyoung@mountain.net) ; _Gordon Jones_ (mailto:gordonjoneswin@gmail.com) ; _gary singleton_ (mailto:gary-singleton@hotmail.com) ; _John Gorrell_ (mailto:john.gorrell@mail.wvu.edu) ; _Mike Reese_ (mailto:mgreese77@gmail.com) Cc: _Rick Buckley_ (mailto:r_w_buckley1@yahoo.com) Sent: Friday, June 24, 2011 11:30 AM Subject: Landfill in Preston County I guess this issue did not go away. This is what I had mentioned last evening regarding creating a landfill in Preston County related to Marcellus drilling. (see attached) __._,_.___ _Reply to sender_ (mailto:clrank2@gmail.com?subject=Re:%20[wvec-board]%20Gas%20drilling%20hazardous%20waste%20landfill%20in%20Preston%20County?) | _Reply to group_ (mailto:wvec-board@yahoogroups.com?subject=Re:%20[wvec-board]%20Gas%20drilling%20hazardous%20waste%20landfill%20in%20Preston%20County?) | _Reply via web post_ (http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJxZ2xwaW1zBF9TAzk3… MgRtc2dJZAMyMjA2BHNlYwNmdHIEc2xrA3JwbHkEc3RpbWUDMTMwODkzNTczMw--?act=reply&m essageNum=2206) | _Start a New Topic_ (http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmYnUzdTY3BF9TAzk3… SWQDMTcwNTM2NTM5MgRzZWMDZnRyBHNsawNudHBjBHN0aW1lAzEzMDg5MzU3MzM-) _Messages in this topic_ (http://groups.yahoo.com/group/wvec-board/message/2205;_ylc=X3oDMTM1Z2hkdW1m… cwNTM2NTM5MgRtc2dJZAMyMjA2BHNlYwNmdHIEc2xrA3Z0cGMEc3RpbWUDMTMwODkzNTczMwR0cG NJZAMyMjA1) (2) Recent Activity: _Visit Your Group_ (http://groups.yahoo.com/group/wvec-board;_ylc=X3oDMTJmYmEwNG9pBF9TAzk3MzU5N… nRsBHNsawN2Z2hwBHN0aW1lAzEzMDg5MzU3MzM-) (http://groups.yahoo.com/;_ylc=X3oDMTJlb2xmZ242BF9TAzk3NDc2NTkwBGdycElkAzIxN… Mw--) Switch to: _Text-Only_ (mailto:wvec-board-traditional@yahoogroups.com?subject=Change Delivery Format: Traditional) , _Daily Digest_ (mailto:wvec-board-digest@yahoogroups.com?subject=Email Delivery: Digest) • _Unsubscribe_ (mailto:wvec-board-unsubscribe@yahoogroups.com?subject=Unsubscribe) • _Terms of Use_ (http://docs.yahoo.com/info/terms/) . __,_._,___

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Gas drilling hazardous waste landfill in Preston County?
by Frank Young 24 Jun '11

24 Jun '11

This would seem to indicate public acknowledgement of serious waste disposal issues related to the by-products of shale gas drilling. ----- Original Message ----- From: Rick Buckley To: Frank Young ; Gordon Jones ; gary singleton ; John Gorrell ; Mike Reese Cc: Rick Buckley Sent: Friday, June 24, 2011 11:30 AM Subject: Landfill in Preston County I guess this issue did not go away. This is what I had mentioned last evening regarding creating a landfill in Preston County related to Marcellus drilling. (see attached)

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from ScienceDaily: Large numbers of birth defects seen near mountaintop mining operations
by Paul Wilson 24 Jun '11

24 Jun '11

Large numbers of birth defects seen near mountaintop mining operations<http://feedproxy.google.com/%7Er/sciencedaily/top_news/top_environment/%7E3…> Posted: 23 Jun 2011 06:00 AM PDT Birth defects are significantly more common in areas of mountaintop coal mining and are on the rise as the practice becomes more common, according to a new study. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Re: [EC] Press on coal ash picket
by James Kotcon 24 Jun '11

24 Jun '11

Press from yesterday's protest. First, the Charleston Daily Mail had a story announcing the protest: http://dailymail.com/News/statenews/201106230478 I was told WV Public Radio also announced the protest, but I can't find a link. Television: http://www.wboy.com/story.cfm?func=viewstory&storyid=102028 http://www.wowktv.com/story.cfm?func=viewstory&storyid=101883 (Charleston-Huntington) http://www.wtrf.com/story.cfm?func=viewstory&storyid=101883&catid=3&printvi… (Wheeling) News articles: Vicki Smith's AP story http://hosted.ap.org/dynamic/stories/W/WV_COAL_ASH_PROTEST_WVOL-?SITE=AP&SE… It got picked up by numerous papers http://washingtonexaminer.com/news/2011/06/wva-sierra-club-fights-mckinleys… http://www.weirtondailytimes.com/page/content.detail/id/140629/W-Va--Sierra… http://timeswv.com/westvirginia/x2099992739/Activists-fight-McKinley-s-coal… (Fairmont) (Capito's District) http://www.wvgazette.com/News/201106230481 (I think the Charleston Gazette got it, but their web page does not load today.) http://www.journal-news.net/page/content.detail/id/563669/W-Va--Sierra-Club… (Martinsburg, WV) The Morgantown paper requires a paid subscription, but here is their story: DOMINION POST page 4A Friday 24 June 2011: http://ee.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAxMS8wNi8yNCNBcj… Area Sierra Club protests McKinley’s coal ash bill BY DAVID BEARD The Dominion Post One day after a House subcommittee OK’d Rep. David McKinley’s coal ash regulation bill, the Sierra Club West Virginia Chapter picketed his Morgantown office and handed over a letter asking him to withdraw the bill. Club members contend coal ash is toxic and needs Environmental Protection Agency (EPA) oversight. The Republican’s bill, HR 1391, comes in response to an EPA proposal to reclassify coal ash - a byproduct of coal combustion used in such things as cement and drywall, and on surface mines to mitigate acid drainage - as a hazardous waste. It reinforces states’ powers to enforce their own standards, which may exceed EPA standards. According to the bill memo, the EPA proposes two alternate rules. One would make coal ash a hazardous waste under subtitle C of the Solid Waste Disposal Act (called RCRA), calling for protective measures including landfill liners, groundwater monitoring and fugitive dust controls. The second proposal would keep it nonhazardous under RCRA subtitle D, but calls for the same protective measures. The EPA said neither rule would revise most aspects of “beneficial reuse” in cement, bricks, drywall and such. HR 1391 would preclude the EPA from regulating coal ash in any way under subtitle C. West Virginia Reps. Shelley Moore Capito, a Republican, and Nick Rahall, a Democrat, are among the cosponsors. The House Energy & Commerce Subcommittee on Environment and the Economy approved the bill in a voice vote Wednesday. Club members picketed alongside Beechurst Avenue on Thursday morning, bearing such signs as “Coal Ash + Our Water = Toxic Brew.” Then they headed inside the Seneca Center and downstairs to McKinley’s office to present a packet of papers and speak briefly with McKinley’s field representative, Pam Krushansky. In a letter to McKinley, Sierra Club Energy Committee Chairman James Kotcon says, “In essence, your bill blocks EPA from doing its job. ... Dozens of coal ash dumps around the nation are polluting air and water with hazardous materials such as arsenic, cadmium, selenium, mercury and lead.” The Morgantown Energy Associates power plant near the Seneca Center produces coal ash used on area surface mines. After the meeting, members said there are safer alternatives - such as limestone - for treating mine drainage. The letter also notes that West Virginia’s 1st Congressional District has a “high concentration of coal ash disposal facilities,” including the Albright landfill in Preston County. The Sierra Club, the West Virginia Highlands Conservancy and West Virginia Rivers Coalition are suing Mon Power, and its parent company FirstEnergy, over the Albright coal ash landfill for allegedly discharging excessive levels of arsenic into Daugherty Run and the Cheat River. Bill proponents contend coal ash doesn’t meet EPA toxicity standards, while opponents contend EPA has updated its science. Proponents also say the proposed EPA rules could kill hundreds of thousands of jobs and raise utility rates by as much as 25 percent. Subcommittee Chairman John Shimkus said state agencies, including the West Virginia Department of Environmental Protection, support the bill and say they can regulate this without federal control. McKinley sent this statement to The Dominion Post in response to the protest: “I appreciate the citizens who came to my office today to voice their opinion. While we do disagree on the issue of coal ash, I am glad they are engaging in the debate. “My legislation ... actually strengthens state regulatory authority over these materials. The legislation would prevent the Obama administration’s attempt to reclassify these materials as a hazardous waste - a designation previous administrations have deemed inappropriate. “Even this week during an Energy and Commerce subcommittee, both Democrats and Republicans voted to classify coal ash as a nonhazardous material because the science proves it is nonhazardous. “In addition, the economic consequences of a hazardous designation are disastrous; one study found it would cost America more than 300,000 jobs in the next 20 years across a variety of industries. Public health is just as important as jobs, and they are not mutually exclusive in this case. By passing this bill, we will strengthen environmental protections and protect hundreds of thousands of jobs.” The bill’s next step is consideration by the full Energy & Commerce Committee. No date has been set yet, according to House sources. Let me know if you find anything else? Jim Kotcon >>> Jeff Stant <jstant(a)environmentalintegrity.org> 6/23/2011 6:08 PM >>> I heard from Sam that you had twelve people there and generated some press. Do you have any links to it? GREAT JOB!!! I'd like to keep this thing going and growing. But that's fantastic that you did it! Please post any press to Sierra's CCW listserve. Thanks Jeff Jeff Stant Director, Coal Combustion Waste Initiative Environmental Integrity Project 5819 Lowell Avenue Indianapolis, IN 46219 Phone: 317-359-1306 Mobile: 317-331-3607 Email: Jstant(a)environmentalintegrity.org

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Fw: DAILY UPDATE 22 June 2011. News of interest to Mon river watershed denizens.
by James Kotcon 22 Jun '11

22 Jun '11

News from Morgantown. Pay particular attention to what Governor Tomblin and Randy Huffman are saying. The pressure on the Governor must continue. JBK >>> "Donald C. Strimbeck" <dcsoinks(a)comcast.net> 6/22/2011 4:47 AM >>> DOMINION POST headline Wednesday 22 June 2011: Council OKs ban Gas company plans to sue city The Dominion Post The Morgantown City Council voted 6-1 to pass the Marcellus shale drilling ban in the city and within a 1-mile radius beyond the city’s boundaries. Dozens of people showed up to both support and speak against the drilling ban. The meeting began at 7:30 p.m., and people were still commenting after 11 p.m. Enrout Properties LLC, which owns the surface and mineral rights to the gas pad at the Morgantown Industrial Park, is already planning a lawsuit. The company hired Jackson Kelly to represent them in a lawsuit against the city. Work began last month, and $7 million has been invested in the well site so far. Drilling supporters rally at Courthouse http://ee.dominionpost.com/Repository/ml.asp?Ref=RFBvc3QvMjAxMS8wNi8yMiNBcj… Energy independence touted as benefit BY ALEX LANG The Dominion Post To show their support for the gas drilling industry and its employees, about 100 people gathered on Courthouse Square on Tuesday. “Economic growth through energy independence” and “Local energy=local jobs” were two of the signs on display in the crowd. “We’re responsible, we do things right,” Independent Oil and Gas Association of West Virginia President Michael McCown told the crowd. “Our industry is responsible for 35,000 jobs.” That number represents both the direct and indirect jobs tied to the drilling industry. He also said the workers are going to fight for their jobs and their honor. McCown was one of four speakers at a rally at the courthouse. Those involved in the gas drilling industry, most notably Marcellus shale, attended the rally before heading to the Morgantown City Council meeting. The council voted to ban Marcellus shale drilling in the city and within a 1-mile radius of city limits. One of those employees in attendance was Zach Toothman. He recently graduated from WVU with a degree in petroleum engineering. He said he is a field engineer for Chesapeake Energy and spends most of his time around Marcellus shale drilling. He said he was happy the rally was organized. “We need to do more like this,” Toothman said. Delegate Doug Skaff, DKanawha, told those at the rally that students like Toothman will have a chance to stay in West Virginia and raise a family thanks to the drilling industry. He said the state is at a crossroads and production of natural gas can be a game-changer for the state. The drilling industry must work with the various government environmental protection agencies, Skaff said. He added “we’re not going to this half-heartedly.” Chesapeake Energy Vice President of Corporate Development and State Government Regulations Scott Rotruck said safety is the number one priority. Not only in terms of worker safety, but environmental safety as well. “That is extremely important to us,” Rotruck said. Matt Sutton, who helped organize the rally, said it wasn’t in reaction to the several recent Marcellus shale protests. He added it was an idea that was talked about in the past. “They want to get out and show support for workers in the area,” Sutton said. MORGANTOWN COUNCIL City Marcellus drilling ban officially in place Byrer only one on council to vote no BY TRACY EDDY The Dominion Post Marcellus shale drilling is illegal in Morgantown and areas within a mile of the city limits. During its Tuesday meeting, Morgantown City Council voted, 6-1, to approve a law to ban horizontal drilling and fracturing — or fracking — in Morgantown and up to one mile beyond its borders. Mayor Bill Byrne and council members Ron Bane, John Gaddis, Jenny Selin, Marti Shamberger and Don Spencer voted for the law. Councilman Charlie Byrer voted against it. The vote didn’t take place until after midnight. Council spent nearly the first three hours of the meeting taking public comment on the issue and the smoking ban law. Spencer questioned the length of the public hearing at about 10:30 p.m. City Council has an 11 p.m. curfew when making decisions. Council unanimously voted to suspend the rules and work past curfew. Byrer said he voted against the ban because he supports the negotiations between the Morgantown Utility Board (MUB) and Northeast Natural Energy — the company drilling at the Morgantown Industrial Park. The drilling company agreed to implement extra safeguards at MUB’s request. He said it’s up to the governor to call a special session so the state legislature can address Marcellus shale drilling and permitting regulations. Council members also approved minor amendments to the ordinance. Byrer was the lone vote against them. The law now includes a definition of horizontal drilling and the phrase “horizontal drilling with fracturing” instead of “horizontal drilling and/or fracturing.” Council chambers overflowed with people and a crowd gathered in the lobby of City Hall to watch the meeting on TV. Several residents voiced their concerns for Morgantown’s water, air and general quality of life. Wetzel County residents also attended the meeting to talk about their experience with Marcellus shale drilling. Industry representatives spoke about how the industry could do its work responsibly. Mike John, president of Northeast Natural Energy, said the company wouldn’t be drilling at the industrial park if it didn’t think it could do it safely. He also cited the company’s agreement with MUB and said about $7 million was invested in the two wells, so far. “We believe it is impossible for an incident to occur that would impact Morgantown’s drinking water,” he said. Mike McCown, president of the Independent Oil and Gas Association of West Virginia, read City Council a letter from acting Gov. Earl Ray Tomblin, in which the governor requested Morgantown keep its authority within its city limits. Tomblin’s letter said the Marcellus wells at the Morgantown Industrial Park would be good for the city’s economy. “It sends a negative signal to a business to change the rules after permitting has already been completed,” McCown read. Larry Schwab, Collins Ferry Road, said the state and federal government don’t have regulations in place to protect residents. “We are looking to you, our elected officials, to protect us.” May seek injunction to stop the law from taking effect BY DAVID BEARD The Dominion Post The wheels are already in motion to sue Morgantown over its horizontal gas drilling and fracking ban, a Jackson Kelly attorney said Tuesday. Al Sebok said Enrout Properties LLC, which owns the surface and mineral rights to the Morgantown Industrial Park Marcellus gas pad, has retained him to represent Enrout in litigation against the city. Sebok was one of the scheduled speakers at Jackson Kelly’s seminar, “Marcellus Shale in WV: Emerging Issues,” held at the Waterfront Place Hotel. Morgantown based its ban on state code 8-12-19, which allows cities to extend their jurisdiction one mile beyond their boundaries when required to reasonably exercise their powers and authority. Sebok listed several reasons why the city may be wrong. One, 8-12-19 was written in 1969. When the Legislature updated the zoning law in 2004, it didn’t include the same extraterritorial provision; while Morgantown is changing its business and taxation code, the ban is really more of a zoning issue. Two, code 8-12-2, regarding home rule powers, forbids city laws that conflict with the state constitution or other general law. The ban does conflict. Three, cities have the power to legislate against public nuisances, but the law clearly defines public nuisance, and the city can’t “arbitrarily and capriciously” declare a legally permitted activity a public nuisance. Sebok said Northeast Natural Energy, the natural gas firm at the site, worked closely with the Morgantown Utility Board, a city agency, even before the permit was approved, and agreed to extra provisions — containment, berms, casings and testing — after the permit was issued. “This is what I view as a win-win situation for everyone. This is how the permitting [process] should work,” he said. He called the city’s action a regulatory taking of property without just compensation. He later told The Dominion Post that he didn’t know how soon Enrout would file suit — they’re evaluating options — but it likely will be quickly. He also said the company may seek an injunction or restraining order to suspend the ordinance until litigation is completed. Northeast President Michael John said that litigation is under consideration, and the company has been working with attorneys to map out strategies. Bottom line, though, he said: “I do not want to sue the city of Morgantown.” Northeast is in the business of drilling, not taking cities to court, he said. Morgantown City Manager Terrence Moore said the city has anticipated legal action and is acting with due diligence to prepare for and support City Council’s action, and will respond accordingly. He believes state code supports the city’s position. Rob Alsop, chief of staff for acting Gov. Earl Ray Tomblin, also spoke at the Jackson Kelly seminar. He equated the city’s ban to what the Environmental Protection Agency did to Arch Coal’s Spruce Mine in Logan County: Retroactively revoked a water permit, effectively halting $250 million worth of planned operations. Alsop referred to Northeast’s $7 million-plus investment at the Morgantown site. “Now, after the fact, there’s the potential they could be told to stop.” That could have a chilling impact on business across the state, he said, when Tomblin wants to promote the industry and its ancillary businesses. “Marcellus shale is a great development for West Virginia,” Alsop said. “We are doing all we can to make it a phenomenal development for West Virginia.” Tomblin appointed a Marcellus and Manufacturing Task Force to explore the promise of ethane, a natural gas by-product that could spur all sorts of plasticsrelated manufacturing to replace the lost chemical industry in the Kanawha Valley and the lost steel works in the Northern Panhandle. “We want this type of investment here,” he said. DEP: 1,600 Marcellus permits issued; 400 in works BY DAVID BEARD The Dominion Post Department of Environmental Protection (DEP) Secretary Randy Huffman told a Morgantown audience Tuesday that the DEP is on pace to permit 400 more Marcellus wells this year; it needs more inspectors; and it needs the Legislature to take some action. Huffman was one of the featured speakers at Jackson Kelly’s seminar, “Marcellus Shale in WV: Emerging Issues,” held at the Waterfront Place Hotel. He said that in some ways, he is pleased Marcellus legislation failed last session. The DEP submitted a bill, SB 204, which the House ignored, and the Senate rewrote, scrapped and replaced with a different House bill. The only thing that survived was the bill number, Huffman said. “We bit off more than we could chew.” It was too much work for a part-time citizen legislature, and it’s better nothing passed than something deeply flawed and subject to many challenges, he said. The DEP expects to have a seat at the table for the Legislature’s Marcellus select committee drafting a new compromise bill, and its contribution will be different this time, based on new things it has learned — such as the aggregate effects on air quality and public notice provisions. While some have publicly said it’s already too late to keep the industry from running roughshod over the state, Huffman is more optimistic. “I strongly believe we are way in front of the Marcellus play from a regulatory standpoint. I’m really confident a lot of things are going to happen in the coming months.” Huffman said the DEP has issued 1,602 Marcellus permits, with 942 of those already completed. The remaining 660 have either not been drilled, are in process, or awaiting fracking to begin. The agency expects to approve another 400 permits this year, he said. It’s permitting at a greater capacity than the industry can drill. That’s understandable, he said, because gas fir ms have to take steps to secure and retain their leases. The expected legislation needs to have one thing: Money for inspectors, Huffman said. The DEP doesn’t have the power to raise fees without legislative action. Huffman did say, though, that without legislation, the DEP is doing what it can to adapt its growing knowledge of the state’s needs. Permit applications are different now from a year ago, and may be different again in two months. Acting Gov. Earl Ray Tomblin’s Chief of Staff Rob Alsop also spoke at the seminar, and told The Dominion Post that if the select committee could have something ready as early as August, Tomblin would be willing to consider putting it on the call with redistricting. THE STATE JOURNAL: Morgantown City Council Bans Horizontal Drilling with Hydraulic Fracturing Posted Wednesday, June 22, 2011 ; 12:59 AM President of company now developing two wells asked what the city is prepared to compensate him for his $7 million investment. By Pam Kasey Morgantown City Council voted 6-1 on June 21 to pass an ordinance prohibiting horizontal drilling with hydraulic fracturing within a mile outside city limits. It’s been an issue of hot discussion in Morgantown since early May, when the city’s residents learned after the fact that Northeast Natural Energy of Charleston had been permitted to drill two Marcellus Shale natural gas wells just upriver from the area’s drinking water intake on the Monongahela River. Residents expressed concerns about the possibility of an drilling or hydraulic fracturing accident that would contaminate drinking water, as well as air quality and other concerns, and they expressed frustration that there is no public notification and comment process for gas wells. NNE’s well pad is located outside but within a mile outside city limits; the Morgantown council is following Wellsburg’s lead in relying on a provision of state code that allows cities to extend their authority for up to a mile beyond their boundaries when needed to carry out city functions. Tuesday's second reading of the ordinance drew comments from dozens both for and against the ban. Mike McCown, president of the Independent Oil and Gas Association, read a letter from acting Gov. Earl Ray Tomblin urging the city to keep its ban within city limits. The industry won't take kindly to a ban, McCown said. “If a city says there shouldn’t be drilling and doesn’t support the industry, it’s going t be hard for industry members to support that city, to do commerce in that city,” he said. “That’s a decision the city’s going to have to take seriously, in my opinion.” Several who addressed council had traveled from adjacent Wetzel County, where Chesapeake Energy has a high concentration of Marcellus gas production activity. “Coming with this Marcellus development you’re going to have tons of air pollution, water pollution — I’ve submitted copies of accidents, road issues, water contaminations,” said Wetzel County resident Ed Wade. “In our area we’ve found crime rates have gone up, drug usage has gone up,” Wade said. “It’s going to put a strain on your volunteer fire departments, your EMS, your law enforcement. All of this is going to have to be doubled and tripled. … For the people of Morgantown and their best interest, I hope you guys make the right decision.” NNE President Mike John addressed council for the first time. John noted that his company’s wells have received permits from the state Department of Environmental Protection. He added that his company met the additional assurances of the Morgantown Utility Board, the provider of drinking water for about 90,000 in the region — assurances that he viewed as having come from the city through MUB. “Given this history, we were surprised that, despite our good faith effort to work with the city to their apparent satisfaction, we find ourselves before council tonight as you move forward to ban drilling and fracking within a mile of city limits,” John said. “While there is risk associated with any industrial process, given the safeguards that we have implemented and the nature of the site, we believe it is impossible for an incident to occur that would impact Morgantown’s drinking water in any meaningful way,” he added. He asked what the city is willing to compensate his company for the $7 million it has invested in its site based on good faith interactions with the city. Councilman Charles Byrer alone voted against the ordinance. He expressed a preference for regulation at the state level and cited concerns about the rights of mineral owners, including the city itself. “I think we’re basically going to be regretting this down the road. We have opportunity here. We’re sitting on a treasure,” he said. “And I think we’re on a slippery slope from a legal perspective.” Council takes this action, concluded Mayor William Byrne just before the vote was taken, in the absence of effective state regulation — mentioning in particular the need for public notification and comment on gas wells. “We do not do this with a lot of gusto,” Byrne said. FirstEnergy: Unconventional Gas an Additional Challenge to Coal-Fired Power Industry Posted Tuesday, June 21, 2011 ; 10:34 Updated Tuesday, June 21, 2011; 11:46 AM Power sector could represent one-third of U.S. natural gas demand by 2020. By Pam Kasey MORGANTOWN -- The boom in production of natural gas from formations like the Marcellus shale is presenting an additional challenge to an already challenged coal-fired power industry. That was one observation from Lauren Quamm, manager of market analytics for FirstEnergy Solutions, when he spoke June 21 at the “Marcellus Shale in West Virginia: Emerging Issues” seminar hosted in Morgantown by Jackson Kelly. FirstEnergy, Quamm said, operates from Illinois to Maryland and is the nation’s largest industrial utility based on customers served; FirstEnergy Solutions is the largest competitive retailer of electricity. “Natural gas is poised to become (an even more) important part of the fuel mix for generating electricity in this country,” while coal as a fuel for the generation of electricity is getting squeezed, Quamm said. That is based in part on the recent growth in supply of natural gas due to horizontal drilling and hydraulic fracturing, Quamm said. That growth has resulted in reduced prices. Not long ago, natural gas was the most expensive generation fuel that represented a significant part of the market. But the price of gas has halved since 2008, Quamm said, from $9 per million British thermal units in 2008 to $4.50 now; with that, the price of electricity has fallen approximately by half. And because all power plants in a region earn what the most expensive plant is charging per megawatt-hour, all power plants are earning less, he said. At the same time, planned and expected environmental regulations on air emissions and other aspects of power generation will affect coal-fired plants more than others. Given that squeeze, moderate projections are that 30 to 70 megawatts or about 20 percent of coal-fired generation capacity could be shut down east of the Rocky Mountains. “The replacement power plants will largely be fired by natural gas,” he said. The combination of gas plants added to the grid and increased firing of existing plants “could be a significant source of demand for the industry,” he said. If 50 to 70 gigawatts of coal-fired generation capacity is shuttered, he said, it could mean 8 to 9 trillion cubic feet per year of power sector gas demand by 2020: roughly one-third of U.S. natural gas demand. Agencies Say They Are Now More Prepared June 22, 2011 By J.W. JOHNSON JR. With AP Dispatches - Staff Writer , The Intelligencer / Wheeling News-Register A year after a natural gas well burst into flames in Marshall County, the West Virginia Department of Environmental Protection is drafting legislation focused on well sites, water management and permit fees. In the early hours of June 7, 2010, Marshall County 911 dispatchers began receiving calls reporting a loud explosion and flames shooting 75 feet into the air on Beam's Lane outside of Moundsville. As emergency management teams from Marshall and Belmont counties arrived at the site of a natural gas well operated by AB Resources Inc., they began to assess the situation: A fire was raging and appeared to be unextinguishable, and seven workers had been seriously injured. After getting the fire under control and containing it for 12 hours until crews trained to handle well fires could arrive, emergency management officials remained at the site for nearly five days until the fire burned out. Now the DEP is paring down legislation it presented for this year's regular session, spokeswoman Kathy Cosco said. Out is language addressing such topics as forced pooling, which involves drilling in areas with multiple mineral rights owners, and the rights of surface owners, she said. The regular session bill died after substantial amendments in both chambers. Department Secretary Randy Huffman criticized lawmakers Tuesday for its fate. He told a Morgantown conference on Marcellus Shale issues that the changes disregarded provisions developed by his staff during the better part of the year. The new draft will also propose hiking permit fees above their current rate, which is usually around $600 per well, but not likely as high as the $10,000 proposed in the regular session bill, Cosco said. DEP's goal is enough funding for eight to 10 more inspectors - the department now has 17 positions - along with additional office staff, she said. Huffman said a serious fee hike would allow "more of a presence on the ground at these sites." Some companies have even offered to pay higher fees, but Huffman said he was forced to decline because his agency has no structure for accepting such sums. Huffman agreed the fee amount could prove a sticking point as a new House-Senate select committee attempts to find a compromise that can pass in special session. The industry argues that fees higher than those charged in other Marcellus states would make West Virginia less competitive. Rep. Shelley Moore Capito, R-W.Va., warned the Morgantown conference that if state legislators can't agree on Marcellus regulations, the federal government is likely to do the job for them. The federal Environmental Protection Agency is already cracking down on the coal industry and is "slathering" to get at the natural gas industry, too, Capito said. Locally, a lot has changed since the Beams Lane fire regarding the way local emergency management crews and first responders react when faced with a well explosion. They cited equal parts planning practice for the adaptations. "There was a steep learning curve when we arrived for that first fire," said Marshall County Emergency Management Director Tom Hart. "We found out that the best way to prepare for those situations and learn how to be able to respond was to actually deal with them." The fire was the first of three separate gas-related incidents in a four-month period in the county, and Hart said each incident presented a new challenge from which to learn. Hart said as a result of dealing with those incidents, local fire departments and law enforcement agencies now are more prepared and have a better idea of what to expect if a well fire is reported. He added his office has created a checklist and implemented other protocols in the emergency management comprehensive plan, which is shared not only with offices in Marshall County but around the state. The biggest change, Hart said, is that the lines of communication between county officials and gas company representatives are open, allowing for information to be shared on a more frequent basis. First responders at the Beam's Lane fire said it was unclear who was supervising the site, and county officials said they had not been informed of any drilling activity in that area or been given information as to how many employees had been working there. "Since that first incident, companies have been very forthwith in providing us with information on where their sites are and what is happening," he said, adding that information comes via weekly email updates and at monthly meetings of the Marshall County Energy Exploration Task Force, which was created last August. Hart said having frequent communication and knowing who to contact in the event of an emergency is key to allowing first responders to get to a site and on task as quickly as possible. He added many companies have also been proactive in investing in their own emergency plans and training for their workers. "They know that for public safety officials to assist them, they need to provide accurate information on their locations, and we need that information to protect the public and the people working at their sites," he said. Marshall County fire departments have also been able to upgrade their equipment and seek further training using donations from Chief Oil and Gas and Chesapeake Energy, which donated $100,000 and $221,000, respectively, following well fires on their properties. Hart said those funds were used to purchase equipment and supplies that would be used in the event of a similar incident. Hart said he has heard from representatives from counties around the state who have expressed concern over increased drilling activity in their areas. He said he will continue to share the information that Marshall County has gathered in the past year so they can be one step ahead in the event of an emergency. "I hate to say it, but I am kind of glad we dealt with it when we did and were able to become better prepared," he said.

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Fwd: WV_Crucial House Vote - Please Call Your Representatives
by James Kotcon 22 Jun '11

22 Jun '11

This is urgent. Drop what you are doing and call today. If you are not in the First District, call Capito and Rahall and ask them to call McKinley to ask him to withdraw the bill. JBK >>> Sam Flenner <samf.environmentalintegrity(a)gmail.com> 6/21/2011 8:42 PM >>> *HR 1391 – The very bad McKinley Coal Ash Bill is scheduled for a vote in the House Energy and Commerce Committee this Thursday, June 23rd. * The following House Representative from your state is on the Committee. Phone calls in opposition to HR 1391 are urgently needed to your member to ensure he opposes HR 1391. If you live in the District of the following Representative, please call him at *David McKinley 202-225-4172 * https://mckinley.house.gov//index.cfm?sectionid=58<https://mckinley.house.gov/index.cfm?sectionid=58>Phone calls are preferred And ask other members of your group or network to call him as well. The message is simple. --McKinley’s amended bill, HR 1391, derails the ongoing EPA coal ash rulemaking and would prevent EPA from regulating coal ash in a way that protects health and the environment. --EPA must be allowed to proceed with its coal ash rulemaking, consider the hundreds of thousands of public comments it has received, and make its decision based on the best available science. --Your representative should protect the health and environment of your community and those of other Americans who live around coal ash sites and honor the public rulemaking process. Again…Please: 1) Call your House Committee members today to ask him to oppose HR 1391; 2) Ask your members and any others in your network to call their Representatives to oppose HR 1391; 3) We lost in Subcommittee by only 1 vote – Please make the call. Thank you, Jeff Stant Director, Coal Combustion Waste Initiative Environmental Integrity Project 5819 Lowell Avenue Indianapolis, IN 46219 Phone: 317-359-1306 Mobile: 317-331-3607 Email: Jstant(a)environmentalintegrity.org -- Samuel E. Flenner III Outreach Coodinator Environmental Integrity Project www.environmentalintegrity.org samf.environmentalintegrity(a)gmail.com 317.352.2339 c-317.850.0436

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Fwd: San Antonio's Deely Coal Plant is Closing, Here is the Press Release
by Paul Wilson 21 Jun '11

21 Jun '11

maybe Rep. Mckinney should see this? fyi, paul ---------- Forwarded message ---------- From: Oliver Bernstein <oliver.bernstein(a)sierraclub.org> Date: Mon, Jun 20, 2011 at 4:28 PM Subject: Fwd: San Antonio's Deely Coal Plant is Closing, Here is the Press Release To: COAL-CAMPAIGN-ALERTS(a)lists.sierraclub.org ---------- Forwarded message ---------- This went out to local press in SA and to national coal press. http://action.sierraclub.org/site/MessageViewer?em_id=209362.0 June 20, 2011 Contacts: Eva Hernandez, Sierra Club, 512-299-1550, or Ryan Rittenhouse, Public Citizen, 440-796-9695 Sierra Club and Partners Celebrate First Announced Closing of a Publicly-owned Coal Plant in Texas San Antonio's Deely Plant Expected to Close by 2018, Replaced by Clean, Solar Power San Antonio -- Monday afternoon, San Antonio Mayor Joaquin Castro announced that City Public Service’s (CPS) Deely coal-fired power plant will shut down by 2018. Additional solar power contracts for the San Antonio area will replace that dirty electricity and bring clean energy jobs to Texas. The planned retirement of the two coal boilers at Deely marks the 189th and 190th generators to begin plans for retirement in 2011. In response to today's announcement, the Sierra Club, SEED Coalition, and Public Citizen issued the following statement: The announcement today confirms the new direction taken by CPS Energy which has committed to meeting 20% of its energy needs through renewable energy by 2020, and reducing its peak demand through energy efficiency by 780 megawatts. CPS Energy recently began receiving power from a 14 MW solar plant in South San Antonio, and has signed a contract with SunEdison for an additional 30 MWs of solar power. Mary Anne Hitt, director of the Sierra Club's Beyond Coal Campaign stated that, "Today's announcement in Texas shows that cities around the country are taking strides to move beyond coal. Mayors and concerned citizens in many states have taken it upon themselves to prove that solar and other forms of clean energy are ready to replace dirty and dangerous sources of power to meet our energy needs." "San Antonio’s decision to phase out the Deely coal plant signals the beginning of the end of the coal-burning era and its associated air pollution and illness in Texas,” said Eva Hernandez, with the Sierra Club’s Beyond Coal campaign. “We are ready for Austin to follow suit and for other municipal utilities, the electric co-ops, retail electric utilities, and indeed the State of Texas to move forward with a clean energy economy. This is how we will create more jobs while breathing cleaner air in Texas.” However, environmental groups do not support the west Texas Summit coal plant that could be part of San Antonio’s plan. “Any purchase of coal power from the Summit coal plant should be conditional upon phasing out Deely,” said Ryan Rittenhouse of Public Citizen. “Furthermore, CPS should commit to running Deely's two dirty coal boilers as little as possible leading up to the phase out.” The CPS Deely plant is the first publicly-owned coal plant slated for retirement in Texas. The Sierra Club has called for the phase-out of the Lower Colorado River Authority's Fayette coal plant, which is partially-owned by the City of Austin. The Sierra Club's Beyond Coal Campaign has also called for the phase-out of several privately owned coal plants: TXU-Luminant’s Big Brown coal plant in Fairfield, the Martin Lake coal plant near Henderson, and the Monticello coal plant near Mount Pleasant. Several recently permitted coal plants in Texas have been prevented from starting, and three, White Stallion, Las Brisas, and Tenaska face additional obstacles. # # # -- Cheers, Sean Sarah Communications Manager (South East & North East) Sierra Club Beyond Coal Campaign C: 330 338-3740 P: 202 548-4589 E: Sean.Sarah(a)sierraclub.org -- Oliver Bernstein National Communications Strategist Sierra Club Phone: 512.477.2152 x102 Cell: 512.289.8618 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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