EC October 2012

ec@lists.wvsierraclub.org

11 participants
22 discussions

carpool to Larry Gibson memorial Sunday?
by Jim Sconyers 09 Oct '12

09 Oct '12

I'm going to Larry Gibson's memorial service in Charleston Sunday. Anyone interested in carpooling from Preston County/Morgantown area? Go and return directly after the program. -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: PATH files for abandonment
by Jim Sconyers 08 Oct '12

08 Oct '12

---------- Forwarded message ---------- From: Keryn Newman <stoppath(a)frontiernet.net> Date: Mon, Oct 8, 2012 at 10:48 AM Subject: PATH files for abandonment To: CONS-ELP-TRANS-LINES-FORUM(a)lists.sierraclub.org On Sept. 28, PATH made a filing at FERC to recover $121M in abandoned plant amortized over a 5 year period at 10.9% ROE. This is the first step for PATH in cashing in on the incentive they were granted that enables them to collect 100% of prudently-incurred investment in the project in the event the project is cancelled for reasons beyond PATH's control. The docket number is ER12-2708, and here is a link to the filing: http://www.pjm.com/~/media/documents/ferc/2012-filings/20120928-er12-2708-0… PATH's claim that the cancellation of the project was unforeseen is pretty weak, along with their claims of prudent spending. Some of their statements more closely resemble a creative re-writing of history. PATH has requested that FERC approve the recovery and changes to its Formula Rate without modification, suspension or hearing effective December 1, 2012. If no party objects, FERC may just do that. FERC has set a deadline to intervene, comment, protest PATH's filing of 5 p.m. on October 19. Three parties have already intervened, but none have protested or proffered any evidence of why FERC should not approve the proposal. Several consumers plan to intervene/protest, myself included. In an order granting challenges and complaints on Sept. 20, FERC confirmed that end-use consumers have standing to participate. The ultimate goal at present is to convince FERC to set the matter for settlement/hearing. Only parties who have submitted a timely intervention will be able to participate in settlement/hearing. If you or your organization would like to participate, you need to file by October 19. If you'd like to do so but have questions, I'd be happy to provide more information. Keryn - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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/ -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: WVNS story: Preservationists: Second Battle of Blair Mountain Not Over
by Paul Wilson 08 Oct '12

08 Oct '12

---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Mon, Oct 8, 2012 at 4:04 AM Subject: WVNS story: Preservationists: Second Battle of Blair Mountain Not Over To: PaulWilson <pjgrunt(a)gmail.com> Preservationists: Second Battle of Blair Mountain Not Over Dan Heyman, Public News Service-WV http://www.publicnewsservice.org/index.php?/content/article/28772-1 Join the discussion: facebook.com/PublicNewsService<http://www.facebook.com/PublicNewsService> Twitter: @pns_news <http://twitter.com/#!/pns_news> @pns_WV<http://twitter.com/#!/pns_WV> Google+: plus.to/publicnewsservice <http://plus.google.com/106260479325451709866> (10/08/12) CHARLESTON, W.Va. - The fight over preserving the Blair Mountain battlefield is not over, according to the environmental and labor history groups trying to protect the site. Last week a federal judge ruled the groups don't have the right to sue to have Blair Mountain returned to the National Register of Historic Places. But labor historian Wess Harris says that's just one move in the long second battle of Blair Mountain. "One good way to look at this whole thing of Blair Mountain is as a chess match. Certainly the judge's decision cost us a piece off the board, but we're a long way from checkmate." In 1921 thousands of union coal miners fought with mine guards and company militias on a ridge line bordering Logan County. It was the largest armed uprising in the U.S. since the Civil War. Aracoma Coal, a subsidiary of Alpha Energy, has a permit pending to remove the mountaintop and take out the coal seams underneath. U.S. District Judge Reggie Walton ruled that environmental and preservation groups could not sue to have Blair Mountain protected because Alpha's permit hasn't been granted yet. But Sierra Club spokeswoman Kim Teplitzky says the pending permit is enough of a threat. "If this permit is granted, they could commence mining on the battlefield site, and potentially destroy this incredibly important historic place." She says they would act if the state Department of Environmental Protection issues the permit to mine what's known as Piney Branch. "We would definitely act. We are right now weighing our options, and we'll be watching closely to see what happens with this pending permit for Piney Branch." Wess Harris says the state could lose a vital part of its past. "The history's not going to go away, but the opportunity to teach from that mountain does go away. A huge loss. Just another case of our heritage being destroyed." Preservationists say the process of having the site removed from historic protection three years ago was filled with irregularities. The companies that want to strip-mine the area say it's just wilderness, not worth protecting. Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/28772-1<http://www.publicnewsservice.org/index.php?/content/article/28772-1> --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org <remove(a)publicnewsservice.org?subject=remove>and put the word "remove" in the subject line. -- 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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Fwd: Webinar: Water for Energy--Connections, Collisions, and Opportunities
by Paul Wilson 05 Oct '12

05 Oct '12

fyi, paul ---------- Forwarded message ---------- From: UCS Science Network <sciencenetwork(a)ucsusa.org> Date: Fri, Oct 5, 2012 at 12:08 PM Subject: Webinar: Water for Energy--Connections, Collisions, and Opportunities To: pjgrunt(a)gmail.com <http://action.ucsusa.org/site/R?i=JBIWysrO300CW_dVyYyUYg><http://action.ucsusa.org/site/R?i=YedIHC32sfmBoX123QlxYQ><http://action.ucsusa.org/site/R?i=W-YlVuZOoplCn-2dGvToXQ> WEBINAR INVITATION Water for Energy—Connections, Collisions, and Opportunities Dear Paul, This summer's drought brought to light the challenges we face when there isn't sufficient water to cool our nation's power plants. Conventional fossil-fuel and nuclear power plants require water to cool the steam they generate to make electricity. In 2005, power plants accounted for over 40 percent of all freshwater withdrawn in the U.S. Many power plants need a huge, steady supply of water to operate, and in hot dry summers, that water can become hard to secure. We invite you to join a webinar discussion on the challenges and opportunities for electricity production in a water-constrained future. *Water for Energy—Connections, Collisions, and Opportunities<http://action.ucsusa.org/site/R?i=hoh53jA2l-zMnQWrEqR2og> * *Date:* Thursday, October 18 *Time:* 1:00-2:15 p.m. EDT Register Today <http://action.ucsusa.org/site/R?i=4T4okFM72h6GGfXljC3LTg> The webinar will feature: - *Camille Calimlim*, committee staff, Water and Power Subcommittee, U.S. House of Representatives - *John Rogers*, senior energy analyst and co-manager of the Energy and Water in a Warming World Initiative (EW3), Union of Concerned Scientists - *C. Adam Schlosser*, principal research scientist and assistant director of science research in the Center for Global Change Science, Massachusetts Institute of Technology Register for the Webinar Today Please join us on *Thursday, October 18, from 1:00-2:15 p.m. EDT*, as three leading experts discuss the challenges and opportunities for electricity production in a water-constrained future. [image: RSVP] <http://action.ucsusa.org/site/R?i=U_G1gFw3MloCn2B6ATGwZw> Related Links Energy and Water in a Warming World Initiative<http://action.ucsusa.org/site/R?i=ahBdwUm_8FRIYlcAfzyGOA> Freshwater Use by U.S. Power Plants<http://action.ucsusa.org/site/R?i=mmpMcBgDh_0f0tDED3sdQw> Energy-Water Collision Infographic<http://action.ucsusa.org/site/R?i=FOFL2kNpU62sqOg9sEAmIg> Tell A Colleague Please encourage your colleagues to sign up<http://action.ucsusa.org/site/R?i=oTPpwKU7o6FvIqfVZSfTMQ>and help increase our effectiveness in creating a healthy environment and a safer world. CLICK HERE<http://action.ucsusa.org/site/R?i=zkT51ks4zT8GWLNu9pqR6A> . Ms. Calimlim will discuss the energy-water policy landscape and opportunities; Mr. Rogers will present on current power plant water use, highlighting the findings from EW3's *Freshwater Use by U.S. Power Plants: Electricity's Thirst for a Precious Resource<http://action.ucsusa.org/site/R?i=It0V1ddl5D3L2gEWvQpEUg> * report; and Dr. Schlosser will discuss the water implications of an 80 percent renewable energy future as articulated in the Renewable Electricity Futures Study for which he was a lead author. A question-and-answer session will follow the presentations. Please register today.<http://action.ucsusa.org/site/R?i=4V1llxTvqaicx5PQHaswiQ>We look forward to your participation on October 18. Sincerely, [image: Megan Rising] Megan Rising Energy Outreach Coordinator Climate & Energy Program Union of Concerned Scientists The Union of Concerned Scientists is the leading science-based nonprofit working for a healthy environment and a safer world. UCS is a 501(c)(3) organization. All gifts are tax deductible. You can be confident your donations to UCS are spent wisely. <http://action.ucsusa.org/site/R?i=sh4-hBA0U8z_QDoUVyeACw> Union of Concerned Scientists 2 Brattle Square | Cambridge, MA 02138-3780 Telephone: 800-666-8276 | Fax: 617-864-9405 sciencenetwork(a)ucsusa.org www.ucsusa.org <http://action.ucsusa.org/site/R?i=sIRg4WPgz4zL8rTM83WhFQ> To stop receiving emails from UCS about clean energy, click here to update your interests <http://action.ucsusa.org/site/R?i=zvioK9wS1IxtYgC3nS00mw>. About UCS <http://action.ucsusa.org/site/R?i=iLI9NlqjJ3FeqklrhdKgPw> | Take Action<http://action.ucsusa.org/site/R?i=bjCdC7BDUN-gb9vnGMIv1g>| Donate <http://action.ucsusa.org/site/R?i=8ROlwSSjpxLMOApIdKef6g> | Contact Us <http://action.ucsusa.org/site/R?i=vCQg7sb9zVM0yiP1zzJ_6A> | Privacy Policy <http://action.ucsusa.org/site/R?i=nvB8TUbEshZ1mDcp7y4L2Q> | Unsubscribe<http://action.ucsusa.org/site/CO?i=VtWzh8fVGIHNFJ24x6W_FgKjfczN8ixe&cid=1781>| Update Your Profile <http://action.ucsusa.org/site/R?i=f8ZTbpkwGxjEHZ765Szezg> © Union of Concerned Scientists. All rights reserved. [image: powered by CONVIO] <http://action.ucsusa.org/site/R?i=9odP3YLRETYFD53T6A_6aA> nonprofit software <http://action.ucsusa.org/site/R?i=GlQTMnqhiZU6SglAGPtODw> -- 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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Fwd: [WVSC Marcellus Shale Gas Campaign] All party rabble-rousers make plans now!
by James Kotcon 05 Oct '12

05 Oct '12

Anyone else interested? JBK >>> "Steve Hamilton" <notification+zlrdzo1f(a)facebookmail.com> 10/5/2012 9:34 AM >>> Steve Hamilton posted in WVSC Marcellus Shale Gas Campaign Steve Hamilton9:34am Oct 5 All party rabble-rousers make plans now! The Mountain Party and the Doddridge County Watershed Association are calling on you to join an anti-fracking rally at West Union this weekend. If you live in the area or are attending the WVEC weekend retreat in Ritchie County, please plan to join Jesse Johnson and local residents as they stand up to protect their homes and health. This is designed to take place during an evening break in the agenda of the WVEC retreat. Where: Meet at the roadside park near the ball park at West Union. When: Sat Oct 6 at 5 pm Bring signs and a carful of friends! Meet great people like yourself who care enough to act! View Post on Facebook · Edit Email Settings · Reply to this email to add a comment.

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Fwd: [ACTNET-FRAC-NEWS] FYI: New Study Supports Water Contamination Due to Fracking
by Jim Sconyers 03 Oct '12

03 Oct '12

---------- Forwarded message ---------- From: "Deb Nardone" <deb.nardone(a)sierraclub.org> Date: Oct 3, 2012 10:25 AM Subject: [ACTNET-FRAC-NEWS] FYI: New Study Supports Water Contamination Due to Fracking To: <ACTNET-FRAC-NEWS(a)lists.sierraclub.org> http://action.sierraclub.org/site/MessageViewer?em_id=254646.0 FOR IMMEDIATE RELEASE: October 3, 2012 Contacts: Maggie Kao, Sierra Club, 202-675-2384 Bruce Baizel, Earthworks, 970-259-3353 x2 *New Study Supports Water Contamination Due to Fracking* *U.S. Geological Survey Verifies EPA Findings in Pavillion, WY* Pavillion, WY -- An independent analysis of new U.S. Geological Survey (USGS) water monitoring data verifies a 2011 Environmental Protection Agency (EPA) investigation into whether hydraulic fracturing contaminated the Wind River aquifer near Pavillion, Wyoming - an important groundwater source that provides water to thousands of Wyoming residents and farmers. The preliminary results of EPA’s study was one of the first to document hydrocarbons consistent with fracking fluid chemicals in drinking water wells and monitoring wells located near natural gas wells. EPA’s preliminary results have since been attacked by the oil and gas industry, as they seek to continue their dangerous practices and protect their own interests over public health and safety. USGS’s study was conducted specifically to check EPA’s results. The Sierra Club, Earthworks, and the Natural Resources Defense Council worked with a hydrologist and independent expert, Dr. Tom Myers, to analyze the USGS raw data and compare those results with the original EPA report. Dr. Myers found that the USGS data support EPA's initial findings. EPA’s analysis should be widely accepted now that its findings have been replicated. The USGS report found that thermogenic gas, which very likely comes from fracked deep shale formations, continues to increase in a monitoring well. This evidence strongly suggests that as a result of fracking, gas is seeping into Pavillion’s water. A range of chemicals associated with the fracking process also continue to appear in the monitoring well, showing that hazardous pollution is spreading towards the surface. This new information supports EPA’s hypothesis that natural gas drilling activities, including fracking, have contaminated the Wind River aquifer near Pavillion. Read Dr. Myers’ analysis here<http://www.sierraclub.org/pressroom/downloads/myers-tech-memo-093012.pdf> . View the U.S. Geological Survey’s data here<http://www.usgs.gov/newsroom/article.asp?ID=3410#.UGoCok25SgY> . “The Sierra Club is concerned by the U.S. Geological Survey’s important conclusions, which further underline EPA’s report that fracking has contaminated Pavillion’s water,” said *Deb Nardone, Sierra Club Beyond Natural Gas campaign director*. “This report raises the alarm on the public health threats posed by dirty and dangerous fracking and the need to rein in a oil and gas industry that remains unchecked and unaccountable for their toxic pollution.” “Dr. Myers’ analysis shows that the USGS upholds EPA’s preliminary conclusion that hydraulic fracturing contaminated Pavillion-area groundwater,” said *Bruce Baizel, Earthworks’ Oil & Gas Accountability Project Senior Staff Attorney*.” He continued, “It’s long past time for states and industry to stop denying oil and gas development’s environmental problems, and start working on fixing them.” “This reinforces EPA’s findings – and the concerns of Americans in communities across the country – that dangerous fracking practices are putting our drinking water and health at risk,” said *NRDC senior policy analyst Amy Mall*. “That’s why it’s critical that EPA thoroughly investigate reports of fracking water contamination concerns. It’s essential that we protect Americans from a repeat of what we are seeing in Wyoming.” ### -- Deborah J. Nardone, Director Beyond Natural Gas Campaign Sierra Club O: 814-308-9767 C: 814-932-6668 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This email list is associated with the Hydrofracking Team on the Sierra Club's Activist Network. Join the Hydrofracking Team at http://sc.org/frac. This list is open to the public and subscribers are not moderated. Please be aware that information you share may be forwarded to or read by others beyond this list. To unsubscribe from the ACTNET-FRAC-NEWS list, send any message to: ACTNET-FRAC-NEWS-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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Re: [EC] EarthWorks report "Breaking All The Rules"
by Frank Young 02 Oct '12

02 Oct '12

It's worth than that, Beth. The law does require one thing of DEP- that it issue permits if the applicants have simply jumped through the paperwork hoops, but which hoops are very, very low. To not issue a permit immediately puts the burden on DEP to show that it was prudent to deny the permit. And usually DEP is too paralyzed by inertia and too bound by political pressure to make realistic findings of relative prudency. Frank Young ----- Original Message ----- From: "Elizabeth Little" <blittle(a)citynet.net> To: "James Kotcon" <jkotcon(a)wvu.edu> Cc: <ec(a)osenergy.org> Sent: Tuesday, October 02, 2012 8:07 PM Subject: Re: [EC] EarthWorks report "Breaking All The Rules" It sounds like WV, but they didn't include WV. If it's this bad elsewhere, imagine how bad it is here. Example: Antero and Halls Drilling have had violation, accident, spill, etc. one after another, starting with the spill in Buckeye Run that Louanne discovered, and the DEP just lets them keep going. The really frustrating thing is that there is nothing we can legally do. When we had that call with several lawyers about filing an action to make the DEP do what the law says, it came out that the regulations don't require the DEP to do anything. The language is all that they "may" inspect or "may" require thus and so. Arrrrgh! If ever there was a timely report to justify our Moratorium call, here it is. Caution, 3 MB, about 150 pages. http://www.earthworksaction.org/library/detail/breaking_all_the_rules_the_c… JBK ----- Original Message ----- From: Alan Septoff ( mailto:aseptoff@earthworksaction.org ) To: cog Sent: Monday, October 01, 2012 1:39 PM Subject: [COG] Earthworks' response to John Hanger re our enforcement report http://www.earthworksaction.org/earthblog/detail/public_health_isnt_a_numbe… Public health isnâ?Tt a numbers game - a response to John Hanger By Nadia Steinzor ( http://www.earthworksaction.org/earthblog/byauthor/8 ) September 28, 2012 This post was co-authored with Alan Septoff ( http://www.earthworksaction.org/earthblog/byauthor/10 ). The most fundamental truth uncovered in Earthworksâ?T just-released report Breaking All the Rules: the Crisis in Oil & Gas Regulation ( http://www.earthworksaction.org/library/detail/breaking_all_the_rules_the_c… ), is that states are falling tragically short in enforcing their own oil and gas development rules. It is good to see that John Hanger ( http://johnhanger.blogspot.com/2012/09/reviewing-earthworks-report-ripping.… ), ex-Secretary of the Pennsylvania Department of Environmental Protection (DEP), does not argue that truth. As a result of this inadequate enforcementâ?"a problem in all of the six states we reviewedâ?"Breaking All the Rules concludes that so many problems with oil and gas development are left undiscovered, undocumented and unresolved, the public cannot have confidence that their health, air, and water are being protected. Again, John Hanger does not argue against that conclusion. As a former regulator, he knows how complicated it is to oversee an industry based on a â?odrill and permit now, figure out how to oversee laterâ? approach. Even with an increase in the number of inspectors and improved reporting and data protocolsâ?"facts that Earthworks acknowledges in the report. John Hanger also argues that we should not have looked at all producing wells, since it is primarily shale gas wells â?othat are the focus of attention and concern.â? However, all active wells require oversight. Production may be minimal, but potential contamination issues still exist from produced water and leaks, especially since the older equipment at these sites may be more prone to corrosion and failure. And when the DEP wrote its recommended inspection policyâ?"still the basis for current activitiesâ?"shale gas wells did not even exist. John Hangerâ?Ts response to the report is also based on the idea that because DEP increased its enforcement efforts from 2010 to 2011, our use of 2010 data skews the results so much that the report isnâ?Tt useful. As we stated on on page 23 of the full report, because 2011 data were not available for all statesâ?"and Earthworks wanted to do a comparable analysis across six statesâ?"we relied primarily on 2010 data. (For example, DEPâ?Ts 2011 data on wells, permits, and other aspects were not completely available to the public until July 2012.) Nonetheless, we did include 2011 data where available -- in the full report within table A6-1 and in the Pennsylvania-specific report prominently on page 2 ( http://www.earthworksaction.org/library/detail/enforcement_report_pa_dep ): "In 2010 DEP failed to inspect more than 82,000 or 91 percent of active wells. In 2011, more than 66,000 active wells (86 percent) did not receive DEP oversight." But even if the numbers shift a bit in some months, the key question that was the impetus to this research remains: "Can the public have confidence that their health, air and water are being protected?â? Citing different numbers does not even begin to answer this question because the Pennsylvania DEP addressed its enforcement inadequacies in the same manner that allowed the problem to develop in the first place: DEP looked at the amount of drilling as something outside their control, and defined their ability to govern that drilling in terms of the limited resources available to them. We hope that anyone who reads Breaking All the Rulesâ?"including regulators and policymakersâ?"takes away the core lesson learned from an in-depth analysis of regulatory agenciesâ?T own data: Right now, states take the amount of drilling as given, and then figure out how they can best do their jobs with scarce resources available. That equation must be reversed. The amount of drilling that takes place should be contingent upon what resource strapped state agencies can safely regulate -- ensuring that public health and the environment are fully protected as top priority. If a state enforcement agency can't guarantee that the next proposal for a well, compressor station, or other facility will not cause harm (and that it will be properly overseen during construction and operation), they shouldn't permit it. Plain and simple. In the end, protecting communities isn't a numbers game, and solutions to very real and very serious problems in the gas patches of the United States wonâ?Tt be found comparing one yearâ?Ts marginally improved inspection and enforcement performance to another. (Though any meaningful improvement would be welcome.) What it will require from regulatory agencies is that they revisit their rules in a public and transparent manner to determine what constitutes enforcement that credibly protects the public and the environmentâ?"and then allow only the amount of development that meets that strong enforcement standard. And no more. A continued rush to drill without such change will continue to harm communities and result in even more violations and problems on the groundâ?"a scenario that the regulatory agencies themselves should want to avoid. _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec _______________________________________________ EC mailing list EC(a)osenergy.org http://osenergy.org/mailman/listinfo/ec

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EarthWorks report "Breaking All The Rules"
by James Kotcon 02 Oct '12

02 Oct '12

If ever there was a timely report to justify our Moratorium call, here it is. Caution, 3 MB, about 150 pages. http://www.earthworksaction.org/library/detail/breaking_all_the_rules_the_c… JBK ----- Original Message ----- From: Alan Septoff ( mailto:aseptoff@earthworksaction.org ) To: cog Sent: Monday, October 01, 2012 1:39 PM Subject: [COG] Earthworks' response to John Hanger re our enforcement report http://www.earthworksaction.org/earthblog/detail/public_health_isnt_a_numbe… Public health isn’t a numbers game - a response to John Hanger By Nadia Steinzor ( http://www.earthworksaction.org/earthblog/byauthor/8 ) September 28, 2012 This post was co-authored with Alan Septoff ( http://www.earthworksaction.org/earthblog/byauthor/10 ). The most fundamental truth uncovered in Earthworks’ just-released report Breaking All the Rules: the Crisis in Oil & Gas Regulation ( http://www.earthworksaction.org/library/detail/breaking_all_the_rules_the_c… ), is that states are falling tragically short in enforcing their own oil and gas development rules. It is good to see that John Hanger ( http://johnhanger.blogspot.com/2012/09/reviewing-earthworks-report-ripping.… ), ex-Secretary of the Pennsylvania Department of Environmental Protection (DEP), does not argue that truth. As a result of this inadequate enforcement—a problem in all of the six states we reviewed—Breaking All the Rules concludes that so many problems with oil and gas development are left undiscovered, undocumented and unresolved, the public cannot have confidence that their health, air, and water are being protected. Again, John Hanger does not argue against that conclusion. As a former regulator, he knows how complicated it is to oversee an industry based on a “drill and permit now, figure out how to oversee later” approach. Even with an increase in the number of inspectors and improved reporting and data protocols—facts that Earthworks acknowledges in the report. John Hanger also argues that we should not have looked at all producing wells, since it is primarily shale gas wells “that are the focus of attention and concern.” However, all active wells require oversight. Production may be minimal, but potential contamination issues still exist from produced water and leaks, especially since the older equipment at these sites may be more prone to corrosion and failure. And when the DEP wrote its recommended inspection policy—still the basis for current activities—shale gas wells did not even exist. John Hanger’s response to the report is also based on the idea that because DEP increased its enforcement efforts from 2010 to 2011, our use of 2010 data skews the results so much that the report isn’t useful. As we stated on on page 23 of the full report, because 2011 data were not available for all states—and Earthworks wanted to do a comparable analysis across six states—we relied primarily on 2010 data. (For example, DEP’s 2011 data on wells, permits, and other aspects were not completely available to the public until July 2012.) Nonetheless, we did include 2011 data where available -- in the full report within table A6-1 and in the Pennsylvania-specific report prominently on page 2 ( http://www.earthworksaction.org/library/detail/enforcement_report_pa_dep ): "In 2010 DEP failed to inspect more than 82,000 or 91 percent of active wells. In 2011, more than 66,000 active wells (86 percent) did not receive DEP oversight." But even if the numbers shift a bit in some months, the key question that was the impetus to this research remains: "Can the public have confidence that their health, air and water are being protected?” Citing different numbers does not even begin to answer this question because the Pennsylvania DEP addressed its enforcement inadequacies in the same manner that allowed the problem to develop in the first place: DEP looked at the amount of drilling as something outside their control, and defined their ability to govern that drilling in terms of the limited resources available to them. We hope that anyone who reads Breaking All the Rules—including regulators and policymakers—takes away the core lesson learned from an in-depth analysis of regulatory agencies’ own data: Right now, states take the amount of drilling as given, and then figure out how they can best do their jobs with scarce resources available. That equation must be reversed. The amount of drilling that takes place should be contingent upon what resource strapped state agencies can safely regulate -- ensuring that public health and the environment are fully protected as top priority. If a state enforcement agency can't guarantee that the next proposal for a well, compressor station, or other facility will not cause harm (and that it will be properly overseen during construction and operation), they shouldn't permit it. Plain and simple. In the end, protecting communities isn't a numbers game, and solutions to very real and very serious problems in the gas patches of the United States won’t be found comparing one year’s marginally improved inspection and enforcement performance to another. (Though any meaningful improvement would be welcome.) What it will require from regulatory agencies is that they revisit their rules in a public and transparent manner to determine what constitutes enforcement that credibly protects the public and the environment—and then allow only the amount of development that meets that strong enforcement standard. And no more. A continued rush to drill without such change will continue to harm communities and result in even more violations and problems on the ground—a scenario that the regulatory agencies themselves should want to avoid.

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Fwd: WVNS story: Fracking Waste Disposal Wells Harbor Hidden Concerns
by Paul Wilson 02 Oct '12

02 Oct '12

fyi, paul ---------- Forwarded message ---------- From: Public News Service <wvns(a)newsservice.org> Date: Mon, Oct 1, 2012 at 3:51 AM Subject: WVNS story: Fracking Waste Disposal Wells Harbor Hidden Concerns To: PaulWilson <pjgrunt(a)gmail.com> Fracking Waste Disposal Wells Harbor Hidden Concerns Dan Heyman, Public News Service-WV http://www.publicnewsservice.org/index.php?/content/article/28646-1 Join the discussion: facebook.com/PublicNewsService<http://www.facebook.com/PublicNewsService> Twitter: @pns_news <http://twitter.com/#!/pns_news> @pns_WV<http://twitter.com/#!/pns_WV> Google+: plus.to/publicnewsservice <http://plus.google.com/106260479325451709866> (10/01/12) CHARLESTON, W.Va. - A loophole that lets oil and gas drillers dispose of their waste in loosely regulated injection wells is drawing criticism. When billions of gallons of used fracking fluid and the salty brine that comes up with natural gas are injected into disposal wells, some fear states like West Virginia could be setting themselves up for serious problems. Although the fracking fluid and brine may contain serious pollutants, the industry got a federal exemption from the strict rules that regulate the injection of hazardous waste. Evan Hanson, president of Downstream Strategies, a water science and policy consulting firm, is studying what are known as Class II wells. "There's been a series of exemptions related to the oil and gas industry. One of the important exemptions related to the Class II wells is the assertion that these fluids are not hazardous." West Virginia has nearly 800 Class II wells. They are supposed to be regularly pressure-tested for leaks. According to an investigation by ProPublica, Class II wells in the state failed these tests more than 80 times from 2008 to 2010. Seven of the failures were determined to be serious. Hanson says even the brine can contain natural toxins, such as arsenic and radioactive minerals. The public does not always know what is actually in the fracking fluids, he warns. "There's more and more information out there. In some cases, companies are voluntarily disclosing the ingredients in fracking fluids. But I'm not confident that we have as much information as we need." The industry contends that the brine and fracking fluids are largely safe, and that the wells go deep enough to protect drinking water, but Hanson says the wells can leak if poorly constructed. He adds that a lack of inspectors can leave drillers on the honor system about their construction methods and what they're injecting. Then there's the issue of seismic events, he says. Class I disposal wells that handle hazardous waste are required to carefully consider the area's geology. But the oil and gas disposal wells are much less regulated. A study by the National Academies of Science linked the Class II wells to minor earthquakes, which Hanson says have been an issue here. "Regarding small earthquakes or seismic events around some of these injection wells, there's been a case documented in Ohio, a situation documented in the Flatwoods area." Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/28646-1<http://www.publicnewsservice.org/index.php?/content/article/28646-1> --- To be removed from this list please send an e-mail to remove(a)publicnewsservice.org <remove(a)publicnewsservice.org?subject=remove>and put the word "remove" in the subject line. -- 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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Fwd: Genetics Seminar Oct. 2 on gas well microbes
by James Kotcon 01 Oct '12

01 Oct '12

Just an FYI. There were some claims made at Marcellus Academy, so I will see if any microbiologists can verify them. JBK >>> Dan Panaccione 10/1/2012 10:30 AM >>> Genetics Seminar October 2, 2012 * 3:30 PM * 1085 Ag. Sci. Bldg. Bacterial communities associated with hydraulic fracturing fluids in thermogenic natural gas wells in North Central Texas, USA presented by Yael Tucker Since we have no plant path./ env. micro. seminar this week, students are required and others are encouraged to attend the Genetics seminar presented by Yael. Daniel Panaccione Professor West Virginia University (304)293-8819 danpan(a)wvu.edu

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EC October 2012