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Re: [EC] PATH Celebration
by James Kotcon 19 Mar '11

19 Mar '11

While it is certainly true that the PATH application was withdrawn "without prejudice" (meaning they can and probably will re-file), it is also important that we celebrate what victories we can. We rarely get a definitive end to issues as the bad guys are famous for simply fading away in a slow, long, drawn-out silence, so even though this one is not over, this is as definitive of a decision point as we are likely to see. Feel free to attend and party down, as we need to make a big noise now. If nothing else, it helps cement our reputation as "giant killers". Keep in mind that the Club's expert witness testimony on need, reliability, and demand side management was a critical turning point in the battle in Virginia, and established this as the key issue ion MD and WV. The more we loudly proclaim the "victory", the better it is cemented in the minds of politicians that the issue is over, and the more credibility they will give us as new issues emerge. I favor holding PATH victory parties in every County in WV, and invite the press. We Done Good. JBK >>> <glnelson1(a)frontier.com> 3/19/2011 11:02 AM >>> This is a premature celebration because path is not out of the utility companies minds. They are just regrouping for another assault for the line. One of the local conservationists here, that fought the path project, tells me they see this withdrawl only as a delaying tactic, and they will return with the same application for this line. Thanks! Gary Nelson ----- Original Message ----- From: "Jim Sconyers" <jim_scon(a)yahoo.com> To: ec(a)osenergy.org, "Heather Heilman" <heatherheilman(a)yahoo.com>, "Gwen Jones" <gwenjones23(a)yahoo.com>, "Jim Kotcon" <jkotcon(a)wvu.edu>, "Gary Nelson" <glnelson1(a)frontier.com>, "Jim Sconyers" <jim_scon(a)yahoo.com>, "Frank Young" <fyoung(a)mountain.net> Sent: Saturday, March 19, 2011 10:49:35 AM Subject: PATH Celebration Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Doug Kaplan <doug.kaplan(a)sugarloafconservancy.org> To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Sent: Sat, March 19, 2011 10:08:18 AM Subject: A Celebration is Required! Join us! All, Many of you have already received our invitation. I am sending it to the Sierra Club disti list as some may not have received our attached invitation. Everyone is welcomed! We especially hope to see many attend from our neighboring states of Virginia and West Virginia. Spread the word. Please see attached invitation for details! Doug Douglas S. Kaplan President Sugarloaf Conservancy www.sugarloafconservancy.org www.nomoretowers.org Description: cid:image001.gif@01CBDCED.3895C390 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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

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PATH Celebration
by Jim Sconyers 19 Mar '11

19 Mar '11

Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ----- Forwarded Message ---- From: Doug Kaplan <doug.kaplan(a)sugarloafconservancy.org> To: CONS-ELP-TRANS-LINES-FORUM(a)LISTS.SIERRACLUB.ORG Sent: Sat, March 19, 2011 10:08:18 AM Subject: A Celebration is Required! Join us! All, Many of you have already received our invitation. I am sending it to the Sierra Club disti list as some may not have received our attached invitation. Everyone is welcomed! We especially hope to see many attend from our neighboring states of Virginia and West Virginia. Spread the word. Please see attached invitation for details! Doug Douglas S. Kaplan President Sugarloaf Conservancy www.sugarloafconservancy.org www.nomoretowers.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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

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Fw: DAILY UPDATE 18 March 2011. News of interest to Mon river watershed denizens.
by James Kotcon 18 Mar '11

18 Mar '11

You might enjoy the first news story here. JBK >>> "Donald C. Strimbeck" <dcsoinks(a)comcast.net> 3/18/2011 4:31 AM >>> Washington PA OBSERVER REPORTER: Waste hauler accused of illegal dumping 3/18/2011 3:31 AM By Tara Kinsell, Staff writer tkinsell(a)observer-reporter.com WAYNESBURG - A well-known Greene County waste hauler and his corporation were charged Thursday with illegally dumping millions of gallons of wastewater from natural gas drilling, sewage sludge and restaurant grease into streams and mine shafts in a six-county area. After a two-year investigation, the state attorney general's office filed 98 criminal counts against Robert Allan Shipman, 50, of 432 Renner Creek Road, New Freeport, and 77 counts against his company, Allan's Waste Water Service Inc. of 1487 Toms Run Road, Holbrook. "This was a calculated and long-running scheme to personally profit by illegally dumping wastewater, regardless of the potential for environmental damage," said acting Attorney General Bill Ryan. Shipman is accused of orchestrating a scheme to dump waste products into streams, mine shafts and business properties across Allegheny, Fayette, Greene, Lawrence, Washington and Westmoreland counties. Proecutors said the activities took place between 2003 and 2009. Charges include participating in a corrupt organization, criminal conspiracy, theft, forgery, receiving stolen property, pollution of waters, tampering with public records and violations of the Pennsylvania Clean Streams Law, Solid Waste Management Act and Fish and Boat Codes. According to grand jury testimony, Shipman and his company were hired by multiple businesses in the region to haul and dispose of wastewater by-products. Several former employees testified that Shipman instructed them to mix various wastewater products together in what they referred to as a "cocktail" and then dump that mixture at various locations throughout the region. Ryan said the reason behind the cocktail was to conceal the true contents of the wastewater, allowing it to be disposed of in an improper manner, as well as to increase the volume of disposals that were billed to various customers. According to the grand jury, Shipman directed his drivers to falsify manifests so his company could bill customers for the full capacity of their trucks, regardless of the amount of waste actually being transported and disposed of. Agents from the attorney general's office said they identified forged manifests for numerous businesses operating in Southwestern Pennsylvania, including Penneco Oil Co., American Oil and Gas, Luzerne Township Sewage Authority, Menallen Township Sewer Authority, Washington Penn Plastics and others. Ryan said Shipman is accused of stealing in excess of $250,000 from clients as a result of the over-billing practices. April Morris, a former administrative assistant for Shipman's company, told the grand jury she was often instructed by Shipman to shred or discard the customer's copy of the manifest. She said Shipman would then instruct her to complete blank manifests with fraudulent information regarding the quantity of waste hauled, sign drivers' names to the manifests and send the manifests to customers. Testimony by former drivers indicated that Allan's Waste Water was responsible for transporting and disposing of production water from gas wells owned and operated by CNX Gas. According to the drivers, CNX's gas wells began to generate more production water in the summer of 2007 than the company was capable of handling. "It is a lot of information we need to digest," said Shipman's attorney, Christopher Blackwell of Washington. "Our contention has always been that this is a group of disgruntled employees who have made these accusations." Blackwell said it appears the case is going to come down to the credibility of the witnesses who may have "an ax to grind with Allan Shipman." The drivers told the grand jury that Shipman showed them how to leave water valves open at gas wells in order to allow production water to flow onto the ground and into nearby waterways. The drivers said this was typically done after dark or during heavy rains in order to conceal the illegal discharge. Areas where Shipman is alleged to have directed wastewater to be dumped include Green Hill Tank Farm along Rush Run in Greene County, Morris Run Creek and Rush Run. It was further alleged by the former employees that Shipman directed them to dump residual wastewater left in the trucks at the end of the day down a drain at his business. The drain leads to Tom's Run, a tributary of Dunkard Creek. It is also alleged that Shipman directed waste products to be dumped into the Morris Run air shaft at the abandoned Blacksville No. 1 Mine along Morris Run Creek in Brave. Consol Energy is permitted by the EPA to dump production water into the Morris Run shaft via a series of piping inlets. The airshaft leads to a mine pool that ultimately discharges into Dunkard Creek, according to Samuel Harper, DEP Water Management Environmental Program manager, who verified that Shipman and his company were not permitted to discharge waste into that location. The criminal charges filed Thursday carry substantial prison terms upon conviction, along with fines in excess of $1.5 million for Shipman and $1.2 million for his company. Blackwell said the defense is in the process of interviewing drivers from the company who have indicated that Shipman never directed them to do any of the things alleged in the complaint. Blackwell said these witnesses have also said that they never witnessed Shipman illegally dumping anything. "There were a number of documents found in the trucks that Allan was unaware of what the drivers were doing while they were out," Blackwell said. "Maybe the lines at the dumping facilities were so long that they didn't feel like waiting in line there." Christopher M. Capozzi, attorney for Allan's Waster Water Services Inc., had no comment. Shipman is free on $500,000 bail. A preliminary hearing is scheduled for June 6-7 before District Judge Glenn Bates. Copyright Observer Publishing Co. EDITORIAL: 'Proactive' approach, well after the fact 3/17/2011 3:33 AM It's interesting to juxtapose the comments made by Consol Energy and environmental officials when Consol announced that it would pay $6 million to settle claims stemming from hundreds of violations of the Clean Water Act at six of its coal mines in West Virginia, including discharges that resulted in a massive fish kill along Dunkard Creek in 2009. The energy company will pay $5.5 million to the federal Environmental Protection Agency, and another $500,000 to West Virginia agencies in connection with the fish kill, but it is doing so without admitting any liability. One company official talked about Consol's desire to avoid "pointless litigation." By pointless, we have to assume Consol means ligitation from which it no doubt would emerge on the losing side. We doubt the company would make such a payment out of the goodness of its corporate heart. Of course, for an outfit that had revenue of $4.6 billion and profit of $540 million last year, perhaps $6 million is viewed as simply a minor annoyance, a pittance to be paid as a cost of doing business the wrong way, in terms of the environment, all those years. Consol announced that in addition to paying the penalties, it would spend hundreds of millions of dollars on a new water-treatment plant to counter high levels of chlorides discharged from four of its mines in northern West Virginia. In a news release, Consol President Nick Deluliis touted the company's "proactive demonstration" of its commitment to operating in an environmentally friendly manner. Hardly. A proactive approach would have been to install the necessary water-purification equipment before the company's discharges repeatedly fouled the water and wiped out aquatic life along 30 miles of Dunkard Creek. Statements from environmental officials carried a different tone. Shawn Garvin, regional EPA administrator, said, "We are committed to cleaning up the waters of Dunkard Creek and the Monongahela watershed, and holding those who pollute it accountable." And Ignacia Moreno, assistant attorney general for the Environmental and Natural Resources Division of the Department of Justice, noted that in the settlement, "Consol takes responsibility for its past failures to abide by the terms of its Clean Water Act permits." Consol might not admit liability, but accountability and responsibility will work just fine. Now, if Consol would only drop its appeals and ante up the money needed to repair the dam at Ryerson Station State Park's Duke Lake, which the state Department of Environmental Protection determined was damaged by the company's longwall mining operations in the area. Another "proactive" approach would be much appreciated by the people who have lost the use of that wonderful recreational resource. Copyright Observer Publishing Co. Charleston Gazette Friday 18 March 2011: 19 delegates call for Marcellus permit moratorium March 17, 2011 by Alison Knezevich In the final hours of the legislative session Saturday night, Delegate Mike Manypenny, D-Taylor, was writing to state Department of Environmental Protection Secretary Randy Huffman and collecting signatures from fellow delegates for the letter. With the failure to pass any legislation to regulate Marcellus drilling, Manypenny and others are asking Huffman to issue a moratorium on new permits. Manypenny and Delegate Barbara Fleischauer, D-Monongalia, plan a Capitol press conference tomorrow at 1 p.m. to discuss the proposal. According to the West Virginia Surface Owners’ Rights Organization, the other delegates who signed the letter are: Larry Barker, D-Boone; Anthony Barill, D-Monongalia; Bonnie Brown D-Kanawha; Ray Canterbury, R-Greenbrier; John Doyle, D-Jefferson; Nancy Guthrie, D-Kanawha; Bobbie Hatfield, D-Kanawha; Linda Longstreth, D-Marion; Dale Martin, D-Putnam; Clif Moore, D-McDowell; Don Perdue, D-Wayne; Mary Poling, D-Barbour; Virginia Mahan, D-Summers; Pete Sigler, R-Nicholas; Margaret Staggers, D-Fayette; Joe Talbott, D-Webster; and Danny Wells, D-Kanawha. This entry was posted on Thursday, March 17, 2011 at 7:18 pm and is filed under Environment, House of Delegates. March 17, 2011 House, Senate conferees wrap up state budget work House and Senate budget conferees completed work on the 2011-12 state budget bill (HB2012) Thursday evening -- a bill that designates how state agencies are to spend a total of more than $11 billion for the budget year that begins July 1. By Phil Kabler The Charleston Gazette CHARLESTON, W.Va. -- House and Senate budget conferees completed work on the 2011-12 state budget bill (HB2012) Thursday evening -- a bill that designates how state agencies are to spend a total of more than $11 billion for the budget year that begins July 1. The bill does not include additional funding to hire additional inspectors for new Marcellus Shale drilling sites. On Wednesday, Senate President Earl Ray Tomblin, acting as governor, had requested an additional $2 million for the Department of Environmental Protection budget, in light of the Legislature's failure to pass a bill to regulate Marcellus drilling. However, House Finance Chairman Harry Keith White, D-Mingo, said conferees will recommend that Tomblin submit a supplemental appropriation bill that would direct about $1.05 million of state funds that will be left over when the current budget year ends on June 30 to the DEP. Legislators are expected to vote to approve the 2011-12 spending plan -- and act to correct and re-pass any bills vetoed by Tomblin for technical errors -- Friday. That would mark the first time in recent years that the budget session, which this year started Sunday immediately following the end of the regular session, has not extended into the weekend. White said it helped that the House and Senate versions of the budget bill were relatively similar, and that the Legislature did not pass a lot of bills with new spending initiatives. "When we sat down and looked at the bills, we were really pretty close," he said. Senate Finance Chairman Roman Prezioso, D-Marion, did have to build in about $67 million for pay raises for state and public school employees, judges and the adjutant general. CHARLESTON, W.Va. -- House and Senate budget conferees completed work on the 2011-12 state budget bill (HB2012) Thursday evening -- a bill that designates how state agencies are to spend a total of more than $11 billion for the budget year that begins July 1. The bill does not include additional funding to hire additional inspectors for new Marcellus Shale drilling sites. On Wednesday, Senate President Earl Ray Tomblin, acting as governor, had requested an additional $2 million for the Department of Environmental Protection budget, in light of the Legislature's failure to pass a bill to regulate Marcellus drilling. However, House Finance Chairman Harry Keith White, D-Mingo, said conferees will recommend that Tomblin submit a supplemental appropriation bill that would direct about $1.05 million of state funds that will be left over when the current budget year ends on June 30 to the DEP. Legislators are expected to vote to approve the 2011-12 spending plan -- and act to correct and re-pass any bills vetoed by Tomblin for technical errors -- Friday. That would mark the first time in recent years that the budget session, which this year started Sunday immediately following the end of the regular session, has not extended into the weekend. White said it helped that the House and Senate versions of the budget bill were relatively similar, and that the Legislature did not pass a lot of bills with new spending initiatives. "When we sat down and looked at the bills, we were really pretty close," he said. Senate Finance Chairman Roman Prezioso, D-Marion, did have to build in about $67 million for pay raises for state and public school employees, judges and the adjutant general. New initiatives in the budget also include about $6 million of additional funding for the Public Employees Insurance Agency and the Children's Health Insurance Program (CHIP), to expand coverage to include treatment for children with autism spectrum disorders, and $6 million of Lottery revenue for a fund to allow Eastern Panhandle counties to upgrade wastewater treatment facilities under a federal mandate to reduce pollution in the Chesapeake Bay watershed. White noted that, unlike many states, West Virginia's economy has been relatively stable. He said the budget bill does not impose any significant funding cuts, even though the current budget was balanced using about $200 million of one-time federal stimulus funds. "The Senate president and ourselves feel pretty comfortable with the future finances of the state," he said. However, he noted that the state budget is heavily reliant on extractive industries, including production of coal and natural gas, and on gambling. The 2011-12 general revenue budget -- the portion of the budget funded through state tax collections -- will top $4 billion for the first time in state history, an increase of about $250 million. Overall, though, the total $11 billion spending plan will decrease by about 2 percent from the current budget, primarily because of reductions in federal funds. "We've tried to keep it as tight as we can," Prezioso said of the budget plan. Reach Phil Kabler at ph...(a)wvgazette.com or 304-348-1220. New initiatives in the budget also include about $6 million of additional funding for the Public Employees Insurance Agency and the Children's Health Insurance Program (CHIP), to expand coverage to include treatment for children with autism spectrum disorders, and $6 million of Lottery revenue for a fund to allow Eastern Panhandle counties to upgrade wastewater treatment facilities under a federal mandate to reduce pollution in the Chesapeake Bay watershed. White noted that, unlike many states, West Virginia's economy has been relatively stable. He said the budget bill does not impose any significant funding cuts, even though the current budget was balanced using about $200 million of one-time federal stimulus funds. "The Senate president and ourselves feel pretty comfortable with the future finances of the state," he said. However, he noted that the state budget is heavily reliant on extractive industries, including production of coal and natural gas, and on gambling. The 2011-12 general revenue budget -- the portion of the budget funded through state tax collections -- will top $4 billion for the first time in state history, an increase of about $250 million. Overall, though, the total $11 billion spending plan will decrease by about 2 percent from the current budget, primarily because of reductions in federal funds. "We've tried to keep it as tight as we can," Prezioso said of the budget plan. Reach Phil Kabler at ph...(a)wvgazette.com or 304-348-1220. Wheeling WV THE INTELLIGENCER: Halt To Drilling Permits Wanted Some lawmakers seek moratorium until new rules are put into place March 18, 2011 - By CASEY JUNKINS Staff Writer WHEELING - A group of West Virginia legislators wants the state's Department of Environmental Protection to stop issuing natural gas drilling permits until new regulations are in place. State Sen. Orphy Klempa, D-Ohio, is not sure such a moratorium on new drilling permits would be worthwhile, however, because the DEP has already issued more than 900 such permits for gas companies to work in the Marcellus Shale. "Having 15 inspectors for 59,000 wells is clearly inadequate. We need to drastically increase the number of inspectors," said Delegate Barbara Evans Fleischauer, D-Monongalia. DEP Secretary Randy Huffman has said his Office of Oil and Gas now has 17 positions for well inspectors, but not all of those jobs may be filled. If there currently are 15 inspectors, that means each would be responsible for overseeing 3,933 wells. Fleischauer and about 20 other legislators have already signed the moratorium request they are forwarding to Huffman. However, none of these legislators hail from the Northern Panhandle. Acting Senate President Jeff Kessler, D-Marshall, said he was unaware of the moratorium request, emphasizing his commitment to see the natural gas industry operate in an effective and safe manner throughout the state. Klempa recognizes the need for action, but said preventing the issuance of more drilling permits would not solve the problem. "I am hearing now that the industry doesn't really need any more permits right now. Now, their problem seems to be that they don't have enough drilling rigs to act on the permits they already have," he said. There are now several well sites established in Ohio County that have recently seen gas rigs in use, including the Didriksen site on Dement Road and the Gantzer site near The Highlands. "I think that after the special primary election, we will be able to have a special session to get this Marcellus Shale legislation done," Klempa said in reference to the May 14 gubernatorial primary election. "I feel we will get some meaningful legislation on this." During the regular legislative session that ended Saturday, senators passed a bill that would have increased horizontal well drilling permit fees from $650 to $5,000. The bill failed to clear the House, however. "We were close to an agreement, but just ran out of time," Fleischauer said. "There was no one thing that de-railed it." The delegate said she does not believe allowing the industry to operate the way it does now is "an alternative worth tolerating." Fleischauer also questions acting Gov. Earl Ray Tomblin's plan to ask the legislators to increase revenues for the DEP as part of a new state spending plan. "Our proposal would have made the drilling companies pay for more inspectors," Fleischauer said. "The governor wants us to direct money that we would already be using for something else to pay for the inspectors. If this industry is going to reap such huge profits, they should have to pay for more inspectors." The governor has also told Huffman to pursue new regulations for these drilling operations, in the absence of legislative action. Tomblin cited Huffman's in-house rulemaking powers and said that "West Virginians deserve a comprehensive regulatory structure" governing this industry." However, Fleischauer does not see this as a real solution. "The regulations as written are the law. The fees to charge for permits are written in the law," she said. Natural gas compressor station worries Fayette residents By Cindy Ekas FOR THE TRIBUNE-REVIEW Friday, March 18, 2011 Fayette County residents expressed concerns about water, soil, air and noise pollution Thursday night at an informational open house for Burnett Oil Co. Inc.'s proposed construction of a natural gas compressor station. The site is on county-owned property in the New Salem area. Evelyn Hovanec, a member of the Fayette County Marcellus Shale Task Force created by county Commissioner Angela Zimmerlink, called the session held at the McClellandtown Volunteer Fire Department informative. "I'm concerned about how the compressor station will affect soil, water and air quality in the future," Hovanec said. "If you look at history, what's taking place now is very similar to what happened with the coal industry in this area. We have to be concerned about protecting the environment for future generations. We also have to concerned about protecting tourism and our natural resources." More than 100 residents who attended the open house were directed to various informational tables where Burnett officials and subcontractors answered questions about the project. Erin Fronczek of 72 E. Main St., New Salem, said she lives across the street from another compressor station that was recently constructed. "No one even told us that the first compressor station was coming," Fronczek said. "We were never even given an opportunity to voice our concerns. At least, we're getting a chance to ask questions and talk about our concerns this time." Burt Walker, engineering manager for Burnett Oil Co. Inc's Canonsburg office, said the proposed compressor station site is about 200 feet south of New Salem Road. He explained that a compressor station takes low pressure natural gas from multiple wells and prepares it for transfer into a transmission pipeline by removing water from the gas and increasing the pressure to match the transmission line pressure. The proposed Shoaf compressor station would have six compressors and water removal equipment. Burnett Oil Co. has reached an agreement with Texas Eastern Transmission Co. to feed gas into its pipeline, Walker said. "This pipeline travels from east to west across Fayette County north of the intersection of Krulock and New Salem Roads," he said. "The natural gas will be transported along the East Coast from Baltimore, Md., to New York City." The proposed location for the compression station was selected specifically because of its distance from homes and other buildings, he said. Walker said there will be vehicles traveling to and from the site while building is under way. "We anticipate this traffic to amount to 20 to 30 vehicles per day," he said. "Construction is expected to last about three to four months. After construction, typically, one vehicle per day will enter the compressor or meter station once construction is complete." Walker said state Department of Environmental Protection prohibits companies from allowing odors to escape from such sites. DEP will conduct periodic inspections of the facilities to ensure that they are within compliance, he said. Zimmerlink attended the open house. Commissioners Vince Vicites and Vincent Zapotosky did not. Murrysville mayor voices Marcellus concerns By Daveen Rae Kurutz MURRYSVILLE STAR Friday, March 18, 2011 Concerns about air and water quality spurred a Murrysville official to ask state legislators for help. Mayor Bob Brooks, after reading a series of articles in The New York Times detailing hazards associated with wastewater from the Marcellus shale fracking process, sent a plea to Sen. Don White (R-41), Rep. Eli Evankovich (R-54) and Rep. Joe Markosek (D-25). In his letter, Brooks requested the legislators take a stand to protect water and air near shale drilling sites. "Air and water are state responsibilities because you are supposed to have access to the expertise," Brooks said in the letter. "Surely, the state can get the money from that industry to police it and protect us. There can be no excuse accepted. You must depend on accountability. It seems to me that 'your responsibility' must be to stop the process until the state gets it fixed." This was not Brooks' first public support of a moratorium on Marcellus shale drilling. Last year, he sent a letter to legislators requesting a two-year moratorium from the state so that the Department of Environmental Protection and other state agencies would have enough time to prepare for shale drilling. "What you've got to do is hold up a little bit," Brooks said. "Then, let the permits get going again. It needs to slow down a bit." Currently, there are no permits issued to drill a Marcellus well in the municipality. Council is reviewing a proposed ordinance that would restrict where drilling occurs in Murrysville; however, that ordinance has been met with a mix of resistance and support from the community. Recent public hearings, as well as regular council meetings, have had numerous resident comments against drilling in the municipality. However, the past few meetings have seen additional residents supporting the ordinance. Brooks said he addressed the state legislators because local officials have no authority to regulate air and water. The state Oil and Gas Act gave that responsibility to state officials. "If people want to put those restrictions or controls or tests on Marcellus shale, they need to go to the state," Brooks said. Evankovich, who serves on the House Environmental Resources and Energy committee, said he has received a lot of information about shale drilling since taking office in January. "The simple truth is we are being presented with a mixture of information, some factual, some emotional," Evankovich said. "We have to separate the two and understand what is going on. We need to make sure this process is being done as safely as possible." Evankovich said he isn't against drilling, but he wants to make sure his constituents and their communities are safe. "I support fixing the industry," he said. "I do not support destroying the industry. We need to make sure what needs to be done and what is being done meet the high standards we set for ourselves." Evankovich said there will be public hearings and many more discussions about the air and water quality near shale drilling. Joe Pittman, White's chief of staff, said the same thing will be coming out of the Senate. Pittman said White has been concerned about the negative impacts drilling could have on water and air quality in the commonwealth. White sits on the Senate Environmental Resources and Energy committee, which is taking a closer look at the New York Times report, which questions the safety of Pennsylvania's water. That committee is planning hearings and reviewing legislation that would institute additional water and air protections, Pittman said. "Sen. White absolutely believes we need to make sure public safety is the number one priority," Pittman said. "If there are pollution issues, they need to be addressed and corrected." But so far, there haven't been major pollution issues, according to DEP. The department reported Monday that tests of water located downriver from treatment plants that handle shale wastewater didn't show dangerous levels of radioactivity. The samples, which were taken in November and December, came from the Monongahela, Conemaugh, Allegheny, Beaver and Tioga rivers, South Fork Ten Mile Creek and the west branch of the Susquehanna River. Daveen Rae Kurutz can be reached at dmclaughlin(a)tribweb.com or 412-856-7400 x8627. ----- Original Message ----- From: Julie Archer To: Beth Little Cc: Sent: Thursday, March 17, 2011 1:34 PM Subject: Lewisburg drilling resolution, ordinance http://www.register-herald.com/local/x449494771/Gas-drilling-regulations-in… March 17, 2011 Gas drilling regulations inadequate, council says By Tina Alvey Register-Herald Reporter The Register-Herald Thu Mar 17, 2011, 12:03 AM EDT LEWISBURG — State regulations pertaining to the development of the Marcellus shale gas reserves are inadequate, according to a resolution that Lewisburg City Council voted Tuesday evening to send to legislators and the acting governor. In the resolution, city officials expressed their concerns about the lack of protection afforded the state’s water resources, particularly the Greenbrier River watershed, which is the source of water for Lewisburg’s regional system, serving 4,732 customers. “State regulations do not adequately regulate the amount of water that can be withdrawn from aquifers and public bodies of water by Marcellus shale development companies in West Virginia,” the resolution reads. Reference is also made to “contamination from liquid byproducts of hydraulic fracking technologies being released into public bodies of water.” The resolution points to a lack of funding for adequate numbers of inspectors at the state Department of Environmental Protection (DEP) to monitor the Marcellus developers. “Its not (DEP’s) fault,” Mayor John Manchester said, noting that regulatory legislation proposed but not acted upon this year would have increased permit fees, thereby providing a revenue source for hiring more inspectors. The mayor said DEP currently employs only 19 inspectors, but the state has issued more than 50,000 gas drilling permits. The resolution calls for the governor to call a special session of the legislature to address the regulatory issue in a timely fashion and to declare a moratorium on horizontal drilling permits in the Marcellus shale until adequate regulations protecting water supplies are in place. Acting Gov. Earl Ray Tomblin has shown no inclination to convene a special session on the Marcellus issue, instead calling on legislators to find more money in the budget to hire additional DEP inspectors and instructing DEP Secretary Randy Huffman to formulate new regulations within the department. In a related matter, council approved the second and final reading of an ordinance prohibiting “locating, drilling, equipping or producing of any oil and gas” in any district within the city limits. In other business: Council adopted a general fund budget of $4.37 million for fiscal year 2011-12, as well as a $15,000 coal severance budget. The coal severance revenue is once again being allocated to parks projects and, upon the mayor’s request, $8,000 from contingency funds will be set aside “to allow for projects as they may show themselves” to tout Lewisburg’s recent selection as America’s Coolest Small Town in a Budget Travel magazine contest. Public Works director Mark Carver predicted the Route 219 North sidewalk project will begin in late April or early May. When complete, the sidewalk will link the downtown business district to Wal-Mart. Carver noted interest in recycling is increasing, leading the city to obtain containers from the Greenbrier County Recycling Center in Ronceverte for pre-sorting at the city shop. He also reminded would-be recyclers to wash out containers before depositing them for pickup. — E-mail: talvey(a)register-herald.com Julie Archer WV Citizen Action Group 1500 Dixie Street Charleston, WV 25311 (304) 346-5891 (304) 346-8981 FAX www.wvcag.org From: Beth Little To: Sent: Thursday, March 17, 2011 9:23 AM Subject: Lawsuit over gas royalties Ah, those gas companies. http://www.timesleader.com/news/ap?articleID=6694922 Don Strimbeck, Sec/Treas Upper Mon River Assoc UpperMon.org MonRiverSummit.org WVU t-shirts & prints - FindHarri.com 109 Broad Street, P. O. Box 519 Granville WV 26534-0519 304-599-7585 (fax 4131) dcsoinks(a)comcast.net

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Re: [EC] [CLEAR] Dunkard Creek Fish Kill Settlement
by James Kotcon 14 Mar '11

14 Mar '11

Major news today on Dunkard Creek. Please recall that the Sierra Club had filed a Notice of Intent to sue ConSol over this one, but did not actually file the lawsuit after EPA got involved. Also note that this Consent Decree is subject to a 30-day Pubic Comment period. Some are wondering why such a massive and prolonged spill resulted in only $500,000 in Natural Resources Damage assessments in Monongalia County. Now if ConSol can spend that kind of money on he headwaters of Dunkard Creek and other streams, do you suppose that Longview/AMDRI might be required to use this technology on their discharges at the Steele Shaft near the mouth of Dunkard Creek? For information on specifics of the consent decree, please review the press release from EPA. It does not have quite the "cheerleading for coal" tone that the DEP press release does. And perhaps if DEP had ben more diligent in their enforcement back in 2007-09, the fish kill might never have happened. Available at: http://yosemite.epa.gov/opa/admpress.nsf/ab2d81eb088f4a7e85257359003f5339/1… More details, including a link to the Consent Decree (58 pages), are available at: http://www.epa.gov/compliance/resources/cases/civil/cwa/consol.html Jim Kotcon 304-293-8822 (office) 304-594-3322 (home) >>> <Duane330(a)aol.com> 3/14/2011 5:46 PM >>> DUNKARD CREEK FISH KILL SETTLEMENT ============================================================ Monday, March 14, 2011 @ 3:07 PM ============================================================ The West Virginia Department of Environmental Protection and the state Division of Natural Resources have entered into a proposed settlement with CONSOL Energy in which the company has agreed to pay $500,000 for natural resources damages in Dunkard Creek in Monongalia County. The $500,000 settlement is in addition to a $5.5 million civil penalty the company will pay and nearly $200 million the company will spend on the construction of an advanced water treatment plant to address high levels of chlorides discharged from four of its underground mines in northern West Virginia. Both the civil penalty and the water treatment plant are part of a settlement the company entered into with the U.S. Department of Justice, the U.S. Environmental Protection Agency and the WVDEP. In September 2009, thousands of fish, mussels and amphibians were killed in Dunkard Creek because of toxins produced by Golden Algae that had begun blooming in the stream. Golden Algae, which is not native to West Virginia’s fresh water streams, is more commonly found in brackish or salty water bodies. Although it was never determined how the Golden Algae was introduced into Dunkard Creek, research indicated that nutrients and high levels of chlorides and dissolved solids can contribute to its growth. “In the days immediately following the fish kill in Dunkard Creek, CONSOL voluntarily worked with the DEP and the EPA to proactively manage their mining operations to minimize the risk of another algae outbreak while at the same time keeping their miners working,” said DEP Cabinet Secretary Randy Huffman. With requirements put in place by the WVDEP to reduce the amount of chlorides and total dissolved solids (TDS) in Dunkard Creek, the Monongalia County stream continues to avoid dangerous algae blooms that can threaten aquatic life. Additionally, the state DNR reports that fish are returning to Dunkard Creek following the massive kill. A fish survey conducted at one station on Dunkard Creek a month following the September 2009 fish kill revealed only four species of fish. By July 2010, sampling revealed 29 species at that same station. In 2005, the same location had 33 species. On Dec. 18, 2009, the WVDEP issued the first of two orders to CONSOL that addressed the company’s mine water management in relation to CONSOL pumping water from its underground mining operations into Dunkard Creek; established Golden Algae monitoring requirements for CONSOL; called for the company to monitor for chlorides, TDS, selenium and specific conductance at various outlets on Dunkard Creek; and set chloride and specific conductance levels for CONSOL discharges. Patrick Campbell, of the WVDEP’s Division of Water and Waste Management, said Dunkard Creek has been free of Golden Algae since January 2010. “Multiple locations on Dunkard Creek have been monitored weekly by the company and periodically by us (WVDEP) since January and nothing has turned up,” Campbell said. “We also sampled 40 other locations around the state last summer and didn’t find Golden Algae, which I think is significant. As far as we can tell right now, this was isolated to Dunkard Creek.” Still, Campbell said the WVDEP would likely monitor for Golden Algae “for the next four or five years or until we get some confidence level that this was an isolated event.” Although it will likely take decades for the mussel population to return, DNR biologists found that fish such as minnows, darters and suckers are returning to Dunkard Creek from tributaries and some reproduction is occurring. “This is a reflection that water quality has improved and is being maintained,” Campbell said. Mining is critical to our state’s economy, but clean water is paramount. The cooperative efforts by all involved are protecting both. According to CONSOL, not one job will be lost, but the plan will result in clean water. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> _http://www.prnewswire.com/news-releases/consol-energy-reaches-ground-breaki ng-clean-water-agreement-with-us-epa-and-west-virginia-dep-117939064.html_ (http://www.prnewswire.com/news-releases/consol-energy-reaches-ground-breakin g-clean-water-agreement-with-us-epa-and-west-virginia-dep-117939064.html)

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Marcellus - Request a special session from the Governor
by Jonathan Rosenbaum 14 Mar '11

14 Mar '11

New Jersey just banned hydraulic fracturing in their state. West Virginia doesn't even keep track of where the millions of gallons of toxic waste water are going. PLEASE take two minutes and call Acting Governor Tomblin's office and leave a message with his secretary (she's very nice) requesting he call a special session to regulate Marcellus Shale gas drilling. 304-558-2000. -Jonathan

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Re: [EC] DP article re: Albright
by Cindy Rank 14 Mar '11

14 Mar '11

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Re: [EC] DP article re: Albright
by Jim Sconyers 14 Mar '11

14 Mar '11

I hadn't seen it - thanks Cindy. Frankly I find this shocking - that a right-wing newspaper would set itself up to refute - in their view at least - the science behind the charges. And it's bizarre that they want to dispute the company's own reported discharges. All the more reason to be glad this is moving ahead to litigation. Jim Sconyers jim_scon(a)yahoo.com 304.698.9628 Remember: Mother Nature bats last. ________________________________ From: Cindy Rank <clrank(a)hughes.net> To: mbecher(a)appalachian-center.org; jlovett(a)appalachian-center.org; derek_teaney(a)yahoo.com; mjanes(a)hardynet.com Cc: sminney(a)wvrivers.org; jkotcon(a)wvu.edu; jim_scon(a)yahoo.com; hugh.rogers(a)gmail.com Sent: Mon, March 14, 2011 9:24:11 AM Subject: DP article re: Albright In case you haven't seen this article: Local page 9-A DOMINION POST Monday 14 March 2011: UPDATE Test: Water meets standards Groups say Mon Power is polluting BY MICHELLE WOLFORD The Dominion Post KINGWOOD — Three environmental groups have threatened to file suit against Mon Power over arsenic levels from coal ash dumps near the Albright Power Plant, which the company owns. The groups — West Virginia Highlands Conservancy, W.Va. Rivers Coalition and Sierra Club of West Virginia — claimed in a letter sent to the company in February that those levels are “unlawfully high” in the Cheat River. The groups also claim the company is not reporting selenium discharge with enough accuracy to determine if it violates its DEP permit. On Feb. 22, The Dominion Post collected water samples from the Cheat about one mile upstream from the Albright Power Plant, and a quarter of a mile downstream from the plant. The samples were tested for arsenic and selenium by Reliance Laboratories Inc. of Bridgeport. Results received this week show that the water in the Cheat River meets Water Quality Standards. Neither sample revealed either mineral at a level above the permit restrictions. The samples were not obtained on Mon Power property nor at the same sites where the company checked its discharge. But they were collected before drainage from the coal ash dumps enters the river and after. Numbers provided by the groups, which the state DEP has confirmed are Mon Power’s (then known as Allegheny Power) readings at the Albright plant, indicate the company did exceed its discharge limit for arsenic from July to December of 2010. “Each discharge amount that exceeds permit limits is an unlawful and unpermitted discharge, and therefore, is not shielded from liability” under the Clean Water Act, the groups told the company in a letter, which threatens a lawsuit seeking civil penalties and “for an injunction compelling it to come into compliance with the Act and its permit requirements if no remediation steps are outlined.” According to Kathy Cosco, a spokeswoman for the West Virginia DEP, exceeding permit limits “does not always trigger notices of violation or penalties.” If the DEP notices a pattern of “exceedences,” she said, “the DEP will work with the company to determine what the problem is. If the company can’t get them in line, or if they fail to take steps necessary to rectify the situation, then the agency will start down the path of assessing penalties. “There are instances where the nature or severity of a single violation may result in the assessment of a penalty,” Cosco said. “Generally speaking, however, an individual exceedance reported on a Discharge Monitoring Report would not trigger an enforcement action. The company is expected to take necessary measures to achieve compliance with the permit.” The environmental groups also claim Allegheny Power isn’t accurately reporting selenium discharges into the Cheat River. “From March 2010 through October 2010, Allegheny Energy reported the concentration of selenium in its effluent with only three significant digits — too few for the undersigned, the DEP, or the public to determine whether a violation had occurred.” According to Cosco, “the company has what is a called a variance: A condition that allows the facility a threeyear period during which it may exceed its selenium limits three times before a violation is triggered.” In other words, if the company exceeds the 0.005 mg/l (milligrams per liter) four times in a 36-month period then the exceedence is considered a violation. When the legislature passed this variance, it applied to monitoring that began Jan. 25, 2010, so the permit just completed the first year of the threeyear period. In the letter to Allegheny Energy, the three groups claim Allegheny Energy “has met and possibly exceeded its limit of 0.005 mg/L on at least five separate occasions. ... Because Allegheny Energy is apparently rounding to the nearest part per billion (equivalent to a thousandth of a mg/L), a reported 0.005 mg/L could reflect a discharge with a selenium concentration from 4.51 parts per billion to 5.49 parts per billion.” Testing done on behalf of The Dominion Post showed the selenium level at less than 0.004 mg/L upstreamm and downstream from the plant, which is in compliance with its permit limit. The letter asserts that by rounding off the numbers, the company “has the potential to hide violations of its permits, and is therefore not in accordance with the monitoring and reporting requirements of the Clean Water Act.” “Our concern is that the standards set by DEP to protect human health and the environment are not being met,” said Mike Becher of the Appalachian Center for the Economy and the Environment, who represents three nonprofits. “An additional consideration is that just downstream of this discharge is a trout stream —- Daugherty Run,” he said. Becher said the technology exists to treat pollutants, such as arsenic. “The best result from our perspective is to achieve compliance with the legal limits in the permit.” David Neurohr, an Allegheny Energy spokesman, said the company had no comment “until we can see something a little more definite.” He said he had not seen the letter sent to Daniel C. McIntire, Allegheny’s vice president of Generation Operations.

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CELEBRATING THE "GREEN" FUITURE...on March 17th
by Allan Tweddle 12 Mar '11

12 Mar '11

I goofed... I forgot to give you the date...17th of Irish/March! So...come and hear Charlie speaking of "Celebrating the Green (Energy)" on St. Patrick's Day, and to learn more about Global Climate Change, I urge you to attend a presentation by one of the State's successful and respected native sons who is knowledgeable about the utility industry, Global Climate Change and future trends. Charles E Bayless, Retired President of WV Tech in Montgomery, former CEO of BOTH New Hampshire Power and Light as well as Tucson Electric, will speak at the Engineering Hall on the WV Tech Campus at 1:00 p.m. on Thursday March 17th. (The Engineering Hall is at the West end of the Campus, the closest building on campus to Charleston) Dr. Bayless is an internationally recognized and pragmatic source of experience and knowledge of the electric power industry. He serves on several international Boards including the Ontario Power Authority in Toronto and West Virginia Water in Charleston. He is a double degreed electrical engineer (WV Tech & WVU), with an MBA (Michigan) and a law degree from WVU. Allan

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GLOBAL CLIMATE CHANGE; CRISIS OR OPPORTUNITY FOR WEST VIRGINIA?
by Allan Tweddle 12 Mar '11

12 Mar '11

Global Climate Change is real and West Virginia needs to step up and participate in correcting this major man made threat to our planet. If you want to learn about the science, and participate in a dialogue as to how we can and must take corrective action, come to one of the most thoughtful and informative presentations you will ever hear on the subject. Please notify all you can about a speech and slide presentation next week that will be well worth you and your colleagues (and members/readership) to attend. As the announcement in the Charleston Daily Mail announced last week; "Charles Bayless, former president of WVU-Tech will speak next week in Montgomery about his belief that global climate change is the greatest danger facing humanity. Bayless will speak at 1:00 p.m. in WVU Tech's Engineering Auditorium. A native of Dunbar, Bayless is a former CEO of Tucson Electric Power, former President and CEO of Illinois Power Co's Illinova Group, an integrated electric and gas utility. (The Engineering building is at the West end of the campus.) Bayless earned a Bachelor's degree in electrical engineering (EE) from Tech, an Masters Degree in EE from WVU, an MBA from Michigan and a Law Degree form WVU. For more information about Bayless Presentation, call Amy Moore [at the College] at (304) 442-3169 On a personal note, I will tell you that I have had the privilege to get to know Charlie Bayless as he has been a member of our emerging company's board of directors and an angel investor. Together, we are building a manufacturing business that will not only cut the carbon footprint of every Boeing and Airbus plane that uses our patent pending system, but we will operate a manufacturing plant whose carbon footprint will be ZERO by 2020. Come, hear and see the truth and science from this global expert, for what I believe, is the critically serious nature of the complex issues of global climate change. And, then you too will be better informed, can think about, and maybe act upon, the many opportunities for innovation to solve humanity's most critical threat in history. Hope to see you there Allan

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WV EQB rules in favor of Sierra Club on conductivity re: NPDES permits
by Frank Young 10 Mar '11

10 Mar '11

Blank Word just coming in this afternoon that the West Virginia Environmental Quality Board has ruled for the Sierra Club in a major permit appeal that put the spotlight on conductivity pollution from strip mines and on the U.S. EPA’s effort to crack down on mountaintop removal. http://blogs.wvgazette.com/coaltattoo/2011/03/10/wvdep-ordered-to-set-permi…

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