- MVCAC - lists.bikelover.org

Climate Change and You - Save the Date!
by Duane 18 Jan '14

18 Jan '14

> From: FRIENDS OF BLACKWATER <outreach(a)saveblackwater.org> > Date: January 18, 2014 > Subject: Climate Change and You - June 7th - Save the Date! > Reply-To: outreach(a)saveblackwater.org > > > > > In West Virginia's beautiful Allegheny Highlands, rising global temperatures are changing historic weather patterns. > > The sensitive ecosystems of iconic landscapes like the Blackwater Canyon and Canaan Valley, and rare species like "Ginny" the West Virginia flying squirrel squirrel, -- are at serious risk from climate change. > > On Saturday, June 7, 2014, Friends of Blackwater will host a day-long public conference at Blackwater Falls State Park Lodge, with expert speakers and discussion opportunities, on the impacts of climate change on the Highlands region. > > > Please mark June 7, 2014 in your calendar -- and click here for more conference information and to receive e-updates. We do not share your contact information. > > FOB Highlands Climate Change Impacts Project Leader > Tom Rodd > thomasrodd(a)hotmail.com > 304-265-0018 or 304-541-4494. > FOB Charleston Office 304-345-7663 > > > > FRIENDS OF BLACKWATER INC | 501 Elizabeth Street | Charleston | WV | 25311

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MVCAC -- Skytruth Alert: NRC Report: Unknown Material near Lakelynn, PA 2014-01-15
by Duane 16 Jan '14

16 Jan '14

> Subject: Skytruth Alert: NRC Report: Unknown Material near Lakelynn, PA 2014-01-15 > > http://alerts.skytruth.org/report/d5317d7d-f6c2-37c9-86fe-d55ba77bcc0e#c=st… > > Report Details > NRC Report ID: 1071256 > Incident Time: 2014-01-15 16:45:00 > Nearest City: Lakelynn, PA > Location: 585 HOPE HOLLOW RD > Incident Type: FIXED > Material: UNKNOWN MATERIAL > Medium Affected: AIR > Suspected Responsible Party: MARK WEST ENERGY/ WILLIAMS ENERGY > SkyTruth Analysis > Lat/Long: 39.751679, -79.876212 (Approximated from street_address) > Report Description > CALLER IS REPORTING A STRONG ODOR IN THE ATMOSPHERE. IT IS SUSPECTED THAT THE ODOR/ POTENTIAL RELEASE IS FROM THE COMPRESSOR STATION THAT IS ON SITE. > Monitor this location View Nearby Alerts >

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MonValley Clean Air Coalition: Prepare for January oil and gas hearings in PA
by Duane 07 Jan '14

07 Jan '14

To: MVCAC. I propose that the MVCAC prepare a statement for presentation at Washington, PA, on January 22nd. Marcellus gas operations are generating significant levels of hydrocarbons from leakage plus diesel exhausts affecting Brooke, Ohio, Marshall, Wetzel, Monongalia, and Preston counties in WV as well as the adjoining counties in PA. Air pollution does not observe State boundaries. Compressor stations are also generating NOx and other pollutants. The great concern is the continuing expansion of these activities. Duane Nichols, Cell- 304-216-5535. > From: Matt Walker <mwalker(a)cleanair.org> > Date: January 7, 2014 12:45:40 PM EST > To: duane330(a)aol.com > Subject: MonValley Clean Air Coalition: Sign-up for January oil and gas hearings > > View a web version of this email. > > > > > > REGISTER TO SPEAK! > > Dear MonValley Clean Air Coalition, > > The Department of Environmental Protection (DEP) and the Environmental Quality Board recently announced that a public comment period, including six public hearings, is open for the proposed revisions to oil and gas regulations. The regulations include a consideration of drilling impacts on public resources as well as standards related to managing drilling waste, waste water and fresh water impoundments, and requirements for finding and dealing with abandoned wells close to proposed well sites. > > REGISTER NOW TO SPEAK AT A DEP PUBLIC HEARING > > This is your chance to voice your opinion on these important environmental regulations through written comment or at public hearings in January. The first hearings are this week, but it’s not too late to register and speak. Please see the talking points below to get started. > > > How to Comment: > > To view documents on the proposed regulation, visit www.dep.state.pa.us and click the “Proposed Oil and Gas Regulations” button. > > You can submit comments to the Environmental Quality Board online using http://www.ahs.dep.pa.gov/RegComments > > You can also submit comments by e-mail to RegComments(a)pa.gov. > > The comment period ends on Feb. 12th 2014. > > * Clean Air Council will be sending out an action alert comment on Chapter 78 regulations in the coming weeks. > > > Other Ways to Register to Speak: > > Please see the list of public hearing locations and dates below and contact DEP at 717-787-4526 to sign up to speak at one of the hearings. Groups including Clean Air Council are also requesting additional hearing locations and a comment deadline extension to allow for more participation. > > The public hearings will begin at 6 pm at the following locations: > > Wyoming County > > Jan. 7, 2014, Tunkhannock High School Auditorium, 135 Tiger Drive, Tunkhannock, PA 18657 > > Chester County > > Jan. 9, 2014, West Chester University of Pennsylvania’s Sykes Student Union Theater, 110 West Rosedale Avenue, West Chester, PA 19383 > > Lycoming County > > Jan. 13, 2014, Pennsylvania College of Technology’s Klump Academic Center, One College Avenue, Williamsport, PA 17701 > > Crawford County > > Jan. 15, 2014, Meadville Area Senior High School Auditorium, 930 North Street, Meadville, PA 16335 > > Cumberland County > > Jan. 16, 2014, Good Hope Middle School Auditorium, 451 Skyport Road, Mechanicsburg, PA 17050 > > Washington County > > Jan. 22, 2014, Washington and Jefferson College’s Rossin Campus Center / Allen Ballroom, 60 South Lincoln Street, Washington, PA 15301 > > Indiana County > > Jan. 23, 2014, Indiana University of Pennsylvania’s Convention and Athletic Complex, 711 Pratt Drive, Indiana, PA 15705 > > > Public Hearing Talking Points drafted by a coalition of environmental organizations: > > Berks Gas Truth * Clean Water Action * Delaware Riverkeeper Network * Earthworks * Clean Air Council * Damascus Citizens for Sustainability, Inc * Sierra Club, Pennsylvania Chapter > > Proposed changes to Pennsylvania’s oil and gas regulations > > Key concerns and talking points > > In mid-December, the Department of Environmental Protection (DEP) issued proposed changes to the state’s oil and gas regulations, known as Chapter 78 of the Pennsylvania Code. Act 13, the oil and gas law passed in 2012, requires DEP to make these changes. They are also necessary because regulations for conventional drilling are outdated and inadequate given the large amount of land and water used and waste and pollution produced in shale gas development. > > Public participation is essential to making regulations stronger and more protective of air, water, and health! You have until February 12 to submit written comments or testify at hearings. You can use the analysis and talking points below (which cover key parts of the regulations) to prepare your comments. The regulations and public comment information are at: www.portal.state.pa.us/portal/server.pt/community/public_resources/20303/su… > > Please make sure to request that the comment period be extended to 120 days to allow sufficient time for public review and that DEP schedules additional hearings in locations with extensive gas development. > > 1. Pre-drill water testing and the restoration and replacement of contaminated water supplies (Sections 78.51 and 78.52). We learned through DEP’s determination letters that natural gas drilling operations have impacted at least 161 water supplies statewide. The natural gas industry has fought to have water restored to only pre-contamination conditions—even if it is not safe to drink. In addition, DEP leaves it up to the driller to decide when, where, and how to conduct water quality tests before drilling starts. DEP should require: > > Operators to restore contaminated drinking water to a quality that meets Safe Drinking Water Act standards, no matter what the quality of the water prior to drilling. If the quality of a water supply prior to drilling was above these standards, the operator must restore the water to that higher standard; otherwise, good water supplies will be degraded. > > All drillers to use a consistent list of parameters for pre-drill water testing, which DEP must establish before the proposed regulatory changes are adopted. The parameters should be as comprehensive as possible, but at a minimum match what DEP uses when it conducts full contamination investigations and to ensure that complete baseline data is available. > > All drillers make pre-drill data available to the public, while protecting individual homeowners’ privacy, through an online platform, which DEP must establish before the proposed regulatory changes are adopted. > > 2. Standards for frack pits and impoundments (Sections 78.56, 78.57, 78.58, and 78.59). Mounting violations and the potential for water and air pollution have already led some companies to transition away from pits and standardize the use of closed loop systems which utilize tanks to store wastewater. DEP should: > > Prohibit operators from using open pits for storage of regulated substances, including wastewater, drill cuttings, and substances (like gels and cement) that return to the surface after fracking. Many spills, leaks, and other problems involving pits have occurred statewide that contaminate water, soil and air. Waste should be stored only in closed systems. > > Prohibit the onsite processing of shale drill cuttings, which often contain hazardous substances and radioactive materials and require thorough analysis and special handling. > > Define “freshwater” that is used in oil & gas operations. Water leftover from fracking and contaminated fluids being recycled for fracking (such as from mining or sewage) is often mixed with clean water for additional operations. The lack of a clear definition allows operators to avoid regulations on the use and disposal of polluted substances. > > 3. Disposal of brine, drill cuttings, and residual waste (Sections 78.60, 78.61, 78.62, and 78.63, and 78.70) Operators currently escape the strict federal regulation of hazardous substances that other industries have to follow. Yet drilling and fracking generate large amounts of solid and liquid waste that can harm water supplies, air quality, land, health, and wildlife. Pennsylvania should apply U.S. Resource Recovery and Conservation Act standards to regulate all aspects of the storage, transport, and use of hazardous materials contained in pits, centralized impoundments, and tanks. In addition, DEP’s proposed Chapter 78 changes don’t address the risks posed by hazardous waste and do little to improve current regulations or ensure safe disposal. DEP should: > > Prohibit the burial or land application of drill cuttings, which can contain polluting and radioactive substances. DEP proposes different conditions for disposal of drill cuttings from above and below the well casing, but neither makes the practice safe. Cuttings from deep underground may contain more pollutants, but chemical additives and contaminated fluids are also found in drill cuttings from shallower areas. > > Prohibit the onsite burial of waste pits. Buried pits can leak and pollute groundwater over time, yet burial allows operators to walk away from any responsibility after completing operations. > > Prohibit the use of brine for dust suppression, de-icing, and road stabilization. Stormwater runoff carries brine into nearby waterways and wetlands. Not allowing the use of brine from shale gas wells is a positive step, but brine from conventional wells can also push salinity loads far above any naturally occurring conditions. > > Prohibit the land application of tophole water, pit water, fill, or dredged material. These substances can contain chemicals and sediments bound with pollutants that pose risks to water, air and soil. > > 4. Identification of orphaned and abandoned gas and oil wells (Section 78.52(a). This is an important change and should be supported. About 200,000 abandoned wells exist statewide. As drilling spreads and intensifies, so does the chance of accidents, blowouts, and pollution from the intersection of new wells with old ones. DEP should expand these changes and require operators to: > > Identify existing wells before site and well construction and drilling (not just fracking), so that the location of a new well can be changed if needed. > > Plug and seal or otherwise appropriately address abandoned and orphaned wells according to state safety standards prior to well site construction. The state lacks funding to address the large number of old wells, so drillers should be responsible for preventing pollution of adjacent water wells and air pollution from accidents when they occur. > > > > Thank you for helping to protect everyone's right to breathe clean air! > > > Matt Walker > Community Outreach Director > Clean Air Council > > >

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Attend a January Hearing on Penna. Oil and Gas Regs
by Duane 03 Jan '14

03 Jan '14

> From: Matt Walker <mwalker(a)cleanair.org> > Date: January 3, 2014 > Subject: Attend a January Hearing on Penna. Oil and Gas Regs > > > > The Department of Environmental Protection (DEP) and the Environmental Quality Board recently announced that a public comment period is open for the long-awaited proposed revisions to oil and gas regulations that include performance standards for oil and gas activities. The regulation include a consideration of drilling impacts on public resources as well as standards related to managing drilling waste, restoring drilling sites and gathering pipeline construction, and requirements for finding and dealing with abandoned wells close to proposed well sites. > > This is your chance to voice your opinion on these important environmental regulations through written comment or at public hearings in January. Clean Air Council will be sending additional information in the coming weeks, but right now it’s important to get out to one of the public hearings if you can. > > > How to comment > > To view documents on the proposed regulation, visit www.dep.state.pa.us and click the “Proposed Oil and Gas Regulations” button. > > You can submit comments to the Environmental Quality Board online using http://www.ahs.dep.pa.gov/RegComments > > You can also submit comments by e-mail to RegComments(a)pa.gov. > > The comment period ends on Feb. 12th 2014. > > > How to speak at a hearing > > Please see the list of public hearing locations and dates below and contact DEP at 717-787-4526 to sign up to speak at one of the hearings. Groups including Clean Air Council are also requesting additional hearing locations and a comment deadline extension to allow for more participation. > > The public hearings will begin at 6 pm at the following locations: > > Wyoming County > > Jan. 7, 2014, Tunkhannock High School Auditorium, 135 Tiger Drive, Tunkhannock, PA 18657 > > Chester County > > Jan. 9, 2014, West Chester University of Pennsylvania’s Sykes Student Union Theater, 110 West Rosedale Avenue, West Chester, PA 19383 > > Lycoming County > > Jan. 13, 2014, Pennsylvania College of Technology’s Klump Academic Center, One College Avenue, Williamsport, PA 17701 > > Crawford County > > Jan. 15, 2014, Meadville Area Senior High School Auditorium, 930 North Street, Meadville, PA 16335 > > Cumberland County > > Jan. 16, 2014, Good Hope Middle School Auditorium, 451 Skyport Road, Mechanicsburg, PA 17050 > > Washington County > > Jan. 22, 2014, Washington and Jefferson College’s Rossin Campus Center / Allen Ballroom, 60 South Lincoln Street, Washington, PA 15301 > > Indiana County > > Jan. 23, 2014, Indiana University of Pennsylvania’s Convention and Athletic Complex, 711 Pratt Drive, Indiana, PA 15705 > > > > Thank you for helping to protect everyone's right to breathe clean air! > > > Matt Walker > Community Outreach Director > Clean Air Council > > > > > >>>>>>>>>>>>>>>>>>>>>>>>>>>>> ..................... <<<<<<<<<<<<<<<<<<<<<<<<< Attend a January Hearing on Oil and Gas Regs The Department of Environmental Protection (DEP) and the Environmental Quality Board recently announced that a public comment period is open for the long-awaited proposed revisions to oil and gas regulations that include performance standards for oil and gas activities. The regulation include a consideration of drilling impacts on public resources as well as standards related to managing drilling waste, restoring drilling sites and gathering pipeline construction, and requirements for finding and dealing with abandoned wells close to proposed well sites. How to comment: To view documents on the proposed regulation, visit www.dep.state.pa.us and click the “Proposed Oil and Gas Regulations” button. This is your chance to voice your opinion on these important environmental regulations through written comment or at public hearings in January. Clean Air Council will be sending additional information in the coming weeks, but right now it’s important to get out to one of the public hearings if you can. You can submit comments to the Environmental Quality Board online using http://www.ahs.dep.pa.gov/RegComments You can also submit comments by e-mail to: RegComments(a)pa.gov. How to speak at a hearing Please see the list of public hearing locations and dates below and contact DEP at 717-787-4526 to sign up to speak at one of the hearings. Groups including Clean Air Council are also requesting additional hearing locations and a comment deadline extension to allow for more participation. The comment period ends on Feb. 12th 2014. The public hearings will begin at 6 pm at the following locations: Wyoming County Jan. 7, 2014, Tunkhannock High School Auditorium, 135 Tiger Drive, Tunkhannock, PA 18657 Chester County Jan. 9, 2014, West Chester University of Pennsylvania’s Sykes Student Union Theater, 110 West Rosedale Avenue, West Chester, PA 19383 Lycoming County Jan. 13, 2014, Pennsylvania College of Technology’s Klump Academic Center, One College Avenue, Williamsport, PA 17701 Crawford County Jan. 15, 2014, Meadville Area Senior High School Auditorium, 930 North Street, Meadville, PA 16335 Cumberland County Jan. 16, 2014, Good Hope Middle School Auditorium, 451 Skyport Road, Mechanicsburg, PA 17050 Washington County Jan. 22, 2014, Washington and Jefferson College’s Rossin Campus Center / Allen Ballroom, 60 South Lincoln Street, Washington, PA 15301 Indiana County Jan. 23, 2014, Indiana University of Pennsylvania’s Convention and Athletic Complex, 711 Pratt Drive, Indiana, PA 15705 Thank you for helping to protect everyone's right to breathe clean air! Matt Walker, Community Outreach Director, Clean Air Council

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UPDATE: Longview Power Chapter 11 Bankruptcy
by Duane 30 Dec '13

30 Dec '13

UPDATE: Longview liens still unresolved Creditors tell judge sides at an impasse BY ALEX LANG, The Dominion Post, December 30, 2013 The companies with hundreds of millions in mechanic’s liens on Longview Power plant told a judge the two sides disagree on how to proceed in resolving the issue. Longview Power LLC filed for Chapter 11 bankruptcy earlier this year in the U.S. Bankruptcy Court for the District of Delaware. In 2007, Longview Power entered into agreement with Siemens Energy Inc., Foster Wheeler North America Corp. and Kvaerner North America Construction Inc. to build the 700-megawatt power plant in Maidsville. According to previous court filings, Siemens and Kvaerner had filed mechanic’s liens against the property totaling roughly $335 million. According to the West Virginia state code, a contractor who “erects, builds, constructs, alters, removes or repairs any building or other structure,” under a contract with the owner can file a lien against the structure if the owner doesn’t pay for the work. This is known as a mechanic’s lien. Longview had asked a judge to reduce the amount of the liens, saying that some didn’t qualify or part is an unsecured debt. In a letter to the judge last week, the contractors noted that on Dec. 23, the two sides met to discuss the issue. It was during that meeting the two groups discovered they “fundamentally disagree” about the appropriate method to proceed regarding a request to eliminate the Kvaerner and Siemens claims. Now, the contractors plan to file their response to the request by Jan. 10. The filing will include the issue that must be decided and how making a decision in the timeframe proposed by Longview is not possible. Longview and a group of creditors have refused to agree to a reply date other than their own proposed January 31st deadline, according to the letter. Duane Nichols See also: http://www.donlinrecano.com/Clients/li/Index

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Note from Cindy O'Brien
by Duane 17 Dec '13

17 Dec '13

I was at the Bookshelf this afternoon and Jim told me they will be closing around New Year's day. The rent is beyond his means and he doesn't have other locations that woud be viable that he can afford. "We need a rich person who will buy the old Save a Lot in Westover to convert into a large bookstore and cafe!" he suggested. He bought a lottery ticket for the multimillion jackpot...did you? in any case, go buy some books since all the books, even new ones, are 50% off! Then think how we might find a way to keep an independent book store in Morgantown! ....... .......... ........Cindy O'Brien Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Fwd: DEP News - DEP Energy Tree on display through Jan. 6
by Duane 03 Dec '13

03 Dec '13

> From: <dep.online(a)wv.gov> > Date: December 3, 2013 3:05:17 PM EST > To: <duane330(a)aol.com> > Subject: DEP News - DEP Energy Tree on display through Jan. 6, 2014 > ========================== > Tuesday, December 3, 2013 @ 3:03 PM > =========================== > > Considering new lights for your tree this holiday season? > If you are, or you’re just curious about LED (light- > emitting diodes) lights, stop by the West Virginia > Department of Environmental Protection’s (DEP) headquarters > from 6 to 9 p.m., on Friday, Dec. 6, for the kickoff of the > agency’s newest outreach display, the DEP Energy Tree. > > The display will allow you to provide the power, via hand > crank, to light up a traditional 100-bulb incandescent tree > and then an 800-plus light, 35-foot LED tree, draped to the > side of the DEP building. By turning the crank and feeling > resistance, you’ll better understand the different amount > of electricity it takes to illuminate the incandescent > tree, versus the more energy-efficient LED tree. > > DEP staff will be on hand to answer questions and pass out > refreshments. A special visitor will be with us, as well, > so bring the kids and your camera! > > LED lights use 90 percent less electricity than traditional > incandescent lights and last up to 50,000 hours. Less > energy use equals less pollution. Other advantages of LED > holiday lights include: > > • The ability to connect up to 43 premium strands, compared > to five premium strands of incandescent lights; > • Since their color is in the diode and plastic, the lights > will never fade, chip or peel like traditional lights can; > • Because LEDs operate at lower temperatures, they reduce > fire risk indoors and out; and, > • While LED holiday lighting can be more expensive > initially than traditional incandescent string lighting, > LED lights will pay for themselves in a few seasons in > terms of durability and lower power costs. > > The LED display will be on the front of the DEP > headquarters building, located at 601 57th St., S.E., > Charleston, across from The Shoppes at Kanawha, and will be > available from 6 to 9 p.m. every evening through Jan. 6, > 2014. > > > =========================================== > >

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Skytruth Alert: NRC Report: Unknown Material near Smithfield, PA 2013-11-16
by Duane 17 Nov '13

17 Nov '13

http://alerts.skytruth.org/report/4e495427-7016-3c5d-ae61-725cc43be0b0#c=st… CALLER IS REPORTING A RELEASE OF MATERIAL FROM A GAS WELL AND BRINE TANK. CALLER STATED YOU CAN SEE THE MIST AND SOLIDS IN THE AIR (WHITE/YELLOW IN COLOR), AND IT'S CAUSING HEALTH RELATED ISSUES WITH LOCAL RESIDENTS. CALLER REPORTED THAT THIS RELEASE OCCURS REGULARLY, APPROXIMATELY EVERY WEEK ON THE WEEKEND. Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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<MVCAC> Longview Power proposes debt recovery plan to bankruptcy court
by Duane330＠aol.com 14 Nov '13

14 Nov '13

Longview Power Files Chapter 11 Debt Restructuring Plan Article by Peg Brickley, Dow Jones Business News (NASDAQ), November 13, 2013 Longview Power LLC is proposing to get out of bankruptcy by way of a Chapter 11 plan that drops $1 billion in debt from its balance sheet and provides money to cover the cost of fixing the problem-plagued plant. Outlined in papers Wednesday in the U.S. Bankruptcy Court in Wilmington, Del., Longview's restructuring proposal has the support of senior lenders who have agreed to swap some of their debt for equity in a reorganized company. Some of them have signed up to provide a $150 million loan to fund Longview's exit from Chapter 11, as well as fix the plant and keep it running, saving some 650 jobs in the process. The new loan and the Chapter 11 plan marks a way out for Longview not just from bankruptcy but from a looming cash crunch. With some $58 million worth of letter of credit borrowing power locked up in a dispute with contractors, and a plant running at partial capacity, Longview has warned of possible irreparable harm if the financing does not go through. The company is pushing for a Feb. 10, 2014, confirmation hearing on the Chapter 11 exit plan. Terms of the turnaround financing call for Longview to emerge from bankruptcy in early March. Built at a cost of more than $2 billion, Longview was launched with $1 billion from First Reserve Corp., a $23 billion energy-focused private equity firm in Greenwich, Conn., and with loans. Construction delays and technical trouble after the launch ate into the plant's revenue and ultimately led to the Aug. 30 bankruptcy filing. Revenue for the year ended June 30, 2013, was about $255 million, with more money coming from coal mining, processing, waste disposal and sales than from the sale of electricity from the coal-fired plant. While the lender-backed plan represents a successful ending to long negotiations with lenders, talks that preceded the Chapter 11 filing, a critical hot spot in Longview's financial picture remains. Fights with contractors over who is to blame for defects in the plant must be addressed in a compressed time frame, for Longview's plan to work out. The restructuring plan provides for no recovery on $360 million worth of mechanics liens asserted by unhappy contractors, subsidiaries of Norwegian construction company Kvaerner ASA; Siemens Energy Inc., a unit of Siemens AG; and German engineering firm Foster Wheeler AG. Attorneys for the contractors, who have been battling Longview and each other, couldn't immediately be reached Wednesday to discuss their clients' position on the Chapter 11 plan. Court papers say it is a condition of the Chapter 11 plan that Longview erase the mechanics liens claims or have them ruled to be junior in payment priority to the bank loans. The condition can be waived if Longview gets an answer on what those liens are worth that it is willing to pay, according to the plan papers. In other words, Longview's lenders want a determination on the contractor liens, and have reserved the right to walk away if the price of dealing with the liens is too high. An arbitration proceeding that was in full swing before it was blocked by the bankruptcy filing will take too long to wind up, Longview contends. It is asking the bankruptcy court to weigh the value of the contractor mechanics liens in an "estimation proceeding" instead of waiting for the answer to emerge from the arbitration. Source: http://www.nasdaq.com/article/longview-power-files-chapter-11-debt-restruct…

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Longview Power Chapter 11 Bankruptcy
by Duane 02 Nov '13

02 Nov '13

UPDATE: Judge OKs Longview retention plan Program to help company keep some employees BY ALEX LANG, The Dominion Post, November 1, 2013 A federal judge has given the OK for Longview Power LLC to create a fund to pay some employees as part of a retention program. U.S. Bankruptcy Court for the District of Delaware Judge Brendan L. Shannon issued an order Tuesday authorizing the retention program for the organization. The order takes effect immediately. Earlier this year, Longview Power filed for Chapter 11 bankruptcy. The organization’s main asset is the Longview Power Plant located in Maidsville. Affiliate companies were also included in the bankruptcy filing. During the process, Longview asked for the OK to create a retention program for certain employees as an incentive for them to stay with the plant during the bankruptcy proceedings. Longview argued that there was a significant risk for employee attrition that could disrupt the business. The company asked the court to create a pool of $3.7 million for the retention program. In total, 126 employees would be eligible for the program. The average award would be almost $30,000 with a cap at $77,250. The payments would be made in increments with employees receiving the first 25 percent after six months. The next 25 percent would occur six months after that and the final 50 percent at 18 total months.

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Study shows PM1 air pollution is most harmful
by Duane 28 Oct '13

28 Oct '13

http://usa.chinadaily.com.cn/china/2013-10/28/content_17061997.htm Study shows PM1 air pollution is most harmful By Wang Hongyi in Shanghai (China Daily), October 28, 2013 A recent study led by Chinese scientists shows a strong link between smaller air pollution particles and a range of serious health conditions. Scientists said the smaller the airborne particles, the more likely they are to cause illness, suggesting the need for monitoring of particulate matter of 1 micron or less in diameter — a category of pollution rarely monitored. In recent years, many locations across the country have been blanketed with heavy air pollution, raising concerns for public health. Among the main categories of pollutant measured is PM2.5, which can enter the respiratory system and contribute to a range of illnesses, including cardiovascular disease. Now, in a new study published in the public health journal Environmental Health Perspectives, researchers from the School of Public Health at Fudan University in Shanghai have demonstrated correlations between PM2.5 pollution and the incidence of particular illnesses. Researchers spent about two years collecting data in a medium-sized city in northern China, measuring the levels of particulate matter in 23 size categories ranging from 0.25 microns to 10 microns. They then plotted the health conditions of residents in the city against the concentrations of particles of different sizes found in their locations. Among the key findings was that those areas with larger concentrations of smaller particles showed higher incidences of particular illnesses. "Our study, based on epidemiological investigation, showed that fine particles in the air measuring between 0.25 to 0.5 microns in diameter have a closer relationship to human health, especially an increased risk of cardiovascular diseases," said Kan Haidong, a professor at the School of Public Health at Fudan University. The fine particles measuring between 0.25 to 0.5 microns in diameter accounted for about 90 percent of the total number of particles found in the air during the study. Kan said the smaller the particle, the higher the concentration in any given volume of air and so the greater the number of particles coming into contact with tissues inside the human body. "Besides that, there may also be a relationship with the settlement of particles of different diameters in the lower respiratory tract." Kan said. Kan said the smaller particles can also pass through the blood-air barrier in the lungs, entering the blood as toxins, and causing cardiovascular disease. Larger particles are not able to pass through the blood-air barrier so easily. He also said that smaller particles in the body can harm the regulation of the human nervous system. Among the conclusions of the research is that the smaller the particle size, the more danger the pollution poses to public health, suggesting that more research is needed on PM1 pollution — particles of 1 micron or less in diameter. "The significance of the study is that it has provided a new direction for the prevention and control of atmospheric pollution," Kan said. "What we need to focus on is particles of smaller sizes, rather than PM2.5." Some scientists have already suggested more studies on PM1 pollution, citing its potential role in causing illness on a large scale. "In Shanghai, for example, about 80 to 90 percent of the mass concentration of the city's PM2.5 is PM1. So it would be more effective to carry out studies on PM1 than PM2.5," said Yang Xin, professor at the Department of Environmental Science and Engineering at Fudan University. PM2.5 is the main category of pollution monitored by government departments. Yang said he has already approached government departments on the environment and related fields to suggest monitoring of PM1 levels, but he has yet to receive a response. Duane Nichols, Cell- 304-216-5535, www.FrackCheckWV.net

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Longview Power Wins Delay in Court Fight With Contractors
by Duane 19 Oct '13

19 Oct '13

http://www.nasdaq.com/article/longview-power-wins-delay-in-court-fight-with… Longview Power Wins Delay in Court Fight With Contractors By Peg Brickley, Dow Jones News Service, October 9, 2013 Longview Power LLC Wednesday won a one-month delay in a showdown with contractors, after telling a bankruptcy judge there's hope of a settlement in long-running disputes. Judge Brendan Shannon said he would "reluctantly" push off until November 12th a court fight over cash between the troubled West Virginia plant operator and contractors that helped build the $2 billion facility. The cash fight that has consumed weeks of attorney time, the judge warned, won't make or break Longview's chances of a turnaround. He urged the combatants to focus on the larger questions of how to revamp a $1.2 billion debt load in Chapter 11 while fixing the technical troubles that have plagued the facility. "This case presents a need for both operational and financial restructuring in Chapter 11," Judge Shannon said at a hearing in the U.S. Bankruptcy Court in Wilmington, Del. "The case needs to move forward." After years of battling over who's to blame for the plant's flaws, there is now "some movement toward a consensual resolution," Dentons's Philip R. White, an attorney for Longview, told Judge Shannon. Mr. White argued for an adjournment to help talks play out, over the opposition of contractors, subsidiaries of Norwegian construction company Kvaerner ASA (KVAER.OS); Siemens Energy Inc., a unit of Siemens AG ( SI ); and German engineering firm Foster Wheeler AG ( FWLT ). The contractors pushed instead for a fast hearing on who controls some $58 million worth of letters of credit. Longview says it's entitled to access the money to keep going and warns it may be down to its last $1 million by the end of November. That estimate depends on the plant operating well, something that nobody can count on, giving the history of issues that have kept Longview operating at below-capacity levels. Secured lenders are backing Longview in the fight with contractors and hoping to persuade the bankruptcy judge to take on the question of the letters of credit, rather than leaving the matter up to a panel of construction industry arbitrators. Longview filed for Chapter 11 protection August 30th, with an arbitration involving the contractors in full swing. Contractors want the arbitration to continue, but secured lenders say that the non-court process excludes creditors. Longview, which operates a 700-megawatt coal-powered plant in Maidsville, West Virginia, is the largest privately funded project in West Virginia history. It began operations in December 2011, providing power to the Pennsylvania, New Jersey and Maryland markets.

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Longview Bankruptcy Continues
by Duane 09 Oct '13

09 Oct '13

UPDATE ON CHAPTER 11 BANKRUPTCY Longview: Must keep employees --- Seeks judge’s OK to set up retention fund BY ALEX LANG, The Dominion Post, October 9, 2013 Longview Power LLC is asking a judge to allow it to create a pool of $3.7 million for a retention program designed to help prevent the loss of some knowledgeable employees who could leave due to uncertainty with the bankruptcy process. Longview made the request in a Monday court filing in U.S. Bankruptcy Court for the District of Delaware. In late August, Longview Power filed for Chapter 11 bankruptcy. One of the company’s main assets is the Longview Power Plant in Maidsville. The employees are the lifeblood of the business, according to the filing. In many cases, the employees are highly trained and can’t be easily replaced. Longview stated in the filing, it believes there is significant risk for employee attrition that could disrupt the business. There is a fear that employees might leave because of their unfamiliarity with the bankruptcy process. Longview would like to keep the employees based on the nature of the business and the fact that new employees have to undergo extensive training. The retention program will cost less than recruiting and training replacement employees, the filing argues. MEPCO also relies on a core group of highly trained employees. MEPCO, a Longview affiliate, is included in the bankruptcy filing. According to the filing, 126 MEPCO and Longview employees would be eligible and the average award would be $29,646, with the max- imum set at $77,250. This is in addition to salaries. The payments will be made during 18 months, with the employee receiving 25 percent of total payment after six months, another 25 percent after 12 months and the final 50 percent after 18 months. Participants will be able to keep cash payments if they are employed by Longview at each one of the benchmarks or they are terminated without cause. The program will cover about 20 percent of employees. Not included in the program are Longview officers, any employee who reports to the Longview board or manager, is appointed directly by the board or those who have managerial control of Longview’s operations. Companies and individuals who want to object to the program have to file by Oct. 21 and a hearing is scheduled for Oct. 28. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>.........................<<<<<<<<<<<<<<<<<<<<<< Citizens’ group to fight Harrison power plant deal WV News and Associated Press, October 9, 2013 West Virginia Citizen Action Group said Tuesday it will appeal the state’s approval of a $1.1 billion deal for the sale of the Harrison Power Station, arguing the value of the coal-fired plant is inflated by some $257 million. The Public Service Commission approved the transaction late Monday, saying it would reduce Mon Power rates by $16 million a year. The deal involves Ohio-based FirstEnergy subsidiaries Mon Power and Potomac Edison, and affiliate Allegheny Energy Supply. Mon Power would buy the remaining 80 percent of the 1,984-megawatt plant that it does not currently own. In exchange, Mon Power would sell 8 percent of its interest in the Pleasants Power Station to Allegheny Energy Supply. In his dissent, Commissioner Palmer said the attempt by Commissioners Albert and McKinney to "shield ratepayers is commendable, but somewhat ineffective," noting that the wholesale market sales margins being used in the majority's conditions would have already been used to lower the other portions of the rates Mon Power customers pay. "The companies characterize the Harrison acquisition as a financial hedge against the wholesale market," Palmer wrote. "The majority supports its decision that the transaction as modified is in the public interest by describing [their additional conditions] as a hedge against Mon Power owning a large coal-fired plant. "Either hedge, however, comes at a time when capacity prices on the wholesale market are at historically low levels," Palmer wrote. "Rushing into the expensive, long-term commitment ... without a more thorough evaluation of other options, including the potential construction of a new natural gas combined cycle plant or the acquisition of part or all of an existing natural gas-fired power plant, is unreasonable." (So the WV PSC appears to be protecting WV coal at the expense of electricity users.) Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Ocean acidification due to carbon emissions is at highest for 300 million years
by Duane 04 Oct '13

04 Oct '13

http://www.theguardian.com/environment/2013/oct/03/ocean-acidification-carb… Ocean acidification due to carbon emissions is at highest for 300 million years | Environment | The Guardian By Fiona Harvey in Kiel The Guardian, Wednesday 2 October 2013 The oceans are more acidic now than they have been for at least 300m years, due to carbon dioxide emissions from burning fossil fuels, and a mass extinction of key species may already be almost inevitable as a result, leading marine scientists warned on Thursday. An international audit of the health of the oceans has found that overfishing and pollution are also contributing to the crisis, in a deadly combination of destructive forces that are imperilling marine life, on which billions of people depend for their nutrition and livelihood. In the starkest warning yet of the threat to ocean health, the International Programme on the State of the Ocean(IPSO) said: "This [acidification] is unprecedented in the Earth's known history. We are entering an unknown territory of marine ecosystem change, and exposing organisms to intolerable evolutionary pressure. The next mass extinction may have already begun." It published its findings in the State of the Oceans report, collated every two years from global monitoring and other research studies. Alex Rogers, professor of biology at Oxford University, said: "The health of the ocean is spiralling downwards far more rapidly than we had thought. We are seeing greater change, happening faster, and the effects are more imminent than previously anticipated. The situation should be of the gravest concern to everyone since everyone will be affected by changes in the ability of the ocean to support life on Earth." Coral is particularly at risk. Increased acidity dissolves the calcium carbonate skeletons that form the structure of reefs, and increasing temperatures lead to bleaching where the corals lose symbiotic algae they rely on. The report says that world governments' current pledges to curb carbon emissions would not go far enough or fast enough to save many of the world's reefs. There is a time lag of several decades between the carbon being emitted and the effects on seas, meaning that further acidification and further warming of the oceans are inevitable, even if we drastically reduce emissions very quickly. There is as yet little sign of that, with global greenhouse gas output still rising. Corals are vital to the health of fisheries, because they act as nurseries to young fish and smaller species that provide food for bigger ones. Carbon dioxide in the atmosphere is absorbed by the seas – at least a third of the carbon that humans have released has been dissolved in this way, according to the Intergovernmental Panel on Climate Change – and makes them more acidic. But IPSO found the situation was even more dire than that laid out by the world's top climate scientists in their landmark report last week. In absorbing carbon and heat from the atmosphere, the world's oceans have shielded humans from the worst effects of global warming, the marine scientists said. This has slowed the rate of climate change on land, but its profound effects on marine life are only now being understood. Acidification harms marine creatures that rely on calcium carbonate to build coral reefs and shells, as well as plankton, and the fish that rely on them. Jane Lubchenco, former director of the US National Oceanic and Atmospheric Administration and a marine biologist, said the effects were already being felt in some oyster fisheries, where young larvae were failing to develop properly in areas where the acid rates are higher, such as on the west coast of the US. "You can actually see this happening," she said. "It's not something a long way into the future. It is a very big problem." But the chemical changes in the ocean go further, said Rogers. Marine animals use chemical signals to perceive their environment and locate prey and predators, and there is evidence that their ability to do so is being impaired in some species. Trevor Manuel, a South African government minister and co-chair of the Global Ocean Commission, called the report "a deafening alarm bell on humanity's wider impacts on the global oceans". "Unless we restore the ocean's health, we will experience the consequences on prosperity, wellbeing and development. Governments must respond as urgently as they do to national security threats – in the long run, the impacts are just as important," he said. Current rates of carbon release into the oceans are 10 times faster than those before the last major species extinction, which was the Paleocene-Eocene Thermal Maximum extinction, about 55m years ago. The IPSO scientists can tell that the current ocean acidification is the highest for 300m years from geological records. They called for strong action by governments to limit carbon concentrations in the atmosphere to no more than 450 parts per million of carbon dioxide equivalent. That would require urgent and deep reductions in fossil fuel use. No country in the world is properly tackling overfishing, the report found, and almost two thirds are failing badly. At least 70 per cent of the world's fish populations are over-exploited. Giving local communities more control over their fisheries, and favouring small-scale operators over large commercial vessels would help this, the report found. Subsidies that drive overcapacity in fishing fleets should also be eliminated, marine conservation zones set up and destructive fishing equipment should be banned. There should also be better governance of the areas of ocean beyond countries' national limits. The IPSO report also found the oceans were being "deoxygenated" – their average oxygen content is likely to fall by as much as 7 per cent by 2100, partly because of the run-off of fertilisers and sewage into the seas, and also as a side-effect of global warming. The reduction of oxygen is a concern as areas of severe depletion become effectively dead. Rogers said: "People are just not aware of the massive roles that the oceans play in the Earth's systems. Phytoplankton produce 40 per cent of the oxygen in the atmosphere, for example, and 90 per cent of all life is in the oceans. Because the oceans are so vast, there are still areas we have never really seen. We have a very poor grasp of some of the biochemical processes in the world's biggest ecosystem." The five chapters of which the State of the Oceans report is a summary have been published in the Marine Pollution Bulletin, a peer-reviewed journal.

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Fuel Exhaust Disrupts Scent Signals for Honeybees
by Duane330＠aol.com 04 Oct '13

04 Oct '13

http://news.nationalgeographic.com/news/energy/2013/10/131003-fuel-exhaust-s cent-disrupts-signals-honeybees/ Fuel Exhaust Disrupts Scent Signals for Honeybees Article by Helen Thompson for National Geographic, October 3, 2013 To a bee, no two flowers smell quite the same. When honeybees forage for flowers, they search for, learn, and memorize distinctive floral scents and return to the hive to tell other bees what they’ve found through their famous_ waggle dance_ (http://video.nationalgeographic.com/video/animals/bugs-animals/bees-and-was…) . It is an important ritual that is being disrupted by one of the most pervasive forms of air pollution—diesel exhaust—according to a new study_ published Thursday_ (http://dx.doi.org/10.1038/srep02779) in Scientific Reports. The research pinpoints the mechanism by which the fuel-combustion pollutants degrade certain chemicals in floral odors. The absence of those chemicals affects honeybees’ ability to recognize the scent. (See related quiz: “ _What You Don’t Know About Cars and Fuel_ (http://environment.nationalgeographic.com/environment/energy/great-energy-c…) .”) Engine exhaust is hardly the only threat facing the honeybee. It is well recognized that exposure to multiple pesticides can impair bees’ olfactory skills, while ground-level ozone, or smog, and ultraviolet (UV) radiation can also degrade floral odor compounds that bees pick up on. Authorities around the globe are grappling with how to address the little-understood cyclical diseases that are causing colonies to dwindle. (See related, “_The Plight of the Honeybee_ (http://news.nationalgeographic.com/news/2013/13/130510-honeybee-bee-science…) .”) The new study offers insight into the specific hazard for pollinators from the fumes from cars, trucks, trains, ships, and heavy machinery. Significantly, the study indicates that honeybees haven’t been helped by the "cleaner" diesel now used in Europe and the United States due to regulations that over the past decade removed sulfur from the fuel. The researchers used ultra-low-sulfur diesel fuel in their experiment. (See related: “_Pictures: Cars That Fired Our Love-Hate Relationship With Fuel_ (http://news.nationalgeographic.com/news/energy/2012/05/pictures/120524-hist… ncy/) .”) Odor Cues Thousands of chemical compounds contribute to flower odors, so honeybees (Apis mellifera) need a discerning sense of smell. “A honeybee might see a red flower, and say oh is this a flower that I want to visit, and [it] uses odor cues to figure out if it’s worth visiting,” said_ Quinn McFrederick_ (http://www.fresnostate.edu/csm/biology/fac-staff/faculty/mcfrederick.html) , an ecologist at Fresno State University in California. Odor cues can tell bees which flowers have the most nutritious nectar and pollen for harvesting. Scientists have long thought that_ air pollution masked these key floral scents_ (http://www.sciencedirect.com/science/article/pii/S1352231007011545) , but the new study provides evidence of how the exhaust actually changed the chemical composition of the odors. Using an odor palette from a common target for honeybees, oilseed rape flowers (Brassica napus), a research team at the University of Southampton in the United Kingdom exposed the compounds to diesel fumes from a generator fueled by ultra-low-sulfur diesel. Almost immediately, the diesel fumes started breaking down two of the flower odor compounds: farnesene and terpinene. After training honeybees recognize the flower scent, the researchers removed both degraded compounds from the mix. “To our surprise, really, we saw that even changes in one of the very minor constituents of the mixture caused a major change in the responsiveness of the bee to the smell,” said_ Tracey Newman_ (http://www.southampton.ac.uk/medicine/about/staff/tan.page) , a neurobiologist at the University of Southampton and a co-author of the study. The researchers said one component of diesel exhaust takes the blame for this degradation: NOx gases, compounds that contain both nitrogen and oxygen, reacting with volatile floral odors. Although the scientists used diesel fuel, which powers the majority of cars in Europe and nearly all heavy vehicles around the world, NOx gases also are emitted by gasoline, or petrol, and even alternative fuels like biodiesel and ethanol. (See related, “ _Biofuel at a Crossroads_ (http://environment.nationalgeographic.com/environment/energy/great-energy-c…) .”) “The bottom line is I don’t think one can start pointing one’s finger at biodiesel, diesel, or petrol,” said_ Guy Poppy_ (http://www.southampton.ac.uk/biosci/about/staff/gmp.page) , an ecologist and co-author on the study. It’s a larger issue with internal combustion engines, he said. Both the _United States_ (http://www.epa.gov/oar/nitrogenoxides/) and the _European Union_ (http://ec.europa.eu/environment/air/quality/standards.htm) use nitrogen dioxide (NO2) levels as a proxy for all NOx gases and have set limits for the amount of NO2 in the air, but not for nitric oxide (NO) levels. Poppy said, “These are the sorts of emissions that are sometimes left out from the discussions about climate change because these emissions are not ones as heavily associated with greenhouse gases.” (See related “ _Pictures: A Rare Look Inside Carmakers’ Drive for 55 MPG_ (http://news.nationalgeographic.com/news/energy/2012/08/pictures/120817-auto… pg/) .”) Flower Chemistry Oilseed rape flowers aren’t the sweetest smelling blooms. “They’re actually a bit stinky,” Newman said. But, their odors are very well understood, and these two degraded compounds appear to be a key element of odor communication for bees. Other bee species and other pollinators rely even more heavily on scent over longer distances. So, the findings could have major implications for other pollinators as well, said McFrederick, who was not affiliated with the study. Interestingly, the degraded compounds in this experiment were present only at low levels, and removing terpinene by itself led to a significant decline in bee recognition in the experiment. “That suggests that that in some way kicks off a particular pathway in the odor perception abilities of the animal,” said Newman. The researchers’ next step is to look at the impact of diesel on the honeybee nervous system. How will these findings play out in the real world? “The study clearly illustrates that airborne pollution can perniciously impact the ability of bees to locate food,” said _Jose Fuentes_ (http://ploneprod.met.psu.edu/people/juf15) , a meteorologist at Penn State University who was not associated with the study. Fuentes spelled out two cautions: The experimental levels of pollutants were high even for urban rush hour; and the impact of the NOx gases might actually be an indirect one. That’s because NOx gases notoriously react with air and sunlight to make ground-level ozone, or smog, which may be the actual culprit in disrupting the floral odor compounds. Urban environments expose honeybees and flowers to more diesel exhaust, but there are many important factors affecting the success of hives. The kind of neighborhood gardens found in urban and suburban areas also might provide bees with longer lasting food sources than in rural areas. Field studies could shed more light on the impact of air pollution. “What we need to know is [for] a flower sitting in a field next to a car in a motorway, whether there actually is going to be a plume of smell coming from that flower and whether it’s going to be significantly affected because of the exhaust fumes,” said Poppy. The worst-case scenario would be to find a drastic reduction in honeybee foraging and pollination. While it’s unclear how much impact diesel pollutants might have on pollination, the new study indicates that exhaust should be added to a growing list of known threats. “Honeybees living in a modern world face many stresses,” including diseases, insecticides, and atmospheric pollutants, Poppy said. “Probably bees can cope with most of these stresses in isolation or when just two or three of them come together. But, when they all come together simultaneously, one might start to see significant effects and that might explain some of the things we’re seeing … with pollinators being lost around the world.” =

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Transactions Fee Proposed for R & D Funding: UPDATE
by Duane 04 Oct '13

04 Oct '13

WV’s Mountain Party accepts challenge from Coal Lobby; Proposes Transactions Fee to Fund Environmental R & D At the FRIENDS OF COAL FORUM in Martinsburg, WV on 4 September 2013, Mr. Chris Hamilton of the WV Coal Association publicly challenged anyone "to debate or engage in lively discussion" in response to a question about the environmental and safety record of WV Coal, which came from an unidentified member of the public at the time. Hamilton’s challenge was promptly accepted by Daniel Lutz, 16th District State Executive Committee Representative of the Mountain Party of West Virginia. At the time, Hamilton promised to "consider this response." Lutz also handed a written acceptance of that challenge to WV Coal Association President Bill Raney. Mr. Lutz also asked if coal industry leaders would consider supporting a Transactions Fee upon all electronic and exchange traded financial instruments, a portion of which monies (20% proposed), would be earmarked for the equivalent of a MANHATTAN PROJECT-style national program focused upon energy self sufficiency within 5 years. Lutz’s proposal includes using the generated funds to research and develop the highest and best uses of coal, and tackling long standing environmental concerns associated with the coal industry. Still at the podium, Hamilton attempted to laugh off Lutz’s question, exclaiming "that is above my pay grade!" Attorney and Coal Industry lobbyist Gene Trisko, advised Hamilton that "this man may have given us exactly what we need, a mechanism to fund our research and development. I suggest we look closer at this proposal." One month has passed since the Mountain Party accepted the challenge. The MOUNTAIN PARTY of West Virginia stands ready to engage in a MOUNTAIN FORUM to present a "debate or lively discussion" of the issues facing WV and the Energy Industry. To date, no response has come from the WV COAL ASSOCIATION, or the operators it represents. Contact: Daniel P. Lutz, District 16 - Executive Committee Rep., Mountain Party of WV Phone 304-886-5771 - E-mail - p.lutz007(a)gmail.com Issued by: Tom Rhule, Communications Director - phone 304 989 1629 - E-mail - mountainpartywv(a)gmail.com

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Next Longview Power Bankruptcy Hearing on October 7th
by Duane330＠aol.com 04 Oct '13

04 Oct '13

Longview Working on Balance Sheet Fix as Cash Fight Looms By Dow Jones Business News, September 25, 2013 Longview Power LLC is plowing ahead with plans to fix its plant and its balance sheet as it prepares to battle contractors over cash, Kirkland & Ellis LLP's Ray Schrock told a bankruptcy judge Wednesday. "The company greatly needed the breathing spell afforded by Chapter 11," Mr. Schrock said at a hearing before Judge Brendan Shannon, who is overseeing the West Virginia power plant's Chapter 11 proceeding. The Aug. 30 bankruptcy petition froze action against Longview involving a fight over who's to blame for the plant's operational troubles. Talks with secured lenders have begun, and the company last week recovered from the latest in the series of unplanned outages that have plagued the operation, Mr. Schrock said. Once the boiler tube leaks are repaired, "after that it's a simple--or maybe not so simple--matter of fixing the balance sheet," Mr. Schrock said. Built at a cost of $2 billion, the Longview plant is carrying a $1.2 billion debt load, more than it can service given the issues that have kept it operating at about two-thirds of its capacity. The bankruptcy filing followed an extended struggle with subsidiaries of Norwegian construction company Kvaerner ASA (KVAER.OS); Siemens Energy Inc., a unit of Siemens AG ( _SI_ (http://www.nasdaq.com/symbol/si) ); and German engineering firm Foster Wheeler AG ( _FWLT_ (http://www.nasdaq.com/symbol/fwlt) ). While arguing with Longview and with each other over who is to blame for Longview's alleged design flaws, the contractors recently hit the power plant operation with a barrage of motions designed to keep it from tapping $59 million in letters of credit. Judge Shannon has scheduled an Oct. 7 hearing in the U.S. Bankruptcy Court in Wilmington, Del., to weigh evidence on Longview's contention it needs the money from the letters of credit to survive. He will also consider arguments from the contractors who want an arbitration proceeding to continue, in spite of the bankruptcy filing. According to the contractors, Longview improperly resorted to Chapter 11 to escape arbitration. The company's responses to the accusations are due to be filed within days. Wednesday, Longview's lawyers grappled with lawyers for the contractors over how much probing should be permitted in advance of the Oct. 7 hearing, which will be crucial to the power plant's hopes for a turnaround. Kvaerner intends to "attack" Longview's budget and attempt to prove it is "inflated," said Dorsey & Whitney LLP's Eric Lopez Schnabel. The contractor is pushing for information from the lenders, as well as from the company, about Longview's financial condition and where the bankruptcy case is headed. That's going too far, Longview said, for a hearing where the fundamental question will be whether the company exercised appropriate business judgment when it put together its budget. The budget will be filed Friday. Additionally, the contractors will challenge whether the bankruptcy court has jurisdiction over the letters of credit because they aren't Longview's property. A 700-megawatt coal-powered plant located in Maidsville, W. Va., Longview is the largest privately funded project in West Virginia history. It began operations in December 2011, providing power to the Pennsylvania, New Jersey and Maryland markets. (Dow Jones Daily Bankruptcy Review covers news about distressed companies and those under bankruptcy protection. Go to http://dbr.dowjones.com)

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New Consumer Advocate @ WV Public Service Commission
by Duane 25 Sep '13

25 Sep '13

WV Public Service Commission makes Jacqueline Lake Roberts Consumer Advocate Updated: Sep 11, 2013 3:34 PM EDT The Public Service Commission of West Virginia issued an order Sept. 11 appointing Jacqueline Lake Roberts the new director of the Consumer Advocate Division. The CAD represents consumers to the commission. Roberts currently is deputy consumer advocate, and has previously served as the senior manager of regulatory affairs and public policy for EnerNOC Inc. where she was responsible for state regulatory matters, commission proceedings, litigation, legislative issues for a nine-state region and regional transmission issues in MISO and PJM. Roberts also served as an assistant consumer counsel for the Ohio Consumer Counsel and as executive director and president of the Public Utility Police Institute in Concord, New Hampshire. Roberts is admitted to practice law before the United States Supreme Court and the Bar of the Supreme Courts of West Virginia, Ohio, New Hampshire, Vermont and Nevada. She replaces Byron Harris, who started working with the CAD in 1982 and has been its director since 2007. PSC Chairman Mike Albert said the PSC is "pleased to make this appointment." "We have great confidence in Ms. Roberts' ability as a litigator and feel she will continue the effective leadership of the Consumer Advocate Division," Albert said in a news release Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Hatfields Ferry is closing?
by Paula Hunt 16 Sep '13

16 Sep '13

Hi Sandy/Andrew (and everyone), Did I read your post correctly: Hatfields Ferry is closing? I didn't know that ... Thanks to you, Duane, Julieann, and other for keeping us informed - paula At 9/13/2013 11:20 PM, you wrote: >It will be interesting to see what restructuring the court comes up >with. I wonder if it is possible that they might split the coal >operation back out to separate company. Also, I'm wondering about >the market for Mepco's coal. Some of their coal currently has been >going to the Masontown plant which FirstEnergy is planning to close >in October. I wonder if that will affect the economics of Mepco's operations... > > >On Fri, Sep 13, 2013 at 7:16 PM, Duane ><<mailto:duane330@aol.com>duane330(a)aol.com> wrote: >P.S. After some 30 days of continuous operation, the Longview Power >Plant came to a screeching halt around 3:30 pm today, Friday the >13th of September in 2013. DGN > > >A Closer Look at the Longview Power Bankruptcy > > > > > >By ><http://www.foxrothschild.com/attorneys/l-jason-cornell.html>Jason >Cornell on September 8, 2013 Posted in ><http://delawarebankruptcy.foxrothschild.com/articles/bankruptcy-case-summar…>Bankruptcy >Case Summaries

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<MVCAC> New Song: "Keep Your Dirty Lights On"
by Duane330＠aol.com 16 Sep '13

16 Sep '13

Friends Darrell Scott and Tim O'Brien contacted me about writing a song. They knew I was producing a new film. They wrote this amazing song "Keep Your Dirty Lights On." We gave them the footage for the music video: http://www.youtube.com/watch?v=3GInMaWUud4 Please share this link with everyone you know and all the lists. You can post it on all social media, as well. We are all happy to give you a free license to use this song and video on web sites, your own videos and promotional materials, etc. Just send me a request with details. All the best, Mari-Lynn Mari-Lynn Evans, CEO and Executive Producer, Evening Star Productions

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A Closer Look at the Longview Power Bankruptcy | Delaware Bankruptcy Litigation
by Duane 13 Sep '13

13 Sep '13

P.S. After some 30 days of continuous operation, the Longview Power Plant came to a screeching halt around 3:30 pm today, Friday the 13th of September in 2013. DGN P.S. In the current market place, given the price of coal which is high relative to the price of natural gas, many coal-fired power plants are losing money even when operating. DGN http://delawarebankruptcy.foxrothschild.com/2013/09/articles/bankruptcy-cas… A Closer Look at the Longview Power Bankruptcy By Jason Cornell on September 8, 2013 Posted in Bankruptcy Case Summaries Introduction On August 30, 2013, Longview Power, LLC, and various related entities (collectively, “Longview”), filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of Longview’s CEO (the “Declaration” or “Decl.”), Longview was formed in 2003 for the purpose of building and operating a 700 megawatt coal-fired power plant in Maidsville, West Virginia. Decl. at *2. Longview contends that when operating at full capacity, its power plant is one of the most efficient in the country, having some of the lowest air emissions in the United States. Id. Longview and its affiliates operate in two primary sectors: (i) electricty generation; and (ii) coal mining and processing. Decl. at *5. The company operates its power plant through Longview Power and its coal mining operations through Mepco Holdings, LLC. Although Longview was formed more recently to operate the power plant, Mepco was formed over 50 years ago and describes itself as “one of the largest independent coal companies in North Appalachia.” Decl. at *2. Approximately half of Mepco’s annual coal production is sold to Longview through an intercompany supply contract. Decl. at *2-3. From July 1, 2012 to June 30, 2012, Longview Power’s revenues totaled $106 million while Mepco’s revenue totaled $149 million. Id. Longview’s Financials In 2007, Longview entered into a credit agreement with Citicorp North America and Union Bank. Under the credit agreement, Longview received various term loans, revolving lines of credit and letters of credit. Decl. at *9-10. The loans have various maturity dates and a combined face value of $1.03 billion. Decl. at *10. Aside from the credit agreement, Longview is also a party to an interest rate swap agreement with J. Aron & Company and a party to price hedge agreements with BP Energy and EDF Trading North America. Decl. at *11. Events Leading to Bankruptcy Longview attributes its need for bankruptcy “in large part because [Longview Power] has been plagued by design, construction, and equipment defects and failures …” Decl. at *3. According to Longview, its construction defect claims have been an issue since the company took possession of the power plant in December 2011. Construction problems have resulted in the power facility operating at 68 percent capacity stemming from forced and planned outages. Decl. at *3. Three of the forced outages were due to boiler tube leaks in the four months leading up to Longview’s bankruptcy proceeding. Longview’s construction defect claims are currently in arbitration. However, aside from operational challenges, Longview is also facing over $550 million in debt obligations maturing in February of next year. Decl. at *4. The company believes that its operational losses will prevent it from satisfying their obligations under various credit agreements. Id. Objectives in Bankruptcy Approximately $557 million of Longview’s debt obligations mature in February 2014. The company realizes that it is “practically impossible” for Longview to either refinance its debt or service its current level of debt going forward. Decl. at *17. Longview, along with its lenders and other interested parties, has been participating in negotiations regarding a potential restructuring of the company’s balance sheet. Id. The ongoing arbitration concerning the construction defect claims, however, has created uncertainty regarding Longview’s future capital structure. Decl. at *18. Despite these uncertainties, Longview hopes to reach an agreement with its various creditors regarding a proposed plan of reorganization. Id. The Longview bankruptcy proceeding is before Judge Brendan L. Shannon in the United States Bankruptcy Court for the District of Delaware. Longview is represented by the law firms Kirkland and Ellis and Richards, Layton & Finger. ————————————————————– Jason Cornell is an equity partner with the law firm Fox Rothschild LLP. Jason is a creditors’ rights attorney who is admitted and practices before the United States Bankruptcy Court for the District of Delaware and the United States Bankruptcy Court for the Southern District of Florida. You can reach Jason at 302 427 5512 or jcornell(a)foxrothschild.com. Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Judge Says Longview Can Tap Lenders' Cash to Fund Case
by Duane 06 Sep '13

06 Sep '13

http://bankruptcynews.dowjones.com/article?an=%20DJFDBR0020130903e993pivl0&… Judge Says Longview Can Tap Lenders' Cash to Fund Case By Patrick Fitzgerald, WSJ, Dow-Jones, The Daily Docket, Bankruptcy News, September 3, 2013 A bankruptcy judge said Longview Power LLC, a private-equity-backed West Virginia power plant that filed for Chapter 11 protection Friday, can use its lenders' cash to fund its bankruptcy case and set up showdown between the company and a group of contractors over disputed letters of credit. Judge Brendan Linehan Shannon said he'd give Longview interim approval to use its lenders' cash to pay its employees and vendors over objections from a trio of contractors over the company's intention to draw on $59 million in disputed letters of credit at hearing Tuesday in U.S. Bankruptcy Court in Wilmington, Del. Much of the first-day hearing was given over to the contractors' concerns about whether the bankruptcy court has jurisdiction to rule on whether the letters of credit are property of Longview's estate and whether company can draw down on them. At issue are letters of credit provided by German engineering firm Foster Wheeler AG . Contractors Siemens Energy Inc., a unit of Siemens AG , and the North American arm of Norwegian construction firm Kvaerner ASA claim the letters of credit were assigned to them and that Longview is trying to circumvent the arbitration proceedings by finding a safe haven in bankruptcy court. Lawyers for Longview said the company would likely breach cash-balance covenants with its lenders if it is unable to draw on the letters of credit. Judge Shannon said he wanted to "provide Longview with enough cash to stay open but that preserves the status quo with respect to contractors' concerns over the letters of credit and the arbitration proceeding." To that end, the judge said he'd approve an order that barred Longview Power from drawing down on the letters of credit absent an order of the court. He scheduled a hearing on the letter of credit and arbitration dispute for Oct. 7. Longview, a $2 billion coal-powered plant located in Maidsville, W. Va., began operations in December 2011, providing power to the Pennsylvania, New Jersey and Maryland markets. But the plant has been plagued extended outages forcing it to operate at about two-thirds of capacity. Longview has blamed its problems arising from the plant's design and construction on the contractors. Longview has also been hurt by a drop in wholesale electricity prices caused by the growth in liquid natural gas, which has made it impossible for the company to service its $1.2 billion in debt. "This company needs both an operational and financial restructuring," said Longview's bankruptcy lawyer Paul Basta of Kirkland & Ellis. "The first step is to fix the plant. If the plant is fixed, it will make more money and more people will be paid." First Reserve, a $23 billion energy-focused private equity firm based in Greenwich, Conn., pumped about $1 billion in equity into the project. Longview Power owes lenders, led by Citigroup , about $1.2 billion, including $557 million of debt that matures in February 2014. Legal and financial advisers had been working on an out-of-court restructuring since November with a group of more than 50 lenders, according to Akin Gump Strauss Hauer & Feld 's Ira S. Dizengoff, a lawyer for the so-called steering committee. But Longview wasn't able to strike a deal before an interest payment was due last Friday, forcing the plant and its West Virginia coal-mining partner Mepco Holdings LLC to file for bankruptcy. The company says it's confident that it can reach a deal with its lenders on the terms of a Chapter 11 plan in the near future. Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Re: [MVCAC] Longview Power LLC
by James Kotcon 03 Sep '13

03 Sep '13

I noticed that neither GenPower, nor Laurita, the actual owners of Longview and MepCo, are listed as debtors. Could the be trying to insulate themselves from any responsibility for this mess? Duh! Jim Kotcon >>> Duane 09/01/13 6:17 PM >>> Longview Power LLC filed for Chapter 11 bankruptcy status on August 30, 2013 in the Federal Bankruptcy Court in Delaware: The 12 related companies declaring bankruptcy are: Mepco, LLC, Shannopin Materials, LLC, Dana Mining Company of Pennsylvania, LLC, Mepco Holdings, LLC, Mepco Intermediate Holdings A, LLC, Mepco Intermediate Holdings, LLC, Dana Mining Company, LLC, Mepco Conveyor, LLC, Longview Power, LLC, Alternate Energy, LLC, Border Energy, LLC, Coresco, LLC Parties Debtor Longview Power, LLC 966 Crafts Run Road Maidsville, WV 26541 MONONGALIA-WV Tax ID / EIN: xx-xxx1860 Represented By Daniel J. DeFranceschi Richards, Layton & Finger One Rodney Square, P.O. Box 551 Wilmington, DE 19899 usa 302 651-7700 Fax : 302-651-7701 Email: defranceschi(a)rlf.com Paul N. Heath Richards Layton & Finger One Rodney Square PO Box 551 Wilmington, DE 19899 302-651-7700 Fax : 302-651-7701 Email: heath(a)rlf.com Paul Noble Heath Richards, Layton & Finger One Rodney Square P. O. Box 551 Wilmington, DE 19899 302-651-7700 Fax : 302-651-7701 Email: heath(a)rlf.com Zachary I Shapiro Richards, Layton & Finger, P.A. 920 North King Street, P.O. Box 551 Wilmington, DE 19801 302-651-7700 Fax : 302-651-7701 Email: shapiro(a)rlf.com Zachary I. Shapiro Richards Layton & Finger, P.A. 920 North King Street Wilmington, DE 19801 302-651-7700 Fax : 302-651-7701 Email: shapiro(a)rlf.com Amanda R. Steele Richards, Layton and Finger 920 N. King Street Wilmington, DE 19801 302-651-7838 Fax : 302-428-7838 Email: steele(a)rlf.com Marisa A. Terranova Richards Layton & Finger, P.A. 920 N. King Street Wilmington, DE 19899 302-651-7811 Fax : 302-498-7811 Email: terranova(a)rlf.com U.S. Trustee United States Trustee 844 King Street, Room 2207 Lockbox #35 Wilmington, DE 19899-0035 302-573-6491 Docket Aug 30 #1 Chapter 11 Voluntary Petition . Fee Amount $1213. Filed by Longview Power, LLC. (DeFranceschi, Daniel) (Entered: 08/30/2013) Aug 30 #2 Receipt of filing fee for Voluntary Petition (Chapter 11)(13-12211) [misc,volp11a] (1213.00). Receipt Number 6734274, amount $1213.00. (U.S. Treasury) (Entered: 08/30/2013) Aug 30 #3 Motion for Joint Administration Debtors' Motion for Entry of an Order Directing Joint Administration of Chapter 11 Cases Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #4 Affidavit/Declaration in Support of First Day Motion (of Jeffrey L. Keffer) Filed By Longview Power, LLC (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #5 Motion to Authorize (Debtors' Motion for Entry of an Order Authorizing the Debtors to File a Consolidated List of Creditors in Lieu of Submitting a Separate Mailing Matrix for Each Debtor) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #6 Application to Employ/Retain Donlin, Recano & Company, Inc. as the Claims and Noticing Agent to the Debtors, Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. (Steele, Amanda) (Entered: 08/30/2013) Aug 30 #7 Motion to Maintain Bank Accounts (Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Continue to Operate Their Cash Management Systems, (B) Honor Certain Prepetition Obligations Related Thereto, (C) Continue Current Investment Practices, (D) Maintain Existing Business Forms, and (E) Continue to Perform Intercompany Transactions, (II) Waiving the Deposit and Investment Requirements of Section 345(b) of the Bankruptcy Code and (III) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #8 Motion to Pay Employee Wages Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing, But Not Directing, The Debtors to (A) Pay Prepetition Employee Wages, Salaries, Other Compensation, and Reimbursable Expenses, (B) Continue Ordinary Course Incentive Programs for Non-Insiders, and (C) Continue Employee Benefits Programs and (II) Granting Related Relief Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #9 Motion to Pay Critical Trade Vendor Claims (Debtors' Motion for Entry of Interim and Final Orders (A) Authorizing Debtors to Pay Certain Prepetition Claims of Critical Vendors and (B) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #10 Motion to Authorize Debtors' Motion for Entry of an Order (I) Authorizing Debtors to (A) Pay Prepetition Claims of Shippers and Miscellaneous Lien Claimants, (B) Pay Section 503(b)(9) Claims, and (C) Grant Administrative Expenses Priority to all Undisputed Obligations for Goods Ordered Prepetition and Delivered Postpetition and Satisfy Such Obligations in the Ordinary Course of Business and (II) Granting Related Relief Filed by Longview Power, LLC. (Heath, Paul) (Entered: 08/30/2013) Aug 30 #11 Motion to Pay Sales and Use Taxes (Debtors' Motion for Entry of an Order (A) Authorizing, but not Directing, the Payment of Certain Prepetition Taxes, Governmental Assessments, and Fees and (B) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #12 Motion Prohibiting Utilities from Discontinuing Service (Debtors' Motion for Entry of Interim and Final Orders (A) Determining Adequate Assurance of Payment of Future Utility Services, (B) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services, (C) Establishing Procedures for Determining Adequate Assurance of Payment, and (D) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #13 Motion to Authorize Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Continue Insurance Coverage Entered into Prepetition, (B) Honor Their Prepetition Insurance Premium Financing Agreements, and (C) Renew their Premium Financing Agreements in the Ordinary Course of Business, and (II) Granting Related Relief Filed by Longview Power, LLC. (Heath, Paul) (Entered: 08/30/2013) Aug 30 #14 Motion to Approve (Debtors' Motion to Approve Continuation of Surety Bond Program) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #15 Exhibit(s) (Agenda for First Day Hearing and Index of First Day Pleadings) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #16 Motion to Extend Deadline to File Schedules or Provide Required Information Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #17 Motion for Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #18 Application to Employ/Retain Donlin, Recano & Company, Inc. as the Administrative Advisor for the Debtors, Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #19 Motion to Reject Lease or Executory Contract Debtors' Motion for Entry of an Order Authorizing the Debtors to Reject Certain Executory Contracts Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. Objections due by 9/13/2013. (Attachments: # 1 Notice # 2 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) #20 List of Creditors . .. ...

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Longview Power LLC
by Duane 01 Sep '13

01 Sep '13

Longview Power LLC filed for Chapter 11 bankruptcy status on August 30, 2013 in the Federal Bankruptcy Court in Delaware: The 12 related companies declaring bankruptcy are: Mepco, LLC, Shannopin Materials, LLC, Dana Mining Company of Pennsylvania, LLC, Mepco Holdings, LLC, Mepco Intermediate Holdings A, LLC, Mepco Intermediate Holdings, LLC, Dana Mining Company, LLC, Mepco Conveyor, LLC, Longview Power, LLC, Alternate Energy, LLC, Border Energy, LLC, Coresco, LLC Parties Debtor Longview Power, LLC 966 Crafts Run Road Maidsville, WV 26541 MONONGALIA-WV Tax ID / EIN: xx-xxx1860 Represented By Daniel J. DeFranceschi Richards, Layton & Finger One Rodney Square, P.O. Box 551 Wilmington, DE 19899 usa 302 651-7700 Fax : 302-651-7701 Email: defranceschi(a)rlf.com Paul N. Heath Richards Layton & Finger One Rodney Square PO Box 551 Wilmington, DE 19899 302-651-7700 Fax : 302-651-7701 Email: heath(a)rlf.com Paul Noble Heath Richards, Layton & Finger One Rodney Square P. O. Box 551 Wilmington, DE 19899 302-651-7700 Fax : 302-651-7701 Email: heath(a)rlf.com Zachary I Shapiro Richards, Layton & Finger, P.A. 920 North King Street, P.O. Box 551 Wilmington, DE 19801 302-651-7700 Fax : 302-651-7701 Email: shapiro(a)rlf.com Zachary I. Shapiro Richards Layton & Finger, P.A. 920 North King Street Wilmington, DE 19801 302-651-7700 Fax : 302-651-7701 Email: shapiro(a)rlf.com Amanda R. Steele Richards, Layton and Finger 920 N. King Street Wilmington, DE 19801 302-651-7838 Fax : 302-428-7838 Email: steele(a)rlf.com Marisa A. Terranova Richards Layton & Finger, P.A. 920 N. King Street Wilmington, DE 19899 302-651-7811 Fax : 302-498-7811 Email: terranova(a)rlf.com U.S. Trustee United States Trustee 844 King Street, Room 2207 Lockbox #35 Wilmington, DE 19899-0035 302-573-6491 Docket Aug 30 #1 Chapter 11 Voluntary Petition . Fee Amount $1213. Filed by Longview Power, LLC. (DeFranceschi, Daniel) (Entered: 08/30/2013) Aug 30 #2 Receipt of filing fee for Voluntary Petition (Chapter 11)(13-12211) [misc,volp11a] (1213.00). Receipt Number 6734274, amount $1213.00. (U.S. Treasury) (Entered: 08/30/2013) Aug 30 #3 Motion for Joint Administration Debtors' Motion for Entry of an Order Directing Joint Administration of Chapter 11 Cases Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #4 Affidavit/Declaration in Support of First Day Motion (of Jeffrey L. Keffer) Filed By Longview Power, LLC (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #5 Motion to Authorize (Debtors' Motion for Entry of an Order Authorizing the Debtors to File a Consolidated List of Creditors in Lieu of Submitting a Separate Mailing Matrix for Each Debtor) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #6 Application to Employ/Retain Donlin, Recano & Company, Inc. as the Claims and Noticing Agent to the Debtors, Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. (Steele, Amanda) (Entered: 08/30/2013) Aug 30 #7 Motion to Maintain Bank Accounts (Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Continue to Operate Their Cash Management Systems, (B) Honor Certain Prepetition Obligations Related Thereto, (C) Continue Current Investment Practices, (D) Maintain Existing Business Forms, and (E) Continue to Perform Intercompany Transactions, (II) Waiving the Deposit and Investment Requirements of Section 345(b) of the Bankruptcy Code and (III) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #8 Motion to Pay Employee Wages Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing, But Not Directing, The Debtors to (A) Pay Prepetition Employee Wages, Salaries, Other Compensation, and Reimbursable Expenses, (B) Continue Ordinary Course Incentive Programs for Non-Insiders, and (C) Continue Employee Benefits Programs and (II) Granting Related Relief Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #9 Motion to Pay Critical Trade Vendor Claims (Debtors' Motion for Entry of Interim and Final Orders (A) Authorizing Debtors to Pay Certain Prepetition Claims of Critical Vendors and (B) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #10 Motion to Authorize Debtors' Motion for Entry of an Order (I) Authorizing Debtors to (A) Pay Prepetition Claims of Shippers and Miscellaneous Lien Claimants, (B) Pay Section 503(b)(9) Claims, and (C) Grant Administrative Expenses Priority to all Undisputed Obligations for Goods Ordered Prepetition and Delivered Postpetition and Satisfy Such Obligations in the Ordinary Course of Business and (II) Granting Related Relief Filed by Longview Power, LLC. (Heath, Paul) (Entered: 08/30/2013) Aug 30 #11 Motion to Pay Sales and Use Taxes (Debtors' Motion for Entry of an Order (A) Authorizing, but not Directing, the Payment of Certain Prepetition Taxes, Governmental Assessments, and Fees and (B) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #12 Motion Prohibiting Utilities from Discontinuing Service (Debtors' Motion for Entry of Interim and Final Orders (A) Determining Adequate Assurance of Payment of Future Utility Services, (B) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services, (C) Establishing Procedures for Determining Adequate Assurance of Payment, and (D) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #13 Motion to Authorize Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Continue Insurance Coverage Entered into Prepetition, (B) Honor Their Prepetition Insurance Premium Financing Agreements, and (C) Renew their Premium Financing Agreements in the Ordinary Course of Business, and (II) Granting Related Relief Filed by Longview Power, LLC. (Heath, Paul) (Entered: 08/30/2013) Aug 30 #14 Motion to Approve (Debtors' Motion to Approve Continuation of Surety Bond Program) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #15 Exhibit(s) (Agenda for First Day Hearing and Index of First Day Pleadings) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #16 Motion to Extend Deadline to File Schedules or Provide Required Information Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #17 Motion for Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #18 Application to Employ/Retain Donlin, Recano & Company, Inc. as the Administrative Advisor for the Debtors, Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #19 Motion to Reject Lease or Executory Contract Debtors' Motion for Entry of an Order Authorizing the Debtors to Reject Certain Executory Contracts Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. Objections due by 9/13/2013. (Attachments: # 1 Notice # 2 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) #20 List of Creditors . .. ...

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Re: [MVCAC] Longview Power is likely to declare bankruptcy
by James Kotcon 01 Sep '13

01 Sep '13

One article indicated that the coal was INITIALLY being transported by conveyor, which implies they are no longer doing it that way. I have no information on why that might be. Jim Kotcon >>> Andrew Liebhold 08/31/13 10:49 PM >>> One piece of information that has not been shared in their press releases is exactly what technical problems they are having with the plant. I understand that they have a problem with a leak in the boiler and noticed a leak detection service is one of their debtors. I also noticed that the entire plant was shut down a few months ago. I'm also wondering if they are having problems with the overland conveyor. When I've driven by it, it has always seemed like it is not working and they seem to be running coal trucks to and from the 4-West mine? According to one of the news articles, the plant is running under-capacity and not reliably enough to sell electricity on long-term contracts. Makes you wonder if there has been some mis-management somewhere? On Sat, Aug 31, 2013 at 4:35 PM, Betty Wiley wrote: > I get the impression they will keep operating under bankruptcy, so jobs > will still be there?????? > > > On Sat, Aug 31, 2013 at 12:31 PM, Cindy Frich wrote: > >> I too sad about the jobs to gloat that I warned the County Commission and >> School Board. >> >> >> Sent from Yahoo! Mail on Android >> >> ------------------------------ >> * From: * Julieann F. Wozniak ; >> * To: * Andrew Liebhold ; >> * Cc: * ; >> * Subject: * Re: [MVCAC] Longview Power is likely to declare bankruptcy >> * Sent: * Fri, Aug 30, 2013 7:54:50 PM >> >> On 8/8/2013 9:31 PM, Andrew Liebhold wrote: >> >> Surprisingly (OK, maybe it's not surprising!), the local newspaper has >> not reported that Longview Power has been in an increasingly tight >> financial squeeze in part due to operational problems at the power plant >> (apparently they have a serious boiler leak among other problems) and also >> in part due to the low market prices for electrical power. I'm attaching a >> recent article from a trade journal that reports on their woes, indicating >> that they are likely to file for a "package bankruptcy" this fall. I have >> several other articles that have appeared earlier about Longview's growing >> financial troubles and could send them to anybody who is interested. >> >> Too embarrassed, perhaps? Fox Business News has the article verbatim:http://www.foxbusiness.com/news/2013/08/30/power-company-longview-…. >> >> The Dunkard Creek Facebook page does as well. GenPower has a long track >> record of similar financial problems in the midwest. Longview was the first >> ever power plant project it completed. Is suspect that the Lauritas and the >> taxpayers of West Virginia will be left holding the bag on this one. >> >> Julieann Wozniak >> >> >> >> _______________________________________________ >> MVCAC mailing list >> MVCAC(a)osenergy.org >> http://wvcompletestreets.org/mailman/listinfo/mvcac >> > >

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Longview Power is likely to declare bankruptcy
by Andrew Liebhold 01 Sep '13

01 Sep '13

Surprisingly (OK, maybe it's not surprising!), the local newspaper has not reported that Longview Power has been in an increasingly tight financial squeeze in part due to operational problems at the power plant (apparently they have a serious boiler leak among other problems) and also in part due to the low market prices for electrical power. I'm attaching a recent article from a trade journal that reports on their woes, indicating that they are likely to file for a "package bankruptcy" this fall. I have several other articles that have appeared earlier about Longview's growing financial troubles and could send them to anybody who is interested. As much as the folks at GenPower and elsewhere might like to blame their problems on "Obama's war on coal", it strikes me that their problems can pretty much be attributed to the lack of foresight by Longview investors in selecting coal as a fuel and errors made by the engineers who designed and built it... -Sandy Liebhold

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Good Article on the Longview Bankrupcy
by Duane 31 Aug '13

31 Aug '13

DOMINION POST Longview filing for bankruptcy Judge must approve reorganization plans BY BEN CONLEY AND ALEX LANG The Dominion Post, August 31, 2013 The company overseeing Longview Power Plant has filed for bankruptcy, but will be allowed to reorganize its business. The filing was done Friday in the U.S. Bankruptcy Court for the District of Delaware. Longview Intermediate Holdings C, LLC filed for Chapter 11 bankruptcy. Under Chapter 11, a business can develop a reorganization plan, which must be approved by a judge. Longview Power Plant recently opened and began operations in Maidsville. The power plant is a 700 megawatt supercritical coal-fired power facility and one of the most efficient, with lowest air emissions in the country, according to a company news release. The company lists more than a billion dollars in both assets and liabilities in the filing. According to the filing, the company estimates it will pay back unsecured creditors. The unsecured creditors are the last group to receive money in Chapter 11. Unsecured debtors are not guaranteed to receive their full claims. Included in the filing is a list of the top 50 unsecured debtors. The largest unsecured debtor is CONSOL, with a claim amount of nearly $800,000. The Monongalia County Sheriff ’s Tax Office is the third highest, with a claim of about $310,000. Mon County entered into a Payment in Lieu of Taxes (PILT) agreement with Longview in 2008, which set up a series of annual payments to be paid to the county instead of paying actual property taxes. The payments were scheduled over the next 30 years, increasing annually. Monongalia County Commissioner Bill Bartolo said representatives of Longview contacted the commission office Friday morning to confirm the bankruptcy filing. “There was a rumor floating around,” Bartolo said. “They claim it will not impact the payment in lieu of taxes. Of course that’s a concern because that impacts the county as well as the board of education.” The annual payments are divided between the county and the board of education, based on the levy rate set by each. Commissioner Tom Bloom said he was concerned, not only about the PILT, but also about the potential for people losing work. “Being realistic, if you’re going to have to restructure, it’s going to have to come from somewhere,” he said. “I guess we’ll just have to wait and see.” Bartolo agreed. “You can speculate about what if, but at this point, it’s just not prudent to do that.” Brickstreet Insurance is owed almost $275,000. Forquer Contracting LLC out of Pentress is owed about $142,000. GEC INC out of Bruceton Mills is owed about $120,000. JL Pretzel Contracting LLC, also out of Bruceton Mills, is owed just more than $26,000. Diggler’s Construction LLC out of Kingwood has a claim of $25,200. Several affiliates are also listed in the filing including Longview Power, LLC, Alternate Energy, LLC, Border Energy, LLC, Coresco, LLC, Dana Mining Co. of Pennsylvania, LLC, Dana Mining Co., LLC, Longview Intermediate Holdings C, LLC, Mepco Conveyor, LLC, Mepco Holdings, LLC, Mepco Intermediate Holdings A, LLC, Mepco Intermediate Holdings, LLC, Mepco, LLC and Shannopin Materials, LLC. Mepco operates three active underground coal mines and one active surface mine, according to the company. Chrysler went through the same type of bankruptcy. It filed in 2009 and continues to operate and still does business today. <<< Duane Nichols, Mon Valley Clean Air Coalition >>>>>> So the truck traffic on Ft. Martin Road will continue for some time to come, Dunkard Creek may never be cleaned up, and coal waste and ash will continue to be dumped in the headwaters of Crooked Run and Craft Run. Cooling water is coming out of the Mon River, and unknown waste streams (quantity and concentration ?) are being injected underground in Pennsylvania.

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Power company Longview & Mepco seeks bankruptcy, blames Siemens
by Duane 31 Aug '13

31 Aug '13

http://www.reuters.com/article/2013/08/30/us-longviewpower-bankruptcy-idUSB… Power company Longview seeks bankruptcy, blames Siemens By Tom Hals and Sakthi Prasad Fri Aug 30, 2013 11:38am EDT (Reuters) - Longview Power LLC filed for Chapter 11 bankruptcy on Friday and blamed a unit of Germany's Siemens AG for glitches at Longview's $2 billion West Virginia power plant that left it unable to pay its debts. The coal-fired plant in Maidsville has a capacity to generate about 700 megawatts of electrical power and was among the largest construction projects in West Virginia's history. However, it has been plagued by construction delays and legal problems since it was proposed more than a decade ago. Longview said there will be no interruption to its business and employees will not be affected by the Chapter 11 filing. The plant was funded by a $1 billion equity investment by First Reserve Corp, a private equity firm focused on energy, and about $1 billion in debt. About $557 million in debt matures in February, according to documents filed in the U.S. Bankruptcy Court in Delaware. The bankruptcy filing was aimed at preventing a default on an interest payment due Friday, which in turn would have caused a default on a $59 million letter of credit. "The company has been in consensual negotiations with our senior lenders toward a Chapter 11 plan to maximize value. We remain confident that the company and our lenders will reach an agreement on the terms of a Chapter 11 plan in the near term," Chief Executive Jeffery Keffer said in a statement. The company blamed its bankruptcy primarily on what it called the failures by the contractors which built the plant, delaying its opening by nine months and limiting the plant's capacity. Siemens Energy led a team that also included units of Foster Wheeler AG and Kvaerner ASA of Norway. Siemens and Foster Wheeler did not immediately respond to a request for comment. Kvaerner could not be reached for comment, but said in its annual report that construction delays were caused by changes to the project and the supply of services and materials. The legal disputes are currently before an arbitration panel, but Keffer said in court documents the company plans to seek an expedited hearing on the disputes in the bankruptcy court. The company also blamed the sharp decline in wholesale electricity prices that have caused other power producers such as Dynegy to seek bankruptcy. In addition to Longview Power, 12 affiliates also filed for bankruptcy protection, including the company's Mepco coal business which owns or operates four mines in West Virginia and Pennsylvania. The mines produce about 4 million tons of coal annually, according to court records. Coal prices have been falling due to a boom in natural gas drilling. GenPower Holdings is Longview's ultimate parent. The company has engaged Lazard Ltd (LAZ.N) as its investment banker and Alvarez & Marsal North America LLC as its restructuring advisor. Longview is represented by Kirkland & Ellis LLP, as primary restructuring counsel, and Dentons US LLP for all issues related to company's pending arbitration proceedings. The case is in re Longview Power LLC, Case No. 13-12211, U.S. Bankruptcy Court, District of Delaware. (Reporting by Sakthi Prasad in Bangalore; Editing by David Cowell and Andrew Hay) Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Longview Power article July 2013
by Duane 08 Aug '13

08 Aug '13

Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Longview is short of cash . .. ...
by Duane 08 Aug '13

08 Aug '13

Research Update: Longview Power LLC's Rating Lowered To ?CCC-? On Likely Restructuring; Outlook Negative Published: June 2013Standard & Poors Abstract Longview Power LLC is unlikely to be able to refinance part of its senior secured debt due in February 2014 on favorable terms, and we expect it will continue to use liquidity to meet financial obligations during 2013 and into 2014. Material operational problems continue to occur and merchant power prices are likely to remain depressed. We are lowering the debt rating on Longview Power's credit facilities to 'CCC-' from 'B-', reflecting the high potential for a restructuring before the February 2014 maturity. The outlook remains negative. On June 28, 2013, Standard & Poor's Ratings Services lowered its debt rating on Longview Power LLC's senior secured credit facilities to 'CCC-' from 'B-' and kept the ratings on negative outlook. Companies mentioned in this report are: - Longview Power LLC Action: Downgraded

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House Subpoena Revives Battle Over Air Pollution Studies
by Duane 08 Aug '13

08 Aug '13

http://www.sciencemag.org/content/341/6146/604.short ....... Link between soot in the air and death rates . .. ... Science 9 August 2013: Vol. 341 no. 6146 p. 604 DOI: 10.1126/science.341.6146.604 NEWS & ANALYSIS ENVIRONMENTAL POLICY House Subpoena Revives Battle Over Air Pollution Studies Kelly Servick Chair Lamar Smith and fellow Republicans have issued the House science committee's first subpoena in 21 years, demanding that raw data from two key studies on the health effects of air pollution be made public. The same research came under attack in the late '90s, but subsequent studies have confirmed its groundbreaking findings on the link between soot in the air and death rates. Democrats call the subpoena a violation of confidentiality promised to the study participants and fear industry will misinterpret the data to undermine regulations.

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Life is better: Dramatic changes - Editorial - The Charleston Gazette
by Duane 19 Jul '13

19 Jul '13

http://www.wvgazette.com/Opinion/Editorials/201307120075 Life is better: Dramatic changes - Editorial : The Charleston Gazette, Jim Haught, Executive Editor, July 12, 2013 World War II killed at least 40 million people, only a generation after World War I killed 15 million. Yet today, full-scale warfare between nations has disappeared. When the 1900s began, average human life expectancy was only about 48 years. Now it's nearing 80. Murder in Europe was about 100 per 100,000 population during medieval times -- but it has fallen 99 percent, to just one per 100,000 today. Lynching of blacks in the U.S. south ended. Right after World War II, the world had only 20 democracies, but now the total is near 100. Surprisingly, life has improved to a stunning degree. Several recent books declare that civilization has entered a new phase -- a time of humane values, orderly society and widespread public safety -- despite random terrorist attacks, gun massacres and other horrors that make headlines. Harvard psychologist Steven Pinker -- author of The Better Angels of Our Nature: Why Violence Has Declined -- calls the transformation "maybe the most important thing that has ever happened in human history." Interviewed in the July-August issue of Skeptical Inquirer magazine, Dr. Pinker said some scholars once assumed that humans have built-in "urges like revenge and dominance" making them "killer apes" with "homicidal DNA." But now it has become clear that intelligent, reasonable people can suppress lethal instincts and create law-abiding cultures in which families live peacefully. The psychologist said: "It used to be that countries in Europe would start two new wars a year for 500 years. As of 1945, that went to zero. Military historians have just been astonished at the fact that war between developed countries has pretty much ceased to exist .... If you look at statistics on war worldwide, since 1990, they have been going down, down, down. Fewer people are killed in war than ever before." Question: If warfare is vanishing, why does America bankrupt itself by spending $1 trillion per year for the world's largest war-making machine -- more taxpayer cost than virtually all other nations on Earth combined? What's the point of this gigantic spending? Other Western nations don't squander their assets in this manner. Today, threats arise chiefly from hidden terror fanatics and Third World civil conflicts -- small menaces against which giant armies, navies and air forces are ineffective. Dr. Pinker attributes the general retreat of violence to democratic civilization fostered through efforts like the United Nations. "If you live in a society where there is a rule of law for long enough, it changes your emotions," he said. " You become less likely to react with rage if someone gives you the finger or calls you a nasty name. You don't challenge them to knife fight; you walk away." The Harvard scholar added that gun-saturated America is bloodier than other advanced nations: "By a number of criteria, the United States is more violent than other Western democracies. Our rate of homicide is two to five times higher .... We start more wars, and 33 of the 50 states have capital punishment, which has been abolished everywhere else." Let's all hope that America gradually joins the rest of modern cultures in the historic shift away from killing. +++++++++++++++++++++++++++++++++++ Jim Haught Kudos for your editorial "Life is better". But if I may, I'd like to expand that to illustrate how government intervention through regulation has also improved our lives. First I should disclose that as a Canadian I was until my company transferred me to California, a member of the Progressive Conservative party there. While that party name may seem to be an oxymoron, the truth is it was a party dedicated to careful thoughtful progress while taking into consideration the lessons of the past, so “...we would not be doomed to repeat the mistakes!” That's a concept that the right wing in this country has abandoned...and sadly in Canada too. Presidents Teddy Roosevelt, Dwight Eisenhower and even Ronald Ragan are undoubtedly spinning in their graves at the obstructionist no progress attitude of the GOP today. But I digress. As an engineer who has been challenged by air quality issues and opportunities for the last 50 years, I have seen time and time again how regulatory agencies pushed the technology envelopes and demanded cleaner air even when B.A.C.T* was not good enough or the technology beyond it was seemingly possible. Let me give you some examples. (*Best Available Control Technology) My father when I was a teenager, had a Cadillac. That car when new had a 90 day 4000 mile warranty and was lucky to get a 11 or 12 miles to the gallon. The California Air Resources Board, (CARB is the State’s primary air regulatory agency for mobile sources), recognizing scientifically the serious smog conditions in Southern California in particular were caused primarily by automobile emissions, began in the late 50’s, early 60’s, a process of demanding through regulations an improved control of emissions in vehicles. That process for the last 45 years has brought us today to automobiles that are 98% cleaner than they were when they started in 1968. During those efforts, CARB realized that requiring clean emissions in new vehicles was not enough. They then demanded that the automobile companies design and build vehicles so that the emission performance would exist for the first hundred thousand miles of the vehicle's life...assuming proper maintenance. The automobile industry fought them every step of the way. What’s the result? today’s vehicles are cleaner, far more efficient, and much better made. My wife’s 2009 Cadillac today has a six-year 100,000 mile warranty and we regularly achieve an average of 26.4 miles to the gallon. That's progress! Let me give you another example. As an engineer I was retained by the South Coast Air Quality Management District (SCAQMD) in Los Angeles to examine the economic impact of a more Stringent rule that they were proposing to eliminate, not reduce, but eliminate all volatile organic compounds from coatings on furniture. That meant eliminating what for many years ago we all remember was the smell of drying paint. It was the evaporation of the volatile organic compounds on the manufacture of new furniture and painting of architectural elements, that was clearly in the science based opinion of SCAQMD, contributing to the smog of Southern California. The furniture industry in Southern California, which at the time was the second-largest concentration of furniture manufacturers in United States, screamed bloody murder. Jobs! Economic chaos! You've all heard the mantra. They argued that not only were no such coatings available at the time, (and they weren't), but that if the rule was implemented the entire industry would either die or leave Southern California and go to Mexico where no such rules existed. SCAQMD set a goal of implementing the rule five years hence from its announcement. So it was the regulators who press the technology which, within four years, was successful. Through innovation, pressured by regulatory demands for cleaner air, VOC free coatings were made available before the fifth year arrived and are now the standard for those coatings today. These are just two examples I offer to show how we have made major progress in cleaning up the air we breathe by regulatory agencies, in other words the government, pressing for "dramatic change" by pushing the technological envelopes. These were not market forces that brought these changes about, but Government regulators acting with scientific evidence and thoughtful legislative support from both progressive and conservative legislators who demanded that "Life should be better" in California. Today Obama's Pressure for "dramatic changes" in coal fired power plants is certainly and scientifically justified. As we see all around us in West Virginia the serious health damages that are caused to citizens everywhere, we must ask, no demand, that nothing less than zero emissions be tolerated. Alternative energy sources are dramatically lower in emissions. Why should we tolerate anything less... except to protect coal company profits. And in spite of the deniers, it is now quite clear, we are by our in action and a century of the escalating emission of greenhouse gases causing serious damage to our planet. Why should we tolerate anything less than clean air and a safe planet for our grandchildren. While there may be an ER for citizens whose health is compromised by air and water pollution, there is no ER for the planet! Yes, "Life will be better" when we stop killing each other and our planet. And the irony, which has been shown so many times before, and as I pointed out in the examples above, the economic opportunities and advantages of cleaning up our act are clearly available once we reintroduce and embrace the concept of being Progressive Conservatives. Allan Tweddle, Charleston, WV, July 15, 2013

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Federal Court Strikes Down Biomass Carbon Dioxide Loophole
by Duane 16 Jul '13

16 Jul '13

http://ecowatch.com/2013/court-strikes-down-epa-biomass-loophole/ Federal Court Strikes Down Biomass Carbon Dioxide Loophole Center for Biological Diversity, July 15, 2013 On Friday, a key federal court ruling confirmed that Clean Air Act limits on carbon dioxide (CO2) pollution apply to industrial facilities that burn biomass, including tree-burning power plants. The court vacated an exemption that the U.S. Environmental Protection Agency (EPA) had carved out for “biogenic carbon dioxide.” The decision, by a panel of the U.S. Court of Appeals for the DC Circuit in Center for Biological Diversity v. EPA (D.C. Cir. No. 11-1101), found that the EPA had improperly exempted all sources of biogenic CO2 from permitting programs intended to protect people and the environment from harmful pollution. “Burning trees to generate electricity is dangerous, polluting and ought to be limited to protect people and the environment,” said Kevin Bundy, a senior attorney with the Center for Biological Diversity’s Climate Law Institute. “This important decision will reduce respiratory ailments, protect forests and help ensure a healthier, more livable climate.” “Today’s ruling upholds [the] EPA’s authority to regulate pollution that drives climate change. The court’s decision is grounded in an understanding that the science shows that biomass fuels, including tree-burning, can make climate disruption worse,” said Ann Weeks, legal director of the Clean Air Task Force, who argued the case for the petitioners and appeared on behalf of the Conservation Law Foundation and the Natural Resource Council of Maine. “The court clearly noted that the atmosphere can’t tell the difference between fossil fuel carbon dioxide and carbon dioxide emitted by burning trees,” said Weeks. “The science is clear that not all biomass burning is good for the planet and today’s ruling rightly affirms science as the guide for how [the] EPA must now move forward on biomass energy production,” said Niel Lawrence, senior attorney at the Natural Resources Defense Council. “This decision will ultimately benefit the climate, as well as Americans who want to breathe easier and protect the forests that they love. It will also ensure that our investments in clean energy go to sources that are actually clean.” “The court’s decision is particularly important for the Southeast. Now we have an opportunity for a more sensible, science-based policy, one that avoids clearcutting the region’s wildlife-rich forests for energy while intensifying climate change impacts,” said Frank Rambo, head of the clean energy and air program for the Southern Environmental Law Center, which is representing Dogwood Alliance, Georgia ForestWatch, South Carolina Coastal Conservation League and Wild Virginia in the case. Emissions from power plants and other industrial facilities that burn biomass can accelerate global warming and contribute to a host of respiratory and cardiac problems. Biomass-fueled power plants emit significantly more CO2 per kilowatt produced than power plants that burn fossil fuels—even coal—and it can take decades before that excess CO2 is “re-sequestered” by subsequent plant growth. Under the Clean Air Act, facilities that are required to control their CO2 emissions must also control any “significant” emissions of other regulated pollutants, so the court’s decision also means that communities near these plants will benefit from reductions in pollution that causes asthma and other health problems. Duane Nichols, Cell- 304-216-5535, www.FrackCheckWV.net

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Re: [MVCAC] Federal Court Strikes Down Biomass Carbon Dioxide Loophole
by James Kotcon 16 Jul '13

16 Jul '13

I think I want to read the decision and the facts of the case before I jump to conclusions. While biomass "recycles" carbon instead of releasing fossil carbon, biomass facilities also encourage clear-cutting, and clear-cutting generates significantly more CO2 from degradation of soil organic matter than from the biomass burned directly. This "carbon debt" means that it may take 75 years before a forest regrows and stores enough carbon to make up for what was lost by clear-cutting. The few studies available suggest that the energy and carbon balance for biomass may make sense for small local facilities, but the balance tips against large industrial-scale facilities. While it may seem counter-intuitive, the science does not automatically favor biofuels as a solution to global warming, and we need to let reality drive air pollution policy. Jm Kotcon >>> Andrew Liebhold 07/16/13 11:13 AM >>> This strikes me as a very poorly informed decision. Burning forest-derived biomass is potentially highly desirable from a carbon standpoint. The carbon contained in trees will be released into the atmosphere regardless of whether it does so by combustion or via decomposition, and is therefore a truly "carbon-neutral" source of energy. If it is utilized in place of burning fossil fuels, it can greatly reduce net carbon emissions. Whoever these people are in the Clean Air Task Force, Conservation Law Foundation and the Natural Resource Council of Maine, I think they would benefit from studying a little bit of ecosystem science. There efforts are clearly mis-placed which is unfortunate... -Sandy Liebhold On Tue, Jul 16, 2013 at 7:44 AM, Duane wrote: > http://ecowatch.com/2013/court-strikes-down-epa-biomass-loophole/ > > Federal Court Strikes Down Biomass Carbon Dioxide Loophole Center for > Biological Diversity , July 15, 2013 > > On Friday, a key federal court ruling confirmed that Clean Air Actlimits on carbon dioxide (CO2) pollution apply to industrial facilities > that burn biomass, including tree-burning power plants. > The court vacated an exemption that the U.S. Environmental Protection > Agency (EPA) had carved out for “biogenic carbon dioxide.” > > > > > The decision, by a panel of the U.S. Court of Appeals for the DC Circuit > in Center for Biological Diversity v. EPA (D.C. Cir. No. 11-1101), found that the EPA had improperly exempted > all sources of biogenic CO2 from permitting programs intended to protect > people and the environment from harmful pollution. > > “Burning trees to generate electricity is dangerous, polluting and ought > to be limited to protect people and the environment,” said Kevin Bundy, a > senior attorney with the Center for Biological Diversity’s Climate Law > Institute. “This important decision will reduce respiratory ailments, > protect forests and help ensure a healthier, more livable climate.” > > “Today’s ruling upholds [the] EPA’s authority to regulate pollution that > drives climate change . > The court’s decision is grounded in an understanding that the science shows > that biomass fuels, including tree-burning, can make climate disruption > worse,” said Ann Weeks, legal director of the Clean Air Task Force, > who argued the case for the petitioners and appeared on behalf of the Conservation > Law Foundation and the Natural Resource Council of > Maine . > > “The court clearly noted that the atmosphere can’t tell the difference > between fossil fuel carbon dioxide and carbon dioxide emitted by burning > trees,” said Weeks. > > “The science is clear that not all biomass burning is good for the planet > and today’s ruling rightly affirms science as the guide for how [the] EPA > must now move forward on biomass energy production,” said Niel Lawrence, > senior attorney at the Natural Resources Defense Council. > “This decision will ultimately benefit the climate, as well as Americans > who want to breathe easier and protect the forests that they lov> also ensure that our investments in clean energy go to sources that are > actually clean.” > > “The court’s decision is particularly important for the Southeast. Now we > have an opportunity for a more sensible, science-based policy, one that > avoids clearcutting the region’s wildlife-rich forests for energy while > intensifying climate change impacts,” said Frank Rambo, head of the clean > energy and air program for the Southern Environmental Law Center, > which is representing Dogwood Alliance , Georgia > ForestWatch , South Carolina Coastal Conservation > League and Wild Virginiain the case. > > Emissions from power plants and other industrial facilities that burn > biomass can accelerate global warming and contribute to a host of > respiratory and cardiac problems. Biomass-fueled power plants emit > significantly more CO2 per kilowatt produced than power plants that burn > fossil fuels—even coal—and > it can take decades before that excess CO2 is “re-sequestered” by > subsequent plant growth. > > Under the Clean Air Act, facilities that are required to control their CO2 > emissions must also control any “significant” emissions of other regulated > pollutants, so the court’s decision also means that communities near these > plants will benefit from reductions in pollution that causes asthma and > other health problems. > > Duane Nichols, Cell- 304-216-5535, www.FrackCheckWV.net > > > _______________________________________________ > MVCAC mailing list > MVCAC(a)osenergy.org > http://wvcompletestreets.org/mailman/listinfo/mvcac >

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To clean the air, Dutch scientists invent pavement that eats smog - latimes.com
by Duane 09 Jul '13

09 Jul '13

http://www.latimes.com/news/science/sciencenow/la-sci-sn-smog-eating-street… TO CLEAN THE AIR, PAVEMENT THAT EATS SMOG . .. ... What if the solution to smog was right where the rubber meets the road? Scientists in the Netherlands have found that installing special air-purifying pavement on city streets can cut air pollution nearly in half. Researchers at Eindhoven University of Technology outfitted one block in the city of Hengelo, Netherlands, with paving blocks sprayed with titanium oxide, which has the ability to remove pollutants from the air and turn them into less harmful chemicals. The researchers left normal pavement on an adjacent street as a control. After taking measurements for a year, the scientists found that the street outfitted with smog-eating paving blocks, also called photocatalytic pavement, reduced nitrogen oxide air pollution by up to 45% in ideal weather conditions and 19% over the course of a day. Nitrogen oxides -- also known as NOx -- are a group of poisonous gases produced by cars and power plants that react with other compounds in the atmosphere to form smog. The findings, published in the Journal of Hazardous Materials, could provide a glimpse of how cities in the future might be designed to gobble up air pollution from auto emissions. While the air-cleaning potential of photocatalytic surfaces has been known for several years, Institution of Chemical Engineers Chief Executive David Brown said in a news release, “this latest research shows the potential of chemically engineered surfaces to further improve our quality of life, especially in major urban areas where traffic emissions are high.” Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Ground Level Ozone and Inversions . .. ...
by Duane 03 Jul '13

03 Jul '13

Thanks to Joe Osborne from GASP for helping us with our continuing education on air pollution. Joe sends this information on ground level ozone and inversions: Ozone is almost exclusively a summer pollutant because sunlight is necessary for ozone to form. Temperature inversions, which tend to trap locally-generated pollutants in valleys, can occur year-round but are somewhat more frequent in the summer as well. That said, inversions are more likely to result in higher concentrations of particulate matter than ozone because: 1. particulate matter pollution is present year-round, significant ground-level ozone concentrations are not. So even though winter inversions are less common than summer ones, when they do occur, they may well result in unhealthy particulate matter concentrations, but are exceedingly unlikely to result in unhealthy ozone concentrations. 2. inversions tend to occur late at night or early in the morning--times when the sun is not shining and ozone concentrations are low. So in the summer we're likely to see elevated ozone and PM concentrations. In the winter, elevated ozone concentrations are almost unheard of (outside of some rather freakish examples like the wintertime ozone exceedances associated with oil and gas development in Wyoming), and elevated PM concentrations occur somewhat less frequently than in the summer, but do still occur (sometimes aided by a winter inversion). I do a somewhat better job of explaining this (and also illustrate with some charts) at: http://gasp-pgh.org/2011/07/physical-activity-and-temporal-trends-in-air-qu… Joe Osborne, Legal Director Group Against Smog and Pollution Office: 412.924.0604 Cell: 617.909.8365 gasp-pgh.org

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Fwd: Help Us Cool Off a Fire Station--by Painting the Roof White
by Duane 09 Jun '13

09 Jun '13

> From: Group Against Smog and Pollution <jamin(a)gasp-pgh.org> > Date: June 7, 2013 9:23:57 PM GMT+02:00 > To: duane330(a)aol.com > Subject: Help Us Cool Off a Fire Station--by Painting the Roof White > Reply-To: jamin(a)gasp-pgh.org > > > > > GASP Alert > Action and News from > Group Against Smog and Pollution > > > JOIN OUR LIST > > June 7, 2013 > > Help Us Beat the Heat With a Cool Roof > Cool Roofs, a green initiative modeled after a similar one in New York City, aims to paint over 50,000 square feet of roofs on buildings owned by the City of Pittsburgh. The white, reflective paint will keep the building cooler in warm months, which means less energy will be needed to keep the building comfortable. > > This will result in less coal or gas burned to heat the building, meaning less air pollution (and lower utility bills for the city). Join us Friday, June 14 for a few hours to help us paint our way to cleaner air! Learn all you need to know here, and RSVP to jamin(a)gasp-pgh.org. > > Friday, June 14 > Shift 1: 8:30 AM - 12:30 PM > Shift 2: 3:30 - 5 PM > Fire Engine 15 > 7024 Lemington Avenue > Pittsburgh, PA 15206 > > We appreciate your participation on the GASP Alert email list. Together, we can make a difference in our region's environment. We won't trade or sell your email address with other organizations or inundate you with messages. Visit our website at gasp-pgh.org or call us at (412) 924-0604 for more information. Thank you! > Forward email > > This email was sent to duane330(a)aol.com by jamin(a)gasp-pgh.org | > Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. > Group Against Smog and Pollution | 5135 Penn Avenue | Pittsburgh | PA | 15224

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EPA disapproving narrow portion of WV SIP
by Jonathan Rosenbaum 16 May '13

16 May '13

I thought this may be of interest: https://www.federalregister.gov/articles/2013/05/09/2013-10935/approval-and… (j)(1) EPA is disapproving a narrow portion of West Virginia's August 31, 2011 submittal because it does not satisfy the requirement that emissions of PM_2.5 and PM_10 shall include gaseous emissions which condense to form particulate matter at ambient temperatures. This disapproval extends only to the lack of condensable emissions within the definition of “regulated NSR pollutant,” found at 45CSR14 section 2.66, and does not alter EPA's October 17, 2012 (77 FR 63736 <https://www.federalregister.gov/citation/77-FR-63736>) approval of the remaining portions of West Virginia's August 2011 SIP submittal. (2) EPA is disapproving specific portions of West Virginia's infrastructure SIP submissions dated December 3, 2007, December 11, 2007, April 3, 2008, October 1, 2009, October 26, 2011, and February 17, 2012 which address certain obligations set forth at CAA sections 110(a)(2)(C), (D)(i)(II) and (J) relating to the West Virginia PSD permit program. Because West Virginia's definition of “regulated NSR pollutant” in 45CSR14 does not address condensables for PM_2.5 and PM_10 emissions, EPA is determining that West Virginia's infrastructure SIP submissions do not meet certain statutory and regulatory obligations relating to a PSD permit program set forth at CAA sections 110(a)(2)(C), (D)(i)(II) and (J) for the narrow issue of condensables as set forth in the following table. Submittal dates NAAQS Infrastructure element(s) disapproved in this action December 11, 2007; April 3, 2008 1997 PM_2.5 110(a)(2)(D)(i)(II). December 3, 2007; December 11, 2007 1997 ozone 110(a)(2)(D)(i)(II). October 1, 2009 2006 PM_2.5 110(a)(2)(D)(i)(II). October 26, 2011 2008 lead 110(a)(2)(D)(i)(II), (C), and (J). February 17, 2012 2008 ozone 110(a)(2)(D)(i)(II), (C), and (J).

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Fwd: MonValley Clean Air Coalition, We Need You at 3 Important Earth Week Events
by Duane 17 Apr '13

17 Apr '13

> From: Clean Air Council <action(a)cleanair.org> > > Subject: MonValley Clean Air Coalition, We Need You at 3 Important Earth Week Events > > > > Dear MonValley Clean Air Coalition, > > > > > > > Earth Day is just around the corner, but there is still time to get in on some of the action. The Council invites you to come out to three important events, including our 5K Run for Clean Air this weekend, a public forum on climate change and faith, and an EPA Public Hearing. > > > The Imperative to Address Climate Change: Voices of Faith Speak Out > > Please come out to next week's Urban Sustainability Forum event that we're hosting with partnering organizations. We hope to begin a conversation on climate change that crosses the boundaries of partisanship, economics, and faith. > > Monday, April 22, 2013 from 6:00 PM to 8:00 PM > > The Academy of Natural Sciences of Drexel University > > Philadelphia, PA > > The Council invites you to come out to an Urban Sustainability Forum event that we're hosting with partnering organizations. We hope to begin a conversation on climate change that crosses the boundaries of partisanship, economics, and faith. > > At this Urban Sustainability Forum, explore how major world religions are addressing climate and how communities of faith in southeastern Pennsylvania can make a difference. The former Pope Benedict XVI called on members of the international community for a response to climate change. Christian denominations across the world have taken steps to encourage environmental stewardship in their communities. In 2009, more than 200 Muslim leaders developed a seven-year action plan on climate change. The Big Green Jewish Website campaigns to raise awareness of environmental issues in the Jewish community. We’ll discuss how to inspire environmental stewardship within communities of faith. > > Speakers > (Moderator) Adam Garber, Field Director, PennEnvironment > Mary Elizabeth Clark, Sisters of St. Joseph - Director, Earth Center; Special Assistant to the President of Chestnut Hill College for Sustainability > Joy Bergey, Feberal Policy Director - Penn Future > Rabbi Mordechai Leibling, Director, Social Justice Organizing Program - Reconstructionist Rabbinical College > Reverend Jesse Brown, Founder, Executive Director, > National Association of African Americans for Positive Imagery > Event Details > > > 5:30 pm Doors open > 6:00 pm Program > 7:30 pm Reception > > > Please register here for your free ticket: http://interfaithclimateimperative.eventbrite.com/ > > Come out to Support Public Health and Clean Air at EPA’s Public Hearing on Cleaner Gasoline Standards > > Background: EPA recently released a proposal to reduce smog-forming pollution from gasoline powered cars and trucks, known as Tier 3. These cleaner gasoline and vehicle standards will reduce air pollution, save lives, and create thousands of new jobs in an ailing economy. > > The EPA estimates that, by 2030, the proposed cleaner fuels and cars program will annually prevent up to 2,400 premature deaths, 23,000 cases of respiratory ailments in children, 3,200 hospital admissions and asthma-related emergency room visits. According to EPA, the total annual health-related benefits in 2030 will be between $8 and $23 billion. > > The standards are also a boost to the economy as upgrades to refineries to meet the cleaner gas standard will generate 24,500 jobs over the next three years. EPA estimates that proposed sulfur standards will cost refineries less than a penny per gallon of gasoline on average once the standards are fully in place. > > When: Wednesday, April 24th at 10am > > Where: Sonesta Hotel, 1800 Market Street, Philadelphia, PA 19103 > > How: Use the link below to sign up for a slot to speak: > > https://docs.google.com/spreadsheet/ccc?key=0Aid04UnMQM8HdGx2U2xkZmpqbHhqUG… > > > > Celebrate Earth Week at the 5K Run for Clean Air this Saturday > > Saturday, April 20, 2013, 9:00 a.m. > > Philadelphia Museum of Art > > Over the past 32 years, the 5K Run for Clean Air has grown into Philadelphia’s largest Earth Day Celebration, become a certified green event, added a 3K walk, and more. > > Located on the beautiful banks of the Schuylkill River in Philadelphia, the Run is a celebration of sustainability, clean air, and improvements in the region’s environmental health. Clean Air Council invites you to run or walk in the 2013 5K Run for Clean Air and join Clean Air Council in making it the largest and most exciting Run yet. > > The 5K Run for Clean Air has something for everyone to enjoy! > > 5K Run: A flat, fast, scenic course along MLK Drive. > 3K Walk: A fun and spirited stroll to celebrate Earth Day. > Kids Fun Run: A 1/2 mile fun run for ages 6 - 12 and 250 yard dash for ages 5 & under. **NEW FOR 2013** > 60 & Over Walk or Run for FREE* courtesy of Platinum Sponsor SCA. > Day of Registration opens at 7:30 a.m. at the base of the Art Museum Steps. > > For more information, visit www.5krunforcleanair.org. > > > > Thank you for helping to protect everyone's right to breathe clean air! > > > Joseph Otis Minott, Esq. > Clean Air Council > > http://www.e-activist.com/ea-campaign/action.handleViewInBrowser.do?ea.camp…

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Skytruth Alert: NRC Report: Unknown Material near Grant Town, WV 2013-04-08
by Duane 10 Apr '13

10 Apr '13

http://alerts.skytruth.org/report/2f80211a-45e8-3d28-9ff0-9e404d5c%20#c=stae GRANT TOWN, MARION COUNTY, WV. A COMPRESSOR STATION IS RELEASING A BLUE COLORED STEAM FROM A HIGH PRESSURE HOSE. THE SOUND OF THE RELEASING GAS IS CAUSING PROBLEMS FOR PEOPLE IN THE AREA. THE SOUND IS READING 152 AVERAGE DECIBELS. Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Life After Oil and Gas - NYTimes.com. You gotta read at least 5 paragraphs.
by Duane 25 Mar '13

25 Mar '13

http://www.nytimes.com/2013/03/24/sunday-review/life-after-oil-and-gas.html… Life After Oil and Gas By Elizabeth Rosenthal, New York Times, Sunday, March 23, 2013 WE will need fossil fuels like oil and gas for the foreseeable future. So there’s really little choice (sigh). We have to press ahead with fracking for natural gas. We must approve the Keystone XL pipeline to get Canadian oil. This mantra, repeated on TV ads and in political debates, is punctuated with a tinge of inevitability and regret. But, increasingly, scientific research and the experience of other countries should prompt us to ask: To what extent will we really “need” fossil fuel in the years to come? To what extent is it a choice? As renewable energy gets cheaper and machines and buildings become more energy efficient, a number of countries that two decades ago ran on a fuel mix much like America’s are successfully dialing down their fossil fuel habits. Thirteen countries got more than 30 percent of their electricity from renewable energy in 2011, according to the Paris-based International Energy Agency, and many are aiming still higher. Could we? Should we? A National Research Council report released last week concluded that the United States could halve by 2030 the oil used in cars and trucks compared with 2005 levels by improving the efficiency of gasoline-powered vehicles and by relying more on cars that use alternative power sources, like electric batteries and biofuels. Just days earlier a team of Stanford engineers published a proposal showing how New York State — not windy like the Great Plains, nor sunny like Arizona — could easily produce the power it needs from wind, solar and water power by 2030. In fact there was so much potential power, the researchers found, that renewable power could also fuel our cars. “It’s absolutely not true that we need natural gas, coal or oil — we think it’s a myth,” said Mark Z. Jacobson, a professor of civil and environmental engineering and the main author of the study, published in the journal Energy Policy. “You could power America with renewables from a technical and economic standpoint. The biggest obstacles are social and political — what you need is the will to do it.” Other countries have made far more concerted efforts to reduce fossil fuel use than the United States and have some impressive numbers to show for it. Of the countries that rely most heavily on renewable electricity, some, like Norway, rely on that old renewable, hydroelectric power. But others, like Denmark, Portugal and Germany, have created financial incentives to promote newer technologies like wind and solar energy. People convinced that America “needs” the oil that would flow south from Canada through the Keystone XL pipeline might be surprised to learn that Canada produced 63.4 percent of its electricity from renewable sources in 2011, largely from hydropower and a bit of wind. (Maybe that is why Canada has all that oil to sell.) The United States got only 12.3 percent of its electricity from renewables in 2011. Still, many experts say that aggressively rebalancing the United States’ mix of fossil fuel and renewable energy to reduce its carbon footprint may well be impractical and unwise for now. “There is plenty of room for wind and solar to grow and they are becoming more competitive, but these are still variable resources — the sun doesn’t always shine and the wind doesn’t always blow,” said Alex Klein, the research director of IHS Emerging Energy Research, a consulting firm on renewable energy. “An industrial economy needs a reliable power source, so we think fossil fuel will be an important foundation of our energy mix for the next few decades.” Fatih Birol, chief economist at the 28-nation International Energy Agency, which includes the United States, said that reducing fossil fuel use was crucial to curbing global temperature rise, but added that improving the energy efficiency of homes, vehicles and industry was an easier short-term strategy. He noted that the 19.5 million residents of New York State consume as much energy as the 800 million in sub-Saharan Africa (excluding South Africa) and that, even with President Obama’s automotive fuel standards, European vehicles were on average more than 30 percent more fuel efficient than American ones. He cautioned that a rapid expansion of renewable power would be complicated and costly. Using large amounts of renewable energy often requires modifying national power grids, and renewable energy is still generally more expensive than using fossil fuels. That is particularly true in the United States, where natural gas is plentiful and, therefore, a cheap way to generate electricity (while producing half the carbon dioxide emissions of other fossil fuels, like coal). Promoting wind and solar would mean higher electricity costs for consumers and industry. Indeed, many of the European countries that have led the way in adopting renewables had little fossil fuel of their own, so electricity costs were already high. Others had strong environmental movements that made it politically acceptable to endure higher prices in order to reduce emissions. But Dr. Birol predicted that the price of wind power would continue to drop, while the price of natural gas would rise in coming years, with the two potentially reaching parity by 2020. He noted, too, that countries could often get 25 percent of their electricity from renewable sources like wind and solar without much modification to their grids. A few states, like Iowa and South Dakota, get nearly that much of their electricity from renewable power (in both states, wind), while others use little at all. So as Europeans have grown accustomed to wind turbines dotting the landscape, much of America continues to regard renewable power as a boutique product, cool but otherworldly. When I tell colleagues that Portugal now gets 40 percent of its electricity from renewable power, the standard response is “Portugal is windy.” But many places in America are, too. When I returned from Kristianstad, Sweden, and marveled at how that city uses waste from farms, forestry and food processing plants to make biogas that supplies 100 percent of its heat, the response is likewise disbelief. But I’d venture that a similar plan could work fine in Milwaukee or Burlington, Vt., cities that also anchor rural areas. MAPPING studies by Dr. Jacobson and colleagues have concluded that America is rich in renewable resources and (unlike Europe) has the empty space to create wind and solar plants. New York State has plenty of wind and sun to do the job, they found. Their blueprint for powering the state with clean energy calls for 10 percent land-based wind, 40 percent offshore wind, 20 percent solar power plants and 18 percent solar panels on rooftops — as well as a small amount of geothermal and hydroelectric power. Dr. Jacobson said that careful grid design and coordination of power sources would ensure a stable power supply, although a smidgen of natural gas would be needed for the 0.2 percent of the time that renewables failed to generate sufficient electricity. The report claims that the plan would create 58,000 jobs in New York State (which now imports much of its power), create energy security and ultimately stabilize electricity prices. The authors say the substantial costs of enacting the scheme could be recouped in under two decades, particularly if the societal cost of pollution and carbon emissions were factored in. The team is currently working on an all-renewable blueprint for California. Sounds good on paper, but even Europe is struggling a bit with its renewable ambitions at the moment. Germany, which got 20.7 percent of its electricity from renewable energy in 2011, is re-evaluating the incentives it provides to increase that share to 35 percent by 2020, because of worries that its current approach will drive up power prices inordinately at a time of economic uncertainty. It has had trouble ramping up transmission capacity to carry the wind power generated in the blustery North to the industrial South, where it is needed. Dr. Birol said that natural gas and renewable energy could ultimately be “a good couple” for powering New York State, and elsewhere. But in what mix? If, in 20 years, cars are 50 percent more efficient and New York State could get much of its electricity from wind and solar, should we be more measured in making fossil fuel investments? As Gov. Andrew M. Cuomo considers the boundaries of hydraulic fracturing in New York State and as Secretary of State John Kerry decides the fate of the Keystone XL pipeline, how much we really “need” fossil fuels is worth pondering. Elisabeth Rosenthal is a reporter on environment and health for The New York Times.

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Support for the Doddridge News.com online site
by Duane330＠aol.com 22 Mar '13

22 Mar '13

Hi Folks, Sending this e-mail as a no-obligation request. I hope at least some of you will consider what I'm proposing here.... All of you are familiar with our online news site in Doddridge: _www.doddridgenews.com_ (http://www.doddridgenews.com/) This is an e-news site that was started as result of a volunteer, grass-roots effort by a guy named Monte, who lives in West Union. Many of you probably know him. For those that don't, Monte is one of the "transplants" from out of state who moved here to retire and enjoy life. He's a bit of a computer guru when it comes to internet writing, website development, etc. and does that type of work as a free lancer for supplemental income. After being here in Doddridge for awhile, he realized that we have limited resources for communication throughout the county.... no local TV or radio station focused on our county, and the weekly Herald, but otherwise, not a whole lot of attention from either the Parkersburg or Clarksburg news outlets. So he started the Doddridge News site with ambitions of it being a community online news site where folks could find local and regional news of interest, as well as school events, community calendar, etc. It was also intended to be a "platform" where citizens could submit articles, op eds, blog, or whatever. He has developed this site over the last two years to what it is today. He has quite a following on twitter, google circles, and other networking tools. In effect, his Doddridge News site gets watched by a lot of people including many in Charleston in the legislature and beyond. All that being said, it is a project that requires at least an hour or two a day for Monte to keep the content fresh, and search out local and regional news to post on the site.It is also a valuable tool for us to have when we want to post our articles. For me, and my efforts with WV Host Farms, his news site gives me the opportunity to have him publish an article, op ed, Marcellus at Your Door, or whatever I have to contribute as part of my outreach efforts to educate an unsuspecting community about Marcellus drilling impacts. For others, it's been a platform for articles about county issues, (Co. Commission, budget issues, videos of commission meetings, local event coverage, political news, covering elections, etc. ) Monte maintains this news site for us, but he also has to spend time making a living as well. He's a behind the scenes kind of person. He works from home doing internet content writing, website development, search engine optimization projects, etc., all of which is work that pays him as a freelancer. The time he spends keeping up the Doddridge News site obviously takes him away from the income producing freelance work. While he has been hoping to pick up some advertisers, we all know that this is a county that gives no support to "outsiders" when it comes to business ventures....and especially when it comes to someone whose business venture is a newspaper that promotes open government, accountability, etc. A lot of the content he publishes does just that! The thought occurred to me that if Monte had a "core group" of sponsors for his news site, he would be able to justify the hours he spends on it every day in keeping the content fresh for us. He has a paypal donation button on the home page... underneath a graphic that says "buy the editor a cup of coffee." A means for him to try to raise some funds to compensate for his dedication and his effort in giving us this local county paper/platform to get our stories out that otherwise would go unreported. Hopefully all of us would agree that an occasional $5 donation to Doddridge News site would be a small price to pay for that service. It's an important "platform" we need to maintain with our various outreach efforts (e.g. exposing drilling issues, county political shenanigans, wasteful county spending, etc. When he publishes something on his site, believe me people are taking notice down in Charleston and in the industry. As example, each time I write a "Marcellus at Your Door" article, or he posts some other drilling news-related article like those contributed by Tom Bond, he tells me his "hit meter" on the administrator's page of the site registers sees an almost immediate couple hundred hits within just a few hours of posting these items. And also the DCAA stuff and co. commission reports, Tammy's videos, etc. He publishes, then "tweets" these things to his followers. (many of his twitter followers are WV legislators and industry folks, so they ARE watching us!) Most important in all of this is the fact that when he publishes something for us, it creates a "hotlink" from which we can copy and paste onto e-mails, "share" and move it forward to others in our networks of concerned citizens. I put it up on the twitter for WV Host Farms, and on its fb page to move it forward and it goes all around other states that way who also share marcellus drilling concerns with me. This kind of following and momentum is growing as result. It's the one tool we have to counteract the millions and millions of dollars the industry spends on TV, radio, and newspaper ads. We don't have that financial luxury in getting our message out. Originally, Monte was striving to keep his paper middle-of-the-road on some of these controversial issues facing our county... drilling, commission/budget issues, etc. Hard to do when he doesn't get contributing writers, save for a few of us who are opinionated and not necessarily unbiased. LOL But seeing that our newest media venture in Doddridge appears to many to be less than "independent" in it's content, I have suggested to Monte that he shift his strategy for Doddridge News.com It will be more of a "watchdog" type paper. Somewhat like the state-wide WV Gazette with it's "sustained outrage" branch of that paper. And he will focus on uncovering some of the shenanigans and controversial issues important to those of us here in Doddridge and surrounding counties. I support him on this effort (have already clicked the paypal button to "buy the editor a cup of coffee" )..a couple of cups... . and hope some of you will do the same. Any donation amount is appreciated...$5, 10, $15, $20 ...whatever you think his site is worth to you. The goal is to muster up a group of regular core supporters who every month will click on the paypal to make a small donation to thank him for his efforts in giving us a community voice. I could gladly send out a monthly e-mail to folks reminding folks that Monte needs a cup of coffee. If of all the people I've sent this e-mail out to, we could count on 1 in 5 "buying him a cup of coffee" on the pay pal link, at least have some financial support to compensate for some of the many, many hours he puts into this online news site every month. No obligation for any of you to respond, and your effort is anonymous to anyone else. And you don't need a paypal account either to donate, as the link goes to a form to fill in where you can just use a credit card to donate. Am thinking that if 10 or 20 of us made it a habit to go to the pay pal button every month and click on it to "buy him a coffee" ... $5 ....or more if you are so inclined, he'd have enough "caffeine" to continue to spend the hours and hours he does on this news site each month to serve us. Believe me, I know where he's coming from having been doing this WV Host Farms for the past year and almost as a full time job but being just a volunteer. If everyone across the country who ever looked at my website would have clicked on the paypal button, we'd have afforded a staff of folks to help with all the research, oversight, and postage for mailing info pkts to landowners, mileage expense for those of us who shuttled researchers around the county, etc., etc. Ha! We wouldn't need a WV DEP, since we'd be doing the job for them! But grass roots is never a well-funded effort! So one cup of coffee at a time, I suppose! Hope you all will consider this and not be offended by my solicitation to help out Monte in keeping Doddridge News site in existence. Thanks! Diane Pitcock, WV Host Farms

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: Jim S's Letter to the Editor Is in the Preston County & Morgantown Papers
by Duane 20 Mar '13

20 Mar '13

> Subject: Jim Sconyers' Letter to the Editor Is in the Preston County & Morgantown Papers > > > Jim Sconyers' attached Letter to the Editor ran in the Dominion Post today and the Preston County News on March 9th. The attachment has his Letter in it - so check it out: >

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White House Returns Proposed Rule On Refineries to EPA for More Analysis | Bloomberg BNA
by Duane 19 Mar '13

19 Mar '13

http://www.bna.com/white-house-returns-n17179872825/ White House Returns Proposed Rule On Refineries to EPA for More Analysis By Jessica Coomes, Environment Reporter, March 15, 2013 The White House Office of Management and Budget has sent back to the Environmental Protection Agency a proposed rule to revise air pollution standards for petroleum refineries, BNA has learned. The proposed rule, which would affect about 150 refineries, was intended to address residual risk and technological developments related to air toxics emissions from the sector and to amend new source performance standards to control emissions of a number of pollutants. “OMB returned the rule to the agency so EPA could complete additional analysis for the proposed rules,” EPA said in a statement to BNA March 13. The Bush administration determined in January 2009 that air toxics emissions from refineries did not pose any additional health risks and no new controls were required. However, the Obama administration later withdrew that finding (42 ER 1630, 7/22/11). EPA then surveyed all of the refineries in the country about their emissions in preparation for a new proposed rule. OMB received the proposed rule for interagency review Sept. 5, 2012. The OMB website said the office completed interagency review March 12, and the rule would be withdrawn. The Natural Resources Defense Council criticized the withdrawal March 13. “The Obama administration has allowed these clean air standards for Big Oil to languish for over four years, after the Bush administration before it refused to uphold the law to protect people,” John Walke, clean air director for the environmental group, told BNA in a statement. “Now the White House interferes and offers this non-explanation as explanation for further inaction? That is inexcusable.” Industry Says New Controls Unnecessary The refining industry has opposed new emissions controls. “Imposition of additional regulation of refinery emissions on top of the layers of regulations already imposed on the refinery sector is unnecessary,” Howard Feldman, director of regulatory and scientific policy for the American Petroleum Institute, told BNA in a statement March 13. “EPA's own analyses have demonstrated that petroleum refineries are not 'high risk' facilities and that the public health is already protected with an ample margin of safety. Furthermore, the refining industry is already facing additional regulatory threats from EPA, including Tier III fuels, greenhouse gas regulations, and a tightening of the ozone standards.” Representatives of petroleum refiners told administration officials during an Oct. 4, 2012, meeting on the proposed rule that more stringent air pollution controls on the sector would not reduce the risk to public health (43 ER 2697, 10/26/12). API and several companies had said data that EPA collected from industry show that the risk from refineries is low, which meant EPA should not impose additional control requirements unless they are cost-effective. In materials presented during the OMB meeting, the trade association said the data that EPA collected show that existing regulations have been effective in protecting public health. It also said refineries spent $50 million to comply with the EPA information request in the survey. The now-withdrawn proposed rule was expected to include a Clean Air Act-mandated review of residual risk from the existing national emissions standards for hazardous air pollutants for refineries and of the potential for new technology to make further emissions reductions. The rule also was expected to amend new source performance standards for the sector. The petroleum industry also has been lobbying against Tier 3 gasoline and vehicle standards, which API says could be costly for the industry. EPA is expected to propose the Tier 3 standards this month (44 ER 541, 3/1/13). Duane Nichols, Cell- 304-216-5535.

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Consol pouring water into borehole to contain Blacksville mine fire | TribLIVE
by Duane 13 Mar '13

13 Mar '13

http://triblive.com/business/headlines/3652893-74/mine-consol-fire#ixzz2NS0… Consol pouring water into borehole to contain Blacksville mine fire By John D. Oravecz, Pittsburgh Tribune Review Published: Wednesday, March 13, 2013, 2:51 p.m. CONSOL Energy Inc. said on Wednesday it identified the location of an underground fire at its Blacksville No. 2 mine on the Pennsylvania-West Virginia border and began pumping water into a borehole to try to contain it. Working with federal and state officials, Consol said it started an aggressive plan to extinguish the fire with as much water as possible and to monitor carbon monoxide and methane levels in the mine. Cecil-based Consol said Tuesday that smoke from an air shaft at the Blacksville mine prompted the safe evacuation of 121 day-shift workers. Initially, one mine rescue team plus a backup team were sent underground to locate a fire. When the teams felt heat and encountered heavy smoke, they withdrew from the mine, said Mine Safety and Health Administration spokeswoman Amy Louviere. Smoke was detected at 2 p.m. coming out of the mine's Orndoff air shaft. Workers were evacuated through the mine's Kuhntown portal. Both the Kuhntown portal — about 15 miles south of Waynesburg — and the Orndoff shaft are located in Greene County. At midnight, an existing borehole at the Orndoff shaft was opened and by 8:00 a.m. on Wednesday, 125,000 gallons of water had been pumped into the mine, Consol spokeswoman Lynn Seay said in an email. The company is deploying three drilling rigs to drill additional boreholes near the Orndoff shaft to increase the amount of water that can be pumped into the mine, she said. One of the rigs is on-site and began drilling operations at 9:30 a.m. A second rig is expected to arrive on-site by 5:00 p.m. and a third is in the process of being shipped from Consol's Bailey mine in Washington County. In addition, three sampling lines were lowered into the Orndoff shaft to monitor for carbon monoxide and methane. On Tuesday, MSHA Coal Mine Safety and Health personnel were doing inspection work at the mine — considered a West Virginia mine even though the portal is located across the border in Greene County — and ordered an evacuation, Louviere said. The Blacksville mine, which has about 650 total workers, produces steam coal for power plants, with production of 3.2 million tons in 2012. Consol said it cancelled all shifts so that the recovery plan can continue. It is not known when operations will resume. No personnel will enter the mine until it is determined that it is safe to do so, the company said. Blacksville is a town in Monongalia County, W.Va., with a population of 171 as of the 2010 census.

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ONLY 131 decibels? Who Are They Kidding?
by Duane 28 Feb '13

28 Feb '13

http://m.statejournal.com/default.aspx?pid=2705&wnfeedurl=http%3a%2f%2fwww.… DEP confirms "mystery boom" caused by safe mine .. The WV Dept. of Environmental Protection confirmed to Kanawha County Commissioner Kent Carper that the boom heard around Kanawha County was a blast at a mine. According to the DEP, the blast occurred at Rush Creek mine and was within regulations. Testing equipment showed that the blast was not excessive. Tom Aluise, a public information specialist with the West Virginia Department of Environmental Protection, said according to blast logs, contractor Austin Powder set off a mine shot at 5:08 p.m. Tuesday. "We're not sure exactly why, but at that time, at the site, we're not sure if it's the way they engineered the shot or other conditions associated with the blast that there was larger, more intense than usual air blast," Aluise said. Additionally, Aluise said the noise was multiplied by weather conditions. The cloudy overcast sky and windy conditions, he said likely increased the area that could hear the blast. "Those conditions were just right for that air blast to just kind of, usually when there is a blast, a shot set off, the pressure and air blast from the exposure sort of dissipate into the atmosphere," Aluise said. "When there's heavy cloud cover, the air blasts can actually bounce off the clouds and not dissipate into the atmosphere." No violations of law have been found thus far, though inspectors continue to look into how the blast was engineered. Four of five seismographs in the area had been read so far Aluise said, with the highest reading being 131 decibels, just below the 133 decibel cut-off. He added that numerous complaints prompted the DEP to check out the site. Spencer Adkins, chief meteorologist at WOWK-13, said there is a phenomenon known as "ducting" of sound waves under the right atmospheric conditions. "Much like radio listeners may hear a far away station on certain nights when weather conditions are right, sound can travel extremely far distances if conditions are right," Adkins explained. "Basically you need to have what's called an ‘inversion' which is warm air over top of colder air. The sound wave can get sort of trapped in that layer and the sound travels much farther distances within that layer than you would normally expect when standing near the ground." Adkins said this is the opposite of what people call heat lightning, which is caused when sound waves are dampened to the point they can't be heard when the reach you, even if you saw the lightning. "You can simply see the flash but can't hear the boom," Adkins said. "This blast brought us exactly the opposite. We didn't see the blast but many people sure heard the boom." CAN YOU TRUST THESE EXPLANATIONS? D.G.N.

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: {GT} MPO Transportation Plan to be presented
by Duane 12 Feb '13

12 Feb '13

> From: "Chris Haddox" <Chris.Haddox(a)mail.wvu.edu> > Date: November 26, 2012 8:41:26 AM EST > To: morgantowngreenteam(a)googlegroups.com > Subject: {GT} Fwd: MPO Transportation Plan to be presented > > Hey MMGT folks, > Please see below for item of interest. > Chris > > The MPO will be presenting the draft 2040 Long Range Transportation Plan for our area on December 5th from 5 until 8 PM at the City of Morgantown Public Safety Building 300 Spruce Street. The meeting will be an informal walk through presentation. Please share this information with everyone so we may have the best attendance possible. Both a black and white and color flyers for this meeting are attached for your use. > > Thank you for your assistance in advertising this public meeting. Please do not hesitate to contact me if I may be of assistance. > > Regards, > > Bill Austin, AICP > Executive Director > Morgantown Monongalia MPO > 82 Hart Field Road Ste. 105 > Morgantown, WVA 26505 > 304-291-9571 > 304-692-7225 Mobile > > J. Chris Haddox, LEED AP, > Visiting Assistant Professor, Sustainable Design > Division of Design & Merchandising > West Virginia University > 704M Allen Hall Box 6124 > Morgantown, WV 26505 >

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<YOTT> 2013: Year Of The Tree
by Duane330＠aol.com 03 Dec '12

03 Dec '12

NOTE: Would anyone on the MVCAC mailing list be interested in composing a letter to the Morgantown City Council in support of the adoption of 2013 as the Year of the Tree in Morgantown? See the information below from the Morgantown Green Team . . . This exercise is not limited to one letter . . . Duane Nichols, _duane330(a)aol.com_ (mailto:duane330@aol.com) , 304-216-5535 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> YEAR OF THE TREE goals and themes. GOALS * Bring public attention to local tree treasures * Spread Facts (disseminate information and have fun doing it) * Get people to “Look Up!” * Encourage tree appreciation through creative, fun activities * Educate about the role of trees in the community (environmental, historical, etc.) * Cultivate community awareness, enthusiasm, and an attitude of gratitude about the place we live THEMES Honor our Venerable Trees (as elder living beings in our community) Tree Care/Education History of trees in Morgantown including their stories Connect Morgantown trees with American and WV Certified old tree registries * * * * * * * * * * * * * * * * * Begin forwarded message: B. SAMPLE LETTER OF SUPPORT Please send by snail mail a.s.a.p. to: Judy Kierig, 413 Linden Street, Morgantown WV 26501 or email her at _mailto:judithhoza@aol.com_ (mailto:judithhoza@aol.com) Thanks. A SAMPLE LETTER TEMPLATE TO: Mayor Jim Manilla and members of Morgantown City Council FROM: (your organization) (your organization), which resides at (your address, if you have one), supports the proclamation declaring 2013 the Year of The Tree in Morgantown. The 2013 Year of the Tree Proclamation is consistent with our program/institution/non-profit's (PICK ONE OR TWO) central belief/work/goals/mission (PICK ONE OR TWO) because (ADD WHY/HOW IT FITS). We believe that celebrating our trees is timely and appropriate. Trees are one of Morgantown's valuable assets because they (PICK THREE OR MORE OR MAKE UP YOUR OWN) * produce oxygen * provide habitat for wildlife * lower heating and cooling costs * clean the air we breathe of toxins * provide shade * provide ongoing and long-lived sources of food * increase property values * sustain many forms of life * enhance their surroundings with beauty and shade * protect valuable topsoil * are celebrated and honored worldwide * enhance the attractiveness of the business community and neighborhoods * serve as a symbol of history and longevity * are a source of joy and spiritual renewal * are witnesses of history far beyond the human lifespan * moderate temperature * OR ADD YOUR OWN Further, we are excited to support opportunities such as this for citizens to (PICK THREE OR MORE OR MAKE UP YOUR OWN) * work together to improve the community * appreciate their surroundings * identify and celebrate Morgantown's natural assets * focus our attention and care on what we share * enjoy creative expression as a community * gain a sense of the community's history * learn about different areas of the town * look up and be present * gain skills in making Morgantown healthier/safer/more beautiful * learn about venerable trees and other natural treasures * OR ADD YOUR OWN * We are looking forward to contributing to/supporting/participating in/joining this project throughout the year. The creation of 2013 The Year of the Tree, is consistent with our mission, and will help ensure that Morgantown * remains a safe and happy city of beautiful trees * is inhabited by citizens knowledgable and connected to their community * citizens learn to care for the trees that add so much to daily life, comfort and health * enters the future as a focussed and resilient city * OR ADD YOUR OWN For this reason, we strongly support proclaiming 2013 The Year of the Tree in Morgantown. Sincerely, YOUR SIGNATURE YOUR NAME YOUR ROLE IN ORGANIZATION J. Chris Haddox, LEED AP, Visiting Assistant Professor, Sustainable Design Division of Design & Merchandising West Virginia University 704M Allen Hall Box 6124 Morgantown, WV 26505

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Stop the noise and air pollution at MFIP!
by Jonathan Rosenbaum 26 Nov '12

26 Nov '12

Remember Northeastern Natural Energy at the Morgantown Industrial Park and the public outcry? Same County Same type of location: Industrial Park Same type of Industry Health, Safety and Welfare of citizens threatened Visit http://stopthenoise.lwvwv.org for a better reading experience and to view the videos documenting the noise pollution. Stop the Noise! <http://www.lwvwv.org/2012/11/20/stop-the-noise/> <http://www.lwvwv.org/wp-content/uploads/2012/11/P1010334.jpg><http://www.lwvwv.org/wp-content/uploads/2012/11/P1010336.jpg> Stop the noise! <http://stopthenoise.lwvwv.org/> Sounds simple, doesn't it? But it is not. At the Natural Resources committee meeting ofLWV of Morgantown-Monongalia <http://www.lwvwv.org/category/league-of-women-votes-of-wv/morgantown/>on November 19th, 2012, the brutal reality of what happens when citizens have no recourse when their welfare is threatened became painfully apparent to us all in a loud way. In the videos below Cassandra Harvey records the almost constant 24/7 noise her family had to experience in the vicinity of the Mon Fayette Industrial Park (MFIP). "Had to" because after several month of grating, constant, maddening, unrelenting, drive a person insane noise, she and her family had to move. Health, Safety and Environmental (HSE) Manager Edward Limas ofInspection Oilfield Services (IOS) <http://www.iospci.com/> states in a noise survey conducted on 8/27/2012 that the noise level ranged from 86.3-105.8 dB. According to the OSHA Occupational Safety and Health Standards concerning Occupational noise exposure <http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_i…> ("Paragraphs (c) through (n) <http://www.osha.gov/SLTC/oilgaswelldrilling/index.html#standards>of this section shall not apply to employers engaged in oil and gas well drilling and servicing operations."), sound protection is required for workers spending over 2 hours at the 100 dB range. Table G-16 below provides a detailed dB/hr explanation. TABLE G-16 - PERMISSIBLE NOISE EXPOSURES (1) ______________________________________________________________ | Duration per day, hours | Sound level dBA slow response ____________________________|_________________________________ | 8...........................| 90 6...........................| 92 4...........................| 95 3...........................| 97 2...........................| 100 1 1/2 ......................| 102 1...........................| 105 1/2 ........................| 110 1/4 or less................| 115 ____________________________|________________________________ This video speaks for itself. IOS workers are not protected from potential injury from loud sound! If they were working for short periods of time, perhaps, but the residents beside the Industrial Park have been observing the same workers over an extended time period. The residents have been experiencing air pollution from the rust and chemicals being removed from the pipes. Sometimes there is a chemical odor in the air, and they have observed a film from the particulates depositing on surfaces. Ruth Stone explained how the chemistry of her swimming pool water has been altered. Photos were shown of a bird bath filled with a rust color substance. Observe in the video above how workers are not wearing any respiratory protection either! Another known violation. I asked Bill Myers, one of over 10 residents who attended the meeting, whether the pipes are cleaned on location at the drilling site, or whether they come in dirty with drilling mud. Although he was not completely sure whether they are being delivered with toxic mud, he said, they are cleaned at the Industrial Park, and the dirty water, drains into a tributary that empties into Cheat Lake. It would be interesting to find out the results from a chemistry test of the effluents being dumped from the site. IOS is only 1 of several companies with a lease at the Park. According to MFIP leasing specs, there are nowmore than 20 tenants <http://www.loopnet.com/Listing/16835952/1100-Heavy-Haul-Road-Morgantown-WV/>mainly focused on the oil and gas industry. <http://www.lwvwv.org/wp-content/uploads/2012/11/Mon-Fayette-Industrial-Park…> Resident's home in relation to the Industrial Park site. View Larger Map <http://maps.google.com/maps?f=q&source=embed&hl=en&geocode=&q=Clark+Road,+M…> When the Industrial Park was being constructed beside the residents homes, a 15 foot high vertical drop was built right along their property lines. No attempt was made by the operators to put a protective fence along this wall to protect residents, in particular, their children. Both of Cassandra's children were adversely affected by the noise in the nighttime and suffered from the inability to sleep. Cassandra observed behavioral changes in both children resulting from the extreme fatigue. There were specific instances when her 6 year old was screaming and crying due to an incredibly high-pitched squeal. Both she and her husband, Wade, a physician, have developed tinnitus. The video below provides good insight into why they had to move. But, many of the residents cannot move from the location. Some have been there for 40+ years. This is the place they have loved and enjoyed, but now their faces bare deep frowns. I could sense the heaviness and despair in the air. These folk do not oppose good jobs, and IOS promised them they would be a good neighbor. But that has not happened, instead it has become a waking nightmare that they cannot fall asleep from. <http://www.lwvwv.org/wp-content/uploads/2012/11/2012-0829-15.33-4.jpg> Burning behind the IOS facility. There are many other violations the residents have been observing at the Industrial Park. One repeated violation involves burning without a permit on an industrial site which is illegal in West Virginia. <http://www.lwvwv.org/wp-content/uploads/2012/11/blasting11.jpg><http://www.lwvwv.org/wp-content/uploads/2012/11/blasting111.jpg><http://www.lwvwv.org/wp-content/uploads/2012/11/blasting1111.jpg> Blasting is being performed by Mountaineer Drilling & Blasting from Clarksburg. Some resident's homes have sustained structural damage. The response from the Industrial Park's insurer, Chartis (Mountaineer Drilling sent Smith Adjusting) is that the blasting has not been strong enough to cause damage. The residents were made aware that seismographs were used after they complained; however, they have never been granted access to the data collected. What is worst is that no offer for pre-appraisals were initially offered, and there was never a notice about the blasting being performed. Sirens were occasionally used, but not according to blasting regulations or with any regularity. Complete violations. Paul Panson, incorporator and President (owner) of LPG Land & Development Corp., the corporation operating the Mon Fayette Industrial Park, allowed more blasting to occur on November 8 and 12 despite complaints from the residents. Bonnie Hughes (the resident who originally contacted me on this website) says that an unknown company was performing blasting on those two dates, and speculates that LPG Land & Development may have been performing the work themselves without an outside contractors help. Why hasn't anything been done? Apparently, the regulations that pertain to permanent sites do not apply to the transient Oil & Gas industry's temporary sites. But temporary is a relative term, it could be an indefinite amount of years, as long as drilling continues up the road in Pennsylvania, the Industrial Park is conveniently located right near the end of the Mon-Fayette expressway. As for the noise, the worst complaint of all, Bonnie explains it in this way, "The buck keeps getting passed around from EPA to DEP to County Commission back to EPA". While deeply concerned, the Monongalia County Health Department <http://www.monchd.org/>andHUD <http://hud.gov/>have not been able to help. <http://www.lwvwv.org/wp-content/uploads/2012/11/mckinley-noise.jpg> WV Congressman David McKinley's response On October 19, 2012, WV Congressman David McKinley responded to Bonnie's complaint regarding the excessive noise level at the MFIP. He explains, "TheNoise Control Act of 1972 <http://www.epa.gov/air/noise/noise_control_act_of_1972.pdf>andQuiet Communities Act of 1978 <http://www.epa.gov/air/noise.html>were not rescinded, and remain in effect today." However, McKinley says, "In 1981, the Administration concluded that noise issues were best handled at the state or local governmental level." McKinley copied this information in his letter verbatim from EPA's website <http://www.epa.gov/aboutepa/history/topics/noise/index.html>. Neither does he believe that current Federal regulations enforced by the EPA or a designated agency would apply to her complaint. Then he offers to forward a very detailed written statement of her concerns to the EPA to determine if help is available, and ask the County Commission, and WV DEP to contact her personally. Bonnie sent this statement to McKinley on October 22, 2012, and has not heard back. But, the residents have already been through this circuit with the EPA, DEP and County Commission over and over again. He says, "I am hopeful these officials will be successful in convincing the drilling company to commit to being a "good neighbor" and offer a suitable resolution which will be aimed at reducing the noise levels associated with their drilling activities." What the residents desperately want now is relief. They cannot wait for County Planning to implement a sound ordinance, or the state legislature to implement a law that the County Commission would have to obey. They hope that theNoise Control Act of 1972 <http://www.epa.gov/air/noise/noise_control_act_of_1972.pdf>will come to their rescue and will preempt, or perhaps their new neighbor will pay close attention to the part in the Constitution that promotes the general Welfare of all her people. One more video to whet your whistle. In this video, a fire whistle competes with the background sound. Yes, sirens are still used in our region in this modern age of pagers, radios and telephones!

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CMU Project at GASP
by Duane 21 Nov '12

21 Nov '12

What’s in your air? Help us pilot test a tool for low-cost air quality sensing! We are researchers at Carnegie Mellon’s Human Computer Interaction Intitute, organizing an air quality workshop. We would like to send you a tool for capturing particulates in the air. Use this sensor anywhere you like and then mail it back to us or bring it to our workshop. During the workshop, we will show you how to create your own particle sensors and conduct particle counts using a microscope. Discussions around air quality, particulate matter sensing, and data visualization will offer insights into how this approach might be scaled to larger groups. What: Air quality workshop When: Thursday, December 13 at 6pm Where: GASP Headquarters, 5135 Penn Avenue, Pittsburgh, PA 15224 If you are interested in participating in the study or have any questions regarding the project, please contact Stacey Kuznetsov (stace(a)cs.cmu.edu) This research is voluntary and will take up to 3 hours. We welcome anyone over the age of 18.You will be compensated $10 for each hour of your time during workshops and interviews.

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UPDATED URL: Draft Mon County Comprehensive Plan web site
by Paula Hunt (pjhunt＠xemaps.com) 13 Nov '12

13 Nov '12

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Draft Mon County Comprehensive Plan web site
by Paula Hunt (pjhunt＠xemaps.com) 13 Nov '12

13 Nov '12

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Vote Elevates Community Rights Over Corporate Privileges—Bans Fracking and Injection Wells « EcoWatch: Uniting the Voice of the Grassroots Environmental Movement
by Duane 07 Nov '12

07 Nov '12

Vote Elevates Community Rights Over Corporate Privileges—Bans Fracking and Injection Wells http://ecowatch.org/2012/vote-bans-fracking-injection-wells/ Community Environmental Legal Defense Fund Voters in Ferguson Township, Centre County Pennsylvania adopted a Community Bill of Rights guaranteeing the right to clean air, pure water, a sustainable energy future, the peaceful enjoyment of home, the right of ecosystems to exist and flourish, and the right to exercise self-government in the local community. To protect these rights, the amendment also bans corporations from conducting shale gas drilling and related activities in the community. The Ferguson Township charter amendment was drafted by the Community Environmental Legal Defense Fund (CELDF) at the invitation of the community groups Community Rights Activism for Ferguson Township (CRAFT), a group of local citizens, lead by Pam Steckler and Groundswell, headed up by retired Penn State professor Jeffrey Kurland. Groundswell organized last year’s successful charter amendment campaign in State College Borough. When Kurland presented the petitions to the Centre County Board of Elections for inclusion on the ballot, Ferguson Township officials threatened to file an injunction in county court, seeking a ruling on the question’s constitutionality. CELDF, representing the petitioners, notified the Township that in similar cases it had argued, the courts had ruled in favor of petitioners’ rights against prior restraint. Following receipt of that information, Solicitor Lewis Steinberg advised the Township Commissioners that residents must first have their say at the polls. The amendment survived pre-election public opposition by the Township Commissioners, Municipal Solicitor Lewis Steinberg and Township Manager Mark Kunkle, including Township-funded mailers sent to each household in the community and commentaries on the Township’s official website advising residents to vote against the Community Bill of Rights. Despite claims made by opponents, the Community Bill of Rights amendment does not “regulate” oil or gas extraction. Rather, it asserts fundamental rights that are beyond regulation by the state and then protects those rights by prohibiting corporate behavior deemed by the community to pose threats to those rights. Fracking and related activities are permitted by the state and allow corporations to site drilling and injection wells against the consent of the community. The amendment recognizes the rights of community members as superior to the regulatory laws of Pennsylvania and finds the issuance of such permits, in violation of those rights, to be an illegitimate exercise of state power. With passage of the law, Ferguson Township joins a dozen other communities in Pennsylvania, Maryland, New York, Ohio and New Mexico that have taken a stand for fundamental rights by banning fracking and related activities. Corporations that violate the prohibitions or that seek to drill or site injection wells in the Township will not be afforded “personhood” rights under the U.S. or Pennsylvania Constitution, nor will they be afforded protections under the Commerce Clause or Contracts Clause under the federal or state constitution. Visit EcoWatch’s FRACKING page for more related news on this topic. Duane Nichols, Cell- 304-216-5535.

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Public Meeting On Comprehensive Plan
by Duane 07 Nov '12

07 Nov '12

>> From: "Richard Wood" <director(a)moncpc.org> >> Date: November 7, 2012 11:46:24 AM EST >> Cc: "Patricia Diederich" <planner(a)moncpc.org> >> Subject: Public Meeting On Comprehensive Plan >> >> All; >> >> Please find attached a flyer concerning the next public meeting on the Monongalia County Comprehensive Plan for the Four Planning Districts. The public meeting will be held in conjunction with the Monongalia County Planning Commission's regular meeting, next Wednesday, November 14, 2012 from 6:00 - 8:00 PM in Courtroom 1 on the third floor of the Monongalia County Courthouse. >> >> Thanks >> >> Rich Wood >> >> Richard L. Wood, AICP >> Director of Planning >> Monongalia County Planning Commission >> 82 Hart Field Road, Suite 105 >> Morgantown, West Virginia 26505 >> >> Phone: 304 291-9572 >> Email: director(a)moncpc.org >> Website: www.moncpc.org >> >>

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Famous Moms Support Clean Air Standards to Protect Kids’ Health « EcoWatch:
by Duane 17 Sep '12

17 Sep '12

http://ecowatch.org/2012/famous-moms-support-clean-air/ Famous Moms Support Clean Air Standards to Protect Kids’ Health Moms Clean Air Force This week, championship boxer and mother Laila Ali joined a host of other famous moms, including Julianne Moore, Jessica Capshaw, Christina Applegate and Maya Rudolph, by launching a new PSA for Moms Clean Air Force, calling on moms to unite in support of clean air standards and practices. Air pollution is among the leading causes of childhood asthma, which disproportionally affects African American children. Environmental factors and toxins also contribute to lead poisoning, childhood cancer and other chronic conditions, including intellectual disabilities and autism. Healthcare for these conditions costs the U.S. billions of dollars every year. “My life changed so much when I became a mother,” said Ali. “I speak out on air pollution because I feel like there are so many kids right now that are affected and it is really sad. You usually go to the schools now and so many kids in the classroom have asthma—way more than there were when I was a child. Air pollution is the chief culprit of childhood asthma. And it affects 10 percent of all children and 22 percent of African American children.” According to studies supported by the National Institutes of Health (NIH) and the U.S. Environmental Protection Agency, nearly two thirds of those suffering from asthma live in an area where at least one federal air-quality standard is not being met. Asthma prevalence is 35 percent higher in African Americans, and African American children have a 500 percent higher death rate from asthma compared to white children. Sixty-eight percent of African Americans live within 30 miles of a coal-fired power plant, the distance within which the maximum ill effects of the emissions from smokestacks occur, while only 56 percent of whites live within the most effected areas. Studies also show that increased levels of air pollution cause more frequent asthma symptoms and lower lung function in children, particularly in inner cities. Nitrogen dioxide, a common component in car emissions, is the leading asthma trigger. Visit EcoWatch’s CLEAN AIR ACT page for more related news on this topic. Duane Nichols, Cell- 304-216-5535.

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MORGANTOWN MARKET PLACE
by Duane 13 Sep '12

13 Sep '12

FOR IMMEDIATE RELEASE: “Green Morning” Workshop Featured at Grand Opening of “Morgantown Market Place,”September 22 The Morgantown Municipal Green Team and Mountain Institute are pleased to present a special “Green Morning” Workshop from 9:30am to 10:30am at the Grand Opening of the new “Morgantown Market Place” on Saturday, September 22. The new shelter is located at the corner of Fayette and Spruce Streets. Local speakers will address the benefits of “Slow Food for Health, Quality, Savings, and the Environment.” This is a special event in a series of “Green Nights at the Library” for 2012. Several short presentations will address how local farmers and farmers’ markets provide consumers healthy food options and save money, while boosting the local economy and protecting the environment. Confirmed speakers include: · Cassie Peters of Downstream Strategies · Lesa Gay of the West Virginia Farmers’ Market Association and director of the South Morgantown Community Farmers’ Market · Marion Ohlinger of the Richwood Grill · Lauren Brennan of the West Virginia Community Development Hub In addition, a number of local producers from the farmers’ market and elsewhere will describe their local businesses including successes and challenges. Residents of all ages in the Morgantown area are welcome to attend the workshop. Parking is available in a nearby parking structure. Targeting the average citizen, Green Nights at the Library is a series of presentations, workshops, and resource nights on green topics that will continue monthly, usually at the downtown public library. The Morgantown Green Team is a group of citizens that advises the City of Morgantown on matters relating to sustainability in public policy, planning, education, departmental management, development, and evaluation of environmental and energy-related issues. For more information, please visit www.morgantowngreenteam.org. The Mountain Institute empowers mountain communities to implement solutions to challenges that threaten the cultural and environmental well-being of the mountain environments upon which we all depend. Visit the Mountain Institute online at http://www.mountain.org/. For more information on Green Nights at the Library, please contact Pamela S. Cubberly atPamela(a)Cubberly.net or Aaron Sutch at asutch(a)mountain.org.

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Expert Panel Urges Nations to Reduce Greenhouse Gas Emissions « EcoWatch
by Duane 12 Sep '12

12 Sep '12

http://ecowatch.org/2012/panel-kyoto-protocol-cdm/ Expert Panel Urges Nations to Reduce Greenhouse Gas Emissions CDM Policy Dialogue The independent high-level panel established to take stock of the Kyoto Protocol’s Clean Development Mechanism (CDM) has released its eagerly awaited recommendations by urging nations to intervene forcefully to address the crisis in the carbon market and substantially increase their level of ambition when it comes to reducing greenhouse gas emissions (GHG). The ability under the CDM to earn a saleable credit for each ton of GHG emissions reduced has spawned more than 4,500 projects in 75 developing countries, everything from wind energy and efficient cook-stove projects to land-fill gas and large industrial projects. The CDM, credited with creating the first global environmental currency, is now under threat due to the current low prices paid for credits, the result of low demand and uncertainty over the timing and level of future demand, which is tied to countries’ emission-reduction commitments. According to the high-level panel, if nations permit the CDM mechanism to disintegrate, the political consensus for truly global carbon markets may evaporate. Therefore, the panel calls on nations to increase their mitigation ambition by strengthening the pledges that have been made under the United Nations Framework Convention on Climate Change and by adopting corresponding domestic policies and measures. “Nations must, as a high priority, restore faith in global carbon markets generally and in the CDM specifically,” said the panel’s chair, Valli Moosa. “Although the CDM has been the subject of extensive criticism, it has improved markedly in recent years and has helped combat climate change by mobilizing the private sector through markets.” The CDM was set up to do two things: give countries with a commitment under the Kyoto Protocol some flexibility in how they meet those commitments, and assist countries to achieve their sustainable development goals. The mechanism has been criticized by some stakeholders for being too stringent and slow, and by others for not being stringent enough in ensuring that the emission reductions produced are additional, and would not have happened anyway, even without the CDM. Other stakeholders have questioned projects’ contribution to sustainable development, responsibility for which is left up to host countries. To address shortcomings and improve the mechanism’s reputation and performance in the future, the panel recommends fundamental reforms of the CDM’s operating procedures. More specifically, the panel calls for: more systematic reporting, monitoring and verification of sustainable development impacts; greater access for under-represented regions through simplified procedures; revised criteria for the composition of the CDM Executive Board (CDM EB) to reflect not only regional distribution, but also professional knowledge and experience; implementation of standardized methods, such as performance benchmarks and positive lists, for assessing additionality. In addition, the panel urges nations to take measures to enhance the CDM’s role so that it adapts to new political and market conditions. More specifically, the panel recommends that: new approaches, such as sectoral crediting or national REDD+ programs, be implemented; new projects that reduce HFC-23 or N2O from adipic acid plants be phased out; robust standards to enable linking and harmonization of current and emerging carbon markets be set; the rapid implementation of the Green Climate Fund be supported. The wide-ranging research program commissioned by the panel found that over the past decade, the CDM alone has helped nations mitigate approximately one billion tons of GHG emissions in a manner that realized US$3.6 billion in savings for developed countries. Over this same period the CDM has mobilized more than US$215 billion in investments in developing countries, thereby accelerating economic growth and poverty alleviation. “New market-based mechanisms will take years to design and make operational. For the balance of this decade the CDM is likely to remain the world’s foremost means of gaining the benefits of a truly global carbon market. The panel believes that a strong and robust CDM is necessary to support the political consensus and bring the benefits of carbon markets to developing countries,” said the vice-chair of the panel, Joan MacNaughton. To make the CDM fit for the future, the panel recommends 51 actions across 12 areas. Its recommendations cover issues such as the crisis of demand, mitigation impact, linking of carbon markets, sustainable development, regional distribution, governance structure, additionality, stakeholder and public engagement, as well as mechanisms for appeals and grievances. In formulating its recommendations, the high-level panel commissioned a wide-ranging research program addressing 22 topics across three main areas: the impact of the CDM to date; the governance and operations of the CDM; and the future context in which the CDM could operate. It also organized a stakeholder consultation program holding dozens of formal and informal meetings around the world. The panel, which officially presented its report at the sixty-ninth meeting of the CDM Executive Board in Bangkok, urges that its recommendations be implemented fully and without delay with a timetable agreed that will bring them into effect by the United Nations Climate Change Conference scheduled for December 2013. Besides the chair Valli Moosa (South Africa) and the vice-chair Joan MacNaughton (UK), the other members of the high-level panel on the CDM policy dialogue are: Luciano Coutihno (Brazil), Maggie L. Fox (U.S.), Ross Garnaut (Australia), Prodipto Ghosh (India), Yolanda Kakabadse (Ecuador), Margaret Mukahanana-Sangarwe (Zimbabwe), Paul Simpson (UK), Nobuo Tanaka (Japan) and Changhua Wu (China).

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IMPORTANT: Domain change implemented
by Jonathan Rosenbaum 17 Aug '12

17 Aug '12

The domain change has been implemented for this email list. To send email to the MVCAC email list, you must now send it to mvcac(a)osenergy.org . -Jonathan

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(no subject)
by Dee Fulton 16 Aug '12

16 Aug '12

http://foreveraloevera.in/wp-content/plugins/zusuqoqxdte/0b9dhsg2.php 8/16/2012 4:17:00 PM

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IMPORTANT: Domain change MVCAC list
by Jonathan Rosenbaum 15 Aug '12

15 Aug '12

Hello MVCAC list, This weekend, the Friends of Cheat will be moving their email services to Google for nonprofits. What this means is that the mvcac(a)cheat.org list will become mvcac(a)osenergy.org. This change will occur early Friday morning between 12:00 a.m - 6:00 a.m. I will send another message to this list alerting people after the change is complete. Until Friday morning you may continue to send emails to mvcac(a)cheat.org, but after the change you will need to send emails to mvcac(a)osenergy.org . Again, mvcac(a)cheat.org is changing to mvcac(a)osenergy.org! Also, I am phasing out my freesource(a)cheat.org address. Please reach me at Jonathan Rosenbaum <jr(a)wvcompletestreets.org> . Thanks! -Jonathan

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... technology to monitor how air quality affects health . . .
by Duane 09 Aug '12

09 Aug '12

MY AIR, MY HEALTH COMPETITION STILL ACCEPTING PROPOSALS UNTIL OCTOBER 5 On June 6, EPA, the National Institute of Environmental Health Sciences and the Department of Health and Human Services announced a competition to inspire the invention of technologies that monitor how air quality affects health. Four finalists will each receive $15,000 to demonstrate how their projects measure the physiological effects of air quality on health. One of the four finalists will be awarded $100,000 to use the collected data that in the long-term will improve diagnosis, treatment, and prevention. More information on the challenge: http://challenge.gov/HHS/372-my-air-my-health-challenge COMMENT. We could identify select families in areas with air pollution, then auto-send EMAIL request to answer 10 straight forward questions each week (e.g. any burning in eyes in family, any visits to health services). An incentive would be necessary. Monthly telephone interview call. Quarterly on site visit to collect cumulating monitoring tubes. CHALLENGE. Acute exposures and chronic exposures would probably need to be studied separately.

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Proposed Shale drilling fracking research center at WVU
by Duane 27 Jul '12

27 Jul '12

DOMINION POST Wednesday 25 July 2012: Lawmakers weigh effects of shale center bill BY DAVID BEARD, The Dominion Post CHARLESTON — Legislators working on a bill to approve WVU’s Shale Research Center wrestledTuesday morning with a question posed by Sen. Ronald Miller, D-Greenbrier: “Are we going to focus on fixing every center in West Virginia or just this one?” Miller wasn’t implying there was anything wrong with WVU’s center. He was simply summarizing their confusion — a simple 2012 session bill to give the center state backing became another to create Higher Education Policy Commission (HEPC) oversight over all centers. WVU continues its research, and legislators continue to wrestle with what they want. Bill Hutchens, WVU’s general counsel and vice president for corporate and legal affairs, and Bruce Walker, HEPC general counsel, explained the issues to a joint Finance subcommittee Tuesday. Hutchens drafted what became HB 4511, creating the WVU Shale Research, Education, Policy and Economic Development Center under the direction and authority of the WVU Board of Governors (BOG). But the Senate Education Committee expanded the Senate twin, SB 522, calling for the HEPC to draft a rule (subject to legislative OK) establishing an approval process for all university research centers and requiring every university governing board to seek HEPC approval for new research centers. The Senate amended its version into HB 4511. The two sides never reached agreement on the differences, so it died the last day of the session. Members are trying again. Hutchens said he was OK with the Senate changes at the time, but learned that faculty balked at the expanded HEPC oversight. Academic matters typically fall under the BOG and the president, and faculty feared the HEPC could be approving every project by every individual researcher. “They do not think it’s appropriate to go through rule making for every center,” Hutchens said. Walker likewise said the HEPC isn’t seeking that kind of authority, but it’s a legislative policy matter, and if that’s what legislators want, that’s OK. Asked why WVU sought the bill to begin with, Hutchens explained that WVU researchers are already studying aspects of the fracking industry. But the state’s backing “could give us increased credibility and cache.” Hutchens said the whole state would give weight to the center’s interactions with federal and international agencies — the equivalents of the National Energy Technology laboratories in Canada, Mexico, Poland, China and more. Hutchens told members that if they decide to mandate HEPC oversight of research centers, faculty would like a chance to help draft a definition of “research center.” There are already dozens of them at institutions across the state, of varying sizes and purposes, and the bill would need to be clear about the scope of HEPC authority. To help members make up their minds how far they want to go with this issue, Walker said he would conduct a survey of how many centers already exist. WVU research well Hutchens said a dream project for the research center was put on hold by the recent dive in natural gas prices — but he’s working to get it going again. WVU wants to work with an operator to drill a horizontal well on WVU land. It would be a working well, generating money for the operator. But it would also be a research well, with every bit of data from the first turn of dirt through drilling and production and on being shared to advance knowledge in the field. When gas prices fell, operators cut back their drilling plans. “Now I’m looking for money to fund the work, from industry and others,” Hutchens said. Duane Nichols, Cell- 304-216-5535.

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hydraulic_frac_hazard_alert.pdf
by Duane 22 Jul '12

22 Jul '12

http://www.osha.gov/dts/hazardalerts/hydraulic_frac_hazard_alert.pdf The National Institute for Occupational Safety and Health (NIOSH) identified exposure to airborne silica as a health hazard to workers conducting some hydraulic fracturing operations during recent field studies.

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Air needs protection
by Duane 16 Jul '12

16 Jul '12

Texas judge rules atmosphere & air must be protected http://www.msnbc.msn.com/id/48161013/ns/us_news-environment/#.T_7fsnDiMa4 By RAMIT PLUSHNICK-MASTI HOUSTON — A Texas judge has ruled that the atmosphere and air must be protected for public use, just like water, which could help attorneys tasked with arguing climate change lawsuits designed to force states to cut emissions. The written ruling, issued in a letter Monday by Texas District Court Judge Gisela Triana, shot down arguments by the Texas Commission on Environmental Quality that only water is a "public trust," a doctrine that dates to the Roman Empire stating a government must protect certain resources — usually water, sometimes wildlife — for the common good. Adam Abrams, one of the attorneys arguing the case against TCEQ, said Triana's ruling could be used as a persuasive argument in lawsuits pending in 11 other states. In Texas, though, a ruling to protect air and the atmosphere has added significance. Republican Gov. Rick Perry is one of the most vocal opponents against widely accepted scientific research that fossil fuel emissions are causing global warming. And the state has refused to regulate greenhouse gases, forcing the U.S. Environmental Protection Agency to work directly with industries to ensure they comply with federal law. "The commission's conclusion that the public trust doctrine is exclusively limited to the conservation of water is legally invalid," Triana wrote. She also wants the case brought to a standstill, saying that so long as Texas has open-ended litigation on similar issues on the federal level, she cannot compel the TCEQ to write rules to protect the atmosphere and the air. The TCEQ said in an emailed comment that it was reviewing the judge's letter and is awaiting her final order, but it appears Triana will support the agency's move to deny the request for new rules. The lawsuit was brought by the Texas Environmental Law Center, and is part of a court campaign in a dozen states by an Oregon-based nonprofit, Our Children's Trust. The group is using children and young adults as plaintiffs in the lawsuits — some state and some federal — filed in Alaska, Arizona, California, Colorado, Iowa, Minnesota, Montana, New Jersey, New Mexico, Oregon, Texas and Washington. By relying on "common law" theories, the group hopes to have the atmosphere declared a public trust for the first time, granting it special protection. The doctrine has been used to clean up rivers and coastlines, but many legal experts have been unsure if it could be used successfully to combat climate change. Still, Abrams, who has handled the Texas case on behalf of the Texas Environmental Law Center, believes Triana's ruling can be used to argue the cases in other states. So far, he said, this is the first judge to back the group, though a New Mexico court recently allowed the case to go forward. "I think it's huge that we got a judge to acknowledge that the atmosphere is a public trust asset and the air is a public trust asset," Abrams said. "It's the first time we've had verbage like this come out of one of these cases." THANKS go to Chuck Wyrostok, WV Sierra Club, for distributing this article.

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EPA proposes to reduce PM2.5 from 15 to 12 ug/m3
by Duane330＠aol.com 05 Jul '12

05 Jul '12

EPA PROPOSES CLEAN AIR STANDARDS TO CURTAIL SOOT POLLUTION AND PROTECT PUBLIC HEALTH On June 15, EPA proposed updating its national air quality standards to reduce harmful fine particle pollution (PM2.5) from the current annual standard of 15 micrograms per cubic meter, to within 12 micrograms to 13 micrograms per cubic meter. EPA will accept public comment for 63 days after the proposed standards are published in the Federal Register and will issue the final standards by Dec. 14. For more information, go to _http://www.epa.gov/pm_ (http://www.epa.gov/pm) .

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Southwest PA: Compressor Station Expansion Comments and Public Workshop Opportunity
by Duane 11 Jun '12

11 Jun '12

> Subject: Southwest PA: Compressor Station Expansion Comments > and Public Workshop Opportunity > > Hey, > > I wanted to let you know about two upcoming opportunities for public participation in natural gas issues: > > 1. Comment on increased harmful air pollution from Welling Station Expansion in Washington County > > PA DEP recently announced their intent to issue an air quality permit for another compressor station expansion proposed in Buffalo Township, Washington County – MarkWest’s Welling Compressor Station. This expansion will create significant environmental and health impacts, especially in the context of the currently extensive natural gas infrastructure in the region. > > This facility expansion would result in a station with 9 engines, a dehydrator, a flare, condensate tanks, and other various smaller engines and equipment. As planned, this facility would emit 49.2 tons per year of Volatile Organic Compounds (VOCs), 58.7 TPY of Nitrous Oxides, and 89,422 TPY of CO2e. All projections are just under limits that would trigger more stringent pollution control requirements. > > This is your chance to tell the state what you think about this compressor station expansion. Please change the content in the action alert below to reflect your concerns and position. Don’t let this be just another form letter that PA DEP gets in their inbox. Let them know you care by adding your own perspective and by editing the template to include the topics that interest you most. Thanks for your participation. > > Click HERE to send your comments to DEP > > OR > > Copy and paste this link in your web browser: > > http://salsa.democracyinaction.org/o/1152/p/dia/action/public/?action_KEY=1… > > > > 2. Protecting the Air We All Breathe: Health & Air Impacts from Natural Gas Operations and Info on the Welling Compressor Station > > Buffalo Township Municipal Building, Washington County, PA > > Wednesday, June 20th, 7PM > > Clean Air Council and the Group Against Smog and Pollution (GASP) will provide residents of the area with information about air quality issues and health impacts associated with natural gas development. The presenters will discuss the proposed Welling Compressor Station expansion and provide details on how the public can comment on this station. > > Please let me know if you have any questions. > > Sincerely, > > Matt Walker > Clean Air Council > Community Outreach Coordinator > Marcellus Shale Program > 215-567-4004 ext. 121 > mwalker(a)cleanair.org > Website: www.cleanair.org > Facebook: Clean Air Council > Twitter: @cleanaircouncil >

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Marcellus Air Quality & Health Impacts
by Duane 11 Jun '12

11 Jun '12

Marcellus Shale Community Symposium Air Quality and Health Impacts presented by Friends of Deckers Creek in partnership with Friends of the Cheat Thursday, June 28, 2012, 6:30 – 8:00 PM WVU Evansdale Campus Room 207 Engineering Science Bldg Friends of Deckers Creek and Friends of the Cheat are hosting the 2ndquarterly Marcellus Shale community symposium, focused on air quality issues and health impacts. Other topics to be addressed include air quality monitoring and volunteer water monitoring programs. Dr. Mike McCawley, WVU Department of Community Medicine, will present information on a novel system he’s developed to monitor air quality around Marcellus drill sites as well as potential health impacts. Bill Hughes, Wetzel County Action Group, will share on-the-ground photographs of air pollution sources from well site activities. Friends of Deckers Creek and Friends of the Cheat will briefly discuss their citizen scientist monitoring programs. There also will be ample time for questions and discussion. This will be a great opportunity for residents to learn more about the potential environmental impacts from Marcellus Shale drilling, potential air quality and health impacts, and to get involved with monitoring efforts. Hope to see you there! Elizabeth Wiles, Executive Director Friends of Deckers Creek PO Box 877 Dellslow, WV 26531 Office: 304.292.3970 Fax: 304.292.5070 Email: liz(a)deckerscreek.org www.deckerscreek.org

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"It's not just Armendariz."
by Duane 05 Jun '12

05 Jun '12

From: Calvin Tillman <tillman4council(a)aol.com> Date: Sun, Jun 3, 2012 at 7:39 PM Subject: Fwd: "I Am An Armendariz" To: Tillman4council(a)aol.com Dr. Al Armendariz (was also in the Texas portion of Gasland) was the EPA Region 6 Administrator that spoke before the citizens of DISH TX shortly after his appointment, and was discussing how he would attempt to hold the Oil and Gas Industry accountable for there actions. A video of this was made public and a brief clip of this was blown out of proportion by the oil and gas industry. Subsequently Dr. Armendariz resigned from the EPA, and is still being forced to testify before congress, below is a campaign to show support for Dr. Armendariz. If you support what Dr. Armendariz was attempting to do, please consider participating. Calvin Tillman Former Mayor, DISH, TX (940) 453-3640 "Those who say it can not be done, should get out of the way of those that are doing it" -----Original Message----- From: schermbeck <schermbeck(a)aol.com> To: Sent: Sun, Jun 3, 2012 6:26 pm Subject: "I Am An Armendariz" This Wednesday, June 6 at 10 EST, Dr. Al Armendariz will be facing off with Smokey Joe Barton in Washington at a hearing of a subcommittee of the House Energy and Commerce Committee. Some of us have decided to try and put up a new website by the time Dr. Al begins to testify that will both show we stand behind him and try to build a larger base of support for him and his work. The site is IMANARMENDARIZ.COM and it's name comes from this quote by Senator Inhofe (R-Oil and Gas) after he learned that Dr. Al resigned: "It's not just Armendariz. There are lots of other Armendarizes around." To prove how right the Senator is, we're collecting pics from citizens who are proudly willing to stand behind a sign that says "I am an Armendariz" - that they too are for prosecuting environmental criminals instead of coddling them, and support Al as he faces another round of needless harassment in order to advance the House's radical anti-EPA agenda. We'll put these "I am an Armendariz" pics up online at the new website. If you want to contribute, please send your pics to iamanarmendariz(a)gmail.com Also - if you as an individual or your group would like to be listed as a supporter of Dr. Al, please let me know by e-mailing me or using the iamanarmendariz(a)gmail.com address. Attached is a quick flyer put together for the purpose of graphically illustrating the concept and being able to forward the campaign to others. Please send it along with this e-mail to others you think might be interested in pushing back on behalf of a guy who tried to look out for us. We're looking forward to receiving everyone's contributions. Thanks for your consideration. Jim Schermbeck Downwinders at Risk 806-787-6567

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Fracking's Methane Trail: A Detective Story : NPR
by Duane 17 May '12

17 May '12

http://www.npr.org/2012/05/17/151545578/frackings-methane-trail-a-detective… May 17, 2012 NPR: FRACKING'S METHANE TRAIL: A DETECTIVE STORY Gaby Petron didn't set out to challenge industry and government assumptions about how much pollution comes from natural gas drilling. She was just doing what she always does as an air pollution data sleuth for the National Oceanic and Atmospheric Administration. "I look for a story in the data," says Petron. "You give me a data set, I will study it back and forth and left and right for weeks, and I will find something to tell about it." Petron saw high levels of methane in readings from a NOAA observation tower north of Denver. And through painstaking, on-the-ground detective work, she tied that pollution to the sprawling oil and gas fields in northeastern Colorado. The story she stumbled into suggests that government may be far underestimating air pollution from natural gas production. Her measurements, which were published in the Journal of Geophysical Research, suggest that methane, a potent greenhouse gas, is leaking at least twice the rate reported by the industry. Coal Vs. Natural Gas: Which Is Cleaner? Her paper was the latest volley in an intense estimate war under way in the scientific community about whether natural gas really is cleaner than the coal it's already starting to replace on the electric grid. A lot of research shows power plants pump out fewer greenhouse gases when they run on gas instead of coal. But no one really knows how much natural gas leaks out when companies are drilling for gas and getting it to power plants. Natural gas is primarily methane. Methane is very effective at trapping heat in the atmosphere. And already, natural gas production is the biggest manmade U.S. source of methane. The way it is now, the Environmental Protection Agency relies on estimates of methane emissions. They're based on some measurements of emissions from individual pieces of equipment and lots of complicated math. A Revealing Tower A tall tower at the foot of the Rocky Mountains tipped off scientists that these estimates are poor substitutes for measuring. Imagine an open metal structure as tall as the Eiffel Tower and in the shape of a Toblerone chocolate box. A tiny elevator runs up the middle. For the past few years, that tower has been Gaby Petron's muse, spewing out numbers about air pollution. Petron was studying those numbers at NOAA's lab in Boulder, Colo., just 15 miles from the tower. What she saw amazed her. "Oh, my God, we were looking at something really different than anywhere else where we were taking measurements in this country," Petron recalls. "And at first I didn't know what it was." What she saw was very high levels of methane gas, not all the time, but often. And every time methane was high, she saw a consistent mix of other chemicals with it — a sort of chemical cocktail — that included methane, propane and pentane in specific proportions. Levels as high as she was seeing suggested a lot more methane than anyone realized was coming from somewhere, but from where? She talked a colleague into turning his Prius into a mobile lab so she could sniff out the source. As they drove east, toward the tower, methane levels would increase. Seeking The Source They saw lots of potential sources of methane: a landfill, cows and lots of telltale signs of the oil and gas industry, such as storage tanks, drill rigs and lots of bright red Halliburton trucks. She collected canisters of air near cows to see if they were her mysterious source. But when the analysis came back from the lab, there was methane, but not the other chemicals in the cocktail from the tower. No match. The landfill was not a match, either. When she drove around the oil and gas field northeast of the tower, the methane levels spiked."They would increase a lot, and that's why we saw we were looking at something really important and really big," Petron recalls. "We would say, 'Oh, my god, let's stop and take a sample.' " When her lab analyzed the canisters of air from the gas field, she had a match. The tower is on the southwest corner of the Denver-Julesburg basin, where at the time there were more than 20,000 active natural gas and condensate wells. She got detailed wind direction data from the tower and confirmed that methane at the tower was highest when the wind was blowing from the direction of the gas fields. She also got a hold of the industry's analysis of the mixture of chemicals that come out of the ground with the natural gas here. It also matched what she found in the tower air. "So that's when you have your moment. All right, the story is right there. It's really not the landfill. It's really not the cows. It's really all the oil and gas equipment and activities that are going on in the region. And it's not new — it's always been there. We were just not measuring it." Petron said. Then came the hard part: trying to figure out how much methane was leaking from the gas fields. That took a few years and a lot of input from industry and regulators. The science and calculations were complicated. "That's why it took so long to write this story," Petron recalls. She says even the lowest range of her estimate was higher than the leak rate industry and regulators were reporting. "Really, what our story is telling in our paper is the leak rate is twice what the industry thinks it is," she says. Petron's work also suggests that the industry is underestimating its releases of other chemicals, including benzene, which, if present at high enough levels, can cause cancer. The industry reports negligible benzene emissions. But her calculations show it is likely the region's largest source of benzene. Measuring A Sprawling Industry So why don't gas companies measure the pollution they pump into the air? Companies can have thousands of gas wells, storage tanks and equipment that leak air pollution sprawled over hundreds of square miles. Allen says it would take too much work for companies to maintain air pollution monitors near each well site. "Direct emission measurement is extremely expensive. It's not realistic to install such devices on every single emissions source that there is," says Cindy Allen, who heads the environment team for a drilling company called Encana. The American Petroleum Institute says companies are trying to improve their air pollution estimates. The trade group is working on a new survey of methane emissions from tens of thousands of wells. The API's Howard Feldman says more measurements like the ones that came from that NOAA tower are needed, too. "Both are valid, and both add to the information that we have," he says. Feldman says it's in the industry's interest to find leaks and capture methane, because methane — which is natural gas — is their product, and they don't want to lose it to the atmosphere. Road Trip Petron believes scientists need to play a much bigger role in measuring air pollution from natural gas production — at well sites and compressor stations, and over entire gas fields. This winter, she tricked out a van with a lot of sensitive instruments and hit the road in Utah and Colorado. She's collaborating with other scientists measuring the air over gas fields from aircraft. She believes pollution levels could vary a lot from one gas field to another. So Petron wants to take her van to other gas fields in Utah, Texas and Pennsylvania. "There's a lot of booming oil and gas activities around the country," Petron says. "If I could dream, I would be going to all these places." Submitted by: Duane Nichols. See also: www.FrackCheckWV.net

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NPR: Medical Records Could Yield Answers On Fracking
by Duane 17 May '12

17 May '12

> Subject: NPR: Medical Records Could Yield Answers On Fracking > > http://www.npr.org/2012/05/16/151762133/medical-records-could-yield-answers… > > NPR: MEDICAL RECORDS COULD YIELD ANSWERS ON FRACKING > > PHOTO: William Reigle has fibrosis, a disease that may be aggravated by nearby fracking. He's one of more than 2 million Pennsylvanians who get their health care from Geisinger Health System. The system wants to use its extensive database of patient records to study the health impact of natural gas production. > > May 16, 2012 > A proposed study of people in northern Pennsylvania could help resolve a national debate about whether the natural gas boom is making people sick. > > The study would look at detailed health histories on hundreds of thousands of people who live near the Marcellus Shale, a rock formation in which energy companies have already drilled about 5,000 natural gas wells. > > If the study goes forward, it would be the first large-scale, scientifically rigorous assessment of the health effects of gas production. > > Secret Weapon: A Very Large Database > > In recent years, there have been lots of anecdotal reports about people who say they have been harmed by the chemicals associated with gas wells and the drilling technique known as hydraulic fracturing, or fracking. > > Science And The Fracking Boom: Missing Answers > > Explore key components of the natural gas production process — and the questions scientists are asking. > > But "there doesn't seem to be a lot of hard data to either support or refute those claims," says David Carey, associate chief research officer of the Geisinger Health System, which provides care to more than 2 million Pennsylvanians. > So the Geisinger system wants to use its huge database of electronic health records to help researchers get definitive answers, Carey says. > > The long-term goal is to learn whether gas operations increase the incidence of diseases such as diabetes and cancer, Carey says. But first, he says, researchers want to take a quick look at whether air pollutants associated with gas drilling are affecting people with asthma and other lung problems. > > The asthma study is possible because Geisinger's database includes tens of thousands of people with asthma, says Dr. Paul Simonelli, the system's director of thoracic medicine. > > From his office in Geisinger's gleaming medical center in Danville, Pa., Simonelli demonstrates why the database is so valuable. With just a few computer keystrokes, he brings up the record for an asthma patient. > > "This patient's been seen in our system well over a dozen times," he says, scrolling through the record. "And this dates back to 2001." > > Looking For Clues In Asthma And Ozone > > Researchers want to start with asthma patients because they are very sensitive to ground-level ozone, a pollutant that often forms near gas wells, Simonelli says. > > When ozone levels rise, he says, many asthma patients begin to have trouble breathing and seek help. > > PHOTO: Dr. Paul Simonelli is the director of thoracic medicine for the Geisinger system. Geisinger researchers want to find out whether air pollutants associated with gas drilling are affecting people with asthma and other lung problems. > > Primary care physicians are usually the first people patients call, Simonelli says. Then, he says, "we see it in the specialty clinics such as my own, where we'll be messaged by lots of patients that [say,] 'I'm getting worse, what should I do?' " > > When ozone levels get really high, he says, asthma patients start showing up in emergency rooms. > > About 6 percent of people in the United States have asthma, Simonelli says, "so we're talking about an enormous number of people who are potentially at risk to have their conditions worsened by these exposures." > > And the Geisinger database contains such detailed information that it's possible to figure out things like precisely how far each asthma patient lives from a gas well, says Brian Schwartz, an environmental epidemiologist at Johns Hopkins University in Baltimore. > > Schwartz, who is working with Geisinger on the project, says the plan is to use air quality data from the Environmental Protection Agency to identify days when ozone levels are high, then use the database to answer a series of questions about asthma patients. Questions such as: "Are they being admitted to the hospital? Are they requiring emergency department visits? Are they using more inhalers?" > > 'We Just Want The Facts To Lead Us' > > Northern Pennsylvania is a particularly good place to ask those questions because gas operations are the primary source of ozone and only began a few years ago, Schwartz says. > > We're not out to get anybody. We just want to let the facts lead us wherever they will. > > - David Carey, associate chief research officer, Geisinger Health System > > "Because we have 10 years of health data, but the drilling has mainly been for the past five years, we have a period with information on asthma patients and controls before drilling, [as well as] a period after drilling," he says. > > There's one big hitch, though, Schwartz says. The asthma study alone is likely to cost nearly a million dollars — and no one has offered to pay for it yet. > > Even so, Schwartz is optimistic. One reason, he says, is that the research has strong support at Geisinger — from the CEO on down. > > There's a good reason for Geisinger's commitment, Carey says. "If you look at the map, the geographic footprint of our patient catchment area, this is literally going on in our backyard." > > So Carey and other Geisinger officials have been working to build support for the study among scientists, and capture the interest of funding agencies. > And so far the response has been positive, Carey says, in part because Geisinger is seen as a neutral party in the national debate about fracking and shale gas production. > > "We're not out to get anybody," he says. "We just want to let the facts lead us wherever they will. So if we do find that there are environmental exposures that are harming people's health, we'll say it. If we find evidence that there's nothing to worry about, we'll say that, too." > > Submitted by Duane Nichols. See also: www.FrackCheckWV.net

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Fwd: Colorado School of Public Health Study says Frack Wells can Cause Acute and Chronic Health Problems
by Duane 17 May '12

17 May '12

> From: www.FrackCheckWV.net > Date: May 17, 2012 > > Subject: Colorado School of Public Health Study says Frack Wells can Cause Acute and Chronic Health Problems > > Colorado School of Public Health Study says Frack Wells can Cause Acute and Chronic Health Problems > > Colorado School of Public Health Study says Frack Wells can Cause Acute and Chronic Health Problems > > > “Our data show that it is important to include air pollution in the national dialogue on natural gas development that has focused largely on water exposures to hydraulic fracturing,” said Lisa McKenzie, Ph.D., MPH, lead author of a new report and research associate at the Colorado School of Public Health. > > The report, based on three years of monitoring, found a number of potentially toxic petroleum hydrocarbons in the air near the wells including benzene, ethylbenzene, toluene and xylene. Benzene is a well known carcinogen. > > The report, which looked at those living within a half-mile from the wells, comes in response to the rapid expansion of natural gas development in rural Garfield County, in western Colorado. McKenzie analyzed ambient air sample data collected from monitoring stations by the Garfield County Department of Public Health and Olsson Associates Inc. She used standard EPA methodology to estimate non-cancer health impacts and excess lifetime cancer risks for hydrocarbon exposure. > > The report concludes that health risks are greater for people living closest to wells and urges a reduction in those air emissions. Future studies are warranted and should include collection of area, residential and personal exposure data where wells are operating. Additional studies should also examine the toxicity of other hydrocarbons associated with natural gas development. > > This study is entitled “Human Health Risk Assessment of Air Emissions from Development of Unconventional Natural Gas Resources.” It has been accepted for publication in Science of the Total Environment. > > See also the slide presentation by John Adgate, Professor and Chair of the Department of Environmental and Occupational Health at the University of Colorado. It is entitled “Air Pollution Exposure and Risk Near Unconventional Natural Gas Drill Sites: Example from Garfield County, Colorado.” > > > NPR: ‘Close Encounters’ With Gas Well Pollution > > Garfield County, Colorado > PART 2. NATIONAL PUBLIC RADIO SERIES ON SHALE GAS DRILLING & FRACKING. > > Here is a condensed version of the NPR report: > > Living in the middle of a natural gas boom can be pretty unsettling. The area around the town of Silt, Colo., used to be the kind of sleepy rural place where the tweet of birds was the most you would hear. Now it’s hard to make out the birds because of the rumbling of natural gas drilling rigs. The land here is steep cliffs and valleys. But bare splotches of earth called well pads are all over the place. > > What’s In Those Fumes? > > Nearly a decade ago, Garfield County in Colorado started trying to tackle that question, and was chugging ahead of the whole country in pursuit of scientific truth. Local politician Tresi Houpt was the engine pushing that effort. > > As she started to campaign to be a Garfield County commissioner, she came down from her home on a ski mountain to meet people in ranches, rural neighborhoods with the big blue skies and clear starry nights. She couldn’t believe what she saw: drill rigs right outside homes, armadas of diesel-spewing trucks, fumes wafting from equipment called compressors and condensate tanks. In Colorado, you can have a drill rig 150 feet from homes. > > In 2002, Houpt won her election. And one of the first things she wanted to know was: Did scientists have any answers for what was in the air near wells? > > Houpt and the other commissioners agreed to start spending some of the county’s gas royalties to try to get answers. They brought in Jim Rada to create an environmental health office. “There are pipelines, there are storage yards, compressor stations, gas plants,” he says, as we drive along in his hybrid SUV past thousands of sources of air pollution. Diesel exhaust spews from trucks and drilling rigs. Methane, chemicals that make ozone, and fumes that contain cancer-causing benzene leak from wells and storage tanks. > > Rada figured it would be impossible to track all this pollution, so back in 2005, he set up monitors in towns where most of the people lived. Gadgets on the roof monitor soot, smog and volatile organic compounds, known as VOCs. Years of data from these and other monitors around the county have shown that the industry is putting a lot more chemicals into the air that create smog. But levels of smog and other air pollutants still meet EPA health standards. > > In 2008, he got permission from companies to put air sampling canisters around eight wells that were being drilled. Then, for 24 hours, those canisters captured the chemicals that were coming off the wells. He found very large amounts of chemicals. Some of them, like benzene, can cause cancer. Others, like xylenes, can irritate eyes and lungs. > > Rada’s air monitoring work was rare enough that it was getting attention at some higher levels. The Centers for Disease Control and Prevention and Colorado’s state public health agency were analyzing his data for answers. > > But they didn’t really find any. For instance, Rada’s eight-well test was just a pilot study. He didn’t test the air long enough or at enough places to know how much chemicals people were really being exposed to. > > At that point, Rada says the job got too big for him. This was 2009. Nearly 3,000 wells had gone in the year before. The county needed help. And its next move turned out to have some pretty painful consequences. > > Rada called in the Colorado School of Public Health to examine whether lots of new drilling within a neighborhood might hurt people’s health. To make their conclusions, the researchers were supposed to use existing studies, such as the county’s monitoring data, and whatever other science they could find. A draft assessment by the school predicted small increases in risks of cancer, headaches and lung ailments. > > People who live near gas wells held up the researchers’ work to attack the industry in lawsuits and in the media. And gas companies fought back. “Both sides were fighting,” recalls John Martin, a longtime county commissioner. “They wanted to use this document in both arguments — that it didn’t hurt anything and that it killed everyone.” > > In May of last year, the commissioners gathered for a meeting and voted to end a contract with the Colorado School of Public Health. Tresi Houpt, who had lost her re-election and wasn’t part of the vote, saw her years of work unraveling. All that momentum the county had built up came to a screeching halt. > > So, 10 years have passed since Houpt first drove around her county, hearing complaints about air pollution and the gas industry. And Garfield County’s 800 gas wells have grown to more than 8,000. People who live near wells — whether they’re in Texas, Pennsylvania or Utah — still don’t know what they’re breathing. > > Houpt believes Garfield County’s saga shows how politics, industry pressure, technical challenges and the slow pace of science have blocked the search for answers — not just for her community, but for the whole country. > > See also this posting in FrackCheckWV.

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American Lung Association Releases ‘State of the Air’ Report: What’s Your City’s Grade? « EcoWatch: Uniting the Voice of the Grassroots Environmental Movement
by Duane 04 May '12

04 May '12

http://ecowatch.org/2012/american-lung-association-releases-state-of-the-ai… American Lung Association Releases ‘State of the Air’ Report: What’s Your City’s Grade? American Lung Association The American Lung Association’s State of the Air 2012 report released on April 25 finds that in America’s most polluted cities, air quality was at its cleanest since the organization’s annual report began 13 years ago. This year’s report details the trend that standards set under the Clean Air Act to cleanup major air pollution sources—including coal-fired power plants, diesel engines and SUVs—are working to drastically cut ozone (smog) and particle pollution (soot) from the air we breathe. Despite this progress, unhealthy levels of air pollution still exist and in some parts of the country worsened. “State of the Air shows that we’re making real and steady progress in cutting dangerous pollution from the air we breathe,” said Charles D. Connor, American Lung Association president and CEO. “We owe this to the ongoing protection of the Clean Air Act. But despite these improvements, America’s air quality standards are woefully outdated, and unhealthy levels of air pollution still exist across the nation, putting the health of millions of Americans at stake.” The job of cleaning the air is not finished. More than 40 percent of people in the U.S. live in areas where air pollution continues to threaten their health. That means more than 127 million people are living in counties with dangerous levels of either ozone or particle pollution that can cause wheezing and coughing, asthma attacks, heart attacks and premature death. Those at greatest risk from air pollution include infants, children, older adults, anyone with lung diseases like asthma, people with heart disease or diabetes, people with low incomes and anyone who works or exercises outdoors. The Lung Association’s annual air quality report grades cities and counties based, in part, on the color-coded Air Quality Index developed by the U.S. Environmental Protection Agency (EPA) to alert the public to daily unhealthy air conditions. The 13th annual report uses the most recent, quality-controlled EPA data collected from 2008 through 2010 from official monitors for ozone and particle pollution, the two most widespread types of air pollution. Counties are graded for ozone, year-round particle pollution and short-term particle pollution levels. The report also uses EPA’s calculations for year-round particle levels. Major improvements were seen in 18 of the 25 cities most polluted by ozone, including Los Angeles, which had the lowest smog levels since the report was first published in 2000. Los Angeles, Pittsburgh and Cincinnati were among 17 of the 25 cities most polluted by annual particle pollution that experienced their cleanest years yet. Four cities—Pittsburgh, San Diego, Philadelphia and Visalia, Calif., had their lowest-ever, short-term particle pollution level. For the first time, Birmingham, Ala., Detroit, Mich., and York, Pa., dropped completely off the report’s 25 most-polluted cities lists. Santa Fe, N.M., ranked as the cleanest city in the nation. Meanwhile, State of the Air 2012 finds that nearly four out of 10 people in the U.S. live in counties that received an F for air quality because of unhealthy levels of ozone air pollution, which can cause health problems that day, and even days after. When inhaled, ozone irritates the lungs, like a bad sunburn, and can cause wheezing, coughing, asthma attacks and can shorten life. The report also finds that nearly 50 million Americans live in counties with too many unhealthy spikes in particle pollution levels, and nearly six million people live in areas with unhealthy year-round levels of particle pollution. Particle pollution is the most dangerous and deadly widespread air pollutant in America. This noxious mix of microscopic bits of ash, soot, diesel exhaust, chemicals, metals and aerosols can lead to early death, heart attacks, strokes and emergency room visits. Only eight counties received a failing grade for year-round particle pollution, further evidence of the continuing improvement even since last year’s report. The trend toward cleaner air continued throughout this three-year period, even as the economy, energy use and driving began to rebound after the recession in 2008-2009. The reduced emissions result from standards set under the Clean Air Act since the late 1990s that have driven continued cleanup of coal-fired power plants and the turnover of the fleet of older, dirtier SUVs, pick-up trucks, vans and diesel engines. The Ongoing Fight to Defend the Clean Air Act Although these air quality improvements clearly result from standards put into place under the Clean Air Act, big polluters and some members of Congress continue to propose to dismantle the law. Recent proposals in the Congress have included delaying implementation and blocking enforcement of parts of the law, and limiting EPA’s ability to consider all of the scientific evidence regarding the harm to public health. These challenges come despite EPA’s estimate that cutting air pollution through the Clean Air Act will prevent at least 230,000 deaths and save $2 trillion annually by 2020. “We still need to fulfill the promise of clean, healthy air for everyone, and that can only become a reality through the full implementation of the Clean Air Act. The American Lung Association strongly opposes any efforts to weaken, delay, or undermine the protective standards the law provides,” said Connor. The American people support the need for stricter limits on air pollution standards and the authority of the EPA to enforce these standards. A recent bipartisan survey found that about two-thirds of voters (66 percent) favor the EPA updating air pollution standards by setting stricter limits. Nearly three quarters (73 percent) of voters believe the nation does not have to choose between air quality and a strong economy. “The American Lung Association has been leading the fight for clean air for decades, and we are as determined as ever to give every American the clean air they deserve to breathe every day,” said Connor. To see how your community ranks in State of the Air 2012, to learn how to protect yourself and your family from air pollution, and to join the fight for healthy air, visit www.stateoftheair.org. Nation’s Most Polluted Cities 10 Most Ozone-Polluted Cities Los Angeles-Long Beach-Riverside, Calif. Visalia-Porterville, Calif. Bakersfield-Delano, Calif. Fresno-Madera, Calif. Hanford-Corcoran, Calif. Sacramento-Arden-Arcade-Yuba City, Calif.-Nev. San Diego-Carlsbad-San Marcos, Calif. Houston-Baytown-Huntsville, Texas San Luis Obispo-Paso Robles, Calif. Merced, Calif. 10 Cities Most Polluted by Year-Round Particle Pollution (Annual PM2.5) Bakersfield-Delano, Calif. Hanford-Corcoran, Calif. Los Angeles-Long Beach-Riverside, Calif. Visalia-Porterville, Calif. Fresno-Madera, Calif. Pittsburgh-New Castle, Pa. Phoenix-Mesa-Glendale, Ariz. Cincinnati-Middletown-Wilmington, Ohio-Ky.-Ind. Louisville-Jefferson County-Elizabethtown-Scottsburg, Ky.-Ind. Philadelphia-Camden-Vineland, Pa.-N.J.-Del.-Md. St. Louis-St. Charles-Farmington, Mo.-Ill. 10 Cities Most Polluted by Short-Term Particle Pollution (24-hour PM2.5) Bakersfield-Delano, Calif. Fresno-Madera, Calif. Hanford-Corcoran, Calif. Los Angeles-Long Beach-Riverside, Calif. Modesto, Calif. Pittsburgh-New Castle, Pa. Salt Lake City-Ogden-Clearfield, UT Logan, UT-ID Fairbanks, Alaska Merced, Calif. For more information, click here. Duane Nichols, Cell- 304-216-5535.

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US EPA strives to protect the public health and welfare long-term
by Duane330＠aol.com 03 May '12

03 May '12

EPA UPDATES CLEAN AIR STANDARDS FOR DOMESTIC OIL AND NATURAL GAS PRODUCTION On April 18, EPA finalized standards to reduce air pollution emitted from oil and natural gas wells, including for the first time, hydraulically fractured natural gas wells, storage tanks and other equipment. The new cost-effective technologies will help reduce the release of methane and other air toxics captured at the wellhead that can cause cancer and other serious health effects. For more information, go to _http://www.epa.gov/airquality/oilandgas_ (http://www.epa.gov/airquality/oilandgas) . EPA PUBLISHES NATIONAL GREENHOUSE GAS INVENTORY On April 16, EPA released the 17th annual U.S. greenhouse gas inventory that calculates the total U.S. greenhouse gas emissions by source and economic sector. The new figures indicate that overall, greenhouse gas emissions grew by more than 10 percent from 1990 to 2010, and in 2010, totaled 6,822 million metric tons. The inventory also calculates carbon dioxide emissions removed from the atmosphere by “sinks,” or carbon uptake by forests, vegetation and soils. For more information, go to _http://www.epa.gov/climatechange/emissions/usinventoryreport.html_ (http://www.epa.gov/climatechange/emissions/usinventoryreport.html) .

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American Lung Association & GASP
by Duane 26 Apr '12

26 Apr '12

The State of the Air in 2012 Well, actually, we're talking about an average of the air quality from 2008 to 2010. So you could call it "The State of the Air 16 to 52 months ago," but that's not very catchy, is it? Whatever the title, the American Lung Association's recent report is a useful tool in comparing our air quality to other metropolitan regions in the US, as well as in benchmarking our own progress over the years. The report monitors ozone and PM2.5, two pollutants our region has high amounts of. A very brief summary for our region: while our air got cleaner in the time period discussed, our rankings were mixed. We improved from 3rd to 6th worst in daily spikes of PM2.5, but we fell further behind the rest of the country in annual levels of PM2.5 (from 7th to 6th worst) and ozone (24th to 20th worst). All sorts of other details, such as which cities ranked cleanest, can be found here. GASP and other PA environmental groups issued a statement, found here. While we should be happy that the hard work of so many here is leading to cleaner air, we're upset to have made slower progress than most everywhere else. The ozone numbers are ones to watch, as the shale gas industry continues to grow here. Emissions from this industry can form ozone, and Pittsburgh is quickly becoming the new capital of the shale revolution. Stay with GASP to see how we're tackling this threat. Visit our web site to learn more, and to become part of the solution.

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The challenge of global warming . . . .
by Duane 22 Mar '12

22 Mar '12

March 22, 2012 Spring Has Sprung Spring officially arrived this week, even if the temperatures in much of the US are feeling more like summer. As Climate Central scientist Heidi Cullen puts it in a recentNew York Times op-ed: "The first day of spring isn’t what it used to be. In fact, over the past several decades spring weather has been arriving earlier in most parts of the United States. This shift affects all aspects of life — from when flowers bloom to when animals migrate and have babies — the very things that make spring magical." Winter 2012 was the fourth warmest on record in the US, and the warmer-than-usual March temps and the earlier arrival of spring not only causes havoc in how species interact (as Cullen explains) but also paves the way for severe weather, such as "super cell" thunderstorms and tornadoes, as we are seeing in Texas and other parts of the center of the country. Global warming increases the risk of extreme weather events that threaten communities across the country. For details on the record-setting events of 2011 (including those in your area), check out NRDC's Extreme Weather map. Rising Sea Levels Put Coasts at Risk According to a new report fromClimate Central, sea level rise due to global warming has already doubled the risk of coastal flooding across the United States. By 2030, many locations are likely to see sea level rise at least 4 feet above the local high-tide line. Nearly 5 million U.S. residents live on land below this level. Titled “Surging Seas”, the report is the first to analyze how sea level rise caused by global warming is compounding the risk from storm surges throughout the coastal contiguous U.S. The Surging Seas website includes a searchable, interactive map that shows risk zones and statistics for 3,000 coastal towns, cities, counties and states. As Climate Central staff scientist Ben Strauss commented, “To preserve our coastal towns, cities and treasures, the nation needs to confront greenhouse gas pollution today, while also preparing to address sea level rise that can no longer be avoided." Surging Seas report available at ClimateCentral.org. For more on the threat of rising sea levels, check out this recent story from the New York Times. Join the Discussion There's nothing like unseasonably hot weather to make people think global warming is real, but the American public still lacks significant knowledge about the science of climate change. As Prof Andrew Hoffman of University of Michigan wrote in a Christian Science Monitor commentary this week: "People must be educated about science and the scientific process if we are to make rational and informed decisions that affect our future. … [But] the relative absence of academics and academic scholarship in the public discourse creates a vacuum into which uninformed, wrong, and downright destructive viewpoints get voiced and take hold." Climate scientists need to come down from their ivory towers and speak to the people in terms they can understand. The issues are too important for scientists to remain "lost in the academy." But we can all have an impact. That's why we encourage you to learn as much as you can about the science of global warming, and work to educate your family and friends. And here's an idea: why not help educate your community by organizing a presentation in your area from an Al Gore-trained presenter from The Climate Reality Project? Visit ClimateRealityProject.org to request a presentation. Stop Fossil Fuel Subsidies Our friends at 350.org are organizing a petition to call on Congress to end subsidies to fossil fuel companies, and invest in green jobs and clean energy instead. Visit 350.org to voice your opposition to the billions in subsidies that the fossil fuel industry makes. The Prince's Speech Our industrial food system is causing severe environmental damage, and is a leading contributor of greenhouse gas emissions. Read "On the Future of Food: The Prince's Speech," by HRH Prince Charles, an insightful overview of our food system and a compelling vision for a sustainable future. There are many simple things you can do in your daily life to help stop global warming. Take Action Now! Want to know more about global warming? Check out our recommendedDVDs and books. Show your support and help us spread the word by hosting a banner or button on your site or blog. Promote SGW! Duane Nichols, Cell- 304-216-5535.

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Shale Research Center at WVU, not yet ....
by Duane 13 Mar '12

13 Mar '12

----- Original Message ----- From: DSGJr(a)aol.com To: dcsoinks(a)comcast.net Sent: Monday, March 12, 2012 8:58 AM Subject: HB 4511 Don -- HB 4511 died on the last night of the Legislative Session. The bill would have created the Shale Research, Education, Policy and Economic Development Center at West Virginia University. The bill passed the House on Feb. 29. The bill was amended in Senate Finance Committee on March 7, and passed by the full Senate on March 9. The Senate Finance Committee amendment is not yet posted on line. On Saturday, the House refused to concur with the Senate version of the bill. The Senate refused to recede, and appointed members for a conference committee. The House refused to appoint conference committee members. So the bill died. Don Garvin WVEC Legislative Coordinator Duane Nichols, Cell- 304-216-5535.

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NEW Climate and Clean Air Coalition
by Duane 09 Mar '12

09 Mar '12

THE CLIMATE AND CLEAN AIR COALITION TACKLES 'SHORT-LIVED' CLIMATE POLLUTION WORLDWIDE On Feb. 16, the State Department and EPA announced a new initiative to address climate change, improve air quality and protect public health: the Climate and Clean Air Coalition to Reduce Short-Lived Climate Pollution. Short-lived pollutants such as methane, black carbon (soot) and hydrofluorocarbons (HFCs) contribute to climate change, impact public health, and food productivity. For more information, go to http://www.state.gov/r/pa/prs/ps/2012/02/184055.htm. Duane Nichols, Cell- 304-216-5535.

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Air Quality Permit for compressor station, Frazer Twp., Allegheny County, PA
by Duane Nichols 06 Mar '12

06 Mar '12

http://www.alleghenycounty.us/news/2012/20120302b.aspx Comment Period Extended to March 23rd; Public Hearing Set on Air Quality Permit for March 27th For Allegheny County’s First Marcellus Shale Natural Gas Compressor Station Contact: Guillermo Cole, Health Department, 412-578-8004 office In response to requests from the public, the Allegheny County Health Department has decided to extend the comment period and also schedule a public hearing on a proposed air quality installation permit for a compressor station at a Marcellus Shale natural gas production site in Frazer Township. The compressor station, fueled solely by clean-burning natural gas, is classified as a minor source and not expected to have a significant impact on air quality. Superior Appalachian Pipeline plans to build the compressor station on Kissick Lane. The public hearing will be held on Tuesday, March 27, at 6 p.m., at the Clack Health Center, Building 7, 301 Thirty-Ninth Street, Lawrenceville. In addition, the deadline for public comments will be extended from March 8 to March 27. Testimony at the hearing must be scheduled in advance, by calling 412-578-8115, by 4 p.m. on Friday, March 23. Speakers are limited to five minutes and asked to submit a written copy of their testimony. Comments may also be submitted until March 27 via email, fax or mail to: aqpermits(a)achd.net; 412-578-8144; or Allegheny County Health Department, Air Quality Program, 301 Thirty-Ninth Street, Pittsburgh, PA 15201. The proposed permit is posted on the Health Department’s web site, www.achd.net, and also available for review Monday through Friday, 8:30 a.m. to 3:30 p.m. at the Health Department’s Air Quality Program office located in Lawrenceville. The compressor station, fueled solely by clean-burning natural gas, is classified as a minor source and not expected to have a significant impact on air quality. Superior Appalachian Pipeline plans to build the compressor station on Kissick Lane. The public hearing will be held on Tuesday, March 27, at 6 p.m., at the Clack Health Center, Building 7, 301 Thirty-Ninth Street, Lawrenceville. In addition, the deadline for public comments will be extended from March 8 to March 27. Testimony at the hearing must be scheduled in advance, by calling 412-578-8115, by 4 p.m. on Friday, March 23. Speakers are limited to five minutes and asked to submit a written copy of their testimony. Comments may also be submitted until March 27 via email, fax or mail to: aqpermits(a)achd.net; 412-578-8144; or Allegheny County Health Department, Air Quality Program, 301 Thirty-Ninth Street, Pittsburgh, PA 15201. The proposed permit is posted on the Health Department’s web site, www.achd.net, and also available for review Monday through Friday, 8:30 a.m. to 3:30 p.m. at the Health Department’s Air Quality Program office located in Lawrenceville.

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WVU Develops Marcellus Shale Air Monitoring System
by Jonathan Rosenbaum 23 Feb '12

23 Feb '12

This is refreshing to observe: http://www.wboy.com/story/16976388/wvu-develops-marcellus-shale-air-monitor… -Jonathan

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TALES FROM THE SHALE, also 90.5 FM PITTSBURGH
by Duane 08 Feb '12

08 Feb '12

Tales from the Shale Filmmaker Kirsi Jansa is taking a video camera into the heart of the controversies concerning Marcellus Shale. In her 5th installment, GASP's Legal Director, Joe Osborne, discusses air pollution from the shale industry, and resident Pam Judy explains what it's like living near a compressor station. Gas Rush Stories, part 5: A Neighbor The conversation continues this Friday on Essential Pittsburgh, a new radio program on 90.5 FM Essential Public Radio. GASP is honored to be a guest on this initial program, sharing the spotlight with Kathryn Klaber of the Marcellus Shale Coalition. We'll be talking all things shale, so please tune in this Friday, February 10, from 12-1 PM, and call the show with your questions and comments. Duane Nichols, Cell- 304-216-5535.

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Re: [MVCAC] Fwd: {GT} Fwd: Clean Air Cities
by Barbara Howe 26 Jan '12

26 Jan '12

I would support the resolution and like Jim's comments, but I would suggest that it be residents of the City of Morgantown who make the arguments to city council and be clear that they are city residents, as they are the voters who will decide if council members who vote against this should remain on council. Barb >>> Duane 01/23/12 7:42 PM >>> From: "James Kotcon" <James.Kotcon(a)mail.wvu.edu> Date: January 23, 2012 7:33:47 PM EST To: "Chris Haddox" <Chris.Haddox(a)mail.wvu.edu>, morgantowngreenteam(a)googlegroups.com Subject: Re: {GT} Fwd: Clean Air Cities On the one hand, the "ask" for this resolution is pretty simple and includes no direct cost to the City. It simply states that the City Council urges EPA to use the Clean Air Act to reduce greenhouse gases. As such, the resolution can be fulfilled with a 44-cent stamp, a phone call, or even with a single e-mail message. On the other hand, advocating for a 350-ppm CO2 level will be controversial, even with weasel-wording like "do our part" to achieve that level. The emphasis on endangered species might be important to the Center for Biological Diversity (and to me), but that is not the argument I would use to sway City Council. I suggest that we need to describe ancillary benefits such as the direct health benefits from controlling other air pollutants that would come as part of efforts to achieve this goal. With reductions in greenhouse gases will also come reductions in fine particulates, ozone, mercury and other pollutants, and that will generate immediate health benefits for Morgantown residents, as opposed to some long-term global reduction in climate change. I support the resolution, but I suspect it will not pass without active support from the environmental community. What next? Jim Kotcon

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Study Finds Mercury in More Northeastern Bird Species - NYTimes.com
by Duane 24 Jan '12

24 Jan '12

http://www.nytimes.com/2012/01/24/science/study-finds-mercury-in-more-north… MERCURY'S HARMFUL REACH HAS GROWN, STUDY SHOWS Duane Nichols, Cell- 304-216-5535.

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Fwd: {GT} Fwd: Clean Air Cities
by Duane 23 Jan '12

23 Jan '12

> From: "James Kotcon" <James.Kotcon(a)mail.wvu.edu> > Date: January 23, 2012 7:33:47 PM EST > To: "Chris Haddox" <Chris.Haddox(a)mail.wvu.edu>, morgantowngreenteam(a)googlegroups.com > Subject: Re: {GT} Fwd: Clean Air Cities > > On the one hand, the "ask" for this resolution is pretty simple and includes no direct cost to the City. It simply states that the City Council urges EPA to use the Clean Air Act to reduce greenhouse gases. As such, the resolution can be fulfilled with a 44-cent stamp, a phone call, or even with a single e-mail message. > > On the other hand, advocating for a 350-ppm CO2 level will be controversial, even with weasel-wording like "do our part" to achieve that level. The emphasis on endangered species might be important to the Center for Biological Diversity (and to me), but that is not the argument I would use to sway City Council. I suggest that we need to describe ancillary benefits such as the direct health benefits from controlling other air pollutants that would come as part of efforts to achieve this goal. With reductions in greenhouse gases will also come reductions in fine particulates, ozone, mercury and other pollutants, and that will generate immediate health benefits for Morgantown residents, as opposed to some long-term global reduction in climate change. > > I support the resolution, but I suspect it will not pass without active support from the environmental community. > > What next? > > Jim Kotcon >

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Fwd: {GT} Fwd: Clean Air Cities
by Duane 23 Jan '12

23 Jan '12

P.S. LET ME PROPOSE THAT M.V.C.A.C. GO ON RECORD IN SUPPORT OF THE CLEAN AIR CITIES CAMPAIGN. DUANE > From: "Chris Haddox" <Chris.Haddox(a)mail.wvu.edu> > Date: January 23, 2012 3:26:02 PM EST > To: morgantowngreenteam(a)googlegroups.com > Subject: {GT} Fwd: Clean Air Cities > > Hi MMGT folks, > > I just got word from the Clean Air Cities person that contacted me saying that Council is going to discuss the attached resolution at it's Feb 7 meeting. > > Thoughts? > > Chris > > J. Chris Haddox, LEED AP, > Visiting Assistant Professor, Sustainable Design > Division of Design & Merchandising > West Virginia University > 704M Allen Hall Box 6124 > Morgantown, WV 26505 > > E-Mail: chris.haddox(a)mail.wvu.edu > Phone: (304) 293-3657 > Program Website: http://www.design.wvu.edu > > > >>> "Sarah Sawtelle" <ssawtelle(a)endangeredearth.org> 1/18/2012 5:44 PM >>> > Dear Mr. Haddox, > > I am writing to you with hopes that the Morgantown Green Team will > encourage the city of Morgantown to join the Center for Biological > Diversity’s Clean Air Cities campaign by passing a resolution in support > of the Clean Air Act. Could you please pass this message on to the rest of > the Green Team, and consider proposing this resolution to your city > council? > > As you know, if we want clean air and a healthy climate, we have to cut > greenhouse gas pollution. The Clean Air Act is our current best hope of > reaching this goal, but the Act and the Environmental Protection Agency > are under significant attack from the fossil fuel industry and its allies > in Congress. Cities and counties across the country can be a powerful > voice for fighting back against polluters and prompting much-needed action > in Washington. > > That's why the Center for Biological Diversity’s Climate Law Institute > has launched Clean Air Cities, a nationwide campaign urging cities and > counties around the United States to pass a resolution that calls on the > Obama administration and the EPA to use the Clean Air Act to make > significant reductions in greenhouse gas pollution. Boone, NC, Pittsburgh, > PA and Seattle, WA are among the cities that have already signed on. > Morgantown's commitment to sustainability suggests it would be a great > candidate to be to be the first city in West Virginia to be a Clean Air > city. > > I have attached a sample city resolution that you can look over and edit > as needed. Please let me know if you are interested in bringing this > resolution to your council, or if you have any questions about the > campaign. > > Our webpage, CleanAirCities.org, also provides important background > information. > > Please respond to Rose Braz, the Center’s Climate Campaign director, who > is coordinating this effort and can be reached by email, > rbraz(a)biologicaldiversity.org, or phone: (415) 436-9682 x 319. > > Thank you so much for your time and concern for our climate! > > Sincerely, > Sarah Sawtelle > The Center for Biological Diversity

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GISS Surface Temperature Analysis
by Duane 20 Jan '12

20 Jan '12

http://www.columbia.edu/~jeh1/mailings/2012/20120119_Temperature.pdf Summary: EARTH SURFACE TEMPERATURE ANALYSIS, James Hansen, et al. 2011 was only the ninth warmest year in the GISS analysis of global temperature change, yet nine of the ten warmest years in the instrumental record (since 1880) have occurred in the 21st century. The past year has been cooled by a moderately strong La Nina. The 5-year (60-month) running mean global temperature hints at a slowdown in the global warming rate during the past few years. However, the cool La Nina phase of the cyclically variable Southern Oscillation of tropical temperatures has been dominant in the past three years, and the deepest solar minimum in the period of satellite data occurred over the past half dozen years. We conclude that the slowdown of warming is likely to prove illusory, with more rapid warming appearing over the next few years. Duane Nichols, Cell- 304-216-5535.

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InsideEPA.com: Keystone XL Project
by Duane 19 Jan '12

19 Jan '12

Obama's Keystone Denial Leaves Open Final Decision On GHG NEPA Guide Posted: January 18, 2012 The Obama administration's denial of a permit for the Keystone tar sands pipeline appears to have removed a high profile pressure point for administration to fully account for greenhouse gas emissions (GHG) under the National Environmental Policy Act (NEPA) -- an issue on which the administration has yet to finalize pending draft guidance. But environmentalists and others are suggesting that if the project is re-proposed for review in the future, as its backers have indicated they are likely to do, it could be subject to a more rigorous assessment of its GHG impacts. "A decision on the pipeline proposal requires nothing less than a thorough and fair-minded analysis of its full effects on our environment and climate,” Natural Resources Defense Council (NRDC) President Frances Beinecke said in a statement. At the same time, the administration's decision to delay the controversial pipeline is reigniting political debate on the project, which the oil industry and many lawmakers are vowing to keep front and center as an election year issue. Ending months of speculation, President Obama in a Jan. 18 memo announced his agreement with a State Department recommendation to deny a presidential permit for the project. Obama said that the project, "as presented and analyzed at this time, does not serve the national interest." Obama cast the decision as an inevitable outcome after the department late last year said a 60-day deadline Congress set for the decision in December payroll tax legislation did not allow enough time to adequately assess the project. Congress approved the language after State said in November that review of the environmental implications of the project, particularly of a possible alternate route through Nebraska, would take until at least early 2013. The White House stopped just short of an outright rejection of the project, stating that the decision does not preclude subsequent permit applications or applications for similar projects. However, in a Jan. 18 State Department press briefing on the decision, Assistant Secretary Dr. Kerri-Ann Jones told reporters any subsequent application would "trigger a completely new review process." The statement came in response to a query on plans by TransCanada, the backer of the project, to reapply and seek expedited review. Jones said, "we cannot state that anything would be expedited at this time.” She acknowledged that current guidelines allow use of existing information as part of that process but "we would have to look at this as a completely new application." NRDC's Beinecke welcomed the administration's decision but indicated that any new application and review would still face the same opposition as the most recent review. Those objections by NRDC and others have included claims that prior environmental review by State failure to adequately account for the GHG emissions from the project, and the Obama administration has yet to finalize crucial guidance for assessing GHG emissions under NEPA. More Thorough GHG Review In mid-2011, when the department still appeared on course to approve the pipeline, EPA and environmentalists raised concerns that a decision to approve the project would ignore a then-pending draft guidance that would require agencies to conduct more thorough GHG reviews and, as required by NEPA, mitigate any environmental harms. They surmised at the time that the guidance would be shelved at least until after the 2012 campaign season. Building on that draft guidance, the White House Council on Environmental Quality in mid 2011 also floated a method for agencies to use in assessing the GHG impacts of projects on federal lands, a policy particularly relevant to environmentalists concerns about GHG implications of energy leases or other resource development on federal lands. Obama administration officials have suggested that they ultimately want to wrap both guidance documents together in one final document. That effort, however, remains pending as of the Obama administration's Keystone announcement, at a time when every GHG related effort from the White House faces white hot election year scrutiny. Meanwhile, Obama's decision sparked a firestorm of reaction both on and off Capitol Hill, with GOP lawmakers characterizing the decision as a political dodge to please environmentalists while Democrats offered more mixed reactions. Sen. Mike Johanns (R-NE) called the move by Obama "pure politics aimed at not riling up his base during an election year." But Rep. Henry Waxman (D-CA), the ranking Democrat of the House Energy and Commerce Committee who has been urging the administration to rigorously assess the project's GHG impacts, embraced the decision as rejection of a "lose-lose proposition for energy security, gas prices, a safe climate, and a healthy environment." Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-NM) said the decision given the congressional deadline should have been no surprise, but expressed hope in a statement that the project could be revived and considered on the merits. Oil industry reaction was harsh, with American Petroleum Institute President Jack Gerard in a Jan.18 teleconference describing the decision as "genuflection to a handful of extreme elements" who opposed the project. Gerard said the industry would pursue both legislative and legal avenues to counter the move and predicted political consequences not just for Obama but for House and Senate races in the 2012 elections. --Doug Obey (dobey(a)iwpnews.com) >>>>>>>>>>>>>>>>>>>>>>>>>>>.............................<<<<<<<<<<<<<<<<<<<<<<<< See also the memo "Silence is Deadly" by James Hansen of NASA and Columbia University: http://www.columbia.edu/~jeh1/mailings/2011/20110603_SilenceIsDeadly.pdf

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Crossroads for Morgantown Pedestrian & Bicycle Safety- public health issue
by Duane 13 Jan '12

13 Jan '12

> From: "Reger-Nash, Bill" <wreger(a)hsc.wvu.edu> > Date: January 13, 2012 1:05:08 PM EST > > Subject: Crossroads for Morgantown ..... > Pedestrian and Bicycle Safety -- public health issue > > Students, faculty, staff, and friends of public health: > > We are at a crossroads for transportation and public health. The Morgantown area traffic congestion continues to increase, our air quality is borderline non compliant, and walking/bicycling are not always safe or easy. > > There are critical upcoming meetings concerning walking and bicycle safety for the Morgantown area. The community needs to make walking and bicycle safety a priority because of the public health implications. An extra 15 minutes of daily physical activity for a year represents approximately 5 lbs of fat burned for the average American adult. Let’s do what we can to make our community less car dependent for the long term. We will all breathe easier, enjoy better health, and have more prosperity. > > 1) MILE GROUND PEDESTRIAN AND BICYCLE SAFETY: Jan 24th 4-7 pm Easton Elementary School cafeteria – West Virginia Department of Highways presentation of preferred redesign of our infamous Mile Ground. My understanding is that their preferred alternative is NOT friendly to bicycles and pedestrians. PLEASE attend and express your concerns. > > 2) REGIONAL LONG RANGE TRANSPORTATION PLAN: Jan 25th 7-9 pm South Middle School & Jan 26th 7-9 North Elementary School. These are opportunities for community input on the long-range transportation plan (LRTP). I have attached a two-page flyer. You can also visit http://www.crossroadsmon.com/. This is CRITICAL. WHY? As I've come to learn, all transportation projects using FEDERAL dollars must be approved by the local Metropolitan Planning Organization (MPO). This is our chance to help make the Morgantown and Mon County environment more pedestrian and bicycle friendly, and less car dependent. As a community, we can place emphasis on pedestrian and bicycle projects in the long range plan. If we succeed, then all projects should be completed in accordance with our wishes. With the support of the Greater Morgantown MPO, we have conducted preliminary pedestrian and bicycle counts and have begun to develop a data base to identify critical areas. Mr. Bill Austin, the executive director of the MPO, is a great ally to our efforts. He needs our support at these meetings. > > Let me know if you have any questions. > > Bill Reger-Nash, EdD > West Virginia University Department of Community Medicine > One Medical Center Drive, Suite 3812E > Morgantown, WV 26506-9190 > > Office Phone: 304-293-0763 > Cell Phone: 304-685-6740 > > Departmental webpage: www.hsc.wvu.edu/cmed > Bill Reger-Nash webpage: www.hsc.wvu.edu/cmed/wreger/index.asp > > Wheeling Walks > Walk 30 to 60 minutes daily. > Out the door for 30 or more! gn2001 > >

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U.S. EPA PROVIDES GREAT VALUE TO OUR SOCIETY <2012>
by Duane 12 Jan '12

12 Jan '12

EPA ANNOUNCES HISTORIC RULING TO CURB MERCURY AND OTHER POLLUTANTS FROM COAL-FIRED POWER PLANTS On Dec. 21, EPA issued the first national standards to slash emissions of dangerous air pollutants (including mercury) from coal-fired power plants. EPA estimates that the new safeguards will not only decrease plant emissions of dangerous air pollutants, but will prevent premature deaths, heart attacks, and respiratory illnesses, reduce exposure to cancer causing toxins, make fish safer to eat, and provide jobs. For more information, go to http://www.epa.gov/mats/. EPA FINALIZES 2012 RENEWABLE FUEL STANDARDS On Dec. 27, EPA announced it has finalized the Renewable Fuel Standard Program's requirements to reduce 2012 greenhouse gas emissions by increasing the use of renewable fuels, blending more than 1.25 billion gallons of renewable fuels over the amount mandated for 2011. This will help reduce petroleum imports and encourage the development and expansion of the nation's renewable fuels sector. For more information on the standards and regulations, go to http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm. EPA RECOGNIZES JANUARY AS NATIONAL RADON ACTION MONTH Radon is a natural, radioactive gas that can seep into homes from underground and accumulate to levels that can cause lung cancer. As part of National Radon Action Month, EPA suggests Americans take the simple and affordable preventive steps to test their homes from harmful levels of radon gas, and when building a new home, use the safer radon-resistant construction techniques available. For more information on how to test, fix, and obtain a test kit, contact your state radon office: http://www.epa.gov/radon or call 1-800-SOS-RADON. EPA RELEASES 2010 TOXICS RELEASE INVENTORY NATIONAL ANALYSIS MAKING DATA MORE RELEVANT On Jan. 5, EPA released its 2010 national analysis on the Toxics Release Inventory (TRI) report providing vital public information to the public about their communities. The TRI program publishes information on toxic chemical disposals and other releases into air, land and water, as well as waste management and pollution-prevention activities. EPA's web-based TRI tools greatly facilitate access to information, and myRTK, a new mobile application for accessing TRI data, is now available in Spanish. For more on the 2010 TRI analysis and TRI Web-based tools, go to http://www.epa.gov/tri. Duane Nichols, Mon Valley Clean Air Coalition, P. O. Box 4679, Morgantown, WV 26504

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U. S. White House has new Chief of Staff, namely, Jack Lew
by Duane 11 Jan '12

11 Jan '12

Greens say ‘good riddance’ to Daley By Ben Geman - 01/09/12 05:26 PM ET Don’t look for many environmentalists to mourn the resignation of White House Chief of Staff Bill Daley, who was scorned by some activists for presiding over the controversial decision last year toscuttle tougher Environmental Protection Agency smog rules. Critics on the left say Daley, who will be replaced by Office of Management and Budget chief Jack Lew, was too close to business interests. “While Lew's environmental ethic remains to be seen, it's hard to see how he could be worse than Daley, who seemed to do whatever big business asked of him,” said Bill Snape, senior counsel with the Center for Biological Diversity. Frank O’Donnell of Clean Air Watch concurred. “I say good riddance, with hopes that EPA will be permitted to do its job without Daley-style political interference on behalf of big business,” O’Donnell said. The White House decision to overrule EPA in September came after Daleyplayed an unusually direct role in the process, meeting with a suite of industry groups and environmentalists about the planned ozone regulation. More broadly,_______________________________________________ Justice mailing list Justice(a)lists.citizenscoalcouncil.org http://lists.citizenscoalcouncil.org/listinfo.cgi/justice-citizenscoalcounc… Duane Nichols, Cell- 304-216-5535.

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First Reserve, CalPERS to acquire natural gas-fired power, transmission portfolio
by Duane 22 Dec '11

22 Dec '11

http://www.pennenergy.com/index/power/display/0466805970/articles/pennenerg… Longview could be switched to natural gas, should have been, would have been, or cancelled to save two billion dollars. Duane Nichols, Cell- 304-216-5535.

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Fw: disclosure of fracking chemicals chemicals in CO
by Peggy Filios 20 Dec '11

20 Dec '11

There was an newswire AP article in a Denver paper last week stating that Colorado regulators will require energy companies to disclose the concentrations of all chemicals in hydraulic fracturing and also ask drillers to make public some information about ingredients considered trade secrets. The regulation take effect this April. Sorry but I don't know the newspaper. The Byline is by P. Solomon Banda. Peggy

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PROPOSAL: MVCAC still supports Morgantown City ban
by Duane330＠aol.com 15 Dec '11

15 Dec '11

MESSAGE FROM DON SPENCER, FORMER MEMBER OF CITY COUNCIL: I just want to mention that the City Council is apparently planning to place on Tuesday's agenda (12/20) the reconsideration/removal the municipal ban on horizontal drilling/fracking. Ron Bane motioned that the item be removed from the table at the last meeting. The motion passed 4-3 (Bane, Manilla, Nugent, Herbst vs. Byrne, Shamberger, Selin). Obviously with so many issues still up in the air with the approved industry-compliant Governor's Bill (and with State Code 8-12-19 still on the books even with Judge Tucker's unfortunate decision), it would be damaging to have Morgantown desert the legal struggle and the representative support for the concerns of its citizens. Several legislators are still planning to work to amend the action during the regular session beginning in January. Morgantown needs to be seen as part of the support for amendments rather than being also willing to cave in to the pressures of the industry at the expense of air quality, well water restrictions, water withdrawals, and provisions to allow the DEP to deny permits near water supplies, municipalities and densely populated areas - all items, plus still others, that were in the Special Committee Bill that were compromised/removed in the Governor's Bill. I do hope that we can mobilize a good attendance and representation of concerned citizens to speak at the public session of the December 20 meeting. The meeting begins at 7:30 p.m. I plan to speak too. What we do together can also have an impact on our media, our delegation and others who may support us in the regular session. I hope that you can notify people on your mailing lists about this meeting. Hope to see you Tuesday. Don Spencer (_dspencer36(a)comcast.net_ (mailto:dspencer36@comcast.net) ) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> To: Participants and Friends of MVCAC..... Given that there is benefit from retaining the Ban in Morgantown, in spite of the Circuit Court ruling against it; And, given that the two Marcellus wells at the Morgantown Industrial Park are scheduled to be flared this coming week, a process that could last from three days to three weeks and produce substantial pollution; It is herewith proposed that MVCAC continue our position of being in favor of the Ban. Please let me know if you object. Duane Nichols, _duane330(a)aol.com_ (mailto:duane330@aol.com)

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Action on Marcellus Framework in Charleston, WV
by Duane330＠aol.com 11 Dec '11

11 Dec '11

QUICK OVERVIEW: SUNDAY: The House and Senate will convene Sunday at 5pm to begin the special Session on Marcellus shale drilling regulation. Tonight at the opening of the session, in the House the bill was read and single referenced to Judiciary Committee which will meet at 9am Tuesday. In the Senate, the bill was NOT read, but simply announced (puzzling...usually done when they're trying to kill a bill), and double referenced to Judiciary and Finance Committees. Senate Judiciary will meet at 9am tomorrow, Monday. MONDAY: THIS IS WHEN WE NEED THE NUMBERS!!! YOU DON’T HAVE TO DO OR SAY ANYTHING – JUST SHOW UP 12 noon, we will hold a press conference in the Lower Rotunda 4:30pm House of Delegates will hold a public hearing in the House Chamber THE GAS INDUSTRY IS HOLDING A RALLY AND THERE WILL BE PRO- DRILLING “CITIZENS” THERE IN MATCHING T-SHIRTS. TUESDAY: The bill will be taken up by House Judiciary. DETAILS AND DIRECTIONS: A few things about our capitol for newcomers………. Directions: The Capitol is in the East End of Charleston, off of I-64, take the Airport/Capitol/Greenbrier St. exit 99. Parking: Rarely available on capitol grounds, fair luck on side streets, but there is a public parking lot next to nearby Laidley Field with a shuttle bus to the capitol building. Ground level entrances to the capitol will lead you to our meeting area under the dome at the Information Desk. With few exceptions, all areas of the capitol building are freely open to the public. We can guide you to offices of your officials and provide with talking points. Dressing appropriately and being courteous and friendly goes a long way toward overcoming indifference and resistance from the lawmakers Here are contact numbers for you if needed. Chuck Wyrostok – Sierra Club 304 545 6325 Carol Warren – Ohio Valley Environmental Coalition OVEC 304 539 2240 Julie Archer – WV Surface Owners Right Organization SORO 304 610 9094 Denise Poole WV Environmental Council 304 617 7073 BACKGROUND: Following three years of deliberation and after months of labor by the Joint Select Committee, Governor Tomblin took a knife to their “agreed upon” bill, hacking out vital parts like an apprentice butcher. Here’s what we know so far: Some of the things the governor’s bill would do: Allow pits to be buried on site Eliminate the provision that allowed for DEP to call a public hearing on a drilling permit application. It looks like they also eliminated the public (publication) notice and comment. Reduce the distance from a water well for required testing 2,500' to 1,500 feet Make the landowner go to court to get water replacement and there is a now definition of "water purveyor" that may limit who gets notice. Eliminate the legal notice to adjacent landowners Reduce some of the buffer zones for rivers, streams, wetlands, etc. Eliminate the "special conditions" amendment Remove the amendment regulating air quality Remove the traditional power of local government to regulate zoning and land development of gas activities as well as other aspects, such as the time and the place of operations to protect health, safety and welfare of the general public through local ordinances and enactments. SUNDAY: The House and Senate will initially convene a Special Session Sunday at 5:00 PM. The bill will be read a first time and then referred to committees. Environmental lobbyists will be there to monitor this. No voting on this can take place until it’s in the committee rooms and then back out into the Senate and House. MONDAY: 12 noon, we will hold a press conference in the Lower Rotunda (ground floor under the dome). Citizen groups and landowners who know from personal experience about their own small private hell will speak. If you have experienced drilling travesties and can be there, please contact me at _outreach(a)marcellus-wv.com_ (mailto:outreach@marcellus-wv.com) and plan to arrive by 11:30am. Earlier arrivals can meet us there to plan action for the day. Environmental lobbyists from several organizations will be there to meet, greet and guide you. MONDAY 4:30pm House of Delegates will hold a public hearing in the House Chamber. Anyone can sign up to speak. Get there early to sign up. The gas industry will rally their people at a nearby church between 2:30 & 3pm. They will show up at the public hearing all wearing the same color t-shirts. Their message will be to support the industry -- no particular position on the bill. TUESDAY: The bill will be taken up by House Judiciary. It will be crucial to have a large presence there to make our needs known to our Delegates and Senators and press them to pass strong rules in spite of the Governor’s betrayal of the people. If you only do one thing against this blatant industrialization of our hills, please make this the one. This is a pivotal point in this campaign and we need to throw everything we've got at preventing them from passing an empty bill and calling it "fixed". They are all accountable and we will call for a moratorium on further permits unless we get the elements into law that are nothing more than our human rights. If you cannot be there, you can play a powerful role by _calling or emailing your Delegate and Senators._ (http://www.legis.state.wv.us/Districts/district_zip/zipmems.cfm) Tell them you are a constituent in their district. They must thoroughly understand our determination to secure our rights for a safe supply of water and air and for preservation of our rights as landowners. How forcefully citizens make their legislators carry out their sworn constitutional duties will determine what kind of future we will have here in West Virginia. The bill and a bill summary are posted online: 10 page summary of bill at: _http://www.governor.wv.gov/newsroom/pressreleases/Documents/Governor%27s%20 Summary_Horizontal%20Well%20Act.pdf_ (http://www.governor.wv.gov/newsroom/pressreleases/Documents/Governor's%20Summary_Horizontal%20Well%20Act.pdf) Complete 99 page bill at _http://www.legis.state.wv.us/Bulletin_Board/Proclamation/2011/Governor%27s_Marcellus_Shale_Bill.pdf_ (http://www.legis.state.wv.us/Bulletin_Board/Proclamation/2011/Governor's_Marcellus_Shale_Bill.pdf) It is citizen pressure that caused the calling of this Special Session and it will be citizen pressure that will ensure passage of a strong Marcellus bill. Chuck Wyrostok, Sierra Club Outreach Organizer Toll free 877 252 0257, E: _outreach(a)marcellus-wv.com_ (mailto:outreach@marcellus-wv.com) , _www.marcellus-wv.com_ (http://www.marcellus-wv.com) See also: _www.frackcheckwv.net_ (http://www.frackcheckwv.net)

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Pennsylvania DEP Doing Study on Air Emissions from Marcellus Operations
by Duane 08 Dec '11

08 Dec '11

DEP seeks companies' emissions data Thursday, December 08, 2011 By Don Hopey, Pittsburgh Post-Gazette Pennsylvania has asked 99 Marcellus Shale gas drilling and development companies to submit air pollution emissions information that will be used in a comprehensive three-year state inventory of air pollutants required by the U.S. Environmental Protection Agency. The companies must submit their reports to the state Department of Environmental Protection by March, which in turn will give them to the EPA by the end of the year. The 2012 data to the EPA will be the first to include an inventory of emissions from Marcellus Shale drilling, production and processing activities. The DEP said the operators must submit emissions data for carbon monoxide, nitrogen oxides, airborne particles or soot, sulfur dioxide, volatile organic compounds and total hazardous air pollutants. The department notified the companies this week of the pollution inventory requirement, which covers companies involved in all phases of shale gas drilling, production, transmission, processing and related activities, and should include releases from drill rigs, compressor stations and dehydration units, and emissions from connectors; flanges; pump lines; pump seals and valves; heaters; pneumatic controllers and pumps; stationary engines; tanks; pressurized vessels and impoundments; venting and blow down systems; well heads; and well completions. It's unclear if all companies working in the shale gas field have been collecting emissions data for all of those pollutants at all of those locations throughout the year. Katy Gresh, a DEP spokeswoman, said Marcellus Shale companies are "required to meet their permit limits, which requires measuring and tracking emissions." Matt Pitzarella, a Range Resources spokesman, said the drilling company knows the emissions potential of diesel engines it uses in drilling processes and does routine air monitoring. Michael Krancer, DEP secretary, said the emission inventory, which is submitted to the EPA every three years, is an important tool to use to ensure the maintenance of air quality and prevent deterioration. Don Hopey: dhopey(a)post-gazette.com or 412-263-1983. First published on December 8, 2011 at 12:00 am Duane Nichols, Cell- 304-216-5535.

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Fwd: DEP Public Notice - County - Monongalia - Notice of Intent to Approve Pe...
by Duane330＠aol.com 23 Nov '11

23 Nov '11

Air pollution sources continue to accumulate in northern WV and SW PA. Sent: 11/22/2011 3:23:21 P.M. Eastern Standard Time Subj: DEP Public Notice - County - Monongalia - Notice of Intent to Approve Permit R13-2897 for Equitrans Limited Partnership's Blacksville Station =========================================================== Tuesday, November 22, 2011 @ 3:23 PM =========================================================== AIR QUALITY PERMIT NOTICE Notice of Intent to Approve On September 12, 2011, Equitrans Limited Partnership applied to the WV Department of Environmental Protection, Division of Air Quality (DAQ) for a permit to Construct a natural gas gas transmission compressor station facility located off of State Route 7, Blacksville, Monongalia County, WV. A preliminary evaluation has determined that all State and Federal air quality requirements will be met by the proposed facility. The DAQ is providing notice to the public of its preliminary determination to issue the permit as R13-2897. The following potential emissions will be authorized by this permit action: Particulate Matter, 7.04 TPY; Sulfur Dioxide, 0.41 TPY; Oxides of Nitrogen, 91.84 TPY; Carbon Monoxide, 37.52 TPY; Volatile Organic Compounds, 69.89 TPY; Formaldehyde 8.08 TPY. Written comments or requests for a public meeting must be received by the DAQ before 5:00 p.m. on Thursday, December 29, 2011. A public meeting may be held if the Director of the DAQ determines that significant public interest has been expressed, in writing, or when the Director deems it appropriate. The purpose of the DAQ's permitting process is to make a preliminary determination if the proposed Construction will meet all State and Federal air quality requirements. The purpose of the public review process is to accept public comments on air quality issues relevant to this determination. Only written comments received at the address noted below within the specified time frame, or comments presented orally at a scheduled public meeting, will be considered prior to final action on the permit. All such comments will become part of the public record. David Keatley WV Department of Environmental Protection Division of Air Quality 601 57th Street, SE Charleston, WV 25304 Telephone: 304/926-0499, ext. 1224 FAX: 304/926-0478 Additional information, including copies of the draft permit, application and all other supporting materials relevant to the permit decision may be obtained by contacting the engineer listed above. The draft permit and engineering evaluation can be downloaded at: www.dep.wv.gov/daq/Pages/NSR2011PermitsforReview.aspx

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Fw: ATSDR Public Health consultation: natural gas extraction activities - PA
by Peggy Filios 14 Nov '11

14 Nov '11

ATSDR Public Health Consultation Community Concerns Regarding Natural Gas Extraction Activities ATSDR investigated the water quality of seven residential wells surrounding the Chesapeake ATGAS 2H natural gas well site in Leroy Township, Bradford County, PA, at the request of the U. S. Environmental Protection Agency (EPA) following a well blowout. ATSDR found that several wells had elevated levels of salts and other chemicals, according to a report. While it is unclear how the wells were contaminated, the available data suggest to ATSDR that one well was impacted by natural gas activities. The data from the other six wells did not suggest impact from natural gas activities. To read the public health consultation, please visit: http://www.atsdr.cdc.gov/HAC/pha/ChesapeakeATGASWellSite/ChesapeakeATGASWel… The full press release may be viewed at: http://www.atsdr.cdc.gov/news/displaynews.asp?PRid=2519

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FW: GASP Has Moved!
by Duane Nichols 07 Nov '11

07 Nov '11

Dear participants and Friends, Duane Nichols has forwarded this email to you with the following message: Subscribe me! http://ui.constantcontact.com/d.jsp?p=oo&m=1102402694952&ea=mvcac%40cheat.o… ----------------------------------------------------------- Please Note: You have NOT been added to any email lists. If you no longer wish to receive these messages, please contact duane330(a)aol.com. ----------------------------------------------------------- Trouble viewing this email? www.gasp-pgh.org http://campaign.r20.constantcontact.com/render?llr=izlefwcab&v=0016rCg-GFQu… GASPalerts Action and News from Group Against Smog and Pollution IN THIS ISSUE GASP Moves to New Office ALCOSAN Public Hearing Allegheny River Green Boulevard ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Find us on Facebook [http://r20.rs6.net/tn.jsp?llr=izlefwcab&t=xkpd4miab.0.qhfholeab.izlefwcab.0…] Follow us on Twitter [http://r20.rs6.net/tn.jsp?llr=izlefwcab&t=xkpd4miab.0.5ug998dab.izlefwcab.0…] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ JOIN OUR LIST Join Our Mailing List [http://visitor.constantcontact.com/email.jsp?m=1102402694952] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ November 7, 2011 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ GASP Jumps to Penn Avenue It's official. The phones, internet, and heat work. The paint has dried. The files have been unpacked (or recycled, more likely). GASP's move to our new office is complete! We loved our old location at the Wightman School building in Squirrel Hill, but GASP is growing, and there was simply no more room to be had there. Thanks to everyone there who made our time enjoyable. It was tough to leave the charming, late 1800's schoolhouse that was LEED certified, but we're very excited to have our current space. Our new address is 5135 Penn Avenue, Pittsburgh, 15224. Our phone number has changed as well, to (412) 924-0604. Stop by anytime and check out the new place! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ALCOASN Needs to Know: Think Green When Thinking Blue Coming soon to a city near you: a massive, multi-billion dollar effort to get our waterways in compliance with federal standards. Hear ALCOSAN's proposals to reduce sewer overflows, and then let them know what you think. Will green infrastructure be a part of the proposals? How big a part? What's the cost of all this? More details on the event can be found here [http://r20.rs6.net/tn.jsp?llr=izlefwcab&t=xkpd4miab.0.c5abaniab.izlefwcab.0…]. The Clean Rivers Campaign [http://r20.rs6.net/tn.jsp?llr=izlefwcab&t=xkpd4miab.0.d5abaniab.izlefwcab.0…], a project of Pittsburgh United, Clean Water Action, and many others, hopes you'll join them in learning about ALCOSAN's proposals and asking ALCOSAN to consider green options. (Learn more about managing wet weather with green infrastructure here [http://r20.rs6.net/tn.jsp?llr=izlefwcab&t=xkpd4miab.0.e5abaniab.izlefwcab.0…].) ALCOSAN Town Hall Meeting Wednesday, November 9, 5:30-7:30 PM IBEW #5 Circuit Centre & Ballroom 5 Hot Metal Street Pittsburgh, PA 15203 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Allegheny Riverfront Green Boulevard Continuing the green and blue theme is the first public meeting on the big changes planned for the Allegheny riverfront running along the edge of Pittsburgh's Lawrenceville neighborhood. A multi-use rail corridor? Check. Kayak and boat access? Yep. Parks and open space? You bet. All of this and more will be covered at the event. Learn more here [http://r20.rs6.net/tn.jsp?llr=izlefwcab&t=xkpd4miab.0.f5abaniab.izlefwcab.0…]. Allegheny Riverfront Green Boulevard Public Meeting Thursday, November 17, 6-8 PM Society for Contemporary Craft 2100 Smallman Street Pittsburgh, PA 15222 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ We appreciate your participation on the GASPalerts email list. Together, we can make a difference in our region's environment. We won't trade or sell your address with other organizations or inundate you with mailings. Thank you! ----------------------------------------------------------- This email was forwarded to mvcac(a)cheat.org, by Duane Nichols. Privacy Policy http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp Email Marketing by Constant Contact(R) www.constantcontact.com

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Presentation to Morgantown City Council (10/25/11)
by Duane330＠aol.com 25 Oct '11

25 Oct '11

MON VALLEY CLEAN AIR COALITION, October 25, 2011. The US EPA performed limited air monitoring at the Skyview Elementary School on three separate days. Such monitoring is unlikely to identify emissions from "upsets" or fracking events and other activities that occur commonly during Marcellus well operations.The EPA monitoring is a step in the right direction but it is neither sufficient nor conclusive enough to remove community concerns. MVCAC is an advocate for prohibiting drilling and fracking in the Mon Valley. We also advocate continuous air monitoring and testing if drilling and fracking do occur. We now advocate the following conditions: 1. Skyview Elementary and two other schools are within about 6,000 feet of the well pad. Closer still are thirty or so businesses that are within 200 feet to 3,000 feet from the well pad. Continuous monitoring should be in place for all three schools and for these business locations. 2. We recognize that the air pollution from Marcellus drilling and fracking operations occurs in rather rapid releases, and any human exposures at the well site, at the adjacent businesses, at the schools and at the residences in the Monongahela valley will be nearly impossible to measure without continuous monitors that are located near these sites. 3. Continuous methane (or combustible gas) monitoring is recommended near the well pad because methane is easy to detect, because it will be present in higher concentrations than the other pollutants, and because it serves as an indicator that many other hazardous or toxic substances are present. 4. Given that fracking was not completed on one of the wells at the Morgantown Industrial Park and given that much more work will be involved there before these two Marcellus wells are actually connected to gathering and transmission pipelines, it is recommended that continuous methane monitoring be established as soon as possible, with daily (or continuous) reporting of the data to the public, for the protection of all the residents and workers in the vicinity of the wells as well as in the greater Mon valley. 5. We are concerned about the future, not only of these two wells but of the many more wells that will be coming into our County without adequate protection for the public health and welfare. In summary, continuous emission monitoring is needed at the site, and ambient monitors at upwind and downwind locations are needed to verify that off-site concentrations do not cause health or environmental impacts. Appropriate control technology is available to significantly reduce emissions, and regulations in some states already require these. But until the WV Legislature passes a Marcellus bill with stringent air pollution requirements, until WV-DEP adopts rules to implement that legislation, and until the needed inspectors and enforcement programs are in place to assure compliance, the air in Monongalia County remains at risk, and no one is watching. City Council should retain the current ban and contact the Legislature and the Governor to support Marcellus regulations. Contacts: Duane Nichols and Linda Shuster, Board of Directors, Mon Valley Clean Air Coalition. Phone: 304-599-8040. _www.monvalleycleanair.org_ (http://www.monvalleycleanair.org) <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<....................................>>>>>>> >>>>>>>>>>>>>>>>>>

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<urgent> Air pollution monitoring at two MIP Marcellus wells
by Duane330＠aol.com 24 Oct '11

24 Oct '11

To: Participants and Friends of Mon Valley Clean Air Coalition. MVCAC is an advocate for prohibiting drilling and fracking in the Mon Valley. We have also advocated testing if drilling and fracking do occur. Now that drilling and fracking have occurred and EPA has done tests at the Skyview Elementary School, let me propose a current position for MVCAC. 1. MVCAC approves of the testing thus far and recognizes that the air was not impacted at the Skyview Elementary School on the three dates tested. 2. We recognize that this school is within about 6,000 feet of the well pad. We wonder why testing and protective measures against air pollution have not been performed at any of the thirty or so businesses that are within 200 feet to 3,000 feet from well pad. Has monitoring been offerred to any of these locations? We think not. 3. We recognize that the air pollution from Marcellus drilling and fracking operations occurs in rather rapid episodes, and any human exposures at the well site, at the adjacent businesses, at the schools and at the residences in the Monongahela valley will be nearly impossible to measure without continuous monitors that are located at these listed sites. 4. Continuous methane monitoring is recommended near the well pad because methane is easy to detect, because it will be present in higher concentrations than the other pollutants, and because it serves as an indicator that many other hazardous or toxic substances are present. 5. Given that fracking was not completed on one of the wells at the Morgantown Industrial Park and given that much more work will be involved there before these two Marcellus wells are actually connected to gathering and transmission pipelines, it is highly recommended that continuous methane monitoring be instituted as soon as possible, with daily (or continuous) reporting of the data to the public, for the protection of all the residents and workers in the vicinity of the wells as well as in the greater Mon valley. YOUR COMMENTS ARE SOLICITED ON THE ABOUT POINTS, TO BE PRESENTED TO THE MORGANTOWN CITY COUNCIL TOMORROW, TUESDAY, OCTOBER 25, 2011. WE CAN ALSO SUBMIT OUR STATEMENT, ONCE FINALIZED TO THE WV-DEP AND TO THE U.S. EPA, THE AGENCY THAT DID THE THREE TESTS (AT THE REQUEST OF THE WV-DEP). Duane Nichols, _duane330(a)aol.com_ (mailto:duane330@aol.com) , 304-216-5535

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Navajo power plant at Four Corners... $3 billion.
by Duane 22 Oct '11

22 Oct '11

Feds extend comment period on Navajo coal-fired power plant By Susan Montoya Bryan Albuquerque, New Mexico (AP) - The federal government has decided to give people another 30 days to review a massive document on the potential impacts of a proposed coal-fired power plant that the nation’s largest Indian reservation is looking to as its economic salvation. The $3 billion Desert Rock Energy Project would be capable of producing enough electricity for up to 1.5 million homes in cities across the Southwest while bringing in tens of millions of dollars each year in tax revenues, lease payments and royalties for the Navajo Nation. The Department of Interior made the decision to extend the comment period Friday, a day after criticism erupted when the agency’s Bureau of Indian Affairs issued a last call for comments on the plant’s draft environmental impact statement. Among the environmentalists and tribal members who had objected to the comment period ending Monday were Rep. John Salazar and his brother Sen. Ken Salazar, both Democrats from Colorado. While the plant would be located on tribal land in northwestern New Mexico, the lawmakers say it’s controversial among residents throughout the Four Corners region – where New Mexico, Arizona, Colorado and Utah meet. The Salazars said many residents did not receive a copy of the 1,600-page environmental impact statement until the comment period was half over. “The proposed Desert Rock plant is one that concerns many of my constituents,” John Salazar said in a statement Friday. “The possible impacts of the proposed plant to our air, water and health need to be fully understood. This extension will allow more time for the public to read and comment on this proposal.” Desert Rock, a joint venture between Houston-based Sithe Global Power and the Navajo Nation’s Dine Power Authority, would be the third coal-fired plant in the Four Corners. Opponents are concerned that it would only add to the pollution in the region, impacting both residents’ health and the environment. But Navajo leaders and Sithe have said Desert Rock would be one of the cleanest coal-burning plants in the country and a much-needed source of jobs and revenue for the tribe. George Hardeen, a spokesman for Navajo President Joe Shirley Jr., said the extension of the comment period was a compromise since many people had requested 60 more days during a series of public hearing held by the BIA last month. Hardeen said Desert Rock is important to the Navajo Nation, where unemployment is high and many people live without running water or electricity. “President Shirley still sees this as the keystone to reviving the Navajo economy,” Hardeen said Friday. One of the reasons Navajo leaders support the project is because of its stringent pollution controls, he said. “Many people say we need to keep our CO2 levels as low as possible. Clearly, we hear this message but we continue to need the plant,” he said, referring to the revenues it would bring the tribe over the next 40 to 50 years. “Opponents want no plant. Not lets make the cleanest plant possible, but no plant at all,” he said. “Nothing else would replace that as an economic generator.” Mike Eisenfeld of the San Juan Citizens Alliance, one of the groups that has been fighting Desert Rock, said the Navajos needs to look beyond their coal resources to renewable energy production. He said a study has been commissioned by the plant’s opponents to consider alternatives, and the longer comment period will allow for those findings to be submitted to the BIA. “We’re not only saying no to Desert Rock. But look, there are some alternatives for the Navajo Nation – things that would perhaps allow the Navajo Nation to be a model for what can be done on tribal land and secure themselves a solid economic future,” he said. Hardeen acknowledged the push for wind and solar generated power, but he said the amount of electricity those systems would be able to generate would be far less than Desert Rock, meaning less revenue for the tribe. “The wind doesn’t blow all the time and the sun shines only half of a 24-hour day,” he said. “The power plant will be producing energy and money every day." http://www.bendib.com/

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CORRECTED LINK TO STORY BY ....WBOY, Channel 12.
by Duane 14 Oct '11

14 Oct '11

WOOPS. I SENT OUT A FAULTY WEB SITE ABOUT THE MVCAC MEETING LAST NIGHT. TRY THIS ONE, WITH AN IMBEDDED VIDEO..... http://www.wboy.com/story.cfm?func=viewstory&storyid=110094 Duane Nichols, Cell- 304-216-5535.

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Air Pollution from Marcellus Operations <see video>
by Duane330＠aol.com 14 Oct '11

14 Oct '11

_http://c5.zedo.com//ads2/f/1027008/3840/172/0/305002932/305002932/0/305/914 /zz-V1-EP5.25DuckHunting2-v11X1.html?a=s%3D914%3Bg%3D172%3Bm%3D4095%3Bw%3D25 5%3Bu%3D1gifEgoBADYAAAz1pz0AAAEN%3Bi%3D0%3B;l=;p=;t=1318669130_ (http://c5.zedo.com//ads2/f/1027008/3840/172/0/305002932/305002932/0/305/914… 5DuckHunting2-v11X1.html?a=s=914;g=172;m=4095;w=255;u=1gifEgoBADYAAAz1pz0AAA EN;i=0;;l=;p=;t=1318669130) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Meeting Highlights Fracking Dangers in the Air Posted Thursday, October 13, 2011 ; 11:13 PM Updated Friday, October 14, 2011; 07:24 AM Three local environmental groups sponsored a meeting at the Morgantown Municipal Airport Thursday night to discuss air pollution from Marcellus drilling. By Alex Hines MORGANTOWN -- There's been a lot of discussion of the dangers of Marcellus drilling in the ground, but that's not the only place where there's cause for concern. It may not be as visible, but fracking also has an effect on air quality as well. The West Virginia Sierra Club, Mon Valley Clean Air Coalition, and the Group Against Smog and Pollution hosted a meeting at the Morgantown Municipal Airport Thursday night to discuss those effects. Those at the meeting also discussed some proposed legislation that could help to lower the emissions that fracking causes at the different points in the process. Although not as visible to some as other environmental effects from Marcellus drilling, emissions containing chemicals like methane and ozone do get spread into the atmosphere. Those emissions are not localized at one point, and that adds to the problem. "The concerns are the combined emissions between the production, the processing, the pipelines, the leaks, the flares," said Nicole Goode, a Sierra Club member who came to the meeting to learn more about the air pollution. John Osborne, who gave the presentation Thursday night, said the amounts in all those areas aren't a lot taken alone, but altogether have a much stronger effect. "If you look at the entire process from the time a well is drilled, it's fracked, gas is extracted and processed, there are pieces of equipment that pollute the air at every one of these steps, and when they're considered together, these pollution sources add up," said Osborne. And those pollutants can add up in a big way. Osborne says that in some cases, more ozone-forming pollution was emitted from shale drilling operations than from car and truck traffic in the same area. Copyright 2011 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Meeting, Thursday Evening at 7 PM, AIRPORT ANNEX
by Duane 12 Oct '11

12 Oct '11

FrackCheckWV JOE OSBORNE, LEGAL DIRECTOR, GROUP AGAINST SMOG & POLLUTION, TO SPEAK THURSDAY 7 PM AT THE MORGANTOWN AIRPORT ANNEX ON "AIR POLLUTION FROM MARCELLUS OPERATIONS" Duane Nichols, Cell- 304-216-5535.

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TWO EVENTS, OCT 13th. and OCT 17th.
by Duane 05 Oct '11

05 Oct '11

***Public Meeting on "Air Pollution from Marcellus Gas Operations" Featured Speaker: Joe Osborne, Legal Director, GASP-Pittsburgh 7:00 PM, Thursday, October 13th Conference Room, Morgantown Airport Annex Sponsors: Mon Valley Clean Air Coalition, Group Against Smog and Pollution (GASP), and WV Chapter Sierra Club. Contact: Sally Wilts, sallywilts(a)yahoo.com See also: www.gasp-pgh.org ***WVDEP has scheduled a public meeting to hear comments and answer questions about 2 Coresco coal ash dump permits near Maidsville across the river from Morgantown. It will beMonday, October 17 at 6:00 pm at the Granville Volunteer Fire Department's event hall. The Fire Department is on Rt 100 and the event hall is located across the street and behind some new construction. One permit is a renewal of an existing site of ~140 acres where there is already some evidence that water contamination is occurring. The second is a new permit for ~338 acres. We hope to get a large turn-out so that we can impress upon WVDEP that many people oppose just dumping toxic fly ash into our environment. There is a significant burden of dust generated in these activities. And, the mining and coal contribute to global climate change. We expect the mining and power company will try to pack the room with their employees. For more information: http://www.westvirginia.sierraclub.org/announcements/flyash-northernWV.pdf http://www.environmentalintegrity.org/news_reports/documents/CoalAshMythFac… http://democrats.naturalresources.house.gov/content/files/2011-09-26_LTR_OS… Duane Nichols, Cell- 304-216-5535.

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LAST DATE TO REGISTER FOR EPA HEARING IN PITTSBURGH
by Duane 22 Sep '11

22 Sep '11

Public Hearing on New EPA Fracking Rules on September 27th in Pittsburgh by DUANE NICHOLS on SEPTEMBER 17, 2011 David Lawrence Convention Center The U.S. Environmental Protection Agency will hold the first of three public hearings on proposed oil and gas emissions standards, from 9 am to 8 pm on Tuesday, September 27th at the David Lawrence Convention Center in downtown Pittsburgh. Hearings will also be held September 28th in Denver and September 29th in Arlington, Texas. These proposed new rules are meant to control and reduce toxic air pollution from oil and gas wells that are hydraulically fractured, including those in the Marcellus Shale formation in Pennsylvania and West Virginia. The EPA must finalize the new emissions standards by February 28, 2012, under a mandate in a court-ordered consent decree. The public can comment on the proposed rules — the first changes in oil and gas emissions regulations in decades — which would use existing technologies to reduce pollution from well drilling, leaking pipes, storage tanks and gas compressor stations that contributes to smog and can cause cancer. Those emissions control technologies, including capture of volatile organic compounds and other gases now routinely vented into the atmosphere, are already employed by some companies and required by some states, but not Pennsylvania or West Virginia. Persons wishing to present hearing testimony, limited to 5 minutes each, should contact Joan C. Rogers, USEPA, Office of Air Quality, Planning and Standards Sector Policies and Programs Division (E143- 03), Research Triangle Park, North Carolina 27711; telephone: 1-919-541-4487; fax number: 1-919-541-3470; email: rogers.joanc(a)epa.gov (preferred method for registering), no later than 4 p.m., two business days prior to each hearing. The last day to register for the Pittsburgh hearing is Friday, September 23rd, according to the Pittsburgh Post-Gazette. An eight (8) page Fact Sheet has been developed by US-EPA as well as a fifteen (15) page Slide Show Presentation to describe the essential components of the proposed new rules. The Charleston Gazette reported on the new rules at the end of July; and, the Sustained Outrage blog contains a brief description. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>................................<<<<<<<<<<<<<<<<<<<<< FROM "INSIDE EPA"............ EPA Signals Preferred Approach For Precedent-Setting Methane Gas Rules Posted: September 19, 2011 EPA is signaling its preferred approach for regulating the nascent "methane farming" industry -- a method of injecting microbials into coalbed methane (CBM) wells to ramp up natural gas production -- through strict Safe Drinking Water Act (SDWA) permits, pushing Wyoming to adopt the approach in pending first-time state rules for the practice. The Wyoming Oil and Gas Conservation Commission (WOGCC) is slated to hold a Sept. 20 hearing where the panel will adopt EPA's preferred approach, which the agency outlined in comments on the state's upcoming groundwater protection rules addressing microbial injection in the state's Powder River Basin. EPA has no rules for the emerging methane farming industry, and Wyoming's could set a precedent by being the first such rules in the United States. Industry officials, however, are already raising concerns about the potential national precedent that Wyoming could set by adopting EPA's strict approach to regulating the sector. Industry also fears that regulators could use the approach to justify stricter rules for all enhanced oil and gas recovery activities, including carbon injection. Wyoming floated an earlier draft of its SDWA underground injection control (UIC) permit requirements for methane farming in April. State officials postponed an Aug. 9 hearing on those rules after EPA's Region VIIIsubmitted public comments urging Wyoming to broaden the rules to apply statewide, not only to methane farming in the Powder River Basin. EPA in July 1 comments submitted on the state's so-called bug rules -- referring to the use of microbial organisms -- raised concern that the proposed regulations for the Powder River Basin contain too much flexibility because they would allow companies wishing to perform methane farming to operate under either Class V or less stringent Class II UIC permit rules. The permitting authority in Wyoming is its Department of Environmental Quality. Because the Powder River Basin formation contains drinking water wells, the proposed rules would be more protective of groundwater, but EPA is urging the state to apply those same protections to all methane farming activities in Wyoming and is advocating that the practice be regulated under catch-all Class V permits. Class II rules are EPA's UIC well category that is generally used for enhanced recovery of hydrocarbons, such as carbon injection activities, and under those rules, industry can obtain an aquifer exemption, meaning the water quality does not need to meet stringent standards that the agency sets for underground sources of drinking water. Class V rules, which typically apply to shallow disposal systems not included in any of the other UIC categories, tend to have more stringent permitting requirements than those for Class II wells because they tend to have stricter monitoring and other requirements. "Class II is an easier permit to get," an environmentalist says. Environmental groups side with EPA that all methane farming activities should be subject to strict permitting requirements. "[T]he process of microbial enhancement of methane production through the regeneration of depleted coal bed methane seams (methane farming) can only be regulated" as Class V wells, EPA's comments say. The agency further urges WOGCC to identify one well class for all types of methane farming projects, not just those in the Powder River Basin, recommending that the state consider "the associated permitting implications" for coal beds, which tend to contain a lot of drinking water wells and thus would exclude Class II permitting. Industry's Concerns EPA is also asking WOGCC to establish as permitting conditions that operators must monitor groundwater for volatile organic compounds associated with methane farming, including sampling for temperature, conductivity, haloacetic acids, and other potential indicators of contamination. The agency also urges the state to require testing of sediment and groundwater of the formation prior to injection to establish background concentration levels. EPA's preferred approach is prompting concern from industry about the broad policy implications that it could set not just for methane farming in Wyoming but for other oil and gas recovery operations, including waterflooding or carbon dioxide (CO2) injection. "If these requirements are adopted industry may face a demand to adopt them for all other instances of injection," the Petroleum Association of Wyoming says in July 8 comments. With those processes, which typically operate under Class II rules, the injection is for the purpose of recovering existing hydrocarbons, whereas methane farming is a process aimed at actually creating additional hydrocarbons, the group argues in its comments on the proposed Wyoming rules. The trade group asks that WOGCC consider adopting a new regulatory term to describe the process other than "enhanced recovery of methane" saying, "This term implies a simple recovery which is not the process to be utilized, such as a CO2 injection." EPA raises similar concerns in its comments on the proposed rules, saying the term should be "re-evaluated and clarified" and that WOGCC should also add a definition of microbial enhancement. In July 14 comments, Bruce Williams, of the firm Foresight Consulting, says the testing and monitoring requirements for methane farming would be better addressed through the permit writing process than through the WOGCC rules. "The other concern I have is that if we put all of these requirements into a rule for this injection and enhanced recovery, we will receive pressure to put the same requirements into all forms of injection for improved and enhanced recover," Williams says. "We already know that EPA will not give an aquifer exemption that will allow WOGCC to permit these injection wells as Class II wells. We should not add all these unique bonding and monitoring requirements that may be appropriate for protection of the [Powder River Basin] aquifers to WOGCC rules or guidelines." -- Bridget DiCosmo (bdicosmo(a)iwpnews.com) 2376621

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SUPPORT NEEDED FOR NEW CLEAN AIR RULES
by Duane 16 Sep '11

16 Sep '11

Group: Industry could block anti-pollution efforts here New rules reduce toxic emissions Friday, September 16, 2011 By Don Hopey, Pittsburgh Post-Gazette The Clean Air Act and new rules to reduce power plant air pollutants, including mercury and other air toxins, are under attack by industry -- and Pittsburgh's air quality is "in the bull's-eye," said Charles Connor, president and chief executive officer of the American Lung Association. Mr. Connor made his comments Thursday during the Economic Club of Pittsburgh luncheon at the Omni William Penn hotel, Downtown. Industry opposition to the new air pollution controls, if successful, could block continued improvements to air quality in southwestern Pennsylvania, he said. "Pittsburgh's air has come a long way since the 1950s. It's made progress," Mr. Connor said. "But there's still work to be done. There's still a health risk around Pittsburgh." The new rules and regulations would control power plant pollution transported to southwestern Pennsylvania, reduce mercury and other toxic air emissions by 91 percent, and establish health-based standards for smog and soot. He said the Clean Air Act regulations already in place saved 160,000 lives last year nationwide and prevented 130,000 heart attacks and 1.7 million asthma attacks. The proposed air toxics rule would save an additional 17,000 lives a year. Mr. Connor also cited the findings of the Pittsburgh Post-Gazette's eight-day December series, "Mapping Mortality," which documented 12,833 more deaths from heart and lung disease and lung cancer in 14 Western Pennsylvania counties from 2000-08 than would be expected based on national mortality rates for those diseases, which have been linked to air pollution. During the talk, titled "Fighting for Air," which also is the slogan of the association's ongoing ad and lobbying campaign, Mr. Connor said industry opposition to new regulations is "outrageous and unconscionable but nothing new." The same environmental arguments about regulations hurting jobs were made when the 1990 Clean Air Act amendments were passed by Congress and signed by President George H.W. Bush. "It's baloney today and it's always been baloney," he said. "The opposition sets up false choices between jobs and clean air, but there's no credible evidence to support claims the Clean Air Act is the enemy of job creation or economic growth." He said a Lung Association poll also found widespread public support for the tougher pollution standards, with 75 percent favoring tighter controls for smog, 72 percent saying they wanted the EPA rather than Congress to set air quality standards, 64 percent saying the new standards won't adversely effect jobs and 54 percent saying they will help create jobs. "It's a great frustration for us when we hear that the EPA and the Clean Air Act are the entities killing jobs," Mr. Connor said. "The real facts are that the Clean Air Act has been saving lives for 41 years and it's much too important to be under attack and politicized." He urged residents of southwestern Pennsylvania to contact their elected representatives in support of the new pollution control rules. "We don't have to choose between jobs and healthy air," he said, "and to the extent that Pittsburgh can speak up, that will benefit the country as a whole." Xxxxxxxxxxxxxxxxxxxxxxxxxx"....................................................xxxxxxxxxxxxxxxxxxxxX Duane Nichols, Cell- 304-216-5535.

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EPA Public Hearing, NATURAL GAS PRODUCTION, 9/27/11
by Duane 16 Sep '11

16 Sep '11

Subject: EPA to Hold Public Hearing in Pittsburgh on Proposed Air Pollution Standards for Oil and Natural Gas Production > > EPA to Hold Public Hearing in Pittsburgh on Proposed Air Pollution > Standards for Oil and Natural Gas Production > > PHILADELPHIA (Sept. 15, 2011) – The U.S. Environmental Protection > Agency (EPA) will hold three public hearings in September on the > agency’s proposed standards to reduce air pollution from oil and gas > drilling operations. The proposed standards would rely on > cost-effective, existing technologies and practices to reduce pollution > that contributes to smog and can cause cancer, while supporting the > administration’s priority of continuing to expand safe and responsible > domestic oil and natural gas production. The first hearing will be held > in Pittsburgh on September 27. The other hearings will be in Denver, > Colorado and Arlington, Texas. > > WHAT:EPA public hearing in Pittsburgh on proposed air pollution > standards for the oil and natural gas industry will be held. > > WHEN: 9 a.m. - 8 p.m. Tuesday, Sept. 27 > > WHERE: David L. Lawrence Convention Center, Rooms 315-316 > 1000 Ft. Duquesne Blvd., Pittsburgh, PA 15222 > > To register to speak at a specific time at any of the hearings, please contact: > Joan C. Rogers at 919-541-4487 or rogers.joanc(a)epa.gov. People also may sign up to speak in person on the day of a hearing; however, they may > not be given their preferred time slot to speak. EPA must issue a > final rule by Feb. 28, 2012. > > For more information on the proposal: > http://epa.gov/airquality/oilandgas/ >>>>>>>>>>>>>>>>>>>>>>>>>>>>...................................<<<<<<<<<<<<<<<<<<<<<< Duane Nichols, Cell- 304-216-5535.

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RALLY THURSDAY AT MORGANTOWN INDUSTRIAL PARK
by Duane 14 Sep '11

14 Sep '11

W.Va. Marcellus committee clears permit fee hurdle By Lawrence Messina, Charleston Gazette, September 14, 2011 CHARLESTON, W.Va. -- Natural gas operators would pay $10,000 to drill a well in West Virginia's share of the Marcellus shale field, and $5,000 for each additional well at the initial site, under a proposal adopted Wednesday by a special legislative committee. The House-Senate panel also approved provisions increasing bonds posted for well projects, enhancing public notice of drilling and compensating the owners of surface land where operators drill their wells. With the committee resuming its work next month, Wednesday's changes move lawmakers closer to a regulatory bill that they hope to propose during a special session before year's end. But the permit fee amendment has been considered a crucial hurdle in the process. Operators now pay just a few hundred dollars for a permit. The resulting revenues have helped to leave the Department of Environmental Protection's Oil and Gas office with a $1 million shortfall in its budget. Tapping the rich Marcellus reserve can involve a horizontal drilling method that differs from the practices followed for vertical wells. Marcellus drillers also employ hydraulic fracturing, or fracking, and pump a high-volume, high-pressure mix of water, chemicals and sand into wells to release the shale's gas. The mile-deep rock formation, stretching beneath several states in the region, is considered one of the world's largest natural gas fields. The resulting push to drill into the shale has spurred concerns about the large amounts of water needed, the potential effects of drilling and fracking on nearby drinking supplies, and what happens to the tainted frackwater afterward. Lawmakers estimate the amended permit fees would provide DEP with $2.5 million annually, enough to cure that shortfall and allow the office to add as many as 15 additional staffers. The office would hire two field inspectors for every office worker it adds, DEP lawyer Kristen Boggs told the committee Wednesday. "I think that this is a very good compromise," said Delegate Tim Manchin, D-Marion and the committee's House co-chair. "This is a very good step forward in terms of trying to meet the needs of the folks in the impact zone and get more feet on the ground and to restore some confidence in the people that the that the state is watching out for them." Senate Co-Chair Doug Facemire said natural gas operators support the amendment. "The industry made it clear to us that they wanted to try to protect the environment and the citizens," the Braxton County Democrat said, adding that "The industry did not try to fight or obstruct this. That's an important thing, also, to bring up." The Legislature proved unable to pass a Marcellus measure during this year's regular session. Acting Gov. Earl Ray Tomblin has since ordered DEP to issue emergency regulations. Approved last month, these temporary provisions requires drillers to explain how they'll protect area land, manage the large volumes of water involved and respond to accidents, among other topics. But environmental groups and the West Virginia Surface Owners Rights Organization argue that the emergency rule as falling short in such areas as air pollution and surface owner protections. The special committee expects to consider some of those subjects during October's interim study meetings. Critics of the state's handling of this issue include West Virginia for a Moratorium on Marcellus. They plan to picket Thursday outside a well site at Morgantown Industrial Park. This Marcellus project spurred a Morgantown ordinance banning horizontal drilling-hydraulic fracturing operations within or near city limits. A circuit judge has since blocked that ordinance. >>>>>>>>>>>>>>>>>>>>>>>>>>>...............................<<<<<<<<<<<<<<<<<<<<<<<<<<< Thursday,September,15·at-11:00am-6:00pm Location Near the entrance to Morgantown Industrial Park Created By Candace Jordan For Stop the Fracking in Morgantown Industrial Park More Info RALLY ON THURSDAY! LET YOUR VOICES BE HEARD AT MORGANTOWN INDUSTRIAL PARK! HYDRO-FRACKING WILL BEGIN ON THE MARCELLUS WELLS IN MORGANTOWN INDUSTRIAL PARK IN MID-SEPTEMBER. BEFORE WE'RE FRACKED--LET PEOPLE IN MORGANTOWN AND THROUGHOUT WV KNOW THAT WV4MOM AND OTHER CITIZENS ARE WATCHING AND MONITORING GAS COMPANY ACTIVITIES. WE ARE NOT GOING TO GO AWAY. WE ARE NOT GIVING UP THE FIGHT TO PROTECT OUR AIR AND OUR WATER AND THE QUALITY OF OUR ENVIRONMENT. COME TO A RALLY AT THE ENTRANCE TO MORGANTOWN INDUSTRIAL PARK! LET'S RALLY AGAINST MARCELLUS DRILLING AND HYDRO-FRACKING! IT'S ABOUT TO BEGIN! WHERE: At the entrance to Morgantown Industrial Park. We have chosen a safe zone that is public space. We are allowed to rally 100 ft. from the intersection before the entrance to the Park. We will demarcate the area. WHEN: THURSDAY, SEPTEMBER 15, 11 am to 2 pm and 4 pm to 6 pm. NOTE: THERE WILL BE A BREAK FROM 2 PM TO 4 PM. WHY: WV4MOM would like everyone to know that we have not gone away and that we will be watching the activities of the gas companies as they begin horizontal hydro-fracking. We also want our City Council to know that we want an appeal to Judge Tucker’s ruling. WHAT YOU CAN DO: 1. Come to the rally. Stay part of the time or all of the time. 2. Please make signs that say things like: Don't frack with our water/We can't drink money/We are watching you/Fracking is not appealing--is Morgantown?/Regulate fracking now. (Get creative, stay g-rated.) 3. Please tell your friends or others to join us. For parking: Westover Park is 1/3 mile from the intersection. If you turn right at the intersection when you are on River Road, Westover Park is about 1/3 of a mile on the left. For people who cannot walk this distance, we will work together to shuttle everyone from the Westover Park to the Rally.

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WV EMERGENCY RULE ON HORIZONTAL DRILLING
by Duane 08 Sep '11

08 Sep '11

=========================================================== Thursday, September 8, 2011 @ 4:45 PM =========================================================== In accordance with the Administrative Procedures Act, the West Virginia Department of Environmental Protection is accepting public comments on its proposed legislative rule governing horizontal well development. The 30-day comment period begins the process of making the agency’s Emergency Rule on horizontal well development permanent, pending its approval by the state legislature as part of the DEP’s legislative rules package. A public hearing on the proposed legislative rule has been scheduled for 6 p.m., on Tuesday, Oct. 11 in the Coopers Rock Training Room at DEP headquarters in Charleston, 601 57th St., S.E., Charleston, WV., 25304. Written comments can be sent to the DEP Public Information Office at 601, 57th St., S.E., Charleston, WV., 25304, or emailed to DEP.comments(a)wv.gov. Written comments can be submitted until Oct. 11. See the new rule in the following document: http://www.dep.wv.gov/oil-and-gas/Documents/35-8%20%20%20Horizontal%20Well%… Duane Nichols, Cell- 304-216-5535.

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Calling for a Ban on Hydrofracking
by Duane 07 Sep '11

07 Sep '11

Welcome to when the little guys become the big guys. There are hundreds of local grassroots groups in the US working on issues related to fracking, clean water, and environmental health. Most of the individuals that make up these groups are, like us, committed unpaid volunteers who are passionate about protecting our water, air and public health. Together all of our groups and organizations make up a profound grassroots movement that carries immense power for positive change. Well, the time has come for these grassroots groups to become the big guys and bring about this change. We've been waiting a long time, and now is our time in the sun. Let’s get together and be the large constituency we are. Take action! The National Grassroots Coalition is partnering with Josh Fox and Gasland, Credo, Democracy for America, Food and Water Watch, United for Action, and several other organizations to push a National Call Day to President Obama on September 13th. We will be calling President Obama and letting him know that we oppose Hydraulic Fracturing. Join us in announcing to your email list, website, and on Facebook and other social media this major national action. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>.........................<<<<<<<<<<<<<<<< Here are the details of the call day: Call the White House at 202-456-1111 or 202-456-1414 between 9 am and 5 pm EDT on September 13th. Say, "Hello my name is ______, I live in (City, State) and I oppose hydraulic fracturing and I want renewable and sustainable energy policy solutions." Feel free to copy this message to anyone that is appropriate in your organization. The important thing is that we let President Obama know that there is a lot of opposition to fracking. If the phone lines get jammed, send an email through the White House Contact page here. (http://www.whitehouse.gov/contact) This is going to be the first action of many more to come as we, together steer this country to more sane and sustainable energy policies where we don’t have to poison ourselves to power our lives. If you have questions about this event, or would like to be listed on our website, please email nationalgrassrootscoalition(a)yahoo.com or contact your regional coordinator. Thanks so much! Together we can do this! David, Ling, Nona, Diana, Chris, Eric, Rebecca, Kathy, Beth, Mary Ellen, Lynn, Charlie, Kate, Edie, Ellen, Merle, Sharon, Amanda, Alice, Meredith, and the rest of the National Grassroots Coalition Team powered by volunteers from United for Action. Duane Nichols, Cell- 304-216-5535.

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Public Meeting on Marcellus Air Pollution -- October 13th <MYC>
by Duane330＠aol.com 02 Sep '11

02 Sep '11

<MYC> Mark Your Calendar........................ Public Meeting on “Air Pollution from Marcellus Gas Operations” Featured Speaker: Jamin Bogi, GASP-Pittsburgh 7:00 PM, Thursday, October 13th Conference Room, Morgantown Airport Annex Sponsors: Mon Valley Clean Air Coalition, Group Against Smog and Pollution (GASP), and WV Chapter Sierra Club, <MYC> Contact: Sally Wilts, _sallywilts(a)yahoo.com_ (mailto:sallywilts@yahoo.com) See also: _www.gasp-pgh.org_ (http://www.gasp-pgh.org/)

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Comment on WV Emergency Rules for Marcellus Wells
by Duane330＠aol.com 27 Aug '11

27 Aug '11

============================================================ Thursday, August 25, 2011 @ 5:23 PM ============================================================ The West Virginia Department of Environmental Protection is seeking public input on its Well Site Safety Plan Standards and Casing and Cementing Standards that are referenced in the DEP’s Emergency Rule for horizontal drilling, filed Aug. 22 with the Secretary of State’s Office. As part of the rule, all applications for well work permits involving well sites that will disturb three acres or more of surface must include a well site safety plan to spell out what steps will be taken to protect persons on site, as well as the general public and the environment. The plan is to be developed in accordance with standards developed by the DEP’s Office of Oil and Gas (OOG). The Emergency Rule also includes operational rules intended to protect water quantity and quality and instructs operators to construct wells and conduct casing and cementing activities of all horizontal wells in accordance with OOG standards. Public input on the OOG standards will be accepted until Sept. 30, 2011, and can be mailed to the Office of Oil and Gas, 601 57th St., S.E., Charleston, WV., 25304 or emailed to DEP.comments(a)wv.gov. Copies of the OOG standards can be viewed by clicking on the Office of Oil and Gas section on the DEP homepage at: www.dep.wv.gov. As directed by Gov. Earl Ray Tomblin on July 12 in Executive Order No. 4-11, the DEP filed its Emergency Rule to increase regulatory oversight of horizontal well development in the state. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> _Time to Submit Public Comments to the WV DEP on Casing and Safety_ (http://www.frackcheckwv.net/2011/08/27/time-to-submit-public-comments-to-th… p-on-casing-and-safety/) by Nicole Good on August 27, 2011 (http://www.frackcheckwv.net/wp-content/uploads/2011/08/well-casing.gif) The West Virginia DEP’s emergency rule issued on August 22nd references i well site safety standards and casing and cementing standards. To develop these plans, the DEP is seeking input from the public through September 30th. These may be mailed to the Office of Oil and Gas, 601 57th St., S.E., Charleston, W. Va., 25304 or e-mailed to DEP.comments(a)wv.gov. You can download the _casing and cementing standards here_ (http://www.dep.wv.gov/oil-and-gas/Documents/Casing%20and%20Cementing%20Stan…) , and the _well site safety plan standards here._ (http://www.dep.wv.gov/oil-and-gas/Documents/Well%20Site%20Safety%20Plan%20S…) Source: _www.frackcheckwv.net_ (http://www.frackcheckwv.net)

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Petition
by Jonathan Rosenbaum 25 Aug '11

25 Aug '11

https://www.change.org/petitions/encourage-mayor-manilla-and-the-city-counc… -Jonathan

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Press Conference Monday at Morgantown Waterfront Park:Can You Attend?
by Duane330＠aol.com 20 Aug '11

20 Aug '11

Charleston Gazette Saturday 20 August 20111: W.Va. citizens continue to push for drilling reforms August 19, 2011 by Ken Ward Jr. More than a month after Senate President Earl Ray Tomblin, acting as governor, _ordered “emergency” rules_ (http://blogs.wvgazette.com/watchdog/2011/07/11/tomblin-plans-drilling-annou…) to toughen regulation of natural gas drilling in West Virginia, and the state Department of Environmental Protection has yet to issue those rules. We still don’t know _what role the oil and gas industry’s lobbyists played_ (http://blogs.wvgazette.com/watchdog/2011/07/27/drilling-lobbyists-consultan…) in crafting Tomblin’s executive order, or what role they may be playing behind the scenes in developing the WVDEP’s rules. Are any _significant changes being made_ (http://blogs.wvgazette.com/watchdog/2011/07/28/what-else-did-tomblin-change…) at industry’s behest? In the Daily Mail, Ry Rivard _reports_ (http://www.dailymail.com/News/statehouse/201108171389) that a new law on drilling practices is unlikely to happen before the end of this year — and some lawmakers seem in no hurry to work on such legislation. Meanwhile, a coalition of citizen groups are planning dual events in Morgantown and Charleston on Monday to call attention to what they say are weaknesses in the Tomblin executive order. According to a press advisory from the West Virginia Surface Owners Rights Organization: West Virginia citizens need strong protection from a range of effects of Marcellus shale and other natural gas drilling and production. Representatives from participating organizations will address such issues as air, land, and water pollution from drilling operations; water usage and waste disposal; light and noise pollution; lack of surface owners’ rights; and lack of sufficient DEP inspectors to enforce the law and ensure safety. Participants are critical of the measures proposed in Governor Tomblin’s Executive Order as being insufficient to provide the protections citizens are demanding and are calling on the legislature to act swiftly. The advisory added: The Charleston event will also include testimony from the Hagy family. The Hagy’s water well became contaminated and family members became sick after a natural gas company drilled and hydraulically fractured three natural gas wells on their property in Jackson County. Readers may recall that the Hagy’s experience _was outlined in great detail in a recent report by the Environmental Working Group_ (http://blogs.wvgazette.com/watchdog/2011/08/03/report-ties-fracking-to-w-va… ) . In _a commentary today_ (http://www.wvmetronews.com/hoppy.cfm?func=displayfullstory&storyid=47136) , Hoppy Kercheval of West Virginia MetroNews talked up his belief that a draft report from an Obama administration advisory panel on shale-gas drilling “provides balance” and dismisses concerns about water pollution from increased gas drilling activity. Hoppy must have missed this part of the _draft Department of Energy report_ (http://wvgazette.com/News/marcellus/201108111037) : Intensive shale gas development can potentially have serious impacts on public health, the environment and quality of life – even when individual operators conduct their activities in ways that meet and exceed regulatory requirements. The combination of impacts from multiple drilling and production operations, support infrastructure (pipelines, road networks, etc.) and related activities can overwhelm ecosystems and communities. The Subcommittee believes that federal, regional, state and local jurisdictions need to place greater effort on examining these cumulative impacts in a more holistic manner; discrete permitting activity that focuses narrowly on individual activities does not reach to these issues. This entry was posted on Friday, August 19, 2011 at 4:01 pm

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Hot Topics & Opinions: Ban, Regulate, Drill / Frack, Crack, or Pipeline
by Duane 18 Aug '11

18 Aug '11

> Subject: Hot Topics & Opinions: Ban, Regulate, Drill / Frack, Crack, or Pipeline > > Hot Topics & Opinions: Ban, Regulate, Drill / Frack, Crack, or Pipeline > > Hot Topics & Opinions: Ban, Regulate, Drill / Frack, Crack, or Pipeline > Posted: 18 Aug 2011 07:58 AM PDT > > > The City of Morgantown is still under pressure to ban fracking within the City limits and out one mile, given the voices of the residents at the last City Council meeting and the Morgantown Dominion-Post editorial “We respectfully object, your honor.” The local newspaper says that the City should appeal the decision of the Monongalia Circuit Court of August 12th that overturned the City ordinance. Surely municipalities can regulate activities within their own borders, one would think. > > Next, Sen. Doug Facemire, D-Braxton, said Wednesday that emergency rules ordered last month by acting Gov. Earl Ray Tomblin – which are not yet in effect – will be enough to tide the state over until lawmakers meet early next year. He is co-chair of the Joint Legislative Select Marcellus Gas Committee. The other co-chair, Delegate Tim Manchin, D-Marion, says that the Committee should meet and ask for a Special Session to put permanent Marcellus regulations into force yet this year. > > Drilling and fracking are continuing here in West Virginia and in many of the counties of Pennsylvania that border West Virgina, mainly Washington, Greene and Fayette Counties. Most of the Marcellus gas is “wet” containing ethane and higher hydrocarbons. Gov. Tomblin, the Legislature, and County Commissioners are promoting a petrochemical plant in West Virginia that would crack the ethane into ethylene, then react the ethylene to make many different products. Many gas companies are planning pipelines to send the ethane to the Gulf Coast (and perhaps on to foreign countries) or to Canada for cracking and petrochemical production. > > So what is the rush to drill for gas? Haven’t we learned anything from our past mistakes? These questions are asked by Dr. Bernard Goldstein, MD, of the University of Pittsburgh’s School of Public Health. The health effects of drilling, fracking, pipelining, cracking, etc., are still a serious consideration. It is not reasonable to turn off wells that are already extracting natural gas. “But, recognizing that the risk to our health and natural resources (water, land, air) increases with every new well, that information and technology is on the way to lower the risk and that the natural gas will not go anywhere, Pennsylvania should join other states, including New York and Maryland, in not drilling new wells for now.” > > Bernard D. Goldstein, M.D., is a professor of Environmental and Occupational Health at the University of Pittsburgh Graduate School of Public Health and the school’s former dean. He is the former assistant administrator for research and development at the U.S. Environmental Protection Agency and he is an elected member of the Institute of Medicine of the National Academies. > > > You are subscribed to email updates from Frack Check WV > To stop receiving these emails, you may unsubscribe now. Email delivery powered by Google > Google Inc., 20 West Kinzie, Chicago IL USA 60610

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Fw: THE PUMP HANDLE a water cooler for the public health crowd
by Peggy Filios 13 Aug '11

13 Aug '11

This particular blog is written by Anthony Robbins. Former head of CDC/NIOSH, 2 different state health departments (VT and CO, I think), and now professor of public health at Tufts University School of Medicine. http://scienceblogs.com/thepumphandle/2011/08/frackings_consequences_obscur… Peggy

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Monongalia County Judge Declares Morgantown Fracking Ban Invalid
by Duane 13 Aug '11

13 Aug '11

> Monongalia County Judge Declares > Morgantown Fracking Ban Invalid > > Monongalia County Judge Declares Morgantown Fracking Ban Invalid > Posted: 13 Aug 2011 07:18 AM PDT > > > On August 12th, Circuit Judge Susan Tucker of Monongalia County overturned the fracking ban of the City of Morgantown, which extended one mile beyond the City limits, according to the Morgantown Dominion-Post. “The ordinance passed by the City of Morgantown,” she concluded, “is pre-empted by state legislation and is invalid.” > > Northeast Natural Energy has already started two Marcellus gas wells in the Morgantown Industrial Park on behalf of Enrout Properties LLC, which owns the well pad surface and co-owns the mineral rights. Morgantown City Manager Terrence Moore said he is reviewing and discussing the ruling with city attorney Steve Fanok, in order to develop a response to the ruling. > > At the July scheduling hearing, Tucker ordered the parties to prepare arguments to address her question: “Can a municipality adopt an ordinance that trumps WV-DEP rules?” Tucker now has ruled on that question; State code gives the Department of Environmental Protection (WV-DEP) sole discretion regarding the exploration, development, production, storage and recovery of oil and gas, she wrote. There is no exception to that carved out in the municipal home rule statute. > > “Governmental entities are required to supplement and complement the efforts of the state by coordinating their programs with those of the state,” she wrote. Where there’s a conflict, the state Supreme Court has ruled, “the municipal ordinance must yield.” State regulations, she wrote, “do not provide any exception or latitude to permit the City of Morgantown to impose a complete ban on fracking or to regulate oil and gas development and production.” > > The legal issues in the case, she claims, do not give her authority to consider environmental issues, which acting Gov. Earl Ray Tomblin addressed in the recent executive order to the WV-DEP. This executive order is to be put into effect this coming week, according to reliable sources. > > > WV Invests in Startup Offering Alternative to Cracker Plant > Posted: 12 Aug 2011 10:16 PM PDT > There has been much talk of bringing an ethane cracker plant to West Virginia. But the state is investing in an alternative technology via an investment of $250,000 by the West Virginia Jobs Investment Trust in Aither Chemicals, LLC. A traditional cracker plant requires an investment of approximately $1 billion or more. According to the press release by the WV Dept. of Commerce, “Aither uses an integrated process for creating chemical products derived from ethylene. Aither’s process is designed to work on a smaller scale with less start-up costs than traditional steam cracker.” > > Leonard Dolhert, Chief Executive Officer of Aither, said the company’s immediate goal is to build an alliance of investors, of which the Jobs Investment Trust is key. > > There was no information released regarding potential future investors in Aither. > > “In Marcellus shale and the byproduct ethane gas, West Virginia has a natural resource with tremendous economic potential. Aither’s approach to convert ethane into petrochemicals will enhance our capability to develop this resource, retaining and creating jobs in this state” said Keith Burdette, chair of the Jobs Investment Trust and secretary of the state Commerce Department in a prepared statement. > > Raw natural gas is composed of methane (70-90%) and natural gas liquids such as ethane, propane and butane. > > Charleston Daily Mail story, 8-12-11 > > > You can subscribed to email updates from Frack Check WV > > Google >

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Cheat Lake Volunteer Fire Department Fundraiser <Important>
by Duane330＠aol.com 09 Aug '11

09 Aug '11

CHICKEN DINNER: SUNDAY, AUGUST 14, 2011 CHEAT LAKE VOLUNTEER FIRE DEPARTMENT $8.00 for Adults. Half-Size Chicken for $4.00, Children under Four are Free. Time and Location: Starts at 11:00 AM, One Miles North of I-68 on WV-857 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>><<<<<<<<<<<<<<<<<<<<<<<<<< Location and Purpose: Cheat Lake Fire Hall, Funds Needed To Sustain Fire Department Contact: Sue Miles Nichols, 304-599-8040 (Home) or 304-216-5535 (Cell) Will you attend on August 14th? Can you help with the preparations or the food service? Email Sue Miles Nichols: _Milesnichols(a)aol.com_ (mailto:Milesnichols@aol.com)

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Pittsburgh GASP
by Duane 06 Aug '11

06 Aug '11

GASPalerts Action and News from Group Against Smog and Pollution IN THIS ISSUE EPA to Regulate Marcellus Air Emissions Local Shale Happenings Side Street Stroll #3 Stroll(er) on the North Side Have a Ball at the SportsWorks JOIN OUR LIST August 5, 2011 Biggest News This Year? EPA Proposes New Air Rules for Oil and Gas Industry For many months now, GASP has been calling attention to the potentially huge emissions from the Marcellus Shale industry. While burning natural gas produces less pollution than burning coal, combustion isn't the only factor to consider. In bringing the gas to market, there are many emissions sources--from the drill rigs, to the gas processing equipment, to the compressors that push it along. Thankfully, the EPA is proposing to tighten emission limits for the oil and gas industry. This proposal would include the first federal air standards for hydrofractured wells, including, potentially, a reduction of 95% of VOC emissions from new or refractured wells. However, this proposal isn't the end of the affair--far from it. EPA should look harder at its aggregation policy, among other things. And we'll have the chance to say as much, at the public hearing on this proposal which will take place in or near Pittsburgh, one of only three to be held (date TBD). Contact Jamin at GASP to learn more--email here, or call(412) 325-7382. More Marcellus Miscellania While the EPA looks at new regulations on a federal level there's a lot of activity in our own backyards: The Allegheny County Health Department (ACHD) would like a closer look too. They're proposing a notification system that would help them know when major air-pollution emitting activities will occur at Marcellus operations, allowing ACHD to better quantify emissions by knowing when to have inspectors available and on-site. This is a draft proposal, and will soon be ready for public comment. Stay tuned to learn more and how you can weigh in. PA State Rep. Jesse White is holding a public hearingon August 24 to solicit opinion on impact fees. Expect testimony from Kathryn Klaber of the Marcellus Shale Coalition, Andrew Heath of the Renew Growing Greener Coalition, and many others. Details here. The Marcellus Citizen Stewardship Project, cosponsored by GASP, has their next training in Harmony, PA on August 27. More info here. KDKA's radio show, "The Marcellus Shale and You," will be discussing the economic effects of shale drilling from 2 to 3 on Saturday, August 6 (tomorrow). Call in and let them know how you feel at 866-391-1020. Final Side Street Stroll Visits East End On August 13, from 1 to 5, GASP will be leading a casual hike to some lesser-known spots in Pittsburgh's East End, in our final hike of our partnership with Venture Outdoors. A relaxed pace, plenty of interesting stops, and a (free!) snack break should make this another great outing. Previous hikes have led participants to ice cream, solar panels, coffee and cookies, green roofs, a hidden bed and breakfast, churches, and many more hidden gems. Please click here to visit the Venture Outdoors website for more info and to sign up. Stroller Brigades Coast to Coast and in Pittsburgh Children are much more vulnerable to toxins than adults. It's hard work for busy parents to shoulder the burden of researching every bouncy ball, tub scrub, or carpet company to find safe products for their families. Join Women for a Healthy Environment (dads, caregivers, and grandparents are all welcome too) for a walk along the North Shore to draw attention to home and product safety. WHE will even have a device on-hand that can test for toxic metals in products you bring. Find out more details here. Save the Date for "Have a Ball with GASP" on October 21, 2011 Hold the evening of October 21 for GASP's fall event, to be held at the Carnegie Science Center's Highmark SportsWorks. We'll have the place to ourselves, so bring the whole family to try out all of the kid-friendly exhibits. Our speakers will focus on the effects of air pollution on the health of children and athletes. More info to come soon! We appreciate your participation on the GASPalerts email list. Together, we can make a difference in our region's environment. We won't trade or sell your address with other organizations or inundate you with mailings. Thank you!

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achilles heel of new proposed air regs for ONG
by Dee Fulton 29 Jul '11

29 Jul '11

I added this comment to my post. "The Achilles heel of the proposed amendments shows up under the paragraph on page 6 titled REDUCING COMPLIANCE BURDENS. “The proposed exemption would apply to sources covered by the NSPS that are not major sources and that do not obtain Title V permits for another reason….. VOC sources are considered “non-major” if they emit less than 100 tons per year…..That emissions threshold is lower in certain nonattainment areas, however.” The Wetzel County Action Group filed a legal appeal to the WV Air Quality Board (AQB)to consider compressors and gas wells collectively so as to be covered by Clean Air Act rules. From the FrackCheckWV post by Duane Nichols on May 21, “The AQB said that insufficient evidence had been presented to support a claim that the new compressors stations and/or the wells feeding them were in fact “contiguous or adjacent”, as defined by the legal definitions of these terms under the Clean Air Act in spite of existing pipelines interconnecting them.” Here is what that paragraph, REDUCING COMPLIANCE BURDENS SAYS: REDUCING COMPLIANCE BURDENS To reduce the compliance burden to industry, state and local governments and tribes, EPA also is proposing to exempt certain sources from Title V permitting requirements that would be triggered by the proposed rule. The proposed exemption would apply only to sources covered by the NSPS that are not major sources and that do not have to obtain Title V permits for another reason. EPA believes the recordkeeping and reporting requirements included in the proposed standards are sufficient to assure compliance. VOC sources generally are considered “non-major” if they emit less than 100 tons per year. That emissions threshold is lower in certain nonattainment areas, however. EPA also is seeking comment on additional approaches to provide the industry and regulatory agencies with more efficient and effective tools for maximizing transparency compliance with the proposed regulations. These include submitting performance test results to an EPA electronic database, and third-party compliance verification. HOW TO COMMENT Comments, identified by Docket ID Number EPA-HQ-OAR-2010-0505, may be submitted by one of the following methods: www.regulations.gov: follow the on-line instructions for submitting comments. E-mail: Comments may be sent by electronic mail (e-mail) to a-and-r-Docket(a)epa.gov. Fax: Fax your comments to: (202) 566-9744. Mail: Send your comments to: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Ave., NW, Washington, DC 20460. Hand Delivery or Courier: Deliver your comments to: EPA Docket Center, 1301 Constitution Ave., NW, Room 3334, Washington, D.C. 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. FOR MORE INFORMATION Today’s proposed rule and other background information is available http://www.epa.gov/airquality/oilandgas. Information also is available at EPA’s electronic public docket and comment system (http://www.regulations.gov,) using Docket ID Number EPA-HQ-OAR- 2010-0505.

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EPA New Proposed Air Pollution Fracking Regulations
by Dee Fulton 29 Jul '11

29 Jul '11

You'll get this report delivered to your email at 1PM if you subscribe to FrackCheckWV.net. But if you can't stand the suspense, read here. Dee EPA Proposes New Air Pollution Regulations for ONG Industry

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EPA to Update NOx and SOx Standards
by Duane330＠aol.com 28 Jul '11

28 Jul '11

EPA TO REVIEW AND UPDATE SECONDARY NITROGEN AND SULFUR OXIDE STANDARDS AS REQUIRED BY CLEAN AIR ACT On July 13, EPA proposed to develop a multi-pollutant standard ensuring additional protection to human health and the environment and to vulnerable ecosystems (including streams and lakes), from the effects of nitrogen oxides (NOx) and sulfur oxides (SOx). EPA will accept comments for 60 days after the proposed rule is published in the Federal Register, issuing a final rule by March 2012. For more information, go to _http://www.epa.gov/air/nitrogenoxides/actions.html_ (http://www.epa.gov/air/nitrogenoxides/actions.html)

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Fwd: Please pass this along
by Duane330＠aol.com 24 Jul '11

24 Jul '11

Hello, Please pass this information along to your membership list. Thanks so much. Chuck Wyrostok, Sierra Club WV ============================================================ Public Hearing Reminder with Clarksburg Hearing Details The Legislature's Select Committee on Marcellus held its first public hearing last week in Wheeling. More than 100 people attended, and of the nearly 40 speakers, the majority supported stronger regulations. You can read and watch coverage of the hearing _here_ (http://theintelligencer.net/page/content.detail/id/557298/Marcellus-Driller… v=515) , _here_ (http://theintelligencer.net/page/content.detail/id/557299/Participants-Tell…) and _here_ (http://www.wtov9.com/video/28629163/index.html) . There are two more opportunities to share your concerns in person and let legislators know what you would like to see in a bill to regulate natural gas drilling in West Virginia. Here are the details for this week's public hearings: Monday, July 25 in Morgantown ~ 7:30PM at the West Virginia University College of Law Wednesday, July 27 in Clarksburg ~ 7:30PM in the auditorium at Robert C. Byrd High School The Select Committee is specifically looking for language or issues to include in a bill. WV Sierra Club’s Position Paper (attached) contains many of the specific issues that need to be addressed. One approach might be for each speaker to address one or two of the issues with other speakers addressing the others. It is important to make sure that every one of needs is supported publicly, if time allows. We don’t want to waste time by needlessly duplicating statements. These public hearings are scheduled to last only 90 minutes, and the amount of time allotted to individual speakers will be allocated according to how many citizens want to speak. So get there early and sign up. It is important to continue asking for a moratorium on Marcellus drilling until stringent rules are in place to protect citizens and the environment. Enforcement of those rules by sufficient DEP staff is equally essential. If you are unable to attend, please contact members of the select committee today. Senators: Doug Facemire, D-Braxton, Chair douglas.facemire(a)wvsenate.gov Home: 304 765 2231 Biz: 304 364 9903 Capitol: 304 357 7845 Karen Facemeyer R-Jackson karen.facemyer(a)wvsenate.gov Home: 304 372 2260 Biz: 304 428 1622 Capitol: 304 357 7855 Corey Polumbo D-Kanawha corey.palumbo(a)wvsenate.gov Home: 304 746 7933 Biz: 304 347 1781 Capitol: 304 357 7880 Herb Snyder D-Jefferson herb.snyder(a)wvsenate.gov Home: 304 725 4529 Biz: 304 725 6174 Capitol: 304 357 7957 Orphy Klempa D-Ohio orphy.klempa(a)wvsenate.gov Home: 304 242 9200 Biz: 304 233 2500 Capitol: 304 357 7918 Delegates: Tim Manchin, D-Marion, Chair tmanchin(a)manchin-aloi.com Home: 304 363 5613 Biz: 304 367 1862 Capitol: 304 340 3166 Barbara Fleischauer D-Monongalia barbaraf(a)wvhouse.gov Home: NA Biz: 304 296 7035 Capitol: 304 340 3169 Tom Campbell, D-Greenbrier tcampbell(a)grcs.com Home: 304 793 3976 Biz: 304 793 3976 Capitol: 304 340 3280 Woody Ireland, R-Ritchie woody.ireland(a)wvhouse.gov Home: 304 349 2957 Biz: NA Capitol 304 340 3195 Bill Anderson, R-Wood bill.anderson(a)wvhouse.gov Home: 304 375 7880 Biz: NA Capitol 304 340 3168 Collectively, here are the email addresses for all ten: _douglas.facemire(a)wvsenate.gov_ (mailto:douglas.facemire@wvsenate.gov) ; _karen.facemyer(a)wvsenate.gov_ (mailto:karen.facemyer@wvsenate.gov) ; _corey.palumbo(a)wvsenate.gov_ (mailto:corey.palumbo@wvsenate.gov) ; _herb.snyder(a)wvsenate.gov_ (mailto:herb.snyder@wvsenate.gov) ; _orphy.klempa(a)wvsenate.gov_ (mailto:orphy.klempa@wvsenate.gov) ; _tmanchin(a)manchin-aloi.com_ (mailto:tmanchin@manchin-aloi.com) ; _barbaraf(a)wvhouse.gov_ (mailto:barbaraf@wvhouse.gov) ; _tcampbell(a)grcs.com_ (mailto:tcampbell@grcs.com) ; _woody.ireland(a)wvhouse.gov_ (mailto:woody.ireland@wvhouse.gov) ; _bill.anderson(a)wvhouse.gov_ (mailto:bill.anderson@wvhouse.gov) You can also call legislators’ Capitol offices Toll Free at 1-877-565-3447. Here are the top needs for a meaningful Marcellus bill: 1. Advance public notice of all stages in permitting and drilling 2. Adequate permit fees and bonding amounts 3. Protection of surface owners’ property and rights 4. Water withdrawal and disposal monitoring and permitting to protect streams and rivers 5. Enhance inspection of casing/cementing as critical for groundwater protection 6. Full protection of all water wells, with adequate setbacks and testing 7. Increased funding for more inspectors to assure safe practices 8. Reform method of certifying and selecting new gas inspectors 9. Removal and proper disposal of drilling pits 10. Disclosure of fracking fluid contents and safety plans for accidents 11. Protect public lands: state parks, wildlife areas, and state forests Please see attachment for a detailed “Essential Elements Needed for Regulation and Enforcement of Marcellus and Other Gas Wells”. Feel free to print and distribute copies to legislators and concerned citizens. Acting Governor Earl Ray Tomblin has said publicly that he would call a Special Session to deal with a Marcellus bill if the House and Senate could reach agreement on a bill. Make sure your ideas are part of that agreement. Thank you for taking action. Chuck Wyrostok Sierra Club Outreach Organizer Toll free 877 252 0257 E: outreach(a)marcellus-wv.com www.marcellus-wv.com

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Fwd: Clean air lawsuit
by Dee Fulton 21 Jul '11

21 Jul '11

Thanks, Betty. This is interesting. Dee -----Original Message----- From: Betty Wiley <betty.w304(a)gmail.com> To: abbychapple(a)aol.com; ahughes(a)cmu.edu; almostnixie(a)cs.com; badducchio(a)wvpubcast.org; bill.wonderlin(a)gmail.com; bill(a)byrnehedges.com; bpallay(a)comcast.net; brian_bliss(a)hotmail.com; ceh65471(a)windstream.net; concrete418(a)gmail.com; curtis.n.meeder(a)usace.army.mil; dhopey(a)post-gazette.com; eberhard.werner(a)mail.wvu.edu; ed.presley(a)hotmail.com; ejdennis(a)hotmail.com; greenewatersheds(a)gmail.com; greenlan(a)fairpoint.net; jdonovan(a)wvu.edu; jkotcon(a)wvu.edu; jroconnell(a)gmail.com; keith.breitenstein(a)gmail.com; leo(a)raeleo.com; madonna212(a)gmail.com; McIntyre.Regina(a)epa.gov; mgodby303(a)aol.com; mjanes(a)hardynet.com; oakmont44(a)windstream.net; pamela.nixon(a)wv.gov; rhunt(a)ovis.net; rkidsrcool(a)aol.com; rvagnetti(a)yahoo.com; sck(a)andrew.cmu.edu; shellyangel2005(a)yahoo.com; stephenjr311(a)gmail.com; tmiller(a)ctleng.com; tomburich(a)aol.com; wallace.venable(a)mail.wvu.edu; waltdorf(a)aol.com; woodswoman49(a)hotmail.com; Adam Webster <woodswanderer(a)hotmail.com>; andrew & vanessa price <aprice(a)westco.net>; andrew sandy liebhold <aliebhold(a)gmail.com>; Ann Payne <paynestake(a)frontier.com>; Bob Niedbala <niedbala(a)observer-reporter.com>; Brad. Durst <bdurst(a)wvca.us>; Brent Bailey <bbailey(a)mountain.org>; carolyn roble <clr0417(a)att.net>; Charles Vannatter <cvannatter(a)triadeng.com>; charlotte wright <Dancisin71(a)aol.com>; collier <rreilloc(a)hotmail.com>; deb fulton <dfvet(a)aol.com>; Deborah Ludwig <debludw(a)hotmail.com>; diane bozic <dbozic(a)windstream.net>; Donald Strimbeck <dcsoinks(a)comcast.net>; Downstream Alliance <cmains(a)mail.wvu.edu>; Duane330(a)aol.com <Duane330(a)aol.com>; Frank Borsuk <borsuk.frank(a)epa.gov>; Friends of Deckers Creek <ehansen(a)downstreamstrategies.com>; Funka Petery, Susan - Lemont Furnace, PA <petery4(a)windstream.net>; George Street <cbf1910(a)yahoo.com>; jeff and kathy fedan <intothewoods(a)frontiernet.net>; jfd22(a)juno.com <jfd22(a)juno.com>; John Harshbarger <johnm.harshbarger(a)gmail.com>; john yesenosky <justyjohn1(a)yahoo.com>; Julieann F. Wozniak <jwozniak(a)windstream.net>; kim shiemke <kshiemke(a)yahoo.com>; Linda Tennant <lktehs(a)gmail.com>; louanne fatora <lamccf(a)comcast.net>; Margaret WV <margaretwv(a)gmail.com>; Martin Christ <mchrist(a)labs.net>; Melinda Wiley <draykodog(a)gmail.com>; michael blackburn <blackb23(a)gmail.com>; Mike Breiding <mike(a)epicroadtrips.us>; Mountaineers RalwaysFree <mountaineerH2O(a)yahoo.com>; paul and fran baker <paulfran3(a)gmail.com>; paul ziemkiewicz <pziemkie(a)wvu.edu>; Peggy Pings <peggy.pings(a)mail.wvu.edu>; Pete Zapadka <jeremiah(a)exploretheline.com>; petra and john wood <pbjmwood(a)gmail.com>; ralph jannini from Jim O'Connell <rhjiv(a)windstream.net>; Razzle <razzle(a)windstream.net>; Rick W. Buckley <rbuckley(a)osmre.gov>; Rosemary <rosiebudwv(a)yahoo.com>; Tim Craddock <timothy.D.craddock(a)wv.gov>; tomyv1(a)hotmail.com <tomyv1(a)hotmail.com>; Warren1 <warren104(a)comcast.net>; Zane Shuck <wmaczane(a)earthlink.net> Sent: Thu, Jul 21, 2011 11:37 pm Subject: Clean air lawsuit Clean air group sues shale-drilling operation Thursday, July 21, 2011 By Don Hopey, Pittsburgh Post-Gazette A federal lawsuit alleges that Marcellus Shale gas well drilling operations in two Pennsylvania counties emit dangerous air pollutants in violation of the U.S. Clean Air Act, Pennsylvania's statewide air emissions plan and new source-review regulations. Citizens for Pennsylvania's Future, an environmental organization, filed the lawsuit today against Colorado-based Ultra Resources Inc. in U.S. District Court for the Middle District of Pennsylvania, and also formally asked the state Department of Environmental Protection to open up all its air pollution records for Marcellus drilling operations throughout the state. "Ultra's drilling operations in Tioga and Potter counties are emitting dangerous and illegal air pollution and operating without the required permits," said Jan Jarrett, president and chief executive officer of PennFuture. "Unless gas drillers operating in Pennsylvania control the air pollution from their operations, air quality will deteriorate, putting public health at risk." The lawsuit alleges that the Ultra opertions are emitting large quantities of nitrogen oxide pollutants and that the company drilled wells and constructed compressor stations and pipelines without receiving required state permits that limit air pollution emissions and without using equipment designed to meet the lowest achievable emissions rate. The suit also claims the air pollutants are creating serious health risks to those living downwind. According to the U.S. Environmental Protection Agency, even short-term exposure to nitrogen oxides can impair respiratory health, causing throat and lung inflammation and exacerbating asthma. It can also lead to higher concentrations of airborne particulate matter, which can cause heart attacks. More details in tomorrow's Pittsburgh Post-Gazette. Don Hopey: dhopey(a)post-gazette.com or 412-263-1983.

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report says "no significant health threats" from emissions in Fort Worth
by Dee Fulton 21 Jul '11

21 Jul '11

Fort Worth, TX July 14,2011 "The long awaited study by the Eastern Research Group did not reveal any "significant health threats." It also concluded the city's 600-foot setback for wells is adequate." http://www.wfaa.com/home/Air-Quality-study-released-125610653.html

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Energy Efficient West Virginia
by Duane330＠aol.com 19 Jul '11

19 Jul '11

Greetings to the MVCAC: Attached is the final version of our action alert, including talking points and a sample letter. The same info is also online at _http://www.eewv.org/get-involved_ (http://www.eewv.org/get-involved) . Please read this and reply; and, feel free to forward this to other interested parties. Thanks, Cathy Kunkel _cathykunkel(a)gmail.com_ (mailto:cathykunkel@gmail.com) _http://www.eewv.org/get-involved_ (http://www.eewv.org/get-involved) Energy Efficient West Virginia is a group of concerned West Virginia residents, businesses and organizations who have come together to promote energy efficiency among residential, commercial, and industrial customers in our state. In response to a 43% rate increase proposed by Appalachian Power Company in 2009, we created our organization to promote stronger energy efficiency policies that would help protect residents from future rate increases and drive a market for energy efficiency services. Given our old and inefficient housing stock and historic lack of investment in energy efficiency, there is huge potential for investing in energy efficiency and demand response programs that will help residents and businesses save money on their bills. Contact us at: energyefficientwestvirginia(a)gmail.com _Join our mailing list!_ (http://www.eewv.org/join-our-mailing-list)

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What the Frack is Going On?
by Paula Hunt 14 Jul '11

14 Jul '11

If you haven't seen/listened to this yet, you might try it; it's good: "My Water's On Fire Tonight (The Fracking Song) " http://www.youtube.com/watch?v=timfvNgr_Q4&feature=channel_video_title What the Frack is Going on? ............................................... The Dominion Post had a few interesting articles today (Thursday July 14, 2011). One started on the front page and included a a list of requests ("wishes") from the WV Environmental Council and the WV Surface Owners Rights Organization regarding what they would like to see in shale-gas drilling regulations. The other was in the Local section and talks about WVU offering vanpooling to save traffic, commuting costs, and air quality. ---------------------------------------------------------------------- paula

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Marcellus (all) Wells
by Robert Shumaker 14 Jul '11

14 Jul '11

Heard the govenor has issued some regulations on shale wells. One of the most important items to be included would be a requirement that a cement-bond log be run (1000 ft.) on every o/g well; that the drilling and logging company engineers certify there is an "excellent"(?) bond between the casing and rock wall of the well; and finally that a c opy of the log be sent in a timely manner (?) to the WV Geological Survey and the WV Oil and Gas comission, and that this log cannot be considered as confidential. A petroleum engineer/geologist should draw up the exact wording for any such reg. I have not heard anything about this subject in open dicussions thus far. Hope this is old news and is part of what is going on. Bob Shumaker

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Marcellus shale (all) wells
by Robert Shumaker 13 Jul '11

13 Jul '11

Not sure this got out so: Heard the govenor has issued some regulations on shale wells. One of the most important items to be included would be a requirement that a cement-bond log be run (1000 ft.) on every o/g well; that the drilling and logging company engineers certify there is an "excellent"(?) bond between the casing and rock wall of the well; and finally that a c opy of the log be sent in a timely manner (?) to the WV Geological Survey and the WV Oil and Gas comission, and that this log cannot be considered as confidential. A petroleum engineer/geologist should draw up the exact wording for any such reg. I have not heard anything about this subject in open dicussions thus far. Hope this is old news and is part of what is going on. Bob Shumaker (I would add a copy of the cement bond log also go to the WV Dept.of Enviornmental Safety.

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New Report Reveals Toxic Air Near Natural Gas Operations
by Jonathan Rosenbaum 12 Jul '11

12 Jul '11

http://wv4mom.org/content/new-report-reveals-toxic-air-near-natural-gas-ope… -Jonathan

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Southern Methodist (Armendariz) Report on Air Pollution in Dallas-Fort Worth
by Dee Fulton 07 Jul '11

07 Jul '11

Came across another great report while surfing on air pollution and shale. I came across these paragraphs in The Tyee, a British Columbia newsletter: http://thetyee.ca/Opinion/2011/07/07/ShaleEmissions/ "Al Armendariz at Southern Methodist University in Dallas, Texas and now a regional manager for the U.S. Environmental Protection Agency, got things off to a roaring start in 2009. That's when he calculated that the compressors and equipment required to drill the Barnett Shale (a 5000 square mile region in north Texas) released more smog-forming pollutants than all the cars, trucks and airplanes in the Dallas-Fort Worth area. The engineer also recorded that 7,700 wells in the Barnett Shale sent more CO2 and methane into the air than two 750 MW coal-fired power plants." I clicked on the link to the Armendiraz report. Full of good info. Look at the pie chart on page 25 of report......emission sources. http://www.edf.org/documents/9235_Barnett_Shale_Report.pdf Within that report, it says on page 1, Cost effective control strategies are readily available that can substantially reduce emissions, and in some cases, reduce costs for oil and gas operators. These options include: • use of "green completions" to capture methane and VOC compounds during well completions, • phasing in electric motors as an alternative to internal-combustion engines to drive compressors, • the control of VOC emissions from condensate tanks with vapor recovery units, and • replacement of high-bleed pneumatic valves and fittings on the pipeline networks with no-bleed alternatives. Back to The Tyee. A nice tidy summary of the Cornell study. This focuses on GHG impacts of shale drilling. "Then came a real myth buster from Cornell University. The ecologist Robert Howarth crunched some numbers and concluded that methane leaks and venting from shale gas wells (3.6 per cent to 7.9 per cent of production or twice as much as conventional gas) made the resource's carbon footprint 20 per cent to 100 per cent greater than coal over a 20-year period. (Methane has a 72 to 105 times greater impact than CO2 over a 20-year timeframe, but only a 25 to 33 times greater impact over a 100 year timeframe.) Howarth concluded that a lot the methane burped into the atmosphere during flow-back from fracking fluids and well completion. Substituting shale gas for coal or oil, he concluded, "may not have the desired effect of mitigating climate warming."

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Article from NYT
by Wonderlin, William 06 Jul '11

06 Jul '11

This is a very interesting article from the New York Times about how the economic benefits of fracking are not living up to expectations: http://www.nytimes.com/2011/06/26/us/26gas.html?_r=1&pagewanted=1 Bill

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More Fracking Effects
by Linda Shuster 30 Jun '11

30 Jun '11

The British Geological Survey believes earthquakes are a possible effect of fracking: http://www.independent.co.uk/news/science/small-earthquake-in-blackpool-maj…

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EPA promises action on air pollution
by Dee Fulton 30 Jun '11

30 Jun '11

EPA chief promises action on air pollution from gas drilling by Andrew Travers, Aspen Daily News Staff Writer Wednesday, June 29, 2011 Printer-friendly version Email this Story Environmental Protection Agency head Lisa Jackson said Tuesday her agency is working on air quality regulations for areas impacted by natural gas production and hydraulic fracturing. In an interview with National Public Radio’s Michele Norris at the Aspen Ideas Festival, Jackson said her agency is acting to control air quality in areas that are facing new impacts. “You are going to have huge smog problems where you never had them before,” she said. “These are rural areas. ... There is a lot of activity around those wells and that has an impact on air quality — and we know it already. The EPA will soon be coming out with regulations to deal with the air quality around natural gas production.” The regulations are expected to come at the conclusion of an ongoing two-year study. “Fracking,” as the process is commonly known, has been used extensively in Western Colorado and Garfield County to drill wells accessing natural gas deposits. Fracking entails injecting high-pressured chemical cocktails into the ground to break up rocks so the gas can be extracted. Its environmental impacts, or lack thereof, have been hotly debated both locally and nationally. Jackson said in a congressional hearing on fracking last month that there are no known cases of the practice polluting water, despite worries from the environmental community and areas adjacent to natural gas fields. She added Tuesday that keeping groundwater safe from fracking pollution means keeping natural gas companies in line, and monitoring how they protect drinking water while drilling. “If you get a bad operator in there,” she said, “someone who is not responsible, who is not seeing how important it is to get this right, they can contaminate an aquifer.” Meanwhile, she praised the promise of cleaner energy from natural gas production and the economic boom it has provided to areas like Garfield County. “Natural gas is an economic engine in communities that, literally a few years ago, didn’t have one ... All of a sudden they are literally boom towns,” she said. “I think natural gas production is an incredible opportunity for this country to transition to a cleaner fuel.” Whether the burgeoning industry fulfills its promise, she argued, will depend largely on convincing people fracking is safe and that natural gas is profitable. “Natural gas production will thrive in this country,” she said, “unless the American people and investors come to believe it’s not going to be financially viable or it’s going to hurt their health ... The way you avoid that is by stepping up to regulation rather than running from it.” Mistakes during BP spill? Heather Rousseau/Aspen Daily News EPA Administrator Lisa Jackson, right, and interviewer Michele Norris, left, host of National Public Radio’s All Things Considered, talk in a forum called “Protecting Public Health and Innovating for a New Energy Future,” during the Aspen Ideas Festival in the Greenwald Pavilion on Tuesday morning. Asked whether she believes her agency made any mistakes during the aftermath of last year’s massive BP oil spill off the coast of Louisiana, Jackson said the agency could have worked more efficiently with the U.S. Coast Guard. She also defended the EPA’s use of chemical dispersants to fight the spill. Jackson praised former Coast Guard head Thad Allen, but acknowledged a power struggle between them on who was in charge of oil on the shore and off of it. “I would have sat down earlier with Thad Allen, who I got along with and have tremendous respect for, and said, ‘Hey, let us do what we do best so that you can do what you do best.’ ... I think that could have helped a lot and I think it would have been a better partnership.” On dispersants, Norris asked Jackson about using chemicals that may have had harmful effects on the Gulf’s ecosystems in unknown and untested ways. Jackson said the risk was worth keeping more of the toxic oil from hitting the shore. “I think it was the right decision,” she said, “because we were trying to stop something that we won’t ever know what would have happened, which is a lot more oil coming on shore over a lot, lot longer period.” She said the struggle for the EPA was in getting BP not to over-use the dispersants, and to educate the public about why they were necessary. “The people of the Gulf region don’t know much,” the New Orleans native said, “but they know it sure doesn’t feel good to be putting millions of gallons of something else in there unless you absolutely have to.” Responding to Gore Jackson appeared to take in stride the recent criticism of her and the Obama administration levied by former Vice President Al Gore in a Rolling Stone magazine article. “Compared to some of the stuff that’s been said to my face, it was pretty mild,” Jackson joked. Gore accused the administration of not countering global warming deniers forcefully enough, and not making the scientific case for global warming in a 7,000-word essay titled “Climate of Denial.” “He has simply not made the case for action,” Gore wrote. “He has not defended the science against the ongoing, withering and dishonest attacks.” Jackson noted the prominence green jobs took in Obama’s campaign, and some of the administration’s work promoting carbon legislation. But, she said, the electorate isn’t calling for immediate action. “They’re not marching on Washington the way they did on Earth Day in the 70s,” she said. And, she added, Obama is doing what he can with the public will he’s been given. “He’s said, ‘Let’s do what we can do,’” Jackson said. andrew(a)aspendailynews.com Online E-edition WEATHER Current: 64° Mostly sunny Outdoor Recreation Movies Games Horoscopes Calendar « June 2011 » S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Visitor Guide Retail Aspen Snowmass Ski & Snowboard Rental Aspen Real Estate Access Aspen Properties Aspen Snowmass Real Estate Carol Dopkin Real Estate Inc. Greg Rulon-Joshua Co. Search Aspen Real Estate Services Aspen Rafting Colorado Fly Fishing Professional Internet Marketing Solutions Lodging Frias Properties of Aspen Ritz Carlton Destination Club Career Opportunities | Site Map | Contact Us Copyright © 2001 - 2011 Aspen Daily News

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Fwd: Public Comment Periods and Public Hearings on 2012 DEP Proposed Rules
by Dee Fulton 28 Jun '11

28 Jun '11

Egads. More reading. dee -----Original Message----- From: WVEC - Don Alexander <paradox(a)spectrumz.com> To: Dee Fulton <dfvet(a)aol.com> Sent: Tue, Jun 28, 2011 12:33 pm Subject: Public Comment Periods and Public Hearings on 2012 DEP Proposed Rules West Virginia Environmental Council Action Alert June 28, 2011 WVEC Alerts Archive Public Comment Periods and Public Hearings on 2012 DEP Proposed Rules The West Virginia Department of Environmental Protection has scheduled public hearings and comment periods for its 2012 proposed legislative rules. There are 10 proposed air rules changes this year. Here is the list, with a link to download or view the proposed rules: Division of Air Quality 45CSR8 – Ambient Air Quality Standards 45CSR14 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration 45CSR16 – Standards of Performance for New Stationary Sources 45CSR18 – Combustion of Solid Waste 45CSR19 – Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution Which Cause or Contribute to Nonattainment 45CSR25 – Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities 45CSR30 – Requirements for Operating Permits 45CSR34 – Emission Standards for Hazardous Air Pollutants 45CSR35 – Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans 45CSR42– Greenhouse Gas Emissions Inventory Program The public hearing for all air quality rules will take place at 6 p.m. on July 11 in the Dolly Sods Room at DEP’s Charleston headquarters, 601 57th Street S.E., Charleston, WV 25304. The comment period will begin on June 10 and end at the conclusion of the hearing. For more information on any of the DAQ rules call 304-926-0475. There are three other proposed agency rule changes: Division of Water and Waste Management 33CSR1 – Solid Waste Management Rule The public hearing for this rule will begin at 6 p.m. on Tuesday, July 12 in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. 33CSR20 – Hazardous Waste Management System The public hearing will take place at 6 p.m. on Tuesday, July 12, in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. For more information on any of the Water and Waste Management Rules call 304-926-0495. Division of Land Restoration 60CSR3 – Voluntary Remediation and Redevelopment Rule The public hearing for these rules will start at 6 p.m. on Thursday, July 12, in the Coopers Rock Training Room. The comment period will end at the conclusion of the hearing. For more information on any of the Division of Land Restoration rule call 304-926-0455. Copies of all the rules are available here: http://www.dep.wv.gov/pio/Pages/Rules.aspx Copies of the rules are also available from the Secretary of State’s office. You may also obtain hardcopies of the information by calling the phone numbers listed above. Oral and written comments will be limited to the proposed revisions and will be made a part of the rulemaking record. Written comments may be submitted by mail to the Public Information Office at DEP, 601 57th Street S.E., Charleston, WV 25304. Comments may also be e-mailed to DEP.Comments(a)wv.gov . Donald S. Garvin, Jr. WVEC Legislative Coordinator Dsgjr(a)aol.com Don Alexander WVEC E-mail List Coordinator Subscribe or Unsubscribe Online

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June Meeting Minutes
by Linda Shuster 28 Jun '11

28 Jun '11

Attached please find a copy, in pdf format, of the minutes from the June meeting. Linda

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LOE: Natural Gas and Greenhouse Gasses
by Jonathan Rosenbaum 27 Jun '11

27 Jun '11

The quick: http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=4 <http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=4> The long ..... In the Stop the Fracking in Morgantown Industrial Park Facebook Group Jeff Young initiated a discussion about the recent MIT report, http://web.mit.edu/mitei/research/studies/natural-gas-2011.shtml . He said, This is important reading for anyone who wants a serious, broader view of the environmental implications of the gas boom. Key findings are that we could cut the country's greenhouse gas emissions from the power sector by 20% simply by switching from coal to existing natural gas plants. There would also be enormous benefits in reducing mercury, SOx, NOx and other pollutants. As one could easily predict, the discussion became very long, and Jeff recently deleted it. Early in the discussion I introduced him to the Tyndall Study, http://www.tyndall.ac.uk/shalegasreport to provide another perspective. And this is the result: http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=5 <http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=5> On a side note: Some of you probably remember how in the past I have spoken about the MIT report, John Deutch, the DOE, and Cheniere. :) Note: In the same LOE show there is also a discussion about injection induced earthquakes: http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=4 <http://www.loe.org/shows/segments.html?programID=11-P13-00025&segmentID=4> -Jonathan

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EPA programs provide useful information on air pollution
by Duane330＠aol.com 27 Jun '11

27 Jun '11

EnviroBytes, a Summary of Issues and Events for weeks ending June 17, 2011 and June 24, 2011 EPA OFFERS ADVICE TO HELP ASTHMATICS DURING THE SUMMER MONTHS EPA's asthma program is offering useful advice to asthma sufferers and other vulnerable populations to reduce their exposure to asthma triggers and prevent unnecessary admission to hospitals and emergency rooms. Asthma affects 25 million people in the United States and one out of every 10 school-age children. It helps to keep aware of rising air pollutant levels through EPA's Air Quality Index website (_http://www.airnow.gov/_ (http://www.airnow.gov/) ) and limit strenuous outdoor activities when pollution levels are high. For more information, go to _http://www.epa.gov/reg3artd/asthma/asthma.htm_ (http://www.epa.gov/reg3artd/asthma/asthma.htm) and _http://www.epa.gov/asthma/awm/_ (http://www.epa.gov/asthma/awm/) . EPA IMPROVES INFORMATION ON TOXICITY AND EXPOSURE TO INDUSTRIAL CHEMICALS EPA announced the release of two new chemical safety databases to improve public access to the toxicity and safety of chemicals. _ToxCastDB_ (http://actor.epa.gov/actor/faces/ToxCastDB/Home.jsp) (data from screening 1,000 chemicals) facilitates prioritizing chemicals requiring further testing. _(ToxRefDB)_ (http://actor.epa.gov/toxrefdb/faces/Home.jsp) (30 years of animal toxicity studies) provides data on exposure statistics including amounts found in food, drinking water, air, dust, indoor surfaces and urine. They are connected through the _ACToR_ (http://actor.epa.gov/) online resource that collects, links and compares data on more than 500,000 chemicals from more than 500 public sources. FEDERAL RADON ACTION PLAN BRINGS AWARENESS OF THE DANGERS OF RADON TO LOW-INCOME FAMILIES EPA joined forces with other federal agencies to reduce exposure to radon -- a naturally occurring, invisible and odorless radioactive gas -- to protect Americans from the leading cause of lung cancer in non-smokers and of an estimated 21,000 deaths each year. The Federal Action Plan promotes awareness of radon's dangers to approximately 7.5 million buildings and homes and helps low-income families protect their homes and loved ones. For more information, go to _http://www.epa.gov/radon/action_plan.html_ (http://www.epa.gov/radon/action_plan.html) EPA EXTENDS PUBLIC COMMENT ON A PROPOSED DRAFT RULE TO REDUCE MERCURY AND OTHER TOXIC POLLUTION FROM POWER PLANTS On June 21, EPA extended the comment period on the proposed draft mercury and air toxics standards rule by 30 days from July 5 to Aug. 4 while not altering the final issuance of the standards in November 2011. More than half of all coal-fired power plants already use widely available pollution control technologies to meet the standards and protect public health. The remaining roughly 44 percent of coal-fired plants are also expected to follow suit to reduce pollutants, prevent heart attacks, and premature deaths. For more information, go to _http://epa.gov/airquality/powerplanttoxics/_ (http://epa.gov/airquality/powerplanttoxics/)

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Quote of the week: "wing nut organizations ... friends of the whatever"
by Duane330＠aol.com 25 Jun '11

25 Jun '11

The Associated Press June 21, 2011 Gas industry cranks up PR push on W.Va. drilling By VICKI SMITH, MORGANTOWN, W.Va. As the rhetoric heats up over natural gas drilling in West Virginia's portion of the Marcellus shale field and opposition to the unconventional deep wells grows, the industry is cranking up the public relations machine. At a conference in Morgantown on Tuesday, the Independent Oil and Gas Association of West Virginia touted its 4-week-old "Just Beneath the Surface" campaign and website. President Mike McCown said it's designed to provide factual information to anti-drilling groups he referred to as "wing nut organizations ... friends of the whatever" -- groups that he argues should be supporting one of the state's most promising economic engines. _http://www.businessweek.com/ap/financialnews/D9O0EMFO0.htm_ (http://www.businessweek.com/ap/financialnews/D9O0EMFO0.htm)

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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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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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TODAY: Hearing at 1:30 over ban
by Jonathan Rosenbaum 24 Jun '11

24 Jun '11

We discussed it yesterday, and here it is today. Please attend if you can make it. Thank-you. -------- Original Message -------- Subject: FOR YOUR INFORMATION Date: Fri, 24 Jun 2011 11:34:50 -0400 From: Kay Kash <frackinquestions(a)gmail.com> To: Ann Payne <Paynestake(a)frontier.com> _Everyone: Consider Going to this as a Silent Witness_ Last night the drillers filed papers for a Temporary Restraining Order to stop enforcement of the City's Moratorium Ordinance. The hearing is today Friday at 1:30 in Judge Clawges' courtroom, 3rd floor, right side of Courthouse. We need to pack the courtroom. Bob Bastress, representing the city is defending Please get the word out ASAP

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links to Garfield County and Dish air quality reports
by Dee Fulton 24 Jun '11

24 Jun '11

Here's the page on FrackCheckWV.net that has links to the research reports from Garfield Co and Dish TX. I'm shooting this out for those who can't stand the suspense of waiting until next week to get the capsule reviews. I can put together a short summary for each next week after i get back. Dee http://www.frackcheckwv.net/links/websites-and-reports/

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Meeting Thursday at 7 PM
by Duane 20 Jun '11

20 Jun '11

Paula has come up with Agenda ideas. Here is a close approximation. 1. Introductions 2. Air pollution aspects of Marcellus wells at Morgantown Industrial Park. 3. Report on Appeal of Air Permits for compressors in Wetzel county. 4. MVCAC budget and plans for the future. Meet this coming Thursday at 7 pm at the UU Fellowship, the A-frame building overlooking University Avenue, a couple blocks south of the College of Law.

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FW: Coal cares (not!)
by Peggy Filios 18 Jun '11

18 Jun '11

Thought this might be a diversion for all. I particularly like the comment that came with this message - Peggy -----Original Message----- From: Mark Mendell .Sent: Friday, May 13, 2011 1:35 PM .Subject: Coal cares It's hard to be cynical enough to keep up, these days -- http://coalcares.com/index.html

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Meeting Thu, June 23 at 7 pm
by Paula Hunt (pjhunt＠xemaps.com) 16 Jun '11

16 Jun '11

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Q & A Session today @ Airport Annex @ 3 PM
by Duane330＠aol.com 16 Jun '11

16 Jun '11

QUESTION AND ANSWER SESSION SET FOR JUNE 16TH IN MORGANTOWN As a participant or friend of the Mon Valley Clean Air Coalition and/or the Morgantown Area Concerned Citizens, you are specifically invited to attend a Q & A Session on legal aspects of natural gas drilling in West Virginia with emphasis on the two Marcellus wells permitted near the Morgantown Industrial Park. DATE: This Thursday, June 16th. TIME: 3:00 to 4:30 pm LOCATION: Morgantown Airport Annex ATTORNEYS: Lisa Furbee Ford, Clarksburg; Corey T. Zurbach, Aspen CO, & Marc Bern, NYC. If any questions arise prior to this meeting, please email me or call me on _304-216-5535_ (tel:304-216-5535) . NOTE: THIS ANNOUNCEMENT IS NOT FOR PUBLIC DISTRIBUTION. Duane Nichols. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> INFORMATION SESSION: A public session entitled "Know Your Rights" is being conducted by these attorneys at the Waterfront Place Hotel, Salon D, on Thursday evening from 6:30 to 8:00 pm. Their advertisement on Page 4-A of the Dominion Post today (Sunday, June 12th) indicates topics of air pollution, water contamination, property damages, and possible health effects. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

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Re: [MVCAC] Special Invitation to Q & A Session on Legal Aspects
by Duane330＠aol.com 12 Jun '11

12 Jun '11

In a message dated 6/12/2011 2:47:52 PM Eastern Daylight Time, jkotcon(a)wvu.edu writes: There is an ad in today's Dominion Post (page 4-A) by the same folks for a session at the Waterfront Hotel at 6:30 Thursday. How are these related? Jim. I have arranged the meeting at the Airport, from 3 to 4:30 for the Mon Valley Clean Air Coalition and the Morgantown Area Concerned Citizens. This meeting is not advertised, only announced to these two groups. I am hopeful that the MACC people will include as many as possible from Westover and South Park or First Ward that live closest to the Morgantown Industrial Park. The lawyers on their own have arranged a public meeting at 6:30 pm. They were coming to Morgantown anyway, so I have taken advantage of their presence to get us a special session. Duane

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Re: [MVCAC] Special Invitation to Q & A Session on Legal Aspects
by James Kotcon 12 Jun '11

12 Jun '11

There is an ad in today's Dominion Post (page 4-A) by the same folks for a session at the Waterfront Hotel at 6:30 Thursday. How are these related? JBK >>> 06/12/11 1:56 PM >>> QUESTION AND ANSWER SESSION SET FOR JUNE 16TH IN MORGANTOWN As a participant or friend of the Mon Valley Clean Air Coalition and/or the Legal Information Committee of the Morgantown Area Concerned Citizens, you are specifically invited to attend a Q & A Session on legal aspects of natural gas drilling in West Virginia with emphasis on the two Marcellus wells permitted near the Morgantown Industrial Park. DATE: This Thursday, June 16th. TIME: 3:00 to 4:30 pm LOCATION: Morgantown Airport Annex ATTORNEYS: Lisa Furbee Ford, Clarksburg; Corey T. Zurbach, Aspen CO, & Marc Bern, NYC. If any questions arise prior to this meeting, please email me or call me on 304-216-5535. NOTE: THIS EMAIL IS NOT FOR PUBLIC DISTRIBUTION. Duane Nichols. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> INFORMATION SESSION: A public session entitled "Know Your Rights" is being conducted by these attorneys at the Waterfront Place Hotel, Salon D, on Thursday evening from 6:30 to 8:00 pm. Their advertisement on page two of the Dominion Post today indicates topics of air pollution, water contamination, property damages, and possible health effects. You can of course attend this latter session if you have a conflict at 3:30 pm. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> cc: MVCAC, Steering Committee MACC.

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Special Invitation to Q & A Session on Legal Aspects
by Duane330＠aol.com 12 Jun '11

12 Jun '11

QUESTION AND ANSWER SESSION SET FOR JUNE 16TH IN MORGANTOWN As a participant or friend of the Mon Valley Clean Air Coalition and/or the Legal Information Committee of the Morgantown Area Concerned Citizens, you are specifically invited to attend a Q & A Session on legal aspects of natural gas drilling in West Virginia with emphasis on the two Marcellus wells permitted near the Morgantown Industrial Park. DATE: This Thursday, June 16th. TIME: 3:00 to 4:30 pm LOCATION: Morgantown Airport Annex ATTORNEYS: Lisa Furbee Ford, Clarksburg; Corey T. Zurbach, Aspen CO, & M arc Bern, NYC. If any questions arise prior to this meeting, please email me or call me on 304-216-5535. NOTE: THIS EMAIL IS NOT FOR PUBLIC DISTRIBUTION. Duane Nichols. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> INFORMATION SESSION: A public session entitled "Know Your Rights" is being conducted by these attorneys at the Waterfront Place Hotel, Salon D, on Thursday evening from 6:30 to 8:00 pm. Their advertisement on page two of the Dominion Post today indicates topics of air pollution, water contamination, property damages, and possible health effects. You can of course attend this latter session if you have a conflict at 3:30 pm. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> cc: MVCAC, Steering Committee MACC.

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Community Environmental Legal Defense Fund (CELDF)
by Duane330＠aol.com 02 Jun '11

02 Jun '11

The Concerned Citizens for Safe Air and Water were formed by Kathy Cash, Sandra Fallon, Alice Meehan, Ann Payne, Catherine Tall out of concern for the Marcellus shale drilling permits at the Morgantown Industrial Park. They organized a large meeting at the Morgantown High School on Friday night, May 20th. The attendees divided up into 5 committees – one of which was the legal committee chaired by Kitty Lozier and Duane Nichols. I was unable to attend the meeting at MHS. The legal committee was interested in finding out how the cities of Pittsburgh, Buffalo and other locations had adopted their bans against shale gas extraction. They learned that the technical assistance had been provided to each of these city councils by the Community Environmental Legal Defense Fund. The program director responsible for the ban ordinances was Ben Price. Price was familiar with the Wellsburg ordinance and has been working with the Pocahontas County citizens in WV as well. Kitty and Duane were able to set up a conference call with Ben Price and with the some of the rest of the committee members at 2 p.m. on Thursday, May 26. The legal committee asked Jenny Selin and me to join them because of our council activity in support of the resolutions that I drafted before the previous City Council Meeting on May 17. During the first conference call Price offered to draft an ordinance and to come to Morgantown to speak in its support. The committee members on the call were pleased with his offer. Nichols offered to coordinate the arrangements. A second call was set up for May 27 at 4 p.m. in which I was unable to participate. Late Thursday afternoon I did, however, call the City Manager and asked him to place the consideration of an ordinance “protecting public health, public safety and public welfare” on the agenda for the May 31 Committee Of The Whole Meeting – even though at that time (because Chambersburg services being disabled by the violent storm earlier Thursday), we had not yet received a copy of the draft. The first draft became available for the 4 p.m. Friday call. I received my draft about 8 p.m. that evening when I returned home (May 27). On Saturday a.m. I made several calls (which were difficult to complete due to the holiday weekend), and then called Price back on Monday (May 30) noon with some recommended changes and corrections that had been suggested by different persons. I received a copy of the revised draft that would be presented at the meeting by Councilor Selin late Monday evening. All of this push was deemed necessary because of the state of the drilling plans and preparation on the drill site across the Mon river. Waiting a month until the June COW made no sense at all to anyone on the committee. I was unable to contact Mayor Byrne throughout the weekend and finally after consultations with Councilor Selin did sent out the copy of the proposed ordinance to the full Council at 9:00 a.m. on Tuesday morning. I did not consult with the City Manager before sending out the material to the Council. But copies of the email and the ordinance were sent to Terrance Moore and Jeff Mikorski simultaneously with the 9 a.m. Council mailing. The names of the persons on the original conference call on May 26 were as follows: Kitty Lozier, League of Women Voters Jenny Selin, City Council Member Don Spencer, City Council Member and Deputy Mayor until June 30 Linda Shuster, Mon Valley Clean Air Coalition Robert Bastress, Professor, WVU College of Law Evan Hansen, Environmental Consultant, Downstream Technologies Duane Nichols, Monongahela Area Watersheds Compact Members of the legal committee of the Concerned Citizens for Safe Air and Water hosted Price and paid for his travel and lodging from Chambersburg, PA. Don Spencer, Morgantown City Council >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> THE DRAFT ORDINANCE, ATTACHED, WAS INTRODUCED TO CITY COUNCIL IN THE "COMMITTEE OF THE WHOLE" THIS PAST TUESDAY. AFTER EXTENDED DISCUSSION IT WAS "FORWARDED TO RESEARCH" RATHER THAN BEING "FORWARDED TO THE AGENDA FOR THE UPCOMING COUNCIL MEETING ON JUNE 7TH. THREE OTHER RESOLUTIONS HAVING TO DO WITH THE MARCELLUS DRILLING WERE "FORWARDED TO THE AGENDA" FOR THE JUNE 7TH MEETING, ONE OF WHICH WAS A BAN ON DRILLING WITHIN THE CITY LIMITS AND EXTENDING OUT ONE MILE PATTERNED AFTER THE WELLSBURG (wv) BAN ON SUCH DRILLING. Mayor Bill Byrne says that the CELDF ordinance (attached) has a very weak legal foundation, and is no consistent with State law. Ben Price of the CELDF says that the Wellsburg ban has a weak foundation and can be easily overturned in the future. We shall see if anything gets done in future City Council meetings.

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Re: [MVCAC] Marcellus Shale Drilling at Morgantown Industrial Park
by James Kotcon 31 May '11

31 May '11

I support asking City Council to seek an injunction. I am cautious about having MVCAC file such a legal action without more detailed information. I have heard of the legal basis for the CITY to intervene, but am unaware of how an independent entity such as ourselves could demonstrate standing. The air rules do not offer a lot of legal leverage for intervening in gas wells, thus, we would need to appeal of the adequacy of the WV State Implementation Plan under the Clean Air Act. Thus, such a suit would need to go all the way to federal Court, and perhaps the 4th Circuit Court of Appeals as well. This process would take months, and we would need significant legal resources to carry this out. Winning such a case would not be cheap, and filing one, then losing, would set a disastrous precedent. If someone has those answers, I would be supportive. Jim Kotcon >>> Linda Shuster 05/29/11 4:28 PM >>> To: Participants of the Mon Valley Clean Air Coalition From: Linda Shuster, Secretary RE: Injunction to Stop Marcellus Shale Drilling at Morgantown Industrial Park It has been proposed that the Mon Valley Clean Air Coalition take the following actions: 1. Ask the Morgantown City Council to seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible. 2. Obtain legal representation so that MVCAC can seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible. PLEASE REPLY AS SOON AS POSSIBLE, either to the list or to Duane at Duane330(a)aol.com. Linda Shuster, Secretary, MVCAC

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FW: Gas Well Development
by Peggy Filios 30 May '11

30 May '11

i do not know the author of this message. it came through the suncrest neighborhood assoc. email dist. list. peggy ----Forwarded Message---- From: wvredsoxfan(a)yahoo.com To: suncrestna(a)gmail.com Sent: Mon May 30th, 2011 9:39 PM EDT Subject: Gas Well Development I worked earlier in my career in the oil and gas drilling industry in Roswell, New Mexico; and Meeker, Colorado with the U.S. Bureau of Land Management. I share the following with you; At the council meeting there were a lot of sincere "environmental" advocates who spoke with great emotional concern for our town. They missed covering some big technical issue associated with drilling in a narrow river valley town like Morgantown. There is no where for polluted air or noise from well operations to go in a small steep river valley town like Morgantown, it becomes trapped. I have worked around drill pads and drill rigs. There is all kinds of machinery operating on a drill pad, and it is loud and goes 24/7 for economic and engineering reasons. Drill site operations are totally insensitive/non-responsive to impacts on the "local human environment." NOISE is a big factor when it is all bundled up and has nowhere to go, except right into neighborhoods and homes in the bottom of a little river valley like Morgantown. Someone better do a noise impact study in this river valley before the well operations commence. There are serious air pollution issues involved in gas well operations. When we have our routine weather inversions the effluents from the well operations will not be going up into the sky. The effluents will end up being concentrated and stagnant/trapped in our small steep walled river valley. The effluents can't go up, they will just move side ways, up and down the river valley through Morgantown. The noise and air pollution issues are not rocket science, and these factors/impacts are real, I know I worked in oil and gas fields. Last there is the air, noise, and visual impacts generated when the wells have to "flared" to control well head pressure, and purify the well. The noise sounds like a jet engine, you can see the fireball for miles. Flaring wells in a river valley residential community will not be accepted gracefully. Pls look at attachments thx jg

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Marcellus Shale Drilling at Morgantown Industrial Park
by Linda Shuster 30 May '11

30 May '11

To: Participants of the Mon Valley Clean Air Coalition From: Linda Shuster, Secretary RE: Injunction to Stop Marcellus Shale Drilling at Morgantown Industrial Park It has been proposed that the Mon Valley Clean Air Coalition take the following actions: 1. Ask the Morgantown City Council to seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible. 2. Obtain legal representation so that MVCAC can seek an injunction to stop the Marcellus Shale drilling at the Morgantown Industrial Park as soon as possible. PLEASE REPLY AS SOON AS POSSIBLE, either to the list or to Duane at Duane330(a)aol.com. Linda Shuster, Secretary, MVCAC

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"DON'T FRY DAY" TOMORROW
by Duane330＠aol.com 26 May '11

26 May '11

FRIDAY, MAY 27 DESIGNATED AS "DON'T FRY DAY" The Friday before Memorial Day is "Don't Fry Day" to remind the public about the dangers from exposure to the sun's ultra-violet rays and that melanoma is now a serious form of skin cancer among young adults aged 25 to 29. EPA's SunWise program and the National Council on Skin Cancer Prevention have partnered to provide simple protective tips that could save lives, including using sunscreen, sunglasses or wearing a hat while enjoying the great outdoors. For more information, go to _http://www.epa.gov/sunwise/dfd.html_ (http://www.epa.gov/sunwise/dfd.html) Actualities (sound bites): _http://www.epa.gov/adminweb/multimedia/newscontent/2011-5-23-oa/index.html_ (http://www.epa.gov/adminweb/multimedia/newscontent/2011-5-23-oa/index.html) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> KEEP COOL THIS SUMMER WHILE SAVING MONEY, REDUCING POLLUTION On May 19, EPA's Energy Star program issued its summer list of ideas to help cut cooling costs and protect public health. The list includes using more efficient light bulbs, setting thermostats a few degrees higher when not at home, using ceiling fans, maximizing shade, reducing oven use, using air conditioner filters, and plugging duct system leaks. Last year Energy Star saved Americans approximately $18 billion on energy bills while preventing greenhouse gas emissions equivalent to the annual emission of 33 million vehicles. To reduce your energy costs this summer, go to _http://www.energystar.gov/cooltips_ (http://www.energystar.gov/cooltips) Help protect the environment through "Energy Stars Across America": _http://www.energystar.gov/starsmap_ (http://www.energystar.gov/starsmap)

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Statement on Monongalia County Courthouse, May 25, 2011.
by Duane330＠aol.com 26 May '11

26 May '11

REGARDING: Two Marcellus Shale Gas Well Drilling Permits at the Morgantown Industrial Park So far as I know, the permitting process continues in Charleston. State employees in Charleston are at work granting new permits for Marcellus wells across our state. The Office of Oil and Gas is currently doing a regulatory review to determine what changes can be made. But, they seem to think that the needed changes will require the Legislature to pass proposed regulations and the Governor to approve them. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Now let me talk about the legal situation here locally. I believe that legal action would be useful to try to stop or limit the activities already underway here in the Mon Valley. And, I am working hard with a number of other concerned citizens to provide information for the evaluation of such actions. I am concerned about the location of the two permits that have already been granted, because of their proximity to public schools, to residences in Westover and Morgantown, and to the other businesses in the Morgantown Industrial Park. As you know, legal activities involve detailed and comprehensive analyses of the facts and of the existing laws. And, there are expenses or costs to consider that must be covered in some way or another. That being said, a couple of different legal options are currently being evaluated to limit the impacts of the Marcellus well now being drilled and/or other similar wells in the same vicinity. While these activities are moving along fairly rapidly, it would be premature to describe further details at this time. I will be in touch with those who have provided me with contact information within about a weeks time. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> I do think that we all are doing something extremely important in protesting these two wells. And, I wonder just how much more protesting it is going to take before the Mayor of Morgantown gets the message, before the Monongalia County Commission gets the message, before the Cabinet Secretary of the West Virginia DEP gets the message, and before the Governor gets the message. The local newspaper, the Dominion Post gets the message, as printed in their editorial this past Sunday. That editorial said …….. “We the people finally showed up last week. More than 100 people rallied at the Monongalia County Courthouse against several Marcellus shale wells near the Monongahela River. By all accounts it was the first significant public protest against the booming Marcellus shale drilling operations spreading across northern West Virginia. Another protest at Morgantown’s City Hall preceded the courthouse rally. At least 20 people spoke out against the wells at a recent city council meeting. The wells are located about 1,500 feet from the greater Morgantown area’s drinking water intake site, near the treatment plant.” “We have no evidence that Northeast Natural Energy isn’t up to the job of operating these wells safely. However, aside from the protesters, many members of this community — including this newspaper — are shocked that a site so near our community’s water intake was even considered by this company, let alone approved by state regulators. The process in which this happened is unacceptable.” “We call on all West Virginians to not forget legislators who, earlier this year, impeded attempts to pass a bill to alter this process. If the only recourse the public has to protect its drinking water is to stand upon our First Amendment rights — to assemble, to petition, to speak out and report on these wells — then so be it. We urge the public — students, property owners, environmentalists and everyone else — to keep protesting these wells and this industry until regulations are on the books and inspectors are in the field to enforce them.” ______________________________________________________________ I, for one, believe that both the Governor and the Cabinet Secretary of the WV Department of Environmental Protection have the authority, indeed the responsibility, to listen to recommendations regarding this current situation, to evaluate and make changes to their procedures within the existing laws, to see that risk assessments are performed, to stop activities that are a real risk to human health and the environment, and to warn the public about environmental conditions that threaten the public welfare. I believe that the WV-DEP could immediately start new procedures of public notice for new well applications and a thirty day comment period. A new set of criteria could be put into place by the WV Office of Oil and Gas to establish better conditions under which permits should not be granted, as in the case of the two permits here. In that respect, two mistakes were made when these two permits were granted because adequate consideration of all the important factors did not happen, in my opinion. The Governor has a responsibility to provide leadership more generally on environmental issues, to help the Legislature address State-wide problems (and this is one such), to help the Departments of government under his jurisdiction to regulate the industries that pollute our land, water, and air, and to help the people out in the rural areas, in the suburbs, and in the cities in a cooperative approach to preserve our quality of life. Thank you. Duane Nichols, Courthouse Square, May 25, 2011.

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CONCERN FOR MARCELLUS WELLS IN OUR AREA
by Duane 24 May '11

24 May '11

COMMUNITY COALITION FOR SOCIAL JUSTICE May 25 We are growing! Keep up the momentum! Let's Hear YOUR Voice Again and Again!! Together we can STOP Marcellus Gas Drilling at Morgantown Industrial Park Upstream of Morgantown's Drinking Water Plant Near County Schools! PLEASE COME to a Community-side Rally to Express YOUR Concerns and Questions WHERE: Mon County Courthouse Square, High Street, Downtown Morgantown WHEN: Wednesday, May 25, Noon to 1:00 pm Bring Your Kids, Bring Your Friends, Bring a Sign (g-rated) Please forward this announcement to your friends, family and neighbors. Rally contact: frackinquestions(a)gmail.com June 2 PUBLIC MEETING ON THE ADVERSE IMPACTS OF MARCELLUS NATURAL GAS ACTIVITIES: WHERE ARE WE, WHERE ARE WE GOING Date: Thursday, June 2, 2011. Time: 6:15 PM SHARP. [Doors Open at 6:00 PM]. Location: Skyview Elementary School (near Marcellus well site) [Off River Road just South of DuPont Road, South of Westover] SPONSORS: WV/PA Monongahela Area Watersheds Compact (Barry Pallay & Duane Nichols) and the League of Women Voters (Kitty Lozier, Phyllis Marshall, Janice Gunel, Jonathan Rosenbaum) Welcome and Introductions (Identification of Groups Present). Barry Pallay, Co-Chair Watersheds Compact, VP UMRA Overview of Permitted Wells near Morgantown Industrial Park In Relation to MUB Water Intake, Local Schools and Other Facilities. Evan Hansen, President, Downstream Strategies The AES Sweetwater Facility for Recycling Marcellus Frackwater Being Installed at theMorgantown Industrial Park. Duane Nichols, Co-Chair Watersheds Compact The Proposed Preston County Landfill for Marcellus Wastes Under Consideration in the Cheat Watershed. Amanda Pitzer, Friends of the Cheat. Review of Marcellus Natural Gas Development Activities in Pennsylvania. Martin Niverth, UMRA. Update on Wetzel County Marcellus Developments. Bill Hughes, Wetzel County Action Group Status Report on Activities to Ban Marcellus Drilling in and around Morgantown and the Watershed that Provides Drinking Water to Morgantown. Speaker TBA Update on the Citizens Stream Monitoring Program of the Isaac Walton League. John Butler West Virginia Source Water Protection, Certification & Training Program. How Does It Relate toMorgantown Needs. Bill Toomey, DHHR, Bureau of Public Health WVU Source Water Protection Resource Program. How Does It Relate to Morgantown Needs. Gerald Iwan, WVU National Environmental Services Center WV-DEP Division of Water & Waste Management Programs Related to Source Water Protection, How Does It Relate To Morgantown Needs. Invited. WV-DEP Division of Air Quality Programs Related to Air Quality Protection. How Does It Relate to Morgantown Needs. Invited. The Land Protection Program of the WV-DEP Office of Oil and Gas Land/Mineral Protection Programs. How Does It Relate To Morgantown Needs. Invited. Army Corps of Engineer Water Resources and Management Programs, How Does It Relate ToMorgantown Needs. TBA Morgantown Utility Board (MUB) Programs, How Does It Relate To Morgantown Needs. Tim Ball, Director, MUB Update on Activities of the Morgantown Area Concerned Citizens. Kathy Cash, Sandra Fallon, Ann Payne, Alice Meehan, Catherine Tall Listing of the Concerns of the Groups Present. Barry Pallay, Facilitator Resolutions on Water, Air and Land Protections Programs. Barry Pallay, Facilitator Concluding Remarks and Announcements Duane Nichols, Home- 304-599-8040, Cell- 304-216-5535.

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RSVP: Two Direct Action Workshops This Weekend in Morgantown
by Joe Gorman 19 May '11

19 May '11

Direct Action Training and Strategy Meeting http://www.facebook.com/event.php?eid=218085798221625 Time: Saturday, May 21 · 9:00am - 12:00pm Location: Morgantown Church of the Brethren/Mennonite Church USA, 464 Virginia Avenue, Morgantown, WV This workshop prepares participants to engage in direct action. The training includes an introduction to different forms of civil disobedience, discussion of which types of action are strategic in Morgantown, an overview of rights and legal procedure, and media training. A meeting to plan a direct action or actions will follow from 1pm to 3pm, location to be announced at the training. Facilitators are Laura Steepleton of the West Virginia mountaintop removal abolition movement and Pennsylvania anti-fracking activist Alex Lotorto. Coffee and tea will be provided. Note: If you will be attending this training, it is highly recommended that you attend the community meeting Friday night at 7:00 pm in the Morgantown High School Cafeteria! For more information contact Joe Gorman, joe(a)seac.org Introduction to Nonviolent Action http://www.facebook.com/event.php?eid=131386800270292 Time: Sunday, May 22 · 7:00pm - 9:00pm Location: Morgantown Church of The Brethren/Mennonite Church USA 464 Virginia Ave., Morgantown, WV Created By: Carrie Weller Eikler This workshop is an introduction to nonviolence as a method of social change. It is geared as a forum for those new to exploring nonviolent action. A background in the theory of nonviolence, role playing and response rehearsal will make up the majority of this workshop. Bob Gross, facilitator, is a nonviolence educator and Executive Director of On Earth Peace. There will be no official direct action planned for this meeting, although ideas are welcomed and formal or informal connections to pursue direct actions may likely form. If you are part of direct action planning prior to this workshop, our facilitator can help. For those who are interested in planning direct action, consider attending the Direct Action and Strategy Meeting on Saturday from 9-11 at Morgantown Church of the Brethren. For more information about this event contact Carrie at 304-292-0711, ceikler(a)morgantowncob.org Please RSVP so we can adequately prepare our facilitator!

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Please Forward Widely: Morgantown Frack Permits
by Joe Gorman 18 May '11

18 May '11

Use these to keep Northeast Natural Energy accountable to their plans! http://www.archive.org/details/Api47-6101622 http://www.archive.org/details/Api47-6101624 -joe

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Re: [MVCAC] <DRAFT> Marcellus Wells in Morgantown: Propose additions or corrections?
by Paula Hunt 18 May '11

18 May '11

I have to agree with Bob Shumaker. The first sentence is too simplified and broad; I don't believe it is what MVCAC really wants to say. The vast majority of gas wells (both vertical and horizontal in any formation) are fracked, so it sounds as if we want all gas-well drilling to cease immediately. I know the Council meeting was last night and time is of the essence, but I feel if we make a statement it needs to be carefully crafted. Dr. Shumaker has the expertise to help, if he has the rime (sorry to volunteer you Bob). - paula --- rcshumaker(a)mail.wvu.edu wrote: From: "Robert Shumaker" <rcshumaker(a)mail.wvu.edu> To: <Duane330(a)aol.com>,<mvcac(a)cheat.org> Subject: Re: [MVCAC] <DRAFT> Marcellus Wells in Morgantown: Propose additions or corrections? Date: Tue, 17 May 2011 16:43:56 -0400 The first two sentences make it sound as if MVCAC is against all wells into gelogic formations. I presume that your mean the two wells up-stream from our water supply. To be against all gas wells is a very radical position whcih places MVCAC at the extreme end of the spectrum. I hope that people understand that there are perhaps 100,000 wells in the Huron shale (near the Marcellus) across the Appalachian basin that currently supply relatively clean natural gas for many of us in our homes. We use it every day. <Duane330(a)aol.com> 5/17/2011 10:25 AM >>> MON VALLEY CLEAN AIR COALITION (MVCAC) Marcellus Gas Well In Morgantown Industrial Park The MVCAC opposes the drilling of natural gas wells into the Marcellus or other geologic formations involving hydro-fracking or other pressurized methods of breaking the formation. Pressurized fracturing methods result in hazardous and dangerous conditions for the local workers, for the local residents, and for the public and private facilities nearby. The two Marcellus wells recently sited at or near the Morgantown Industrial Park are too close to the other facilities of the Industrial Park, too close to the Skyview Elementary School, too close to the Westwood Middle School, too close to the County Athletic Field between these schools, and too close to the City of Morgantown. Air emissions are known to occur from such Marcellus wells during the drilling process, during the fracking process, during the completion process, and during the long period of their continuous operation (perhaps 30 years or more). These emissions include diesel fumes, sour gases, vapors from the fracking fluids, silica dust from the fracking sand, controlled and uncontrolled off-gases, vent gases, flare gases and possible blow-outs or explosions. Atmospheric conditions as temperature inversions can spread and retain these gases over the extended Monongahela River valley. Therefore, the MVCAC calls for an immediate secession of drilling activities at these sites and no further work on them. _______________________________________________ MVCAC mailing list MVCAC(a)cheat.org http://cheat.org/mailman/listinfo/mvcac

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Curent EPA Activities (plus)
by Duane330＠aol.com 18 May '11

18 May '11

EPA TO HOLD THREE PUBLIC HEARINGS ON NATIONAL AIR TOXICS STANDARDS FOR POWER PLANTS EPA will hold three public hearings in May on the proposed mercury and air toxics standards requiring power plants to install pollution control technologies to cut emissions of mercury, arsenic, chromium, nickel and acid gases. There will be a hearing on May 24 in Philadelphia, Pa. at the Westin, 99 S. 17th St. at Liberty Place, Philadelphia, Pa. Other hearings will take place May 24, in Chicago, Ill., and May 26, in Atlanta, Ga. EPA will accept written comments on the proposed standards until July 5, 2011 and will finalize the rule by November 2011. For More information on the hearings and instructions for submitting written comments, go to _http://www.epa.gov/airquality/powerplanttoxics/_ (http://www.epa.gov/airquality/powerplanttoxics/) MAY IS ASTHMA AWARENESS MONTH EPA is commemorating Asthma Awareness Month to publicize asthma as a growing national problem especially among children. To help alleviate the problem, EPA is updating air quality regulations and reducing air pollution such as mercury and fine particle pollution from power plants, industry and vehicles. For information to reduce asthma triggers such as dust mites, mold, cockroaches, pet dander, and secondhand smoke, go to _http://www.epa.gov/asthma/index.html_ (http://www.epa.gov/asthma/index.html) For more information about community-based asthma programs, go to _http://www.AsthmaCommunityNetwork.org_ (http://www.AsthmaCommunityNetwork.org) DRAFT EPA PLAN TO STUDY THE IMPACTS OF HYDRAULIC FRACTURING _http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/upload /HFStudyPlanDraft_SAB_020711.pdf_ (http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/upload…) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Responsible Development of America's Natural Gas Resources (maybe) U.S. Energy Secretary Steven Chu has announced a group of environmental, industry and state regulatory experts who will make recommendations to improve the safety and environmental performance of natural gas hydraulic fracturing from shale formations - harnessing a vital domestic energy resource while ensuring the safety of our drinking water and the health of the environment. President Obama directed Secretary Chu to convene this group as part of the President's "_Blueprint for a Secure Energy Future_ (http://www.zimbio.com/go/OMpcy9TAhle/http://www.whitehouse.gov/sites/defaul… _secure_energy_future.pdf) " ( 1 MB) - a comprehensive plan to reduce America's oil dependence, save consumers money, and make our country the leader in clean energy industries. "America's vast natural gas resources can generate many new jobs and provide significant environmental benefits, but we need to ensure we harness these resources safely," said Secretary Chu. "I am looking forward to hearing from this diverse, respected group of experts on best practices for safe and responsible natural gas production." A group of highly respected experts with experience in industry, environmental groups and state regulatory agencies will form a subcommittee of the Secretary of Energy's Advisory Board to conduct the review, and will work to identify, within 90 days of beginning their work, any immediate steps that can be taken to improve the safety and environmental performance of hydraulic fracturing. They will also develop, within six months of beginning their work, consensus recommended advice to the agencies on practices for shale extraction to ensure the protection of public health and the environment. Membership of the group includes: John Deutch, Institute Professor at MIT (Chair) John Deutch served as Director of Energy Research, Acting Assistant Secretary for Energy Technology and Under Secretary of Energy for the U.S. Department of Energy in the Carter Administration and Undersecretary of Acquisition & Technology, Deputy Secretary of Defense and Director of Central Intelligence during the first Clinton Administration. Dr. Deutch also currently serves on the Board of Directors of Raytheon and Cheniere Energy and is a past director of Citigroup, Cummins Engine Company and Schlumberger. A chemist who has published more than 140 technical papers in physical chemistry, he has been a member of the MIT faculty since 1970, and has served as Chairman of the Department of Chemistry, Dean of Science and Provost. Stephen Holditch, Head of the Department of Petroleum Engineering, Texas A&M University Stephen Holditch serves as Head of Texas A&M's Harold Vance Department of Petroleum Engineering and serves on the Boards of Directors of Triangle Petroleum Corporation and Matador Resources Corporation Texas. In 1977, Dr. Holditch founded S.A. Holditch & Associates, a petroleum technology consulting firm which provided analysis of low permeability gas reservoirs and designed hydraulic fracture treatments. He served as president of the company until it was bought by Schlumberger in 1997. Dr. Holditch has worked for Schlumberger, Shell Oil Company and Pan American Petroleum Corporation. Fred Krupp, President, Environmental Defense Fund Fred Krupp has overseen the growth of EDF into a recognized worldwide leader in the environmental movement. Krupp is widely acknowledged as the foremost champion of harnessing market forces for environmental ends. He also helped launch a corporate coalition, the U.S. Climate Action Partnership, whose Fortune 500 members - Alcoa, GE, DuPont and dozens more - have called for strict limits on global warming pollution. Mr. Krupp is coauthor, with Miriam Horn, of New York Times Best Seller, Earth: The Sequel. Educated at Yale and the University of Michigan Law School, Krupp was among 16 people named as America's Best Leaders by U.S. News and World Report in 2007. Kathleen McGinty, Former Secretary of the Pennsylvania Department of Environmental Protection Kathleen McGinty is a respected environmental leader, having served as President Clinton's Chair of the White House Council on Environmental Quality and Legislative Assistant and Environment Advisor to then-Senator Al Gore. More recently, she served as Secretary of the Pennsylvania Department of Environmental Protection and as Chair of the Pennsylvania Energy Development Authority. Ms. McGinty is Senior Vice President of Weston Solutions, Inc. and a Director at NRG Energy. Susan Tierney, Managing Principal, Analysis Group Susan Tierney is chairman of the Board of the Energy Foundation, and serves on the Boards of Directors of the World Resources Institute and the Clean Air Task Force. Until recently, she was a co-chair of the National Commission on Energy Policy. Currently, she chairs the National Petroleum Council Policy Subgroup's study of North American natural gas and oil resources. Dr. Tierney served as Assistant Secretary for Policy at the U.S. Department Energy during the Clinton Administration. In Massachusetts, she served as Secretary of Environmental Affairs, Chair of the Board of the Massachusetts Water Resources Agency, Commissioner of the Massachusetts Department of Public Utilities and executive director of the Massachusetts Energy Facilities Siting Council. Daniel Yergin, Chairman, IHS Cambridge Energy Research Associates Daniel Yergin is the co-founder and chairman of IHS Cambridge Energy Research Associates. He is a member of the Board of the United States Energy Association and a member of the U.S. National Petroleum Council. He has chaired the U.S. Department of Energy's Task Force on Strategic Energy Research and Development. Dr. Yergin is also CNBC's Global Energy Expert and the author of the Pulitzer Prize-winning book, The Prize: The Epic Quest for Oil, Money and Power. Mark Zoback, Professor of Geophysics, Stanford University Mark Zoback is the Benjamin M. Page Professor of Geophysics at Stanford University. He was co-principal investigator of the San Andreas Fault Observatory at Depth project (SAFOD) and has been serving on a National Academy of Engineering committee investigating the Deepwater Horizon accident. He was the chairman and co-founder of GeoMechanics International and serves as a senior adviser to Baker Hughes, Inc. Prior to joining Stanford University, he served as chief of the Tectonophysics Branch of the U.S. Geological Survey Earthquake Hazards Reduction Program. A copy of the subcommittee charge is available online _HERE_ (http://www.zimbio.com/go/4hcpKwaeDjj/http://www.energy.gov/news/documents/F… mittee_charge.pdf) .

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Marcellus Gas Wells in Morgantown Industrial Park
by Duane330＠aol.com 17 May '11

17 May '11

MON VALLEY CLEAN AIR COALITION (MVCAC) To: Monongahela County Commission, County Courthouse, High Street, Morgantown, WV 26505 Date: May 18, 2011 Marcellus Gas Wells In Morgantown Industrial Park The MVCAC opposes the drilling of natural gas wells into the Marcellus or other geologic formations involving hydro-fracking or other pressurized methods of breaking the formation in or near the City of Morgantown or in the Monongahela River valley. Pressurized fracturing methods result in hazardous and dangerous conditions for the local workers, for the local residents, and for the public and private facilities nearby. The two Marcellus wells recently sited at or near the Morgantown Industrial Park are too close to the other facilities of the Industrial Park, too close to the Skyview Elementary School, too close to the Westwood Middle School, too close to the County Athletic Field between these schools, and too close to the City of Morgantown. Air emissions are known to occur from such Marcellus wells during the drilling process, during the fracking process, during the completion process, and during the long period of their continuous operation (perhaps 30 years or more). These emissions include diesel fumes, sour gases, vapors from the fracking fluids, silica dust from the fracking sand, controlled and uncontrolled off-gases, vent gases, flare gases and possible blow-outs, fires or explosions. Atmospheric conditions as temperature inversions can spread and retain these gases over the extended Monongahela River valley. Therefore, the MVCAC calls for an immediate secession of drilling activities at these sites and no further work on them until fully adequate regulations are put into place. Duane G. Nichols, Spokesperson, Mon Valley Clean Air Coalition, 330 Dream Catcher Circle, Morgantown, WV 26508

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Marcellus Gas Wells in the Morgantown Industrial Park
by duane330＠aol.com 17 May '11

17 May '11

MON VALLEY CLEAN AIR COALITION (MVCAC) Marcellus Gas Wells In The Morgantown Industrial Park The MVCAC opposes the drilling of natural gas wells into the Marcellus or other geologic formations involving hydro-fracking or other pressurized methods of breaking the formation in or near the City of Morgantown or in the Monongahela River valley. Pressurized fracturing methods result in hazardous and dangerous conditions for the local workers, for the local residents, and for the public and private facilities nearby. The two Marcellus wells recently sited at or near the Morgantown Industrial Park are too close to the other facilities of the Industrial Park, too close to the Skyview Elementary School, too close to the Westwood Middle School, too close to the County Athletic Field between these schools, and too close to the City of Morgantown. Air emissions are known to occur from such Marcellus wells during the drilling process, during the fracking process, during the completion process, and during the long period of their continuous operation (perhaps 30 years or more). These emissions include diesel fumes, sour gases, vapors from the fracking fluids, silica dust from the fracking sand, controlled and uncontrolled off-gases, vent gases, flare gases and possible blow-outs or explosions. Atmospheric conditions such as temperature inversions can spread and retain these gases over the extended Monongahela River valley. Therefore, the MVCAC calls for an immediate secession of drilling activities at these sites and no further work on them if or until fully adequate regulations are put into place. Duane G. Nichols, Spokesperson, MVCAC. May 17, 20011.

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<DRAFT> Marcellus Wells in Morgantown: Propose additions or corrections?
by Duane330＠aol.com 17 May '11

17 May '11

MON VALLEY CLEAN AIR COALITION (MVCAC) Marcellus Gas Well In Morgantown Industrial Park The MVCAC opposes the drilling of natural gas wells into the Marcellus or other geologic formations involving hydro-fracking or other pressurized methods of breaking the formation. Pressurized fracturing methods result in hazardous and dangerous conditions for the local workers, for the local residents, and for the public and private facilities nearby. The two Marcellus wells recently sited at or near the Morgantown Industrial Park are too close to the other facilities of the Industrial Park, too close to the Skyview Elementary School, too close to the Westwood Middle School, too close to the County Athletic Field between these schools, and too close to the City of Morgantown. Air emissions are known to occur from such Marcellus wells during the drilling process, during the fracking process, during the completion process, and during the long period of their continuous operation (perhaps 30 years or more). These emissions include diesel fumes, sour gases, vapors from the fracking fluids, silica dust from the fracking sand, controlled and uncontrolled off-gases, vent gases, flare gases and possible blow-outs or explosions. Atmospheric conditions as temperature inversions can spread and retain these gases over the extended Monongahela River valley. Therefore, the MVCAC calls for an immediate secession of drilling activities at these sites and no further work on them.

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Site preparation underway for two Marcellus wells near Morgantown
by Duane330＠aol.com 14 May '11

14 May '11

REPORT ON THE ANNUAL MEETING OF THE MORGANTOWN LEAGUE OF WOMEN VOTERS At the annual Morgantown League of Women Voters meeting today, it shouldn't be too hard to figure out what the major topic of discussion was about. Both Barbara Fleischauer and Charlene Marshall were in attendance (Amanda Pasdon is a member, too). Legislators can be members but they can't serve on Board positions. The Natural Resources committee convened after the meeting. We will have a spokesperson at both Tuesday evening's City Council meeting and the Wednesday morning's County Commission meeting. Our approach will be to ask for both an injunction and a City ban like the one Wellsburg just passed that includes extending the ban 1 mile from City's boundaries which is allowable under State law if a City feels it is under threat. The sentiment is that Morgantown should have an ordinance ban, and that Morgantown's Lawyer is incorrect in his assertion that such an ordinance would have no legal teeth because of Home Rule. Morgantown LWVWV thinks as many organizations as possible should be pushing for an injunction. The Morgantown LWV is going to advertise in the newspaper (LTE) that we will be present at both the City Council and County Commission. The news now is that drilling will begin on Wednesday so we still have a tiny bit of time. Fracking starts at a later date. -Jonathan Rosenbaum mvcac = MonValley Clean Air Coalition

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Help! Morgantown City Council Resolution
by dfvet＠aol.com 28 Mar '11

28 Mar '11

Hi. I'm urging all Morgantown green groups to please write a letter encouraging the City Council to pass the resolution that calls for a temporary cessation of the issuing of new gas drilling permits. The resolution will be considered tomorrow, Tuesday at 7PM. Send reps to the meeting if you can. The WVDEP is already overwhelmed and no protective law was passed during the legislative session to provide funding to the WVDEP nor give the agency any teeth for enforcement. Here is the link to see the resolution. Help if you can. A strong message needs to be sent to the governor and the legislators, particularly as there is a gubernatorial election coming up in May. Thank you. Dee Fulton http://savethewatertable.org/2011/03/resolution-for-the-establishment-of-a-…

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Google Alert - "longview power"
by Paula Hunt 27 Mar '11

27 Mar '11

Sorry for another message, but I found this to be so funny, I just had to share it with all of you. I have signed up for Google Alerts for Longview, and this is the latest one: >Date: Sun, 27 Mar 2011 14:01:14 +0000 >Subject: Google Alert - "longview power" > >Web1 new result for "longview power" > ><http://www.google.com/url?sa=X&q=http://www.facebook.com/pages/Longview-Pow…>Longview >Power<http://www.google.com/url?sa=X&q=http://www.facebook.com/pages/Longview-Pow…> >Plant | Facebook >Welcome to Longview Power Plant on Facebook. Join now to write >reviews and connect with Longview Power Plant. ><http://www.google.com/url?sa=X&q=http://www.facebook.com/pages/Longview-Pow…>www.facebook.com/pages/Longview.../107984229258192 > Too bad FacePlant doesn't have a place where you can sign up as an enemy rather than a "friend." - paula

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SC Mercury Hair Testing Event Thursday, March 31
by pj hunt 25 Mar '11

25 Mar '11

From the Sierra Club via Jim Kotcon and Nicole Goode: ..................................................................................................... Check this out! Be one of the 40 volunteers to get tested. Better yet, we still need 3-4 volunteers to help with the event. JBK >>> >>>>>>>>>>>>>>>>>>>>>> >>> Hello everyone, The Sierra Club is holding an event next week that I think may interest you or members of your organizations. We will be sending 40 hair samples from 40 volunteers for mercury testing. This is in response to a recent study published by Environment America that ranked West Virginia fourth in the nation for mercury pollution. If you could forward the event info to members of your organization, or anyone who you think may be interested, it would be much appreciated. *What: *Hair Sampling for Mercury *Where*: Toni Exquisite Hair, 918 Chestnut Ridge Road #2, Morgantown, WV *When*: Thursday March 31st 10am-5pm *Who*: Anyone, but preferably women aged 16-45 *Why*: A recent study published by Environment America ranked West Virginia fourth in the nation for mercury pollution. It is estimated that one in six women of child-bearing age in America has enough mercury in her bloodstream to put her child at risk of developmental and learning disorders and lowered IQ, should she become pregnant. While a teaspoon of mercury is enough to poison an entire 20-acre lake, coal-fired power plants in the United States emit hundreds of thousands of pounds of it into the atmosphere every year. The mercury then finds its way into our streams and waterways through rain and snow, where it builds up in fish, and then the animals-- and humans-- that eat the fish. http://www.environmentamerica.org/news-releases/toxic-free-communities/stop… Thank you!! Nicole Good WV Sierra Club Morgantown, WV (304) 208-5013 Here is a link to an op-ed piece from a similar event in Kentucky. http://www.kentucky.com/2011/03/23/1681384/ky-voices-mothers-to-be-beware.h…

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US EPA Topics
by Duane 24 Mar '11

24 Mar '11

PA UPDATES NATIONAL AIR TOXICS ASSESSMENT DATABASE On Friday, March 11, EPA released its most current update to the National Air Toxics Assessment (NATA), a tool that helps federal, state, local governments and other stakeholders better understand the progress being made in reducing air toxic emissions nationwide and the potential health risks from exposure to the air toxics emissions for 178 pollutants. Between 1990 and 2005, air toxic emissions were reduced by about 42 percent from industrial and mobile sources. To learn more about NATA, go to http://www.epa.gov/ttn/atw/natamain/index.html EPA ISSUES AIR TOXICS PROPOSAL TO REGULATE POWER PLANT AIR POLLUTION AND MERCURY STANDARDS On March 16, EPA proposed the first-ever national emissions standards of toxic air pollution from power plants responsible for half of the mercury and over half of the acid gas emissions nationwide. The new air toxics proposal would require power plants; mainly older coal- and oil-fired plants that have yet to install emissions controls such as scrubbers, to install widely available pollution control technologies, cut harmful emissions of mercury, arsenic, chromium, nickel and acid gases and improve public health by preventing premature deaths, heart attacks, and aggravated asthma symptoms. EPA EXTENDS GREENHOUSE GAS REPORTING DEADLINE EPA has issued a final rule extending the 2010 Greenhouse Gas (GHG) Reporting Program data deadline from March 31 to Sept. 30. Sources must register with EPA's online reporting system: the Electronic Greenhouse Gas Reporting Tool (e-GGRT) by Aug. 1. This will allow EPA more time to test the system for efficiency, and the opportunity for large industrial sources to provide feedback, and become more familiar with the tool prior to reporting. For more information, go to http://www.epa.gov/climatechange/emissions/extension.html For information on the GHG Reporting Program: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html

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<MVCAC> Please attend this urgent meeting, Sunday @ 6:30 PM
by Duane330＠aol.com 12 Mar '11

12 Mar '11

NOTE: Check out our web-site: _http://www.monvalleycleanair.org/home.shtml_ (http://www.monvalleycleanair.org/home.shtml) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTICE: MON VALLEY CLEAN AIR COALITION MEETING SUNDAY AT 6:30 PM. MARCH 13, 2011 LOCATION: UNITARIAN FELLOWSHIP, 429 WARRICK STREET. A-FRAME BUILDING ON UPPER (EAST) SIDE OF UNIVERSITY AVENUE BETWEEN CAMPUSES, A FEW BLOCKS SOUTH OF THE COLLEGE OF LAW. AGENDA................ 1. Review of Organizational Status As A Non-Profit Entity 2. Review of Regional Air Quality 3. Status of Longview and Ft. Martin power plants 4. Status of TrAIL and PATH transmission lines 5. Group Against Smog & Pollution (GASP) v. Marcellus Natural Gas Industry Emissions (_www.gasp-pgh.org_ (http://www.gasp-pgh.org) ) 6. Other items >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> This meeting is open to anyone who may wish to participate. Please contact Duane Nichols, if you have questions or comments. 304-216-5535, _duane330(a)aol.com_ (mailto:duane330@aol.com)

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Group Meeting Set For Sunday At 6:30 PM
by Duane330＠aol.com 09 Mar '11

09 Mar '11

NOTICE: MON VALLEY CLEAN AIR COALITION MEETING SUNDAY AT 6:30 PM. MARCH 13, 2011 LOCATION: UNITARIAN FELLOWSHIP, 429 WARRICK STREET. A-FRAME BUILDING ON UPPER (EAST) SIDE OF UNIVERSITY AVENUE BETWEEN CAMPUSES, A FEW BLOCKS SOUTH OF THE COLLEGE OF LAW. AGENDA................ 1. Review of Organizational Status As A Non-Profit Entity 2. Review of Regional Air Quality 3. Status of Longview and Ft. Martin power plants 4. Status of TrAIL and PATH transmission lines 5. Group Against Smog & Pollution (GASP) v. Marcellus Natural Gas Industry Emissions 6. Other items >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> This meeting is open to all interested persons. Please contact Duane Nichols, if you have questions or comments. 304-216-5535, _duane330(a)aol.com_ (mailto:duane330@aol.com)

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Response to Global Warming
by Duane 28 Feb '11

28 Feb '11

Tell Congress: "The air we breathe is not up for negotiation." Take action. The Pittsburg-Post Gazette: "The breadth and range of the assaults [on the EPA] were breathtaking." The New York Times: "The House budget bill not only reduces financing for the Environmental Protection Agency but also prohibits its regulation of greenhouse gases." The Detroit Free-Press: The budget passed by U.S. House Republicans…is rash and dangerous. Dear Friend of MVCAC. RE: US Congress The House and Senate leadership appear to have reached a temporary two-week budget extension, thankfully, without the EPA attacks in the House spending bill. But the longer term budget battle is only delayed, and so far, the House leadership is refusing to back down on their spending bill that guts core environmental safeguards. Please let your representatives hear from you today. The House-passed bill poses a reckless threat to the air we breathe. It represents skewed values that favor polluters over children's health. The House spending bill cripples the EPA by slashing its budget by 30%, while fossil fuel subsidies continue. It bars the agency from curbing carbon pollution, and cuts clean energy research and development that is crucial for job creation and economic revival. The spending bill even blocks the air pollution standards aimed at cleaning up toxic pollutants, like mercury. People of faith have a responsibility to speak out against this attempt to hold our environment and our health hostage to special interests and sacrifice 40-year-old environmental safeguards. The moral voice of the faith community needs to be heard now more than ever. Will you help me stop this dangerous bill in the Senate? The fossil fuel industry's lobbyists are walking the halls of Congress at this moment. It's up to us to defend our families, neighbors, and future generations. Please tell your elected officials that the air we breathe is a God-given human right, not a political bargaining chip. Sincerely, The Rev. Canon Sally G. Bingham Interfaith Power & Light lnterfaith Power & Light is a national campaign of The Regeneration Project with affiliates in 38 states. 220 Montgomery Street, Suite 450, San Francisco, CA 94104 You can reach us at (415) 561-4891. Make a tax-deductible gift to Interfaith Power & Light.

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TrAIL is here, PATH is down
by Duane330＠aol.com 28 Feb '11

28 Feb '11

Grid Manager Halts Development of PATH Transmission Line Good news! This morning, the regional electric grid manager, Pennsylvania-New-Jersey-Maryland Interconnect (PJM), issued _a statement_ (http://pec.citizen-networks.org/site/R?i=34IaP9JtMlpWhlit2X5dYg..) saying that they've ordered development of the PATH transmission line to halt. (As a reminder, "PATH" is a multi-billion dollar proposal to build a 275-mile long 765-kV transmission line starting at the Amos coal plant in West Virginia, through West Virginia, Virginia and Maryland. In Virginia, it would have crossed through Frederick, the tip of Clarke, and Loudoun counties) The Death Knell for PATH? Time will tell. PJM cited the results of new tests that had been ordered by the Hearing Examiner assigned to the case by the Virginia State Corporation Commission (SCC). The new tests required PJM to use the most current economic forecasts and Demand Response commitments, as well as incorporate potential new generation resources: "Preliminary analysis reveals the expected reliability violations that necessitated PATH have moved several years into the future. Based on these latest results, the Board has decided to hold the PATH project in abeyance in its 2011 RTEP. The Board further directs the sponsoring Transmission Owners to suspend current development efforts on the PATH project..." ~Statement of Terry Boston, President and CEO, PJM This sort of up-to-date, scenario analysis is something that PEC has consistently asked of PJM since 2006. In the PATH case, our push for a better analysis was joined by the SCC staff, allies at Sierra Club, and countless citizen intervenors across three states. Hats off to the Virginia SCC for ordering the additional tests, and to everyone who has stayed involved, written a letter, passed a resolution, spoken at a public hearing or made _a donation_ (http://pec.citizen-networks.org/site/R?i=x8znsQoMFHv291gAu1WclA..) to support PEC's work on energy and transmission. Having been involved in a number of transmission line fights over the past 5 years, it's really gratifying to see something go the way it should, versus the way the utility wants. There is always the chance that PATH will reapply, but today is a very good day. Very Best, Bri West Piedmont Environmental Council, Warrenton, Virginia _bwest(a)pecva.org_ (mailto:bwest@pecva.org) , 540-347-2334

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Appeal of Natural Gas Compressor Station Air Permits In WV
by duane330＠aol.com 28 Feb '11

28 Feb '11

To: Mon Valley Clean Air Coalition Date: February 26, 2011. RE: Appeal No. 10-03-AQB, WV Air Quality Board (AQB), October 13, 2010. This Appeal involves Construction Permits R13-2829 and R13-2831, for Compressor Stations named the Pleasants Compressor Station and the Miller Compressor Station, both near the border of Marshall and Wetzel Counties in West Virginia. (This border is equivalent to the extended Mason-Dixon line, i.e. the extended southern border of Pennsylvania, directly west of Monongalia County, WV). This appeal also relates to the existing Victory Compressor Station and to the natural gas wells in Wetzel and Marshall Counties, as well as to a "Central Delivery Point" ("CDP") proposed by the Appalachia Midstream Services, LLC, a subsidiary of Chesapeake Energy Corporation. This Appeal 10-03-AQB asserts that (1) "the Miller, Pleasants, and CDP sites must be aggregated and considered a single stationary source for air permitting purposes", and (2) "the WV Division of Air Quality must include well sites and process equipment in its major source determination for the compressor stations." [This summary prepared February 23, 2011 by Duane Nichols, MVCAC.] >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NOTE: The Appellant is William J. Hughes of Wetzel County. The Appellee is the Director of the WV Division of Air Quality. An Intervenor is: Appalachia Midstream Services, LLC. It is proposed that Duane G. Nichols and the Mon Valley Clean Air Coalition join the Appeal as additional Appellants, given that Monongalia County is also at risk from the air pollution involved. This Appeal 10-03-AQB is scheduled for an Evidentiary Hearing before the WV Air Quality Board on Wednesday, April 6, 2011 in Charleston, WV. You can read about the Appeal Process at: www.wvaqb.org >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> If you have questions, or wish to comment on this Appeal, please contact: Duane330(a)aol.com

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of interest- EPA sends power plant toxic rules to OMB
by dfvet＠aol.com 22 Feb '11

22 Feb '11

Get mercury out if the air then get it out of the scrubber waste water before its dumped into the rivers and dispose of CCW (coal combustion waste) properly. It's a hydra monster....many headed. So our electric plants are either hydropowered or hydrapowered. ;) AIR POLLUTION: EPA sends power-plant toxics rules to White House(02/22/2011) EMAIL THIS STORY PRINT THIS STORY READ FULL EDITION CUSTOMIZE EDITION Advertisement Gabriel Nelson, E&E reporter U.S. EPA has sent the White House Office of Management and Budget a set of proposed rules aimed at reducing the amount of mercury and other toxic emissions released by coal-fired power plants. The high-profile proposal, known as the "Utility MACT" rule, is due by March 16. On Saturday, EPA sent its draft rules to the White House Office of Management and Budget, which is usually the last step before a rule is released. The utility rules were ordered as a replacement for the Clean Air Mercury Rule (CAMR), a cap-and-trade program for mercury that was created by the George W. Bush administration but was struck down when a federal court decided that the rule violated the Clean Air Act. They are being issued under a section of the Clean Air Act that requires plant-by-plant limits on more than 150 chemicals, including mercury. Coal plants would be required to install the maximum achievable control technology, or MACT, which is based on the most effective equipment that is being used by existing units. The proposal is expected to be one of the most expensive in recent memory, setting up another clash between EPA and critics of regulation, but experts say the rules will also offer some of the heftiest public health benefits. Frank O'Donnell, president of the advocacy group Clean Air Watch, said they would have a greater impact than anything else the Obama administration has done on the issue of air pollution. Toxic pollution is dangerous on its own, but requiring power plants to control those chemicals will also reduce emissions that form soot and smog, he said. The new requirements would cause older coal plants without pollution controls to install the equipment or shut down. A recent analysis by the North American Electric Reliability Corp. concluded that the requirements could affect 753 coal-fired units and cause up to 15 gigawatts of coal-fired capacity to be retired (E&ENews PM, Oct. 26, 2010). Most types of toxic pollution can be controlled through well-established equipment, such as scrubbers and baghouses. Mercury controls used to be the exception, but when the George W. Bush administration decided not to set plant-by-plant limits, some states in the Northeast started requiring their power plants to cut their mercury pollution by more than 90 percent. "Thanks to some state requirements, we are seeing tremendously effective cleanup of mercury and other toxics in the real world," O'Donnell said. "Now it's just a matter of seeing the worst performers brought up to the level of the best performers." As of last summer, mercury controls had been installed on 169 boilers with a total capacity of more than 60 gigawatts, according to the Institute of Clean Air Companies. Mercury controls have now been installed on units with about 20 percent of the generating capacity of the nation's entire fleet of coal plants.

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Proposed Appeal of Gas Compressor Permits
by Duane330＠aol.com 22 Feb '11

22 Feb '11

To: MVCAC Bill Hughes of the Wetzel County Action Group is appealing the granting of permits to two natural gas compressor stations in Wetzel County to the WV Air Quality Board. The issue is whether the WV Division of Air Quality should take responsibility to monitor and regulate such facilities, beyond just granting of permits. Bill Hughes spoke at the January and February meetings of the WV/PA Monongahela Area Watersheds Compact on this topic and the more general aspects of air impacts from Marcellus shale drilling and development. See: _http://www.uppermon.org/Mon_Watershed_Group/Hughes-WCAG-5Jan11.pdf_ (http://www.uppermon.org/Mon_Watershed_Group/Hughes-WCAG-5Jan11.pdf) Monongalia County is directly downwind of Wetzel County and so we are at increased risk of air pollution effects here because of air pollution in Wetzel and the other counties adjacent to us. The primary impacts would be from ozone and fine particulates resulting from the volatile organic compounds and partial combustion by-products coming from flares, from vents, from leakage, etc. I have submitted my request as an individual to join Bill Hughes in this appeal. The Steering Committee of the MVCAC proposes that the Mon Valley Clean Air Coalition request to be listed as a participant in this appeal, with Bill Hughes and myself. The legal team is headed by Joe Osborne (Attorney) with the Group Against Smog and Pollution. Please consult the web-site _www.gasp-pgh.org_ (http://www.gasp-pgh.org) if you wish to read more about the compressor stations, or about GASP. There are no costs proposed for MVCAC; and, we are simply appealing the questions of (1) whether the WV Division of Air Quality has the authority and responsibility to monitor and regulate such compressor stations, and (2) whether two or more compressor stations can be or should be aggregated for purposes of permitting such facilities. PLEASE LET ME KNOW A.S.A.P. IF YOU HAVE QUESTIONS, IF YOU APPROVE OR DISAPPROVE OF M.V.C.A.C. JOINING THIS APPEAL.

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Background Information (Appeal of Compressor Permits)
by Duane330＠aol.com 22 Feb '11

22 Feb '11

WEST VIRGINIA RESIDENTS AND GROUP AGAINST SMOG & POLLUTION APPEAL CHESAPEAKE ENERGY MARCELLUS SHALE PERMITS. CHARLESTON, West Virginia (October 14, 2010) – On Tuesday West Virginia residents filed an appeal before the West Virginia Air Quality Board challenging two air permits recently issued to Chesapeake Energy for a large—and growing—Marcellus Shale operation in West Virginia’s northern panhandle. The new permits allow Chesapeake Energy to construct two new natural gas compressor stations. With these two facilities included, the Chesapeake project will expand to include 3 compressor stations; over 25 well pads; and a complex, interconnected network of pipes, storage tanks, and flares all five miles or less from each other on a patch of land straddling Wetzel and Marshall Counties. (This project includes the McDowell B well, where a late-September well explosion resulted in a fire emergency crews battled for 8 days.) The compressors themselves produce significant quantities of air pollution, and the many flares, storage tanks, gas processing activities, and equipment leaks produce air pollution as well. “When you add it all up, it’s hundreds of tons of pollution.” said Bill Hughes, a Wetzel County resident and the named appellant in this case. The appeal challenges the West Virginia Department of Environmental Protection’s decision to treat each of these air pollution-emitting activities as separate sources for permitting purposes. The Clean Air Act establishes tougher air pollution control requirements for major sources of air pollution. WVDEP has permitted these compressor stations under less-protective minor source permits, and Chesapeake’s other emissions sources avoid permitting requirements entirely. When asked to comment on the importance of this appeal, Ed Wade, Jr. of the Wetzel County Action Group (WCAG) stated, “there have been many complaints about noxious gas releases over the past few years by residents who have wells on all sides of their homes. Regulating emissions at just the new compressor stations will not eliminate those problems.” “Rather than considering total air pollution from the Chesapeake project, WVDEP is dividing these related activities up piecemeal. As it stands right now, air pollution from the Chesapeake project isn’t adequately monitored or controlled to satisfy the requirements of the Clean Air Act. Left unaddressed, this would be bad news for our air quality and bad news for our health,” said Joe Osborne, Legal Director of the Group Against Smog and Pollution, the organization filing the appeal on behalf of Mr. Hughes. The most significant pollutants generated by Marcellus Shale operations like Chesapeake’s are volatile organic compounds (VOCs), nitrogen oxides (NOx), carbon monoxide (CO), and a variety of air toxics such benzene, toluene, and hydrogen sulfide. The amount of pollution oil and gas extraction and processing creates is hard to believe. In the Dallas-Fort Worth area, located in the Barnett Shale gas play, annual NOx and VOC emissions from the oil and gas sector exceed emissions from all motor vehicles. A 2008 analysis by the Colorado Department of Public Health and Environment concluded that VOC and NOx emissions from Colorado’s oil and gas operations exceed motor vehicle emissions for the entire state. In addition to being unhealthy in their own right, NOx and VOCs react with other compounds in the atmosphere to produce ozone and particulate matter. Much of the Northeastern U.S. already fails to meet federal health-based standards for ozone and particulate matter. The Chesapeake project is less than 10 miles from the Pennsylvania border. Southwestern Pennsylvania fails to meet federal standards for ozone and particulate matter. Marshall County, WV fails to meet federal standards for particulate matter. “Because so many areas in or downwind of the Marcellus Shale region fail to meet these standards, it’s all the more important that the air impacts of operations like Chesapeake’s are minimized. One way to help do that is by making sure permitting authorities like WVDEP are properly aggregating air emissions from Marcellus operations,” Osborne said. “I’ve told people from neighboring counties in Pennsylvania that tons of air pollution are being sent your way, we don’t want them, you can’t return them and they are marked ‘do not return to sender’ it’s your problem now,” Hughes added. ### MORE INFORMATION ABOUT GASP The Group Against Smog and Pollution, Inc. (GASP) is Pittsburgh-based non-profit citizens group working for a healthy, sustainable environment. Founded in 1969, GASP serves as a watchdog, educator, litigator, and policy-maker on many environmental issues with a focus on air quality in southwestern Pennsylvania. _http://www.gasp-pgh.org_ (http://www.gasp-pgh.org) ABOUT WCAG The Wetzel County Action Group is located near New Martinsville, in Wetzel County WV. It supports economic development for the county and state; and works to ensure that economic development does not negatively impact the safety, economic interests, and quality of life of the Citizens of Wetzel County. It has been actively focused on the economic, social and environmental impact of Marcellus Shale gas exploration for over four years. _http://www.wcag-wv.org/Default.htm_ (http://www.wcag-wv.org/Default.htm) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ABOUT AIR POLLUTANTS Nitrogen Oxides (NOx) NOx is linked to acid rain and respiratory problems. NOx may form particulate matter or ozone. Volatile Organic Compounds (VOCs) Are a large class of chemicals with a high vapor pressure. Some VOCs are highly toxic. VOC exposure may produce eye, nose, and throat irritation; headaches, poor coordination, nausea; and liver, kidney, or brain damage. Some VOCs are suspected or known carcinogens. VOCs may form particulate matter or ozone Particulate Matter Particulates include both solid particles and liquid droplets that commonly result from fossil fuel combustion. Fine particulates are linked to such health problems as asthma attacks and possible asthma onset, coughing and difficulty breathing, chronic bronchitis, decreased lung function, heart attacks, stroke, cancer, and premature death. Children, the elderly and people with existing respiratory or cardiovascular ailments are especially sensitive to particulate matter. Ground-level Ozone Ozone exposure is linked to respiratory problems, asthma aggravation, and permanent lung damage. Children, the elderly, and individuals with existing respiratory problems are most susceptible to ozone exposure. Carbon Monoxide (CO) Low level exposure to CO may produce fatigue and chest pain. Higher concentrations result in impair vision, poor coordination, headache, dizziness, and nausea. Exposure to high concentrations of CO can be fatal. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Contact: Joe Osborne Legal Director, Group Against Smog & Pollution office: (412) 325-7382 cell: (617) 909-8365 _joe(a)gasp-pgh.org_ (mailto:joe@gasp-pgh.org) William J Hughes Wetzel County Action Group (304) 386-4692 _hughes(a)ovis.net_ (mailto:hughes@ovis.net)

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Death & Disease. Fine Particles. Coal Fired Power Plants
by Duane330＠aol.com 21 Feb '11

21 Feb '11

The attached press release is for your information. Duane Nichols >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Death and Disease from Fine Particle Pollution by Coal Fired Power Plants in 2010 in West Virginia The people and land of West Virginia pay many of the true costs of coal. One example is detailed in the report of a new study. These are “externalized ” costs, costs created by the coal industry but paid by us in a backdoor subsidy. It is paid in dollars as well as lives and health. The Clean Air Task Force commissioned studies in 2000 and 2004, with a new update for 2010. The study is narrow and focused on one dimension of the costs we as citizens pay: death and disease from fine particle pollution by coal fired power plants. The information is in the table below. The table lists an assortment of power plants around the state, and the deaths and disease incidents attributable to that specific power plant. Note that this is only a partial list of West Virginia power plants. Death and Disease from Fine Particle Pollution by Coal Fired Power Plants 2010 Power Plant Deaths Heart Asthma Hospital Chronic Asthma ER Attacks Attacks Admissions Bronchitis Visits Albright 18 29 280 13 11 14 Preston Co Amos 87 140 1400 65 52 70 Putnam Co Fort Martin 150 240 2300 110 88 110 Monongalia Co Harrison 28 45 440 21 17 22 Harrison Co Kanawha 40 63 640 31 24 33 Kanawha Co Mitchell 51 83 780 38 30 39 Marshall Co Mt. Storm 47 75 740 35 28 37 Grant Co Pleasants 41 66 640 31 24 33 Pleasants Co Sporn 110 180 1700 84 66 89 Mason Co Data Source: Clean Air Task Force _http://www.catf.us/coal/problems/power_plants/existing/map.php?state=West_V irginia_ (http://www.catf.us/coal/problems/power_plants/existing/map.php?state=West_V…) The data is cold and crisp, but indeed stark. For example, this kind of pollution from Allegheny Energy’s Albright plant in Preston County was responsible for 18 deaths and 29 heart attacks in 2010. Is there a solution? Yes - it’s one that’s well-known. We should be phasing out coal-fired power plants. We can do this by making new commitments to electric energy conservation and efficiency, while expanding renewable energy and the thousands of jobs it will bring. The full report is available online at: _http://www.catf.us/coal/problems/power_plants/existing/map.php?state=West_Virginia_ (http://www.catf.us/coal/problems/power_plants/existing/map.php?state=West_V…) Contact: Jim Sconyers Chair, West Virginia Sierra Club 304.698.9628 _jim_scon(a)yahoo.com_ (mailto:jim_scon@yahoo.com) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.

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.. GASP -- Action and News Report
by Duane330＠aol.com 16 Feb '11

16 Feb '11

GASPalerts Action and News from Group Against Smog and Pollution JOIN OUR LIST (http://visitor.constantcontact.com/email.jsp?m=1102402694952) IN THIS ISSUE _Clean Construction Press Event_ (mip://03812d88/default.html#LETTER.BLOCK26) _Newest Member of AQTAC_ (mip://03812d88/default.html#LETTER.BLOCK53) _PA DEP Marcellus Studies_ (mip://03812d88/default.html#LETTER.BLOCK51) _WTAE Looks at Marcellus_ (mip://03812d88/default.html#LETTER.BLOCK46) _GASP Appeals Coal Plant's Permit_ (mip://03812d88/default.html#LETTER.BLOCK54) _State Grants to Clean Diesel_ (mip://03812d88/default.html#LETTER.BLOCK56) (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… H6gz1lFlsKNUSf7wh-8BeE6upBIs6_RHVThFBN_RW-dTSuTYkn3qjDwzjZ_Tcz3go34tzGm28qq8 YiPsSm5Y9P_g2t9MIPbn85IUvQa-g==) (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… Vn8vjiDG9L14tZIvipY6EhiPhfTh5cGGm0qA==) February 11, 2011 Help GASP Push for Clean Construction in Pittsburgh Join GASP, Clean Water Action, and other partners on Thursday, February 17th at 10 AM at the _Hill House_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbvJ EBBhwo3eWEjnWJCALQTBJdC9PMmYqwIT8YzLgXecoLJs93X7givu9zTK6_013wYAIglygQI_pb_wj3t59BTCZhA8NM5lYZ4bOev2SDI9EnzzzOQi8Lq7g_ aKGDpU13RGFBBDGv1khzw_KOwbZcIg8q-CMb3i069gILwMlEeDZSeRM6qU-hHExEIupbzSzbI4bY XbU4qHOAAMcw==) as we hold a press conference to draw attention to the health effects from diesel emissions and the Clean Construction legislation being considered by City Council. This legislation would require that large construction projects receiving public subsidies would have to use cleaner construction equipment. The bill is the final one in a trilogy of bills introduced by a broad coalition of labor, faith, environmental, and community groups. Learn more _here_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… XocDQ-7JTQWigtOeH3Ka_DJx7aWBckBJsT3PcbFlirWEgzMq-P9nvrqWbOxYaWM3qu9Bi7fLXFp5 ygl1Un13Px7iYrp511qVgoBI7_4-VDxGDiF4dLzgju8KNLQAGVAqJV5SkZk94fW) , and for further information about the event or to RSVP, contact _gasp(a)gasp-pgh.org_ (mailto:gasp@gasp-pgh.org) . GASP's Legal Director Named to DEP Committee Joe Osborne, GASP's Legal Director, has joined the Air Quality Technical Advisory Committee (_AQTAC_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… V2PzfEVm5RBeA-FYUq78NaFcEXL-kkxsV9r-qsSaBaV6pfGYB5Tis-aTu9sYtExwDfSFF2ZfmjT_ JseI8erpYljG4HzOtzhxIKHpvwCa8blx15Z1XWk=) ). This committee provides advice to PA DEP on impacts of existing, new, or proposed revisions to state regulations and policies concerning air. The naming of Joe to this committee is a great honor, and a testament to his hard work and thorough knowledge of air issues in PA. Kudos, Joe! Marcellus Air Pollution: What PA DEP's Studies Really Say PA DEP recently released two reports which looked at air emissions from Marcellus activity in two parts of the state. While DEP took care to explain that these reports were short-term snapshots, most media sources have been saying "DEP Says No Problem with Marcellus Drilling" or some variation of that theme. Read _here_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… R4zyMRFGEY-2Y8No2wVdQS7UFv8ItNfCl0qkbfKE4Je2CVlxuHIHzB7xXO7SNVulAD69is5WEWqy EAf0lv8rCqIduTHMalKsYzhlMfPdMpLS2CyEBAWH6P0Prxed6R8ZLGY5PCUOFticsIvvLlfz0FY1 oeX2HNuelJihSn) why DEP's studies do not say that no problems exist, and how further studies can be improved upon. Marcellus Air Pollution, Part Two: WTAE Looks at Emissions from Marcellus Industry WTAE's Team 4 investigative reporter Jim Parsons sat down with our Legal Director recently and got his take on emissions from Marcellus Shale activity. While burning natural gas is cleaner than burning coal, the Marcellus industry has the potential to emit massive amounts of air toxics like benzene, and ozone precursors, such as NOx. See the video report _here_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… FlsmsYRXAihTBxJalzFX8BWiR5AcqtBnGqzi0q6MgtOmraaDmYJ0vEsOqtfwuU0hlO0KGJj6RYIy LHRlKrXmOf0Ikcy1USeHbC7VPcRW3NGJUSup3174w1-DsvLJrTCvQa7zIgA==) , and visit our _website_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… cwrymEaZ0kSFiZ7j58EFzm-KOQOvXobIObWctvd2qf72w--pPM6lenXz5YeuGB4PCwsdm3KwLRJa s38Mg==) to get more information on GASP's work in the Marcellus play. GASP Asks EPA to Reject Operating Permit at Cheswick Power Plant At the end of January GASP and PennFuture filed a petition with the U.S. EPA, challenging the Title V Operating Permit for the coal-fired Cheswick Power Plant owned by GenOn in Springdale, PA. GASP and PennFuture identified numerous problems with the permit. For instance, it does not include limits on mercury emissions. It does not include certain requirements that were part of the permit given for installation of the new scrubber. And it does not require sufficient monitoring to demonstrate that the plant's emissions control devices operate effectively. Read the full petition _here_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… 3X7givu9zTK6_013wYAIglygQI_pb_wj3t59BTCZhA8NM5lYZ4bOev2SDI9EnzzzOQi8Lq7g_aKG DpU13RGFBBDGv1khzw_KOwbZcIg8q-CMb3i069gILwMlEeDZSeRM6qU-hHExEIupbzSzbI4bYXbU 4qHOAAMcw==) , and stay informed of the latest news by visiting the _Coal Project_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… ZWy9q6dDulCFZIvX0fKQMfFeaN10q_aAm-gg4gdLOt8eBrxSBrnxZH) page on our website. More Money Available to Clean Up Diesel PA DEP is announcing their Pennsylvania State Clean Diesel Grant Program, which aims to reduce diesel pollution from transit and school bus fleets. The program will support projects that retrofit, re-power, or replace fleet vehicles to lower emissions of pollutants; purchase and install idle reduction technology; or purchase alternatively-fueled fleet vehicles. Search on the words "clean diesel" at DEP's _website_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… 44_4uyZrHV6Ej04FbHXUB9_cQq2b5f7PrpCEsRPD6yJk4CuxgaGVM6PwQ==) for more information. Help us to be as effective as possible by becoming a member or renewing your membership today. Over the last forty-one years, through education, advocacy, helping to set regional and local environmental policy, and at times entering into litigation, GASP has made a positive impact on our region's air quality and environment. Help us to continue this important work in 2011. Gift memberships also available! Membership details and instructions for donating can be found _here_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104483980366&s=244&e=001BtXGwbv… bWLafCPAuK-yGRJHnEMHrEWuR486KPrzRUplEnNVY2S-8PkQmuQQSEW4kRyI6-ntVuKvRW5q5VmB baqH9aKo9elhbXV8ArJNASfl9DcP5wmiz-m-F39T) . We appreciate your participation on the GASPalerts email list. Working together, we can make a difference in our region's environment. We won't trade or sell your address with other organizations or inundate you with mailings. Thank you. Sincerely, Group Against Smog and Pollution

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G.A.S.P. HAS MODERNIZED THEIR WEB-SITE
by Duane330＠aol.com 06 Feb '11

06 Feb '11

To: All the friends of the Mon Valley Clean Air Coalition....... Please spead this information to all your other friends, neighbors, colleagues, and relatives. The Group Against Smog and Pollution has completely modernized their web-site. You will be very impressed; I really do think so! One picture is of the compressor line at a new natural gas transmission station, installed due to the expansion to handle Marcellus shale gas. Notice the size of the units in comparison to the people in the same picture. Home Page: _www.gasp-pgh.org_ (http://www.gasp-pgh.org) Marcellus Project(s): _http://gasp-pgh.org/projects/marcellus-shale/_ (http://gasp-pgh.org/projects/marcellus-shale/) [Notice that one project involves appealing the establishment of a natural gas compressor station in West Virginia.] I attended the last meeting of GASP in Pittsburgh. It was called a "Meet N' Greet", and the attendance was about 40, both established members plus new people. We can learn a lot from this organization. Best Wishes from Duane

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Three-pollutant bill update
by dfvet＠aol.com 23 Jan '11

23 Jan '11

AIR POLLUTION: Three-pollutant bill seen as DOA in new Congress(01/20/2011) EMAIL THIS STORY PRINT THIS STORY READ FULL EDITION CUSTOMIZE EDITION Advertisement Gabriel Nelson, E&E reporter In the new political environment on Capitol Hill, the outlook is bleak for a deal on air pollution from power plants -- even if it doesn't address greenhouse gases, key players in the negotiations say. For about a decade now, a rotating congressional cast has been negotiating bills that would require reductions from the utility sector in sulfur dioxide (SO2), nitrogen oxides (NOx) and mercury. Some have suggested that a so-called three-pollutant bill could fare better this session now that cap and trade is off the agenda, but key staffers already appear to be writing it off for the next two years. Last Congress, the discussions centered on a bill from Sens. Tom Carper (D-Del.) and Lamar Alexander (R-Tenn.) that would have effectively replaced U.S. EPA's upcoming limits on SO2, NOx and mercury. The negotiations included Carper, Alexander and Senate Environment and Public Works Committee ranking member James Inhofe (R-Okla.), as well as Sen. George Voinovich, an Ohio Republican who retired at the end of his term last year. The talks hit a snag toward the end of last session. But if the goal is reducing emissions from power plants, Inhofe still believes that a three-pollutant bill is the "best way to go," said Michael Catanzaro, deputy staff director for Environment and Public Works Committee Republicans. But Catanzaro added that while negotiations are set to continue in the new Congress, the mounting criticism of federal regulations on Capitol Hill and the disdain for dense bills among the new House Republican leadership mean there is little room for the measure to advance in the next two years. "A big package isn't going to move in the House, so I don't have a lot of optimism at all about the energy pieces you're talking about," Catanzaro said at a Bipartisan Policy Center conference on regulations for the power sector. "With respect to 3-p, it's a very long process. It's not going to pass in this Congress, but you need to start laying the groundwork." The legislation has tentative support from both sides of the aisle. The negotiators on the Democratic side want to set stricter air pollution limits than the Clean Air Act requires, while Republicans want to lengthen the compliance deadlines for utilities and give them a set of rules that would be locked in place for 10 or 15 years. But last year, the discussions were tied up by disagreements on toxic pollution limits and the length of time that U.S. EPA would be barred from setting stricter rules for the power sector, Catanzaro said. And now that the balance of power has shifted toward Republicans, the legislation could also lose the backing of environmentalists -- a major constituency for the Democrats. Environmental and public health groups have had mixed feelings about the idea of a three-pollutant bill, worrying that it could be slower or less protective than rules issued by EPA under the Clean Air Act. David Hawkins, director of the climate center at the Natural Resources Defense Council, said he would be wary of an air pollution bill that would pass muster with the Republicans in the House. "The noises that are coming out of the new committee chairs and the noises that are coming out of the leadership do not indicate a desire to get this burden of pollution addressed quickly," he said. "It just doesn't seem to be a realistic prospect to say that the environmental community should support some effort to develop comprehensive legislation in that environment." Maryam Brown, chief counsel of the House Subcommittee on Energy and Power, said the new Republican leadership will be wary of omnibus bills and comprehensive legislation. The focus will be on reviewing and possibly blocking regulations from EPA and other agencies, she said. But a three-pollutant bill could be crafted in a way that would be popular with utilities, said Jeff Holmstead, who led EPA's air office under President George W. Bush. Compared to command-and-control regulations, it would achieve more reductions at a lower price, he said. "I think that opportunity is still out there, and, by the way, I think there are at least some people in the industry who would be happy enough to add CO2 if that would give them more regulatory certainty," Holmstead said. "There's a little more debate and discussion over that one, but there is, undoubtedly, a better way to regulate this industry."

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FYI
by dfvet＠aol.com 21 Jan '11

21 Jan '11

AIR POLLUTION: Enviro group slams industry bid to block EPA cement rules (01/21/2011) EMAIL THIS STORY PRINT THIS STORY READ FULL EDITION CUSTOMIZE EDITION Advertisement Gabriel Nelson, E&E reporter As a handful of lawmakers on Capitol Hill seek to stop U.S. EPA's new air pollution rules, saying the limits on toxic emissions would devastate the domestic cement industry, their gloomy estimates are belied by the upbeat projections from the industry's main trade group, according to a new analysis by the advocacy group Earthjustice. The report responds to a resolution (H.J. Res. 9) introduced by Rep. John Carter (R-Texas) that would reject EPA's new performance standards for cement plants. Under the Clean Air Act regulations, released in August, more than 15,000 American jobs could be lost to overseas competitors, Carter wrote in a "Dear Colleague" letter that asked fellow lawmakers to support the bill. The industry could lose 9 million tons of domestic cement production capacity, he said. "Now is not the time to impose new regulations that kill American jobs and ship them overseas," the letter said. Those estimates assume that U.S. demand for cement remains flat. But according to a high-priced analysis that was made available for purchase by the Skokie, Ill.-based Portland Cement Association last fall, after the release of EPA's final rules, the domestic cement industry will be booming for the next several years as it emerges from the dark days of the recession. The trade group predicts U.S. cement production will increase by about 25 percent through 2013 and by 50 percent through 2015. Five years from now, PCA estimates, domestic production will be slightly below 100 million metric tons per year -- roughly the same level as it was at the peak of the housing and construction boom in 2005. Between 2011 and 2015, the industry projections show, cement imports will total about 9.2 million metric tons per year -- the lowest level of any five-year period since 1996. From 2001 to 2005, for instance, the United States imported about 24.5 million metric tons of cement per year. But the Portland Cement Association provided different numbers today, saying imports would rise from 5.9 million metric tons last year to an estimated 36 million metric tons in 2015, 62 million metric tons by 2020 and 82 million metric tons by 2025. The contradiction between the figures on U.S. cement production and the numbers cited by Carter suggest that the trade group and its allies are talking out of both sides of their mouths, said James Pew, a staff attorney at Earthjustice who worked on the report. "The cement industry can't simultaneously be expanding and contracting," Pew said in an interview. "There's simply no basis to think there will be any contraction or there will be any jobs lost." Industry, Carter respond In a statement today, the Portland Cement Association said all EPA's regulations -- not just the toxic pollution standards -- could result in the loss of 3,000 to 4,000 jobs in the domestic cement industry. From 2002 to 2007, the sector employed an average of 16,283 workers, according to PCA figures that were cited in the Earthjustice report. "Regulations need to be based on science, preserve access to a strategic infrastructure asset and most importantly, protect the sanctity of U.S. jobs," the trade group said. "Without taking these elements into consideration, the administration is doing our nation a disservice." John Stone, a spokesman for Carter, described the new report as "malarkey." He said Earthjustice was incorrect when the group contended that the Congressional Review Act resolution would permanently bar EPA from regulating the industry's toxic pollution. "EPA needs to go back to the drawing board and draft reasonable new standards that reduce pollution in this industry," Stone said today. "These standards can be written and implemented in ways that do not unnecessarily cost jobs, and do not simply force production offshore to countries that do not have the environmental standards of the United States, effectively increasing global pollution." There are not any cement plants in the congressman's district, but the facilities are a major driver of the Texas economy. Southwest of Carter's home in Round Rock, Texas, there are five kilns in the Interstate 35 corridor between Austin and San Antonio. EPA's new rules would make these plants reduce their emissions of mercury, soot and other types of air pollution by more than 90 percent. These new controls, which would cost businesses an estimated $350 million to $377 million per year, are the reason critics have attacked EPA's new rules, Pew said. National environmental groups have pounced on Carter's bill as part of an effort to argue that the new Republican majority in the House is putting corporate profits ahead of public health. EPA estimates that the rules would provide between $6.7 billion and $18 billion in annual health and environmental benefits. "It has nothing to do with closing plants or losing jobs -- it's just about saving money," Pew said. "They're using a tried and true rationale for opposing regulations, which is slandering them as job-killers. It has no real substance, but that's not stopping them." The regulations have been challenged in court by more than a dozen cement companies, as well as by environmentalists, who are mad that the rules do not limit greenhouse gases as well as toxic pollutants. Both sets of lawsuits are still in the preliminary stages. Click here to read the Earthjustice analysis. Click here to read Carter's "Dear Colleague" letter.

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Fw: NYTimes Jan 19: EPA posts frack rules
by Peggy Filios 19 Jan '11

19 Jan '11

http://www.nytimes.com/gwire/2011/01/19/19greenwire-epa-posts-frack-rules-w… Peggy

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FW: Two FREE Particulate Matter and Patient Health Webinars: 2/15/11 noon-1 pm and 2/22/11 noon-1 pm - FREE CDC Continuing Education Credits Available
by Peggy Filios 19 Jan '11

19 Jan '11

Agency for Toxic Substances and Disease Registry/Centers for Disease Control and Prevention (ATSDR/CDC) and the American College of Medical Toxicology (ACMT) are sponsoring these two webinars. SAVE THE DATE! Are you interested in learning more about health effects from fine particulate air pollution? Perhaps you are a health professional short on free time and looking to earn some continuing education credits? Two upcoming, FREE lunch hour webinars in February 2011 might help! Each webinar will provide 1 hour of CME, CNE, CEU, and CPE credit (approval pending). You are welcome to attend either one or both of these events. February 15, 2011, noon-1:00 pm, Particulate Matter and Patient Health, Module 1 (see agenda below, 1 hour of continuing education credit--pending) February 22, 2011, noon-1:00 pm, Particulate Matter and Patient Health, Module 2 (see agenda below, 1 hour of continuing education credit--pending) The Agency for Toxic Substances and Disease Registry/Centers for Disease Control and Prevention (ATSDR/CDC) and the American College of Medical Toxicology (ACMT) are sponsoring these two webinars. Participants are welcome to register for either or both of these events. All you will need is a connection to the Internet and a phone line to participate in these live events. During the live broadcasts on February 15 and 22, you will have the opportunity to ask questions of leading experts in this field. Afterwards, these webinars will be archived on the ACMT website (www.acmt.net). The first hour will focus on what is particulate matter, how it gets into the environment, trends in air quality, air quality regulations, where to find air quality information and how air quality affects the health status of a community. The second hour will focus on clinical impacts of particulate matter in the environment, sensitive populations and appropriate interventions. If you have any questions or you would like to let us know that you plan to attend, please contact Lora Siegmann Werner, ATSDR Region 3 at 215-814-3141, lkw9(a)cdc.gov or Tarah Somers, ATSDR Region 1 at 617--918-1493, tsomers(a)cdc.gov. Thank you! _______________________________________________________________________________ Particulate Matter and Public Health Module 1 - February 15, 2011 at 12pm (Eastern Time) Particulate Matter and Public Health Module 2 - February 22, 2011 at 12pm (Eastern Time) For the teleconference/audio connection on both days: Toll-Free Dial-in: (877) 675-8205 Passcode:9721450 For the Internet/presentation slides on 2/15: https://www.livemeeting.com/cc/cdc/join?id=KP2WCR&role=attend&pw=rr%3Ft%3BF… For the Internet/presentation slides on 2/22: https://www.livemeeting.com/cc/cdc/join?id=W8NWKC&role=attend&pw=mB%7D5nZdTq FIRST-TIME USERS To save time before the meeting, check your system to make sure it is ready to use Microsoft Office Live Meeting. http://go.microsoft.com/fwlink/?LinkId=90703 TROUBLESHOOTING Unable to join the meeting? Follow these steps: 1. Copy this address and paste it into your web browser: https://www.livemeeting.com/cc/cdc/join 2. Copy and paste the required information: 2/15: Meeting ID: KP2WCR Entry Code: rr?t;Fx6k 2/22: Meeting ID: W8NWKC Entry Code: mB}5nZdTq Location: https://www.livemeeting.com/cc/cdc If you still cannot enter the meeting, contact support: http://e-meetings.verizonbusiness.com/netconferencing/mslm/LM8support.php NOTICE Microsoft Office Live Meeting can be used to record meetings. By participating in this meeting, you agree that your communications may be monitored or recorded at any time during the meeting. Particulate Matter and Patient Health – Module 1 Patrick Breysse, MHS, PhD, CIH (25 minute presentation ) Objective: Describe sources of particulate matter (PM) and how it affects air quality --Types of pollutants that affect air quality -- Description of how PM settles in atmosphere and characteristics that determine location of deposition in airways --Importance of fine particulate matter smaller than 2.5 micrometers in diameter (PM 2.5) Ronald H. White, MST (20 minute presentation) Objective: Appraise air quality trends and interpret their relevance for exposures and health effects --Sources of PM and PM 2.5 (indoor and outdoor sources of PM) --Air quality trends --Testing for PM 2.5 in the environment --National Ambient Air Quality Standards (NAAQS) for PM 2.5 and how they are set Patrick N Breysse, MHS, PhD, CIH (15 minute presentation) Objective: Identify available resources to investigate and manage particulate matter exposures --What do local medical practitioners need to know about local air quality data --The Air Quality Index --Where to find local air quality conditions Particulate Matter and Patient Health – Module 2 Andrew Stolbach, MD (20 minute presentation) Objective: Explain the clinical impact of fine particulate matter on health --Health effects of PM 2.5 (pulmonary, extrapulmonary, acute, and chronic) --Acute & chronic exposure evidence --Pathophysiology of PM 2.5 injury Ronald H. White, MST (15 minute presentation) Objective: Recognize populations particularly susceptible to particulate matter exposures --Special population considerations (elderly, pediatric) Andrew Stolbach, MD (25 minute presentation) Objective: Describe approaches to management and interventions regarding particulate matter exposures -- Reduction of PM 2.5 exposure at the level of the community and the individual patient --Management of exposure to PM 2.5 --Case studies – Intervention studies Information on Webinar Faculty: Dr. Patrick Breysse is currently the Director of the Division of Environmental Health Engineering and is the Director of the ABET accredited Occupational and Environmental Hygiene Academic Program at Johns Hopkins University. He is also the Director the Center for Childhood Asthma in the Urban Environment. His research focuses on the evaluation and control of chemical, biological, and physical factors that can impact health or well being. In this context, Dr. Breysse's research concentrates on risk/exposure assessment. Exposure assessment research includes pollutant source characterization, exposure measurement and interpretation, development and use of biomarkers of exposure/dose/effect, and evaluating relationships between sources, exposures, doses and disease. Dr. Breysse's research currently includes studies of indoor and outdoor air pollution and childhood asthma. He is also researching secondhand smoke exposure assessment methods using airborne and hair nicotine. Dr. Breysse previously collaborated on a large health effects study evaluating the health impact of the 1990 Gulf War on the citizens of the Kingdom of Saudi Arabia. He has also collaborated on a follow-up study of World Trade Center clean-up workers. Dr. Breysse co-directed a medical screening program for former Department of Energy Workers at the Los Alamos National Laboratory. This program offers screening to former atomic bomb workers based on a historical assessment of exposure to a wide variety of agents including ionizing radiation, beryllium, solvents, asbestos, lead, and noise. He is currently working on a project to extend the former workers program to Sandia National Laboratory. Dr. Andrew Stolbach is Board Certified in Emergency Medicine and Medical Toxicology. He leads the Johns Hopkins University Toxicology training Curricula and works clinically at both Howard County and Johns Hopkins Hospital. He was a Magna cum laude graduate of Pennsylvania State University with a Bachelor’s of Science in Life Science along with a minor in history. He furthered his education at the University of Maryland, School of Medicine and received his Doctorate of Medicine Degree in 2002. Dr. Stolbach completed his Emergency Medicine Residency at St. Luke’s Roosevelt Hospital Center in New York City from 2002-2005 where he was Chief Resident. He completed his Fellowship in Medical Toxicology at Bellevue Medical Center and New York University School of Medicine. Ronald White Ronald H. White is Associate Scientist in the Department of Epidemiology at the Johns Hopkins University Bloomberg School of Public Health in Baltimore, Maryland, where he serves as Deputy Director of the Risk Sciences and Public Policy Institute. He previously served as Assistant Executive Director, Education, Research, and Community Affairs at the National Osteoporosis Foundation and in several positions at the American Lung Association National Office, culminating in Assistant Vice President, National Policy. He earned his Master of Science in environmental studies from Antioch University, and his Batchelor of Science in environmental science from Clark University. Prior to joining the American Lung Association, he was senior transportation/air quality planner and then public participation coordinator for air quality planning at the Tri-State Regional Planning Commission in New York. Mr. White currently serves as a member of the External Science Advisory Committee for the National Environmental Respiratory Center, and has served as a member of the National Research Council Committee on Research Priorities for Airborne Particulate Matter, and as a consultant to the EPA Clean Air Scientific Advisory Committee for the Particulate Matter NAAQS review. He has also served as a member of the Integrated Human Exposure Committee of the EPA Science Advisory Board, as well as on the EPA Blue Ribbon Panel to review the use of oxygenates in gasoline. He serves as project director for a U.S. Environmental Protection Agency contract with Johns Hopkins University to prepare a report “State of the Science: Low Dose-Response Extrapolation Approaches”. _______________________________________________________________________________ Lora Siegmann Werner, MPH Senior Regional Representative Agency for Toxic Substances and Disease Registry (ATSDR), Region 3 Department of Health and Human Services 1650 Arch Street, 3HS00, Philadelphia, PA 19103 phone: 215-814-3141, fax: 215-814-3003 cell: 215-588-9778 email: lkw9(a)cdc.gov CDC.gov is Your Online Source for Credible Health Information. Visit www.cdc.gov.

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Group Against Smog & Pollution activities
by Duane330＠aol.com 19 Jan '11

19 Jan '11

GASP Meet-n-Greet Learn more about regional air pollution and how you can get involved in advocating for cleaner air in southwestern PA. We are currently seeking board members, committee members, and volunteers. Join us to learn about GASP's current air quality campaigns and meet with the staff and board. There will be plenty of good food, drink, and lively conversation. Wednesday, February 2, 2011 6:30-8:00pm Wightman School Community Building 5604 Solway St., #204 Pittsburgh, 15217 Please RSVP to _gasp(a)gasp-pgh.org_ (mailto:gasp@gasp-pgh.org) or by calling 412-325-7382. Marcellus Monitoring The transition from Governor Rendell to Governor Corbett will bring many changes to the state. Questions about the safety of Marcellus Shale gas drilling, extraction, and transport refuse to die, regardless of the industry's rosy claims. If you're looking to learn more or get involved, consider attending the Marcellus Citizen Stewardship Project -- Visual Assessment Training. Thursday, January 27, 2011 6pm-9pm Location: _Room 114 of the Burnett Building at Washington and Jefferson College, Washington, PA_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104241164534&s=244&e=001jzDYbiv… VFaz0k_OAC--LUWNhCAejw9eWZvIOtBjWfmMNmwxG-PRj0A-EdPv6MwSYv3SkrSQ2eBi) Topics to be covered include permitting and regulations, air and water pollution, the use of the FracTracker data platform, filing a complaint, and safety. Once participants have completed this training there will be additional opportunities for air and water monitoring instruction. A copy of the 80-page Visual Assessment Manual is provided; this resource contains the protocol for logging and reporting information. RSVP's are not required; however, space is limited--- first come, first served. For more information please contact Veronica Coptis at _veronica(a)mtwatershed.com_ (mailto:veronica@mtwatershed.com) or 724-455-4200.

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Fw: Marcellus Shale Symposium, UPitt School of Public Health
by Peggy Filios 10 Jan '11

10 Jan '11

Hi. I wasn't sure any on this distribution list was aware of this Symposium occurred? It was held in November. Presentations from the symposium are available (see links below) Peggy ---------------------------------------------------------------- Health Effects of Shale Gas Extraction Focus of Symposium - November 19, 2010 The University of Pittsburgh Graduate School of Public Health is convening a meeting today of experts from across the country meeting to explore what is known and not known about the health impacts of extracting, refining and delivering natural gas from shale deposits, including the Marcellus Shale. The conference will identify issues for which timely research studies can be used to support sound policy decisions. Presenters also will discuss the latest research findings on water management and economics related to gas extraction. Natural gas plays a key role in the nation's clean energy future and energy independence. Over the past few years, several key economic and energy policy developments have spurred increased gas extraction and the use of hydraulic fracturing to recover gas over diverse geographic regions and geologic formations. However, as with any technology that involves management of potentially toxic substances, questions have been raised about the impact of increased hydraulic fracturing and other gas extraction procedures on drinking water resources, air quality, public health and the environment in the vicinity of gas extraction facilities. "Given recent concerns voiced over gas extraction procedures such as those at the Marcellus Shale, it is essential and timely to bring together experts to share information and shape the focus of future research," said Dr. Conrad Dan Volz, director of The Center for Healthy Environments and Communities at the University of Pittsburgh Graduate School of Public Health (GSPH) and assistant professor, GSPH's department of environmental and occupational health. The symposium, sponsored by the Heinz Endowments and the R. K. Mellon Foundation, will take place from 8 a.m. to 6 p.m. at the University Club, 123 University Place, Oakland, CA. Presentations will be made available on the website after the conference. http://www.eoh.pitt.edu/marcellus.asp#presentations For more information, http://www.eoh.pitt.edu/marcellus.asp.

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EPA reports .....
by Duane330＠aol.com 05 Jan '11

05 Jan '11

EPA DELIVERS REPORT ON 15 YEARS OF ACID RAIN REDUCTIONS EPA released a report showing the Acid Rain program's 15 years of success in dramatically reducing sulfur dioxide (SO2) and nitrogen oxide (NOX) emissions, saving lives and ecosystems. An analysis in 2010 estimates annual public health benefits of the program at more than $120 billion, about 40 times the estimated cost. For some of the major accomplishments of the program, go to _http://www.epa.gov/airmarkets/progress/ARP09.html_ (http://www.epa.gov/airmarkets/progress/ARP09.html)

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EPA in Service to America
by Duane330＠aol.com 20 Dec '10

20 Dec '10

_EPA Greenhouse Gas Regulation _ (http://fuelfix.com/blog/2010/12/20/epa-greenhouse-gas-regulation-won’t-caus…) Won’t Cause the Sky to Fall Posted on December 20, 2010 by _Victor Flatt_ (http://fuelfix.com/blog/author/victorflatt/) in _Climate_ (http://fuelfix.com/blog/category/climate/) , _Climate Change_ (http://fuelfix.com/blog/category/climate/climate-change/) , _Efficiency_ (http://fuelfix.com/blog/category/efficiency/) , _Electricity_ (http://fuelfix.com/blog/category/electricity/) , _Environment_ (http://fuelfix.com/blog/category/environment/) With the DC Circuit finding that those opposed to greenhouse gas regulation by the EPA have not shown irreparable harm if it goes forward, and with the withdrawal of Senator Rockefeller’s proposal to delay implementation, come Jan. 2, 2011, the EPA will officially begin regulation of greenhouse gases as a pollutant under the Clean Air Act. Since every state has received authority to implement the Clean Air Act’s requirements within the state, this means that all fifty states need to be ready and able to begin permitting of major sources of greenhouse gases at this time. As of this time, the EPA estimates that all states (except Texas, which has refused) will be ready to implement the requirements by January 2 or shortly thereafter. Perhaps now that the actual limited regulation will begin, those who have been saying that the regulation will be incredibly complex and harm the economy and energy sources can finally stop crying wolf and move on to their jobs of securing permits for needed sources. Because the truth is that the permitting sources should be able to implement the program without much difficulty. First of all, the scope is limited. Initially, it only applies to large sources that would already undergo PSD permitting. Moreover, the EPA has been relatively clear through guidance about what kind of Best Available Control Technology (BACT) it expects from sources that must be permitted. More or less, the EPA is asking that any power generation boilers be ultra efficient, that the use of lower carbon impact fuels be employed where feasible, and that any technology that is necessary for the ultimate implementation of carbon capture be considered. Each of these decisions will be made in a one on one negotiation with the state that is permitting the source. Though the states have themselves been nervous about coming up to speed, the procedure is no different from the BACT requirements that they already impose. In fact, because of its limited scope, there won’t be very many permit applicants, meaning that these first few should not be that difficult to implement, if the sources themselves are reasonable and negotiate in good faith. If any attorneys want to continue to cry wolf and make this more difficult than it has to be, they can do so, but they do so at the risk of hurting their clients’ interests. You can continue objecting all you want and try to continue to paint the EPA as the bad guy, but in the next few months, you will be proven wrong. So my advice is to get down to business. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> EPA LAUNCHES WEBSITE INFORMING THE PUBLIC ON EPA REGULATIONS EPA has launched Reg Stat, a new website that provides information on the number, type, and range of regulatory documents developed each year by the agency, and the important role the EPA regulatory system plays in addressing the nation's environmental problems. Based on EPA documents published in the Federal Register between 2005 and 2009, both summary graphics and searchable data tables can be downloaded and sorted based on categories of interest. Complex terminology is explained. For more information, go to Reg Stat _http://www.epa.gov/regstat_ (http://www.epa.gov/regstat) .

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EPA Action Needed on Smog
by Duane330＠aol.com 17 Dec '10

17 Dec '10

Standards on Smog Letter to the Editor, The New York Times, Published: December 16, 2010 Re “_E.P.A. Delays Tougher Rules on Emissions_ (http://www.nytimes.com/2010/12/10/science/earth/10epa.html?scp=1&sq=emissio…) ” (front page, Dec. 10): It’s not surprising that the coal and oil industries are seeking to block clean air progress, but that is no excuse for the Obama administration’s delay of new lifesaving smog standards. By the Environmental Protection Agency’s own estimate, putting off this decision for another half year means that between 2,000 and 6,000 Americans will die because of air pollution. Further, even the most stringent ozone standard that the E.P.A. is considering would still have a net economic benefit of billions of dollars, as the savings in health care costs would outweigh the costs of pollution controls. It’s past time for the E.P.A. and the Obama administration to do the job that the Clean Air Act demands. This is a critical juncture for the Obama administration to decide whether to betray the promise the president was elected on and reach what amounts to a fatal compromise for thousands of Americans — or to move forward as promised with the much-needed standards that will both save lives and move us toward clean energy prosperity. Michael Brune, Executive Director, Sierra Club, San Francisco, December 10, 2010 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Submitted by: Duane Nichols, 330 Dream Catcher Circle, Morgantown, WV 26508

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Outdoor buring generates CO
by Duane330＠aol.com 16 Dec '10

16 Dec '10

Outdoor burning generates CO The atmospheric trace gas, carbon monoxide, has important effects on methane and on ozone, and is important both in atmospheric chemistry and for its indirect influence on climate. Little is known about the abundance and sources of CO prior to the industrial age, or about the importance of anthropogenic activities on its budget. Wang et al. (p. _1663_ (http://www.info-aaas.org/l.jsp?d=6965.755875.654.4uN8ldid5) , published online 2 December; see the Perspective by _Prentice_ (http://www.info-aaas.org/l.jsp?d=6965.755874.654.4uN8ldid5) ) present a 650-year-long record of CO atmospheric concentration and isotopic composition, using samples from Antarctic ice cores, in order to begin to reconstruct past CO variability and its causes. The concentration of CO decreased by about ~ 25%, from the mid-1300s to the 1600s, and then recovered completely by the late 1800s. Large variations in the degree of biomass burning in the Southern Hemisphere are likely to have been primarily responsible for the observed changes. ____________________________________ Duane Nichols, MVCAC, 330 Dream Catcher Circle, Morgantown, WV 26508

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Pgh Post-Gazette 8-part air quality series
by Duane330＠aol.com 13 Dec '10

13 Dec '10

December 13, 2010 Pittsburgh Post-Gazette Publishes 8-part Air Quality Series Starting Sunday, Dec. 12th, the _Pittsburgh Post-Gazette began an 8-part series_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104036893207&s=244&e=001wwMgUMZ… aIn1_kW49h2JMacAt2G4k0vnYEyAGnQkF0QlDHYrw==) on air quality in our region, and GASP will be commenting on the articles on our _website_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104036893207&s=244&e=001wwMgUMZ… HTmTvAER7IIRlpQcQxMJ2brYrs12svnBWypKEpQOImztAEetwT6d5PEt-Lq0w4g5YEsFpnzr8fF5 nlxlVxhb4E5U8K5falRiA==) . Air quality in southwestern Pennsylvania is a serious problem, with grave consequences for human and ecological health. Air pollution has been linked to cardiovascular disease, heart attacks, asthma, and chronic lung disease, among other ailments. Fine particulates, ground-level ozone, mercury, benzene, and other damaging compounds are often invisible but are linked to severe health problems nonetheless. Sources of these pollutants are plentiful, and are both mobile, such as trains, trucks, and construction equipment, and stationary, such as coal-fired power plants and coke-making facilities. Learn more about the harmful effects of fine particulates with a GASP brochure _here_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104036893207&s=244&e=001wwMgUMZ… 0WvJZiKoa3hkuY0EPclay7ahAe61AY1ZL5Wmmgnx8NdYdBIfT-C0L3HUqh2R4VvEKaUIER68Tq5h BeOIvVMOZsqpGTqlqTiQatvw4aLA1cWOhw==) . GASP has a long history of working on air quality issues in southwestern PA. We understand the issues from technical and legal perspectives. There are no easy answers to our ongoing dirty air problem. Solutions will need to be both regional and local, and pollution reductions will need to come from both mobile and stationary sources. We must continue our policy, advocacy, and educational efforts to increase community awareness about the problems, and to hold polluters and decision makers accountable for our region's air pollution. What is GASP doing about it? * Pushing for more protective Air Toxics Guidelines in Allegheny County, through advocacy and our membership on the Board of Health's Air Toxics Guideline Proposal _Committee_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104036893207&s=244&e=001wwMgUMZ… _A23T6PLTFAj1SyiqcNcRjgt4Tx-vVbyuM_WsMsyN5H-H0xrjklyl6K9BkgLOyE3nP5vs-UnlSBq aejv6RPU8gb2xRtRzvcd65RjcqPAjm7Jw) . * GASP and Clean Water Action continue to lead the _Allegheny County Partnership to Reduce Diesel Pollution_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104036893207&s=244&e=001wwMgUMZ… 7ukn9NdP1h-tcMpRPzZaKbBijdXd335uL6ayXyLWTeYjWY1013d3nL9_fJkb67QqPEpU7BkPmd3M _eicEiKDO5) . The Partnership is currently advocating for clean construction legislation in Pittsburgh which would require contractors receiving public subsidies for large construction projects to work on reducing pollution from their fleets. * Acting as an environmental watchdog, community organizer, and litigator. GASP actively participates in environmental decision-making by educating and organizing the public, informing officials of the environmental consequences of their actions, _testifying at hearings_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104036893207&s=244&e=001wwMgUMZ… p2_qXh5SitQNZYyZAIdh5yfXJSRYkiciGWs11LQloAk8_PWWGkEQUY0AZ5unKLh_9kRIhHKW-oOZ z_NmtVtJxu0-9kjyU6pA3B81siTuk4FEnrYEv42BZh8kC6i52gctKBEhv) , submitting comments on regulatory proposals, and _challenging permitting and regulatory decisons_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104036893207&s=244&e=001wwMgUMZ… 59QdnIOhRfAz7HnYwvJ-1GbpuQzy8XTVEm_A4M2Qqj2u1SGg9h-6lm6GQeT38WmIMKfC1ZZOPBcW 38yWH9ZxF9M55Ja20bkrlwoqMqNbawiFW1m-P13Ec) that have adverse environmental and human health consequences. * Advocating for air quality regulations around natural gas drilling and urging drillers to utilize effective control technologies in their operations. Check out our _recent letter_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104036893207&s=244&e=001wwMgUMZ… nB4T22o8aOyXwRSJj7FxMYue74s3mh4QZ2rMeV0twW_91fYC2-gisgUZP36-_Zz-YA0AAxQhoGxM s6_6OGi5_bZ81OWOmM4P6EOPuueitMeSSGC382ua) in the Post-Gazette. What can you do? Visit the web-sites: (a) www.gasp-pgh.org (b) www.monvalleycleanair.org

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Volumes of Greenhouse Gases From Liquid Coal
by Duane330＠aol.com 11 Dec '10

11 Dec '10

Posted: December 10, 2010, The Huffington Post, by Miles Grant. B_lackened Pork: Liquid Coal Subsidies Sneak Into Senate Tax Bill_ (http://www.huffingtonpost.com/miles-grant/blackened-pork-liquid-coa_b_79517…) Is regular coal not dirty enough for you? Meet liquid coal fuel! Destructive to mine, water-intensive to manufacture, devastating to our climate at every step of the way -- liquid coal is _one of the world's dirtiest fuels_ (http://www.nwf.org/Global-Warming/Policy-Solutions/Climate-and-Energy/Stop-D irty-Fuels.aspx) . Liquid coal production emits twice as much global warming pollution as gasoline & requires at least four gallons of water per gallon of fuel produced. Today the National Wildlife Federation learned the Senate version of tax legislation includes subsidies for liquid coal fuels. Section 704 of the Senate tax bill as written right now would extend the Alternative Fuel Tax Credit to liquid coal, giving a 50-cent tax credit for each gallon of liquid coal sold or used in a fuel mixture. While many senators have fought to include important clean energy provisions in the the tax package, the National Wildlife Federation strongly opposes expanding alternative fuel tax credits to cover dirty liquid coal. Why? For starters, the provision could cost taxpayers $400 million per plant, every year. That's on top of the subsidy coal already receives by not having to pay for its pollution -- today in America, polluters can dump as much carbon pollution as they want into our atmosphere free of charge. The carbon-intensive process of turning coal into liquid fuel is only part of the equation. The liquid coal is then burned by the vehicle, where it emits even more carbon pollution than traditional gasoline, along with plenty of other pollutants to the air in our communities. And of course there are all the ecological risks linked to coal mining -- habitat loss, ground water contamination & mountaintop removal. (http://www.flickr.com/photos/nationalmemorialforthemountains/255174892/in/s…) Why does the coal industry need these huge subsidies? The coal business is in the black these days (no pun intended). Peabody Energy, the largest private-sector coal company in the world, just reported its _profits doubled_ (http://online.wsj.com/article/SB10001424052702304510704575561922040110114.h…) the last quarter to $224 million in just those three months. But while coal-fired electrical power is incredibly profitable, producing dirty liquid coal fuels is phenomenally expensive. Liquid coal facilities cost as much as $6 billion for a single plant. The bottom line is, liquid coal can't stand on its own two legs. It needs massive subsidies from Congress AND it needs to be able to treat our atmosphere like an open sewer. If both of those things aren't true, liquid coal simply can't compete with cleaner energy sources.

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Global Warming and the El Nino (w/tilde)
by Duane330＠aol.com 10 Dec '10

10 Dec '10

Climate Change: El Niño Lends More Confidence to Strong Global Warming <NOBR>Richard A Some scientists have argued from observations that global warming will alter clouds in ways that will largely counter warming by greenhouse gases. But the overwhelming majority of climate scientists sides with the models, which show clouds changing in ways that amplify warming, not dampen it. Whom to believe? To help sort it out, a climate researcher looked at the example of El Niño and La Niña, naturally occurring weather patterns that cause warming (El Niño) and cooling (La Niña) in the tropical Pacific and around the globe. In a report on page _1523_ (http://www.info-aaas.org/l.jsp?d=6890.748281.654.8cAH8W7w42QgXi5scbyBzCg..A) of this week's issue of Science, he analyzes how they have actually influenced clouds and concludes that—at least on the scale of decades—clouds do not counter warming. Full story at _http://www.sciencemag.org/cgi/content/full/330/6010/1465?sa_campaign=Email… (http://www.info-aaas.org/l.jsp?d=6890.748280.654.8cAH8W7w42QgXi5scbyBzCg..A)

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........ On CO2 Storage Underground
by Duane330＠aol.com 08 Dec '10

08 Dec '10

GEOLOGIC SEQUESTRATION REPORTING RULES ENSURE SAFETY AND USE OF THE TECHNOLOGY TO REDUCE GREENHOUSE GAS EMISSIONS On Nov. 22, EPA finalized two rules for large emitters of greenhouse gases such as coal fired plants to foster the use of an environmentally safe geologic sequestration/storage technology in reducing greenhouse gas emissions. One rule ensures drinking water protection during the carbon sequestration process, the other tracks the amount of carbon dioxide that is stored underground for long-term storage. For more information on the geologic sequestration rule, go to _http://water.epa.gov/type/groundwater/uic/wells_sequestration.cfm_ (http://water.epa.gov/type/groundwater/uic/wells_sequestration.cfm) More information on the greenhouse gas reporting final rule: _http://www.epa.gov/climatechange/emissions/ghgrulemaking.html_ (http://www.epa.gov/climatechange/emissions/ghgrulemaking.html)

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Nemacolin (Greene county) is south of Carmichaels, PA
by Duane330＠aol.com 08 Dec '10

08 Dec '10

Washington PA OBSERVER REPORTER Wednesday 8 December 2010: Nemacolin plant hearing draws crowd 12/8/2010 NEMACOLIN - The Nemacolin union hall was packed Tuesday for a public hearing on Wellington Development's application for an extension on the air quality permit the company received five years ago to build a waste-coal burning power plant in Nemacolin. Wellington is seeking an additional five years from the state Department of Environmental Protection to construct the 525-megawatt plant, which will burn waste coal from Nemacolin and nearby coal refuse piles. DEP has proposed approving the extension but is required to hold a public comment period on the application. The agency also proposed several modifying conditions to the permit including reduced emissions for some pollutants. Wellington received its initial air quality permit in June 2005. Bill Campbell of the engineering firm AECOM, who spoke on Wellington's behalf, said the company will be unable to complete the project in the initial five years because of litigation that was filed regarding the permit. Environmental groups unsuccessfully challenged the project before the state Environmental Hearing Board and through the state court system, he said. Campbell also noted the plant is being built with private financing which could not be finalized until the litigation was resolved. Campbell described the project as a "resource recovery" project, pointing out refuse piles from which the plant will take its fuel are currently burning, emitting pollutants into the air. In addition, many toxic chemicals in the coal waste are now being washed into area streams during rains, he said. The coal refuse will be burned with limestone and create an ash that will be used to reclaim the sites. The ash material will also "encapsulate" many of the harmful pollutants, Campbell said. "We're not fixing the world, but we're trying to fix 500 acres of it with this project," he said. Most of the people in attendance appeared to be in favor of the extension, judging from the applause received by those who asked it be granted. Those in favor, which included the United Mine Workers and the Plumbers and Pipe Fitters unions, spoke of the jobs the plant will create and the benefits of cleaning up the refuse piles. The plant will create 1,300 construction jobs, 70 full-time plant jobs and about 450 associated jobs in excavation, transportation and reclamation, the company said. Tony Brnusak of Masontown, a UMW miner, said he remembered a time when every house burned coal and he saw nothing wrong with it in the current plan. "These are good paying jobs," Brnusak said. He also spoke of the many coal refuse sites that dot the area's landscape. "These coal piles need to be cleaned up and these communities need to be beautified," he said. Ed Yankovich, international executive board member for UMW District 2, read a letter from UMW President Cecil Roberts supporting the project. Several speakers also opposed the plan saying it would only create more pollution and would fail to solve existing problems. Rachel Martin of the Sierra Club said the project would "replace one environmental harm with another" and alternatives for reclaiming the sites should be explored. Robert Jennings, an attorney for several environmental groups, said the company is required to use state of the art technology to control pollutants and if applying for a permit today might have to change its plan because of advances in technology during the last five years. Copyright by Observer-Reporter. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> p.s. Duane Nichols and Paula Hunt of MVCAC spoke in opposition to the permit renewal.

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Wellington 580MW GOB-Coal project (Nemacolin, PA)
by duane330＠aol.com 06 Dec '10

06 Dec '10

Update: November 2010 The Pennsylvania Department of Environmental Protection released a notice that it will hold a public meeting to answer questions and take testimony concerning Wellington Development’s application to extend and modify the Plan Approval for the proposed Greene County coal plant. The meeting will take place at 6:00 p.m. on December 7, 2010 at the United Mine Workers Hall located at Pershing Blvd., Nemacolin, PA. The DEP intends to approve Wellington’s request to extend the Plan Approval by five years and modify certain permit conditions to limit emissions of hazardous air pollutants, which will keep the facility below major source thresholds and thus avoid installing costly control technologies. Update: August 2010 On May 11, 2010, the Pennsylvania Department of Environmental Protection issued a Coal Surface Mining Permit to Penn Development Services allowing the company to conduct coal surface mining operations at the site of Wellington’s proposed Greene County plant, a 580 gross MW coal plant consisting of two CFB boilers designed to burn dirty waste coal. Wellington received a construction permit for the proposed plant back in June 2005, but construction activities at the site were halted in June 2009 when the developers uncovered a 500-ton coal vein at the property. The department also issued a water pollution control permit for the mining activities the same day. A few days later, Penn and Wellington signed a Consent Assessment of Civil Penalty, agreeing to pay the state a $60,000 fine for unlawful activities related to its previous construction at the site. Back in June 2008, the PA DEP extended Wellington’s construction permit until 2011 and informed Wellington that it needed to submit an application for MACT approval, which is currently in the permitting process. In January 2009, Wellington requested another extension of its construction permit to 2014, which the department has not acted on yet. It is unclear when the department will issue a draft permit for notice or comment and make its decision on the permit extension. Update: March 2010 Mercury is a dangerous pollutant common around coal power plants. If exposed, humans risk serious health problems. Pennsylvania is home to four of the top 50 worst coal power plants for mercury emissions, including one in Greene County. The people of Green County deserve clean drinking water. Building yet another dirty coal plant in their backyard is unnecessary and dangerous. Update: June 2009 All construction at this site has been halted! While clearing lands for the boilers developers discovered a 500-ton coal vein. This means that PDEP must now go back and determine if the existing permit allows for mining or if Wellington must apply for a new mining permit before they can continue. PDEP has not made any decisions yet and all work at the site has been stopped indefinitely. Update: July 2008 On June 27, 2008, the Pennsylvania Department of Environmental Protection (DEP), in response to Public Justice’s expert report, ordered Wellington Development to submit an application for a Maximum Achievable Control Technology (MACT) determination for the proposed Greene County plant. The company must now include a plan to control mercury and other toxic emissions from the plant in order to meet MACT standards. On the same day, the Pennsylvania DEP issued an extension for Wellington Development’s permit approval expiration date. Update: June 2008 In April, 2008 Wellington Development requested that the Pennsylvania Department of Environmental Protection allow them to extend their permit approval expiration date by a full six years. The Sierra Club, along with National Parks Conservation Association, Chesapeake Bay Foundation, and Group Against Smog and pollution previously submitted comments objecting to this request, and urging the PA DEP to allow for a 30-day comment period, giving the public an opportunity to weigh in. It seems that the DEP won’t be scheduling any such comment period, so on June 18th Public Justice, the organization representing the Club and other groups, submitted an extensive expert report examining the use of Maximum Achievable Control Technology (MACT) to control toxic mercury emissions at the Wellington Greene County plant. In order for Wellington to continue with their proposed plant, the letter notes that Wellington "must submit a new application for Plan Approval that meets both BACT (Best Achievable Control Technology) and MACT standards and Pennsylvania law and policy." Update: May 2008 On May 13, 2008 Judge Maurice Cohill of the United States District Court for the Western District of Pennsylvania ruled to dismiss the Sierra Club's case against Wellington. Despite this decision, the Sierra Club and it's allies will continue to fight for clean air and healthy communities in Pennsylvania. The Club, represented by Public Justice, has sent several letters to the Pennsylvania Department of Environmental Quality urging them to revoke Wellington’s Plan Approval due to the fact that it does not contain a MACT, or Maximum Achievable Control Technology, determination for mercury, as required by the Clean Air Act. Update: February 2008 On February 28, 2008 the Sierra Club, National Parks Conservation Association, Group Against Smog and Pollution and the Chesapeake Bay Foundation took legal action against Wellington Development's proposed Greene Country coal-fired power plant. In their challenge the groups cited Wellington's failure to begin construction in accordance with the time limitations set out in their permit from the Pennsylvania Department of Environmental Protection (DEP). In addition, this coalition has asked the PA DEP to revoke Wellington's permit because it does not take into account the stricter emission standards on toxic mercury made law by a recent court decision. Update: July 2007 After a lengthy appeals process before the Pennsylvania Environmental Hearings Board, in February The Group Against Smog and Pollution (GASP) appealed to the Pennsylvania Commonwealth Court. Unfortunately the local group, who have been extremely active in efforts to oppose this new, dirty energy source, lost the appeals. According to a local source, as of July 2007 Wellington has broken ground but no construction has begun. Background Wellington Development has obtained a permit to construct a 580 megawatt waste coal burning facility in Cumberland Township, Pennsylvania. A group of individuals, the National Parks Conservation Association, and the Group Against Smog and Pollution have filed a legal challenge to the permit. The US Forest Service and the National Park Service state that the waste coal plant will cause damage to national parks and forests as far away as 60 to 100 miles. The comments of these organizations as well as many others, including the PA Chapter of the Sierra Club, can be found here. See Case Documents and Other Related Information Password required - contact the Sierra Club Environmental Law Program.

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Re: [MVCAC] Second: Wellington testimony
by James Kotcon 02 Dec '10

02 Dec '10

I support the concept. Attached please find some materials I prepared for the original permit application in 2005. One is my comments on a "fact" sheet circulated by Wellington at the time. A second is a chart illustrating the emissions levels. The third is the comment letter I submitted on the air permit. Feel free to use any that you deem appropriate, although a significant re-write is needed for some of the permit comments. It is my understanding that a few of the comments I submitted on the original air permit were addressed in the final permit, and several other sections (e.g., mercury emissions rules) clearly need to be updated, as the EPA Clean Air Mercury Rule was overturned and a new mercury rule is to take effect early next year. In addition, the statements on greenhouse gas emissions need to be given a complete re-write because the Supreme Court has since ruled that greenhouse gases are subject to EPA regulation, and EPA has determined that greenhouse gases constitute a threat to human health (2009 endangerment finding). I also recommend that we request a significant extension of the comment period, as a simple renewal is not appropriate and a thorough revision of the air permit should be required, including a new BACT analysis. The reason that permits expire after five years is because Congress recognized that new pollution-control technology would make old permits "stale", hence new analyses are required to determine whether the old permit limits are appropriate. Since this plant has not yet started construction, an extension is a direct contradiction of the intent of the Clean Air Act that new BACT analyses be required. Jim Kotcon >>> Paula Hunt <pjhunt(a)xemaps.com> 12/2/2010 6:22 PM >>> I second the motion. - paula ................................................................................ At 12/2/2010 02:34 PM, Duane wrote: > >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >It is herewith proposed that MVCAC submit testimony in opposition to >the 5-year extension of the permit for the Wellington gob burning >power plant in Fayette County, PA, just a few miles north of >Morgantown. Please let me know if you have comments. . . . . . . >. Duane Nichols, MVCAC Spokesperson. > > >Public Hearing on Plan to Construct >Waste Coal-Fired Power Plant in Greene County > >On the evening of December 7th the Pennsylvania Department of >Environmental Protection will hold a public meeting and hear citizen >testimony on Wellington Development LLC's proposal to build a 525 >megawatt waste-coal-fired power plant in Nemacolin, Greene County, >PA. If constructed, this facility would serve as a massive new >source of pollution for Greene County and our region as a whole, >including the Pittsburgh metropolitan area, Shenandoah National >Park, the James River Face Wilderness Area, Dolly Sods, and Otter >Creek Wilderness area. > > > >Wellington first received a permit to build the facility in 2005. >(Several years ago GASP joined the Sierra Club, the National Parks >Conservation Association, and the Chesapeake Bay Foundation in an >ultimately unsuccessful legal effort to invalidate the 2005 permit). >Five years later the plant still has not been constructed. >Wellington is now seeking a 5-year extension on their construction >permit. Our region is already out of attainment for fine >particulates and ozone. If built this project would impose an >additional air pollution burden on our region for decades to come. > > > >The PADEP hearing is scheduled for December 7th at > >United Mine Workers Hall > >92 Pershing Boulevard > >Nemacolin PA, 15351 (map) > > > >An informational meeting will start at 6:00 p.m., public testimony >will start at 7:00 p.m. > > > >Those wishing to present oral testimony during the hearing should >contact Community Relations Coordinator Katherine Gresh, at (412) >442-4000, before December 7, 2010 to register. Commentators should >provide three written copies of their remarks to aid in >transcription. Each commenter's oral testimony shall be limited to 10 minutes. > > >More information on the project is available in the ><http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104012270817&s=244&e=001fABDckg…>Pennsylvania >Bulletin (search for Wellington) >_______________________________________________ >MVCAC mailing list >MVCAC(a)cheat.org >http://cheat.org/mailman/listinfo/mvcac

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Wellington gob-coal plant permit hearing on December 7th
by Duane330＠aol.com 02 Dec '10

02 Dec '10

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> It is herewith proposed that MVCAC submit testimony in opposition to the 5-year extension of the permit for the Wellington gob burning power plant in Fayette County, PA, just a few miles north of Morgantown. Please let me know if you have comments. . . . . . . . Duane Nichols, MVCAC Spokesperson. Public Hearing on Plan to Construct Waste Coal-Fired Power Plant in Greene County On the evening of December 7th the Pennsylvania Department of Environmental Protection will hold a public meeting and hear citizen testimony on Wellington Development LLC's proposal to build a 525 megawatt waste-coal-fired power plant in Nemacolin, Greene County, PA. If constructed, this facility would serve as a massive new source of pollution for Greene County and our region as a whole, including the Pittsburgh metropolitan area, Shenandoah National Park, the James River Face Wilderness Area, Dolly Sods, and Otter Creek Wilderness area. Wellington first received a permit to build the facility in 2005. (Several years ago GASP joined the Sierra Club, the National Parks Conservation Association, and the Chesapeake Bay Foundation in an ultimately unsuccessful legal effort to invalidate the 2005 permit). Five years later the plant still has not been constructed. Wellington is now seeking a 5-year extension on their construction permit. Our region is already out of attainment for fine particulates and ozone. If built this project would impose an additional air pollution burden on our region for decades to come. The PADEP hearing is scheduled for December 7th at United Mine Workers Hall 92 Pershing Boulevard Nemacolin PA, 15351 _(map)_ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104012270817&s=244&e=001fABDckg… R9QMDxcuu7Q2ULyFP8umfo6g7TJl_KO2gv5OMa5AK384h49sYfOkhzTUEgmEvkBMOtRNCgTEwGPg tmey_xoY5SFiMl3R9cYiRqohq3l3DZzwyjP0RDwUWlQHGFOggCagBU2WvncXCiPAdhqhWxKXjTgB O0o8fW1r-T9B6ORmRM4Ixvl7-GHkETolevXug3-gN8L6IfLTAHACVo2-ZXdCJRuzF94JZ5cVnwpY 4VRUygODHbxETMy4FRyWdVwepG0z-zvulDmLfeZUBfHFQKk9a18qO-EUCNT5l72IRVrec1q9w0h- mOs0ThHE4EAM7VrXpoUbLO6qXCXub42MhjlMNemVe6R4BvUqqyW8pSGvoNf29TIPy8zp_Hv7x8Rd qJijBmp8T8M9dOMtgfOJxfxBaKAbodiD4N1Q==) An informational meeting will start at 6:00 p.m., public testimony will start at 7:00 p.m. Those wishing to present oral testimony during the hearing should contact Community Relations Coordinator Katherine Gresh, at (412) 442-4000, before December 7, 2010 to register. Commentators should provide three written copies of their remarks to aid in transcription. Each commenter's oral testimony shall be limited to 10 minutes. More information on the project is available in the _Pennsylvania Bulletin _ (http://r20.rs6.net/tn.jsp?llr=izlefwcab&et=1104012270817&s=244&e=001fABDckg… DywhkjFWH2EDS4kEZRFDcCxfjWYmmCDft9H3w-QaEdhK7je3yLYA9QUWLdEONJ4lVMGCBzOC2fMP ukOXn_oiv9TdPSs=) (search for Wellington)

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"Cap and Trade" not for Senator Rockefeller
by Duane330＠aol.com 01 Dec '10

01 Dec '10

Dear Duane, Thank you for contacting me with your thoughts on climate change and so-called "cap-and-trade" legislation. I understand the strong convictions you have on this subject and recognize how vital this issue is, not only to you, but also to our state. I always appreciate hearing from fellow West Virginians on such important matters. Climate change is a serious issue that I believe our nation and the world must begin to address by reducing our greenhouse gas emissions. However, any attempt to confront climate change must also protect our economy. In West Virginia, a critical part of that economy is coal. For over 100 years, coal has provided West Virginians with good paying jobs and low electricity prices. Coal currently provides almost half of our nation's electricity and is an essential part of America's energy future. I believe that Congress can address these issues as part of energy and climate legislation that both reduces our greenhouse gas emissions and simultaneously secures the future of coal. To that end, I have laid out seven core principles that must be included in energy and climate legislation: o First and foremost, the United States must recognize and embrace coal as an essential part of our nation's energy plan. West Virginians have long recognized how important coal is to our economy, but today millions of Americans rely on West Virginia coal without even realizing it. o Second, we must safeguard American energy and manufacturing jobs. o Third, we must defend the U.S. economy against unfair competition from nations like China and India and make sure our trade-exposed manufacturers are never put at a disadvantage. o Fourth, we must protect working families from rising energy costs at home. o Fifth, we must invest aggressively in new and existing technologies - including, but not limited to, carbon capture and storage which I have proposed in bipartisan legislation (S.3591)--to make coal cleaner and establish U.S. energy dominance. o Sixth, we must insist that efforts to address greenhouse gas emissions give our economy and our industries the time that's needed to develop and implement these new technologies. o Seventh, legislation should be the final word providing regulatory certainty by prohibiting the EPA from imposing additional burdensome requirements on coal-fired power plants. There are currently several different legislative proposals to address climate change that include "cap and trade". However, I do not believe that any of these proposals have embodied the seven principles that I have outlined above, and therefore I do not support them. I also firmly believe major energy policy should be the result of congressional action and not Environmental Protection Agency regulation. The EPA has limited authority to address economic needs or to encourage new technologies and no obligation to protect the jobs of hard-working people of West Virginia and the nation. That is why I have introduced legislation, the Stationary Source Regulations Delay Act (S. 3072), to suspend any potential EPA regulation of greenhouse gases for two years - giving Congress the time that is needed to address this complex issue in a way that will work for West Virginia and the nation. Thank you again for taking the time to contact me on such an important issue. As always, I wish you the best. With Warm Regards, Jay Rockefeller

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Please Comment to EPA before Nov. 19, 2010 on Coal Combustion Waste Regulation
by Paula Hunt 17 Nov '10

17 Nov '10

Comment to EPA before Nov. 19, 2010 on Coal Combustion Waste Regulation Time is running out! November 17, 2010 from J.K. and the <http://www.environmentalintegrity.org>Environmental Integrity Project Please send comments by Nov. 19 to USEPA asking them to: * Regulate Coal Combustion Wastes under RCRA Subtitle C as Special Waste *not* Solid Waste. Studies show that ash is hazardous, and that ground water under ash impoundments violates water quality standards. West Virginia does not limit contamination! We need federal oversight on this!! * Tighten the loopholes for ''Beneficial Use'' -- especially in mine land applications. Much of the coal ash in northern West Virginia is exempted because it is dumped on mine sites as a so-called ''beneficial use.'' Under this provision, the mine is exempted from requirements for liners, leachate collection, ground water monitoring, and more. In fact, if EPA adopts their proposed rule, it may push even more ash onto these mine sites, threatening our ground water. Please tell EPA that the example of West Virginia shows why tougher regulation is needed, that state regulation is NOT working, and the rule needs to be strengthened by closing the beneficial use loopholes. More information is in the Federal Register announcement available <http://www.epa.gov/osw/nonhaz/industrial/special/fossil/ccr-rule/ccr-rule-p…>here. SEVERAL WAYS TO COMMENT (by Nov. 19th): * Go to <http://www.regulations.gov>www.regulations.gov and follow the on-line instructions for submitting comments. * Email comments to <mailto:rcra-docket@epa.gov>rcra-docket(a)epa.gov Subject: Attention Docket ID No. EPA-HQ-RCRA-2009-0640. * Fax to 202-566-0272; Attention Docket ID No. EPA-HQRCRA-2009-0640. * Fill in the Earth Justice <https://secure.earthjustice.org/site/Advocacy?cmd=display&page=UserAction&i…>form letter with your contact information and submit it. * Mail your comments (time is running out!) to the Hazardous Waste Management System Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities Docket Attention: Docket ID No. EPA-HQ-RCRA-2009-0640 Environmental Protection Agency Mailcode 5305T 1200 Pennsylvania Ave NW Washington, DC 20460 Please include a total of two copies of your comments if sending them by mail. Thanks! paula

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