Pa. residents worried about fracking, poll shows
http://tribune-democrat.com/local/x1742862593/Pa-residents-worried-about-fracking-poll-shows
December 21, 2010
Pa. residents worried about fracking, poll shows
Drilling industry questions findings
Kathy Mellott kmellott@tribdem.com
JOHNSTOWN — A majority of the Pennsylvania residents surveyed in a recent poll are concerned about potential harm to drinking water as a result of the fracturing process used in drilling for Marcellus Shale natural gas.
Of the 403 adults surveyed in the late November poll by Infogroup/Opinion Research Corp., 81 percent said they are somewhat or very concerned about fracking’s potential to contaminate water.
Three of five state residents questioned in the poll are aware of the controversy over the gas-drilling technique.
The poll, conducted on behalf of the Civil Society Institute, showed that 62 percent of those concerned think state and federal agencies are not doing as much as they should to require proper disclosure of the chemicals used in the process.
The institute, based in Newton, Mass., describes itself as a nonprofit and nonpartisan think tank. Its goal is to serve as a catalyst for change by creating problem-solving interactions among people and between communities, government and businesses that can help to improve society.
The Marcellus Shale Coalition, an industry-based group supported by gas drillers and businesses that benefit from the industry, described the survey as a “push poll.” The term is used to describe a technique often used in political campaigns to influence or alter the view of respondents under the guise of conducting a poll.
Kathryn Klaber, coalition president, said the questions in the poll were overwhelmingly structured to generate predetermined outcomes.
“One thing is clear: Our industry must continue to educate communities about the steps we’re taking each day to protect and strengthen the environment while delivering clean-burning, job-creating energy to American consumers,” Klaber said in a statement.
Klaber said the institute purposely omitted critical facts about shale development, including information that fracturing is a 60-year-old technology used more than 1.1 million times.
Fracturing has never impacted ground water, something Klaber said can be confirmed by state and federal environmental agencies and the Groundwater Protection Council.
But Pam Solo, founder and president of the institute, said in a statement: “Clean energy production is strongly favored by Americans over energy sources that create a danger to human health and safe drinking water in particular.”
Fracking is a process that pumps large amounts of water along with sand and chemicals into the shale bed under high pressure to release the natural gas.
In addition to the polling in Pennsylvania, similar questions were asked of residents in New York and other areas of the United States, the Civil Society Institute said.
Harmful substance in Villanova’s water?
http://abclocal.go.com/wpvi/story?section=news/local&id=7854769
Monday, December 20, 2010
Harmful substance in Villanova’s water?
Walter Perez
News Team
VILLANOVA, Pa. – December 20, 2010 (WPVI) — A new report from a non-profit groups says people in the Villanova area should be worried about what’s in their tap water. However, the local water utility says there is nothing to be worried about.
The report says unacceptable amounts of a substance known as Chromium-6 is showing up in the town’s drinking water.
A water quality study performed by a non-profit organization called the Environmental Working Group revealed that varying amounts of Chromium-6 was found in the drinking water in 31 of 35 selected US cities.
That includes the area around Villanova.
Chromium-6 is widely believed to cause cancer. It was introduced to the broader public in the Julia Roberts blockbuster movie Erin Brockovich.
Despite the massive class action lawsuit, upon which the movie was based, the EPA has yet to set a legal limit for Chromium-6 in tap water. Officials from EWG say that poses a risk to the public.
EWG spokesperson, Rebecca Sutton, is quoted saying “Without mandatory tests and a safe legal limit that all utilities must meet, many of us will continue to swallow some quantity of this carcinogen every day.”
Aqua of Pennsylvania, the local water utility, says this is merely a ploy by EWG to scare the public into supporting its cause. Aqua officials say trace amounts of Chromium-6 in tap water is common.
They go on to say the amount found in the Villanova sample falls well within their safety guidelines.
“It’s interesting. Of the 31 samples where they found chromium 6, the results for Villanova were right in the middle of the pack,” said Preston Luitweiler of Aqua of Pa. “Our customers should not be concerned in Villanova or anywhere else in our distribution system.”
EWG has not said why it chose Villanova to be part of the study.
Hexavalent Chromium [chromium-6] Discovered in U.S. Tap Water
http://www.worldnewsinsight.com/hexavalent-chromium-chromium-6-discovered-in-u-s-tap-water/2174/
Tuesday, December 21, 2010
Hexavalent Chromium [chromium-6] Discovered in U.S. Tap Water
Chromium Chromium, the chemical that was first brought to light when the movie “Erin Brockovich” covered the issues of groundwater contamination in California, has now been discovered in U.S. tap water.
A survey just released, has discovered that hexavalent chromium is present in the tap water supply of 31 cities across the United States. There were a total of 35 cities taking part in the tests.
Hexavalent Chromium is widely believed to be a carcinogen, as a result of laboratory testing on animals.
Currently, there are no legal limits for the quantity of this particular kind of chromium permitted in tap water and there is no legal requirements for utilities to carry out any testing for it. However, there is a legal limit of 100 parts per billion for the total chromium permitted to be present in tap water.
The state of California has set proposed limits of around 0.06 parts per billion.
25 of the 39 cities tested have levels higher than the California proposed safe minimum level. Some of those cities are registering at hundreds of times higher than that limit, according to the survey.
Leann Brown, a spokesperson for the group who carried out the survey, Environmental Working Group, stated “Some types of chromium are necessary and helpful to the body. But chromium-6 is extraordinarily harmful.”
Penn State Extension offering natural gas taxation, finance workshops
http://live.psu.edu/story/50501#nw69
Friday, December 17, 201
Penn State Extension offering natural gas taxation, finance workshops
Marcellus shale natural-gas drilling rigs dot the northcentral part of the state.
University Park, Pa. — Penn State Cooperative Extension will be holding three Natural Gas Taxation and Finance Workshops across the state in January 2011.
The first will be Jan. 12, at the Westmoreland County Cooperative Extension office, 214 Donohue Road, Greensburg; the second will be Jan. 19 at the Genetti Hotel and Suites, 200 West 4th Street, Williamsport; and the third will be Jan. 26 at the Riverstone Inn on Route 6 in Towanda.
The programs will run from 8 a.m. to 5 p.m. and will be geared for financial advisers, such as attorneys, accountants, financial planners, tax preparers and small-business owners. Landowners also are welcome.
“Gas taxation is extremely complicated, and it’s important for landowners to get the best advice possible to save money and avoid unnecessary taxes,” said Michael Jacobson, Penn State associate professor of forest resources. “But these programs are for educational purposes only and are not intended to be legal advice — if you need that, consult a tax professional or an attorney.”
Besides Jacobson, instructors will include Tim Gooch with the Pennsylvania Institute of Certified Public Accountants and ParenteBeard LLC; Dale Tice, attorney with Marshall, Parker and Associates; Jeffrey Kern, president of Resource Technologies Corporation; and Ross Pifer, director of the Agricultural Law Resource and Reference Center at Penn State’s Dickinson School of Law.
The registration fee is $120 if paid a week or more prior to the programs; registration will cost $150 after that. The fee will cover breaks, lunch and all course materials. The workshop will provide eight hours of continuing-education credits for attorneys, accountants and professional foresters.
Additional information and registration may be found online at http://guest.cvent.com/d/wdqt61. Questions related to course content may be directed to Mike Jacobson at 814-865-3994 or mgj2@psu.edu.
Penn State encourages persons with disabilities to participate in its programs and activities. Those who anticipate needing special accommodations or have questions about the physical access provided should contact Jacobson in advance of their participation or visit.
Napoli Bern Ripka & Associates, LLP Views Cabot Oil’s Use of DEP Consent Order as Improper
http://www.prnewswire.com/news-releases/napoli-bern-ripka–associates-llp-views-cabot-oils-use-of-dep-consent-order-as-improper-112236604.html
Napoli Bern Ripka & Associates, LLP Views Cabot Oil’s Use of DEP Consent Order as Improper
NEW YORK, Dec. 21, 2010 /PRNewswire/ — Attorneys of Napoli Bern Ripka & Associates, LLP, representing plaintiffs in Dimock, Pennsylvania who have sued Cabot Oil & Gas Corporation (Fiorentino v. Cabot Oil & Gas Corp., USDC-Middle District of PA., Docket No.: 3:09-CV-02284) for contamination of their drinking water announced today that Cabot and its attorneys have attempted to use a consent order entered with the Pennsylvania Department of Environmental Protection (DEP) to allegedly mislead their clients into waiving their rights to continue the litigation.
The Dimock plaintiffs have sued Cabot Oil over its use of hydraulic fracturing known as “fracking.” Natural gas drillers use fracking to get gas that is trapped in pores and fissures in the sub-surface rock. The method involves pumping a toxic stew of chemicals and water at very high pressures into the rock to “fracture” it thus allowing the gas to escape up into the well. Fracking causes groundwater contamination from surface releases, leaking well casings and the chemicals working their way up to potable water supplies.
The DEP determined that Cabot had failed to complete its obligations under an earlier consent order by failing, among other things, to “permanently restore and replace water supplies” and also failing to “completely eliminate the unpermitted discharge of natural gas into the waters of the Commonwealth” from its gas wells in the Dimock/Carter Road areas. As a result, the DEP entered a consent order with Cabot on December 15, 2010. The Order requires Cabot to do a number of things, including paying the greater of $50,000 or two times the assessed value of the [affected] property into nineteen escrow funds to “pay for or restore and/or replace the water supplies or to provide for ongoing operating or maintenance expense.” This money was to be paid without any obligation on the part of the property owner, a number of whom have been involved in civil litigation against Cabot in the United States District Court for the Middle District of Pennsylvania (December 15, 2010 Consent Order and Settlement Agreement).
Instead of simply notifying the attorneys for these plaintiffs, Cabot’s agent reportedly telephoned a number of the plaintiffs directly on December 17, 2010. Cabot’s attorneys opined in a December 20, 2010 letter to the Napoli office that the agent’s calls were not a violation of Rule 4.2 of the Pennsylvania Disciplinary Code for Attorneys, which precludes directly contacting an adversary, known to be represented by counsel, because the agent is not himself an attorney.
In addition to advising plaintiffs, all of whom are represented by legal counsel, that Cabot was required to test their water supply under the Consent Order, Cabot also reportedly told those plaintiffs that they would be required to sign releases of all of their claims against Cabot in the litigation to obtain the payment already due them under the Consent Order. Nothing in the Consent Order with DEP requires the plaintiffs to sign such releases and signing the release would have foreclosed the plaintiffs’ ability to continue to seek damages in their civil suit. The damages claimed against Cabot are far higher than the amounts Cabot is required to pay by the DEP consent order.
Said plaintiffs’ attorney Marc Jay Bern states, “Cabot’s attorneys claim they are not responsible for their client’s unethical and dishonest conduct in calling my clients and misleading them about the need to sign releases to obtain the money due them under the Consent Order. They knew Cabot (their client) was making these calls and they are just as responsible as Cabot and its General Counsel, himself an attorney who is bound by the Disciplinary Code to avoid contact with litigation adversaries who are represented by counsel.” Bern continued, “Cabot’s conduct violates every precept of fairness and honesty toward these people who neither signed on to the Consent Order nor were involved in negotiating its terms.”
Press Release Contact Information:
Marc Jay Bern
Senior Partner
Napoli Bern Ripka & Associates, LLP
(212) 267-3700
mjbern@napolibern.com
DEP-Cabot settlement gets Rendell’s approval
http://citizensvoice.com/news/drilling/dep-cabot-settlement-gets-rendell-s-approval-1.1078462
DEP-Cabot settlement gets Rendell’s approval
By Robert Swift (Harrisburg Bureau Chief)
Published: December 17, 2010
HARRISBURG – Gov. Ed Rendell gave his personal stamp of approval today to the settlement between the Department of Environmental Protection and Cabot Oil and Gas Corp. to address water contamination problems in Dimock Township.
“It’s a good settlement because they (Cabot) share the fiscal responsibility of making this right,” Rendell said.
Under the settlement, Cabot agrees to pay $4.1 million to residents affected by methane contamination attributed to faulty Cabot natural gas wells. In exchange, DEP has dropped its plan to build a 12.5-mile waterline from Montrose to Dimock Township to restore water supplies to 19 families affected by methane contamination in their water supplies.
Rendell said the settlement is due to the determination of DEP Secretary John Hanger to reach a solution to the township’s water woes.
State regulators will watch Cabot very carefully as the company resumes hydrofracking operations and drilling for natural gas pockets in the area next year as provided under the settlement, Rendell said.
rswift@timesshamrock.com
Dimock residents see “dirty tricks” in Cabot document
http://citizensvoice.com/news/dimock-residents-see-dirty-tricks-in-cabot-document-1.1079002
Dimock residents see “dirty tricks” in Cabot document
By Laura Legere (Staff Writer)
Published: December 18, 2010
Legal releases delivered Thursday by the gas company deemed responsible for methane contamination in Dimock Twp. water wells have some township residents accusing the driller of using “dirty, dirty tricks” to try to free itself of a lawsuit pending in federal court.
Early on Thursday morning, attorneys for Cabot Oil and Gas Corp. delivered documents to 19 Dimock families who will split $4.1 million as part of a settlement announced 14 hours earlier between the Texas-based driller and the state Department of Environmental Protection.
Each family is entitled to a payment worth twice the value of its home as a remedy for methane in the drinking water that DEP linked to faulty Cabot gas wells. Under the agreement worked out between the company and the state, Cabot must put each family’s share of the money in escrow accounts that the residents can access after 30 days at the earliest.
DEP Secretary John Hanger emphasized when announcing the settlement that it carried “no requirement” for the families to drop the federal lawsuit that 11 of them have filed against Cabot alleging broader harm and damages to their health and property.
But the letter Cabot delivered Thursday offered a different deal: the families were asked to release the company from all legal claims against it in exchange for receiving the money.
Cabot spokesman George Stark said the offer was intended only as a way to speed up the payments.
“It is a way in which they can get their payment now, immediately, and we’ve heard from some that they’d like that to be an option,” he said. “The other option is to wait for the escrows to be fully funded, which would be about 30 days, and then they can draw their dollars down from there.”
“They are under no obligation one way or another to sign or not to sign,” he added.
The families’ attorney, Leslie Lewis, said the Cabot document contained no information that identified it as an optional offer to speed up the payments.
“It really doesn’t say that,” she said.
“It was an effort to acquire a waiver for all present and future claims in exchange for this money. They tried to slip something by.”
The families called the letter from Cabot a ploy meant to appeal to the poorest and most vulnerable among them.
“They’re sneaky,” resident Julie Sautner said.
“There may be people that are desperate but nobody is that desperate. We’re going to wait.”
llegere@timesshamrock.com
Congress moves to reduce lead in drinking water
http://www.washingtonpost.com/wp-dyn/content/article/2010/12/17/AR2010121705270.html
Congress moves to reduce lead in drinking water
By JIM ABRAMS
The Associated Press
Friday, December 17, 2010
WASHINGTON — Congress on Friday sent President Barack Obama a bill that would significantly reduce exposures to lead in drinking water.
Lead contamination can pose serious health risks, particularly to pregnant women and children. It has been linked to health problems such as kidney disease, hypertension, reduced IQs in children, and brain damage.
The House approved the bill on a 226-109 vote. The Senate approved it earlier on a voice vote.
The bill would set federal standards for levels of permissible lead in plumbing fixtures that carry drinking water, with allowable lead content going from the current federal level of as much as 8 percent to 0.25 percent. It limits the amount of lead that can leach from plumbing into drinking water.
Rep. Mike Doyle, D-Pa., said the new standards would nearly eradicate lead in facets and fixtures. He cited Environmental Protection Agency estimates that lead from these sources contribute to up to 20 percent of human exposure.
The bill becomes effective 36 months after it is signed into law. It would then prohibit manufacturers and importers from selling plumbing fixtures that don’t meet the new standards.
“In 21st century America, we have a responsibility to do more to protect our children and families against lead exposure acquired through plumbing systems,” said Rep. Anna Eshoo, D-Calif., who authored the bill in the House. “Lead-free plumbing is an existing alternative, it’s affordable and it’s time we adopt it across the nation.” Health studies, she said, have estimated that lead exposure costs the nation $43 billion in lost time and health costs.
“Lead, a toxic heavy metal, does not belong in our drinking water,” Senate sponsor Sen. Barbara Boxer, D-Calif., said Thursday night after the Senate passed the bill on a voice vote. “This is a major step forward in the effort to eliminate lead in our drinking water.”
Almost all the opposition came from Republicans. Rep. Cliff Stearns, R-Fla., questioned the necessity of passing a federal law when major producers of faucets are already making safer equipment and some states are imposing their own tough standards.
He added that “people should not mistake this bill as a panacea when studies have shown that lead service lines are the biggest culprits of leaked lead.”
An Associated Press investigation last year found that contaminants have surfaced at public and private schools in all 50 states, with lead among the most frequent causes of unsafe water.
Last month residents in New York City were told to run their taps for 30 seconds before drinking water after tests showed elevated lead levels in some older buildings.
“Lead in drinking water poses a dangerous health risk, particularly to pregnant women, infants and children, and it is refreshing to see that members of both parties in the Senate and House can agree on making the water we drink every day safer,” said Mae Wu, an attorney at the Natural Resources Defense Council.
Expert: Gas drilling about risks vs. rewards
http://citizensvoice.com/news/expert-gas-drilling-about-risks-vs-rewards-1.1078631
Expert: Gas drilling about risks vs. rewards
By Elizabeth Skrapits (Staff Writer)
Published: December 17, 2010
NANTICOKE – Natural gas drilling comes with risks to the environment and human health, and the issue is to determine whether those risks are worth the potential rewards.
Dr. Anthony Ingraffea, a professor at Cornell University’s School of Civil and Environmental Engineering, talked about what can go wrong with natural gas drilling and dispelled some myths about the process during a lecture Thursday at Luzerne County Community College.
“No industrial activity, even building a toaster, is risk-free,” he said.
Ingraffea stressed the importance of calculating the level of risk: taking the probability of things going wrong and weighing them against the expenses, costs and benefits.
The Marcellus Shale, which lies beneath much of New York and Pennsylvania, is rich in natural gas. However, it was not considered economically viable until four new technologies were developed, Ingraffea said.
These are directional drilling – going horizontal to access the thin layer of shale – high volumes of hydraulic fracturing fluid, using slick water to control the amount of power needed to pump large volumes of the fluid at high pressure quickly over long distances, and drilling multiple-wells on a single pad to access as much of the gas as possible in a particular area so as to require a minimum of leasing and capital expenditures.
Hydraulic fracturing or “fracking” involves blasting thousands to millions of gallons of water containing chemicals and sand thousands of feet underground. This re-opens fractures in the shale, where the natural gas collects. Ingraffea pointed out that the gas is not in the rock itself, but in its natural fractures or joints.
Part of the water used in fracking comes back laden with chemicals, naturally occurring radioactive material, heavy metals and salt. This flowback water has to be disposed of, he said.
Although hydraulic fracturing was around since 1947, the four technologies are relatively recent, Ingraffea said. The first hydraulically fractured well in the Marcellus Shale was drilled in Washington County in 2003, he said.
Slick-water, high-volume fracking has a higher risk to the environment and human health for reasons including that it requires much more industrial development over large areas with heavy equipment operating constantly, and it produces much higher volumes of wastewater.
As the number of wells and the volume of wastewater increases, “odds go up that bad things will happen,” Ingraffea said. These range from blowouts to leaking wastewater trucks.
Research hasn’t been done on the cumulative effects of natural gas drilling, he said. In Pennsylvania – New York has a moratorium on drilling – gas companies are only a few years into what could be a 30- or 40-year development.
And the problems with natural gas drilling, such as methane migration and frack fluid migration, are not new: the industry has known about them for 25 years, Ingraffea said. They are being solved – but they’re not solved yet, he said.
There is no way to guarantee the cement casing, which is poured around metal pipes in the well as a layer of protection, will be perfect, Ingraffea said. The casing can corrode or burst, for example.
The natural gas industry does not have complete control over the wells: they are working thousands of feet underground, where they can’t hear or see, and they rely on imperfect computer models, he said.
Ingraffea said he thought the current rate of natural gas well accidents is too large. If, as predicted, there will be 400,000 Marcellus Shale wells drilled over a 50-year period, how many major failures are acceptable? he asked.
“We’re already at one for every 150 wells. That’s 98.5 percent reliability,” Ingraffea said.
“You’ve got to make the call. What’s an acceptable level of risk?” he continued. To do that, you’ve got to see the quantification of the things that can go wrong. We’re just now beginning in Pennsylvania to be able to quantify the number of accidents per well, or the number of accidents per truck trip, or the number of accidents per million gallons of frack fluid. That stuff could have been modeled. You don’t have to wait for your experience to learn these things. They could be predicted.”
Basin commission issues watershed drilling rules while N.Y. officials call for delay
http://www.strausnews.com/articles/2010/12/17/pike_county_courier/news/2.txt
December 16, 2010
Turbulent week in natural gas drilling issue
Basin commission issues watershed drilling rules while N.Y. officials call for delay
West Trenton, N.J. For better or worse, rhetoric turned to action this past week as the Delaware River Basin Commision (DRBC) issued rules for the controversial horizontal drilling process for natural gas.
According to DRBC, the ruling “applies to all natural gas development projects involving siting, construction, or use of production, exploratory, or other wells in the basin regardless of the target geologic formation, and to water withdrawals, well pad and related activities, and wastewater disposal activities comprising part of, associated with, or serving such projects.”
Early responses were predictably mixed as proponents in New York and Pennsylvania saw the rules as a break in a logjam that would allow development of leases and new economic activity.
Opponents point to widespread instances of ground water pollution from chemicals pumped into drilling holes to “frack” or break up and separate gas in the Marcellus shale formation. They noted that the rules will allow companies with large areas of contiguous leased properties to drill throughout their holdings with a single permit.
Reviewers continue to evaluating the new rules but N.Y. opponents say despite their content, they should not have been issued prior to the completion of environmental studies.
The DRBC rules were issued Dec. 9, days after passage of a three-month moratorium on all gas drilling by N.Y. State Legislature and a letter to the commission from N.Y. Governor David Paterson asking for a delay in the rulemaking until state and city studies were completed.
In asking for delay and consultation, Paterson wrote on Dec. 6 that, “DRBC appears intent on going forward with a regulatory program that would not have the advantage of the full investigations and public deliberations taking place in New York.”
New York State earlier decided that separate environmental reviews would be necessary for any natural gas projects that might be proposed within the unfiltered New York City drinking water watershed surrounding its upstate reservoirs and the DRBC rules have ceded lead decision making to the various state governments.
Still, N.Y. City Mayor Michael Bloomberg wrote on Nov. 17, also asking for delay during ongoing studies, “Because full-scale development of natural gas exploitation in the watershed could degrade water quality, a rush to regulate and drill risks the long-term viability of one of the most important drinking water sources in the United States”.
The mayor said the “stakes are high” and that billions have been invested in clean water in the Delaware River watershed, which provides drinking water for some 15 million people.
Paterson on Dec. 11 vetoed the state moratorium bill and issued an executive order which would prohibit horizontal fracking gas exploration until July 1, while allowing continuing operation of conventional vertical gas drilling.
The full text of the 83-page document is online at http://www.state.nj.us/drbc/notice_naturalgas-draftregs.htm .
There will be a 90-day comment period, with written comments, via surface mail and e-mail through the DRBC Web site, accepted through the close of business (5 p.m.) March 16. Other forms of comment will not be accepted.