Pennsylvania May Use Coal Mine Water for Hydraulic Fracturing Senate Bill 411
INTRODUCED BY KASUNIC, YUDICHAK, SOLOBAY, WOZNIAK, BREWSTER, ARGALL, WHITE, BAKER, HUTCHINSON, ERICKSON, VULAKOVICH, VOGEL, FERLO, BOSCOLA, ALLOWAY AND DINNIMAN, FEBRUARY 4, 2013
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED, FEBRUARY 12, 2013
Mine water for beneficial uses.–Notwithstanding any other provision of this chapter, landowners, mine operators and water pollution abatement project operators that are involved in treating mine drainage or mine pool water from a permitted mining activity site or water pollution abatement project shall not be deemed to assume legal responsibility for or to incur liability with respect to a cost, injury or damage that arises out of or occurs in connection with the use of mine drainage, mine pool water or treated mine water in connection with the hydraulic fracturing process or other development of a gas well, industrial or other water supply or other beneficial use of the water
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Comments by Brian Oram
1. This may have some conflicting language when compared to the Oil and Gas Law and the assume liability that is associated with natural gas development. I may have missed this section, but it would be nice if the law clearly stated this did not resend current provisions and assumed liability related to exiting Oil and Gas Law.
It does appears the assumed liability provision is limited to only the “Project Operators”- so that once the mine water leaves the site (i.e., the site where the mine water is collected or initially treated) – they, the Project Operators are no longer assumed liable for other uses beyond their control, i.e., liable for the use of the water by the Gas Company for Hydrofracturing. (Clarification is needed)
Therefore
A. Land-owner has mine drainage on the property- they or a third party – treat the mine water and then sell or give away to a water company.
B. The water is transported to a site.
C. Industry uses the water for hydraulic fracturing.
Think the the limit of liability is intended to only extend to A related to conyence by B and the use by C This type of liability provision is needed because many of the parties that fit the role of A are either 501 c3, watershed groups or public private partnerships that have nothing to do with the gas company.
2. This may require baseline testing be done in these regions to include additional parameters specific to the source and around treatment project sites.
3. It is possible this may result in decreased streamflows downgradient of withdrawal points – I am not sure how the river basin commissions will evaluate and if they may consider the need for a water withdrawal permit and consumption use fees, but I would assume a consumptive water use docket with provisions for treatment and by-pass flow maybe needed.
4. I like the provisions and hopefully this will more forward the use of degraded waters for hydraulic fracturing and help clean up impacted waterways in PA.
5. I do like the provisions, but for some streams baseflow associated with mine drainage may be a significant portion of the flow and it maybe necessary to maintain some by-pass flow with treatment.
6. Hope this encourages public private partnerships to address Acid mine drainage and mine drainage.
7. Would be nice if this program could be applied indirectly to the Northern Fields –No Gas Development, but it would be great to treat and clean the mine drainage and then issue some type of credit.
8. The law looks like it could be applied to discharges and releases of brine water associated with historic oil and gas development and not just mine drainage? (Clarification is needed)
9. I am not sure of the eligible land provision? Unless this relates to building some type of treatment structure, etc (Water pollution abatement project operator). (Clarification is needed)
10. The exemptions near the end of the document seem reasonable – I would assume this came from Senator Yaw – Very Nice.
11. I would recommend the Senators that support this document make the necessary clarifications of the intent, but this is something that is needed. I think this would have been a better approach then all the press releases on the topic. The goal should be to fix issues and get them resolved.
Additional Comments
Mine Drainage and/ or Acid Mine Drainage is the result of natural discharges and legacy issues related to the mining of the anthracite and bituminous fields in Pennsylvania.
Over 4,000 miles of streams in Pennsylvania are adversely impacted by mine and/or acid mine drainage. The most cost effective treatment approaches of these problems tend to be a mixture of land-reclamation and passive treatment systems. Many watershed groups and other organizations in Pennsylvania have been active in attempting to minimize the adverse impacts of mine drainage. One main limitation to the effective management and control of these discharges is the significant capital investment to implement the reclamation process and install the passive or semi-passive remediation system, but the largest hurdle is typically the long-term cost of maintaining these systems and liability that is associated with the operations and maintenance of these systems. The Senate Bill creates an opportunity for public and private partnerships to cover the initial cost for the installation of a more rapid and active treatment system and there is then the opportunity to put in place long-term funding for a passive treatment approach.
The Senate Bill has some key liability provisions. These provisions appear to be:
1. Provisions granted to the landowners and operators of the treatment system so they are no liable for the conveyance and ultimate use of the water. This is critical, because a watershed group or small business that is treating the water only and not hauling should not be liable for the conveyance and final use. This liability should rest with the individuals and companies that are transporting and using this water.
2. The proposed bill provides limits of liability associated with downgradient stream conditions. This provision is needed because it is possible that augmenting the flow of the stream by removing mine drainage will likely decrease water levels and flow volumes, but should eliminate the long-term pollution source. Even though it is not stated in this Senate Bill, it is likely that the river basin commission would play a significant role in reviewing consumptive use permits and may require a baseflow of treated water to maintain stream temperature and flow.
Some missing parts
The bill does require more context and specific language; because it appears the bill will extend to historic oil and natural gas development areas. Therefore, it is possible that some of the sites are releasing water that contains a mixture of brine, heavy oil residues, and other fugitive emission.
The bill may not address the status of the “sludge” generated by the remediation efforts. Does this sludge have a beneficial use or is it classified as a solid waste?
The bill does not address the issue of the need for a water withdrawal permit if the water is used for a consumptive water use
There needs to be a balance on the amount of withdrawal because in special cases excess water withdrawal may induce significant surface and subsurface impacts, such as subsidence and mine fire propagation.
This activity should not be conducted in combination with efforts to produce coal-bed methane gas.
Missing provisions for bonding.
http://www.bfenvironmental.com
http://www.water-research.net/Watershed/
Support Groundwater Education in Pennsylvania and Consider Scheduling an Education Workshop for Your Community – just email bfenviro@ptd.net
Carbon County Groundwater Guardians is a 501(c)(3) IRS approved nonprofit, volunteer organization and your donation is tax deductible to the extent allowed by law.
Using Nitrogen and other Gases to Hydraulicly Fracture Black Shale Fields
“Typically, nitrogen is delivered to the well site as a refrigerated liquid that is gasified prior to injection and then is injected into the well to enhance recovery. As the primary component of the air we breathe, the benefits of nitrogen include it being inert, environmentally friendly, non-flammable, and when gasified, exhibiting very low densities with large expansion factors. These properties make nitrogen the perfect choice for safely and efficiently tackling the toughest well needs.”
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Interesting Links
Ferus Website on Nitrogen
Superior Well Services- B.F. Environmental (Nitrogen Gas Frac Library)
Gas Frac B.F. Environmental (Nitrogen Gas Frac Library)
EPA Report on Types of Hydraulic Fracturing Fluids
Information on FracWater Chemistry and Flowback Water
Website Provided for Educational Purpose.
Carbon County Groundwater Guardians is a 501(c)(3) IRS approved nonprofit, volunteer organization and your donation is tax deductible to the extent allowed by law.
Marcellus Seminar for Teachers & Educational Professionals at Mansfield University
The Marcellus Seminar will be offered this Summer as a professional development opportunity for middle and high school educators and guidance counselors to explore impacts and issues of Marcellus Shale natural gas extraction. Educators will participate in learning sessions and field trips that will address drilling techniques, air and water quality issues associated with the development of shale gas, and prevention measures that are taken to limit or negate environmental impacts. Each participant will leave with a tool-kit of educational materials that can be used in their classroom or school when discussing the natural gas industry.
The seminar is being held at Mansfield University and has been developed by Dr. Jennifer Demchak.
It will run from July 15-17, 2013 for a cost of $130, which includes all learning sessions, supplies, field trips and meals.
Overnight accommodations for two evenings are available in Mansfield University’s suite-style Hickory Manor for an additional $70/person.
Advance registration with a $75.00 deposit is required.
Please visit the Marcellus Institute website at http://mansfield.edu/
For a pdf
Dr. Jennifer Demchak
Dr. Jennifer Demchak leads the Watershed Management program in the Geography and Geology Department. She teaches courses such as Introduction to Watershed Management, Introduction to Soils, and Hydrogeology. Her main professional interests are acid mine drainage remediation.
She is a graduate of the University of Pittsburgh at Johnstown (B.S. Biology, 1996), Clarion University ( M.S. Biology, 1998) and West Virginia University (Ph.D. Plant and Soil Science, 2005). From 2002 to the present she has been president of an environmental consulting company which focusses on watershed management and mine drainage treatment. She is the advisor of the Watershed club and has instilled a passion for watershed restoration in many students in the department.To contact Dr. Demchak call (570) 662-4613 or email to jdemchak@mansfield.edu
Website Provided for Educational Purpose.
Carbon County Groundwater Guardians is a 501(c)(3) IRS approved nonprofit, volunteer organization and your donation is tax deductible to the extent allowed by law.
Save the Date – April 15th – Sewage Facilities Planning Module Webinar
DEP invites you to participate in an important upcoming webinar about Draft Technical Guidance for DEP’s review of Sewage Facilities Planning Modules for onlot sewage systems proposed in Pennsylvania’s High Quality and Exceptional Value Watersheds.
The proper location and management of community and individual onlot septic systems is key to safeguarding public health and Pennsylvania’s water quality resources. The new draft technical guidance will ensure cost-effective and reasonable best management practices (BMPs) for nonpoint source control are achieved to maintain and protect water quality when reviewing sewage facilities planning modules for proposed individual or community onlot sewage systems in high quality and exceptional value watersheds.
During the one-hour webinar, DEP staff will describe BMPs for individual and community onlot sewage systems that can achieve nonpoint source control in High Quality and Exceptional Value waters, and review the process for selecting appropriate BMPs to achieve such control.
The webinar will be held from 2-3 p.m., Monday April 15. The webinar is free but registration is required. To register, visit https://copa.webex.com/copa/onstage/g.php?t=a&d=645447507
The Draft Technical Guidance can be found here: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-93420/385-2208-001.pdf Public comments regarding the Draft Technical Guidance are due to DEP May 1.
Water Cycle, Wellowner, Groundwater, and Pollution Prevention Workshops Available
The Carbon County Groundwater Guardians is partnering with the Pocono Northeast RC&D Council to make available a number of informational and education workshops in Pennsylvania. The topics that are currently available include:
Groundwater and Surfacewater Interconnection and the Water Cycle
The Care and Mainteance of Your Well
Water Quality and the Need for Water Treatment
Baseline Testing as it Relates to Marcellus Shale, Shale Gas Development, or Development in Your Community
Citizen Science and the Groundwater Surfacewater Database
Taking the First Step and Getting Back to Zero with Stormwater (Rain Barrel Workshop and Water Conservation)
How to Test, Screen, and Track Well Water Quality – Interpreting Water Quality Data.
To request a workshop in your community, please email bfenviro@ptd.net and put CCGG in the subject. Please tell us your location and the type of assistance you need.
New Booklet on Drinking Water Quality in PA – sales of booklets support groundwater education in Pennsylvania.
Marcellus Shale Coalition Guiding Principles Document
Pittsburgh, PA – The Marcellus Shale Coalition (MSC) published Recommended Practices (RP) for Water Pipelines, the sixth in a series of guidance documents aimed at further enhancing the safe development of natural gas across the Appalachian basin. This RP for constructing water pipelines is in line with the MSC’s Guiding Principles to “implement state-of-the-art environmental protection across our operations” and supports ongoing industry efforts to reduce its operational overall footprint.
“By continually implementing cutting-edge recycling technologies, water pipelines and other innovative water management practices, our industry is able to further reduce the volume of truck traffic and capitalize on environmental benefits inherent to safe development and use of natural gas,” said MSC chief executive officer Kathryn Klaber. “As Marcellus Shale development advances, and more operators build water pipeline networks to support their well operations, this guidance document will aid in the siting and construction process. Additionally, this RP builds upon a series of content-rich, member-driven guidance documents designed to raise the bar and advance our industry’s commitment to operational excellence and compliance.”
This Recommended Practice for Water Pipelines was drafted by industry professionals and provides guidance to the industry in the following areas:
Optimal Route Selection: Identify sensitive resources and minimize environmental impact.
Pipe Materials: Determine correct materials and utilize proper resources to construct pipelines.
Valves: Install appropriate valves to isolate segments of the line; allow for maintenance; and permit drainage.
Pipeline Restraints: Use restraints to prevent unwanted line movement.
Operational Considerations: Test pipelines to avoid leaks, consider any environmental consequences, monitor all lines and air venting during operations, and consider using locks, handles, protective covering, or drainage when necessary.
Deactivation: Upon completion the pipeline should be deactivated or removed in its entirety after all remaining water is removed.
Continued Klaber, “With water and water management serving a critical role in the well completion process, ensuring that water pipelines, both temporary and permanent, are constructed to the highest degree of integrity is critical for the development process, the environment and public safety.”
To view other Recommended Practices click HERE
MSC Guidance on Stray Gas
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The above is not my work – but provided as a link to information.
More on
Well Water Quality In Pennsylvania
Barium, Arsenic, Lithium, Methane
Common Well Water Problems – Helpguide
Case Studies
New Educational Tool on Drinking Water Quality
Website Provided for Educational Purpose.
Carbon County Groundwater Guardians is a 501(c)(3) IRS approved nonprofit, volunteer organization and your donation is tax deductible to the extent allowed by law.
Fact Sheet: Methane Gas Migration and Mitigation
Methane gas has been a “hidden” problem in Northeastern Pennsylvania. The gas is typically associated with wetlands, bogs, landfills, coal-producing formations, natural saline seeps, some glacial deposits, and gas storage areas. Because of the development of the Marcellus Shale, the presence of methane gas and the potential for methane gas migration is a growing concern. Methane is a colorless, odorless gas that is lighter than air. Natural gas is mostly methane (70 – 90 % CH4), carbon dioxide (0 to 8 % CO2), plus other gases. The other gases may include ethane (C2H6), propane (C3H8), butane (C4H10), and hydrogen sulfide (H2S) as well as small amounts of helium.
Methane gas is highly flammable between a lower explosion limit (LEL) of 5.53 percent by volume in air and an upper explosion limit (UEL) of 15 percent. These percentages are equivalent to a methane concentration of 50,000 and 150,000 parts per million (ppm) in air. The minimum concentration level at which the gas has the potential to explode is called the lower explosive limit (LEL); below the LEL level there is not enough gas to cause an explosion. Above the UEL, there is inadequate oxygen to fuel combustion, but if the space is vented and the gas concentration drops below the UEL, the gas can become diluted enough to explode (it would require an ignition source). Methane is not considered toxic, but it is an asphyxiant at a concentration of over 50 percent in air (it displaces oxygen). Therefore, the primary risks for methane would be asphyxiation in a confined or poorly vented area or a potential explosion hazard. As a safety measure, the natural gas industry adds mercaptans to the produced methane gas that enters the pipeline and your home. The mercaptans produce a very pungent odor so that gas leaks will be noticed, but unprocessed methane gas tends to have NO ODOR. It is critical to note that some unprocessed methane gas may contain long chain hydrocarbon molecules that can create an odor.
From the available data in the Citizen Groundwater/Surfacewater Database, it would appear that the natural background level of methane in private wells in Northeastern Pennsylvania ranges from not detectable or trace levels to over 28 mg/L. You may suspect the presence of methane gas in your water if you hear a “gurgling noise”, sputtering at the tap, the water has a lot of gas bubbles, is effervescent or fizzy.
Note: If the pumping level of water in your well starts to fall below your pump intake, ordinary air may mix with the water and produce similar symptoms. When in doubt, contact a professional to determine the nature of the observed gas.
For more on this topic – Methane Gas Migration
Citizen Groundwater and Surfacewater Database
The Baseline Water Testing Process It is NOT Just About Getting a Sample
The Baseline Water Testing Process It is NOT Just About Getting a Sample
By Brian Oram, Professional Geologist
Carbon County Groundwater Guardians
Published in March ONG Marketplace
We have had the opportunity to witness a wide range of practices that have been called baseline testing. We have seen a team of 4 professionals working for the EPA in Dimock, Pennsylvania, take 4 to 5 hours to collect one water sample and we’ve seen a single sampler with virtually no training take 15 minutes to purge and sample a private well with no field measurements or even gloves. The potentially negative impacts of this wide variation in sampling techniques and experience is compounded by the lack of field documentation and a quest for that “single” list of parameters. This approach will make for great future lawsuits and media stories, but does little to generate the reliable data required by professionals, scientists, regulatory agencies, and the public.
The key elements to effective baseline testing should include:
a. A selection of parameters and indicators that meets the regional environmental conditions and addresses the historic and proposed activities and practices in the region and not just a simple list provided or recommended by a regulatory agency;
b. chain-of-custody practices with internal and external quality control (QC) and quality assurance (QA) that start and end with the certified laboratory working with a trained third-party professional;
c. field documentation, including notes, field measurements, and photos, that includes a summary of the existing condition of the private water distribution system;
d. field sampling done by third-party samplers that are either licensed professionals or specifically trained in the standard operating procedures of the certified testing laboratory, plus these individuals must have a working understanding of common water treatment systems; and
e. prior to releasing the data, the certified laboratory must validate and review the data, plus work with the third-party professional to confirm or check the reliability and validity of the results.
As part of our outreach efforts, we have been able to review baseline testing conducted by multiple entities. Here is just one example for your consideration.
The sample was collected by a non-professional, third party sampler, tested by a certified testing laboratory, and then given by a natural gas company to a private well owner. The sample was collected only a few weeks before drilling started. The well owner was given a report with the raw data, spike and recovery analysis, surrogate testing results, field data sheet, and a full listing of the methods and the laboratory certifications. When the homeowner, a royalty owner, asked if there was any problems, we provided them a list.
1. The field conductivity was reported at 250 uS/cm, but the certified laboratory data had reported a total dissolved solids of 1500 mg/L;
2. The cation and anion mass balance was out of balance by over 25 %;
3. Total metal values less than dissolved metal values; and
4. The well had arsenic at over 10 times the primary drinking water standard, but this was never flagged as a problem for the private well owner.
This data is not scientifically valid and does not make sense. It may be certified, but it is wrong and there is no time to collect another pre-drill sample.
As professionals, we have the obligation to attempt to get it right and to properly inform citizens when a problem is identified. It is critical that we implement a process to screen the water quality data before it is distributed to the community. To build trust, the data must be provided to the private well owner in a format they can understand.
Baseline testing can be a valuable tool for the environmental professional, gas drilling industry, and community. With proper planning, baseline testing can used to determine where additional documentation or monitoring is needed and to determine the location of systems or wells vulnerable to influence.
In our opinion, baseline testing is not just part of an environmental audit, but in many ways, it is an opportunity for the company and consultant to build trust in the community. At the same time, the company is attempting to mitigate risk by documenting pre-existing conditions, the data collected during this baseline assessment should be used to make critical decisions related to the use of best management practices and build trust in the community through education and outreach.
Baseline testing is a community issue. We ALL live downstream and we need to solve problems as a community. This is a great opportunity to make a positive difference in your host community. Options for informational well water testing.
Support Groundwater Education in Pennsylvania and Consider Scheduling an Education Workshop for Your Community – just email bfenviro@ptd.net
Carbon County Groundwater Guardians is a 501(c)(3) IRS approved nonprofit, volunteer organization and your donation is tax deductible to the extent allowed by law.
Hospitals to study drilling and health
Geisinger is part of first large-scale study of Marcellus Shale’s medical impact.DANVILLE – Geisinger Health System will team with two other regional health systems to study the health impacts of Marcellus Shale gas drilling in what’s said to be the first large-scale, “scientifically rigorous assessment” of the health effects of natural-gas production.
Geisinger announced Monday it received a $1 million grant from the Degenstein Foundation to help underwrite data-gathering and develop studies of the data.
Geisinger will partner with Guthrie Health of Sayre, a health-care system serving northern Pennsylvania and southern New York, and Susquehanna Health of Williamsport, for the study.
“The Degenstein Foundation’s support of this research project comes at a critical time for the residents of Pennsylvania who live in the Marcellus Shale region,” said Dr. Glenn D. Steele Jr., M.D., Ph.D., president and chief executive officer at Geisinger Health System.
“The establishment of reliable and valid data regarding the potential health impacts of Marcellus Shale gas drilling is essential for informed policy decisions.”
Surveillance network
The study will include the development of a health surveillance network to assess patient-level data secured via electronic health record and make data available for research purposes.
Geisinger said some of the health effects that will be investigated first may include asthma, cardiovascular disease and cancer.
Preliminary results of data analysis may be released within the next year, while other aspects of the research will unfold over five, 10 or 15 years.
Michael Apfelbaum, co-trustee of the Degenstein Foundation, said, “Geisinger’s research into the health impacts of natural-gas drilling fits perfectly with our mission, and we are proud to support this important initiative.”
In August 2012, Geisinger announced plans to use its extensive electronic health records, along with the electronic health records of Guthrie Health and Susquehanna Health, to investigate the possible health effects of Marcellus Shale gas drilling.
The study will look at detailed health histories of hundreds of thousands of patients who live near the Marcellus Shale, a rock formation in which energy companies already have drilled about 5,000 natural-gas wells.
“We anticipate additional institutional partners,” said Dr. Joseph Scopelliti, president and CEO of Guthrie.
“Our aim is to create a cross-disciplinary and sharable repository of data on environmental exposures, health outcomes and community impacts. The analysis of this data will further allow for the development of appropriate interventions.”
Jeffrey Apfelbaum, co-trustee of the Degenstein Foundation, said the landscape of the region is in a state of immense change.
“This project will make a difference in our region as we seek to better understand the shifts occurring around us,” he said.
The majority of the funding will be used to underwrite growth of the necessary data-gathering infrastructure and to help develop strategic studies of the data gathered.
Degenstein Foundation
The Degenstein Foundation was created by Charles B. Degenstein to improve the quality of life and to provide financial support to organizations with clear statements of purpose, well-defined programs and competent leadership.
Special consideration is given to unique, innovative and creative projects that benefit children, promote education, improve health care, encourage business, culture, conservation of natural resources and protection of the environment.
www.timesleader.com/stories/Hospitals-to-study-drilling-and-health,265425?category_id=487&town_id=1&sub_type=stories
Bill O’Boyle – boboyle@timesleader.com – 570-829-7218
Land-use webinar offered by Penn State Extension on Feb. 20
news.psu.edu/story/264504/2013/02/18/land-use-webinar-offered-penn-state-extension-feb-20
UNIVERSITY PARK — A Web-based seminar focusing on limitations in municipal land-use authority will be offered by Penn State Extension at noon and 7 p.m. Feb. 20.
“How Pre-emption of Zoning and Other Local Controls Impacts Planning” will provide participants with an appreciation of how state laws can impact local land use.
In the one-hour session, attorney Charles Courtney, of McNees Wallace & Nurick LLC, will explain why planners, elected officials and other interested parties should understand how certain statutes can limit municipal land-use authority.
“Although municipalities have broad land-use authority under the Pennsylvania Municipalities Planning Code, various commonwealth statutes limit that authority in specific areas — for example the Oil and Gas Act and the Nutrient Management Act,” he said.
“Under many of these statutes, the municipality is forbidden to impose any requirement that is inconsistent with the state statute. This pre-emption can be expressly written in the statute, or it can be implied.”
Understanding the limitations in local land-use authority will help municipal officials to be better planners, Courtney noted. The webinar, which will be moderated by Neal Fogle, Penn State Extension educator based in Northumberland County, will provide that insight.
The Feb. 20 presentation is part of Extension’s Land Use Decision-Making Monthly Webinar Series, which provides information about current planning issues, land use planning tools and techniques, local regulation and community engagement. The sessions are designed to help planners, elected officials and citizens better engage in land use decision-making processes.
Upcoming webinars will cover the following topics:
–March 20: “Renewable Energy Implementation and Land Use Regulations — Is There Conflict?”
–April 17: “Developing More Effective Citizen Engagement: A How-To Guide for Community Leaders”
–May 15: “Low Impact Development and Smart Growth: How Are They Best Integrated and Utilized in Our Communities?”
A webinar held Jan. 16, “Planning in Pennsylvania: Land Use, Communities and Beyond,” was recorded and is available to registered participants for viewing.
Registration cost for the entire webinar series is $25, and registrants can watch as few or as many webinars as they like. For more information, contact Jeff Himes, extension educator based in Tioga County, at 570-724-9120 or jhimes@psu.edu, or visit http://agsci.psu.edu/land-use-webinar.
Contacts:
Chuck Gill
cdg5@psu.edu
Work Phone:
814-863-2713