Rep. White calls on state, federal authorities to investigate DEP

Breaking: PA Rep. Jesse White Challenges DEP Over Deceptive Marcellus Shale Water Testing Practices

by Iris Marie Bloom
November 2, 2012
protectingourwaters.wordpress.com/2012/11/02/breaking-pa-rep-jesse-white-challenges-dep-over-deceptive-marcellus-shale-water-testing-practices/

An explosive press release issued yesterday by Pennsylvania State Representative Jesse White alleges formally, based on a deposition by a high-ranking PA DEP official, what many residents of “shale country” in Pennsylvania have been saying for years: that PA DEP water testing data is manipulated in order to avoid disclosing shale gas drilling water impacts to those affected.

The Pittsburgh Post-Gazette reported the story 20 minutes ago, “Lawmaker Challenges PA DEP’s Reporting of Gas Well Water Safety.” Read Post-Gazette reporter Don Hopeys’ article here. [ http://pipeline.post-gazette.com/news/archives/24893-lawmaker-challenges-pa-dep-s-reporting-of-gas-well-water-safety ]

Due to the riveting importance of this call for investigation of PA DEP’s integrity, and due to the severe health impacts  experienced by some of those whose water has been fouled by shale gas drilling processes in Pennsylvania, we are publishing Rep. Jesse White’s press release in full: [ http://pahouse.com/PR/046110112.asp ]

White calls on state, federal authorities for investigation of DEP over deceptive Marcellus Shale water-quality testing practices

Testimony by DEP lab chief reveals possibility of intentionally undisclosed public health risks from Marcellus Shale gas drilling

HARRISBURG, Nov. 1 – State Rep. Jesse White, D-Allegheny/Beaver/Washington, today called for state and federal law enforcement agencies to investigate the Pennsylvania Department of Environmental Protection for alleged misconduct and fraud revealed by sworn testimony given by a high-ranking DEP official.
White said he received a letter and corresponding documents highlighting the sworn testimony of DEP Bureau of Laboratories Technical Director Taru Upadhyay, who was deposed in a lawsuit alleging nearby natural gas drilling operations contaminated drinking water supplies in Washington County, causing serious health issues. In the deposition, Upadhyay said that the DEP was clearly aware of water impacts from Marcellus Shale drilling, but no notices of violation were filed – a violation of the state’s Oil & Gas Act.

Of more critical concern to Pennsylvania residents, according to White, was that the deposition revealed that the DEP developed a specialized computer-code system to manipulate the test results for residents whose water was tested by the DEP over concerns of adverse effects from gas drilling operations.

According to the transcripts, which have been filed as exhibits in a related lawsuit in Washington County Court of Common Pleas (Haney et al. v. Range Resources et al., Case No. 2012-3534), the DEP lab would conduct water tests using an EPA-approved standard, but the DEP employee who requested the testing would use a specially designed ‘Suite Code’ which limits the information coming back from the DEP lab to the DEP field office, and ultimately to the property owner.

The code in question, Suite Code 942, was used to test for water contamination associated with Marcellus Shale drilling activities, yet specifically screens out results for substances known to be hazardous and associated with Marcellus Shale drilling. Similar codes, Suite Code 943 and 946, are also used by the DEP in similar circumstances; both of these codes omit the presence or levels of drilling-related compounds.

As a result, if Suite Code 942 is applied, the report generated for the homeowner by DEP only includes eight of the 24 metals actually tested for: Barium, Calcium, Iron, Potassium, Magnesium, Manganese, Sodium and Strontium. The homeowner would not be given results for: Silver, Aluminum, Beryllium, Cadium, Cobalt, Chromium, Copper, Nickel, Silicon, Lithium, Molybdenum, Tin, Titanium, Vandium, Zinc and Boron.

“This is beyond outrageous. Anyone who relied on the DEP for the truth about whether their water has been impacted by drilling activities has apparently been intentionally deprived of critical health and safety information by their own government,” White said. “There is no excuse whatsoever to justify the DEP conducting the water tests and only releasing partial information to residents, especially when the information withheld could easily be the source of the problem. This goes beyond incompetence; this is unlawful and reprehensible activity by the DEP. If these allegations are true, there needs to be a thorough and objective investigation to determine if someone belongs in a jail cell.”

White continued: “I am not releasing this information to hurt Marcellus Shale development in Pennsylvania, but to help ensure the reality matches the rhetoric. The Marcellus boom was built on the assumption that the DEP was competent and capable of balancing the positive impacts of the industry with its job of keeping residents safe and secure, but we now know that simply isn’t the case. Like most of us, I want the Marcellus Shale industry to succeed by doing things the right way, so it is crucial to find out what exactly the DEP was up to. If the system is indeed rigged, we must do everything in our power to root out corruption and restore public confidence in our ability to have an honest conversation with one another about developing a responsible energy policy for Pennsylvania.”

Due to the strong possibility of unlawful conduct, White is calling on the U.S. Attorney’s office, the Environmental Protection Agency, state Attorney General Linda Kelly and any other appropriate law enforcement agency to pursue an investigation of the DEP to discover the scope and depth of this scheme to withhold important information from Pennsylvanians. White is also sending a letter to the National Environmental Laboratory Accreditation Program (NJ-NELAP), to investigate whether the DEP’s conduct and practices violated the accreditation standards for the DEP laboratories. If accreditation standards were violated, White is requesting the DEP’s accreditation be stripped, rendering the agency unable to conduct and certify its own tests.

White said he is sending a letter to DEP Secretary Michael Krancer seeking a summary of how many constituents in his legislative district, which includes communities with high levels of Marcellus Shale drilling  activity, had DEP tests done using Suite Codes 942, 943 or 946. White also intends to make a blanket request on behalf of his constituents that DEP release the full testing data directly to the individual property owners in question.

Any Pennsylvania resident who received water quality test results from the DEP should look for the number 942, 943 or 946 as a ‘Suite Code’ or ‘Standard Analysis’. White encouraged anyone with questions to contact his district office at 724-746-3677 for more information and noted that the property owner should be entitled to the complete testing results from DEP.

“This isn’t a technicality, and it isn’t something which can be ignored,” White said. “We are talking about people’s health, safety and welfare. The sworn testimony from inside the DEP about a scheme to withhold vital information about potential water contamination is truly alarming. An investigation is necessary to answer these serious allegations.”

The letter sent to Rep. White alerting him of these issues can be found at:http://www.scribd.com/doc/111821139

The deposition of TaruUpadhyay, technical director of PA DEP Laboratory can be found at:http://www.scribd.com/doc/111821978

###

Take Action: Speak Up

Beyond absorbing this important news, this is the time to write your letters to the editor and otherwise speak in public, including direct confrontation at public meetings, to demand an immediate halt on on high-volume hydraulic fracturing in Pennsylvania. Residents and workers’ health is being hurt, yet the industry is keeping toxic secrets, with help from far too many friends in high places.
Not to be forgotten in our outrage over PA public officials’ betrayal of public health: the big picture. Fracking accelerates climate change. Even as we post this, over 1.6 million people are without power from mega-storm Sandy; the death toll continues to rise. Extreme weather events are occurring, and will occur, more frequently and with greater severity due to climate change. Climate change is the greatest single threat to all of our health. Whether you drink water from a well that could be impacted — and you now know you are not protected by either our state or federal authorities — or whether you breathe air already impacted by the hundreds of thousands of diesel-powered truck trips, flowback waste emissions, compressor station emissions and pipeline leaks inherent in fracking; or whether you want our people to stop escalating the ravages of global warming, now is the time to speak up and demand change.

Fracking risks reduce value of properties

New economic study: Fracking risks reduce value of properties dependent on groundwater

switchboard.nrdc.org/blogs/amall/new_economic_study_fracking_ri.html
November 1, 2012
Amy Mall, Senior Policy Analyst, Washington, D.C.

There is a new National Bureau of Economic Research (NBER)* working paper, from researchers at Resources for the Future and Duke University, on the effect that proximity to a shale gas well can have on property values. The researchers looked at more than 19,000 properties sold over a five year period in Washington County, Pennsylvania, and controlled for neighborhood amenities and other factors. Among the findings:

  •  Concerns about groundwater risks associated with drilling “lead to a large and significant reduction in property values” and “These reductions offset any gains to the owners of groundwater-dependent properties from lease payments or improved local economic conditions, and may even lead to a net drop in prices.”
  •  Well drilling seems to have impacts on properties up to 2000 meters from a well –more than a mile.
  •  Properties dependent upon groundwater for their drinking water are more likely to experience negative changes in property values than properties that get their water from a piped-in municipal water supply.
  •  Local economic development and lease payments associated with shale development can boost the housing market substantially, but only if the property has access to a public water supply.
  •  The researchers estimate that properties that get their water from public drinking water supplies saw increases in value of 10.7 percent, and speculate that this increase is most likely due to lease payments.
  •  The researchers estimate that these positive gains from lease payments were fully offset for properties that depend on private drinking water wells. This is due to the perceived risk to groundwater, which is estimated to decrease property values by 23.6 percent if there is a wellpad within 2000 meters.
  •  Net negative impacts on property values could lead to “an increase in the likelihood of foreclosure in areas experiencing rapid growth of hydraulic fracturing.”

We’ve blogged before about individuals who live near natural gas wells and want to move away, but whose property values have dropped too much, or who have not been able to sell their property at any price, or whose buyers have problems getting a mortgage. Families with contaminated drinking water are truly stuck unless they can find a new  source of drinking water. Research such as this is very important to accompany these real life stories with data, and underscores the need for much stronger rules to protect drinking water sources from the risks of fracking.
*Despite its official sounding name, NBER is a private, non-profit entity, not a government program. The paper is also available for free on the website of Resources for the Future.

Emerging water topics focus of upcoming webinar series

Webinar topics will include water testing, septic systems, groundwater quality, water education, West Nile virus and managing ponds and lakes

UNIVERSITY PARK, PA — The effects of Marcellus Shale natural-gas drilling and other emerging water-resources issues will be covered during monthly Web-based seminars produced by Penn State Extension starting this fall.

Topics over the next 12 months will include water testing, septic systems, groundwater quality, water education, West Nile virus and managing ponds and lakes.

The first webinar, “Tradeoffs for Municipal Officials in Leasing Watershed Lands for Marcellus Drilling,” will be held from noon to 1 p.m. on Wednesday, Oct. 31, and can be viewed at https://meeting.psu.edu/water1.

Charles Abdalla, professor of agricultural and environmental economics in Penn State’s College of Agricultural Sciences, will be the presenter in the initial webinar, discussing the effects of shale-gas development on water resources. He will concentrate on the effects of gas-drilling activity on watershed lands used for public water supplies.

“Such activity has the potential to influence the quality and adequacy of drinking water for a large number of people and businesses,” Abdalla said. “This webinar will examine issues related to leasing municipally owned watershed lands for Marcellus Shale gas exploration by reviewing the findings of a recent study of eight Pennsylvania municipalities.”

Abdalla stressed that there are many aspects that must be considered when municipal watersheds are leased for drilling.

“Those factors include officials’ motivations to lease subsurface gas rights, officials’ knowledge of expected revenues and potential risks to their water supply, how benefits and risks were considered and weighed, and how customers and the public were involved in decisions,” he said.

Pre-registration is encouraged but not required for these webinars. Recorded versions of each webinar also are posted on the website for those who cannot log on for the live version.

To register or learn more about future or recorded webinars, visit http://water.cas.psu.edu/webinars.htm.

For more information, contact Bryan Swistock at 814-863-0194 or by email at brs@psu.edu.

live.psu.edu/story/62243#nw69
Thursday, October 25, 2012

New Well Owners Booklet Answers Many Questions

New Well Owners Booklet Answers Many Questions
When should you test your water? And what should you test it for?

WILKES-BARRE, PA—October 1, 2012—Brian Oram, a professional geologist and soil scientist and founder of B.F. Environmental Consultants, announced today that his firm is making available “The Pennsylvania Guide for Groundwater for Private Well Owners: What Do the Numbers Mean?” through the Water Research Center / Know Your H20 Portal.

“The goal of this booklet is to help educate and inform citizens on issues related to water conservation, ensuring that private water supply systems produce safe drinking water for your family, protecting the long-term quality of our streams and drinking water sources, and helping you to understand the potential sources of pollution to our water resources,” Oram said.

The booklet provides general information explaining certified water testing, chain-of-custody, and drinking water regulations and standards. It provides information related to the health (primary standards) or aesthetic (secondary standards) concerns for each parameter and provides information on water quality parameters that do not specifically have a drinking water limit.

“This reference is a guide to understanding water quality that works by providing guidance on selecting water quality testing parameters for baseline testing from a citizen’s perspective and by serving as a tool to help interpret water quality data,” Oram added.

In some cases, the document provides guidance on what actions a homeowner may want to consider in light of test results.

The booklet is part of the effort to support the Citizens Groundwater and Surface Water Database, a grassroots effort to track change in groundwater quality in Pennsylvania. To learn more about the Citizen Groundwater/ Surface Water Database and other Grassroots Efforts or to schedule an outreach event.

About B.F. Environmental Consultants, Inc.
B.F. Environmental Consultants, based in Northeastern Pennsylvania and the Poconos, has been providing professional geological, soils, hydrogeological, and environmental consulting services since 1985. The company specializes in the following areas: hydrogeological and wastewater evaluations for siting land-based wastewater disposal systems; soils consulting (soil scientists), environmental monitoring, overseeing the siting, exploration, and development of community/ commercial water supply sources; baseline water testing, conducting “certified baseline samplers training programs”,  environmental training/ professional training courses, and other environmental services. For more information about B.F. Environmental Consultants, visit www.bfenvironmental.com and www.water-research.net.

Announcement

B.F. Environmental Consultants Inc is now offering affordable distance learning courses on alternative energy systems, natural gas development, petrochemical training, environmental science, soil science, health and safety OSHA, industrial training, and engineering management.  This includes continuing education and PDH.  In addition,  our new online store offers access to information and products related to water harvesting, rain barrels, composting, water conservation, water quality monitoring, soil management, and much more.
Visit – our Website Today !
http://www.bfenvironmental.com

2024 – New Drinking Water Educational Booklet for Private Well Owners and City Water Customers

Pennsylvania Groundwater Symposium

CALL FOR ABSTRACTS [ http://agsci.psu.edu/pawaterabstract ]
Pennsylvania Groundwater Symposium
May 8, 2013
Penn State University, University Park, PA
Abstract Deadline is December 3, 2012
Abstracts can be submitted at: http://agsci.psu.edu/pawaterabstract

In celebration of National Drinking Water Week, Penn State Extension’s Master Well Owner Network and the Pennsylvania Department of Environmental Protection along with numerous other sponsors invite you to submit abstracts for the 2013 Pennsylvania Groundwater Symposium at Penn State University in University Park, PA. The Symposium theme: Emerging Issues in a Changing Landscape will provide a forum for researchers, students, professionals and educators working in the groundwater field to exchange information and promote protection of groundwater resources throughout the state.

Abstracts will be accepted through December 3, 2012 for short presentations or posters on a wide variety of groundwater topics including:
• Groundwater processes
• Wellhead protection
• Water well studies
• Emerging contaminants
• Data availability
• Groundwater monitoring
• Aquifer studies
• Groundwater/surface water interactions
• Issues related to energy extraction
• Education and outreach

The conference planning committee will review all abstracts and notify authors of acceptance via email by December 14, 2012.  The conference registration site and agenda will be available by February 1, 2013. Thanks to generous support from sponsors, we currently expect a nominal registration fee of approximately $25 to $30 for this symposium.  We hope you can join us for this event showcasing Pennsylvania’s valuable groundwater resource!

Cabot’s Methodology Links Tainted Water Wells to Gas Fracking

www.businessweek.com/news/2012-10-02/cabot-s-methodology-links-tainted-water-wells-to-gas-fracking
By Mark Drajem and Jim Efstathiou Jr. on October 02, 2012

Methane in two Pennsylvania water wells has a chemical fingerprint that links it to natural gas produced by hydraulic fracturing, evidence that such drilling can pollute drinking water.

The data, collected by the U.S. Environmental Protection Agency, are significant because the composition of the gas –its isotopic signature — falls into a range Cabot Oil & Gas Corp. (COG) had identified as that of the Marcellus Shale, which it tapped through hydraulic fracturing, or fracking.

“The EPA data falls squarely in the Marcellus space” established by Cabot’s scientists, said Rob Jackson, an environmental scientist at Duke University. That evidence backs up his findings linking gas drilling and water problems in the town of Dimock, applying the very methodology that Cabot established to try to debunk it, he said. Read more

EPA says Dimock water safe, but Cabot still can’t drill there

U.S. EPA yesterday ended the latest chapter in the turbulent drilling dispute in Dimock, Pa., finding that contaminant levels in its water show no health threat and no connection to hydraulic fracturing  chemicals.

Because of that, the agency said, it will stop delivering water to four households in the small northeastern Pennsylvania community that was featured in the anti-drilling documentary “Gasland.”

“The sampling and an evaluation of the particular circumstances at each home did not indicate levels of contaminants that would give EPA reason to take further action,” said Philadelphia-based EPA Regional Administrator Shawn Garvin.

The action, however, does not change state officials’ case against Cabot Oil and Gas for contaminating water wells in the community with methane. The Pennsylvania Department of Environmental Protection still has not cleared Cabot to drill in areas of Dimock Township where it ordered wells shut down in 2009. That case focused on poor well construction, not problems with fracturing.

A Cabot spokesman said the company is “working closely with the state to restart our operations.”

EPA had looked for hazardous substances such as arsenic, barium or manganese (E&ENews PM, May 11). At five homes, EPA sampling found those substances, which are naturally occurring, at levels that “could present a health concern.” But all five of the homes have sufficient treatment systems, or will have them, to make the water quality acceptable coming out of the tap.

“The data released today once again confirms the EPA’s and DEP’s findings that levels of contaminants found do not possess a threat to human health and the environment,” a statement issued by the company said.

The statement said the company will “continue to cooperate with federal, state and local officials” and stressed the economic growth that drilling has brought to the area.

Industry praised EPA’s findings as “fact-based” and cast them as vindication of the safety of drilling.

“We are very pleased that EPA has arrived upon these fact-based findings and that we’re now able to close this chapter once and for all,” said Kathryn Klaber, president of the Marcellus Shale Coalition, an industry group.

What’s not closed is the action by Pennsylvania DEP, which shut down Cabot’s drilling in portions of Dimock Township in 2009. State officials said shoddy well construction on Cabot wells allowed methane gas to leak (or “migrate”) into the water wells of Dimock residents.

EPA testing has left many with the impression that the federal agency has exonerated and debunked all the allegations against Cabot in Dimock, said John Hanger, who headed Pennsylvania DEP during its Dimock investigation.

He says a drive by some environmental groups to shut down the industry in Pennsylvania has backfired. He said they pushed too far by trying to prove that hydraulic fracturing chemicals, not just methane, had contaminated the Dimock water.

“This is the problem with hyperbole, exaggeration and wild claims,” Hanger said. “There are real impacts from gas drilling, and we should focus on those, such as methane migration and methane leaks.”

DEP testing found “thermogenic” — as opposed to naturally occurring — gas at 18 properties. DEP fined the company and eventually negotiated a $4.1 million settlement in which all the affected homeowners got at least two times the value of their home and kept any mineral rights.

EPA tested for methane in its first round of sampling. Five wells had methane above the federal Office of Surface Mining’s screening level of 28 parts per million. Two of the homes were receiving alternate sources of drinking water from Cabot. EPA officials said all of the people affected were already aware that their water contained levels of methane.

“EPA’s investigation does not include an evaluation of the risk posed by elevated levels of methane — which continue to exist in some homes in Dimock — and which, at extreme levels and if unaddressed, can lead to explosions,” said Natural Resources Defense Council senior attorney Kate Sinding.

www.eenews.net/public/energywire/2012/07/26/1
Mike Soraghan, E&E reporter
EnergyWire: Thursday, July 26, 2012

EPA Completes Drinking Water Sampling in Dimock, Pa.

EPA News Release
Contact: Terri White white.terri-a@epa.gov 215-814-5523

PHILADELPHIA (July 25, 2012) – The U.S. Environmental Protection Agency announced today that it has completed its sampling of private drinking water wells in Dimock, Pa. Data previously supplied to the agency by residents, the Pennsylvania Department of Environmental Protection and Cabot Oil and Gas Exploration had indicated the potential for elevated levels of water contaminants in wells, and following requests by residents EPA took steps to sample water in the area to ensure there were not elevated levels of contaminants. Based on the outcome of that sampling, EPA has determined that there are not levels of contaminants present that would require additional action by the Agency.

“Our goal was to provide the Dimock community with complete and reliable information about the presence of contaminants in their drinking water and to determine whether further action was warranted to protect public health,” said EPA Regional Administrator Shawn M. Garvin.  “The sampling and an evaluation of the particular circumstances at each home did not indicate levels of contaminants that would give EPA reason to take further action.  Throughout EPA’s work in Dimock, the Agency has used the best available scientific data to provide clarity to Dimock residents and address their concerns about the safety of their drinking water.”

EPA visited Dimock, Pa. in late 2011, surveyed residents regarding their private wells and reviewed hundreds of pages of drinking water data supplied to the agency by Dimock residents, the Pennsylvania Department of Environmental Protection and Cabot.  Because data for some homes showed elevated contaminant levels and several residents expressed concern about their drinking water, EPA determined that well sampling was necessary to gather additional data and evaluate whether residents had access to safe drinking water.

Between January and June 2012, EPA sampled private drinking water wells serving 64 homes, including two rounds of sampling at four wells where EPA was delivering temporary water supplies as a precautionary step in response to prior data indicating the well water contained levels of contaminants that pose a health concern.  At one of those wells EPA did find an elevated level of manganese in untreated well water.  The two residences serviced by the well each have water treatment systems that can reduce manganese to levels that do not present a health concern.

As a result of the two rounds of sampling at these four wells, EPA has determined that it is no longer necessary to provide residents with alternative water.  EPA is working with residents on the schedule to disconnect the alternate water sources provided by EPA.

Overall during the sampling in Dimock, EPA found hazardous substances, specifically arsenic, barium or manganese, all of which are also naturally occurring substances, in well water at five homes at levels that could present a health concern. In all cases the residents have now or will have their own treatment systems that can reduce concentrations of those hazardous substances to acceptable levels at the tap.  EPA has provided the residents with all of their sampling results and has no further plans to conduct additional drinking water sampling in Dimock.

For more information on the results of sampling, visit: http://www.epa.gov/aboutepa/states/pa.html .

Washington County families sue over fracking, water testing

www.post-gazette.com/stories/local/marcellusshale/washington-county-families-sue-over-fracking-water-testing-637631/?p=0

By Don Hopey / Pittsburgh Post-Gazette
May 26, 2012

Three Washington County families claim in a lawsuit that they face serious health problems, including a heightened risk of cancer, due to exposure to toxic spills, leaks and air pollutants from a Range Resources Marcellus Shale gas site.

The 182-page lawsuit, filed Friday in Washington County Common Pleas Court, alleges that Range and two commercial water testing laboratories, Microbac Laboratories Inc. and Test America, conspired to produce fraudulent test reports that misrepresented the families’ well water as good and contributed to their exposure to hazardous chemicals and a multitude of health problems.

Filed by attorneys John and Kendra Smith, the lawsuit seeks unspecified punitive damages and is based on information contained in hundreds of pages of water test reports and documents, many subpoenaed from Range and other defendants. In addition to Range, defendants named in the suit include 12 of the drilling company’s subcontractors or suppliers, two individuals and the two water testing laboratories. A jury trial is requested.

According to the lawsuit, Range Resources knew its shale gas development operation on the Yeager farm property on McAdams Road in Amwell had contaminated the groundwater with chemicals from a leaking drilling waste pit and a 3 million-gallon hydraulic fracturing fluid flowback impoundment as early as November 2010. But, the suit states, the company told the plaintiffs that tests showed their well water was safe to drink, shower and bathe in, cook with, and provide to farm animals and pets. Some of those animals were sickened, and some died.

The suit says the plaintiffs developed health problems that included nose bleeds, headaches and dizziness, skin rashes, ear infections, nausea, and numbness in extremities.

“It’s unfortunate that our clients had no choice but to file a civil action due to damage not only caused to their water and property, but to their health,” said Mr. Smith in a written response to a request for comment. “Had the [state Department of Environmental Protection] protected these people, it may have been a different outcome.”

Mr. Smith said the lawsuit is the first he knows of in Pennsylvania to allege that a Marcellus Shale gas drilling company didn’t provide complete and fully accurate water test results to residents and state regulators.

Range Resources spokesman Matt Pitzarella issued a statement saying the company cares about the quality  of its operations and stands by testing that “has repeatedly proven that our operations have had no adverse impacts in this instance.” His statement went on to attack the motives of the law firm and attorneys representing the Amwell residents, and its tactics, which he characterized as “fear-mongering.”

“This isn’t about health and safety; it’s unfortunately about a lawyer hoping to pad his pockets, while frightening a lot of people along the way,” he said.

Mr. Smith said it’s easier to attack the messenger than to refute facts.

Range Resources has maintained for years that its Yeager operations, which include one “fracked” well and two drilled wells, condensate tanks, the flowback fluids impoundment and drill cuttings pit, have not contaminated groundwater.

The suit says full and complete test results, subpoenaed from Range but never revealed to residents near the Yeager well site, show that chemical contaminants similar to those found in the fracking flowback impoundment and the drill cuttings pit were also found in water samples from wells and springs.

Range showed or sent to the plaintiffs and the DEP less detailed test reports but, the lawsuit claims, omitted results for others, including several semi-volatile organic compounds that were present in the groundwater samples and the company’s impoundment and pit, and that showed the water was contaminated.

DEP spokesman Kevin Sunday declined to comment because the matter is in litigation.

Due to continuing health problems, three of the plaintiffs, Stacey Haney and her children have, on the advice of their doctor, moved out of their home on McAdams Road, about 1,500 feet from the Yeager flowback-water impoundment.

Toxicity testing of urine from all the Haney family members has measured higher than safe levels of toulene, benezene, arsenic, cobalt and cadmium. Benezene and arsenic are known carcinogens.

Plaintiffs Beth, John and Ashley Voyles, who live about 800 feet from the impoundment and drill site, and Loren Kiskadden and his mother, Grace Kiskadden, who live in separate homes about 3,100 feet from the Yeager impoundment, have had similar health problems and urine test results.

The filing alleges that in September 2011 Range provided incomplete drinking water test results from Test America to the DEP that omitted findings showing a high concentration of nitrate — which can cause cancer — plus fracking fluid, flowback water, uranium and silicon.

Mrs. Voyles sued the DEP in Commonwealth Court in May 2011, claiming the department wasn’t properly investigating odor and water complaints related to the Yeager impoundment. That case is pending.

Today both the Voyles and Haney properties are receiving replacement water supplied by Range.

But Range has denied Mr. Kiskadden’s request that it supply him with an alternative water source, based on the water test results that the company and the DEP said shows his well water was not contaminated by its drilling operations. He has appealed that determination by the DEP to the state Environmental Hearing Board.

The lawsuit also says Range used the Yeager drill cuttings pit to dispose of hazardous drilling waste from at least three other gas drilling sites in Washington County, and the pit leaked and contaminated groundwater.

In April 2010, DEP issued a notice of violation against Range for “failing to control/dispose of production fluids properly,” and a month later Range drained the pit, replaced the pit liner and excavated contaminated  soil. Range has not been fined for that violation.

It’s the only violation DEP has issued to Range for its Yeager operations or to any of the defendants in the lawsuit, which alleges the defendants committed various violations of the Pennsylvania Clean Streams Law, the state Solid Waste Management Act, and the Hazardous Sites Cleanup Act.

Don Hopey: dhopey@post-gazette.com or 412-263-1983.
First Published May 26, 2012

Bradford County water wells tested for methane

www.stargazette.com/article/20120521/NEWS11/205210388/Bradford-County-water-wells-tested-methane?odyssey=tab|topnews|text|FRONTPAGE&nclick_check=1
May. 21, 2012

Pa. officials, Chesapeake try to determine cause of gas migration

Pennsylvania officials and Chesapeake Energy are investigating a possible methane gas migration issue in Leroy Township in Bradford County.

The Department of Environmental Protection’s Oil and Gas Program received the initial report on Saturday evening, said Daniel Spadoni, the agency’s community relations coordinator.

Methane was detected in the headspace of two private drinking water wells. Both wells have been vented, DEP says. There have also been reports of gas bubbling documented in nearby wetlands.

Chesapeake’s Morse well pad — which contains two wells — is about one-half mile from the affected private wells. DEP has sampled four private wells in the area and a Chesapeake consultant is screening all private wells within a 2,500 foot radius of the Morse pad.

Brian Grove, Chesapeake’s senior director of corporate development, said the company was alerted Saturday to a complaint regarding residential water supplies and nearby surface water. The company, Grove said, is “working cooperatively with the Pennsylvania Department of Environmental Protection to investigate the situation.”

More information will be released as the investigation proceeds, the company said.

Methane migration, when methane gas leaks into water wells, happens when a gas well hits a pocket of naturally occurring methane gas in the earth, allowing the methane to seep into the soil. In the cases where it can be proved the contamination has been caused by natural gas drilling, gas companies can be made responsible for any remediation methods — installing new water wells, providing bottled fresh water or installing equipment to vent the methane.

Although the DEP strengthened its drilling regulations in February 2011 by mandating a higher grade of cement be used in the well casings, pressure testing the wells and more inspections, the methane migration problem has persisted.

In May 2011, DEP fined Chesapeake Energy for a series of water contamination incidents and a well-site fire that injured three workers. The company agreed to pay $900,000 for allowing methane to migrate up faulty wells in Bradford County and contaminate 16 families’ drinking water beginning in 2010.

In January, DEP sent a violation notice to Chief Oil & Gas for three gas wells in Wyoming County’s Nicholson Township saying there is 100-percent combustible gas between the cemented steel casings, which the agency uses as a sign of flaws in construction of the well. The investigation began after a nearby resident complained of high methane levels in well water supplies.

Methane levels above 28 milligrams per liter are a cause for concern because at that point, water can no longer hold the gas and it begins to escape to the air.

Meanwhile, DEP’s Spadoni said, and no methane has been detected inside any of the homes near the Morse well pad.

One of the wells being tested provides drinking water for a niece of Patricia Klotz, of Rome, Pa. Her niece lives near Rockwell Road in Leroy Township, and Klotz said her niece’s water is being tested every 12 hours and that the testing has been going on for a couple of days.

“But she and her neighbors are afraid to say anything, for fear of repercussions,” Klotz said.

The investigation is continuing and no determination has been made as to the source or sources of the methane, DEP says.