Environmental protection takes a significant hit

citizensvoice.com/news/environmental-protection-takes-a-significant-hit-1.1359308
Published: August 16, 2012

State environmental regulators told The Associated Press last year that they spend as little as 35 minutes reviewing each of thousands of permit applications for natural gas wells, even though the environment surrounding each well is unique to that site.

Gov. Tom Corbett’s reaction? That’s not fast enough.

After cutting the DEP budget by more than $20 million during his first 18 months in office, the governor issued an executive order July 24 that will pressure DEP personnel to quickly complete their reviews, regardless of conditions on the ground. It requires the DEP to set specific deadlines for DEP decisions and makes compliance with those deadlines part of the employees’ performance evaluation standards.

DEP’s appropriate mission, of course, is environmental protection rather than mere speed. The governor would have the agency treat all complete permit applications alike even though each location has unique environmental features.

Even under existing procedures, DEP staffers told the AP, evaluators did not spend extra time on applications to drill near fragile waterways that have specific state and federal protections.

The order is curious in several ways.

It rescinds an executive order issued in 1995 by Gov. Tom Ridge, under which the DEP refunded permit fees to applicants if the agency did not review applications within a set time period. Since then, the DEP has refunded a tiny portion of application fees.

According to the governor, he acted because the complaint “I have received over and over again is the time it takes for businesses, nonprofit organizations and governments to work through the permitting process.”

What one hears, of course, is a function of to whom one listens. Corbett listens very intently to the gas industry, especially since his insistence on vast tax breaks for a gas-based Shell petrochemical refinery in Beaver County that will require an array of environmental clearances. His hearing relative to the environmental impact of drilling has been far more selective. Corbett’s executive order would be more appropriate for an economic development agency, but that is not the legitimate mission of the DEP. The order is a back-door means to diminish environmental protection.

Webinar to explore court decision on Marcellus gas development

The Corbett Administration has appealed the Commonwealth Court ruling on the Marcellus natural gas law, Act 13, to the Pennsylvania Supreme Court.

UNIVERSITY PARK, Pa. — Penn State Extension [ http://extension.psu.edu/ ] will host a Web-based seminar on Aug. 9 exploring the ramifications of the recent court decision that struck down part of the state’s recently passed law governing Marcellus Shale natural-gas development.

Titled “A Blow to Act 13?: The Impact of the Commonwealth Court’s Decision on Local Zoning and Natural Gas Development in Pennsylvania,” the one-hour webinar will begin at 1 p.m. Free and open to the public, the session will be of special interest to municipal officials and attorneys.

Attorney Steve Saunders with Saunders Law LLC in Scranton will provide an expert’s view of traditional zoning in Pennsylvania and oil and gas development before and after Act 13. He will cover the legal arguments presented to the Commonwealth Court and explain the court’s rationale for its decision.

Saunders also will examine possible outcomes resulting from the court ruling and advise how local governments might react, according to David Messersmith, extension educator based in Wayne County, who will moderate the online discussion.

“Our main goal for the webinar is to clear up any misconceptions that people have about the court decision and to help them understand what their future course of action might be regarding Marcellus gas development,” he said. “We want to clarify what the court decision really means.”

Because the Commonwealth Court ruling was appealed by Gov. Tom Corbett’s administration to the state Supreme Court in late July, municipal officials and others face considerable uncertainty about its immediate impact on natural-gas development, Messersmith said. He noted that Saunders will address possible outcomes from the appeal.

“There are a lot of people who are interested in natural-gas development, and the Marcellus play impacts such a wide segment of the population — from business owners to local government officials to citizen stakeholders — so we believe that this program will be of interest to many,” he said.

The webinar can be viewed at https://meeting.psu.edu/pscems/. No registration is necessary. For more information, contact Carol Loveland at 570-320-4429 or by email at cal24@psu.edu.

live.psu.edu/story/60597#nw69
Friday, August 3, 2012

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 .

Talisman Energy to pay $62,000 penalty for violations at 52 natural gas facilities in Pa.

EPA News Release
Contact: Roy Seneca seneca.roy@epa.gov  215-814-5567

PHILADELPHIA (July 25, 2012) — Talisman Energy USA Inc. will pay a $62,457 penalty to settle alleged violations of hazardous chemical reporting requirements at 52 hydraulic fracturing facilities throughout Pennsylvania that include natural gas well sites and compressor stations, the U.S. Environmental Protection Agency announced today. Talisman discovered the violations and self-disclosed them to the EPA.

The Emergency Planning and Community Right-to-Know Act (EPCRA) requires companies that store specified amounts of hazardous chemicals to submit material safety data and lists of chemicals on site with state and local emergency response agencies and the local fire departments. The safety data describes health risks associated with the chemicals and safe handling instructions. The lists of chemicals set forth the types and quantities of chemicals present on site.

Compliance with these requirements is important for the health and safety of facility occupants and first responders in the event of discharge or accidental exposure to hazardous chemicals. The required information also provides valuable information to emergency planners.

The settlement reflects Talisman’s good faith cooperation with EPA, and its compliance efforts in self-disclosing and swiftly correcting the violations. As part of the settlement, the company neither admitted nor denied the alleged violations.

In a consent agreement with EPA, the company has agreed to pay the $62,457 penalty for failing to file required chemical information for one or more of the past three years at each of the facilities included in the settlement.

For more information on EPCRA and EPA’s toxic chemical reporting program, visit http://www.epa.gov/emergencies/content/epcra/index.htm .

Study examines ownership, control of land with Marcellus Shale gas

live.psu.edu/story/60426#nw69
Wednesday, July 18, 2012

UNIVERSITY PARK, Pa. — Ownership of the land in Pennsylvania counties with the most Marcellus Shale natural-gas drilling activity is concentrated among relatively few residents and people living outside the counties, according to a study by researchers in Penn State’s College of Agricultural Sciences.

The majority of residents in these counties together own little of the total land area and, therefore, have relatively little “voice” in the critical leasing decisions that affect whether and how Marcellus Shale drilling will occur in the counties, noted the lead investigator Timothy Kelsey, professor of agricultural economics.

Together, half of the resident landowners in these counties control only about 1 percent of the land area, and renters have no “voice” at all, the study suggests. Rather it is the top 10 percent of resident landowners, plus outside landowners (both public and private), who are able to make the major leasing decisions that affect communities.

“In some counties, such as Sullivan, Tioga and Lycoming, nonresidents have more voice about what occurs than do county residents, because more than half of the land is owned by those outside the county,” Kelsey said.

“Our analysis indicates that a majority of lease and royalty income from Marcellus Shale development will go to a relatively small share of the resident population in these counties, with much of the remainder going to others outside the counties.”

The study, “Marcellus Shale: Land Ownership, Local Voice, and the Distribution of Lease and Royalty Dollars,” was done by Penn State’s Center For Economic and Community Development, which is housed in the College of the Agricultural Sciences.

Co-authored by Alex Metcalf, a post-doctoral scholar in forest resources, and Rodrigo Salcedo, a doctoral candidate in agricultural, environmental, and regional economics, the research was entirely funded by the University.

Penn State researchers felt it was important to look at the ownership of the land within 11 Pennsylvania counties with Marcellus natural-gas development activity because land ownership determines who has a voice in decisions about the activity and for the distribution of lease and royalty dollars, Kelsey explained.

“Much of the public debate about Marcellus Shale development revolves around differing views of fairness and equity,” he said. “These discussions often focus on the environmental, health, and other risks, the proper role for local government regulation and oversight of industry activities, and the ability of individual owners to use their resources as they believe is appropriate.”

The study was not intended to evaluate or make judgments about Act 13 of 2012 — the state law that allows counties to decide whether to allow Marcellus drilling and to impose an impact fee on wells — or the current distribution of control and income, Kelsey stressed.

“Rather, we believe that understanding land-ownership patterns helps to clarify the economic implications of Marcellus Shale development and the context for the concerns some are expressing about the need for more local government control over that development.” he said.

To examine likely mineral-rights ownership, researchers collected publicly available geographic information system, or GIS, landownership data from 11 county planning offices. Counties included in the study are Bradford, Butler, Clearfield, Fayette, Greene, Lycoming, Sullivan, Tioga, Washington, Westmoreland and Wyoming.

The 11 counties include nine of the top 10 Marcellus counties in Pennsylvania; the sole missing top-10 county was Susquehanna, for which GIS information was unavailable. Together, the 11 counties account for 79 percent of all Pennsylvania Marcellus wells through 2011.

Because surface land owners in Pennsylvania do not necessarily own the mineral rights under their land, and because up to a fifth of the land in the counties in question is publicly owned (state forest and state game lands), researchers supplemented the GIS data with U.S. Census data, mailing address records and physical inspections of property records.

The county resident land ownership included a mix of individuals, families, local businesses, farmers, hunting camps, land trusts and others.

Kelsey said the research is important because it documents that many of the residents in the counties with much drilling activity don’t have a voice in Marcellus development, despite having to deal with considerable disruption and change in their communities.

“They are encountering rising rents and housing prices, housing shortages, significant increases in traffic and road congestion, changing demands for local government services, increased conflict, concerns about environmental consequences, student turnover in public schools, and changes in the landscape,” he said.

“The decisions by nonresident owners and by the relatively small share of residents who own the majority of land thus can have profound implications for the quality of life for everyone else in the  community.”

Frackers Fund University Research That Proves Their Case

Pennsylvania remains the largest U.S. state without a tax on natural gas production, thanks in part to a study released under the banner of the Pennsylvania State University.

The 2009 report predicted drillers would shun Pennsylvania if new taxes were imposed, and lawmakers cited it the following year when they rejected a 5 percent tax proposed by then- Governor Ed Rendell.

“As an advocacy tool, it worked,” Michael Wood, research director with the non-profit Pennsylvania Budget and Policy Center in Harrisburg, Pennsylvania, said in an interview. “If people wanted to find a reason to vote against having the industry taxed in that way, that gave them reason to do it.”

What the study didn’t do was note that it was sponsored by gas drillers and led by an economist, now at the University of Wyoming, with a history of producing industry-friendly research on economic and energy issues. The researcher, Tim Considine, said his analysis was sound and not biased by industry funding.

As the U.S. enjoys a natural-gas boom from a process called hydraulic fracturing, or fracking, producers are taking a page from the tobacco industry playbook: funding research at established universities that arrives at conclusions that counter concerns raised by critics.
Read more

Commission suspends water withdrawals on low river levels

The Susquehanna River Basin Commission on Monday expanded the list of suspended water withdrawals from 37 to 64, affecting natural gas exploration companies, golf courses and other businesses with permits to take water from rivers or streams.

Low river and stream levels in the watershed triggered the suspensions.

Under SRBC regulations, when streams drop to predetermined protected low-flow levels, operators who are required to meet the agency’s passby requirement must stop taking water until streams recover, which typically happens after a return to normal rainfall.

The suspension is not a ban on water withdrawals, said commission spokeswoman Susan Obleski. Water-related activities will continue, even among some companies on the suspension list. Obleski said often a company will have several withdrawal permits for different locations on a stream or river. This is particularly common among natural gas companies. Also, withdrawals of less than 100,000 gallons per day that are not associated with natural gas development are not subject to commission regulation.

A total of 33 companies in 14 counties are affected by the suspension, including Lackawanna, Luzerne, Susquehanna and Wyoming counties.

According to the National Weather Service, rainfall from June 1 to July 15 was 2.5 inches below normal.

citizensvoice.com/news/business/commission-suspends-water-withdrawals-on-low-river-levels-1.1344369

By David Falchek (Staff Writer)
dfalchek@timesshamrock.com
Published: July 17, 2012

The Need to Work as a Community

The Need to Work as a Community
by Mr. Brian Oram, Professional Geologist
The Water Research Center and B.F. Environmental Consultants Inc.

I am not an insider in the natural gas development process, but I am a citizen and professional geologist from Pennsylvania.  I grew-up  in Wilkes-Barre, Pennsylvania in the middle of the largest Anthracite Coal Fields in the World and became exposed to environmental issues while playing and living on abandon coal mine lands and near acid impacted streams.  After attending Wilkes University and Pennsylvania State University, I worked as an environmental consultant and then ran a research laboratory at Wilkes University.   After 23 years of running and conducting research, I decided to concentrate on my private consulting practice and other public education programs through B.F. Environmental Consultants Inc. and the Water Research Center.  For the record, I have no master service agreements with any natural gas company and the views posted here are mine.

The phrase “Working as a Community” comes out of my talk titled “Getting the Waters Tested- The Marcellus Shale Factor”.  The development of the Marcellus and Utica Shale has brought to the surface a little known fact that up to 50 % of private well owners are drinking water that would not meet one or more drinking water standards and the existing private wells are improperly placed and poorly constructed.   These pre-existing problems include corrosive and aggressive water, iron, manganese, bacteria, arsenic, salt, saline water, barium, strontium, some organic compounds, radon, and yes Methane Gas.   This fact,   in combination, with inadequate baseline testing has resulted in a significant amount of confusion, misinformation, and un-needed delays to meet the needs of a private well owner.  We need to start working together to move forward as a community.  To start working as a community, I am recommending the following path:

1. Join the Pennsylvania Forum for Private Well Owners (It is not about shale or energy-it is about groundwater quality)- Part of the solution – must include fixing private wells.
http://www.facebook.com/groups/244338025659838/

2. If you have baseline testing data, submit the data to the Citizens Groundwater and Surfacewater Database or if you do not know what the data means you can ask for help –Assistance is Free.
http://www.water-research.net/privatewellPA.htm

3. Participate in the Private Well Owner and Watershed Survey for Pennsylvania- (Another Free Program)
http://www.surveymonkey.com/s/NMG6RQ3

4. Host a local Community Workshop and Education Session for Private Well Owners and for Royalty Owners and Watershed Groups it may be worth helping to Develop a Local Watershed Monitoring Program.
http://www.bfenvironmental.com/natural-gas-exploration.php

5. Get the facts – A well by well review of the data from Dimock, PA – A NO Spin Zone – Fact based Reviews Only.
Dimock

This is a positive step in the Right Direction.  It is time to start working together.   It is time to get educated, informed, and start working together.  Free information can be found on any of our portals and all of work is funded by us.    For a free booklet on drinking water quality for private well owners – visit our webportal and download a free copy of the 2009 booklet.  We are anticipating a new booklet will be available in a few months.

Thanks for your time,

Brian Oram, PG
Citizen of Pennsylvania
bfenviro@ptd.net

Pennsylvania Landowners Settle Groundwater Contamination Suit Against Chesapeake Energy Corp.

Allen Stewart, P.C. attorneys celebrate $1.6 Million settlement for landowners harmed by oil and gas drilling.

DALLAS, Jun 25, 2012 (BUSINESS WIRE) — Attorneys with Allen Stewart, P.C. announced today that a group of Pennsylvania landowners represented by the Dallas-based law firm have settled their claims against oil and gas giant Chesapeake Energy Corporation for $1.6 million. The settlement was reached immediately after attorneys with Allen Stewart, P.C., who acted as lead trial counsel, presented the plaintiffs’ case to the arbitration panel and before Chesapeake Energy called any witnesses–a testament to the strength of the plaintiffs’ claims. The landowners were also represented by attorneys with Pennsylvania-based law firms O’Malley & Langan, P.C.; Goldberg, Persky & White, P.C.; and Florida based The Romano Law Firm.

The plaintiffs are three families who live on Paradise Road in the small town of Wyalusing in northern Pennsylvania. Gas extraction and drilling activities by Oklahoma-based Chesapeake Energy and affiliated companies contaminated the property and groundwater of these Bradford County residents with excess methane levels that required one family to evacuate their home for 2 weeks.

Before Chesapeake Energy began drilling in 2009, the plaintiffs’ water showed no signs of pollution. By the summer of 2010, however, the plaintiffs experienced sudden changes in their ground water quality. At the same time, Chesapeake Energy’s wells located near the plaintiffs’ properties were leaking gas because the wells had been poorly cemented. Pennsylvania Department of Environmental Protection investigated and determined that Chesapeake Energy’s gas wells were responsible for the methane in the plaintiffs’ water.

“These landowners signed oil and gas leases under assurances that gas drilling would never be close enough to affect their properties. These assurances proved false and Chesapeake’s inadequate design and maintenance of the gas wells allowed methane to pollute the plaintiffs’ underground water supply,” said Allen Stewart, who represents the landowners.

Allen Stewart, P.C. has been a leading force in obtaining justice for landowners harmed by poorly designed and maintained gas extraction wells. Landowners who know or suspect that their own water supply or property has been contaminated are encouraged to contact the attorneys at Allen Stewart, P.C. to learn more about their legal rights.

press release
June 25, 2012, 10:43 a.m. EDT
SOURCE: Allen Stewart, P.C.
www.marketwatch.com/story/pennsylvania-landowners-settle-groundwater-contamination-suit-against-chesapeake-energy-corp-2012-06-25