Chieftain Sand & Proppant Operation in Wisconsin

Facility Description: Piranha Proppant LLC, located at US Highway 53 and County Highway SS, Dovre Township, Barron County, Wisconsin, FID 603107010

SUBMITTED application, including plans and specifications for the construction of a sand dryer and a rail loadout and the operation of a dry sand processing plant.

Air pollution control construction permit no. 18-POY-007

Air pollution control operation permit no. 603107010-F01

Application Review.

DNR has made a preliminary determination that the application meets state and federal air pollution control requirements and that the permit should be approved.

You can review the permit application, the DNR’s analysis and draft permit prepared by the DNR at the Department of Natural Resources Bureau of Air Management Headquarters, Seventh Floor, 101 South Webster Street, Madison, Wisconsin, 53703; and at West Central Region Headquarters, 1300 W. Clairemont Avenue, Eau Claire, WI 54701; This information is also available for downloading from the Internet at:

http://dnr.wi.gov/topic/AirPermits/Search.html

For questions on the permit application, the DNR’s analysis and the draft permit prepared by the DNR, or to make arrangements to review the documents at a DNR office, please contact Paul Yeung at (608) 266-0672 or by e-mail at paul.yeung@wisconsin.gov

The department has made the determination under ch. NR 150, Wis. Adm. Code, that this type of proposal normally does not have the potential to cause significant adverse environmental or secondary effects. This is a preliminary determination and does not constitute a final approval from the Air Management

DNR published a public notice on June 30, 2018. On June 27, 2018, DNR e-mailed the public notice to the interested parties who have requested to receive the public notices via e-mail, with the information that the public notice would be published on June 30, 2018. DNR received a request on June 28, 2018 for a public hearing for the project.

NOTICE IS HEREBY GIVEN that, pursuant to ss. 285.13(1), 285.61(7), and 285.62(5) Wis. Stats., DNR will hold a public hearing to receive public comments on the air pollution control permit application for the proposed project.

NOTICE IS FURTHER GIVEN that the public hearing will be held:

Monday, July 30, 2018 at 6:00 PM
Chetek City Hall Chamber
220 Stout Street,
Chetek, Wisconsin 54728

All comments received by the DNR at the public hearing, and during the public comment period will be considered prior to making a final decision regarding the proposed project. The comment period ends July 30, 2018.

After the public hearing and the close of the public comment period, a final decision will be made on whether to issue or deny the air pollution control permit. Information on the public commenting and hearing process is available at

http://dnr.wi.gov/topic/AirPermits/Process.html

Reasonable accommodation, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request.

STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
For the Secretary By /s/ Susan Lindem
Environmental Engineer Supervisor

>>>>>>>>>>>>>>>>>>>>>>>>>>>

NOTE: It is critical there be a good representation of the public at this meeting. If you feel you can’t comment on the permit, you can raise questions. I learned a great deal at the SSS permit hearing this past week. Only 2 citizens (one representing Sierra Club and I) were present.

Mark your calendar for: Monday, July 30, 2018 at 6:00 p.m. at the
Chetek City Hall Chamber and/or submit comments by mail or email.

>>> Patricia Popple, 715-723-6398, sunnyday5@charter.net

Editor of the Frac Sand Sentinel, a newsletter highlighting resource links, news media accounts, blog posts, correspondence, observations and opinions gathered regarding local actions on, and impacts of, the developing frac sand mining and processing industries.

CHECK OUT THE WEBSITE: CCC-WIS.COM and CLICK HERE for panoramic views of frac sand mines, processing plants, and trans-load facilities.

PM-2.5 and smaller are extremely dangerous

From an Article by Robert Ferris, CNBC, September 21, 2017

Add kidney disease to the list of health problems associated with air pollution.

A team of scientists from Washington University in St. Louis and the Veterans Affairs St. Louis Health Care System found an association between tiny particulate matter and kidney disease in two different data sets.

The scientists compared Veteran Affairs data on kidney disease with data on air pollution from two separate sets: satellite data from NASA and information from the Environmental Protection Agency.

Their study consistently found that risk of kidney disease rose along with air pollution levels across the continental United States.

As might be expected, many of the areas of the U.S. at greatest risk tend to be more heavily populated. The part of the country with the lowest risk overall is a section that runs roughly from Montana through West Texas. There are pockets of lower-risk areas in other places, but much of California and the Eastern half of the United States are more vulnerable.

The scientists published their results in the Journal of the American Society of Nephrology.

It is important to note that this only found an association with air pollution — the study did not conclusively determine pollution to be the cause of kidney disease.

But the fact that the study found the association in both the EPA data set and the NASA data set is compelling, said Dr. Ziyad Al-Aly, a senior author on the study and an assistant professor of medicine at Washington University, in a statement.

“The beauty of using both EPA and NASA data is that the agencies used two distinct techniques for collecting data, yet the results were similar,” he said. “This constellation of findings suggests that chronic exposure to air pollution is a significant risk factor for the development and progression of kidney disease.”

The study focused on a type of pollution called PM 2.5, which is particulate matter up to 2.5 microns in size. This particular form of pollution can come from myriad sources, including vehicle emissions, fossil fuel power plants, wildfires or even campfires.

Scientists say the particles can enter the bloodstream once they are breathed into the lungs.

Air pollution has been linked to health problems as varied as cardiovascular disease, diabetes and weight gain. The study’s authors say that one of those conditions could be responsible for kidney damage, rather than the pollution itself.

They also noted that the population they studied was mostly older white male military veterans, so the results might not apply to other populations. The scientists tried to account for confounding factors, but there could still be additional variables, such as diet or genetics, or even other environmental factors such as exposure to heavy metals.

But the data show a clear association.

“In our analyses, the risk of chronic kidney disease and its progression was most pronounced at the highest levels of fine particulate matter concentration,” Al-Aly said in the release. “This suggests further study is needed for a broader assessment of the global burden of kidney disease attributable to air pollution.”

Air quality has improved in the United States in recent decades, but Al-Aly pointed out that there is no safe level of exposure to PM 2.5; even low levels can increase risk.

Other parts of the world have serious problems with hazes of pollution. China has even had to essentially shut down entire cities for days at a time. Just breathing Beijing’s air might be as bad as smoking 40 cigarettes a day.

Coalition Responds to Fracking Health Effects

Research center releases report on proximity of fracking operations to vulnerable population, new coalition launched

From an Article by  Elizabeth Baumeister, Scranton Times – Leader, October 20, 2015

SCRANTON — In response to a report released Tuesday morning highlighting the proximity of fracking operations to children, the elderly and the sick, several health organizations launched a coalition, Pennsylvania Heath Professionals for a Livable Future.

Among those represented in the group are the Alliance of Nurses for Healthy Environments, PennEnvironment, Physicians for Social Responsibility, SEIU Healthcare and Southwest Pennsylvania Environmental Health Project.

Speakers at a ceremony announcing the organization included Barbara Arrindell, director, Damascus Citizens; Deb Bronn, RN, director, Nurse Alliance of SEIU Healthcare; Zoe Cina-Sklar, campaign organizer, PennEnvironment Research and Policy Center; and Dr. April Niver, economic development coordinator for U.S. Rep Matt Cartwright.

Cina-Sklar explained the report, titled “Dangerous and Close,” uses data from the Pennsylvania Department of Environmental Protection (DEP) and other state agencies to “demonstrate the proximity of fracking operations and associated infrastructure to Pennsylvania’s most vulnerable populations: children, the elderly and the sick.”

“Pennsylvania’s children shouldn’t live, learn and play in the shadow of dangerous fracking,” she said. “We must take basic steps to protect our kids and other vulnerable populations from the health impacts of fracking and advocate on their behalf, in a political system that often favors fracking companies over the health of ordinary Pennsylvanians.”

“Dangerous and Close” reveals there are 166 schools and 165 childcare providers, 21 nursing care providers and six hospitals within one mile of permitted fracking well sites.

The opening paragraph of the report’s executive summary reads, “Using the extraction process known as hydraulic fracturing, gas companies are drilling near our communities, polluting our air and water and risking the health of our children and other vulnerable populations. ‘’

Blowouts, fires and explosions can occur at well sites and drilling and extraction can contaminate our air and water, putting the health and well-being of nearby citizens at risk. This is particularly true for Pennsylvania’s most vulnerable residents: infants, school children, the elderly and those with weakened immune systems.”

The PennEnvironment report summary goes on to list two pages of statistics and other findings, some of which are as follows:

• About 53,000 children under the age of 10 and 41,000 senior citizens age 75 and older live within one mile of permitted fracking well sites in the state.

• 52 schools, 51 child care providers, two nursing care facilities and two hospitals are located within one mile of natural gas compressor stations in Pennsylvania.

• Between 2001 and March 2015, the DEP recorded nearly 5,200 public safety and environmental violations at fracking sites, many of which were in close proximity to those vulnerable populations.

• The gas industry projects drilling on 60,000 shale gas wells by 2030.

The report calls for the protection of “the Commonwealth’s children, elderly and sick” by way of a state moratorium on additional fracking operations, at least until several measures, listed as follows, are in place.

• A minimum setback requirement of one mile for all fracking operations and associated infrastructure relative to schools, child care providers, hospitals and nursing care facilities.

• A ban on the use of fracking waste pits and toxic chemicals in fracking fluid.

• An increase of sanctions on oil and gas companies for violations committed near the “vulnerable populations.”

• Increased enforcement, including regular inspections and mandatory penalties, to ensure drillers are following regulations set to protect the public.

The full report can be accessed online at bit.ly/1OGNdh8.

See also: www.FrackCheckWV.net

WV-Style Rough Road

A Real World Account of What it Means to be a Victim of the U.S. Fracking Boom

From an Article by Annie Leadingham-Seay, On-The-Road, May 17, 2015

What would you do if you bought your perfect home: acreage, creeks, waterfalls, home office, studio, gardens and orchards, gourmet kitchen and solitude; then your neighbors decided to lease their minerals to the oil and gas industry turning your entire neighborhood into an industrial zone? A place where roads crumbled and eroded under the weight of big rigs every day and your car suffers hundreds of dollars of suspension damage every six weeks. The hills you watched come alive each spring with wildflowers; honeybees and small waterfalls were sheered off and flattened to create roads for larger scale trucks and new industrial zones. Where your lifestyle was not only disrupted but also turned upside down with the onslaught of the oil and gas industry surrounding your property.

If a state’s minimum environmental regulation for the oil and gas industry is measured by the federal government, the system’s been rigged since the 70’s and more recently, 2005, thanks to the Energy Policy Act. If you happen to own property in West Virginia where the general consensus is that there are too many environmental regulations for big business, then you might want to take the time to understand just how these policies, or more accurately, exemptions, will affect your livelihood should pipelines and frack pads come to your area. And so it was, with little academic experience in the art of studying law, my friends and I scoured state bills, federal laws, real estate laws to build armor in the frack fight for our right to the pursuit of happiness.

Not a single one of us ever wanted to know what we now know, but life is funny that way. One day you’re blissfully tending to your gardens, working your job and in some cases enjoying retirement, the next day bulldozers and heavy trucks running 24/7 move in altering the landscape of sight and sound in an instant. At that moment, you realize, life on your property will never be the same because your neighbors sold out their pipeline access and mineral leases. Their actions have now lowered your property values, quality of life, health, and well-being.

Eight months ago I left the West Virginia battlefields of Frackistan after a long arduous battle that culminated in a deal with the very industry I was fighting against. It wasn’t what I had planned particularly since the remodel of my then dream home was completed only a year before. We had moved to the back hollers of West Virginia 10 years ago, leaving behind drought stricken California for a new life with 95 acres and an abundance of artesian spring water. Prior to the move to West Virginia, we spent five years planning and researching zoning rules that would enable us to build a straw bale workshop and test other sustainable theories including thermal mass for season extension of food crops, local food initiatives, renewable energy and micro hydro. Unfortunately, with our focus on sustainability and ample water we failed to do our own due diligence on the sociopolitical history of West Virginia.

The onslaught of fracking trucks create crumbling infrastructure, as shown in the photo above from the Doddridge County Watershed Association.

As each mineral owning neighbor leased to oil and gas companies, well pads were permitted. With each new well pad or pipeline, brought complete destruction of simple infrastructure: roads, phone lines, electrical interruptions, as well as quality of life issues. Sharing the small country roads with a variety of oversized commercial trucks meant putting your own life in danger simply driving anywhere.

Since the roads in rural areas were never built for this kind of traffic, the issues were sweeping: roads not wide enough for truck and car to pass safely; oil and gas industry employees routinely driving on the wrong side of the road, in a blind curve with a 20 foot or more drop over the side and no guard rail. It is remarkable that more citizens have not perished in the process; many were not so lucky.

With the onslaught of pre-fracking issues in what was once a sleepy area, dinner parties became a hot bed for legal discussions. Attendees were not lawyers, nor did we have any intention of becoming one but all came to the table armed with the latest policy revelation. No one truly grasps the need for understanding policy until one’s own property comes under attack. And nothing is more shocking to realize the fact that the policies in place are not to protect the private citizen’s right to the pursuit of happiness but to the right of a wildcatter extracting the minerals that lay beneath one’s private property.

>>> There is much more to this article, as can be seen here.

NOTE: This article appeared in The Forum, a print only newspaper for the St. Johns University School of Law. You can also find it as a Sustainicus blog entry here.

WV Wells: www.FracTracker.org

AP Exclusive: Fracking Boom Responsible for 175 Million Gallons of Toxic Wastewater Spilled Since 2009

From an Article by Lauren McCauley, EcoWatch.com. September 9, 2015

Among the litany of risks posed by the continued extraction and use of fossil fuels, an Associated Press analysis published Tuesday exposes yet another harmful side effect of the oil and gas drilling boom: an uptick in toxic wastewater spills.

According to data obtained from leading oil- and gas-producing states, “more than 175 million gallons of wastewater spilled from 2009 to 2014 in incidents involving ruptured pipes, overflowing storage tanks and other mishaps or even deliberate dumping,” Associated Press reports, tainting agricultural land, poisoning drinking water and sparking the mass die-off of plant and animal life.

Most of the incidents involved the spill of fracking wastewater, which is a combination of underground brine mixed with a slurry of undisclosed chemicals. As the story notes, “A big reason why there are so many spills is the sheer volume of wastewater” produced, which according an organization of state groundwater agencies, amounts to roughly 10 barrels for every barrel of oil or more than 840 billion gallons a year.

The report details a sampling of incidents, which help illustrate the scope of the problem. In one instance, a roughly 1 million gallon spill in North Dakota in 2006 caused a “massive die-off of fish, turtles and plants in the Yellowstone River and a tributary.” In another case, a decades-long seepage of toxic brine onto Montana’s Fort Peck Indian Reservation polluted a river, private wells and the municipal water system, making the water “undrinkable.”

What’s more, the amount of toxic byproduct spilled along ranch land, streams and forests has grown each year since the so-called fracking boom began.

“In 2009, there were 2,470 reported spills in the 11 states; by 2014, the total was 4,643. The amount of wastewater spilled doubled from 21.1 million gallons in 2009 to 43 million in 2013 before dipping to 33.5 million last year,” Associated Press reports.

The analysis found a total of 21,651 individual spills reported in Texas, North Dakota, California, Alaska, Colorado, New Mexico, Oklahoma, Wyoming, Kansas, Utah and Montana during that period. However, Associated Press notes that this figure is incomplete because “ninth-ranking oil producer Louisiana and second-ranking gas producer Pennsylvania” failed to provide spill data and other such incidents often go undocumented.

See also on www.EcoWatch.com:

Stop the Frack Attack National Summit Oct. 3-5

EPA Urged by Nearly 100,000 Americans to Redo Highly Controversial Fracking Study

MarkWest is taking down the hills

W.Va. shale fields fertile ground for nuisance lawsuits

From an Article by Ellen Gilmer, E & E EnergyWire, 9/9/15

Doddridge County, WV — Oil and gas workers didn’t seem to appreciate the “Go home frackers” sign in Lyndia Ervolina’s front yard here in northern West Virginia, where Marcellus Shale wells dot the landscape.

“It was so amusing. I’d watch them out the kitchen window,” Ervolina said during a recent interview at her home. “These guys would walk over and look at that sign, and then one of them would kick it. They’d knock it down on the ground and stomp on it and walk away. “And I’d walk back out there and set it up again.”

Other showdowns between industry and frustrated landowners have been more hostile, often leading to confrontations and even courtroom battles. The primary complaints: traffic, noise and odors from the area’s new natural gas wells, compressor stations and pipelines.

It’s a familiar story in shale country, where nuisance complaints from landowners have grown routine. As hydraulic fracturing and horizontal drilling open new swaths of the country to development, drillers eager to cash in on the boom are moving closer and closer to populated areas. And in the eastern United States, where homes are not as spread out as in traditional oil and gas territory like Texas, the increased friction between drillers and their neighbors can be particularly acute.

“We’ve been inundated by so much so fast,” said Doddridge County homeowner Lora Price, who lives near a natural gas processing plant and a compressor station. “Almost every road, every hollow has something going on. It doesn’t seem to matter where you go; you’re going to see a pipeline or a compressor station or a well pad.”

In 2013 and 2014, more than 200 north-central West Virginia residents decided they’d had enough. Scores of lawsuits were filed against Antero Resources Corp. and Hall Drilling LLC, saying the inconveniences that come with nearby oil and gas production have made it impossible for the residents to even enjoy their homes.

“The number is rather remarkable,” said West Virginia University College of Law’s Josh Fershée, referring to the sheer volume of lawsuits.

Ervolina and Price, who are both plaintiffs, said they could not discuss details of the ongoing litigation but could describe the everyday impacts of shale development on their lives. ”Basically, we’re going through a process where people are starting to evacuate this area,” said Ervolina, a West Virginia native who has lived with husband Anthony in their house for 35 years. “A lot of people are just starting to leave because it’s just a mess.”

Mass litigation panel for better or worse

The lawsuits against Colorado-based Antero and Hall, a local company, have now been rolled into one mega-case before the state’s Mass Litigation Panel, a group of seven circuit court judges who streamline proceedings for related complaints.

Antero and Hall fought hard against the consolidation, fearing a one-size-fits-all decision affecting disparate cases, each with unique circumstances. But the panel pushed on, aiming to establish a “uniform body of law.” That way, landowners and industry can have a clear understanding of their rights once the case is resolved, instead of having multiple threads of litigation drag out on appeal for years.

The approach raises the stakes for industry. While any single nuisance lawsuit would be shrugged off as relatively minor for an oil and gas company, a decision for the plaintiffs in mass litigation could result in a tougher penalty for Antero and Hall across the board.

Antero is also facing a compliance order from U.S. EPA for improperly discharging fill material into wetlands and streams in West Virginia and was cited by state regulators for drilling a horizontal well that hit an existing vertical well and caused a methane leak. In all, the company had at least 27 reported spills in the state in 2014.

While Antero declined to comment for this story, the company has acknowledged in financial filings that it is facing lawsuits in West Virginia, Ohio, Pennsylvania and Colorado from plaintiffs who have alleged various damages from oil and gas activities.

“The plaintiffs have requested unspecified damages and other injunctive or equitable relief,” Antero’s most recent quarterly report says. “The Company denies any such allegations and intends to vigorously defend itself against these actions.”

Beyond the direct impacts on drillers involved in the big case, a win for plaintiffs would resonate throughout West Virginia — sending a message to other producers to minimize impacts on neighbors or else face the kind of uprising staged by the mass litigation plaintiffs.

But for now, the litigation’s path forward is unclear. Neither side indicated any plans for settlement after a mediation hearing late last month, and those involved in the case are keeping quiet about the proceedings.

Unreasonable interference with enjoyment & use of one’s property

Outside experts, meanwhile, are watching the case closely. They say any new precedent for nuisance law in West Virginia would also raise eyebrows in other parts of the country, where various jurisdictions are attempting to define exactly how much inconvenience from drilling is too much.

The traditional legal test for a nuisance claim stems from common law: Does an action unreasonably interfere with the enjoyment and use of one’s property? The interpretation of “unreasonably” can vary dramatically depending on the jurisdiction and circumstances, with some judges and juries excusing alleged nuisance activity when the defendant has at least made an effort to be unintrusive.

In the oil and gas context, plaintiffs generally have a tough time demonstrating that any nuisance they have experienced warrants enough in monetary damages to cover the cost of going to court in the first place. In one Texas lawsuit against Chesapeake Energy Corp., for example, a jury agreed that the company’s actions were a nuisance but awarded the homeowners $20,000 — pocket change compared to the legal expenses.

In 2013, a major win for plaintiffs raised suspicion that the tide might be changing. In the landmark Parr v. Aruba case in Texas, a jury found that Bob and Lisa Parr, who say they suffered health problems from the air emissions of nearby well sites, were entitled to $3 million for the nuisance the wells created.

The verdict was the biggest known award of damages to date for a nuisance case related to shale drilling and was predicted to embolden other landowners to file their own nuisance suits (EnergyWire, July 16, 2014).

The West Virginia litigation could serve as a similar model. In the Mountain State, the legal test boils down to the same question of reasonableness, but as long as the drillers’ actions are not considered reckless, state precedent also allows a balancing of interests between the plaintiffs and defendant. In other words, the court may consider whether industry’s interest in producing natural gas outweighs residents’ interest in peace and quiet.

Price said she understands the conflicting interests, but wishes residents who support the industry would take a longer view. ”They’ve got jobs, they’ve got income. I don’t begrudge them their jobs,” she said. “It’s a shame that they can’t see the broader future. It’s mostly about ‘What kind of money can we earn right now?’”

Circumstances are ripe for debate

Josh Fershée, a law professor and associate dean for faculty research at WVU, said several factors make West Virginia ripe for the debate. First, he said in an interview, West Virginians typically do not own their mineral estate. The prevalence of split estates means that residents without a lease or a royalty check are often bearing the inconveniences of the shale boom without directly joining in the rewards.

West Virginia’s mountainous topography also creates unique traffic problems, Fershée said. ”There’s a lot of places where there’s one way in and one way out,” he said. “In other states, there are often ways that you alleviate some of that tension by building another road, which isn’t a big deal because you’re not literally moving a mountain to make that happen.”

And the state’s long history of coal mining — which has not generally spread wealth to lower classes — may have prompted residents to develop mistrust for extractive industries, Fershée said. ”In West Virginia, coal is the backbone of industrialization but not of local profit,” he said. “People may see gas as kind of the new version of that. There’s a skepticism of industry.”

But Price’s daughter, Autumn Long, who is fighting her own battle against a pipeline company that wants access to her property in nearby Harrison County, said West Virginians have not become outraged enough.

“In this state, there’s been such a long history of exploitation and repression, and the population of this state has been walked over by the fossil fuel industry for so long,” she said. “I’m always amazed to see what people will put up with. People just sit in their cars and sit in their cars and let these trucks drive past.”

Still, she said, opposition seems to be slowly building. The added local impacts of major interstate pipeline proposals, including the Atlantic Coast and Mountain Valley lines, may push some otherwise complacent residents to the edge, she said.

“Everyone has a breaking point eventually, and I think that people are being pushed to that point now,” Long said. “Unfortunately a lot of times, you don’t do anything about it until it’s in your backyard. And that’s what’s happening now: It’s in people’s backyards.”

Community tension is widespread

The tension between those supportive or tolerant of drilling and those actively fighting industry expansion is clear. Price said she’s now known as the neighborhood “troublemaker,” with at least eight neighbors employed by the oil and gas industry.

Robert McClain, who has lived on a farm in the Doddridge County community of Big Isaac since the 1940s, said his brother hasn’t spoken to him in years, due to disagreement over whether to lease mineral rights under the family property for shale drilling.

Even families in agreement on the issue are split on how to respond to it. Anthony Ervolina, who grew up in Queens, N.Y., said he’s fed up with the vibrations, the traffic and the gas fumes that fill his yard every evening, and he wants out.

The family’s carefully landscaped property, filled with bamboo stalks, lilac trees, vegetable gardens and an outdoor dining area, has fallen into disuse while the couple decides whether they should stay — an emotional decision for Lyndia.

“I absolutely love West Virginia with all my heart,” she said while looking out at her yard last week. “I don’t want to leave my home. If we all get up and leave, West Virginia is gone. But I need to leave.”

Long is conflicted, too. ”I feel like I am standing on the train track watching a train bear down on me,” she said. “Sometimes I think I must be crazy. Why am I doing this? But I have invested so much in my life and in my home, and everything I have is in this space.”

The only hope, they say, is more public outrage and organized opposition from neighbors affected by the everyday impacts of industry. The mass litigation is a start, Price said, but she’s having a hard time feeling optimistic overall. ”The majority of people who maybe are adversely affected, they’re still not speaking out,” she said. “It’s just the way it is.”

The mass litigation case is set for trial next year.

See also: www.FrackCheckWV.net

WVU researchers unveil ways to reduce environmental, health risks associated with shale gas extraction, June 26, 2014

From the 2014 Press Release, Water Research Institute, West Virginia University, June 26, 2014

A ‘new’ study by researchers at West Virginia University offers 10 recommendations for reducing the environmental and human health effects associated with horizontal drilling and the hydraulic fracturing process.

The recommendations address air, noise and light pollution; water management; and engineering flaws associated with horizontal gas well development and completion.

The study, titled “Practical measures for reducing the risk of environmental contamination in shale energy production’” is co-authored by Paul Ziemkiewicz, director of the West Virginia Water Research Institute, John Quaranta, assistant professor of environmental engineering at the Benjamin M. Statler College of Engineering and Mineral Resources and Michael McCawley, interim chair of the Department of Occupational and Environmental Health Sciences at the School of Public Health.

Gas extraction from shale gas formations has been made possible by recent advances in horizontal drilling and hydraulic fracturing technology. In the eastern United States, the Marcellus Formation gas play is one of the nation’s major natural gas reserves and in West Virginia alone, nearly 3,000 horizontal wells have been developed since 2008.

While rapid adoption of these methods has led to a surge in natural gas production in the United States, it has also increased public concern about its environmental and human health effects.

“These facilities are often located within a few hundred meters of homes and farms, many of which are supplied by shallow water wells,” explains Ziemkiewicz. “As a result, many of the public’s concerns focus on air and groundwater pollution as well as light and noise associated with horizontal drilling and well completion. This study was initiated largely due to these public concerns.”

Ziemkiewicz, along with the other researchers, conducted a thorough review of environmental literature relevant to shale gas development and examined over 15 Marcellus shale facilities in northern West Virginia. The researchers provide the following recommendations as a result of their study:

• On-site containment – Well sites should have properly constructed containment structures in the event of a well blowout or massive fluid leak.

• Blowout preventers – All wells should include blowout preventers to bring any uncontrolled fluid release under control quickly.

• Wellbore integrity – All wells should be pressure tested before hydraulic fluid injection.

• Waste transportation plans –The planned disposal of liquid and solid waste should be a required and enforceable component of the well’s permit.

• Solid waste characterization – Additional studies on the solid wastes from hydraulic fracturing are needed in order to identify inorganic, organic and radioactive contaminants.

• Pits and impoundments – Better training is needed for regulatory and industry field inspectors to significantly improve the design and construction of storage pits and impoundments for liquid waste.

• Air monitors and sound meters – Installation of air monitors and sound meters at sensitive locations and connect to a central monitoring station.

• Noise reduction – Route traffic away from residences (where possible), use better wetting agents to reduce peak dust exposures, and stage traffic to reduce both diesel exhaust concentrations and noise.

• Characterization of the source of airborne contaminants – Further research is needed to identify the source of airborne contaminants found at horizontal drilling operations in order to effectively manage emissions.

• Performance based standards – Require placement of continuous monitoring instruments near sensitive locations for feedback and process control at drill sites for air, light and noise.

While the study identified several problem areas that need to be addressed, Quaranta is quick to point out that the industry and regulatory agencies are already incorporating some of their recommendations.

“We’re seeing more inspection guidelines, more training opportunities for regulatory personnel and industry field inspectors, and better emergency management protocols are being put in place,” said Quaranta. “Our recommendations are already having an impact.”

The study was also recently accepted for publication in the Royal Society of Chemistry’s Journal of Environmental Science: Processes and Impacts. The study is currently available online and will be included as part of the journal’s special collection on the topic of hydraulic fracturing for the upcoming July issue. Located in the United Kingdom, the Royal Society of Chemistry is the United Kingdom’s professional body for chemistry and the world’s leading chemistry community.

“Hydraulic fracturing is either currently being used or planned for use around the United States and in a number of other countries to increase the production of natural gas,” explains McCawley. “We wanted to share our findings with not only the people of West Virginia, but also within a broader community of scientists through this current publication with hopes that there will be further discussion of the ideas we present as well as possible suggestions for alternative strategies.”

In 2012, WVU introduced its “Mountains of Excellence” for strategic investment in research areas where potential for growth and substantial return on investment makes sense. One of the initial areas of focus is utilizing shale gas responsibly.

The West Virginia Water Research Institute has been in existence since 1967 and has served as a statewide vehicle for performing research related to water issues. The Institute is the premier water research center in West Virginia and, within selected fields, an international leader.

Reference: Paul Ziemkiewicz, John D. Quaranta and Michael McCawley, Environ. Sci.: Processes & Impacts, 2014,16, 1692-1699, DOI: 10.1039/C3EM00510K, Received 04 Oct 2013, Accepted 03 Apr 2014. First published online 03 Apr 2014.

See also: www.FrackCheckWV.net

Air pollution increases risk of dementia

From an Article by Laura Donnelly, April 23, 2015

A study of more than 900 adults found that those living near major roads suffered cerebral shrinkage, ageing their brains by the equivalent of one year, and increasing their dementia risk. The new research suggests long term exposure to air-borne pollutants can cause damage to brain structures and impair thinking and memory in middle-aged and older adults.

Those living near main roads had smaller brains, and “covert brain infarcts”, a type of “silent” stroke, which results from a blockage in the blood vessels supplying the brain. Researchers looked at how far patients aged over 60 who did not have a stroke or dementia lived from major roads. They then used satellite images to assess prolonged exposure to air pollution.

Dr Elissa Wilker, a researcher in the Cardiovascular Epidemiology Research Unit at Beth Israel Deaconess Medical Centre, said: Our findings suggest that air pollution is associated with insidious effects on structural brain ageing, even in dementia and stroke-free individuals.”

The evaluation included total cerebral brain volume, which is a marker of atrophy of the brain, hippocampal volume, which reflect changes in the area of the brain that controls memory; white matter hyperintensity volume, which can be used as a measure of pathology and ageing; and covert brain infarcts.

The study, published in the journal Stroke, found that small increases in air pollution – an increase of only two microgram per cubic meter of air, to levels commonly found in cities, was sufficient to increase the risks. Dr Wilker said the mechanisms were unclear, but that it might be that the body suffered inflammation as a result of the deposit of fine particles in the lungs.

Professor of Neurology Dr Sudha Seshadri at Boston University School of Medicine said: “On average participants who lived in more polluted areas had the brain volume of someone a year older than participants who lived in less polluted areas. “They also had a 46 per cent higher risk of silent strokes. This is concerning since we know that silent strokes increase the risk of overt strokes and of developing dementia, walking problems and depression.”

Last year researchers suggested that commuters could cut their air pollution intake in half simply by using the side streets in major cities rather than main roads. Dr Rossa Brugha, a paediatrician and pollution researcher at Queen Mary, University of London, said walkers can make small adjustments to their route which could have major benefits on their health. 

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Above study also reported here::

Long-Term Exposure to Air Pollution May Pose Risk to Brain Structure, Cognitive Functions

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Group Against Smog & Pollution, Public Meeting, April 30, 2015

Making the Connection: Air Pollution and Heart Health

Air pollution can affect heart health and trigger heart attacks and strokes that cause disability and death. One in three Americans has heart or blood vessel disease and is at higher risk from air pollution. Not only does air pollution exacerbate existing heart problems, but it may also play a role in the development of heart disease in otherwise healthy people. On April 30, join GASP and leading medical professionals as they explore this connection further.

Keynote speaker Wayne Cascio, MD and Director of EPA’s Environmental Public Health Division, has spent more than 25 years as a cardiologist helping people take care of their hearts. Now he is bringing a broader view of public health to EPA by leading research on the links between exposures to air pollution and maintaining a healthy heart.

Program is set for April 30, 2015. Time: 5-8 p.m.  
Networking, food, and drinks start at 5 p.m.; program begins promptly at 6 p.m. at the Allegheny General Hospital Magovern Conference Center, 320 East North Avenue, Pittsburgh, PA 15212
 
This event is free and open to the public. Please register here. Continuing Medical Education Credits are available. This event is jointly provided by the Group Against Smog & Pollution and Allegheny General Hospital.

Merry FRACKmas from EQT

From the Article by Dory Hippauf, December 12, 2014

Union Township, Washington County, Pennsylvania. Population 5,600. It was the kind of place that some people might have dreamed of raising their children; the kind of place where a photo of a winter’s eve, with snow covered hills might have graced someone’s Christmas card.

For Gary Baumgardner and his wife, Union Township was that kind of place, until EQT moved in and began drilling. Quiet nights have been replaced with the sounds of fracking. The fresh air replaced with plumes of smoke and sulfuric odors.

Nine months ago, the Baumgardners celebrated the birth of their first grandchild, a little girl. The first Christmas with a first grandchild is a very special occasion. The Baumgardner family had a tradition of hosting Christmas dinner in their home surrounded by family and friends.

This year the tradition will be broken. Their nine-month old granddaughter is not permitted to be near active drilling sites per doctor’s orders, and there is an active EQT drill site next door. A number of times, Baumgardner and other residents had complained about noise and odors emanating from EQT’s well site, located on property owned by Trax Farm.

In December of 2013, the Pennsylvania Supreme Court declared unconstitutional parts of Act 13, which limited local zoning control in favor of a statewide standard guiding where natural gas wells could be drilled. Georgann and Gary Baumgardner had seen the ruling as a turning point in their struggle against EQT Corp., which began drilling in early November on nearby Trax Farm in Washington County, just over the Allegheny County line. The process has been wafting diesel fumes, noise and vibrations into their home — and seems to be consuming their lives.

One day, their bedroom air monitor flashed orange and the odor drove the family out of their Cardox Road house for hours. Another day, their daughter Rachel Cecchini, then eight months pregnant, moved out of the house next door and into a rental home several miles away — abandoning the painted nursery and her 93-year-old grandfather.

EQT has built sound walls, put residents up in hotels and offered cash settlements, while Union Township has debated the merits of residents’ complaints and the company’s efforts to address them at many public meetings since drilling began.

EQT claimed they were also frustrated and were attempting to resolve the problem. “This is not a blip on our radar,” said Linda Robertson, manager of media relations with EQT. “We have spent a lot of time and energy, and I think there are some people who have understood the attempts we’ve made.”

Ringle – Ringle, Coins when they Mingle

EQT did resolve some of the problems. EQT’s approach was not to change or improve their activities and thus stop the noise, dust, light, smoke, odors, fumes, soot or other air pollution, vibrations, and/or adverse impacts, but rather to throw money at the residents who were complaining.

EQT offered approximately 19 property owners a total of $50,000 each for signing a Noise and Nuisance Easement. (The original offer was $40,000.) In signing the Noise and Nuisance Easement, these property owners granted EQT easements for noise, dust, light, smoke, odors, fumes, soot or other air pollution, vibrations, adverse impacts or other conditions or nuisances which may emanate from EQT activities.

Additionally , the property owners gave away their rights to file any claims against EQT, agreed to being gagged. The Noise and Nuisance Easement is attached to the property forever, no matter who may own it in the future.

Baumgardner said he had attorneys review the Noise and Nuisance Easement offer and decided not to sign for fear of having his freedom of speech suppressed.

Silent Night?

At a Union Township Supervisors Meeting on December 8, 2014, Baumgardner inquired about EQT’s fracking plans for Christmas.

Would EQT stop fracking operations for Christmas?  No.

Stephanie Paluda, an EQT spokeswoman who attended the meeting, said the company will most likely continue fracking operations on Christmas. She said hydraulic fracturing started Friday, and the site is an around-the-clock operation.

For the Baumgardners, their Christmas celebration will be bittersweet. The first Christmas with their first grandchild held in the family tradition has been fracked and lost forever.

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Wish EQT a Merry FRACKmas

If you, Dear Readers, would like to send a big Merry FRACKmas to EQT, contact info is below:

• EQT Facebook page
• EQT website

Corporate Headquarters: EQT eMail Contact form
EQT Corporation, EQT Plaza
625 Liberty Avenue, Suite 1700
Pittsburgh, PA 15222

Industrialization of Rural WV

WV Surface Owners’ Rights Organization Meets in Harrison County

Meeting Summary by Julie Archer and  Tom Bond, August 25, 2014

The WV Surface Owners’ Rights Organization (WV-SORO) held a membership meeting at Salem International University in Salem, WV on Saturday, August 23rd.  The purpose was to enlist new members, educate members and their guests about issues related to gas drilling and to discuss problems members face.  About 70 were present.

After an Introduction by Julie Archer, the first feature was a Panel on Pipelines.  The three presenters were Nils Nichols of the Federal Energy Regulatory Commission (FERC);  Joseph Cochran of the Division of Water and Waste Management, West Virginia Department of Environmental Protection (DEP): and Ed Wade of Wetzel County Action Group (WCAG).

Mr. Nichols is Director of the Division on Pipeline Regulation.  He said there are three recognized components of the gas production industry; (i). Production;  (ii). Transmission takes the gas from the line the producer puts it in, to the company that sells it to the customer; and (iii). Distributors take it from the large volume gas transmission company to the customer, which may be an industry, a gas-fired electrical generator or a homeowner.  FERC is mostly concerned with transmission pipelines, which are relatively large diameter lines.

The steps FERC uses are:  1. Determine there is a need.  2. Determine alternate routes and then hold “scoping” meetings to determine reaction.  3. Interpret findings to determine what best meets public interest.  4.  Public meetings and review of voluntary easements to minimize eminent domain.  5. Final Certification.  Once FERC approves the project, if agreements cannot be negotiated with landowners, the company may acquire an easement using eminent domain with a court determining compensation. He indicated compensation is based on fair market value, but “you have to fight for your rights.”

Mr. Cochran said DEP mostly permits smaller short lines of 1 to 3 miles from the well pad to the midstream line.  When the application arrives in the office with all the details on the form filled in and if it looks like it will work on paper, the permit is granted.  Most of their concern is with new pipelines.  Both men indicated that once a proposed pipeline is determined to be able to do its job, it goes through and is seldom rejected.

Ed Wade of the Wetzel County Action Group showed pictures of what has happened on pipelines, mostly in Wetzel County.  They included drill dust and dust after dynamite blasts in a creek, numerous slips in back fill where a pipeline goes up a hill, including one that ruptured the gas line.  Also use of concrete to support pipelines on extremely steep hills, animals in the ditch due to fragmentation of the animal’s habitat,  putting a new line on an old right of way, silt, air pollution from a pipeline site, an accidentally burned excavator and open burning.  The pipeline brings pig launchers, compressor stations, access roads, noise, odors, lights and toward the end of its life, leaked gas, and danger of fire and explosion.

After the presentations there was a Question and Answer Session moderated by Dave McMahon.  Some of the questions were:

Will drilling increase the cost of my homeowner’s liability insurance?

What can you do to keep trespassers out after the drilling is done and the pipeline is laid?

What is the nature of the impairment on my property due to a pipeline?

If someone comes on my property, is it trespassing?  (The answer to this one is, “No, you must tell them to stay out or build a fence around it, or cultivate the ground, or post the land.)

After lunch, each person introduced him or herself and many stated the problem that brought them to SORO.  Complaints heard were: issues with leasing – three pipelines on her land by three different companies – prevented from getting to work – very little help from DEP with coal and gas – quality of life – they are getting to the intimidation stage with me, they said they were going to send out the bad guys – floodplain issues – they told me to work with the driller, not the circuit court – they told me when the drilling is done the effect is over – there is no effect unless it can be measured.

Organizations represented were Wetzel County Action Group, Guardians of the West Fork, WV Host Farms, FrackCheckWV, Ohio Valley Environmental Coalition, Doddridge County Watershed Association, Friends of the Hughes, Middle Island Conservation Group, WV Chapter of the Sierra Club and WV Highlands Conservancy.

There was an Overview of SORO history and activities by Julie Archer.  Next was a section titled Results and Recommendations from Horizontal Well Act Studies.  It was a presentation by David Mahon about research mandated by the Horizontal Well Control Act the legislature passed in 2011.

One of the studies, by Dr. Michael McCawley at WVU looked at noise, light dust and other air pollution as they relate to how close wells can be to peoples’ homes. The report cited research that showed an increased risk of cancer for residents within one-half mile of a drilling operation.  Another study showed property values were affected if a well was within 1,500 feet in Texas.  A sociology research project conducted by WVU showed that landowners reported twice as many problems if they were within 1,500 feet.

Dr. McCawley’s research showed that noise, light, dust and other air pollution was not confined to the well site.  In response, DEP recommended that the legislature increase the setback distance “to provide for a more consistent and protective safe guard for residence in effective areas.” However, the DEP declined to propose any new rules based on the studies because it said “there were no indication of a public health emergency or threat” – a far more stringent standard than is reasonable for the public protection.

Pit studies showed inspectors only targeted readily apparent problems such as slips and slides, while not recognizing indicators or warning signs that might result in pit failures. Eight out of the fifteen pits studies didn’t agree with the engineers plans, and only one of the fifteen had soil conforming to the type specified by the DEP.  One concluded companies can’t be trusted.

After a break there was a section titled Moving Forward/Setting Priorities, which involved group discussions.  The following questions were asked to frame the discussion: What are the most pressing problems related to oil and gas drilling in West Virginia? What should be done to address the problems?  What should SORO do in response to these problems? The facilitator was Gary Zuckett.

Problems indentified included air pollution, water contamination, water use, improper waste disposal, truck traffic and damage to roads.  Lack of enforcement and lack of accountability with respect to industry activities and practices, permitting decisions made by the DEP and actions taken by the legislature were also major concerns. Suggested actions that should be taken to these problems included making changes to drilling laws, regulations and enforcement; engaging more citizens in pushing for better regulation and funding for enforcement; and documenting health impacts and environmental problems to help make the case for stronger regulations. Actions SORO could take in response to these issues included public education efforts to get more people involved; continued lobbying and being a voice for landowners at the legislature; continuing to explore litigation options and file lawsuits; and providing input, assisting and working with those documenting health impacts.

After the discussion, there was a Wrap-Up and Evaluation session, then dinner.  The evening session was a showing of the documentary film “Triple Divide” and a discussion of it.     [To contact WV-SORO: 304-346-5891, julie@wvsoro.org, www.wvsoro.org ]