A home water filter can reduce trihalomethanes from tap water, but they can still be inhaled (think steam in the shower).

Bromides, a salt found in brine from oil and gas drilling, create a carcinogen called trihalomethanes when they are chlorinated in drinking water.  It is because of high levels of bromides in source rivers, such as the Ohio and Monongahela, that dozens of drinking water treatment plants in West Virginia and Pennsylvania have violated EPA standards for trihalomethanes since 2008– the year gas drillers began flocking to the area to tap the Marcellus Shale.

Since this spring, drillers have been sending less of their brine water from shale gas wells to municipal treatment plants, which do not have the expensive new technology required to remove bromides.  They’re opting to send it to deep injection wells or recycling facilites instead. Thus, one would expect that, especially after such a wet year, bromide levels in the rivers would have dropped.

However, a story from Pittsburgh Public Media reports that bromide levels remain high. One potential culprit is conventional oil and gas drilling, but a definitive answer has not been found yet.  The EPA plans to tighten standards for trihalomethanes in the spring, meaning that if drinking water treatment plants exceed standards for the chemical, its customers will be notified that their drinking water does not comply with the Safe Drinking Water Act.

Locals say the spill on Bunners Ridge last week is still a mess, despite officials reporting on Thursday that clean-up was 95% complete.  Residents are concerned about the integrity of their well water, or that they will no longer be able to swim in White Day Creek after 50 gallons of synthetic oil spilled into it.  Both Chesapeake and DEP have taken water samples, but results are still pending.

Read more here…

Ninety days ago, the Department of Energy assigned a subcommittee of 7 members to study hydraulic fracturing and make regulatory recommendations.  The panel was criticized by 109 organizations and 28 scientists for being biased– six of the seven members were identified as having financial ties to the industry.

When the final 41-page report was released today, several recommendations were made, including:

• Making public all chemicals used in the fracking process
• Careful tracking and proper disposal of fracking wastewater
• Strict emission standards for methane and ozone-forming chemicals, and other pollutants
• More research for cleaner drilling practices
• Baseline water quality tests

The report found no evidence that groundwater can be contaminated through migration of chemicals from the shale layers up, but did note that poor cement jobs in casings could easily leak, and commented that “intensive shale gas development can potentially have serious impacts on public health, the environment and quality of life — even when individual operators conduct their activities in ways that meet and exceed regulatory requirements.”

Read more in the Charleston Gazette…

After an improper casing on one of Chesapeake Energy’s Marcellus wells led to the contamination of private water supplies for 16 families in Bradford County, Pa in 2010, and a tank fire injured three workers in February, Pennsylvania DEP has charged the company with the largest single fine it has ever issued to an oil and gas driller– nearly $1.1 million.  In addition to the fines, the families affected by these incidents are pursuing legal action.  The contamination of the Bradford County wells with methane and the fine imposed are unrelated to the recent  blowout of a Chesapeake well and the stream contamination related to that event in the same county.  This announcement comes only days after Chesapeake Energy declared that it would resume hydraulic fracturing in Pennsylvania, having voluntarily suspending operations for three weeks in response to a blowout in Bradford County.  This incident, along with the recent Duke study linking hydraulic fracturing to groundwater contamination, have caused Congress to create a new panel to evaluate the safety of hydraulic fracturing.  Set up by the US Department of Energy, the panel will present its preliminary recommendations to Congress in 90 days.

A rapid expansion is underway in Pennsylvania and West Virginia to tap into vast amounts of natural gas lying deep beneath the earth’s surface.  Companies have invested billions and are increasing the number of wells rapidly. With the increase in drilling comes an increase in legal activity, from attorneys who help landowners with leasing issues to lawyers involved in disputes over roads and noise to those drafting industry rules and regulations.

Kathryn Klaber, president of the Marcellus Shale Coalition, says the industry welcomes the scrutiny.  ”I challenge you to name another industry this transparent,” she said. “Have you ever seen any industry that has more easy access to information?” Klaber’s organization represents nearly 40 drillers and many other related businesses, many of which are facing legislative hurdles.  New York has issued a temporary moratorium on new drilling permits, and many in West Virginia are calling for legislative action to protect the public and the environment.

More than a dozen law firms have joined the Marcellus Shale Coalition, as partners in the oil and gas industry.  Several firms have designated teams of attorneys who work solely on Marcellus Shale issues and litigation. Industry lawyers say their clients are stepping up to the plate when it comes to issues such as noise, road damage and site restoration.  

Plaintiff attorney Michael Rosenzweig in Pittsburgh says there are a number of cases right now against local municipalities and the states for damage to the roads. “The state is just left holding the bag when these drillers come in and put all this heavy traffic on these roads,” he said. “It’s a recipe for disaster.” Industry lawyers say many companies are making repairs themselves, particularly to landscaping on property once they are finished with a well. Many municipalities are considering charging drillers impact fees to make necessary repairs.

You probably can refuse a horizontal well on your land.  The West Virginia Surface Owners Rights Organization (WV-SORO) believes that a surface owner who does not own the gas rights under their land cannot be forced to have a horizontal well pad on the surface  unless the horizontal well will only be draining the gas lease tract under the surface owner’s land.  Generally, lawyers who work for the industry agree with this (although the companies and local landman may not realize it yet).  Although there are no cases on this in West Virginia, legal encyclopedia’s of gas law say that this is “clearly” true and that the reason that there are no appellate court cases on the point is that such “veto powers” are generally assumed.

WV-SORO generally favors horizontal drilling because one well site, access road and pipeline replaces three or four.  Moreover, if horizontal wells are drilled from centralized well pads, one well site, access road and pipeline can replace more than 20 vertical well sites, etc.  However, this does not mean the rights of the surface owner of the land where the wells are being drilled should be ignored or that the surface owner should not share in the financial benefits of producing the gas.

This Thursday, February 17 at 3:30 pm the House Judiciary Committee will hold a  public hearing on the two bills (HB 2878 and HB 3042) that would regulate Marcellus gas drilling in West Virginia.

This is a tremendous opportunity to tell the committee what you think should be included in this important legislation.  Anyone can sign up to speak, though your comments will probably be limited to 2-3 minutes.  The sign up period will be just prior to the hearing.

If you are unable to attend, but have testimony you would like to have submitted (and perhaps read) on your behalf please e-mail Nicole at nnncole@yahoo.com before 5 PM Wednesday, February 16.  Even if you don’t wish to speak, please try to attend and show your support for the bills and the speakers. You can come earlier in the day to meet with your legislators– making an appointment with them ahead of time is strongly recommended.  You can also show your support with emails and phone calls to legislators, and letters to the editor.  The “Take Action” link at the top of this page can help you with this.

Click here to download a list of essential elements for any Marcellus Shale regulatory bill as identified by the WV Environmental Council and WV Surface Owners’ Rights Organization.

Here is a list of suggested items that are not included in either bill:

1. A public notice and comment period for each permit application to drill a well

2. An actual water withdrawal permit system

3. Elimination of the General Permit for land application of pit water

4. Prohibition of the disposal of oil and gas well wastewater in underground mines

5. A ban on, or additional protections for, drilling in Karst geology

6. No burying of drilling pits on site

7. Testing of all flow-back water and drill cuttings for the presence of radioactiviy

8. A comprehensive statute and rules governing seismic exploration

9.Regulation of air quality at drilling sites

EPA officials announced a draft plan on Tuesday, February 8 to study hydraulic fracturing in oil and gas drilling from a “life cycle” approach, following the water from acquisition to the post-fracturing stage, including flow-back and disposal.

Requested by Congressional Democrats, this call for science is a reaction to hydraulic fracturing’s exemption from regulation under the Safe Drinking Water Act.  Congressional Republicans and industry have opposed the plan,  insisting that the process poses no threat to drinking water.

The results from this study would be very valuable to have today, as West Virginia Senators and Delegates debate whether there is comprehensive science demonstrating the need for strict protections of the state’s ground water and streams.  However,  the study won’t be completed until next year, with a follow-up in 2014.  The draft plan suggests that other risks, such as air quality, occupational risks, and ecosystem effects also be comprehensively examined in the future.  Click here to download a copy of the plan…