The WV rivers are under greater threat than in the past 20 years

From Angie Blosser, WV Rivers, December 30, 2019

Happy New Year! Click here for a special video message from WV Rivers.

From along the banks of the West Fork River, the WV Rivers teams wishes you clean steams and wild rivers in 2020!

See also: Site Profile – West Fork River Assessment – EPA OSC Response

Please consider giving our wild and wonderful waters a headstart in the new year by making a tax-deductible donation. Thank you!

Donate here or mail to: WV Rivers Coalition, Suite # 129, 3501 MacCordle Ave SE, Charleston, WV 25304

Angie Rosser on the river

People's Climate March 4-29-17

People’s Climate March Draws Massive Crowd in DC

From an Article by Stephanie Spears, EcoWatch.com, April 29, 2017

More than 200,000 people took to the streets in Washington, DC, today for the People’s Climate March. Tens of thousands more joined via sister marches across the globe, including Japan, the Philippines, New Zealand, Uganda, Kenya, Germany, Greece, United Kingdom, Brazil, Mexico, Costa Rica, et al.

EcoWatch will be covering the People’s Climate March all day in Washington, DC, starting with interviews around 9:15 a.m. EST of climateleaders, spokespeople and influencers. From 10:30 – 11 a.m., 10 powerful speakers will tell their stories about why they are marching. At 11 a.m., hundreds of thousands of people will start to line up for the march. There are also hundreds of sister marches around the world.

Led by frontline and Indigenous communities, the march will begin up Pennsylvania Avenue at 12:30 p.m. towards the White House. At 2 p.m., marches will begin to surround the White House grounds, sit-down, take a moment of silence and join in a heartbeat action for 100 seconds to signify our collective stake in this fight.

“On the 100th day of the Trump presidency, the Peoples Climate March will show that our movements are ready to fight for our climate, jobs and justice,” 350.org’s Executive Director May Boeve said.

“While Trump and his crony cabinet rollback hard-won protections of our communities and our climate, we are mobilizing to fight for the bold solutions we need. We will present our vision to replace the fossil fuel industry with a 100% clean energy economy that works for all. Today, we march. Tomorrow, we rise united across our communities to make our vision of a just and equitable world a reality.”

See also: https://350.org

To: United State Senate, Washington, DC 20510

Dear US Senators:                                                                              Date:  September 5, 2015

As persons of faith, we have a moral obligation to future generations to leave them a planet that is not polluted or damaged by climate change.  We support America’s transition away from fossil energy sources to clean (green) energy and a brighter future.

Our organization is a broad response to greenhouse gases, global warming, and climate change. We will do our part to protect the Earth’s climate for future generations. Can we count on you to do your part? Specifically, we must act now if we are to have any hope of preserving the Earth’s environmental quality for future generations.

Please do your part by supporting the EPA’s Clean Power Plan and Carbon Pollution Standards for new and existing power plants. Visit our web-site here.

Sincerely, Interfaith Power & Light

P.S.  We have just viewed the highly acclaimed film by Robert Kenner entitled “Merchants of Doubt.” This film shines a light on the propaganda generated to mislead the American people with regard to future legislation.

Inspired by the acclaimed book by Naomi Oreskes and Erik Conway, “Merchants of Doubt” takes us on an illuminating ride into the heart of conjuring American spin.  Filmmaker Robert Kenner lifts the curtain on silver-tongued pundits-for-hire who present themselves in the media as scientific authorities – yet have the contrary aim of spreading confusion about well-studied public threats ranging from toxic chemicals to pharmaceuticals to climate change.

A. O. Smith (New York Times) said this film is “informative and infuriating.”

To learn more about “Merchants of Doubt” and to take action, go to:  www.takepart.com/doubt

Lax Oversight of Pipelines is Chronic Problem

Editorial, Lancaster PA New Era, May 13, 2014

Reports critical of federal government oversight of the natural gas industry should give pause to Lancaster County residents as they face the prospect of a Marcellus Shale natural gas pipeline traversing the county.

One report, by the Transportation Department’s Office of Inspector General, says the Pipeline and Hazardous Materials Safety Administration — the federal agency responsible for making sure states effectively oversee the safety of natural gas and other pipelines — is not ensuring key state inspectors are properly trained or that inspections are being conducted frequently enough.

Also, the agency isn’t making sure that inspections target the most risky pipelines, the report said.

The second report, by the Government Accountability Office, found that the U.S. government has neglected to inspect thousands of oil and natural gas wells that pose a potential threat to the environment.

In addition, the GAO uncovered outdated technologies still in use and lax safety regulations. Both reports raise the specter of an environmental disaster waiting to happen.

The safety administration defended its record, pointing to a two-thirds decline in accidents and incidents involving gas-distribution pipelines over the last 30 years.

Meanwhile, the Interior Department’s Bureau of Land Management — identified in the GAO report as the root of the problem of high risk oil and gas wells — claimed to be hampered by “limited money and staff.”

The reports should concern Lancaster County residents who worry about the impact of the proposed Central Penn Line South pipeline project that follows the Susquehanna River corridor.

Residents’ concerns center largely on the environmental impact of the project and potential safety risks from explosions and leaking gas.

Representatives from Williams Partners, the company behind the pipeline, have offered assurances that they are committed to environmental stewardship. Williams’ Cindy Ivey said the goal is to “avoid, minimize and then mitigate” natural resources.

They also said the pipeline will be closely monitored to assure its safety and that of the public.

Those assurances now ring somewhat hollow in light of the scathing reports about lax oversight of the nation’s 2.5 million miles of pipelines that move, among other things, 55 billion cubic feet of natural gas every day.   

Gas Pipelines Multiply in WV

How to Regulate WV Storage Tanks?

WV-DEP Requests Public Input on Storage Tank Rules

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From: WV-DEP, April 25, 2014 @ 4:14 PM
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The West Virginia Department of Environmental Protection (WV-DEP) is seeking public input on what should be included in the rules related to how above ground storage tanks are regulated.

As a requirement of the newly passed WV Senate Bill 373 legislation, which is known to some as “The Water Resources Protection Act,” and to others simply as “The Tank Bill,” the agency must draft rules for a new Aboveground Storage Tank Regulatory Program in time for lawmakers to consider them during the 2015 legislative session. In order to meet that deadline, the WV-DEP will file its proposed regulations as an emergency rule this fall.

Normally, public comment is taken after rules have been drafted. However, because this program is new to the department, and because of the many interests at stake, WV-DEP Secretary Randy Huffman decided to approach the rule-making process for the tank program a little differently.

“We would appreciate input from industry groups, experts, any member of the public with an idea about what needs to be addressed in the rules,” said Huffman. “We will consider that input as we draft the regulations.”

Ideas can be submitted to the agency via email or through the mail by May 15. The email address is:  WVDEPTankRules@wv.gov

Letters can be mailed to:

West Virginia Department of Environmental Protection
Tank Rules, 601 57th Street, SW
Charleston, WV 25304

Once the first draft of the regulations is ready, which is expected to occur in mid-July, additional comments from stakeholders will be considered in revising the regulations before they are filed with the Secretary of State’s office. At that time, the rules will be put out for public notice, which includes a process by which the public can submit written comments or speak out at a public hearing.

“We want this process to be as open and inclusive as possible,” Huffman said. “If you have an idea, please feel free to submit it. Your suggestions will help us achieve our goal of making these rules as thorough and as effective in safeguarding public health and the environment as possible.”Again, the deadline to submit ideas for the first draft of the rules is May 15. The WV-DEP asks that contact information be included in the letters or emails so that someone from the agency can call or write back with follow-up questions if necessary.

Marcellus reforms not on W.Va. Democrats’ agenda

From the Article by Ken Ward Jr., Charleston Gazette, January 8, 2014

When West Virginia lawmakers more than two years ago approved Gov. Earl Ray Tomblin’s Horizontal Drilling Act, they included requirements for a wide variety of studies. Follow-up reports were to look at water pollution, impoundment safety, air pollution, noise and economic impact.

Well, those studies are in, and they’ve shown clearly that more is needed if West Virginians are to be protected as the Marcellus Shale boom continues in our State (see the original article for specific references).

Most troubling has been the fact that Commerce Department officials continue to flaunt a legal requirement that they report publicly on the number of Marcellus workers who are actually from West Virginia, as opposed to out-of-state employees of drilling companies. If that weren’t enough, an interim meeting earlier this week highlighted the fact that some of the key research on potential water quality impacts of Marcellus waste disposal didn’t even study wastes from the Marcellus.

But if you’re looking for something to do while we wait for Gov. Tomblin’s State of the State address this evening, read through the House Democratic leadership’s agenda — and try to find where any of these pressing issues about the Marcellus boom are addressed.

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

North Central WV Democracy for America:

WV House Speaker Tim Miley Speaks

At a breakfast sponsored by The Harrison Co. Chamber of Commerce, speaking about the WV $250-$300 million revenue shortfall, and the possibility of increased taxes on the gas industry, WV House Speaker, Tim Miley is quoted in the 01/04/14 Clarksburg Exponent-Telegram: “I do not anticipate, nor would I support, an increase in the natural gas severance tax. My concern is this: I don’t want to do anything as a legislative body to impede natural gas expansion in West Virginia.”

As a possible effort to keep the gas industry and COC campaign endorsements and donations flowing, the legislators attending “across the board, the lawmakers said they would not support such a measure.”

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

Proposed bill aims to manage water resources
Delegate: Draft adds drilled wells

From the Article by David Beard, Morgantown Dominion Post, January 8, 2014

CHARLESTON — An interim committee originated a bill Tuesday intended to promote management of the state’s water resources and ultimately aid economic development. The draft bill, to be introduced after the session begins, comes from the Joint Legislative Oversight Commission on State Water Resources. It amends the Water Resources Protection Act.

Committee co-chairman and chief author Sen. John Unger, D-Berkeley, told The Dominion Post it marks the third and final step in a process: The state claimed surface and groundwaters, inventoried them, and now adopts a plan to manage them. Many neighboring states are drying out, Unger said, while “West Virginia is blessed with abundant water resources.” This plan would not only serve the environment, but can ultimately leverage business opportunities by drawing water-dependent industries here, to our well-managed and plentiful supply.

While the water use of the natural gas industry immediately comes to mind, Unger said the bill and the plan can apply to any industry that uses a lot of water. Co-chairman Mike Manypenny, D-Taylor, agreed with Unger’s thoughts and said he’s encouraged by these proposals to improve water monitoring. He’s been concerned for a long time about the possibility of extracting large amounts of groundwater depleting the supply. “By improving the monitoring of these wells, it can give us a better idea of the impact that may be occurring, or not occurring,” he said.

>>>  The bill’s provisions: It changes the definition of a “large quantity user” from one that withdraws more than 750,000 gallons per calendar month to one that withdraws more than 300,000 gallons in any 30-day period. It adds wells drilled in support of horizontal well operations to the list of commercial wells. Delegate Bill Hamilton, R-Upshur, proposed this amendment, and won unanimous approval.

>>>  It requires annual registry with the Department of Environmental Protection (DEP) for every large quantity user. Drilling contractors must report depth to groundwater on their drilling reports to the DEP. It adopts the state Water Resources Management Plan — a bound document about 3 inches thick that’s been in the works for several years. It tightens the reporting requirements for large quantity users’ water withdrawals.

Committee attorney Jay Lazell told members that code requires that any monthly withdrawal that results from altering a location or intake site and varies plus or minus 10 percent of an established baseline average to be reported. The bill requires an exact amount, with an annual report of monthly withdrawals. The DEP must report annually to the commission on its implementation of the Management Plan.
 
 

The article below is from a story in The Morgantown Dominion Post on October 12, 2012 by David Beard.

THIS IS the first in a series of stories profiling the views of the candidates for West Virginia governor on a variety of issues: Democrat  Gov. Earl Ray Tomblin, Republican Bill Maloney, Mountain Party’s Jesse Johnson and Libertarian David Moran.

Tomblin and Maloney previously faced off in October 2011, when Tomblin narrowly defeated Maloney in the special gubernatorial election. Tomblin had served as acting governor from November 2011, when Gov. Joe Manchin resigned to take a U.S. Senate seat. That special election was for an abbreviated 14-month term; this is for a full four years.

Maloney is a Morgantown businessman who entered the spotlight in 2010, using his drilling expertise to aid the rescue of the trapped Chilean miners. Johnson has run twice before for governor, in 2004 and 2008, and twice for U.S. Senate, in 2006 and 2010 — the special election that sent Manchin to Washington. Moran is a political newcomer. He operates a Preston County farm, raising sheep and alpaca, and is an adjunct WVU professor. A retired engineer, he worked for the U.S. Navy and was a professor at the Naval Academy.

The Dominion Post interviewed all four — in person or by email — on a variety of topics. Here are their answers on Marcellus shale drilling and fracking in West Virginia:

     The future of fracking regulation

 1. Earl Ray Tomblin, Democratic Party

    The Legislature tried for three years to produce a bill and succeeded in December 2011 — the first such bill in the Appalachian basin. “I think we came a long way to get everybody where we’re at today. … I think the bill that we passed is working well now.”

    Of course, not everyone was happy with all of it. “I’m willing to look if there’s particular areas [with] additional changed we need to make. … I would not anticipate a whole lot of changes to where we’re at now.” If there are particular concerns, he’s willing to work with the Legislature to address them.

 2.  Bill  Maloney, Republican Party

    “The DEP (Department of Environmental Protection) can’t figure out what they’ve got on the books. I don’t think they want to change it again anytime soon. My initial reaction is we don’t need anything else. Everybody knows what the rules are; now let’s figure those out before we expand anything — make sure they’re working right.

    “We want every advantage we can have and creating more regulation is not going to make it any easier to get investment in West Virginia. It’s a huge resource. We’ve got to maximize the use of it for the benefit of the state. … That’s what business needs is certainty; the uncertainty is the biggest drawback to investment.”

 3.  Jesse  Johnson, Mountain Party

    “I believe there needs to be a moratorium put in place right now until we know more about what we’re doing.”  We’re not dealing with the evident problems: Surface owner rights, flowback frack water, scaling inside pipes, unprotected workers. “There are too many unanswered questions that need to be addressed.”

    And while there is constant talk of economic boom, Wetzel County, the state epicenter of Marcellus drilling, has among the highest unemployment in the state [Wetzel’s July unemployment was the sixth highest].

 4.      David Moran, Libertarian Party

    Additional legislation should include: “compensation to all property owners for energy extraction from under their property; bonding required from all energy extractors (drilling and fracking) with interest accrued as income to the State.

Please consult the Morgantown Dominion Post newspaper to see these responses in their hardcopy versions and to follow the series on the candidate’s responses to other topics.

Today the Marcellus Shale Bill (SB4001) advanced on the Senate side of the Legislature in the Special Session, moving from the Senate Judiciary Committee to the Senate Finance Committee.

Governor Earl Ray Tomblin watered down the bill that resulted from the labors of the 10-person Select Committee before it was introduced to the Legislature.  ”The bill introduced at the Governor’s request did not respect the committee process and, for that reason, is very disappointing,” commented Delegate Barbara Fleischauer, (D-Monongalia), who served on the Select Committee.

• State law has recognized that the rights of surface owners are equal to those of the operator since 1981.  The Governor’s bill eliminates that basic premise.
• The Select Committee had developed law that would create criminal penalties for flagrant violations such as illegal dumping of frack water.  All references to criminal penalties were deleted in the Governor’s version.
• Protections for state parks built into the bill by the Select Committee were deleted in the Governor’s bill.
• The modified bill deleted requirements for public notice.   A Dec. 12 AP story quoted WV Environmental Council lobbyist Don Garvin as saying, “These are huge operations that affect a lot more than the surface tract that’s being disturbed. The public deserves the right to know what’s going on, and the chance to comment on it.”

The West Virginia Surface Rights Organization, along with public health and environmental groups, held a press conference at noon today to voice their frustration with bill’s shortcomings.  Other criticisms include lack of  provisions for protection of air quality and a 625 feet distance requirement from well to residences inadequate for noise protection.

The AP story also noted that the Select Committee bill would have exempted 1,655 Marcellus wells already permitted by DEP.  “As amended Monday, it would exempt another 206 wells with pending permit applications. Its spacing requirements, meanwhile, would not apply to any additional wells drilled on these sites with approved or pending permits.”

The Judiciary Committee amended the bill to extend the 72-hour notice to surface owners (but not the public) to at least 7 days

Governor Earl Ray Tomblin has called a special session to send the draft bill written by the Select Committee on Marcellus Shale  through the full legislative process on Sunday.  Tomblin says he believes the legislation could be completed by the end of next week.

The governor’s office did make a few adjustments to the draft bill, such as moving casing authority from the State to the DEP.  Authority on regulations involving roads was moved from the DEP to the Department of Highways.

Read the article in the West Virginia State Journal…

Read the draft bill, abstract, and amendments by going to the website for the West Virginia Legislature.  The Marcellus Shale section is on the left side of the page and has its own heading where you can link to different topics.

YOU CAN HELP!  HERE’S HOW:

You can rest assured that the capitol will feel the pressure from industry lobbyists this week.  Let our legislators hear a louder voice from their constituents.

1. Go to Charleston this week to speak face-to-face with legislators.  Meet with a citizen lobbyist group by contacting Chuck Wyrostock outreach@marcellus-wv.com.
2. Call.  Find contact information for your delegates here and your senators here.  Calling is more effective than emailing.  Leave a message if they’re not available.
3. Email.  Did I mention that calling is more effective?

Delegate Tim Manchin, co-chair of the Select Committee on Marcellus Shale says public outcry over Marcellus Shale has made it increasingly more important that legislation be passed.  Despite committed work on the bill, the committee was unable to create a final product at last week’s interim session.

With only four amendments left to discuss, co-chairman Senator Douglas Facemire hopes the select committee can meet on November 7, when Earl Ray Tomblin will be sworn in as governor.  Facemire hopes that will allow for a comprehensive bill to be ready for November interims the following week.

Read more in the West Virginia State Journal…