From the Western Environmental Law Center, January 2023

From the Letter of Mike Scott, National Oil and Gas Campaign Manager, Sierra Club, September 16, 2023

From 9 to 5, I’m the Sierra Club’s Oil and Gas Campaign Manager. When I’m not working, you can find me hunting, fishing, rafting, or hiking in Eastern Montana where I live. I love this place, and one of the reasons I live here is so that I can enjoy the outdoors.

Oil and gas production has long been a part of this region, which brings many problems. Radioactive waste from drill rigs, brine water (often saltier than the ocean), and even crude oil ends up in our rivers and on our land. Pumpjacks (those big pieces of equipment that look like a nodding donkey or horse head) sit idle and rusting on the landscape. I live between three large oil refineries, and my farm actually was covered in oil from the 2011 Silvertip pipeline spill in the Yellowstone River. Oil and gas is everywhere in my community and in this part of the country.

That is why we need stronger rules that limit oil and gas exploration!

When oil and gas companies are allowed to operate however they see fit, it leads to pollution and accidents that impact the land, wildlife, and people. For example, unsealed, abandoned wells can leak oil and other pollutants into the air and water. This means drinking water can become contaminated, and the fish we eat are riddled with toxins. It also means a visit to public lands near oil and gas production could expose us to pollutants in the air that can make us sick.

Right now, the Bureau of Land Management (BLM) is updating its oil and gas leasing rules. This is a big deal because the current rules are broken and outdated, leading to the terrible impacts I’ve seen in Montana and across the West. The proposed rules don’t fix everything, but they do start to make reforms that will hold oil and gas companies accountable for their operations. This proposal will also end some of the built-in subsidies that oil and gas companies hoard when they lease public lands. A more transparent process will mean that our perspectives are finally taken into account before dirty fossil fuel projects are dumped into our backyards.

Join me in telling the BLM to strengthen these rules and finalize them as soon as possible!

>> Thanks for all you do, Mike Scott, National Oil and Gas Campaign Manager, Sierra Club

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SUMMARY APPROACH ~ For decades, the Bureau of Land Management (BLM) has sold off public lands to oil and gas companies for pennies on the dollar. This broken system has locked up vast amounts of land from any use other than extraction and left thousands of dangerous and polluting abandoned wells with our communities footing the bill to clean them up.

The BLM just proposed an update to leasing rules that would finally hold fossil fuel companies accountable for the damage they cause, end subsidies for oil and gas producers, and add competition to the leasing process. Tell the BLM to strengthen these rules and finalize them as soon as possible!

Take Action Now!

Fracking waste disposal in Guernsey County, OH. (These activities are known risks of creating earthquakes.)

Environmental Essay by Lisa C. Lieb, Revelator Voices, March 27, 2023

Let’s Protect This Place: A region historically plagued by industrial pollution is overwhelmed with unconventional oil and gas development. The Allegheny Plateau is a lower-lying portion of the Appalachian Mountain Range that extends from southern and central New York to northern and western Pennsylvania, eastern Ohio, northern and western West Virginia, and eastern Kentucky.

Why it matters: The plateau consists of areas of gently sloping hills in the north and west of the region as well as rugged valleys in the south and east. It overlies the Marcellus Shale and Utica Shale, sedimentary rock formations. The region is rich in natural resources, including hardwoods, iron ore, silica, coal, oil and natural gas.

The abundance of these resources supported development in the region and were integral to the local steel, glass, rail and extraction industries.

Prior to widespread logging between 1890 and 1920, the area hosted old-growth forests containing red spruce, eastern white pine, eastern hemlock, sugar maple, black oak, white oak, yellow birch and American beech.

But the forest’s makeup is now different, favoring oaks, maples, hickories, American beech and yellow birch. Though fragmented and much less mature than the old-growth forests, today’s forests continue to play a vital role in ecosystems, serving as habitats for the federally endangered Indiana bat as well as locally endangered or at-risk species such as little brown bats, northern flying squirrels and blackpoll warblers.

The region hosts the Ohio River watershed and confluence, the Allegheny National Forest in New York and Pennsylvania, and the Wayne National Forest in Ohio.

The threat: Unconventional oil and gas development has boomed in the region over the past decade. The U.S. Geological Survey estimates that the Marcellus and Utica shale plays contain approximately 214 trillion cubic feet of recoverable natural gas, making the Allegheny Plateau a lucrative location for hydraulic fracturing, or “fracking.”

Already more than 13,000 unconventional wells have been drilled in Pennsylvania. Fracking itself is a resource intense process, requiring between 2 and 20 million gallons of water per well. A 2014 study estimated that in Pennsylvania, 80% of the water used for fracking comes from streams, rivers, and lakes, thus potentially altering water temperature and levels of dissolved oxygen. This water is combined with sand and a mixture of hazardous chemicals, which may include methanol, ethylene glycol and propargyl alcohol.

Between 20-25% of the water that is injected into the well returns to the surface. This flowback water often has higher salinity and has been known to contain barium, arsenic, benzene and radium. While recycling of flowback is becoming more common, other methods of disposal include underground injection, application to road surfaces, treatment at public waste facilities, and discharging it onto rivers, streams and lakes.

Near fracking sites in West Virginia, elevated levels of barium and strontium were found in feathers of Louisiana waterthrushes, native songbirds who make their home in brooks and wooded swamps. In northwestern Pennsylvania, crayfish and brook trout living in fracked streams were found to have increased levels of mercury. Fish diversity is also reduced in streams that have been fracked.

Fracking consumes land, too. Each fracking well requires 3-7 acres. In Pennsylvania over 700,000 acres of state forest land are leased or available for gas production. Well pads, pipelines and other fracking infrastructure fragment forests, alter their ecology, and reduce biodiversity. Appalachian azure butterflies and federally threatened northern wild monkshood — purple-flowering herbaceous perennials found in New York and Ohio — are both sensitive to forest fragmentation.

In addition to the direct impacts of fracking, the availability of natural gas in the Marcellus and Utica shale plays attracts petrochemical development to the region. Shell Polymers Monaca initiated operations in November 2022 at a newly constructed 386-acre petrochemical complex in southwestern Pennsylvania, along the Ohio River.

The plant manufactures virgin polyethylene pellets, which will be largely be used for production of single-use plastic products. In addition to releasing hazardous air pollutants, volatile organic compounds and particulate matter, this ethane “cracker” plant will emit 2.2 million tons of carbon dioxide per year.

The plant’s existence will also fuel fracking in the region; it is anticipated that it will require between 100 and 200 new wells each year in order to supply natural gas for its productions. Other petrochemical companies, including Exxon, PTT Global and Odebrecht, have reportedly been considering building similar complexes in Pennsylvania, Ohio and West Virginia.

My place in this place: I was born and raised in the area, and my family’s roots in southwestern Pennsylvania go back several generations. Some of my most cherished memories involve Pennsylvania’s forests, rivers and streams. As a child I loved my family’s summer pilgrimages to our cabin, a rustic building that had been converted from a one-room schoolhouse in the Pennsylvania Wilds. At “camp” we fished for yellow perch, smallmouth bass and walleye in the Sinnemahoning Creek and caught crayfish by hand. We sunned ourselves on the rocks along the river bank when the water was warm. In the evenings we walked on quiet, narrow roads in hopes of spotting an eastern elk in a grassy field.

I now live in Beaver County, Pennsylvania, one mile from the Shell cracker plant. I can observe the plant’s flaring from my kitchen window, which often creates an ominous orange glow in the night sky. To me the plant doesn’t symbolize job creation or a rebounding local economy, despite the assertions of local and state politicians. I see the plant as the perpetuation of a hopeless dependence on fossil fuels and corporate profit at the expense of ecological integrity. I worry that fracking and an associated petrochemical buildout will destroy already fragile ecosystems throughout my home in the Allegheny Plateau.

Who’s protecting it now: There are a variety of environmental groups located in the region. No Petro PA is an organization that resists fracking and pipeline development in Pennsylvania, Ohio and West Virginia. More locally the Beaver County Marcellus Awareness Community in western Pennsylvania opposes fracking and seeks to protect local community members from its harmful effects.

With the rise of the Shell cracker plant, the group also formed Eyes on Shell, a community organization that aims to hold Shell accountable for its activity and advocates for the surrounding communities’ health and safety. These are just three of the many grassroots organizations working to protect the air, soil, water, wildlife and communities in the region.

The national organization, FracTracker, also provides extensive data on oil and natural gas wells, pipelines, legislation and environmental health.

What this place needs: Ideally Ohio, Pennsylvania and West Virginia will follow in the footsteps of New York and institute a ban on fracking in light of the environmental and health risks associated with unconventional gas and oil development. However, given their strong ties to the fossil fuel industry, it is unlikely that this will occur. Banning fracking on public land in the region, such as in state forests and county parks, in a practical first step in combatting forest fragmentation and pollution.

At a regional level, regulations should be put in place to protect the water quality of the Ohio River. The Ohio River Valley Water Sanitation Commission, a multistate organization working with the federal government, could ban fracking in the Ohio River Basin in order to protect the river and its watershed. The Delaware River Basin Commission has successfully prohibited fracking within the Delaware River Basin; the rules developed by the commission could be adapted for use by the Ohio River Valley Water Sanitation Commission.

Additional government oversight would help to protect water quality in the region. Presently fracking is exempt from the Safe Water Drinking Act and therefore isn’t regulated by the U.S. Environmental Protection Agency. Ending this exemption could increase water quality and safety within the Allegheny Plateau.

Increased transparency from oil and gas companies is also required to protect the region’s water. As of July 2022, California is the only state in the country that requires full public disclosure of all chemicals used in fracking. Pennsylvania, West Virginia and Ohio must implement policies that require full public disclosure of chemicals used in all phases of the fracking process.

Join CCAN's Virtual Night of Action to STOP Manchin's Dirty Deal!

From the Appeal of Grace Tuttle, Protect Our Water—Heritage—Rights, December 7, 2022

Washington, DC – Today, U.S. Senator Joe Manchin (D-WV), Chairman of the Senate Energy and Natural Resources Committee, released the full text of the Building American Energy Security Act of 2022. He also urged his colleagues on both sides of the aisle to support amending the National Defense Authorization Act (NDAA) to include this comprehensive, bipartisan permitting reform and complete the critical Mountain Valley Pipeline.

“Failing to pass the bipartisan, comprehensive energy permitting reform that our country desperately needs is not an acceptable option. As our energy security becomes more threatened every day, Americans are demanding Congress put politics aside and act on commonsense solutions to solve the issues facing us. The Senate must vote to amend the NDAA to ensure the comprehensive, bipartisan permitting reform our country desperately needs is included,” said Chairman Manchin.

To read the Building American Energy Security Act of 2022 in full, click here.

To read a summary of the changes, click here.

CCAN Event: RSVP:
https://act.chesapeakeclimate.org/page/46961/data/1

Description: Join CCAN’s Virtual Night of Action to STOP Manchin’s Dirty Deal!

It’s time. Our senators need to hear from us. We will not stand for Manchin’s dirty deal. We can’t make policy with backroom negotiations that exclude impacted communities. We can’t keep feeding our addiction to fossil fuels.

Our goal is to get 150 residents to email their senator in one night to stop the dirty deal.

6:00-6:15 Latest policy update, Q&A
6:15-6:30 Outreach to personal VA friends and family
6:30-7:00 Textbank with CCAN

>> Grace Tuttle, Development & Programs Coordinator
Protect Our Water, Heritage, Rights (POWHR)

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P.S. The members of the US Congress need to hear from you. Senator Joe Manchin (D-WV) is trying to include his Dirty Deal – to roll back bedrock environmental protections and force the construction of the Mountain Valley Pipeline – in the National Defense Authorization Act (NDAA). We can only block this if enough Senators stand up and promise to vote against the NDAA if it includes the Dirty Deal.

Priority List:
Senator Kaine (202) 224-4024
Senator Warner (202) 224-2023
Senator Carper (202) 224-2441
Senator Schumer (202) 224-6542
Senator Schatz (202) 224-3934
Senator Murray (202) 224-2621
Senator Reed (202) 224-4642
Senator Leahy (202) 224-4242
Senator Warnock (202) 224-3643

Fracking is a big deal where ever it occurs AND chemical spill$ can occur!!!

From an Article by Reid Frazier, Allegheny Front, November 17, 2022

The Pennsylvania Department of Environmental Protection has fined the natural gas drilling company CNX some $200,000 for spilling natural gas production fluids at well sites in Greene County, Pennsylvania.

The spills took place between 2019 and 2021, all in Richhill Township. (Greene County is in the extreme southwest corner of Pennsylvania bordering West Virginia on the south and west.)

The largest spill took place on September 18, 2019, in which approximately 40 barrels, or 1,680 gallons, of production fluid leaked out of a containment structure and spilled on the ground at CNX RHL 71 and RHL 87 well site.

The PA-DEP said the company tried to make repairs to the containment and remove fluids from the site. But CNX “postponed full remediation nearly 70 days due to its ongoing hydraulic fracturing activities,” according to a PA-DEP press release. In total, the company had to remove nearly 1,400 tons of contaminated soil at the site.

Another spill occurred at the site on January 23, 2021, in which 420 gallons of fluid discharged onto the ground due to an “equipment failure.” Another spill of 40 gallons occurred three months later.

A smaller incident occurred in December 2019, in which 30 gallons of fluid leaked out of containment and into a sediment basin at the company’s RHL 4 well pad. According to the PA-DEP, “CNX postponed removal of contaminated soil until hydraulic fracturing was completed, and the discharge continued for days.”

The company ended up removing nearly 2,000 tons of contaminated soil from the site.

“Delays like these are unacceptable. PA-DEP expects, and the regulations require, prompt reporting and cleanup of spills and that operators will take measures to prevent future incidents,” said PA-DEP southwest district oil and gas manager Dan Counahan, in a statement.

Production fluids are a byproduct of the drilling and fracking process in oil and gas production. They can contain high levels of naturally-occurring metals, radioactive materials, and salts, but also can contain fracking chemicals. The fluid is too toxic for disposal in municipal wastewater facilities and is typically disposed of in deep injection wells.

The company paid two fines, of $125,000 and $75,000, for the violations. The money will go toward the state’s fund to plug abandoned oil and gas wells.

>> This story is produced in partnership with StateImpact Pennsylvania, a collaboration among The Allegheny Front, WPSU, WITF and WHYY to cover the commonwealth’s energy economy.

Plastic Pollution Crisis from “beyondplastic.org”

Article by Randi Pokladnik, Ph.D. (Environmental Scientist), 10/12/22

As consumers become increasingly aware of the health risks and environmental issues associated with a world drowning in plastics, the petrochemical industry is advocating another false solution to address the plastic crisis facing the planet: advanced recycling or chemical recycling.

Chemical recycling uses incineration processes including pyrolysis, gasification, and solvolysis to break down plastic waste. The industry claims this will make plastic production “circular” by using plastic to make more plastic and keeping hard-to-recycle plastic waste out of landfills. A 2019 study by the U.S. Department of Energy estimated the US discarded 44 million metric tons of plastic, and 86 percent of this plastic ended up in landfills.

The PR departments of the plastics industry and the American Chemical Council are working overtime to convince politicians and citizens that chemical recycling is the answer to the enormous problem of plastic wastes. However, like carbon capture and “blue hydrogen”, this process is just another way to greenwash an industry that is responsible for 400 million tons of plastic waste each year. From cradle to grave, the entire process of plastic production has a significant carbon footprint. Even the United Nations has declared plastic wastes as a serious threat to humanity and the planet.

By using the term “recycling” the industry is misleading consumers and decision-makers. Recycling means ‘”to return a material to a previous stage of a cyclic process.” If the waste plastic material was indeed turned back into a similar plastic, it would provide a benefit to the environment by reducing the need for fossil-fuel-based feedstock to create virgin plastic. But this is not the case with chemical recycling where the majority of plastic wastes are being converted and used as a fuel source.

The technology of chemical recycling can be grouped into two main categories: heat-based and solvent- based. There are two primary methods that use heat and pressure to break down the long chain plastic polymers: pyrolysis and gasification. Both apply high temperatures to the waste plastic in a low oxygen setting or an oxygen-depleted reactor. Solvent-based depolymerization is a bit more complicated as it relies on heat as well but also includes various steps and solvents to break bonds, to strip out impurities, or to retain in-tact polymers.

A study released in September 2022, shows that reuse and mechanical recycling of plastic packaging are both better choices when it comes to reducing greenhouse gas emissions. “Emissions from mechanical recycling are lower than those from chemical recycling by a factor of 9.” The study also points out that reducing the amounts of unnecessary packaging will also help move the world towards a zero-emission economy.

Other factors to consider, aside from the fact that the majority of facilities are not truly recycling any plastic, are the large quantities of hazardous waste generated, the amounts of toxic air pollutants released, and the fact that facilities are “disproportionately located in communities of low income or people of color, or both.”

Agilyx, located in Tigard, Oregon is one of the few commercial-scale facilities in operation. It uses pyrolysis to turn polystyrene into the monomer styrene, which is used to make more polystyrene. Much of the styrene however is used as a fuel source. The plant released 500,000 pounds of hazardous waste in 2019. Styrene is made from benzene, a known carcinogen. PureCycle located in Ohio is also a large-scale hazardous waste producer with more than 2200 pounds of hazardous waste generated per month.

Chemical recycling requires a considerable amount of energy and obtains this by burning fossil fuels, thus adding more carbon dioxide to the atmosphere. “In 2019 alone, the global production and incineration of plastic accounted for more than 850 million metric tons of greenhouse gases released to the atmosphere, approximately equal to the emissions from 189 five-hundred megawatt coal power plants.”

Additionally, when plastic is burned, the carbon portion of the polymer is combusted but other toxic additives used in plastic production remain in the residue. If the plastic is used for fuels or chemical feedstocks, the non-combustible materials will remain intact. These toxins can be carcinogenic or endocrine disruptors and include: dioxins, furans, heavy metals, flame retardants, PAHs, VOCs, phthalates, bisphenol A, chlorine and fluorine. The “EPA provides little information about emissions and relies heavily on self-reporting by the industry.”

The American Chemistry Council has promoted chemical recycling and is “actively trying to influence state and local governments and decision-makers to approve new plastic expansion projects, remove regulatory obstacles, and award public monies or tax breaks to pass some of the needed investment on to taxpayers.” The ACC and other trade associations support bills which would allocate money (HR 5115) for recycling infrastructure including chemical recycling as well as funding dollars for research (HR 7728) on the technology.

A 2020 Greenpeace report “Deception by the Numbers” looked at financial investments for 51 chemical recycling projects. They found since 2017, $506 million had been awarded via public funds such as bonds, loans, grants, tax credits and other incentives. Of that $506 million, “89 percent was spent on waste-to-fuel/plastic-to-fuel.” Taxpayers are not paying for plastic recycling but rather paying for fuels for the petrochemical industry.

One of the major sticking points when it comes to regulations is the classification of chemical recycling. It is being defined as a manufacturing process rather than a waste incineration process. This means facilities are subject to less stringent air and water quality requirements. Currently, there are twenty signed state laws, including HB 166 in Ohio and SB 4084 in West Virginia, that redefine waste to exclude “advanced/chemical recycling”. One of the few states to kill an industry-backed bill was Rhode Island. A June 27, 2022 issue of “Plastic News” reported that two senior Democrats had “significant questions about the bill.” Environmental groups in the state argued that the state should focus on reducing single use plastics. The Conservation Law Foundation said “there was no evidence to support the claim that new plastics were being made, and instead materials were being burned creating climate-changing gases and air pollution.”

A final concern with these dangerous facilities is where they are located. In most cases, poor communities of color seem to be the sites for the majority of waste to energy plants. You will not see a chemical recycling facility in a rich suburb. Many lawmakers admit this is clearly a case of environmental injustice. They are writing and passing laws hoping to address the disproportionate amounts of hazardous facilities, like chemical recycling, located in poor communities, near schools, close to water sources, and adjacent to parks and public lands. (Rhode Island HB 5923).

SOBE Thermal Energy Systems is proposing a “recycling facility for tires and plastics” in Youngstown, Ohio. Basically, they will be using gasification to create a fuel that will be burned to create steam to heat some downtown buildings.

When the CEO of SOBE, Dave Ferro, was questioned about this facility his reply was, “his plant would be as clean or cleaner than natural gas.” Any peer reviewed analysis of the incineration of plastics/tires will point out the toxic air pollutants created in the process (dioxin and furans) as well as all the plastic additives that will not be fully destroyed. This facility will subject the community to a constant stream of toxins in their air, land and water. I urge anyone who thinks this is a good idea to do the research, read the scientific studies. Do not buy into industry claims that this is recycling. It is simply a dirty waste-to-energy project.

Fracking operations which take many acres are increasing in numbers

>>> From an Article by Reid Frazier, StateImpact Pennsylvania, October 1, 2022

The University of Pittsburgh and the Penna. Department of Health are no longer participating in a public forum next week to discuss a series of state-funded studies about fracking and public health. The forum will still take place on Wednesday, October 5th in Canonsburg.

The Center for Coalfield Justice, one of the environmental groups involved in the forum, said in a statement this week that Pitt and the department of health had pulled out of the public event. Both the university and the department of health were slated to take part in the event, “to explain the study process to the public and take questions from community members,” according to the center.

In a statement, Maureen Lichtveld, Dean of the University of Pittsburgh School of Public Health and Professor of Environmental and Occupational Health, said that the studies are still “ongoing” and that “no data are available to share publicly.” Licthveld said the school was “willing to answer questions from the community as the studies progress. When we are prepared to release the results of these studies, we will do so publicly in a timely manner.”

Pitt has set up a web site with more information on the studies’ methodologies.

Barry Ciccocioppo, a spokesperson for the department of health, said the agency pulled out of the event only after Pitt did. “(A)fter Pitt withdrew its participation in the meeting it became clear that the department would be unable to provide anything more than background information and an overview of what led to contracting for these two studies,” Ciccocioppo said, in an email. “We will be providing that information to the organizers before the meeting.”

Ciccocioppo said the department will try to answer questions and solicit feedback through an online questionnaire it has set up. This survey will be open for two weeks after the Oct. 5 meeting.

“Parents deserve to hear from these institutions,” said Heaven Sensky, organizing director at the Center for Coalfield Justice, in a written statement. “Participating in this public forum was the bare minimum these agencies and research institutions could do to provide information to grieving parents and concerned community members. But now, they won’t even do that.”

Sensky and three other community members have resigned from the studies’ external advisory board, over what they say are Pitt’s and the agency’s “resistance to accountability and transparency to community members.”

“It is reasonable for community residents and pediatricians like me to be concerned that fracking may be to blame for the spike in rare childhood cancers and other health impacts in Southwestern Pennsylvania,” said Ned Ketyer, one of the former advisory board members, and president of Physicians for Social Responsibility Pennsylvania. “Community members are demanding answers. Unfortunately, the decision by the PA DOH and University of Pittsburgh to withdraw their commitment and not attend the public meeting on October 5 effectively silences those important voices and keeps the community in the dark.”

The forum will include perspectives from the former external review board members. The studies in question are examining the relationship between fracking and diseases like cancer, asthma, and poor birth outcomes. The state funded the studies after pressure from families of patients of a rare cancer in Washington County.

Dozens of children and young adults have been diagnosed with Ewing sarcoma and other forms of cancer in a four-county area outside Pittsburgh, where energy companies have drilled more than 4,000 wells since 2008, according to state records. The cases were first reported by the Pittsburgh Post-Gazette. Several of the cases included teenagers who died of Ewing sarcoma, who had all attended one school, Canon-McMillan High School in North Strabane Township, Washington County.

Ewing sarcoma has no known environmental cause. But the families nevertheless suspect that drilling and hydraulic fracturing, the method that energy companies use to extract natural gas from shale rock, played a role. A state study found there was no cancer cluster in Washington County, but that study did not include several newer cases of Ewing sarcoma.

In August, researchers at Yale School of Public Health found children living close to fracking sites in Pennsylvania have a higher risk for a common form of childhood cancer.

The health department says on its website that oil and gas “infrastructure may present potential exposure hazards to residents living nearby as well as to oil and gas workers.” The studies are expected to be completed by the end of the year, according to the Department of Health.

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October 5 Community Meeting Scheduled to Update Residents on PA Health & Environment Studies and to Discuss Health Impacts of Shale Gas Development

September 29, 2022 — On October 5, a public meeting in Canonsburg, PA, will offer residents an opportunity to learn more about a pair of studies being conducted by the University of Pittsburgh titled the “PA Health and Environment Studies.” The studies are exploring potential health impacts of the shale gas industry on residents of Southwestern Pennsylvania, including potential connections between this heavy industry and a spike in childhood cancers in the region.

Members of the media are invited to attend. There will also be a virtual option.

Date: Wednesday, October 5, 2022 Time: 5:30 – 7:30 p.m.
Place: Town Park (Yoney Pavilion), VFW 191 Drive Canonsburg, PA 15317

Attendees will hear from persons who formerly participated as members of the studies’ External Advisory Board and who will discuss the studies and help to prepare the community to understand the scope and limitations of the results. Additionally, the Environmental Health Project will present information families can use to identify impacts and protect their health. The PA Health and Environment studies are ongoing, and results will not be shared at this meeting.

Representatives of the Pennsylvania Department of Health and the University of Pittsburgh School of Public Health had originally committed to being on hand to explain the study process and to take questions from community members. However, the agency and the school have now decided to pull out of the meeting. Meeting organizers released a separate statement on this development, which can be viewed here.

In 2019, Pennsylvania Governor Tom Wolf’s administration allocated $3 million to the studies, taking action after months of impassioned pleas by the families of childhood cancer patients who live in the most heavily drilled region of the state. The studies have been underway for two years.

The studies cover the entirety of the Southwestern Pennsylvania Region, including Allegheny County, Armstrong County, Beaver County, Butler County, Fayette County, Greene County, Washington County, and Westmoreland County.

To register for either the in-person or virtual option, please follow this link:

https://secure.everyaction.com/qLXO2p_7C0uyKwJJ_e3Iag2?ms=coalition

Frack gas is unnatural natural gas, containing different minor and trace components

Letter to the editor by Vickie Oles, Pittsburgh Tribune-Review, August 5, 2022

Residents of New Freeport, Greene County, might not agree with letter-writer Dave Callahan, president of the Marcellus Shale Coalition (“Natural gas development benefits Pa. residents,” July 25, TribLIVE). Residents report shower water is oily, water smells bad and pets won’t drink the water. There are reports of “errant fracking fluid from a well site.” A microbiology professor’s testing determined the water isn’t potable. The solution? The driller and the Pennsylvania Department of Environmental Protection “are investigating.” The families received some bottled water.

Other communities are affected by gas development. Check out “Fractured: The body burden of living near fracking” from Environmental Health News.

In addition to threats to health and disruption to daily life to residents near frack sites, we all might face threats. The frack waste from wells can be toxic and radioactive. Is that what is in the residual waste trucks driving through our communities? Where is it going?

Aren’t jobs a benefit? Workers in the drilling industry have seven times the death rate of other U.S. workers on average with injury and death from road and rail accidents, machinery mishaps, toxic chemical exposure, respirable silica sand, explosions and fires.

These risks seem to outweigh any benefits. {an obvious understatement}

>>> Vickie Oles, Ligonier Township, Laurel Highlands, Westmoreland County, PA

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See Also: PA-DEP Fines CNX for Well Failure Near Westmoreland County Reservoir, Reid Frazier, State Impact Penna, August 21, 2020

The Pennsylvania Department of Environmental Protection has fined CNX $175,000 for allowing a gas well failure near a drinking water reservoir in Westmoreland County. A casing pipe inside the well ruptured about 5,000 feet below the surface of the Shaw 1G well on Jan. 26, 2019. The rupture sent gas and fracking fluids into nearby rock layers. The gas reached surrounding gas wells.

The “Keystone Pipeline” won’t make gas any cheaper

From an Essay by Ted Williams, Writers on the Range, July 17, 2022

The Keystone Pipeline is fully operational, daily delivering 590,000 barrels of tar-sands oil from Canada to U.S. refineries.

Most of the criticism comes from people who recycle truthiness. Former vice president Mike Pence: “Gas prices have risen across the country because of this administration’s war on energy — shutting down the Keystone Pipeline.” Republican Rep. Jim Jordan: “Biden shut off the Keystone Pipeline.”

Here’s what really happened: No one shut down, canceled, or shut off the Keystone Pipeline. It is fully operational, daily delivering 590,000 barrels of tar-sands oil in Canada to U.S. refineries.

What some pipeline advocates think is the “Keystone Pipeline” is a 1,700-mile “shortcut” called Keystone XL, or KXL. It would have sliced through Montana, South Dakota, Nebraska, Kansas and Oklahoma to the Texas Gulf Coast, delivering 830,000 barrels of tar sands oil per day. Many residents of those states fought fiercely against the pipeline cutting through their land.

Now, “Build the Keystone Pipeline” has become a social-media mantra, as if the United States could so decree. It is the Canadian firm, TC Energy, formerly TransCanada, that officially terminated the project once President Biden withdrew its permits.

Even if construction on the pipeline began tomorrow, KXL could not be up and running in less than five years. The KXL pipeline was a project developed by a foreign company that would have delivered foreign oil products to mostly foreign markets.

When President Trump re-permitted KXL in 2017, his own State Department reported that it would not lower gasoline prices. The price of oil is set by the global market and certainly not by U.S. presidents. What’s more, the project was just about dead for a number of reasons, including litigation from aggrieved property owners whose land TC Energy seized by eminent domain.

We should also remember that rendering gasoline from tar-sands oil, the planet’s dirtiest petroleum, is far more polluting and energy-intensive than conventional refining. Some carbon content is burned off in a process that belches greenhouse gases and generates toxic waste called petcoke, which is dumped around the United States in piles six stories high. Petcoke billows through neighborhoods and infiltrates schools and houses even when windows are shut.

Bitumen, basically asphalt, continues to be strip-mined from what used to be Canada’s boreal forests in Alberta. Too thick to be piped, it’s spiked with volatile liquid condensate from natural gas and thus converted to a toxic tar-sands cocktail called ”dilbit,” short for diluted bitumen.

Dilbit, sent through the existing Keystone pipeline, contains chloride salts, sulfur, abrasive minerals and acids, and must be pumped under high pressure. It’s murder on pipes.

In addition to greenhouse gases and petcoke, tar-sands waste products end up in lakes, rivers, fish, wildlife and people. Between 1995 and 2006, when tar-sands extraction was accelerating, Alberta’s First Nations suffered a sudden 30 percent increase in cancer rates.

KXL, if built, also threatened the world’s largest aquifer — the Ogallala. Anyone who thinks Nebraska lacks water should visit Green Valley Township, where I encountered Ogallala water so close to the surface it flowed along dirt roads and ditches. Pintails, mallards, and widgeon billowed out of them. But parts of the aquifer are now depleted, and a major dilbit spill could finish those parts off.

In 2011 a pipeline representative named Shawn Howard assured me that ramming a dilbit pipe through the Ogallala aquifer would be risk free. “Why,” he demanded, “would we invest $13 billion in a pipeline and put a product in it that was going to destroy it like these activists are trotting out? It makes absolutely no business sense.”

The existing Keystone pipeline has ruptured 22 times, including spills in 2017 and 2019 that fouled land and water with 404,000 gallons of dilbit. Business sense, as the oil industry consistently reminds us, is an attribute more often desired than possessed.

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NOTE ~~ Writers on the Range, Essays from the Mountain West

Writers on the Range provides editorial essays to Western newspapers in the intermountain west. Our topics include public lands, outdoor recreation, water and economic institutions serving the west. Our writers are westerners from 10 states with diverse opinions and insight. As a 501c3 corporation as defined and approved by the IRS, donations to Writers on the Range are tax deductible.

US Clean Water Act contains many sections

From an Article by John McFerrin, WV Highlands Conservancy Voice, July 2022

States, including West Virginia, have gained more control over the issuance of permits under the federal Clean Water Act.

Under the federal and state Clean Water Acts, anybody who wants to undertake a wide variety of activities which have an impact upon water must have a permit. These include discharging water into a stream, filling a stream, or crossing a stream or a wetland. Most recently this requirement has meant that both the Atlantic Coast Pipeline and the Mountain Valley Pipeline have been required to have permits for pipeline construction.

These permits are issued by federal agencies. Under the law as it historically existed, even when federal agencies issue permit decisions, states still had a role. Under Section 401 of the federal Clean Water Act, federal agencies could not authorize projects in a state unless that state certifies (called a 401 Certification) that the project will not violate state water quality standards.

Our most recent experiences with this are the Mountain Valley Pipeline and the Atlantic Coast Pipeline. With those two pipelines, or any other project where federal agencies issue water permits, West Virginia could have stopped the project by refusing the 401 Certification. If it did not want to refuse the 401 Certification outright, it could have conditioned its approval on the pipeline developers taking certain steps to protect water quality.

The reason for this requirement of state certification were explained during the original debates on the federal Clean Water Act. Senator Muskie explained on the floor when what is now §401 was first proposed: “No polluter will be able to hide behind a Federal license or permit as an excuse for a violation of water quality standard[s]. No polluter will be able to make major investments in facilities under a Federal license or permit without providing assurance that the facility will comply with water quality standards. No State water pollution control agency will be confronted with a fait accompli by an industry that has built a plant without consideration of water quality requirements.”

In the spring of 2020, the United States Environmental Protection Agency issued a new rule dramatically reducing the authority that states have to refuse certification or demand conditions on permits. This was in response to complaints about other states imposing too many conditions upon pipeline construction or refusing certifications altogether. For the reasons mentioned below, there were no complaints about West Virginia authorities.

Now the United States Environmental Protection Agency has changed the rule back to what it was historically. The states once again have the authority to review federal permits and certify that a project will not cause a violation of water quality standards. If a project needs conditions to protect state waters, states can demand those conditions.

Does West Virginia really care?

If recent experience is any guide, regaining this authority will not make any difference to West Virginia. Both the Atlantic Coast Pipeline and the Mountain Valley Pipeline had to have permits to cross streams and wetlands in West Virginia. Through the 401 Certification process, West Virginia could have prevented the Federal Energy Regulatory Commission from finally approving the pipeline as well as the United States Army Corps of Engineers from approving the stream crossings, etc. that the pipeline will entail until we had assurance that West Virginia’s water would not be damaged. West Virginia had the opportunity to either stop the project entirely or, more likely, place conditions upon it that would make it less damaging to West Virginia waters.

Instead of reviewing the projects and either rejecting them or placing conditions upon them, West Virginia waived its right to do so. For the details, see the stories in the December, 2017, and January, 2018, issues of The Highlands Voice.

While the restoration of authority might make a difference in some states, it is not clear that it will make any difference in West Virginia. When the West Virginia Department of Environmental Protection had the authority before, it did not use it. There is nothing to indicate that having it back will make any difference. The current West Virginia Department of Environmental Protection has no interest in using the right which the Clean Water Act grants it anyway.

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The West Virginia Highlands Conservancy is a non-profit corporation which has been recognized as a tax exempt organization by the Internal Revenue Service. Its bylaws describe its purpose:

The purposes of the Conservancy shall be to promote, encourage, and work for the conservation — including both preservation and wise use — and appreciation of the natural resources of West Virginia and the Nation, and especially of the Highlands Region of West Virginia, for the cultural, social, educational, physical, health, spiritual, and economic benefit of present and future generations of West Virginians and Americans.

Fishing map of Tappan Lake, which received a $6 million upgrade

Article written by Randi Pokladnik, PhD, Tappan Lake, Uhrichsville, OH

Yellowstone National Park in Montana experienced massive flooding last week. “Water devoured roads, swept away bridges, isolated entire towns and shut down one of America’s busiest parks.” The flooding was blamed on a cool-wet spring which was equivalent to 200 percent of the normal moisture from snow melt. Warmer temperatures and more rain caused the Yellowstone River to overflow its banks with a flow of nearly 50,000 cubic feet of water per second. USGS data shows that over the past 130 years, the river only reached 32,000 cubic feet three times. This was a 1 in 500-year flood event.

Kansas is one of the major cattle-producing states in America. Farmers witnessed cattle dropping dead as heat spiked from 79 degrees on June 9th to 101 degrees on June 11th. Over 2000 cattle were lost in the intense heat wave triggered by climate change.

These recent events along with the storms that hit Ohio last week are proof that the climate is changing and severe weather will soon be the new norm. Still, politicians like Ohio CD 6 Representative, Bill Johnson, and the oil and gas industry continue to cling to the very fuel that is driving this climate crisis. It is estimated that in 2021, extreme weather caused by climate change cost US taxpayers close to $100 billion dollars.

We know from scientific studies that global methane levels have significantly increased since fracking exploded in North America. Also, low producing wells that are allowed to leak contribute to the large amounts of methane emissions in North America. Tracy Sabetta of Ohio’s Moms Clean Air Force said, “If you look at prices from 2019, there’s more than $700 million in wasted natural gas. That is enough to supply over 3.6 million homes in the U.S. annually, or to power every single home in Ohio.”

Fracking is fueling the climate crisis but this fact is ignored by many including the Muskingum Watershed Conservancy District. The MWCD recently signed a lease agreement with Encino Energy to frack 7,300 acres of property at Tappan Lake in Harrison County. The deal will place $40 million dollars into the MWCD coffers. The MWCD has a long history with oil and gas extraction, leasing thousands of acres for Utica shale drilling and selling water from MWCD lakes to be used by drillers for fracking. It was once stated that the MWCD is the “number 1 beneficiary of drilling in Ohio.”

The Muskingum Watershed Conservancy District includes parts or the entirety of 27 Ohio counties. All of these counties have seen some impact from oil and gas development, however, the counties of Carroll, Harrison, Belmont, Noble, and Guernsey have been significantly impacted.

The watershed made $200 million on Utica Shale wells from 2009 to 2015. Even though local citizens expressed concerns about water sales, in 2012, the MWCD sold 11 million gallons of water from Clendening Lake in Harrison County to Gulfport Energy. Water has also been sold to the oil and gas industry from Seneca Lake and Piedmont Lake.

Gordon Maupin, the President of the MWCD Board of Directors, said this recent lease agreement reflects “our desire to renew and increase our focus on improving the watershed and water quality and protecting our resource by requiring enhanced environmental protections”. Those “enhanced environmental protections” Maupin speaks of are superficial at best and include walls to block noise and visuals, some water testing and erosion protection. It is impossible to protect land, air and water from the pollution of fracking since this industry is basically exempt from all major federal environmental laws and regulations such as: Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act and Emergency Planning and Community Right-to Know Act.

Citizens living near oil and gas activities have expressed concerns about drilling operations which include: the chemicals/additives used to drill/frack, the radionuclides brought up to the surface in produced water, drilling in ecologically sensitive areas, contamination from spills, leaks, blowouts, and deliberate releases, subsurface migration of contaminants among aquifers, and increased levels of radon gas in homes near fracking.

Workers and nearby residents can be exposed to air contaminants like nitrogen oxides, benzene, ozone, toluene, methane, and fine particulate matter during the fracking process. Run-off of toxic compounds from the well pads can enter Tappan Lake, the drinking water source for Cadiz, Ohio. Should the lake become impaired, where will Cadiz get its water supply?

The U.S. EPA and Department of Energy said that an average of seven million gallons of water and over 70,000 gallons of chemicals are used for each well fracked. Over 80 percent of these compounds have never been reviewed by the International Agency for Research on Cancer (IARC). Many of those reviewed are known carcinogens and hormone blockers.

Accidents happen. The XTO Energy well blowout in Belmont County in February 2018 spewed out 120 tons of methane an hour for twenty days. Methane is 84 times as potent a greenhouse gas as carbon dioxide.

You cannot claim to be a good steward of the land and ignore all the externalities visited on the landscape from fracking. I live on Tappan Lake and have seen the effects of fracking in the county. Pipelines crisscross the forested hills, fracking trucks congest the rural roadways, water is being withdrawn from local creeks, and even the night skies are obliterated by fracking flares.

I can see the new $6 million dollar Tappan Lake Marina from our boat docks and wonder how profitable that marina would be should the lake become contaminated. How much will our property values decrease? Will the fish from the lake be safe to eat if frack wastes as well as brine from fracking contaminates the watershed of the lake?

How can the MWCD justify financing improvements by allowing the fossil fuel industry to destroy the very landscape they (MWCD) are supposedly conserving? The definition of conservancy is: a body concerned with the preservation of nature, specific species or natural resources. The Muskingum Watershed Conservancy District is no conservancy.