Unusually large 42 inch pipe with coating exposed to extensive weathering

SOURCE ~ WV DEP COMPLAINT # 266 Indian Creek 11-24-23

Thank you for your prompt attention to this matter. I appreciate the conversation with Jason Liddle yesterday afternoon and the explanation that MVP working in the stream is not contrary to the MVP Construction plan to open cut the stream, but that the release of sediment downstream is a saturation that may not be allowable. I look forward to learning more about this after a site visit by WV DEP..

>>> This was the original email sent yesterday, 11-24-23:

TO WV DEP and Others Whom It May Concern:

I have a special attachment to this particular place in Indian Creek because it is where I was baptized in the early 80′s and to see an excavator sitting at the exact spot where that occurred was somewhat sacrilegious to me.

All season plunges into Indian Creek are not uncommon

Maury Johnson,
3227 Ellison Ridge,
Greenville, WV 24945

The Governor should issue a ban on open burning, but has not so far ….

From an Article by Chris Lawrence, WV Metro News, November 6, 2023

CHARLESTON, W.Va. — The low humidity, warmer temperatures, and the steady wind in recent days has turned the West Virginia forest and the new leaf litter on the forest floor into a potential tinder box.

As of Monday, the West Virginia Division of Forestry reported more than 100 forest fires in the state and Deputy State Forester Tony Evans believed the number was well beyond.

“Over the weekend we’ve had so many fires that have popped up, we definitively know we have more than that,” said Evans. Some of the fires were large in scale.

“We have several big fires. One down in McDowell County is several hundred acres. Raleigh County’s got a big fire Kanawha has a couple. Boone County has several fires that are going to be several hundred acres, same thing with Mingo County,” he explained.

According to Evans, the Southern West Virginia topography lends itself well to a wildfire and they tend to get out of control faster in the steep hills of the coalfields than in other parts of the state. The terrain also makes them more difficult to put out.

The fires are so widespread, Evans said they are asking people to stop calling 911 with just reports of seeing or smelling smoke. Since those kind of reports are too vague to help pinpoint a fire. “Unless they see an actual fire or a big column of smoke coming up from a specific place, don’t call 911 just if they are seeing or smelling smoke in the air,” he explained..

The Kanawha County Commission penned a letter to the Division of Forestry asking for a total burning ban until some measurable rainfall comes. Evans said that decision would have to come from the Governor’s office.

The fall forest fire rules are in effect, meaning that any outdoor burning must be done between 5 p.m. and 7 a.m. However, under the present conditions, Evans said use common sense.

“You know if it’s dry and windy, wait until we get some moisture. It doesn’t take very much for the wind to pick up an ember and put it out into the woods or dry grass and we have a forest fire,” he said.

On June 8, 2023, hundreds of frontline and Appalachian climate activists rallied at the White House against the Mountain Valley Pipeline

From the Article by Ivy Main, Power for the People VA, June 29, 2023

The folly of building the Mountain Valley Pipeline should be obvious to anyone who hasn’t already committed billions of dollars to the project!

This spring’s passage of federal legislation raising the debt ceiling came with one provision that clean energy advocates had fought hard against: it sweeps away several legal challenges to the Mountain Valley Pipeline (MVP) that have stalled completion for more than four years. The pipeline is supposed to carry methane gas from the fracking fields of West Virginia into Virginia to connect to an existing interstate pipeline here, and getting it built has long been a priority of West Virginia Senator Joe Manchin.

Manchin surely believes he notched a victory with the inclusion of this provision in must-pass legislation. And in one respect, he’s right. Pipeline opponents aren’t conceding defeat, but stopping the MVP in court just got a heck of a lot harder.

Whether the pipeline’s developers should be celebrating is another matter. The wisdom of building a new methane gas pipeline was questionable nine years ago when the MVP was conceived. Today, with the U.S. transitioning away from fossil fuels, the folly of building new gas infrastructure should be obvious to anyone who hasn’t already committed billions of dollars to the project.

Dominion Energy figured this out three years ago when it dropped plans to develop the Atlantic Coast Pipeline. Dominion is a big energy conglomerate and had other projects to pursue. Canceling the Atlantic Coast Pipeline saved it billions of dollars that it is now investing in offshore wind and other renewable energy assets.

MVP’s two largest minority partners are also diversified companies with other options. NextEra Energy, which owns a 31% share in the partnership through its subsidiary Next Energy Resources, wrote off the value of its investment in MVP in 2021 and 2022, saying it planned to “reevaluate its investment in the Mountain Valley Pipeline.”

A NextEra spokesperson did not answer my question about what the company plans to do about MVP now. But if a picture is worth a thousand words, take a look at NextEra Energy Resources’ homepage. MVP isn’t mentioned anywhere on the website, which is largely a celebration of the company’s renewable energy assets.

The third-largest stakeholder in the MVP is Consolidated Edison, with an initial 12.5% stake. In 2019 it exercised an option to cap its investment in MVP, and in 2020 it wrote down the value of its investment by almost half. ConEd CEO John McAvoy told investors that year the company would no longer invest in gas transmission projects and “certainly would” consider selling its stake in MVP.

“We made those investments five to seven years ago,” he said, “and at that time we — and frankly many others — viewed natural gas as having a fairly large role in the transition to the clean energy economy. That view has largely changed, and natural gas, while it can provide emissions reductions, is no longer … part of the longer-term view.”

Unfortunately, these views aren’t shared by MVP’s majority owner and operator. Equitrans Midstream is solely a pipeline and gas storage company, having been spun off from a larger corporation, EQT, in 2018. MVP is its key to growth. The exit door may be wide open, but Equitrans doesn’t want to leave because it has nowhere to go.

That doesn’t mean it makes sense to stay, either. Many a gambler has learned the hard way that continuing to feed coins into a slot machine does not make it more likely to disgorge the jackpot.

And really, if there ever was a jackpot for MVP, it is gone by now. In 2015, EQT saw an opportunity to undercut the price charged by existing pipelines to ship gas to an energy-hungry Southeast. Today, though, demand for methane gas has cooled in the face of cheap wind and solar, while MVP’s costs have ballooned to $6.6 billion from the initial projection of $3.25 billion. Analysts say MVP’s competitive advantage has evaporated, and its prospects for profitability look grim.

Equitrans maintains that there is still a pressing need for its pipeline, but demand has always been hypothetical. From the very beginning, the partnership seemingly indulged in “build it and they will come” magical thinking.

Getting a permit to build from the Federal Energy Regulatory Commission requires that pipeline developers have their customers lined up ahead of time in order to demonstrate a “need” for the project. Even in 2015 there were not enough customers clamoring for MVP’s services, so the partners named themselves as the buyers for more than half of the pipeline’s capacity. FERC’s approach to permitting allows this self-dealing, though the commission has been heavily criticized for it.

Obviously, Equitrans was never going to be a customer; it isn’t in the business of generating power or selling gas at retail. Its field of dreams assumed demand for gas would grow, customers would be clamoring for pipeline capacity, and Equitrans would be able sell its share of the capacity and just reap the profits from owning the pipeline.

It’s hard to imagine that happening now. Economics had already started to favor wind and solar over fossil fuels when the MVP broke ground. Total natural gas consumption has been mostly flat nationwide since 2018, and the Energy Information Agency (EIA) projects it will decline steadily for the next decade. EIA also projects that more than half of all new electric generating capacity this year will be solar, with natural gas additions down to a mere 14%. Here in Virginia, methane gas burned by electric utilities has declined from a high in 2020.

The future will only get brighter for renewables and dimmer for gas. In 2020, Virginia committed to a zero-carbon energy future, and in 2022 Congress passed the strongest set of clean energy incentives in history. Betting on fossil fuels in today’s environment makes no sense.

Sure, Governor Youngkin is doing his level best to throw a wrench in the works, and Dominion Energy Virginia just proposed building a 1,000-megawatt gas combustion turbine, citing growing demand from data centers and electric vehicles. Misguided as that proposal is, it doesn’t signal good times ahead for the gas industry. Combustion turbines are not baseload plants; they run only when demand exceeds other sources of supply. Dominion has no plans to build new baseload gas plants.

MVP knows finding customers in Virginia will be hard. Before litigation and permit denials put construction on hold in 2018, the partnership had proposed an extension of the pipeline into North Carolina, perhaps hoping for better pickings in Duke Energy territory. Now that MVP has the congressional seal of approval, it is seeking to revive the proposed Southgate Extension, to the dismay of North Carolina activists. Yet economics don’t favor gas over solar there, either.

The liquefied natural gas export market has also been floated as a potential source of growth, but critics say the lack of liquefied natural gas terminal capacity prevents that from happening.

It’s time to stop this travesty. Equitrans claims MVP is 94% complete, but opponents say the true figure is more like 56%, with many of the most difficult segments (like stream crossings) still to be tackled. Those are also the most environmentally sensitive parts of the line. Pulling the plug on MVP now would avoid not only the cost of completing the pipeline, but also the cost of fixing leaks, erosion damage and other problems critics believe are inevitable given the terrain and geology.

That would be a much better result for everyone concerned than completing the pipeline to serve a market that doesn’t exist – a Pyrrhic victory if there ever was one.

>>> This article was originally published in the Virginia Mercury on June 28, 2023.

Highly corrosive brine (residual) wastewater processing facility on Mon River in Fairmont

From an Article of Your Radio Place in Ohio, June 1, 2023

LORE CITY, Ohio–Members of three area fire companies responded to the report of an oil and gas well pad explosion Thursday morning.

Around 10 am Thursday, a explosion was reported at a Utica Resources drilling site on Leatherwood Road (SR 265) near the intersection of Salem Road, located east of Lore City.

According to local fire officials, a storage tank on the site exploded for reasons yet to be determined. The blast was reported by residents nearly 15 miles away.

Members of Lore City, Old Washington and Quaker City Fire Departments responded, and per protocol, staged at the entrance to the pad site. Following the explosion, a small fire was extinguished and situation was quickly brought under control by drilling company personnel on scene.

One worker, close to the blast received minor injuries and was evaluated by Old Washington EMS personnel. The worker refused treatment.

There was no report of nearby property damage and the incident is under investigation by the ODNR, well drilling company personnel and local fire officials.

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WV-DEP: Testing after Fairmont explosion showed no signs of contamination

Articles by C. Allan, WBOY News 12, Posted: May 30, 2023, Updated: May 31, 2023, UPDATE: 5/31/2023, 1:14 p.m.

FAIRMONT, W.Va. (WBOY) — Officials with the West Virginia Department of Environmental Protection (DEP) are still assessing the site of a fire that happened at the Fairmont Brine Plant on Tuesday.

According to an update sent to 12 News by a DEP representative early Wednesday afternoon, testing performed by the West Virginia Department of Health and Human Resources on Tuesday showed that no first responders showed any signs of contamination. “No testing showed above background readings on their bodies,” said a DEP representative.

The representative also said that when the fire was extinguished around 4 p.m. on Tuesday, DEP staff did not see evidence of material or firefighting water leaving the site.

Crews from the DEP, Fairmont Brine Plant and Environmental Protection Agency are currently on site conducting an updated assessment.

UPDATE: 5/30/2023, 7:01 p.m.

FAIRMONT, W.Va. (WBOY) — After previous reports that no evacuation was needed after an explosion at a brine plant in Fairmont on Tuesday, officials from the Department of Environmental Protection (DEP) are now at the site testing for radioactive material.

According to the Marion County Homeland Security & Emergency Management Facebook page, DEP is at the Fairmont Brine Plant on AFR Drive performing various sampling tests of the air and ground. The post said that the operations are contained to the immediate affected area.

The Winfield VFD, Valley VFD, MCRS, Bunner Ridge VFD, Rivesville VFD, Barrackville VFD, Marion County Sheriff, Marion DHSEM, WV DEP, and Mon County Hazardous Response Team all responded.

ORIGINAL: 5/30/2023, 2:59 p.m.

FAIRMONT, W.Va. (WBOY) — A representative with the Department of Environmental Protection has been called following an explosion in Fairmont.

According to the Marion County 911 Communications Center, an explosion was reported at 1:53 p.m. Tuesday at the old brine processing plant on AFR Drive in Fairmont.

When crews arrived on the scene, they reported back that there were no injuries and determined it was not necessary to evacuate the area due to potential chemical leaks resulting from the reported explosion, comm center officials said.

At this time, the Department of Environmental Protection has been notified of the incident and is sending a representative to the scene, according to the comm center.

At the scene were the Winfield, Valley, Rivesville, Barrackville and Bunner Ridge fire departments, also on the scene is the Marion County Rescue Squad as a precaution, comm center officials said.

The Winfield District Volunteer Fire Department is the lead at the scene, according to the comm center. Currently, the crews on scene are following precautionary direction and instruction per the Department of Environmental Protection.

#######+++++++#######+++++++########

TIMELINE for Fairmont Brine Processing

> 2009 – Facility was constructed under previous ownership
> Q4 2009 – Venture Engineering & Construction, Inc. (“Venture”) hired by previous ownership to manage construction and commissioning
> Late 2009 – Operations begin (3,500 bbl/day facility)

2010 – Facility encounters increasing and severe metallurgical issues ~ Facility shuts down due to improper materials of construction and process issues

2012 – Facility is acquired by Fairmont Brine Processing, LLC (“FBP”) ~ Venture is hired to redevelop the facility as a 4,000 bbl/day plant

2013 – Pretreatment operations commence

July 1, 2014 – Evaporation & Crystallization process operations commence

October 1, 2014 – Sold 100% of the plant capacity under two take or pay contracts (4,000 bbls /day) through end of 2016.

One of the rallies over the last eight years opposing the 42” MVP ….

From the Article by Maury Johnson (Monroe County, WV), Common Dreams, 4/26/23

Secretary Granholm’s letter cheerleading the Mountain Valley Pipeline came the day after she promised to meet with me, a landowner impacted by Senator Manchin’s pet fossil fuel project.

I am saddened by the depths that proponents of the Mountain Valley Pipeline (MVP) will go to advance a false narrative and spread inaccuracies. This time it is Secretary of Energy Jennifer Granholm who on Friday, April 21, 2023 wrote a cheerleader’s letter rooting for the MVP, Joe Manchin’s pet project. It is very ironic and even a bit disturbing that she wrote this letter one day after she appeared before the Senate Energy Committee and the very next day after she told me personally that she (or her staff) would meet with me in the next week or two.

I am currently in Washington, D.C. where I attended the Senate Energy Committee meeting on Thursday, April 20. I spoke to the Secretary at the conclusion of the hearing and asked her to meet with me. She indicated that a meeting could be arranged this week or next. But in what appears to be a hastily prepared letter — even possibly dictated by the fossil fuel lobby — she expressed her desire to exert political pressure on the Federal Energy Regulatory Commission (FERC) and other federal agencies.

The Secretary apparently decided that she did not need to talk to those most affected by the project or even entertain an opposing viewpoint. Like many agencies, she did not talk with or listen to any affected landowner and totally continued to perpetrate the social, racial, and environmental injustice concerns that President Joe Biden had just a few hours before expressed that his administration would take seriously.

You can’t have it both ways: You either listen to impacted communities or you don’t. This letter appears to be written to appease Senator Manchin and others in the MVP camp. It is also strange that this letter was filed just before Equitrans Midstream Corporation — the company behind the pipeline — had its shareholder meeting on Monday morning, April 24.

You can’t have it both ways: You either listen to impacted communities or you don’t.

The MVP project is not necessary to support the nation’s energy security and energy supply. Just because they say it is so, doesn’t make it true. It actually would do just the opposite. It would lock us into decades of methane and carbon pollution that the nation or the planet can ill afford. As the lead federal agency for the project under the FAST-41 framework, I feel that the FERC has failed in its regulatory duty to be an independent agency by submitting to inappropriate industry-generated political pressure similar to that which is reflected in Secretary Granholm’s letter. It appears to me to be an attempt to intimidate the commission.

In a letter I just completed and sent to the FERC, I requested that they do their job and follow their charter as an independent agency: to evaluate all projects on their merits and with regard to their impact on climate change and to resist the political pressure placed on them by politicians like Senator Manchin, who would build more pipelines, mine more coal, drill for more oil and gas, despite the fact that it would put us on a fast track to total environment destruction.

I do not believe that the MVP project would help ensure the “reliable delivery of energy that heats homes and businesses, and powers electric generators that support the reliability of the electric system,” despite what Secretary Granholm may state in her letter. This is a 42-inch diameter interstate transmission line which is most likely slated to transmit gas for export.

Infrastructure such as MVP destroys communities, pollutes water, harms our environment, and has no role to play in the clean energy transition. Unproven technologies such as “carbon capture” facilitated by the Bipartisan Infrastructure Law and Inflation Reduction Act are not something you should rely on to fix our climate emergency. With the severe problems we are facing, these proposals are too little, too late.

No new pipeline infrastructure is needed. The rapid growth of hydrogen as an emissions-free fuel is also a misnomer, especially if the hydrogen is produced as a byproduct of more drilling. The transport of carbon dioxide through a pipeline might be the most dangerous thing we could ever do. I believe Secretary Granholm herself knows better than what she stated in her April 21 letter.

As extreme weather events continue to put strain on the U.S. energy system, we must quickly transition to green energy and continuing to build pipelines cannot be part of that transition. The MVP project would, if completed, lock us into decades of climate-busting greenhouse gas emissions as it destroys communities and property across its entire route.

The MVP project would, if completed, lock us into decades of climate-busting greenhouse gas emissions as it destroys communities and property across its entire route.

Now here is the hardly disguised, hard-hitting core message embedded in a (not so funny part of) Granholm’s letter: “While the Department takes no position regarding the outstanding agency actions required under federal or state law related to the construction of the MVP project, nor on any pending litigation, we submit the view that the MVP project will enhance the Nation’s critical infrastructure for energy and national security. We appreciate the Commission’s prompt actions to fulfill its regulatory responsibilities regarding natural gas infrastructure under the Natural Gas Act, and the interagency coordination it provides as the lead federal agency for the project under FAST-41. We look forward to continuing to work with FERC to ensure consumers have access to reliable, cost-effective, and clean energy.”

That was a very strong armed tactic, if I ever saw one. I believe it is totally inappropriate to write such a letter, especially when just one day before she said she would meet with me and the president issued the Executive Order Revitalizing Our Nation’s Commitment to Environmental Justice for All on the morning before she wrote her letter to the FERC. The president said all executive branch agencies have a duty to pursue environmental justice. Apparently Secretary Granholm did not get the message.

Meanwhile, I am still in Washington D.C. waiting to hear from Secretary Granholm. Personally, I don’t understand her rush to write her letter cheering for the MVP. It is also typical of how most government leaders have treated landowners and other citizens in the path of the Mountain Valley Pipeline.

Maury Johnson inspected a section of the plastic coated pipe here

West Virginia is in the Spotlight of transition already
(Click on this image to magnify it)

From the Coalition of Regional Organizations, CCAN, SUN, WV Rivers, CAG, New Jobs & WV-EE

How can the Inflation Reduction Act (IRA) help YOU save money? Join our FREE event on Saturday, March 25th in Wheeling, WV.

For nearly two years, we endured the many bumps and roadblocks traversing the long and winding road that led us to the passage of the Inflation Reduction Act (IRA). Now this historic climate legislation has the potential to deeply impact our lives and the world around us by investing in clean energy, energy efficiency and community development initiatives. But you might wonder…

How will the IRA actually impact YOUR life? Let us tell you!

Join us Saturday, March 25, at 12:30 PM in Wheeling for an exciting FREE in-person presentation on how the Inflation Reduction Act can benefit YOU and your community!

The IRA is full of unprecedented investments and ambitious climate policies that can cut climate pollution 40 percent by 2030 and 50 percent by 2035 while creating hundreds of thousands of family sustaining jobs while advancing racial, economic and environmental justice. Are you in?

Join us March 25 in Wheeling to learn how to sort through this enormous bill and find out how you can personally save money, make energy efficient updates to your home, uplift your community and much, much more!

CCAN will be joining forces with Leah Barbor from Solar United Neighbors, Morgan King from West Virginia Rivers, Dani Parent from West Virginia Citizen Action Group, Brandi Reece from WV New Jobs Coalition and Morgan Fowler from West Virginians for Energy Efficiency to show how individuals, municipalities, and organizations can benefit from millions of dollars of investments contained in the Inflation Reduction Act.

Click here to RSVP for March 25 and learn how you and your community can benefit from these investments.

If you want to learn more but can’t make it to Wheeling, rest assured! We have many more IRA Roadshows planned for the upcoming months. Click this link to learn more about our next stops in Morgantown and Huntington.

Invite everyone you know and we’ll see you there!

>>> Prepared by Holly Bradley, Federal Team, Chesapeake Climate Action Network

Northwestern West Virginia is of primary interest for natural gas development

ATTN: Wade Stansberry, Environmental Resources Specialist, Office of Oil and Gas, WV. Department of Environmental Protection, 601 57th Street, SE, Charleston WV

Re: Permit Number: 061-01914, Well Number: Dolls Run 1H, County: Monongalia, Operator: Northeast Natural Energy

For many years, two separate households of friends who live in Cassville have told me how the noise coming from the Boggess and Lemley fracking well pads made it impossible for them to get a good night’s sleep or to function fully. I have often heard the noise from the Boggess well pad while walking along Sugar Grove Road, several miles away.

So it was with alarm that I saw the permit application for a fracking pad that will be 1.4 miles from our home, situated on a ridge top where the sound will travel directly down Dents Run, along Mel Brand Road and Gallus Road, where we live. We work from home so will be subject to the noise 24/7.

A study done by the WVU School of Public Health (May 28, 2013) for the WVDEP, as requested by the WV State Code: Chapter 22-6A-12(e) regarding the impacts of noise, light, dust and volatile organic compounds (VOCs) generated by the drilling of horizontal wells inconclusively said: Due to the transient nature and/or frequency of sound, the agency recognizes that noises may be perceived as a nuisance, even though measurements indicate no harm.

The noise tests were done between July and October, 2012, when leaves on the trees will dampen noise. Clearly the noise will be worse during the six months when leaves are not on the trees. The acoustics of our valley are such that we could hear our neighbor, whose house was about 200 yards away, when she was talking on her front porch.

An official chart may say that noise levels are within safe decibel levels, but our perception of it could be quite different, depending on many factors. How will this be addressed?

Given how many people live in the Cassville, Sugar Grove and New Hill area, a lot of people will have their health, sleep and ability to function adversely impacted by the constant noise. New Hill has a high density of housing. What noise abatement procedures will be put in place? I saw no mention of this in the permit application.

Further, volatile organic compounds (VOCs), such as benzene, toluene, ethylbenzene, and xylene (BTEX) and other toxic hydrocarbons, such as formaldehyde, released from oil and gas operations and equipment can lead to health impacts ranging from irritation of eyes, nose, mouth and throat to aggravated asthma and other respiratory conditions, blood disorders, harm to developing fetuses, immune system-related diseases, and cancer (e.g., leukemia, non-Hodgkins lymphoma and Ewing Sarcoma).

A study commissioned by the West Virginia Department of Environmental Protection found that, at many sites, a 625-feet distance from oil and gas activity—above the distances set by many states—still resulted in benzene concentrations above levels the Center for Disease Control and Prevention (CDC) considers “the minimum risk level for no health effects.” At least one of the BTEX compounds was found at all of the seven drilling sites examined. from: West Virginia Department of Environmental Protection, Division of Air Quality, “Air, Noise, and Light Monitoring Results For Assessing Environmental Impacts of Horizontal Gas Well Drilling Operations (ETD‐10 Project),” Charleston, WV.

Today, October 5, a community meeting in Canonsburg, PA is scheduled to update residents on PA Health & Environment Studies and to discuss health impacts of shale gas development. Residents are concerned that fracking may be to blame for the spike in rare childhood cancers and other health impacts in Southwestern Pennsylvania. According to the maps provided in the NNE permit application, we will be down wind of the well pad. While we are just beyond the one-mile radius, how can we know that a strong wind won’t carry VOCs over our house?

More importantly, it should be obvious that a warming climate is a threat to everyone on earth. How much money must we spend on the enormous damage done by hurricanes and wildfires, which have all gotten bigger and more frequent as a result of putting more greenhouse gases into the atmosphere. Natural gas may be cleaner to burn than coal but extracting it is much dirtier. Investment in clean energy is the only viable way forward.

In 2012-14, we got a front row seat to a strip mine directly across our fence line and were subjected to blasting, dust and back-up beeping noise. I documented at least 139 times that our house was shaken by blasts from the Bucy 1, 2 and 3 strip mines. Bucy 3 Mine, in front of our house, is still sitting there, abandoned. Why do we have to keep fighting theses battles? Why do so many people have to pay the price so that a handful of people can make money?

Why does this new well pad have to be placed on a ridge top where it will have maximum impact in all directions? I request that this permit be denied, based on how many people will be negatively impacted by the noise and pollution. I would also request written notice of the permit decision.

Sincerely, Betsy Lawson, Monongalia County, WV

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See Also: A Guide to Every Permitted Natural Gas Well in West Virginia by Al Shaw (ProPublica) and Kate Mishkin (Charleston Gazette-Mail), March 6, 2019

Residual Waste is toxic brine, as with the diesel truck exhaust gases

From an Article by Michael Barrick, Appalachian Chronicle, September 18, 2022
.
.
WESTON, W.Va. – We read in Ecclesiastes that there is a season for everything, including a time to be silent and a time to speak. By now, I had hoped to be silent. As a pensioner, I was hoping to hang out with my family, do some hiking, and to travel a bit. In short, I’m just trying to live a peaceful life. The only problem is that corruption and violence are so rampant that they can’t be ignored.

Silence in the face of violence is compliance with it. (To hear a beautiful take on that notion, listen to “Medicine” by the Americana band Rising Appalachia). So my season of silence is over.

For nearly a decade, before I tried to step back a few months ago, I had written more than 100 articles about the public health, safety and environmental dangers of fracking and related pipeline development. I’ve also written about Mountaintop Removal and efforts by environmental activists to protect the pristine Appalachian Mountains. What West Virginia Senator Joe Manchin and his fossil fuel cronies have inflicted upon the people and land of West Virginia and Virginia in attempting to build the Mountain Valley Pipeline (MVP) is nothing short of a violent assault upon the people and land.

In building the now-abandoned Atlantic Coast Pipeline (ACP) and the MVP, energy companies EQT, Duke Energy and Dominion and their subcontractors have been ruthless, as the articles below reveal. (Note: some links within articles may no longer be valid). This collective chronicle of the gas industry’s tactics reveal deceit, threats and destruction. The MVP remains uncompleted only because of the people in its path. A coalition of individuals and groups have stalled it primarily through successful legal and regulatory challenges, not to mention dogged determination.

These articles – the first published Aug. 4 2014 – demonstrate what a roller-coaster ride of emotions and betrayal landowners and environmentals have experienced. They succeeded in shutting down the ACP and had the MVP on the ropes. Investors were nervous.

However, it appeared that all of that work against the MVP may have been undone in a behind-closed-doors deal between Senate Majority Leader Chuck Schumer and Joe Manchin to get Manchin’s essential vote to pass the Inflation Reduction Act. That deal was supposed to streamline the permitting process for the MVP.

However, E&E News Energy Wire is reporting that may not be enough to salvage the beleaguered and long-delayed project. According to the article, a primary obstacle may be legislation announced and sponsored by West Virginia’s other Senator, Republican Shelley Moore Capito. The Republican proposal is picking up bi-partisan support. The E&E News article details how legal and regulatory challenges could still derail the MVP should the proposal pass, as it would not allow the MVP to bypass judicial review.

Though this is hopeful news, this fight is far from over. There is simply too much money changing hands. So, keep up with this story and support any effort to thwart the shady dealings of Schumer and Manchin.

These articles would not have been possible without the cooperation of my family and the subjects of the articles. They are the brave souls willing to share their stories, allowing me insight, facts and documents to support my enterprise and investigative reporting; additionally, contributions from other writers have served to enrich our reporting.

So, while it may take you a while, please read through our past articles. You will see that the fossil fuel industry hasn’t changed tactics in over a century. Only this time, instead of using Baldwin-Felt thugs to do their dirty work as they did during the West Virginia Mine Wars in the early 1920s, today’s energy executives hatch their plots on Manchin’s “Almost Heaven” yacht moored on the Potomac River.

Methane emissions cause ozone pollution (near term) & climate change (long term)

From an Article by Michael Booth, Colorado Sun, July 25, 2022

DCP Operating Company LP settles with federal and state officials over allegations of failing to detect gases contributing to Front Range ozone. This Colorado natural gas processor will pay a $3.25 million fine in a settlement with federal and state air pollution officials, after allegations the company failed to detect and repair leaks that contributed to worsening ozone problems on the northern Front Range.

DCP Operating Company LP and five related subsidiaries will pay the fines and make repairs, in a consent decree announced by the regional Environmental Protection Agency office in Denver after allegations of leaks and failure to repair at gas processing locations in Greeley, Platteville and other Weld County locations. Weld County is part of the EPA’s northern Front Range nonattainment area for ongoing ozone violations, and state and local governments must come up with plans to cut emissions that contribute to the health-harming gas.

The decree says DCP does not admit to liability for the allegations, but will have to pay the fine and also invest millions of dollars in equipment and systems to prevent new leaks. The decree was negotiated with EPA, the U.S. Department of Justice, and the Colorado Air Pollution Control Division, part of the state health department.

“Enforcement actions like this are critical to improving air quality, particularly in places facing air quality challenges like Weld County,” Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division said in a statement. Soon after the fine announcement, the state health department issued another Ozone Action Day Alert for the Front Range, one of many so far this summer, warning vulnerable residents to avoid too much outdoor activity for 24 hours.

“EPA continues to deliver cleaner air through the rigorous enforcement of the Clean Air Act,” EPA Regional Administrator KC Becker said in a statement. “This settlement will reduce emissions of over 288 tons of volatile organic compounds and 1,300 tons of methane from production areas near northern Colorado communities, a majority of which are disproportionately impacted by pollution.”

Colorado Department of Public Health and Environment Executive Director Jill Hunsaker Ryan credited state inspectors and enforcement personnel from the air division’s leak detection and repair program. She said the settlement will go to the state’s Community Impact Fund, which helps pay for local environmental justice projects.

DCP will now have to bolster leak detection and repair at facilities in the Greeley, Kersey/Mewbourne, Platteville, Roggen, Spindle, O’Connor and Lucerne processing plants, and the future Bighorn plant. The requirements include new equipment that leaks less, tightening compliance with rules, repairing leaks faster, and staff training. The decree says the company will also use optical imaging technology to find and repair leaks faster.

One repair on two turbines at the Kersey/Mewbourne plant will cost $1.15 million, and is expected to reduce VOCs there by 26 tons a year, and methane by 375 tons a year, according to the agreement. Natural gas processing facilities separate impurities and liquids from the gas. Methane also contributes to global warming, multiplying greenhouse gases by dozens of times the rate of carbon dioxide emissions.

Ground-level ozone causes respiratory illness, aggravates asthma, and can worsen existing heart disease.

A related company, DCP Midstream, was fined $5.3 million by New Mexico regulators in 2020 for alleged repeated violations of state air pollution emissions rules.

EPA and state officials say they are focusing tightly on northern Front Range oil and gas operations. The EPA last year reached a $1 million settlement with Noble Energy over alleged violations from oil tank batteries in Weld County floodplains.

DCP said in an email statement that the company started working on some of the fixes in the decree as early as 2019. “The settlement agreement resolves an administrative enforcement matter with the EPA and the State of Colorado and is also in line with our commitment to responsible environmental management and sustainability,” said DCP manager of public affairs Jeanette Alberg. The agreement “is consistent with our ongoing efforts to reduce emissions within our company footprint and is a positive outcome for all of our stakeholders,” she said. DCP is also upgrading Colorado facilities not mentioned in the settlement, the company said.

Environmental groups responded with skepticism, noting a recent hearing in front of the Air Quality Control Commission where northern Front Range cities said their own studies showed emissions are not down.

“This just continues to underscore the oil and gas industry’s rampant noncompliance with clean air laws and the terrible toll that continues to be taken on air quality along the Front Range,” said Jeremy Nichols of WildEarth Guardians. “Studies have basically confirmed that oil and gas industry emissions have not decreased over the years. It’s good that regulators are pressing DCP, Nichols said, “but it doesn’t seem like industry is truly changing its ways and doing everything it can and should to comply.”

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CLEAN AIR COUNCIL Recommendation ~

Tell the EPA to finalize the strongest air pollution regulations possible. This includes a ban on gas flaring or venting unless in absolute emergencies, consistent methane monitoring at all oil and gas facilities (including smaller, leak-prone wells), and requiring “no-bleed” pneumatic controllers and pumps at all gas wells and compressor stations.

Senator Joe Manchin gets more messages, does he listen?

Press Release from Gary Zuckett, WV Citizen Action & Morgan King, WV Rivers Coalition, July 15, 2022

Charleston, W.Va.– Senator Joe Manchin announced that he wants to delay a plan to use the money that wealthy corporations owe to pay for desperately needed projects to help our climate and workers.

In response, the West Virginia Climate Alliance submitted a letter to Senator Manchin. When the letter was sent, the Alliance requested an in person meeting with Senator Manchin, noting they had not been able to meet with the Senator in over a year to discuss grassroots concerns about climate impacts in the state.

“Every day that we delay taking action on the climate crisis makes our weather more extreme and the implementation of solutions even more challenging. The country, and indeed the planet, need Senator Manchin to negotiate in good faith on a bill addressing the climate crisis with the goal of keeping global warming below an increase of 1.5 degrees Celsius. Passage of this bill should not be contingent on a one month inflation report,” said Perry Bryant, founder of the WV Climate Alliance.

Manchin’s move comes just one day after more than 100 homes, roads and bridges in McDowell County, WV were damaged from climate-related flooding. The Climate Alliance representing dozens of regional groups underscores the urgency of the climate crisis; and, a rally at Manchin office took place on Monday, July 18th.

The Rev. Jeffrey Allen, executive director of the West Virginia Council of Churches, stated, “Climate change is a crisis of today. It’s flooding in West Virginia and Virginia; fires in the West; and drought here and abroad. There is an enormous cost that we already bear due to our lack of action and it’s a cost being borne by our neighbors. Passing climate change legislation is as local as it gets. This legislation is not only for our neighbors, but for all of those people who we care deeply about. For their sake, we cannot afford to delay any longer.”

Karan May, Sr. Campaign Representative, Sierra Club: “Folks in Appalachia are among the hardest hit by the effects of climate change. West Virginians are paying the price for poor health outcomes from pollution; here and in Kentucky and Southwest Virginia, year after year, we are paying the enormous price for catastrophic flooding. Senator Manchin has the opportunity to facilitate meaningful change for his constituents and, yet, is choosing to walk away from legislation that could help alleviate this suffering. We will continue to fight for policy that will address the climate crisis, while also putting money back into our communities with investments in clean energy and sustainable economic development.”

Linda Frame, President of the WV Environmental Council, said “After a year of good-faith discussions with Senator Manchin and his team it’s hard not to be deflated by this latest delay. We continue to urge Senator Manchin to seize this opportunity to do the right thing for our state, our country, and our planet because the alternative is unthinkable.”

Eve Marcum-Atkinson, Comms. Coord. For WV Citizen Action Group said that “The overall cost of building climate change resilient infrastructure, as well as the transition to a clean energy economy, can be paid for now. Tax minimums for millionaires and the elimination of zero-tax-paying loopholes for corporations are how we do this. They have financially benefited from our people’s labor, our nation’s infrastructure, and our economy. We need them to pay their fair share to help us all, as we continue to struggle with the effects of rising prices, increases in dangerous storms, record temperatures, drought, flooding, and more. We need Senator Manchin to fully embrace this now, as climate change is a now issue, a global issue. It’s not going away.”

Dana Kuhnline, Campaign Manager for ReImagine Appalachia said that “No matter our race or income, we want to live and raise our families in healthy and safe communities. Done right, the reconciliation bill is an opportunity to create bridges across our differences rather than making them deeper. Appalachia has been hit hard both by climate change impacts and global energy shifts – with Black and brown communities seeing disproportionate impacts. At the same time, we have an incredible opportunity to mitigate the climate crisis by investing in the communities hardest hit. Appalachian communities need action from Congress, this delay on key climate provisions not only hurts communities struggling with flooding and job loss due to the downturn of the coal industry, it pushes back other urgent actions we need to see from Congress.”

Morgan King, climate campaign coordinator of WV Rivers Coalition said that “Promoting good energy legislation is part of Senator Manchin’s role as chair of the Energy and Natural Resources Committee. We call on him to not further delay action on the issues he proclaims to champion. It’s past time to listen to the science that shows a transformational clean energy transition will mitigate climate change while saving lives and creating new jobs.”

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FOUNDED in 2020, the WEST VIRGINIA CLIMATE ALLIANCE is a broad-based coalition of almost 20 environmental organizations, faith-based, civil rights and civic organizations, and other groups with a focus on climate change. Members of the Alliance work together to provide science-based education on climate change to West Virginia citizens and policymakers.

FOR MORE ON THE CLIMATE ALLIANCE, VISIT: WVClimateAlliance.org