Don’t Allow More Toxins in West Virginia’s Waters

From the West Virginia Rivers Coalition, 5/11/20

Watch our new video fact sheet on human health criteria by clicking here in this sentence.

Source: WV Rivers Coalition, Charleston, WV

Right now, in the midst of a public health crisis, the WVDEP is proposing to allow even more dangerous toxins in our water. Act Now! Tell WVDEP to respect your water and your health, don’t allow more toxins in West Virginia’s water!

WVDEP’s proposal is related to a critical portion of West Virginia’s water quality standards called human health criteria. Human health criteria determines how much of a dangerous toxin can be in our water before it harms our health.

West Virginia’s current human health criteria is based on data that is nearly 40-years old and citizen advocates have long fought for more protective criteria. Sadly, WVDEP’s proposal exposes us to higher amounts of certain toxic chemicals and known carcinogens. It also leaves out updated protections for several toxins the EPA has recommended WV to adopt since 2015.

Enough is enough! Demand WVDEP respect your water and your health, tell them not to allow more toxins in West Virginia’s water.

Act Now — It’s hard to believe that WVDEP is even considering such a proposal at a time when public health is a global priority. Speak up for clean water and public health! Tell WVDEP not to allow more toxins in our water!

You can submit comments on the proposed rule through May 19th. So Act Now on this important issue. See our WV Rivers Coalition website here for more information.

West Virginia Rivers Coalition
3501 MacCorkle Ave SE #129 | Charleston, West Virginia 25304
304-637-7201 | wvrivers@wvrivers.org

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WV-DEP Public Notice of Intent to Approve Permit R13-2896B

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WV-DEP, Friday, November 22, 2013
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AIR QUALITY PERMIT NOTICE —  Notice of Intent to Approve

On August 21, 2013, Blue Racer Natrium, LLC applied to the WV Department of Environmental Protection, Division of Air Quality (DAQ) for a permit to modify a natural gas processing facility located off of State Route 2 at 14787 Energy Road, Proctor, Marshall County, WV at latitude 39.757031 and longitude - 80.858747.  A preliminary evaluation has determined that all State and Federal air quality requirements will be met by the proposed facility.  The DAQ is providing notice to the public of its preliminary determination to issue the permit as R13-2896B.

The following increase in potential emissions will be authorized by this permit action:  Particulate Matter less than 10 microns, 1.18 tons per year (TPY); Sulfur Dioxide, 0.08 TPY; Oxides of Nitrogen, 10.41 TPY; Carbon Dioxide Equivalents, 10,139 TPY.

The following decrease in potential emissions will be authorized by this permit action:  Carbon Monoxide, 13.87 tons per year (TPY); Volatile Organic Compounds, 58.48 TPY; Total Hazardous Air Pollutants, 5.09 TPY.

Written comments or requests for a public meeting must be received by the DAQ before 5:00 p.m. on Monday, December 23, 2013.  A public meeting may be held if the Director of the DAQ determines that significant public interest has been expressed, in writing, or when the Director deems it appropriate.

The purpose of the DAQ’s permitting process is to make a preliminary determination if the proposed modification will meet all state and federal air quality requirements.  The purpose of the public review process is to accept public comments on air quality issues relevant to this determination.  Only written comments received at the address noted below within the specified time frame, or comments presented orally at a scheduled public meeting, will be considered prior to final action on the permit.  All such comments will become part of the public record.

Jerry Williams, P.E.
WV Department of Environmental Protection
Division of Air Quality
601 57th Street, SE
Charleston, WV  25304
Telephone:  304/926-0499, ext. 1223
FAX:  304/926-0478

Additional information, including copies of the draft permit, application and all other supporting materials relevant to the permit decision may be obtained by contacting the engineer listed above.  The draft permit and engineering evaluation can be downloaded at:

www.dep.wv.gov/daq/Pages/NSRPermitsforReview.aspx

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At a public meeting held Thursday evening in Morgantown at Skyview Elementary School,  West Virginia Department of Environmental Protection Secretary Randy Huffman faced a crowd of incensed citizens.  The approval of two drilling permits within 1500 feet of the Monongahela River, 3000 feet from a public water intake, and close to two public schools has galvanized the Morgantown community into action.  Barry Pallay, cochair of the WV/PA Watersheds Compact, referred to the contentious permit as a “poster child for a permit that should not be approved”.   The Compact and The League of Women Voters cosponsored the meeting.

Slightly more than 200 people had turned out for the meeting to learn about and discuss the negative impacts of Marcellus shale drilling.  Roughly a third to a half had left before Huffman spoke in the latter part of the three hour program.  Pallay introduced Huffman and asked, “Using the powers you have, can you put together a regulatory program to protect the area” and the state?   Huffman explained that the oil and gas regulatory program in use now was developed for conventional vertical gas wells, not the new technology of horizontal drilling.  ”Quite frankly, our regulatory structure isn’t prepared to deal with it.”  The WVDEP, recognizing that the agency lacked the authority and the funding needed to properly regulate the industry, developed a 200 page hydraulic fracturing bill in 2010 which was introduced in the Legislature.  The West Virginia Legislature failed to pass any legislation relating to hydraulic fracturing in the 2011 session other than a bill that granted a tax credit package to industry primarily to provide incentives for chemical industry development.

The impacts of horizontal drilling on roads, water, air and public health and safety have not been considered in the aggregate.  ”We are learning so much about what is going on, we are making changes in our thinking every day” said Huffman.  At which point an audience member shouted, “Why don’t you stop the drilling until you know what you’re doing?”  Other audience members joined in the shouting; Pallay had to restore order.  ”I do not as the cabinet secretary of the DEP have the authority to stop gas drilling in the state of West Virginia,” Huffman said at one point in response to that sentiment in the room.  Two resolutions were presented and passed.  One calls for a moratorium on issuing permits until a regulatory framework is in place.  The second calls for the WVDEP evaluate permit applications for public health and safety impacts, flag those with potential problems, and seek public input regarding those flagged.  Huffman pledged to re-evaluate the DEP’s air quality control measures, and agreed that evaluating permits for public health and safety concerns, and flagging problem permits for further review is worth considering.

Morgantown Utility Board (MUB) General Manager Tim Ball spoke to concerns of the residents about potential for contamination of the drinking water supply.  He informed the crowd that MUB staff are at the drill site almost every day observing the safety tests and the results.  MUB also plans to conduct routine testing of the water in the Mon River at the base of the pad and at the intake. Contingency plans have been developed in the case of a spill or other contamination event.  The Cobun Creek reservoir can serve as an alternate water source for nine days. MUB is also planning on installing a backup intake upstream of the well pad.   Audience members asked who would cover the expenses of these additions to the system.  At this point in time, the costs are borne by the citizens.  Pallay called for a resolution to hold the drilling company responsible for these costs via a bond.  The audience approved that resolution.

Morgantown Deputy Mayor Don Spencer updated the crowd about the progress of the Morgantown City Council.   City Council is developing a resolution which calls for several items that were included in draft legislation that failed to pass the legislature this spring, and a few items that were not included in the legislature draft bills.   The City Council will have a first reading of a council resolution on June 7th.  A public hearing will be scheduled before the second reading of the council resolution.

Full story: Dominion Post by David Beard reprinted in Charleston Daily Mail

Concerned citizens showed up in force at the City Council meeting on Tuesday evening in Morgantown, WV.   About 20 people addressed the council members with concerns regarding a permitted Marcellus shale well near the Monongahela River within 3,000 feet of a public water intake that serves 100,000 people.   Many inquired about getting an injunction to stop the drilling of the wells permitted to Northeast Natural Energy, a West Virginia company.   The council responded with a letter to Randy Huffman, the Secretary of the WVDEP, supporting the permit modifications proposed by the Morgantown Utility Board.  The letter was faxed on Wednesday the 18th.  The WVDEP negotiated with Northeast and a modified permit which complies with the MUB requests is expected to be completed today.  Drilling can be expected to start as soon as the permit is issued as modified.

Wednesday morning, an estimated 120 concerned citizens assembled at the Courthouse Square in downtown Morgantown to protest the  controversial well permit.   Delegates Barbara Fleischauer and Charlene Marshall addressed the crowd to discuss their work on the issue of regulation of hydraulic fracturing.   Several citizens addressed the crowd, sharing their concerns about various aspects of hydraulic fracturing including the impact of industrialization on West Virginia, water contamination, air pollution, lack of regulation and lack of funding for the West Virginia Department of Environmental Protection.  Attorney Hiram Lewis, who represents clients with water contamination problems in Wetzel County, told that water is being contaminated with acrylonitrile, a toxic substance that is not being checked by testing.  He also observed that the concrete well casings may be incapable of withstanding the forces of fracking and may crack.  He stated that there is no proof that well casings can withstand more than 7,000 psi and that frack pressures exceed 10,000 psi.

As the protest demonstration was going on in the square outside the courthouse, inside the courthouse the County Commissioners were meeting.  Duane Nichols, representing the Mon Valley Clean Air Coalition, presented a position statement which expressed opposition to hydraulic fracturing in the Mon River Valley, noting in particular  dangerous threats to air quality.  ”The two Marcellus wells recently sited at or near the Morgantown Industrial Park are too close to the other facilities of the Industrial Park, too close to the Skyview Elementary School, too close to the Westwood Middle School, too close to the County Athletic Field between these schools, and too close to the City of Morgantown.”   Marc Glass is a certified soil remediation specialist who lives near the controversial drilling sites.  He described the Superfund site currently within the Morgantown Industrial Park where the wells are planned and the  proximity of a hazardous waste dump, both of significant concern if these come into contact with drilling fluids.  Glass also described the activities of the EPA and the Department of Energy toward developing best practices for drilling operations.

The three Commissioners agreed that that action at the state level is needed.  They agreed to draft a letter to the governor to call for a Special Session to create law for hydraulic fracking and pointing out that an untenable situation exists in West Virginia due to risks and uncertainties involved in Marcellus gas projects.

The WVDEP Office of Oil and Gas issued cease operations orders to Antero Resources Appalachian Corp. and Bronco Drilling on Monday, March 21st, the same day that a citizen complaint was turned in.  WVDEP inspectors documented that drilling “mud” had flowed into Indian Creek in Harrison County.  The source of the contamination was a spill of the drilling fluid at the  Antero O. Rice well pad adjacent to Indian Run.  Bronco Drilling was the operator of the drill rig on the pad.

Drilling mud is a fluid used in the drilling process to keep the drill bit cooled, seal off corrosive salty water in the shale from the borehole, and assist in removing drill cuttings.  Diesel based mud has been a favorite of industry but it is unknown what type of mud was used by Bronco at the time of this writing.

Because Bronco allowed pollutants to flow into the stream, Bronco’s operations in West Virginia were ordered to be halted until the company developed a spill prevention plan for all state activities.  Per Kathy Cosco, WVDEP spokesperson, on Thursday the company was allowed to resume operations after producing a spill plan, making corrections at other drilling sites, and agreeing to pay a $15,000 civil administrative penalty.

Antero was ordered to cease operations at the O. Rice well pad but the company had already finished drilling and was breaking down the drill rig.  Antero must submit proposals for soil sampling and remediation, surface water sampling and removal of any pollutants found, and testing and monitoring of all water wells within a 2,000-foot radius of the well pad or testing for groundwater contamination if no water wells exist within the prescribed parameter.

The site of the spill from the O. Rice pad is about 3 miles north of Salem, WV.  Salem’s Public Works Director, Ronnie Davis, assured water customers that Salem does not use water from Indian Run.  Indian Run flows northeast and joins 10 Mile Creek.

Click here for the full Clarksburg Exponent Telegram story, March 27.   There is no fee for visiting this newspaper site but there is a brief online registration form which must be completed to access news content.

On Friday West Virginia lawmakers approved an $11.4 billion state spending plan for the budget year that begins July 1.  The budget did not include the extra two million dollars that acting Gov. Earl Ray Tomblin requested be added for the hiring of additional WVDEP field inspectors to oversee the burgeoning Marcellus shale gas industrial activity.    Full story here.

Acting Governor Earl Ray Tomblin has reacted to the press conference today at which Delegates Mike Manypenny (D-Taylor) and Barbara Fleischauer (D-Monongalia) presented a letter signed by 19 WV delegates calling for a cessation on issuing new drilling permits.  Tomblin is opposed to any moratorium.  He reasserted his faith that the WVDEP can adequately deal with the impacts of the shale gas industry.  “The (West Virginia Department of Environmental Protection) is ready to implement emergency environmental laws — drilling laws and so forth — to address that problem,” he said “And I think it would be a mistake to do any sort of moratorium at this time.”
Full story here.

Tomblin has requested that the WVDEP receive an additional $2 million in funding in this budget cycle to hire more inspectors.  According to Pam Nixon, WVDEP Environmental Advocate, that would allow hiring 8-10 more inspectors.  Currently there are 13 inspectors and 4 unfilled positions.   In case you haven’t heard yet, the Oil and Gas Division is already responsible for oversight of 55,000 conventional gas wells in West Virginia, 6,000 or so unplugged wells, 13,ooo orphaned wells, and the 900-3000 per year permitted horizontal wells. How many wells must each inspector cover?  Do the math.

What kind of power does WVDEP have to implement new protections?  Can it require setbacks of gas wells of more than 200′ from homes, drinking water supply wells and waterways?  Can it require that pit liners be removed and hauled to toxic waste facilities rather than being buried on site which has a very good chance of leading to contamination of ground water?   Can it require accountability for disposal of wastewater so that the chances of another criminal assault to the environment and safe drinking water such as occurred in the Allan’s Waste Water Services case will be minimized?   We’ll be seeking those answers, but not with a great deal of optimism.

The West Virginia Legislature website has not been fully updated to reflect the amendments to hydraulic fracturing bills over the last 24 hours.  However, it is reported by sources who work at the Capital that the bills have been dramatically abbreviated.  This translates into less protective law.

In review, two versions of bills were introduced to the Legislature, one originating from the Joint Interim Judiciary Subcommittee A, the other from the West Virginia Department of Environmental Protection.  There is an informal agreement between the House and the Senate that the House will process the bills and send whatever is approved to the Senate. The WVDEP bill was 140 pages at the outset of its somewhat chaotic journey through the House under the label HB3042.  On Wednesday the House Judiciary Committee combined HB3042 with HB2878, the Judiciary SubA bill.  But today sources say that that the 210-page combo-bill was aggressively pared down into a 33-page bill and has been referred to the House Finance Committee with the recommendation that hearing of the bill be waived.

There may be more information about what was cut from the bills in the weekly Legislative Update written by West Virginia Environmental Council lobbyist Don Garvin.  Don’s posts appears on the WVEC website at the end of each week.

Meanwhile, in the Senate, SB424, the twin to the introduced version of HB3042, has been reduced to a 66-page document.  It passed out of the Energy, Industry and Mining Committee and is now in Judiciary.

March 2nd is the crossover date.  This is the date by which a bill must be finished in one chamber and crossover to the other.  Stay tuned!