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Entries in Elected Officials (68)

Thursday
May102012

City Council acts to ban ‘fracking’ in water supply area

Athens City Council made several moves on Monday to further expressing its opposition to oil and gas drilling in sensitive areas, specifically the city's wellhead protection zone and the Wayne National Forest.

In a unanimous vote, City Council passed a resolution making certain amendments to the city's wellhead protection plan, including provisions banning the controversial horizontal hydraulic fracturing drilling technique in that area.

The likelihood of any company starting a "fracking" operation in the city are relatively small, but City Council members decided to include to take a stand anyway.

In any event, Ohio Revised Code relegates all oil and gas drilling and wastewater disposal regulatory authority to the Ohio Department of Natural Resources' Division of Mineral Resources Management.

The ODNR has said that it does not take municipal law into consideration when deciding whether to grant drilling permits, though it can exercise stricter regulations to protect water and other resources in urban areas.

In council's revisions, the first provision bans "drilling, mining, exploration and extraction operations, including but not limited to, petroleum gas and minerals," while the second bans "the storage and/or disposal of wastewater and other byproducts associated with drilling, mining, exploration and extraction operations."

Athens Law Director Pat Lang has said that as an adviser to the body, he has let members know that the language has the potential to be problematic.

Meanwhile, the body also moved forward with a resolution requesting Wayne National Forest to conduct an environmental impact statement prior to the release of any forest lands to the Bureau of Land Management for oil and gas leasing.

City Council stated that an environmental impact study is the only way that the city's water, air and economy can be assured of protection from potential harmful effects stemming from damage to Wayne lands as a result of drilling.

"The city of Athens calls upon the Wayne National Forest to complete an environmental impact statement process prior to the release of any surface or subsurface rights for oil and gas leasing under its jurisdiction," the resolution states. "The city recognizes that Wayne National Forest is legally obligated under the National Environmental Policy Act to consider regional impacts of significant activities on any and all Wayne National Forrest lands. Furthermore, Wayne National Forest is under legal obligation to consider how leases on its land add cumulatively to total impacts that will be experienced in our region."

http://www.athensnews.com/ohio/article-36853-city-council-acts-to-ban-lsfrackingrs-in-water-supply-area.html

 

Tuesday
May082012

Lobby the Forest Service to not allow leasing of Wayne forest for fracking

To the Editor:

This letter is intended for Anne Carey, supervisor of the Wayne National Forest.

Hello, Ms. Carey, I understand the Forest Service has yet to decide whether or not to lease acreage to the BLM for fracking along the Hocking River. Can this be true? If so, what on earth is there to decide? It seems to me to be a no-brainer!

The Forest Service received a barrage of letters from local citizens, including Ohio University President McDavis, reminding the Forest Service that the Hocking is the drinking water source for the region, not to mention providing water for crops. Athens city gets ALL of its water supply from wells in unconsolidated river aquifers.

Athens County is a model nationwide for a growing, sustainable, local food system. Have you been to the Athens Farmers Market? If you haven't, please do yourself a favor.

Fracking involves the use of carcinogenic chemicals such as benzene and other unnamed chemicals/poisons. It uses MILLIONS of gallons of water. Imagine huge trucks 24/7 taking the contaminated, irradiated water away. Just supposing an accident happens and a truckload spills into the river? Then what?

Recall the truckload of toluene (similar to benzene) that spilled into the creek near Millfield in the early '80s? Fortunately, it was a warm day and it rolled into foam; had it been cold that day, it would have gone into the creek as a liquid. Fracking near the Hocking River would be MONUMENTALLY stupid. I urge you to nip this one while it's still in the bud!

I encourage any/all of you reading this to write a letter to her with your feeling/opinion about this issue:

Anne Carey, supervisor

Wayne National Forest

13700 U.S. Rt. 33

Nelsonville, OH 45764

http://www.athensnews.com/ohio/article-36804-lobby-the-forest-service-to-not-allow-leasing-of-wayne-forest-for-fracking.html

Tuesday
May012012

Reporting of fracking and drilling violations weak

WILLIAMSPORT, Pa. (CNNMoney) -- For Pennsylvanians with natural gas wells on their land, chances are they won't know if a safety violation occurs on their property.

That's because the state agency charged with regulating the wells -- the Department of Environmental Protection (DEP) -- does not have to notify landowners if a violation is discovered. Even if landowners inquire about safety violations, DEP records are often too technical for the average person and incomplete.

While some landowners would like more transparency around safety issues, as a group they are not pushing for stronger regulations. Landowners, who are paid royalties by the companies that drill on their property, generally want the drilling to proceed.

Violations: In February, CNNMoney spoke with four families in Lycoming County, Pa., about violations issued against natural gas wells on or near their property.

The families have a total of 26 natural gas wells among them. They've received royalties from the wells, ranging from the low hundreds to hundreds of thousands of dollars over the last few years.

Yet none said they had ever been notified by the DEP or any of the well operators that wells near their homes had been cited for what DEP's website said were 62 safety violations over four years.

"We had no idea that there were any violations," said Dan Bower, who lives next door to his mother, Jane, and her five wells.

"We should have been contacted or something," echoed Neil Barto, another well owner.

DEP says that in cases in which violations pose risk to human health, they "certainly notify landowners."

The violations range from simple things such as improper signage toserious infractions such as subpar cementing -- which according to DEP can allow gas to seep out of a well and in some cases "has the potential to cause a fire or explosion."

While the violations are posted online, the digital records are short on specifics -- most importantly whether a violation poses a health risk.

A time consuming process: If landowners want to inquire about all violations on their property, DEP says they should do an in-person file review of the state regulator's documents relating to each well.

The agency declined multiple interview requests, but assured CNNMoney that an in-person review would contain records of any communication with landowners about violations. CNNMoney conducted a file review in late March.

The process required a visit to the regional DEP office, which had to be scheduled weeks in advance. 

But even then, the details discovered were largely in legal and technical language.

In approximately 1,000 pages of documents for the 26 permitted wells, there was only one record of any communication DEP had with a landowner about a violation.

A letter was sent to indicate that a spill of fluid used for drilling on Jane Bower's property had been cleaned up, but the recipient's name was redacted.

Both Jane and Dan say they never received such a letter, even though DEP fined Chief Oil and Gas, the operator of the well at the time, $2,100 for the five barrel spill. There were no details of this spill on the DEP website.

The file review revealed there was also a spill of 294 gallons of 'frac fluid' at the same Bower well. The fluid is what is used in hydraulic fracturing, a process where water, sand and a small amount of chemicals, are injected into shale deep underground to fracture the rock and release gas.

There was no mention of this spill in DEP's online records, and the paper records did not clearly indicate whether the ground water was tested after the spill.

It is not clear from the physical records whether these spills, or any other violations reviewed, ever posed a threat to human health.

The well operator at the time, Chief, said it did not.

But David Yoxtheimer, a hydrogeologist at Penn State's Marcellus Center for Outreach and Research, said there's not enough information to say for certain.

He said that if the Bower spills had gotten into surface or ground water then they "could have a water quality impact of low to moderate severity," but that such a risk would depend on site-specific factors not available in the files.

Landowner apathy: Despite the violations, it's not clear that the landowners are doing all in their power to check for violations on their property. 

Neither the Bowers nor the Bartos have a computer to check for violations, and neither plans on changing that.

"I sure as hell am not gonna buy one to check DEP," Neil Barto said.

All four families continue to support the drilling and note it has been aboon to the local economy. The Bartos, who have six wells on their property, say they have made about $150,000 in royalties off of the wells on their property in the last three years.

Plus, increased regulation is not a priority for them. That's a fairly common viewpoint among landowners.

"In our experience, landowner groups have been focused on advancing expanded drilling to maximize royalty payment opportunities, and have generally been opposed to increased regulation," said Kate Sinding at the Natural Resources Defense Council.

And that, says the NRDC, could be delaying further regulation for the industry, or taking pressure off regulators to report violations more clearly.

"Advocacy for those kinds of protections would undoubtedly carry more weight were they to come from landowners themselves, as opposed to the environmental community," Sinding said.

-- with additional reporting by CNN's Poppy Harlow To top of page

Tuesday
Apr242012

Trustee board wonders: Will law allow OU to say no to fracking?

OU legal and financial officials told members of the Board of Trustees Thursday that while the university is trying to stake out a position that it can veto any attempt to drill for oil and gas on its land, they don't know for sure whether state regulators will read a new law that way.

Ohio Substitute House Bill 133, which changed the rules on drilling for oil and gas on state-owned lands, is "very vague," Nicolette Dioguardi, OU associate director of legal affairs, told the board.

She said that based on the wording of the law, university officials believe they will have the last word on whether to allow drilling on OU-owned land, and they plan to assert that position. Whether the state will agree with that stance or not, however, remains to be seen, she suggested.

State regulators have interpreted a similar law, H.B. 278, as barring local governments from regulating oil and gas drilling operations in municipal or county limits in any way.

Stephen Golding, OU's vice president for finance and administration, however, echoed Dioguardi's assessment, saying the university will act on the assumption that it can say no to drilling if it so chooses.

"I would say that we are taking that position," Golding said, though he, like Dioguardi, said it's still unclear how the state will interpret the dictates of the new law.

"We're trying to do a delicate balancing act, if you will," he explained. "There are no rules… We are staking out a position. The question is, will that position be upheld?"

Dioguardi added that the board has a "window of opportunity" prior to June 30, to enter into leases under the terms it wants with any drilling companies. After that, the new commission process will kick in.

The state of Ohio is currently being eyed by the oil-and-gas industry for possible widespread drilling for oil and/or natural gas in deep underground shale beds, using the controversial "horizontal hydraulic fracturing" technique. It's popularly known as "fracking."

However, recent maps released by the Ohio Department of Natural Resources showing the prime Utica shale prospects in Ohio exclude Athens County from that area. Experts, though, seem to agree that nobody will know the local oil and gas resources until someone drills one or more exploratory wells. No permit applications for any such wells have been filed for Athens County.

Click to read more ...

Friday
Apr202012

Energy company seeks water from eastern Ohio reservoir for fracking

By Bob Downing 
Beacon Journal staff writer

The Muskingum Conservancy Watershed District is expected to vote Friday on allowing an energy company to tap into a lake in eastern Ohio for fracking water.

Oklahoma-based Gulfport Energy Corp. wants to take up to 11 million gallons of water from Clendening Reservoir in Harrison County to hydraulically fracture, or frack, a natural gas well it is developing.

The watershed district’s governing board will be asked to approve a temporary water agreement with Gulfport. The price has not been finalized, officials said.

Clendening Reservoir typically holds about 8.6 billion gallons of water.

A temporary pipeline would be built to move the water from the lake to the drilling site, district spokesman Darrin Lautenschleger said.

He said that would eliminate between 900 and 1,200 one-way trips by tanker trucks.

The district, based in New Philadelphia, signed a lease with Gulfport last year on 6,400 acres at Clendening Reservoir.

It was paid a signing bonus of $2,800 per acre plus a 16 percent royalty on any gas or oil produced.

From the signing bonus, the district is using $15.6 million to defray debts and make infrastructure improvements to recreational facilities, Lautenschleger said.

The water agreement with Gulfport marks the first contract approved by the district to provide water to a company drilling into Ohio’s Utica shale formation thousands of feet underground.

The pact would allow the district to cut off water delivery if recreational or environmental problems surface, Lautenschleger said, but officials do not anticipate any problems.

In the past, the district has provided water on a temporary basis for farmers suffering from major droughts, he said.

The watershed district has had inquiries from a dozen drilling companies about selling water from six of its reservoirs in eastern Ohio.

The district’s 18-judge panel, known as the Muskingum Watershed Conservancy Court, is expected to deal on June 2 with a selling price for water that could allow additional deals to advance.

Last month, the district signed an agreement with the U.S. Geological Survey to assess the effect of withdrawing water from three lakes: Atwood Lake in Carroll and Tuscarawas counties, Leesville in Carroll County and Clendening, Lautenschleger said.

That study would give the district a better idea what could happen if large volumes of water were sold to drillers, he said.

The district owns 54,000 acres of land and water in 13 counties, from the Akron area south to the Ohio River. Included are 14 reservoirs.

The other reservoirs where drillers have inquired about water are Leesville, Seneca­ville Lake in Noble and Guernsey counties and Tappan Lake in Harrison County.

Chesapeake Energy Corp., the No. 1 oil-gas player in eastern Ohio, is buying water from the city of Steubenville. It has also purchased water from other communities and from landowners with wells being drilled.

Some drilling companies have legally tapped water from small streams in eastern Ohio.

 

http://www.ohio.com/news/local-news/energy-company-seeks-water-from-eastern-ohio-reservoir-for-fracking-1.300894

Friday
Apr202012

Fracking-Linked Quakes Spurring Regulations

With scientific evidence emerging that wastewater from oil and gas drilling is the possible cause of earthquakes, states are adding new requirements for disposal wells.

Researchers think an increase in wastewater injected into the ground by drilling operators may be the cause of a sixfold increase in the number of earthquakes that have shaken the central part of the U.S. from 2000 to 2011, according to a U.S. Geological Survey study. The demand for underground disposal wells has increased with the proliferation of shale-gas drilling, a technique that produces millions of gallons of wastewater a well.

Links between disposal wells and earthquakes in Arkansas, Ohio and other states has raised public concern, according to Scott Anderson, senior policy adviser for the Environmental Defense Fund in Austin, Texas. The U.S. Environmental Protection Agency, which sets standards for wells under the Safe Drinking Water Act, said it is working with states to develop guidelines to manage seismic risk.

“Basically, people need to be told not to locate their disposal wells in active seismic areas,” Anderson said in an interview. “But the total percentage of wells that would be impacted by those restrictions almost certainly would be small.”

U.S. Geological Survey researchers found that, for three decades prior to 2000, seismic events in the nation’s midsection averaged 21 a year. They jumped to 50 in 2009, 87 in 2010 and 134 in 2011, according to the study, which was presented April 18 at the annual meeting of the Seismological Society of America.

Click to read more ...

Friday
Apr202012

EPA's Fracking Rules Are Limited And Delayed, Critics Charge

The Environmental Protection Agency issued the first-ever national air pollution regulations for fracking on Wednesday. First proposed in July 2011, the final ruleshave been welcomed by environmental groups as a much-needed initial move in reducing pollution and protecting public health from the toxic chemicals involved in the oil and natural gas drilling process. But many cautioned it was just a first step.

"It sets a floor for what the industry needs to do," said attorney Erik Schlenker-Goodrich of the Western Environmental Law Center. "The reality is we can do far better."

Over the past few years, more information has come out about fracking's potential harms to the environment and human health, particularly relating to the risk ofgroundwater contamination. In addition to the many potentially toxic components of the highly pressurized fluid injected into the ground during the natural gas drilling process, fracking can also release cancer-causing chemicals like benzene and greenhouse gases like methane into the air. The federal government has made moves to tighten regulations, and we've chronicled the history of those regulations.

The EPA's new rules don't cover most of those issues. Instead, they address a single problem with natural gas: air pollution.

"These rules do not resolve chronic water, public health and other problems associated with fracking and natural gas," Schlenker-Goodrich said.

Click to read more ...