Tag: Economy

How much do we know about drilling horizontal wells?

The Horizontal Well Control Act of 2011 required studies be conducted to gain a more profound understanding of all that's entailed in the natural gas…

The Horizontal Well Control Act of 2011 required studies be conducted to gain a more profound understanding of all that’s entailed in the natural gas drilling that’s sweeping northern West Virginia. Those reports are coming due, and legislators are hearing from scientists who have been looking into the matter.

Two major reports are being discussed in Charleston this week. One looks at air and noise pollution, while another considers water use related to Horizontal Well drilling.

1. Air and Noise

Michael McCawley is the interim chairman of the Department of Occupational and Environmental Health from the School of Public Health at West Virginia University. He presented recommendations based on the air, noise, and light study he published this summer.

McCawley says the major surprise his study revealed were copious amounts of benzene detected by his air monitors. The monitors were set up at the current legal “set-back distance” of 625 feet from the center of drilling pads. His report notes that at one site, benzene levels were detected of up to 85 parts per billion. The National Institute for Occupational Safety and Health recommends workers regularly exposed to 100 parts per billion wear respiratory protection.

So why worry about benzene? Substantial quantities of epidemiologic, clinical, and laboratory data link benzene to aplastic anemia, acute leukemia, and bone marrow abnormalities.

“Now we suspect that the benzene may be coming, in fact, from the diesel engines because a lot of the fracking sites have a lot of truck traffic going in and out of them. And also during the actually fracking itself there are a number of diesel engines that are sitting in the pad being run at high rates,” McCawley says.

Based on his findings, McCawley made suggestions to lawmakers this week.

Control the emissions.

McCawley says the current required “set-back distance” is a regulation that should be abandoned. The aim of the rule was to protect people in the vicinity from exposure, but he says an arbitrary number won’t achieve that given the variability of topography and considering that pollution doesn’t always come from the center of the pad. 

To protect not only people within the vicinity but also workers on site from harmful emissions, McCawley submits that monitoring real-time emissions is likely the smartest, most effective tool to employ. Especially around sensitive areas like houses, hospitals, schools, monitoring would allow high levels of pollutants to be addressed immediately by the people controlling the operation.

Control the noise.

“We were seeing short term exposures exceeding 100 decibels around some of these sites. 100 decibels is kind of the level of a rock band. You don’t want a rock band outside your bedroom window. Although the long term exposures were below 70 db on average for the sampling period that we saw, there were levels that exceeded 70 db for brief periods of time. But those brief periods of time can be a concern particularly if they’re disturbing sleep or if they’re really loud.”

An expert in public health, McCawley explains that 55 decibels is enough to interrupt sleep which, in turn, could result in hypertension, or high blood pressure—already endemic in the state, especially in the northern panhandle.

He says noise pollution needs to be taken into account when constructing these sites, and also when considering the traffic patterns to and from them.

2. Water use

Water use is another area of concerns for legislators. Evan Hansen, president of Downstream Strategies, conducted a study on water use in hydraulic fracturing operations in and around the state. He and his colleagues set out to analyze water-use data provided by natural gas drillers to the Department of Environmental Protection—data operators are required to provide as per the 2011 law.

Hansen says, the average Marcellus well in WV injects about 5 million gallons of water into wells as fracking fluid. 8 percent of that comes back up. He says the DEP and industry should be applauded for adopting new recycling practices as about 75% of that flowback is now being reused. He says the remainder is disposed of in deep well injections.

“Even though about 3/4 of the flowback water is being reused and recycled, which is great, that’s only substituting for 10 percent of the water withdrawls. So while great progress has been made in the areas of recycling, that’s not taking care of the vast quantities of water that still need to be withdrawn from WV streams.”

Hansen adds that tracking this waste water should continue to be a priority. WV already sees 100-million gallons of waste water each year and in PA, across the border where the industry is significantly more developed, they see nearly a billion gallons of waste. Each year.

Hansen also sees several areas of improvement, regarding data collection and reporting requirements. 

  • Fix mistakes identified in the database, and make data entry less error-prone to prevent future mistakes
  • Ensure data gets reported completely and within appropriate timeframes
  • Make data available and searchable online so that researchers and public have access
  • Streamline the efforts of DEP offices of Oil and Gas and Water Management regarding wastewater

Hansen says his biggest concern is that WV law only requires operators to report flowback water. It’s a different story in PA where flowback water only accounts for 38% of reported waste.

“In WV, because only flowback fluid is reported, and the other types of waste are not reported, we still don’t really have a handle on how much waste is being generated and where it’s going. So we’re still operating with some uncertainty about what’s going on in the real world and that’s not a great place to be if you’re trying to get the right policies in place to protect water resources,” Hansen says.

Hansen says his report will be made available on the 30th of October. That day he will also conduct an online webinar explaining his finding that is open to the public.

 

Can the DOH take over the state turnpike?

The governor, the legislature, even a special commission on highways are all looking for ways to fund state roads. A select committee on Infrastructure is trying to find ways to save money and increase efficiencies by combining the Division of Highways and the governing authority of the state’s Turnpike, but simply combining the two would create serious legal implications for the state.

Senate Concurrent Resolution 55 requested a study to consolidate the operations and maintenance responsibilities of the state Parkways Authority and the Division of Highways in the hopes of saving money by finding efficiencies.

The Parkways Authority is currently a separate entity responsible only for the 88 miles of turnpike through southern West Virginia. In 2019 when the bond debt on the road is paid off, state law dictates the Commissioner of Highways will decide if the condition of the roadway is good enough for the state to assume control free of tolls.

But state lawmakers want to know, could we save money if we just did that now? The answer, in short, is no. But of course it’s not that simple.

“That would be a problem,” General Manager of the Parkways Authority Greg Barr told legislators Tuesday. “That would violate the impairment of contract clause in the Constitution.”

Barr said should the state choose to consolidate them under the DOH before 2019, it would violate the bond contract.

“When the contract was entered into to sell the bonds by the Parkways Authority, there was representation to the bond holders that the Parkways Authority would be an independent agency that would oversee the maintenance and upkeep of [the Turnpike] and take care of the responsibilities for the bond holders.”

Senator Bill Cole of Mercer County suggested integrating the agency into the DOH, but keeping the Parkways Authority name and governing board to align with the contract. The debt left on the bond then becomes the state’s.

“I would think that if I held that bond, the state of West Virginia might be a little bit more substantive than an authority within the state of West Virginia,” Cole said. “Is that really a technicality that we’re talking about that isn’t a big deal, paying a couple hundred dollars to pay a name and get some approval?”

“In this case it would be a big deal,” responded Brian Helmick, bond counsel for the authority.

Helmick said it is unconstitutional for the state to incur any debt.

“There’s a Constitutional provision that doesn’t allow the state to incur debt without a vote of the people, and when we say a vote of the people, we actually ask the people in west Virginia to vote on an amendment to the Constitution allowing for certain debt to be incurred,” he said. “That has been done a few times over the years, primarily for DOH highway projects.”

So, just pay it off early. Pay off the debt and assume control of the roadway. That’s what Delegate Nancy Guthrie of Kanawha County asked of Helmick. How much would it take to pay it off now?

Helmick said there is about $55 million in principle left on the bond, but you can’t just pay it off when you have funds. The state would incur prepayment penalties to the tune of $7.5 million.

It appears the Parkways Authority is contractually obligated to not just remain intact, but remain in control of the maintenance and collection of tolls on the Turnpike.

But of course, in 2019, all of that could change. The state could decide to re-bond the road, keep the tolls and use the money to fund other road projects, or at least a dozen other scenarios all being considered by the governor, the legislature and the Blue Ribbon Commission on Highways.
 

Israeli Consul General visits W.Va. to expand cultural and economic ties

An Israeli General Consul is in West Virginia this week visiting lawmakers as well as both Jewish and Christian groups.

Sideman met with members of a Morgantown synagogue yesterday who were not happy with his participation in an event featuring a prominent evangelical Christian politician.

Cultural Ties?

Sideman explained that part of his job is to expand cultural ties between Israel and the US by meeting with community members and encouraging events that promote Israel. To that end he also participate in an event hosted by Christians United for Israel. The keynote speaker at the event was Gary Bauer, one-time presidential candidate and the head of the nonprofit organization American Values . Many members of the Jewish community, however, took issue with the event, telling Sideman the values represented were those of the Christian extreme right.

“Aligning yourself with people like this is the best way to lose the American middle,” warned Jim Friedburg.

Sideman reiterated that the event’s purpose was solely to support the state of Israel. “If it’s anything different than support of Israel, then I will be the first to make public note of that,” he said.

Sideman says his remarks at the Christian event were largely to celebrate the securing of a Jewish homeland:

“I’ll be talking about the state of Israel, about the significance of Israel’s existence, about its achievements, about some of its challenges, about the historical moment in time that we are at that 65 years ago we have reestablished our sovereignty over our ancestral homeland where we were born as a people 4,000 years ago. And we reestablished ourselves in the land that we’ve been dreaming of for 2,000 years. So it’s a historical, unique moment in time that we should all relish and do everything that we can to sustain it for another 2,000 years.”

Economic Ties?

Sideman says even more than promoting cultural ties in West Virginia, his goal is to expand economic ties.

“This is the first of, I have a feeling many such visits to West Virginia. There are many economic opportunities that I would like to explore between Israel and West Virginia in areas such as energy, biotechnology, chemicals. The chemical industry is very strong in Israel and West Virginia. And I Think there are many opportunities I would like to see if I can promote mutual business between Israel and WV, more so than there is today.”

Sideman’s West Virginia visit continues in Charleston where he’ll be meeting with members of the Jewish community as well as legislative leaders in both the House and Senate.

Manchin says default not an option

Twelve Senators are reaching across the aisle on a deal to end the government shutdown and increase the federal debt limit before Thursday, the day the country would likely default on its debts if Congress doesn’t act. One of the 12, Senator Joe Manchin said default is not an option.

The bipartisan Senate deal is fairly straightforward: fund the government through the end of the year, raise the country’s debt limit to avoid default, and mandate a conference committee meeting on the budget between the two Houses. Three things Manchin said are “crucial” in order to get the nation moving forward

“The most important thing we can do is make sure we don’t default at all, nor are we going to default,” he said in a conference call with media Monday afternoon.

But Manchin said in the two weeks of negotiations between the Senators, that third element—a conference between the House and Senate—is what stood out to him as the most important part of the deal.

“Our main goal was to get the budget conference in a meeting and look at the differences of the budget and have a full report to Congress,” Manchin said. “This a chance for a bigger deal, a longer deal.”

Congress hasn’t passed a full budget since 2009 and every few months must vote to keep funding the government until a budget deal can be reached, but Manchin said members of both Houses haven’t even come together to discuss their proposed funding bills and that’s what has to change.

“There’s a lot of skeptics that will say that will never happen. I’m not going to sit here and tell you it will or it won’t. What I’m telling you is it’s got to happen sooner or later,” he said, “but this is our best opportunity to get into that and I’m sick as every one else out there going through this scenario every 3 to 6 months. It’s awful, but this one gives us a chance to at least put them into conference.”

The bipartisan deal mandates a conference committee be formed and the two budgets discussed to come up with a solution.

“Will they deal in good faith, I can’t guarantee that, but I can guarantee they’ll get in a room,” he said.

The Senate deal also includes some concessions on the Democratic side.

The medical device tax, which applies to devices like artificial joints and pacemakers, will be delayed for two years to allow companies to transition toward the fee under the Affordable Care Act.

A second compromise was reached for income verification on the healthcare exchange website. It will prevent fraud and ensure only eligible individuals receive their subsidies on the exchange.

“So people can’t come in a fraudulently claim their income and not have proof of that. That made sense to a lot of us,” Manchin added,

Manchin said, however, the specifics of the plan are still up in the air.

He wants to see the government funded until the first of the year, the debt ceiling extended a few months beyond that and a conference committee convened, but said when or for how long those things will happen is up to the President and Congressional leaders as they hash out a final deal.

Manchin expected a deal and an official vote from Congress to come Thursday morning in time to avoid hitting the federal debt ceiling.
 

Rafters furloughed: how the federal shutdown impacts the Grand Canyon

Kathy Zerkle is a river ranger for the National Park Service who works in Fayette County in New River Park, and, you guessed it, she’s out of work these days. Furloughed. And while she’s concerned about what that means for the safety and well-being of the New River Park and the public that visit, and her personal future financially, she’s also concerned about how the government shutdown impacts the Grand Canyon—or at least her ability to experience it.

Zerkle says the National Park Service has already been operating in a limited capacity under the government sequestration, and now, what was a staff of about 100 has been cut to 9. She says she’s frustrated by policy makers’ inability to balance matters of public safety with partisan agendas, but moreover, now she’s seeing her dream of rafting down the Grand Canyon dashed as well.

“I certainly didn’t want to see the President give in to the tactics of the Republican Party, just so that I can go on the Grand Canyon, but it sure would be nice to go on the Grand Canyon! We’ve been planning this for over a year.”

Zerkle explains, in order to raft down the Colorado River that carved out the Grand Canyon, you have to pay a fee and enter a lottery a year before you hope to float.

“A year ago, February, I went ahead and put in for this year and was awarded a date, which happens to be October 25th, and I can take a maximum of 16 people for 21 days down the Grand Canyon.”

Food, gear, transportation—that’s all up to whomever gets the golden ticket—so to speak. Zerkle says she and her friends have been preparing, investing, and there’s a mountain of gear sitting in her home, ready to be driven across the country. But she’s not sure if she and her cohorts can afford to trip-it all the way to Arizona just to be denied access at the gate. She says 22 groups have tried to put-on since the shutdown and they’ve all been turned away.

So why, right? Even though the National Park Service is furloughed, rafting continues in West Virginia. It’s one of the busiest times of the year, in fact. Zerkle explains that it really comes down to access.

“A lot of the properties within our boundaries are owned by private entities, the roads are state roads, there’s private property at the end of the government roads and even at the end of the Park’s roads, so we can’t block access. Plus, I like to think that in New River, our superintendent, coolers heads prevailed and they were able to find a way to say that the New River and the Gauley River are navigable water ways and the only people who can shut down access to navigable waterways is the US Coast Guard.”

But it’s a different story out West. All the property surrounding the Grand Canyon, all the roads, all the concessions, the put-in areas, plus the permitting process, the required check-list that has to be verified, the required orientation procedures that teaches the public how to protect the resource during the three-week excursion—it’s all is under the control and management of the National Park Service.

So Zerkle’s livelihood and her dream of rafting down the Grand Canyon are on hold. While it makes her feel ill, she says her priorities are still in line, and her biggest concern remains the future of the nation. Her opinion of Washington? Her faith in leadership?

“We are really just pons in the Big Game. It bothers me that these people that are elected officials who are supposed to be here for the good of the group are really more concerned about what I feel their personal agendas are.”

In the latest developments, over the weekend, The Grand Canyon and other national parks were opened to the public, but only because states have come up with the money to support them. And while that bodes well for some tourists–and the businesses that rely on them–it’s a temporary deal. It costs in the ball park of $100,000 a day to operate a park like the Grand Canyon. States have only been able to promise about a week to the public which means, Kathy Zerkle and her friends, who are scheduled to visit the canyon October 25th, are still in limbo, hoping legislators will strike a deal, and soon.

Technicians returning to work, but National Guard still facing challenges

A majority of the furloughed West Virginia National Guard members and support staff are returning to work this week because of a movement in Congress to extend military pay to reserve members.

But the state’s top-ranking Guard official said a return to work doesn’t mean those members, and the overall safety of the state, won’t continue to be affected by the federal government shut down.

“The Guard in West Virginia will overcome obstacles and we’ll make things happen to take care of our people in this state, but we shouldn’t have to operate this way.”

Adjutant General James Hoyer made his plea to Congress during a press conference at the West Virginia National Guard headquarters in Charleston, saying its time to put an end to the federal government shut down.

“We are starting to experience degraded readiness in the West Virginia National Guard as a result of this. There are 53 other National Guard organizations across the country that are experiencing the same problems,” Hoyer said Tuesday, “so if you look a that in a holistic approach, we’re starting to really effect our ability to protect our nation and our homeland.”

Money, he said, is a major part of that problem. Money to pay for employees, facilities and supplies.

As Congress prepared for the federal shut down last week, they passed House Resolution 3210 to continue to fund the military; however, Hoyer said the resolution was interpreted by the Department of Defense to mean only active duty members.

In order to keep some 389 military authority employees working, or state employees whose salaries are reimbursed by the federal government, Hoyer and his team began postponing infrastructure maintenance projects around the state and shifting the money to cover those salary costs. Those costs have added up to around $300,000 a week.

 “I’ve only got a $16 million dollar state budget and the longer they go, the longer I wait for the reimbursement,” he said. “So, we can only to a certain threshold of pain.”

“Right now we can go to the 16 at noon unless we sit down and come up with another project that we push back.”

After the 16 and without another source of funding, should the federal shut down continue, Hoyer said the state may have to furlough those workers.

As for the 1,150 federally funded civilian technician positions who were furloughed beginning October 1, Hoyer said nearly 1,000 of those returned to work this week. That return came after Congress lobbied for the federal Department of Defense to loosen the restrictions on that same House Resolution.

Guard and reserve employees will now also receive pay for their return to work that began Monday, but Hoyer said, again, until a budget is passed, he has no idea how long it will take for that money to actually come.

On top of salary issues, Hoyer said his Guard members haven’t been able to train, keep up with vehicle and air craft maintenance, and provide services to active duty families and veterans.

Without keeping up on all of these, he said should an emergency occur, it will take the Guard longer to prepare and respond.

“One way or the other, West Virginia Guardsmen will be where they need to be to take care of the people of West Virginia,” he said. “Now, it might be in a different fashion and it’s going to be a hell of a lot more painful for us in the Guard to get to where we need to be.

“Is that fair to the men and women who go out and do that? That we have to put them in a position that they have to go the extra above and beyond when we don’t have to be in this position?”

Hoyer added there are three new military helicopters for the Guard that should have been picked up on October 1 to replace aging state equipment.

As of now, there are no funds to move those helicopters, leaving the Guard in short supply should there be an emergency.

That and similar issues, Hoyer said, will lead to delays in response as they try to come up with new ways to deliver supplies or conduct rescue missions.
 

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