Study: Fracking requires more water than we thought

The Marcellus water resources and water footprint report takes a critical look at water-use data provided by natural gas drillers over the past couple years to the West Virginia Department of Environmental Protection—data operators are required to provide under the Horizontal Well Control Act of 2011.

The study interprets that data as well as compares it to the data reported in Pennsylvania, where the gas industry is substantially more developed. The president of Morgantown-based environmental firm Downstream Strategies, Evan Hansen, began his explanation by showing an image of what once was a pit where waste fluid from a fractured hydraulic well used to be stored.

“This is a waste pit that’s located in West Virginia and you’ll notice that there’s no waste in it,” Hansen explained. “And that’s because it was recently pumped dry. And that plastic liner is being removed. The reason is that in this case the flowback fluid that was stored there was draining through cracks in the liner directly into the bedrock that underlies this pit and contaminating the drinking water aquifer.”

Hansen went on to explain that ground water monitoring data was collected before, during, and after development of the site. That data confirms pollution levels increased in the drinking water. He says it’s a cautionary tale that underscores the importance of diligent attention to water issues related to oil and gas development.

Wet Footprint

Hansen says there are about 2000 well sites in West Virginia and 9000 in Pennsylvania. He says the average Marcellus well in West Virginia injects about 5 million gallons of water into wells as fracking fluid. One of the key findings in the report is that “the amount of water used per well is higher than previously estimated for Marcellus Shale wells.”

“And by far most of the water comes from surface water—it’s about 81 percent—plus a portion of purchased water. That’s water purchased from local water utilities,” Hansen said.

Hansen found that 8 percent of the 5 million gallons that goes into each well comes back up. 

Flowback

Hansen says the DEP and industry should be applauded for adopting new recycling practices so about 75% of that flowback is now being reused. He says the remainder is disposed of in deep well injections.

“That’s important because every gallon of water that comes from reuse rather than withdrawal is protective of the environment,” Hansen said.

He added that tracking this waste water should continue to be a priority. West Virginia already sees 100-million gallons of waste water each year and PA, across the border where the industry is significantly more developed, sees nearly a billion gallons of waste each year.

Wet Footprint

Hansen’s report also indicates a need to improve data collection and reporting requirements. 

Hansen says one of his biggest concerns is that West Virginia’s state law only requires operators to report flowback water. It’s a different story in Pennsylvania where flowback only accounts for 38% of reported waste.

“In Pennsylvania, all types of waste are reported,” Hansen said. “And not only are all types of waste reported, they are reported every six months. So there’s a good, full accounting of the waste generated from Marcellus operations in Pennsylvania. It’s different in West Virginia.”

Operators in West Virginia are required to submit data once a year, but according to the study, only about a third comply. Moreover, errors in data submissions are common.

“Roughly one third of the data we found to be suspect and so we decided to eliminate it before we crunched our numbers because we wanted to be sure that the data that we used for our analysis was reliable.”

Environmentalists offer details of coal ash ruling

A federal judge issued a memorandum Tuesday in a lawsuit challenging the Environmental Protection Agency’s failure to finalize federal coal ash…

A federal judge issued a memorandum Tuesday in a lawsuit challenging the Environmental Protection Agency’s failure to finalize federal coal ash regulations.

United States District Judge Reggie B. Walton issued a ruling giving the Environmental Protection Agency 60 days to name how long it will take to review and revise coal ash regulations. 

Coal ash, also referred to as fly ash, is a byproduct of burning coal.  Anything that doesn’t burn up, usually inorganic matter in the coal like shale, is left behind in boilers and is usually disposed of in landfills and settlement ponds.

Power plants in the U.S. produce about 140 million tons of the ash each year and according to the EPA, about 1,000 active coal ash storage sites exist across the nation. West Virginia is home to more than twenty sites.

Judge Walton’s ruling is the outcome of the lawsuit filed in early 2012 by nearly a dozen environmental groups challenging the EPA’s inaction to revise coal ash regulations.

In a conference call senior administrative counsel at Earthjustice, Lisa Evans, spoke about the court’s decision. She referred to the coal ash disaster that occurred in late 2008 when over a billion gallons of toxic coal ash sludge burst through the dam of a waste pond, located 60 feet above the Emory River at TVA’s Kingston Fossil Plant in Tennessee. The waste covered 300 acres below the plant, destroying homes, poisoning watersheds. The event provided impetus for many groups to demand new regulations for the disposal of the power plant waste.

“EPA is now required to come forward with a proposed schedule for completion of the ongoing coal ash rule making within 60 days,” Evans said. “Consequently on or shortly after the 5th anniversary of the Kingston Coal Ash disaster, EPA must finally announce its schedule for new coal ash rules. Once approved by this court the schedule will be enforceable against the agency should it delay again. Thus today’s order creates a clear path to obtaining a binding deadline for the much delayed and critically needed coal ash rule.”

But the ruling flies in the face of the Coal Residuals Reuse and Management Act, passed in the House this past summer.  West Virginia’s Republican Congressman David McKinley introduced the bill in an attempt to revise coal ash regulations, but leaves individual states in charge of mandating rules. The act which hasn’t yet come up for a vote in the Senate limits the EPA’s authority to regulate the waste and, most importantly, disallows the EPA from labeling the waste a hazard.

“The bill that passed through the house would take away EPA’s authority to issue this rule that is the subject of the opinion,” Evans said. “What the house bill was attempting to do was prevent the EPA from issuing this rule. So in 60 days we will see the proposed schedule for EPA’s issuance of the rule. And we hope that EPA will be able to proceed to issue that rule without interference by Congress.”

During a press conference environmentalists speculated the EPA will project a date within 2014 to issue their final ruling on any new regulations.

Breaking down the Consol-Murray sale

Consol Energy is selling five of its long wall coal mines in West Virginia to Murray Energy. It’s a deal slated to cost more than $3 billion.

In the deal, Consol will get:

$850 million in cash;

Almost $200 million in value of future payments;

The acquisition of $2.4 billion in Consol’s liabilities, to Murray Energy.

In return,

Murray Energy will receive:

Almost 4,000 new employees;

6 more coal preparation plants;

5 more active mining complexes;

6 more longwall mining systems;

23 more continuing mining units;

1 reverse osmosis plant;

609 barges;

23 harbor boats and tow boats;

5 additional coal transloading facilities.

Sens. Joe Manchin and Jay Rockefeller have requested a meeting with Murray Energy to discuss the transition. Among the liabilities picked up by Murray are retiree health care plans by mining employees.

Rockefeller, Manchin eyeing CONSOL mine sale, Murray safety

West Virginia’s two U.S. senators say they’ll be watching closely to see how Ohio-based Murray Energy treats safety and the workforce of the five CONSOL Energy mines it’s buying.
 
     Senators Joe Manchin and Jay Rockefeller have requested a meeting with Murray Energy to discuss the transition.
 
     The companies announced the deal Monday for the sale of the Blacksville No. 2, Loveridge, McElroy, Robinson Run and Shoemaker mines.
 
     Pennsylvania-based CONSOL said it wants to shift resources to natural gas development.
 
     Manchin says CONSOL is an industry leader in mine safety, and he hopes Murray Energy will also put miners first.
 
     Rockefeller says Murray Energy must make protecting workers and retirees a priority.
 
     Murray Energy says it operates safe mines but cannot yet comment on its plans for the workforce.

Pipeline safety funding announced

Senator Jay Rockefeller, Chairman of the Senate Commerce, Science, and Transportation Committee, along with Senator Joe Manchin and Congressman Nick Rahall, today announced more than $697,000 in federal funding for pipeline safety efforts in West Virginia.  
 
“West Virginia’s booming natural gas industry relies heavily on pipelines, which means they must be safe, reliable and durable. As Commerce Committee Chairman, I’ve worked hard to make sure there is oversight of our pipeline operations to prevent accidents that could harm both our communities and our economy,” said Rockefeller.

“The importance of establishing the strongest possible safeguards against future pipeline explosions was never more apparent than after the devastating explosion in Sissonville last December. This funding is an important investment in our work to make pipelines as safe and secure as possible.”
 
“In West Virginia, investing in natural gas is important for job creation and economic growth, but the bottom line is that we need to make sure drilling is done safely,” Manchin said. 

“We are fortunate that no one was seriously injured last year when a gas pipeline ruptured in Sissonville. This incident proved that we constantly need to be prepared and safety should always be our top priority. This funding will help ensure the pipelines are being operated safely, maintained properly and inspected regularly so that incidents like the rupture last December don’t happen again.”
 
“It would be pennywise but pound foolish not to invest in pipeline safety,” said Rahall, top Democrat on the House Transportation and Infrastructure Committee with jurisdiction over PHMSA. 

“Our State just witnessed the consequences of pipeline failure and a strong federal partnership is a good insurance policy against future failures.  Constant maintenance and consistent inspections are key ingredients in keeping our families, businesses and industries, our infrastructure and communities safe.”  
 
The funding comes from the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA), and was awarded to two agencies in West Virginia in the following amounts:
 

  • $496,943 – West Virginia Public Service Commission – The Commission received this funding through PHMSA’s fiscal year 2013 Pipeline Safety Base Grant program as a reimbursement to help alleviate the cost of the State’s pipeline safety programs.
  • $200,717 – West Virginia Emergency Response Commission – The Commission received this funding through PHMSA’s Hazardous Materials Emergency Preparedness (HMEP) Grant Program, which gives States assistance in performing hazardous materials response duties.

As Chairman of the Senate Commerce, Science, and Transportation Committee, Senator Rockefeller is in charge of Congressional oversight of pipeline safety. Rockefeller authored legislation that was signed into law in 2011 to strengthen pipeline safety. He also held a field hearing on pipeline safety in Charleston earlier this year in response to the pipeline explosion in Sissonville, West Virginia on December 11, 2012.  The Commerce Committee has held four hearings on pipeline safety in the past three years.

The problem with chicken poop and rain

Environmental groups are reacting to a ruling from a federal judge which says the U.S. Environmental Protection Agency has no legal right to force a West Virginia chicken farmer to obtain pollution permits for runoff from her Hardy County farm.

U.S. District Judge John Preston Bailey ruled that the runoff entering the Chesapeake Bay watershed from Lois Alt’s poultry farm is stormwater and therefore not subject to regulation under the Clean Water Act.

Alt admitted  that pollutants from the poultry  houses are being discharged into the South Branch of the Potomac River, but objects to a requirement to operate under a permit. The farm bureaus called EPA’s attempt to require a permit  an illegal overreach of authority.

Several organizations supported the EPA’s efforts including Potomac Riverkeeper, West Virginia Rivers Coalition, Waterkeeper Alliance, Center for Food Safety, Food and Water Watch and Earthjustice. The groups said ina press release that the court’s decision could have devastating impacts on the health of the watershed. The groups say they’re exploring legal options.
 

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