Three Things West Virginia Can Learn from Montana About Frack Waste

There are lots of federal regulations governing what businesses can legally dump into water, the ground, or release into the air. But the gas industry is getting around a lot of those regulations. The oil and gas industry enjoys exemptions from seven federal laws, including one that is supposed to protect human health from the hazards of waste disposal. Other states have passed their own laws regulating this waste to compensate. But it’s a looser system in West Virginia.

West Virginia Fracking Waste: A Buried History

The shale gas boom began to echo throughout West Virginia in 2008. Not much was known about drilling then and many drillers were permitted to simply bury drill cuttings on site. Remediation specialist for the environmental consulting firm Downstream Strategies, Marc Glass, says mounting evidence tells us those sites need to be cleaned up.

“West Virginia DEP acknowledges that the practices of burying waste in people’s yards was a very bad idea,” Glass said. “Tens of thousands of tons of this waste have been buried.”

Communications Director at the DEP, Kelley Gillenwater reports, “no remediation of drilling sites has been deemed necessary due to drill cuttings. [DEP] took radiation meters to more than a dozen sites in 2014 as part of a project with [the West Virginia Department of Health and Human Resources] and no harmful levels of radiation were detected.”

But in 2014 the DEP did take steps to allow municipal landfills to accept gas industry waste. Today that’s what happens to drill cuttings and other solid wastes. They’re separated from household waste but buried in the same city and county dumps. Any liquid that seeps out of those landfills is sent to municipal wastewater treatment facilities. DEP officials say it’s West Virginia’s only option right now.

Credit Bill Hughes
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The entrance to the Wetzel County landfill. Trucks line up having come from drilling operations.

Be that as it may, the director of the West Virginia Water Research Institute, Paul Ziemkiewicz, wants more definitive information about shale gas drilling waste.

“The big question that’s still unanswered is whether this stuff is hazardous or not. And if it’s hazardous that starts informing what kind of landfill it ought to go into, what standards that landfill ought to be meeting.”

Ziemkiewicz says it’s not that nobody knows what to do with this industrial waste. There are tests and procedures that other industries have to use, and states can require oil and gas companies to follow those requirements, too. That’s what Montana does.

Credit Amy Dalrymple / Forum News Service
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Forum News Service
Drill cuttings in Oaks Disposal, an oilfield waste landfill near Lindsay, Montana.

Montana Lesson One: Characterize Waste at the Source

  Like West Virginia, Montana has seen large increases in waste from fracking operations in recent years. The gas industry is drilling into the Bakken shale formation in the region. So in 2012 Montanans set up regulations to test and categorize waste where it’s generated – something that doesn’t happen in West Virginia.

“There’s monitoring that gets done at the wellhead in the field,” explains the Waste and Underground Tank Management Bureau Chief in Montana’s Department of Environmental Quality, Ed Thamke. “They have to present the results of that monitoring to the receiving facility. Then the facility is responsible for monitoring their working face, where the material is being disposed of.”

Montana Lesson Two: Use a Separate Landfill

Thamke explains that, like West Virginia, Montana does allows municipal landfills to accept drilling waste. 

"The big question that's still unanswered is whether this stuff is hazardous or not. And if it's hazardous that starts informing what kind of landfill it ought to go into, what standards that landfill ought to be meeting," said Paul Ziemkiewicz.

  But for the most part, they use separate landfills built by private industry specifically for oil and gas waste.

“It was private industry that saw the need; there was a genuine business opportunity.” Thamke said, “And I think it was a good business investment for those folks.”

Because of the established disposal requirements, Montanans have some clarity about the solid waste they handle. Thamke says solid waste from the Bakken shale formation “is clearly not a hazardous waste”.

But in West Virginia, we’re dealing with a different rock formation. We also live in a much wetter environment. That complicates matters because water that passes through landfills collects toxins.

Montana Lesson Three: Worry About the Water

Thamke explains that Montana has a much more arid environment than West Virginia, and they actually centrifuge the waste before disposal so that landfill leachate can be avoided.

“So if there is leachate,” Thamke said, “it’s characterized and if it meets criteria it’s allowed to be recirculated over the working face of the facility.”

West Virginia easily gets twice to four times as much rain as Montana annually, according to data from the National Oceanic and Atmospheric Administration. Landfills in the state all collect leachate that is not characterized before it’s sent to municipal wastewater treatment facilities (which are not really designed to treat industrial wastewater).

DEP recently determined that water leaching from landfills that accept drilling waste is laced with toxins above safe drinking water quality standards. But DEP officials say the leachate is diluted to safe standards when it’s processed through municipal wastewater treatment facilities.

What’s Next?

DEP is considering changing monitoring requirements at landfills.

But any attempts to further regulate oil and gas companies have been less of a priority with the recent shift in West Virginia’s statehouse from democratic to republican control. 

W.Va. DEP Shuts Down Danny Webb Construction Waste Site, For Now

The W.Va. Department of Environmental Protection has Statement About Danny Webb waste site in Fayette County. DEP Communications Director, Kelly J. Gillenwater said in an email Friday:

"The West Virginia Department of Environmental Protection's Office of Oil and Gas has shut down operations at the Danny E. Webb Construction Inc. underground injection control facility in Fayette County until further notice. The shutdown, effective immediately, is in response to an April 8 decision by the Environmental Quality Board. The board ruled that a March 2014 order under which the facility was operating was unlawful and gave the DEP 30 days to either issue a new permit or require the operations to cease. Two permit applications from Danny Webb for the facility are currently under thorough review, and DEP is taking into consideration all comments submitted during the public comment period regarding these proposed permits. There is no deadline by which DEP must make a decision whether to approve or deny the applications and the agency has no estimated timeframe on when that decision will be made."  

A permit to operate an underground injection well had expired in October 2012 but the operator continued to collect waste.

The underground (UIC) permit was granted February 6, 2014 under the condition that the operator close an above ground pit used to collect fluids from oil and gas exploration, development drilling, and production before being injected into the underground well.  

In a letter of appeal filed in March 2014, attorney Tom Rist said the permit did not specify the closure requirements and should have been addressed before granting the permit. The operation permit was revoked in March, but the order still allowed the operator Danny Webb Construction to continue to work at the site.

The West Virginia Environmental Quality Board ruled in April that the Department of Environmental Protection violated state law when it allowed Danny Webb Construction to operate the injection wells in Fayette County without a permit. Danny Webb Construction had until May 8 to issue a new permit or cease operations.

Speakers Rally Against Proposed Fayette Waste Site

The West Virginia Department of Environmental Protection hosted a public hearing about two proposed waste permits in Fayette County Tuesday night. All but one of about 30 people who who spoke at the hearing opposed the permit.

Danny Webb, the owner of the waste site, stayed for the first part of the hearing, but did not speak publicly.

The majority of the voices behind the podium opposed Webb’s proposed underground injection control permits, frequently to a cheering crowd. This waste site has been a dumping ground for oil and gas waste from sites in Pennsylvania, Virginia and other parts of West Virginia.

Credit Chris Jackson
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Mary Rahall, a Fayette County resident, voices here opinion about the Danny Webb Construction Company’s underground injection well site during a public hearing about the site’s permit renewal by the West Virginia DEP  at Oak Hill High School in Oak Hill on Tuesday.

Folks representing Friends of Water, Plateau Action Network, the National Park Service and even the Fayette County Commission asked the DEP to deny this permit.

Gary Zuckett with the West Virginia Citizen Action, also opposed the permit on the record. After the meeting he pointed out that this type of oil and gas disposal is across West Virginia.

“There’s one in the county that I have property in in Ritchie county, and we have problems with that well,” Zuckette said. “So it’s not just a Fayette County problem, it’s a West Virginia problem.”

In 2013, there were 54 non-commercial and 17 commercial disposal wells in the state according to the DEP.

The DEP set up large maps for those attending the hearing to inspect. There was also a court recorder off to the side available for  folks who didn’t feel comfortable to speak in front of the energetic crowd.

One man, who didn’t want to give his name, said he worked for Danny Webb Construction but that he and about 25 other workers in the area are now out of work.

But it wasn’t just the company that was fielding criticism and push back, several speakers accused the DEP of failing to represent the people. Earlier this month, the Environmental Quality Board ruled that the state agency tasked with the protecting the environment in West Virginia, violated state law when it allowed Danny Webb Construction to collect waste without a permit.

Credit Chris Jackson/The Register-Herald / The Register-Herald
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The Register-Herald
Danny Webb, owner of Danny Webb Construction Company, listens to Mary Rahall, a resident of Fayette County, voice her opinion about the underground injection site during a public hearing on the West Virginia DEP permit renewal for the Danny Webb Construction Company’s site in Lochgelly at Oak Hill High School in Oak Hill on Tuesday.

The permits had expired in 2012 but was granted in 2014 then after significant public interest, was revoked. The permit the DEP is now considering would allow the company again to accept fluids from oil and gas exploration, development drilling, and production fluids for another five years. The DEP is accepting comments through May 1.

DEP Hosting Public Hearing Concerning Lochgelly Waste Site

The West Virginia Environmental Quality Board ruled earlier this month the the Department of Environmental Protection violated state law when it allowed Danny Webb Construction to operate the injection wells in Fayette County without a permit.

After being rescheduled several times because of weather, a public hearing to discuss the permit application is scheduled for tonight at Oak Hill High School.
The public is invited to attend the public about these UIC permits. It’s scheduled for tonight from six until eight at Oak Hill High School.

Was This Fayette County Waste Pit Leaking?

Danny Webb Construction began shutting down above ground pits last month in Fayette County that held oil and gas waste. The waste likely came from horizontal drilling operations.

In a more recent development, the DEP says a tank that was holding some of that waste, leaked during the process, but was cleaned up.

Concerned citizens have been expressing concerns with this particular operation for years.

Environmental groups ran some tests last year and while results have turned up inconclusive, it still raised red flags.

What was stored in the pits?

Marc Glass with Downstream Strategies is familiar with the site and was even hired to collect samples and analyze data a little over a year ago.

The company’s permit to collect oil and gas waste requires a certain amount of self-testing to verify that the substances collected were indeed the type of waste permitted for disposal.

Glass explains that records seem to indicate that the pit did indeed contain waste from the oil and gas industry which includes BTEX compounds -or volatile organic compounds- typically found in petroleum products, such as gasoline and diesel fuel.

  • Benzene
  • Toluene
  • Ethyl benzene
  • Xylene

Glass said identifying some of the chemicals contained in the pit will help regulators and scientists know what to look for in the environment to determine any possible contamination.
What was found in the streams around this oil and gas waste site?

Samples were taken from water sources in areas around the pit in those same years.

“It looks generally like some of the key indicators that would be specific to oil and gas,” Glass said, “tend to increase as you move down gradient from the pit on Danny Webb’s site.”

The data shows that the same contents that were found in the pit, were also found in stream samples taken next to the pit, although at lower concentration levels and below the standards set by the safe drinking water act.

This means the pit could have been leaking, but it’s not certain.

Things to remember while analyzing the data

This area of Lochghelly is known to have environmental damage from other industrial activities.

“There was this constant, acid mine-looking flow coming right out of the base of that,” Glass said. “Sometime it was real dark and black and sometimes it was orange, and it was these different colors. And sometimes it was associated with odors.”

“They don’t know that that’s what smelled, but odors would be in the valley there and people would look at that and put the two together. So, that drove some sampling.”

Another challenge in determining possible sources of the contaminants is data itself. It’s not clear where the samples were taken.  

“And again these sample locations, they’re not necessarily GPS locations and they’re not related to some significant feature that you can tell about,” Glass said. “They’re just anecdotal, like, ‘next to pit,’ ‘by pit,’ ‘near pit,’ ‘upstream from pit,’ ‘downstream from pit.”

Finally, BTEX chemicals can occur naturally.

“The source of barium, and arsenic, and iron, and aluminum, those are from the geology,” Glass said. “It’s really when we concentrate these things to get really high levels or a fast rate of exposure, that we have toxological effects, and we worry about it. So, oil and gas waste tend to concentrate these natural compounds and their waste.

However, samples taken in April 2013 showed glycol, which is not naturally occurring and is commonly found in oil and gas waste.

“Just to be fair, at the same time, this is kind of a run-over area, there’s a lot of thing,” he said. “For all I know, there’s some old piece of mining equipment setting up on the stream that has a radiator full of antifreeze, glycols, and it’s leaking out, and that’s what I’m seeing in my results. So you really have to put them in perspective. But what it says is, okay, let’s start sampling for glycols.”

State and Federal Loopholes?

Let’s be clear, the data available to Downstream Strategies did not conclude that the pits were leaking. But Glass says these tests were enough to raise concern and request more testing from the DEP.

Within the past year, the regulatory agency ordered the pit closed and revoked the permit– siting  “significant public interest” and “procedural issues”.

The DEP says the dry waste from the above ground pits was taken to the Raleigh County landfill.  

On Thursday the DEP Environmental Quality Board will hear arguments from Tom Rist an attorney representing the Natural Resource Defense Council, WV Surface Owners’ Rights Organization, Plateau Action Network, and citizen Brad Keenan. DEP inspectors say that Danny Web was allowed to accept waste while the permit is in the renewal process.

Tom Rist and his clients disagree and say that’s against the law among other challenges to the UIC operation. 

Glass says the process seems to be a loophole that skirts public health.  

“Yeah, I think you should close that loop,” he said. “You should prepare your application prior to your old one expiring. I don’t really see a reason for a gap between the two.”

The Natural Resource Defense Council says federal law that governs hazardous waste has a loophole for oil and gas waste that was created in 1980’s through an amendment to the Resource Conservation and Recovery Act.

The ‘CLEANER Act’ or the `Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations Act of 2013′ is meant to close that loophole.

DEP reports that solid waste from the pits was taken to the Raleigh County landfill.

Danny Webb Construction did not immediately return our request for comment.

W.Va. Environmentalists Unhappy with Fracking Bill

West Virginian environmentalists are concerned about a bill to overturn tonnage caps for landfills accepting gas well drill cuttings from hydraulic fracturing operations.
 

The bill passed both legislative chambers in special session and now awaits the governor’s approval.
 
Delegate Stephen Skinner, who voted against the bill passed Friday, calls it a Band-Aid on a very serious problem.

The bill lifts tonnage caps for drilling waste, mandates monitors for radioactivity, and requires the DEP to study leaching.
 
Last year the DEP allowed landfills to accept the waste beyond monthly tonnage limits until this June.
 
Several environmental groups oppose the bill. The West Virginia Environmental Council says municipal landfills aren’t designed to handle the sheer bulk of the drilling waste or the possibility they contain heavy metals, petroleum hydrocarbons, and radioactive materials.

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