Floodplain well permit violation

Muncy Creek floodplain, north of Tivoli, flooded on January 25th.

By February 21st,  XTO had a well in full operation.

Last spring, under pressure from the gas industry to speed up the permitting process, DEP took the permitting for land disturbance and run off away from the county conservation districts.  It is quite doubtful if the county’s conservation district would have permitted this site.

Although DEP took over this function they didn’t have the man power to actually do it. To compensate, any disturbance less than 5 acres can receive a permit, sight unseen, by the developer submitting plans from their own engineers.  Most well pads are less than 5 acres.

When this well is fracked, 18,000 to 20,000 gallons of toxic concentrated chemicals, (hydrochloric acid, biocides, petroleum distillates, methanol, a variety of alcohols, ethylene glycol and much more) will be brought on to this floodplain and mixed. Any spillage will end up in the creek.  Do spills happen? Ask the 17 cows in Louisiana who died horribly last spring after drinking chemicals that spilled into their pasture from an adjacent well.

Below is an excerpt from a joint letter from Trout Unlimited and the Chesapeake Bay Foundation decrying the situation.

Chesapeake Bay Foundation and Trout Unlimited

Call for Ban on Marcellus Gas Wells in Floodplains

Hydrofracking in floodplains is an environmental disaster waiting to happen

(HARRISBURG, PA)  —  In the rush to develop the Marcellus shale formation in Pennsylvania, natural gas wells are being permitted and drilled in floodplains. Two such wells, one operated by Stone Energy along Wyalusing Creek in Rush Township, Susquehanna County, and one operated by XTO along Muncy Creek in Shrewsbury Township, Lycoming County already experienced flooding events.  The Chesapeake Bay Foundation (CBF) and Trout Unlimited (TU) call upon the Pennsylvania Department of Environmental Protection (DEP) to remedy this clear environmental and public health hazard.

“The handling of fracking chemicals and highly contaminated drilling wastewater in floodplains is an environmental disaster waiting to happen.  It has to stop,” said Matt Ehrhart, executive director of CBF’s Pennsylvania Office.  “Permitting well pads in floodplains causes a very serious threat of pollution.  We call upon DEP to use its authority under the Clean Streams Law to order the companies operating these wells to permanently cap and abandon them, and then reclaim the sites to their natural condition.” (excerpt RDA)

http://www.cbf.org/Page.aspx?pid=1651

DEP Issues Industrial Wastewater Discharge Permit to Williamsport’s TerrAqua Resource Management

First New Permit for Treating Drilling Wastewater to Be Issued in West Branch Susquehanna River Watershed.

WILLIAMSPORT — The Department of Environmental Protection today issued a system industrial wastewater discharge permit to TerrAqua Resource Management LLC of Williamsport that allows the company to treat and discharge 400,000 gallons per day of gas well drilling wastewater.

“This is the first new permit issued in the West Branch Susquehanna River watershed for treating gas well drilling wastewater,” said DEP Northcentral Regional Director Robert Yowell. “The monitoring requirements and stringent limits on total dissolved solids, chlorides and sulfates in this permit will protect the water quality of the West Branch Susquehanna River.”

The National Pollutant Discharge Elimination permit requires TerrAqua to meet the proposed new regulatory standards of 500 parts per million for total dissolved solids and 250 parts per million for chlorides and sulfates. These standards will be required statewide effective Jan. 1, 2011.

TerrAqua has indicated that it will pursue a thermal treatment process capable of reducing total dissolved solid levels to less than 500 parts per million at all times.

The discharge permit also requires TerrAqua to monitor for radioactivity, a large number of metals, including barium, strontium, iron, manganese and aluminum, as well as organics such as toluene, benzene, phenols, ethylene glycol and surfactants.

The company’s application for the permit, which was submitted in August 2008, went through an extensive public participation process. More than 150 people attended a DEP public meeting held in July 2009 to discuss the permit and ask questions.

“The department received nearly 200 public comments regarding this permit application and have responded to and addressed all relevant questions and concerns raised in those comments,” Yowell said.

(NOTE: MANY RDA MEMBERS WERE AMONG THOSE WHO RAISED CONCERNS, URGING DEP TO DENY THIS PERMIT IN ITS ORIGINAL FORM. WE ARE GLAD THAT TERRAQUA HAS AGREED TO ADHERE TO THE  1-1-11 TDS PROPOSED REGULATIONS.

WE WILL FOLLOW THIS APPLICATION INTO ITS NEXT PHASE WHERE THE ACTUAL TECHNOLOGY WILL BE DEFINED.

ALSO OF CONCERN ARE AIR QUALITY ISSUES. WE WILL GET A BETTER IDEA ABOUT THESE AS THE APPLICATION PROGRESSES. )

TerrAqua now must submit a water quality management permit application to DEP for the treatment plant’s design and technology. This permit is required to construct and operate the plant.

The company has also applied for a general permit from DEP’s waste management program to process, recycle and reuse this wastewater for subsequent fracking operations.

The DEP Northcentral Regional Office has nine additional permit applications under review for proposed gas well drilling wastewater treatment plants in Bradford, Centre, Clearfield, Clinton, Lycoming, and Tioga counties. Proposed discharge points include the Susquehanna, Chemung, and Tioga rivers as well as several streams.

For more information, call 570-327-3659 or visit www.depweb.state.pa.us.

Well permit fees rise in PA for the first time in 25 years

Hey, if they can hire more staff with this money maybe we’ll actually get a water specialist in north central PA within the next 5 years!

October 28th, 2009 by the gantdaily.com

DEP Announces New Oil and Gas Well Permit Application Fees Will Cover Cost of Permitting, Enforcement

First Fee Increase since 1984 Affects All New, Non-Marcellus Shale Wells

HARRISBURG– The Department of Environmental Protection has begun collecting higher permit application fees for all traditional vertical non-Marcellus Shale oil and natural gas wells drilled in Pennsylvania to cover the cost of the agency’s permitting and enforcement work.

According to Secretary John Hanger, the new fees based on well length and type replace a flat $100 fee established in 1984.

Under the new structure, which went into effect Oct. 26, vertical wells with a bore length up to 2,000 feet will now have a base permit cost of $250 with an additional $50 applied for each additional 500 feet of length.

“We have seen record growth in the number of oil and natural gas drilling permit applications over the past six years, and with the rapid development of the Marcellus Shale formation, we needed to establish a permit fee structure that will support the cost of permitting and inspecting both types of drilling operations,” Hanger said.

“The money generated from the new permit fees is allowing us to hire new staff at our Pittsburgh, Meadville and Williamsport offices to better manage and monitor the drilling industry as it expands into new areas of the state.”

The new fee structure for traditional vertical wells follows new fees the department imposed for Marcellus Shale wells in April. Marcellus Shale wells employ a horizontal drilling technology and, as such, are not considered vertical wells.

Marcellus Shale and non-vertical wells have a base permit cost of $900 for the first 1,500 feet of bore, with an additional cost of $100 for every 500 feet beyond that length.

Through Oct. 23, DEP issued 5,333 oil and natural gas drilling permits this year—1,516 of which are for the Marcellus Shale formation.

Of the 1,944 wells drilled in 2009, 403 are Marcellus Shale wells. The department has performed 10,365 inspections of drilling sites during that period.

Since 2005, DEP has issued 2,112 Marcellus Shale permits and there have been a total of 660 Marcellus Shale wells drilled.

DEP Revokes Erosion and Sedimentation Control Permits for Two Gas Companies

 

http://www.ahs2.dep.state.pa.us/newsreleases/default.asp?ID=5710&varQueryType=Detail

Three erosion and sediment permits have been revoked by the DEP in Tioga and Potter Counties. Above is the information at DEP’s website and it gives details about which companies and which sites are having these problems and why. The good part here is that the DEP was finally able to do something about these permits. The sad part is that they are permits that went into effect a couple of months ago and it has taken this long for lawyer Matt Royer from the Chesapeake Bay Foundation to acquire the ability to do something about it. This is truly a huge problem and could have been avoided had the ability of the local conservation districts to review permits not been taken out of their job descriptions! I am happy that they are finally able to do something about it. I know the local folks in the DEP here have been very frustrated by this.

Here are a few more links about this issue from various newpapers.

http://www.thedailyreview.com/news/dep_revokes_three_permits_issued_to_ultra_resources_and_fortuna_energy

http://www.stargazette.com/article/20091028/NEWS01/91028017/Pa.+agency+revokes+erosion+permits+for+Fortuna+Energy++Ultra+Resources+

NCRO Weekly Report

NORTHCENTRAL REGIONAL OFFICE-WILLIAMSPORT

WEEK OF OCTOBER 26-30, 2009

Issues Requiring the Governor’s (or Governor’s staff) ACTION

 

Nothing new to report

 

Issues Requiring the Governor’s (or Governor’s staff) ATTENTION

 

Nothing new to report

 

Management and Productivity

 

Nothing new to report

Recovery Activities

 

DEP ARRA Grants Workshop, City of Williamsport, Lycoming County: Office of Energy and Technology Deployment Manager Dave Shimmel was invited by the Larson Design Group to present an overview of DEP grants funded by ARRA and the commonwealth.  On Oct. 27, Shimmel provided a PowerPoint overview and distributed handouts of the various DEP and DCED energy grant programs to more than 60 persons.  The audience consisted of contractors, local government officials, equipment vendors and technical consultants. A representative from PPL was also present to give a presentation on the company’s Act 129 plan.  (Dave Shimmel 570-327-3568)

 

What’s Hot/Major Actions

Ultra Resources Inc. and Fortuna Energy Inc. Permit Revocations, Gains, Elk, Jackson and Ward Townships, Tioga County and Pike and Abbott Townships, Potter County: On Oct. 28, the Oil and Gas program revoked three erosion and sedimentation control permits previously issued to Ultra Resources Inc. and Fortuna Energy Inc. due to technical deficiencies. The program also sent notice of violation letters to the three licensed professionals who prepared the applications. The permit revocations mean that the two gas exploration companies must immediately halt all earth disturbance activities at the sites except those necessary to install or maintain erosion and sediment control or post-construction and site restoration best management practices. Neither company is eligible to re-submit notices of intent requesting the expedited permit process for those locations. These three permits were appealed to the Environmental Hearing Board by the Chesapeake Bay Foundation in August and September, prompting DEP to re-examine the permits to determine if they met the Chapter 102 requirements.  In its letter to the three licensed professionals, DEP advises them that additional enforcement action may be taken against them, including possible referral to the Department of State, Bureau of Professional and Occupational Affairs for disciplinary action.  (Jennifer Means 570-321-6557)

Chesapeake Appalachia LLC, Oregon Township, Wayne County: On Sept. 23, the Oil and Gas program received aerial photos depicting an area of leafless trees extending down gradient from the corner of a gas well pad located in Oregon Township.  The Robson well pad is operated by Chesapeake Appalachia LLC.  The well is drilled and shut in.  On Sept. 24, Oil and Gas program staff initially inspected the Robson well pad and the associated area of concern.  Based on this initial visual inspection, there was no evidence of a surface impact to the area with leafless trees, but the DEP inspector indicated the need for additional subsurface sampling.  DEP staff re-inspected the location on Oct. 15, collected soil samples that had a UV-IR analysis.  This analysis tests for the presence of petroleum products.  During this inspection, a faint petroleum odor could be detected in the soil where the DEP inspector disturbed the subsurface.  Sample results received on Oct. 22 confirmed the presence of a weathered petroleum product in these soil samples.  Chesapeake has been notified of the DEP sample results and the company has initiated an ongoing investigation at the well pad location.  DEP and Chesapeake have scheduled a meeting to discuss this issue on Oct. 29.  (John Ryder 570-327-0533)

 

Chief Oil & Gas LLC, Penn Township, Lycoming County: On Oct. 21, the Oil and Gas program finalized a $2,100 civil penalty with Chief Oil & Gas for past violations at the company’s Bower Unit 1H natural gas well site located in Penn Township.  On May 7, DEP conducted an inspection of the well site in response to a citizen complaint of a potential spill onto an adjacent farm field.  A Chief employee informed DEP that a subcontractor working at the well site had caused a spill while pumping drilling mud from one tank to another.  The spill of the drilling mud onto the ground was reported to Chief by the subcontractor to be insignificant and cleaned up.  Chief never reported this spill to DEP.  Chief submitted analytical results on June 12 of barium and chloride testing conducted on four soil samples, three from inside the spill site, and one from outside the spill site.  The analytical results indicated the barium and chloride levels to be within acceptable levels.  (Jennifer Means 570-321-6557)

Potential Problems/Potential Major Actions

 

Nothing new to report

 

Good News/Major Accomplishments

 

Fred Carson Disposal Services Inc., College Township, Centre County: On Oct. 28, the Waste Management program received a $2,000 civil penalty from Fred Carson Disposal Service Inc. for waste transporter violations.  A waste vehicle inspection was conducted at the Dale Summit Transfer Station in College Township, Centre County, on Sept. 9.  Carson owned two vehicles–a packer truck that did not have an operational record and a roll-off container truck that had a leaking load.  (James E. Miller 570-327-3431)

 

Gerald Lane, Troy Township, Bradford County: On Oct. 21, the Waste Management program received a $2,113 civil penalty from Gerald Lane for violations of the Pa. Solid Waste Management Act.  In June, Waste Management staff observed a large plume of smoke from a distance and responded to a fire at Lane’s property in Troy Township.  At the time of the investigation, Lane was burning a barn that contained household waste, waste tires, a mattress, a propane tank and construction/demolition waste.  Lane was attempting to extinguish the fire but he was not making adequate progress and the Troy Fire Department responded to extinguish the fire.  Lane disposed of more than five tons of solid waste at the Bradford County Landfill from the clean up of the ash residue and remaining waste from the fire.  (James E. Miller 570-327-3431)

 

Outreach/Upcoming Events

 

Act 537 Meeting, Centre Region Council of Governments, Centre County: On Oct. 26, Robert Everett, Daniel Thetford, and Robert Boos of the Water Management program’s Sewage Facilities Planning section, met with the planners of the Centre Region Council of Governments (COG).  The COG represents State College Borough, and College, Ferguson, Halfmoon, Harris, and Patton townships.  The COG has undergone some turnover in staff over the last few years as has the Sewage Facilities Planning section.  The purpose of the meeting was for new faces to meet and to have discussion on the historical, current and possible future developments in sewage facilities planning.  Topics of discussion included special protection waters/anti-degradation requirements; Chesapeake Bay Strategy requirements; review of sewage planning modules and their acceptable uses; Act 537 base plans and updates; current and alternate technologies in on-lot sewage disposal; soil and geology of the Centre Region; and the role of municipalities in the sewage planning process, among others.  The meeting was productive and appreciated by the COG. (Robert Boos 570-327-3399)

Central Pennsylvania Bankers Annual Roundtable Meeting, University Park, Centre County: Office of Energy and Technology Deployment Manager Dave Shimmel was invited by the Pa. Small Business Development Center to provide a PowerPoint overview of state energy programs to a regional banking group.  Shimmel highlighted those energy grant programs that would likely benefit from loan support and participation by these central Pennsylvania banking entities.  Twenty six persons were in attendance at the Oct. 23 session held at the Centre County Visitors Center.  (Dave Shimmel 570-327-3568)

Benton Area School District Biomass Project, Benton Borough, Columbia County: On Oct. 26, the Benton Area School District took one of the final steps in closing out its Pa. Energy Development Authority grants with a preview of its recently completed biomass boiler. The biomass unit is located in a renovated central heating plant that supplies hot water to both the junior/senior high school and the Appleman Elementary School.  The two PEDA grants totaled $700,000 towards an overall project value of just under $2 million. The project will save 45,000 gallons per year of No.2 fuel oil with projected savings of more than $90,000 even using the most expensive biomass fuel.  The system has the capability of firing a variety of biomass fuels such as wood chips, switchgrass or corn.  Office of Energy and Technology Deployment Manager and project advisor Dave Shimmel used the occasion to conduct a final site visit in conjunction with the eventual grant close out.  More than 40 persons attended the event.  (Dave Shimmel 570-327-3568)

Recertification Inspection, Milesburg Borough, Centre County: On Oct. 27, Emergency Response Manager Gerald McKernan participated with the PEMA Act 165 Hazmat Team recertification inspection for Eagle Towing and Recovery. Eagle’s Hazmat Team is contracted to Centre, Clearfield and Clinton counties in the Northcentral Region and several counties in Southcentral Region.  McKernan was tasked with reviewing their air monitoring instrumentation, calibrations records for each instrument, along with a demonstration of operation and data interpretation.  (Gerald McKernan 570-327-3722)

 

Act 2

Basalla Property Act 2 Site, Snowshoe Township, Centre County: On Oct. 23, the Environmental Cleanup program approved an Act 2 Final Report that demonstrated attainment of the Statewide Health Standards (SHS) for soil and groundwater.  On Dec. 18, 2008, 250 gallons of kerosene was released when a valve on an aboveground storage tank was inadvertently knocked open during a fuel delivery by Lucas Oil Company.  Soil downslope and in the former septic leach field were contaminated by the release.  About 120 gallons of kerosene flowed to an unused septic tank that was located downslope of the storage tank.  About 124 tons of contaminated soil was excavated in late December 2008 and early January.  Soil samples were collected and demonstrated attainment of the SHS.  Water with kerosene pooled on top was encountered in the excavation closest to the storage tank.  The kerosene/water mixture from the excavation and unused septic tank was removed and properly disposed.  Groundwater characterization was conducted by installing one monitoring well within the former excavation.  All results were below the SHS.  (Randy Farmerie 570-327-3716)

Bailey Property Act 2 Site, Mt. Carmel Township, Northumberland County: On Oct. 23, the Environmental Cleanup program approved an Act 2 Final Report for the Bailey Property located in Mount Carmel Township.  During a delivery of home heating oil by Duke Oil, a seam ruptured on a 275-gallon aboveground storage tank releasing about 160 gallons.  Minuteman Spill Response, Response Environmental Inc., and Marshall Miller & Associates conducted the remedial activities at the site as well as the submission of the Final Report.  About 60 tons of contaminated soil was excavated and 22 soil samples collected as part of the cleanup activities.  Post-excavation soil sample results indicated that the diesel fuel compounds of concern were below DEP’s Residential Statewide Health Standards for soil, and the site received an Act 2 relief of liability.

(Randy Farmerie 570-327-3716)

Costy’s Used Truck and Auto Parts Act 2 Site, Richmond Township, Tioga County:  On Oct. 20, the Environmental Cleanup program approved the Act 2 Final Report for the Costy’s Used Truck and Auto Parts property along old Route 15 just south of Mansfield.  The final report demonstrated that the Site-Specific Standard had been attained for soil and groundwater on the 30-acre site.  On July 25, 2003, DEP had previously approved an Act 2 Final Report for a 7-acre portion of the auto salvage yard, also for the Site-Specific Standard.   Lowe’s Home Centers Inc. purchased six tax parcels and will retain 26 acres with two lots being subdivided for other commercial development.  The site will be developed into a Lowe’s Home Center retail store and will include a new public water line to service the store.  An environmental covenant was established for the deeds of the affected properties that restricts the use of groundwater and limits the use of the properties to non-residential purposes.  (Larry Newcomer 570-327-3418)

NPDES Majors Backlog Status

 

Number of Overdue Permits-0

Number of Permits Issued This Week-0

Number of Permits Newly Expired This Week-0

(Chad Miller 570-327-3639)

 

Items for the DEP Planning Calendar

 

Nothing new to report

DEP issues $3,000 fine to Dunn’s Tank Service for illegal transfer station in Wysox; Company was storing gas well drilling wastewater without permit

I just want to point out two things here.

1. There is something very wrong with the fact that we have a lot of wastewater sitting around in various places, permitted or not permitted, and no place or way to dispose of it. If this industry was new to the planet then I might cut it and the state agencies a little bit of slack, but it’s not new! They have been drilling out west at this rushed rate long enough to know that they are going to have waste water and it’s going to have to go somewhere. Heck, most local residents I have spoken with can figure this out and most of them are not that familiar with the gas industry. I want to know why this problem was not solved prior to the drilling. My suspicions are as follows. The DEP and the state of PA are new to this. On some level they might claim that they didn’t know what to expect. That really doesn’t get them off the hook though. It’s their job to protect and keep themselves informed and up to date on what transpires on the state lands and waterways, so they should have made sure that somebody in the DEP knew what was to come and then made sure the regulations were in place to take care of preconceived problems, such as waste water disposal. My other suspicions are purely political and I will not get into that here, especially since they are suspicions.

2. I find it to be either extremely short sighted and poor management for Dunn’s Tank Service to not know the laws that relate to their industry or to have made no effort to find out what they are. To me that basically says, ” We don’t really care and were not really that competent.” And they’re the ones responsible for transporting toxic wastewater around the state? Wonderful.

BY JAMES LOEWENSTEIN

The Department of Environmental Protection announced Tuesday that it has fined Dunn’s Tank Service Inc. of Towanda $3,000 for operating a waste transfer station without a permit last July in Wysox Township.

“Dunn’s was storing gas well drilling wastewater in tanker trailers and you must have a waste transfer station permit from the DEP to do that,” said DEP Northcentral Regional Director Robert Yowell. “DEP will take similar enforcement action against any other such illegal facility in this region.”

DEP inspectors investigated a citizen complaint in late July and discovered two tanker trailers at the Dunn site holding about 10,000 to 12,000 gallons of gas well drilling wastewater, the DEP said in a press release that it issued on Tuesday.

A Dunn’s employee told DEP inspectors that his company was transporting the wastewater to the tanker trailers for temporary storage when disposal facilities were unable to accept it, the press release said.

The DEP sent Dunn’s a notice of violation letter containing requirements that all wastewater be removed from the site and that no additional wastewater be transported there, the release said.

A DEP inspection in August confirmed that the company had complied with those orders, the release said.

The fine was paid to the Solid Waste Abatement Fund that pays for cleanups across the state, the environmental agency said.

Todd Dunn, owner of Dunn’s Tank Service, said his company did not know the storage of the wastewater required a permit.

“We’re from Oklahoma,” he said. “It was ignorance on our part on not knowing the law.”

He said the wastewater was actually stored at the site in two steel “frac” tanks.

In Oklahoma and Texas, storage of wastewater in the frac tanks would not have required a permit, he said.

He also said the wastewater that was stored was not hazardous. “It was basically fresh water,” Dunn said.

“There was no danger,” he said. “There was no contamination or anything like that.”

“I was shocked that they didn’t give us a warning,” rather than issue a fine, he said.

Dunn said that since the fine was imposed, Dunn’s Tank Service has held a workshop for its supervisors to make sure they know the DEP rules and regulations that would pertain to the company, he said.

Dunn’s Tank Service, which is headquartered in Oklahoma, has an office in Towanda.

James Loewenstein can be reached at (570) 265-1633; or e-mail: jloewenstein@thedailyreview.com.

Two Days Remaining….

Please make sure your voice is heard by Wednesday! This is a very well written letter by Don Williams and I encourage you all to write your own or contact me for a template you can use.

At midnight on Wednesday, October 7th, the period for public comment on a permit request to dump treated gas well waste water into the Susquehanna River will close. Last week, about 60 residents gathered at the local DEP office to speak out against this permit. It is my sincere hope that you might also be willing to send an email to DEP expressing your concern over this planned toxic waste discharge into the river. Your message need not be long. Two or three sentences are sufficient. It is necessary to include your full name and mailing address in the text of the message. Please state clearly that you are opposed to allowing TerrAqua to dump treated water into the river. Addresses and a sample message appears at the bottom of this FreshMail.

At last week’s public hearing, those in attendance spontaneously broke into applause at the close of Don Williams’ prepared statement. Perhaps his views (below, in italic) will give you some food for thought as to what you might say to DEP officials.

Gas well drilling is here to stay. It is my belief that the industry’s presence here is a greater threat to public health than anything I have ever seen in my lifetime. All the organic food and vitamins in the world cannot counter balance the toxins we will all be exposed to. If you live in Pennsylvania, you will be impacted. Please be willing to stay informed and take action whenever the opportunity arises. Begin now. Thank you.

Barb Jarmoska

Good evening. I’m Don Williams of Harleysville, PA, and I appreciate the opportunity to speak tonight. I am a native and citizen of the commonwealth of Pennsylvania, and my ongoing education includes a bachelor’s degree in earth and environmental sciences from Wilkes College. In 2005, I partnered with the Chesapeake Bay Foundation and American Rivers to name the Susquehanna River as the most endangered river in the nation. It appears we may be soon approaching that point again.

As an environmentalist who witnessed and participated in the first earth day, I continue to marvel at the infinite wisdom of Rachel Carson’s choice of three simple words – web of life – to describe all of nature. Almost 40 year after the first earth day – we are now at a point where this commonwealth’s commitment to protecting the environment is – in truth – heading toward where it was 40 years prior to 1970. In the present day Marcellus Shale frenzy, we are once again striking a Faustian bargain at the expense of our natural resources, jeopardizing the quality of our land and our waters in exchange for the false promise of jobs and fleeting economic prosperity for a limited few.

A detailed DEP study done earlier this year concluded that about 980,000 pounds per day of assimilative capacity remains for total dissolved solids on the West Branch. TerrAqua’s draft discharge permit allows between 54,412 and 522,245 pounds per day of total dissolved solids to be discharged to the river.

Let’s crunch these numbers a little further. This equates to 15.7 million pounds of solids – containing far too many unknowns – being dumped into the west branch of the Susquehanna every month. That’s about 95 tons per year. And that’s from one treatment plant. If we continue to accept frackwater in a growing number of new treatment plants on the north branch as well, what will our watershed, and our waters, look like next year…or 5 years from now, and what will we leave as our legacy for future generations?  Where is the tipping point of assimilative capacity? I certainly don’t know, however, having studied numerous detailed environmental modeling failures over the past three decades, I truly do not believe the DEP knows either.

In May 1971, just about one year after the first earth day, the following amendment was added to the Constitution of this commonwealth:

“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

Webster’s defines pure as: “unmixed with any other matter” and conserve as: “avoid wasteful or destructive use of”. So far, from my perspective, it appears that many of our state and federal agencies have differing views on exactly what these words mean.

I am fully opposed to the further degradation of the Susquehanna River by any action or from any source. Further, until there is a complete disclosure of any and all chemicals used in the horizontal hydro fracturing process, I am requesting that any action on any/all frackwater treatment plant applications be suspended indefinitely.

As a citizen of the commonwealth of Pennsylvania, and per our Constitution, I believe these are our lands these are our waters. What is happening throughout the Susquehanna and Delaware and Ohio watersheds today, and how we react to it, will be our legacy to those generations yet to come. I believe that the “state of independence” is much, much more than a tourism slogan. From Dimock to Dunkard Creek, from Lake Otsego to the Chesapeake Bay, and from Harrisburg to Washington, we must do all that is necessary to ensure our gift to the future includes cleaner waters, cleaner air, and a Penn’s Woods we will be proud to leave behind. Thank you.

Northcentral Regional Office of DEP Report for Sept 28th-Oct 2nd

NORTHCENTRAL REGIONAL OFFICE-WILLIAMSPORT

WEEK OF SEPTEMBER 28-OCTOBER 2, 2009

Issues Requiring the Governor’s (or Governor’s staff) ACTION

Nothing new to report

Issues Requiring the Governor’s (or Governor’s staff) ATTENTION

Nothing new to report

Management and Productivity

Nothing new to report

Recovery Activities

Nothing new to report

What’s Hot/Major Actions

Cabot Oil and Gas Corp. Spill, Dimock Township, Susquehanna County: On Sept. 24, the Oil and Gas program issued an order to Cabot requiring the company to cease the hydro fracking of any wells in Susquehanna County until the company completes a number of important engineering and safety tasks.  The order requires Cabot to develop within 14 days an updated and accurate Preparedness, Prevention and Contingency Plan and Control and Disposal Plan for all permitted well pad sites in Susquehanna County. The company must conduct an engineering study of all equipment and work practices associated with hydraulic fracturing at all well sites in the county within 21 days. Cabot also must place the approved Preparedness, Prevention and Contingency Plan and Control and Disposal Plan in a conspicuous location at each permitted well site and provide a copy to each contractor and subcontractor working at any well site. Contractors and subcontractors cannot begin work at any well site until they receive the two plans.  (Jennifer Means 570-321-6557)

TerrAqua Resource Management LLC Public Hearing, City of Williamsport, Lycoming County: On Sept. 30, a public hearing was held by DEP’s Water Management program to receive testimony regarding TerrAqua’s draft NPDES industrial wastewater permit. The company wants to construct a plant to treat gas well drilling wastewater.  This public hearing follows a public meeting that was held July 8, which generated significant public interest and comment.  About 60 people attended the public hearing with 12 people providing oral testimony.  Clean Water Action was the only statewide environmental group that provided testimony.  DEP will continue to accept written testimony and comments regarding this permit application through Oct. 7.  (Robert Hawley 570-327-0530)

Northeastern ITS LLC, Mercer, Venango, Clarion, Jefferson, Clearfield, Centre, Union, Snyder, Northumberland, Columbia, Schuylkill, Lehigh and Northampton Counties: The Pa. Bulletin notice for the Chapter 102 permit application was published Sept. 26 for this fiber optic line project.  AECOM, consultant for Northeastern ITS, continues to update the mapping for the Chapter 102 permit application.  One such update now includes a portion of Columbia County.  This change will necessitate a revised notice to the Pa. Bulletin.  NWRO has not received any revised Chapter 105 applications.  (John Twardowski 570-321-6523)

Emergency Response, Pine Creek Township, Clinton County: On Sept. 22, Emergency Response Manager Gerald McKernan responded to a residual waste spill along Pa. Route 220 in Pine Creek Township.  A Dirt Inc. truck was transporting gas drilling fines from a Chesapeake gas well in Bradford County to the Clinton County Solid Waste Authority in Wayne Township.  For an unknown reason, the truck lost the entire load from the Avis exit of Route 220 to the landfill in Wayne Township.  The local fire department was washing the residual waste from the road surface until requested to stop.  PennDOT then used a street sweeper to remove the sludge from the road surface.  Eagle Towing and Recovery was hired to remove the residue from the shoulder of the road.  Appalachian Utilities has a drinking water well in the immediate vicinity supplying Avis Borough and Pine Creek Township.  The incident was referred to the Waste Management program for follow up.  (Gerald McKernan 570-327-3722)

Potential Problems/Potential Major Actions

Watrous Water Association, Gaines Township, Tioga County: Water Supply Management program staff continue to deal with the Watrous Water Association regarding its community water system.  The association board discontinued use of the Benaur Spring since there was no disinfection on that source.  The property owners of the land where the spring is located stated that they will not allow the association to use their land to provide power or construct buildings in order for disinfection to occur.  The association has reverted to using Hanky Panky Spring as its sole source, which is also under the influence of surface water and needs to either be abandoned or filtered.  Exceedingly high water use due to seasonal use of homes and cabins on the system has caused problems meeting the demand.  A number of association board members have threatened to resign and have told a number of system customers that they should be drilling individual wells.  Watrous Water Association has neither the financial nor managerial capabilities to run a community water system.  DEP staff will continue to work with the association though it appears a compliance document will ultimately be needed to keep the association moving in a positive manner to comply with our regulations.  (John Hamilton 570-327-3650)

Good News/Major Accomplishments

Sewage Connection Limitations Lifted, Moshannon Valley Joint Sewer Authority, Centre County: In 2002, Moshannon Valley Joint Sewer Authority and its tributary communities of Morris, Rush, and Decatur Townships, and Chester Hill and Philipsburg Boroughs were placed on sewage planning restrictions.  The sewage treatment plant was hydraulically and organically overloaded, experienced bypasses, and had multiple effluent violations.  Most of the problems were associated with excessive inflow/infiltration entering the collection systems in the respective municipalities.  Through consent orders and agreements with each of the tributary municipalities, the collections systems were rehabilitated to eliminated the excessive inflow/infiltration.  The flows have been greatly reduced, no effluent violations have been reported for at least two years, and the treatment plant is no longer in an existing or projected overload.  On Sept. 28, the Water Management program lifted the planning restrictions.  (Robert Boos 570-327-3399)

M.W. Farmer Co., South Williamsport Borough, Lycoming County: On Sept. 23, the Waste Management program received the final payment of a $48,000 civil penalty issued to the M.W. Farmer Co. for residual waste violations.  The civil penalty was part of a November 2005 consent order and agreement with Farmer to correct residual waste violations that included accepting and storing residual waste associated with the removal and salvaging of underground storage tanks, and the acceptance and storage of waste oil, which requires a permit from DEP, at the company’s property in South Williamsport. (James E. Miller 570-327-3431)

Casella Waste Management of New York Inc., Ulysses Township, Potter County:  On Sept. 24, the Waste Management program finalized a $3,000 civil penalty with Casella Waste Management of New York Inc. for waste transporter violations noted during an Aug. 26 waste vehicle inspection at the Potter County Transfer Station.  Casella operated two waste transportation vehicles that lacked the required sign to identify the type of solid waste being transported.  (James E. Miller 570-327-3431)

On-Lot Sewage Crisis, Lycoming Sanitary Committee, Lycoming County: The committee relies on an 85 percent state grant to cover operating expenses. Because of the budget impasse and the early depletion of allocated funds under the previous budget, the committee is currently operating on a $150,000 line of credit from a local bank that is projected to run out on Sept. 25. This is in addition to the 2008 state reimbursement of $260,000 that it is still waiting to receive for the previous year’s expenses. The board had voted to permanently close down the agency if it doesn’t get the state reimbursement by Sept. 25.  UPDATE: During its meeting on Sept. 24, the board decided to keep the doors open until November when it will reevaluate staying in operation or closing and filing for bankruptcy.  The hope is that by November the state budget will be resolved, the grant program funded, and the 2008 reimbursement received. (Robert Boos 570-327-3399)

Outreach/Upcoming Events

Conservation District Roundtable, Northcentral Region: On Sept. 25, the Watershed Management program hosted the fall conservation district roundtable meeting with our conservation district partners.  Conservation district staff from 12 districts attended and heard reports and took part in discussion on the Lycoming County nutrient trading project; an update on the Oil and Gas program in the NCRO; increased activity in regional agricultural compliance; and an update from central office staff on the newly revised Chapter 102 erosion control regulations.  The group then divided into program specific breakout sessions to further discuss program issues with the respective program staff.  Two of these roundtable meetings are held each year to further increase the communication and close working relationship with our conservation districts and to exchange ideas and concerns on specific issues.  (David Garg 570-321-6581)

Green Career Day, Mt. Pisgah State Park, Bradford County: On Sept. 30, two Water Management biologists were invited for the fourth year in a row to set up a station at the Career Day for 8th graders from Tioga, Bradford and Sullivan Counties.  DEP was one of 21 agencies and green industries represented at the Career Day.  Students learned about the importance and variety of natural resource job opportunities that exist in the Northern Tier.  As in years past, the DEP station was very popular with around 32 students learning about fish capture techniques, fish identification and health and environmental conditions that affect fish populations.  Many questions were asked and interest was shown in a career with DEP. (Tom Randis 570-327-3781)

OSHA Refresher and General Safety Training, Northcentral Regional Office: On Sept. 23, Gerald McKernan, Jack Kernan, John Erich and Denny Wright conducted OSHA Refresher and General Safety Training to eleven NCRO employees.  The training provided employees with an overview of hazardous material safety procedures, Office of Administration, DEP’s and Field Operation’s safety policies, and basic standard operating procedures.  (Gerald McKernan 570-327-3722)

Table Top Exercise, City of Lock Haven, Clinton County: On Sept. 29, Emergency Response Manager Gerald McKernan participated in a table top exercise at the Clinton County Emergency Operations Center in Lock Haven.  The exercise was a fracking pipe failure resulting in a heating oil release and a brush fire at a well site in Grugan Township.  Other state agencies participating in the exercise were the State Police, PennDOT, PEMA, and DCNR, along with local emergency fire and medical services.  The exercise was managed by O’Brien’s Response Management and funded by Anadarko.  It was an excellent networking and learning experience for all participants.  Communication problems were the major issue due to the remoteness of the location, lack of cell service, satellite phone connectivity, and lack of radio communications by Anadarko with the county.  (Gerald McKernan 570-327-3722)

Act 2

Palmer Industrial Coatings Inc. Act 2 Site, Woodward Township, Lycoming County: Palmer Industrial Coatings was granted Act 2 relief of liability on Sept. 30 for soil contaminated with gasoline, diesel and heating oil.  The soil was remediated to meet Statewide Health Standards.  One 2000-gallon underground storage tank that previously held heating oil and two 1000-gallon tanks that previously held gasoline/diesel fuel were located onsite.  The tanks were removed starting in June 2008 by M.W. Farmer.  Soil was found to be contaminated with gasoline, diesel and heating oil constituents and was excavated.  Three confirmatory soil samples were taken below each tank for a total of nine samples.  All soil samples came back below DEP’s Statewide Health Standards.  About 74 tons of contaminated soil was disposed at Lycoming County Landfill.  (Randy L. Farmerie 570-327-3716)

Rainey Property Act 2 Site, Bell Township, Clearfield County: On Sept. 30, the Environmental Cleanup program approved an Act 2 Final Report that demonstrated attainment of the Site-Specific Standard for soil and groundwater.  In 1998, gasoline contaminated groundwater was discovered at a property across the road from the site.  DEP’s investigation revealed that the site was a former gasoline station and in the mid-1980s underground storage tanks were removed without closure sampling being conducted.  The property owner, Richard Rainey, refused to complete site characterization.  As a result, DEP issued an administrative order on Jan. 18, 2002.  Soil and groundwater characterization were completed for the site.  About 114 tons of contaminated soil was removed from the former tank pit area.  Sampling of soil and groundwater demonstrated attainment of the Site-Specific Standard.  (Randy Farmerie 570-327-3716)

FB Leopold Act 2 Site, Watsontown Borough and Delaware Township, Northumberland County: On Sept. 23, the Environmental Cleanup program approved the Act 2 Final Report for the attainment of a Non-Residential Statewide Health standard for soil and groundwater at the FB Leopold Media Filter Company in Watsontown.  The site was used for brick manufacturing from 1913 through 1986, and a coal gasification plant was operated on a portion of the site from 1979 to 1984.  In 1990, the site became an anthracite screening operation.  FB Leopold operated from 1996 through 2006, when the current owner, ITT Corporation, assumed operations.  An environmental site assessment detected isolated areas of soil contamination.  Remediation consisted of excavation of these impacted soil areas, and the collection of post-remedial samples confirmed that Act 2 Non-Residential Statewide Health standards had been attained.  An executed environmental covenant was submitted to ensure that the site use remains non-residential and that groundwater not be used as a potable water source. (Larry Newcomer 570-327-3418)

NPDES Majors Backlog Status

Number of Overdue Permits-0

Number of Permits Issued This Week-0

Number of Permits Newly Expired This Week-0

(Chad Miller 570-327-3639)

Items for the DEP Planning Calendar

Nothing new to report

Is Wasteater Discharge into the Susquehanna River Possible?

Opposition expressed to wastewater treatment facility

By DAVID THOMPSON dthompson@sungazette.com

Nearly all those who testified Wednesday during a public hearing regarding a proposed gas drilling wastewater treatment facility spoke in opposition.

The hearing, held at the northcentral regional office of the state Department of Environmental Protection, was held to gather public testimony regarding an application by TerrAqua Resource Management of Williamsport for a permit to discharge treated gas drilling wastewater into the West Branch of the Susquehanna River.

The company, a subsidiary of Larson Design Group, wants to treat and discharge up to 400,000 gallons per day of gas drilling wastewater into the river.

However, many in attendance had concerns regarding the impact the treated water will have on the river, including its ecosystem and the people who use it as a source of drinking water.

Others expressed concerns about how gas exploration will impact the entire state.

Fairfield Township resident Anne Harris Katz, a scientist, asked how the DEP will make sure treated water does not contains harmful toxins when it is discharged into the river.

Katz questioned the department’s ability to monitor those toxins and determine their impacts once they enter the watershed.

She also questioned the agency’s role in the Marcellus Shale Wastewater Partnership, which she said was comprised of the DEP and industry organization the Marcellus Shale Committee. Katz said the partnership should contain more stakeholders, such as local residents, scientists, and environmental and planning organizations.

“However, it still remains questionable in my mind that a regulatory agency should be part of any partnership involving a group whose activities it regulates,” she said.

Don Williams of Harleysville said allowing the gas industry to gain a foothold in the state would set back environmental improvement efforts decades. Williams compared “the Marcellus Shale frenzy” to making a pact with the devil.

“We are once again striking a Faustian bargain at the expense of our natural resources, degrading the quality of our land and our waters in exchange for the false promises of jobs and the fleeting economic prosperity for a limited few,” he said.

“I am fully opposed to the further degradation of the Susquehanna River … and I am respectfully requesting this application be denied,” Williams said.

Williams added that until the gas industry provides full disclosure of all chemicals used in the hydrofracturing process, action on all gas drilling wastewater treatment plant applications be suspended.

The draft permit for the proposed facility allows the discharge into the river of between 54,000 and 522,000 pounds of total dissolved solids per day. That equates into 15.7 million pounds of solids being discharged into the river every month, he said.

If additional plants are built, “what will our watershed … look like next year, or five years from now?” he asked.

Several people who testified, including Jon Bogle and Mark Szybist of the Responsible Drilling Alliance, said the company’s application should be resubmitted.

Szybist said the application no longer is valid because the company plans to use a different treatment process than originally was stated in the application.

A new application should be submitted and the public should be given time to review it and comment on it, he said.

Nathan Sooy of Clean Water Action agreed that a new application should be submitted because of the new technology the company is proposing.

Sooy argued that because of uncertainties in the toxicity of the wastewater the facility will receive, the DEP should institute a stringent testing tool called Whole Effluent Toxicity Testing, or WETT.

Sooy also expressed concern that the method the company plans to use to treat the water through evaporation results in significant air pollution and hazardous waste disposal issues.

Former county planning department chief Jerry S. Walls said properly designed and well-run treatment plants are essential if the region is to realize the full economic impact of development of natural gas resources in the Marcellus Shale.

“We need these treatment facilities, but we also must respect and use the best science available to avoid yet another cycle of natural resource extraction followed by decades of publicly funded pollution cleanup,” he said.

Walls added that he had concerns about the cumulative impact of 10 or more treatment facilities on the west branch of the river and the Chesapeake Bay.

He suggested that in addition to civil and sanitary engineers, scientists, such as health physicists, nuclear scientists and others, are needed to design methods that adequately can treat the substances contained in gas drilling flow back fluids.

Walls also expressed concern over the way in which naturally occurring radioactive material found in flow back water will be disposed of.

Local businesswoman Barbara Jarmoska said that in 30 years of working in the natural health field, she has seen increased levels of breast cancer in women and autism in children. Jarmoska said she was concerned about the agency’s ability to test for all potential toxins that could be present in the water.

Pointing to the agency’s inability or unwillingness to post permit applications and other public records online, John Kesich suggested the DEP may be involved in a conspiracy to prevent the public from receiving adequate information about gas drilling-related permits.

Ralph Kisberg, also of the Responsible Drilling Alliance, said the gas drilling boom in the region “has gone way too fast.”

Kisberg said a slower approach is needed to allow technology to catch up with the industry’s need to treat wastewater.

Caleb Banas said that to maintain the integrity of the river’s ecosystem, “it is very important that nothing other than water goes into the system.”

Salt, the main pollutant of treated gas drilling water, should not be allowed in the river, he said.

Alliance member Robbie Cross said the DEP’s philosophy on the gas industry runs counter to the state Department of Conservation and Natural Resource’s definition of the Pennsylvania Wilds.

The DEP will accept written testimony through the business day on Oct. 7, said Robert Hawley of the DEP.

Is the Morris Run Injection Wastewater Well at Fault for Dunkard Creek Fish Kill?

It’s still being determined exactly what caused the fish kill at Dunkard Creek, PA/WV but there seem to be all sorts of possibilities! One of these includes the waste water from a Morris Run injection well operated by CNX Gas Co. LLP, a subsidiary of Consol Energy.

Golden algae to blame for Dunkard Creek fish kill

Friday, September 25, 2009

By Don Hopey, Pittsburgh Post-Gazette

A bloom of toxic alien algae is being blamed for killing thousands of fish, mussels and other forms of aquatic life in more than 30 miles of Dunkard Creek along the Pennsylvania-West Virginia border this month.

Randy Huffman, West Virginia Department of Environmental Protection secretary, told West Virginia Public Broadcasting yesterday that low, warm creek flows and high levels of chlorides and dissolved solids combined to produce an environment conducive to the growth of golden algae, a species of algae usually found in southern and southwestern states.

The West Virginia DEP refused to confirm Mr. Huffman’s diagnosis yesterday but a spokeswoman said it would issue a news release about the Dunkard Creek fish kill this morning.

Tom Hoffman, a spokesman for Consol Energy which has mines in the area, confirmed that the company’s scientists believe the golden algae, also known as golden-brown algae, was a cause of the fish kill.

“It’s difficult to say what was the cause in this situation, but we believe it’s related to the algae bloom. We still don’t know why the algae was there or what caused the bloom to occur,” Mr. Hoffman said.

The golden algae is one of a large group of algae known as chrysophytes that are usually found in hotter and desert environments and can produce toxins that are lethal to fish and other aquatic life.

Mr. Huffman said the dissolved solid and chloride levels were high because of discharges from a mine treatment facility at Consol Energy’s Blacksville No. 2 deep mine and a second treatment facility at Consol’s Loveridge deep mine near the West Virginia town of St. Leo.

Another contributing cause, Mr. Huffman said, could be what he described as a discharge from a new borehole into which an unspecified company is injecting drilling wastewater into a mine void.

But the only deep injection wastewater well in the area permitted by the U.S. Environmental Protection Agency is the Morris Run injection well operated by CNX Gas Co. LLP, a subsidiary of Consol Energy, at Consol’s closed Blacksville No. 1 mine in Greene County since 2005. Consol uses the well to dispose of wastewater from its methane well drilling operations.

Because of violations at that injection facility from September 2007 to March 2009, CNX was fined $157,500 for violating provisions of the federal Safe Drinking Water Act, including accepting at least 100 truckloads of wastewater with total dissolved solids levels “significantly higher” than its federal permit allowed.

David Sternberg, an EPA spokesman, said the federal order has not been finalized but could require a modification of the injection well’s permit. A public hearing will be held before the order is finalized but it has not been scheduled.

Whether the Morris injection well is contributing to the bad water in Dunkard Creek hasn’t been determined by state or federal agencies. There is a coal barrier between the Blacksville No. 1 and No. 2 mines that should prevent seepage of water from one to the other.

Mr. Hoffman said there’s no indication that any such seepage is occurring or that the Morris injection operation is to blame, and the violations at the Morris mine shaft have long since been corrected. He said identification of the algae is a “breakthrough” in determining the cause of the kill.

“A lot of people assumed it was something coming out of one of our pipes that caused this event,” Mr. Hoffman said. “But this is something different.”

Meanwhile, a coalition of environmental, watershed and sportsmen’s organizations, the Pennsylvania Campaign for Clean Water, is calling on the EPA to stop all gas well drilling discharges into Dunkard Creek and require Marcellus shale gas drilling operations to document where they are disposing of all wastewater.

Each well drilled into the Marcellus shale, a 5,000- to 8,000-foot-deep rock formation underlying much of Pennsylvania and the northern Appalachians, uses between 1 million and 4 million gallons of pressurized water to fracture the rock and release the gas it contains. One-third to one-half of that water, which contains lubricating chemicals and contaminants picked up underground, is pushed back to the surface by the gas and must be disposed of by the drilling companies.

Don Hopey can be reached at dhopey@post-gazette.com or 412-263-1983.