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Water contamination news: Groundwater – Fracking concerns: Will Ohio start accepting drilling brine at 40 landfills? – 13 fracking resource articles.

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Water contamination news: Groundwater

Ohio fracking

Fracking concerns: Will Ohio start accepting drilling brine at 40 landfills?

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Ohioans urge lawmakers to expand natural gas development

 

Hundreds of members of the Ohio Petroleum Council (OPC), Ohio Oil and Gas Association and Ohio Shale Coalition are urging state legislators to expand natural gas development in the state.

“Investments in oil and natural gas are refueling Ohio’s economy,” OPC Legislative Director Robert Eshenbaugh said. “Ohio’s energy revolution took off because lawmakers matched prudent fiscal policies with smart and effective regulation. The legislature should build on recent success by allowing greater development of Ohio’s vast natural gas reserves.”

On Friday, Eshenbaugh addressed more than 200 oil and natural gas advocates, workers, employers and representatives from Ohio’s growing oil and natural gas industry in the Capitol Atrium, as part of the industry’s Oil and Gas Lobby Day. The event focused on the expanding development of Ohio’s vast natural gas reserves that is revitalizing the state’s economically distressed eastern region and creating thousands of good paying jobs across the state.

Last year, 38,000 oil and natural gas related jobs were created in Ohio, according to a recent study by the global information and research firm IHS. Ohio job growth is expected to increase exponentially in the near future, with 143,595 new jobs by 2020 and 266,624 by 2035. The industry in Ohio also paid more than $910 million in state and local taxes in 2011, according to the study.

“This year, we will make sure Ohioans understand that increasing natural gas production means more jobs and more revenue for state and local government,” Eshenbaugh said.

OPC is a division of API, which represents all segments of America’s technology-driven oil and natural gas industry. Its more than 500 members provide most of the nation’s energy. The industry also supports 9.2 million U.S. jobs and 7.7 percent of the U.S. economy, delivers $86 million a day in revenue to our government, and since 2000, has invested over $2 trillion in U.S. capital projects to advance all forms of energy, including alternatives.

Will Ohio start accepting drilling brine at 40 landfills?

Could Ohio landfills soon start accepting large volumes of solidified briny waste from shale drilling in Ohio and other states?

The state has not approved such shipments, but is poised — at least on paper — to open the door for drillers to use this new disposal option. That could result in tens of millions of gallons of drilling liquids being solidified and dumped in Ohio’s 40 landfills.

The possibility is spelled out in a three-page advisory the Ohio Environmental Protection Agency released in September with major input from the Ohio Department of Natural Resources. The agencies would need to approve such requests from landfills.

ODNR supervises drilling; the EPA manages landfills.

Consideration for allowing solidified brine wastes first came at a time when Ohio drillers were concerned about a flood of brine from Pennsylvania reducing available space in Buckeye state injection wells.

A scenario of large quantities of solidified brine coming into the state worries environmentalists.

“It’s bizarre that Ohio would be letting brine go into its landfills,” said activist Teresa Mills, a resident of Grove City in suburban Columbus. “It’s a big Pandora’s box, and it’s very troubling. … It’s a nightmare waiting to happen.”

Chris Borello of Stark County Concerned Citizens said it “sets a dangerous precedent.” She called the possibility shocking and said it creates “a serious loophole.”

“It’s a big concern, and something that needs to be looked at closely,” said Trent Dougherty, an attorney with the Ohio Environmental Council.

Liquid wastes in play include flowback water, produced immediately after hydraulic fracturing, or fracking; plus brine, or production water, generated after the fracking is done and the well goes into production.

Because Ohio landfills cannot accept liquid wastes under current law, the liquid would have to be solidified. Materials used to achieve that could include cement kiln dust, fly ash, foundry sands, shredded auto parts or wood chips.

It then could be classified as solid waste, not hazardous waste, which requires special and more costly handling as some critics advocate.

State rules give ODNR authority to approve other brine disposal methods, including, perhaps, landfilling the solidified liquids. To date, no state approval has been given and no one has requested approval, agency officials said.

At present, such liquid wastes must be stored below ground in Ohio’s 179 injection wells or spread on roads as a deicer.

The liquid wastes can contain significant amounts of salts and total dissolved solids; low-level radiation and toxic heavy metals picked up from the underground rocks; oils and grease; leftover toxic chemicals used in the hydraulic fracturing of the underground rock; and certain volatile organic compounds, including cancer-causing benzene.

Difficult to gauge

How much liquid waste might be involved is difficult to gauge. Nationally, about 21 billion barrels of brine are produced annually in the United States from nearly 1 million wells, according to the U.S. Department of Energy. Pennsylvania produced about 21 million barrels (each 42 gallons) of brine and wastewater in the second half of 2011.

Ohio is expecting to get nearly 14 million of the 42-gallon barrels of briny wastes in 2012 when final records are tabulated next month. That would be an increase from the 12.8 million barrels in 2011.

More than half of that liquid drilling waste coming into Ohio for injection is from Pennsylvania and West Virginia. Ohio could get even more drilling liquids if New York decides to lift a 4½-year-old drilling moratorium. Much of that waste likely would be sent to Ohio.

The state cannot block such waste because it is interstate commerce protected by the U.S. Constitution.

Paperwork filed

Jim Willis of the New York-based Marcellus Drilling News, a pro-drilling publication, said he was not familiar with any state that allows briny liquid wastes to go into landfills.

At least three Ohio landfills — Mahoning in Mahoning County, Apex in Jefferson and Kimble in Tuscarawas — filed paperwork for new solidification facilities after Allen’s memo came out. All three won EPA approval Nov. 26 for the new facilities.

All three landfills are prohibited from accepting brine, although they can accept drill cuttings, drilling muds and frack sands, according to EPA permits.

Four other Ohio landfills already have similar solidification facilities: American Landfill in Stark County, a site in Mahoning County and two in Fairfield County.

JMW Transfer Station in Canton also has requested a solidification permit, the EPA said. That request is pending.

Such facilities can handle a wide array of liquids and are not exclusive to drilling wastes. They can each cost several million dollars.

The impetus for the new facilities might have been the three-page Ohio EPA advisory, dated Sept. 18. It bears the signature of Pamela Allen, chief of the EPA’s Division of Materials and Waste Management.

State policies

It outlines state policies on dealing with drill cuttings, drilling muds, frack sands and liquids from the Utica drilling in eastern Ohio and Marcellus shale drilling in Pennsylvania and West Virginia.

Her memo reads, in part: “As oil and gas drilling activity in the Utica and Marcellus shale formations increases, licensed municipal solid waste landfills in Ohio and surrounding states should expect to see increased volumes of incoming solid wastes generated from the drilling process, including drill cuttings, drilling muds and frack sands.

“Other wastes associated with shale development, including oil field fluids and brine, will also be generated in large volumes, and there is increasing interest from drilling companies in exploring options to manage these liquid wastes,” she wrote.

Landfills cannot take bulk liquid wastes, but those wastes can be solidified either on site and sent to the landfill or at the landfill itself, Allen said.

Such solidified wastes can be about 20 percent liquid and are often more sludge-like than a solid.

Allen’s memo also spells out state rules from the Ohio Department of Health, plus the EPA and Natural Resources on dealing with drilling wastes.

The advisory appears to offer a new disposal option for brine, but EPA spokesman Mike Settles says Allen’s advisory is not new, just a recapitulation of existing state rules.

The biggest threat

Such wastes could create an environmental problems at the landfills accepting them, said Ben Stout, a biology professor at Wheeling Jesuit University.

The biggest threat, he said, would be certain volatile organic compounds, including benzene and ethylbenzene, that could create a health risk to landfill workers and neighbors. The toxic chemicals from the underground rock would be largely airborne, he said.

Environmentalist Julie Weatherington-Rice said she is worried that large volumes of low-level radioactive waste from the brine and drill cuttings will go into Ohio landfills and create problems. Problems, she said, include city sewage plants that would take radioactive landfill leachate for treatment and discharge it to Ohio waterways.

If such radioactive waste came from a hospital, it would be rejected at Ohio landfills, but it is acceptable under Ohio drilling rules, she said.

Already accepted?

Mills, the environmentalist from Grove City, also is a representative of the Buckeye Environmental Network and the Center for Health, Environment and Justice

She said the state’s solidification advisory came out a short time after she had raised the possibility that Ohio landfills already were accepting drilling liquids.

She found information the Pennsylvania Department of Environmental Protection posts online that reports where that state’s drillers are sending drilling wastes, including liquids.

Four Ohio sites appear to have accepted “drilling liquids” from Pennsylvania in the first six months of 2012.

•Soil Remediation, a company in Lowellville in Mahoning County, accepted 45,077 barrels of “drilling fluids.”

•Tunnel Hill Reclamation Landfill in Perry County accepted 18,429 barrels of “drilling fluids.” It also took in 67.8 barrels of “service fluids.”

•Apex Sanitary Landfill in Jefferson County took in 3,906 barrels of “flowback fluids” from the fracking process.

•Vienna Junction, a construction-demolition landfill on the Ohio-Michigan line near Toledo, is linked to 370 barrels of “drilling liquids.”

Those four sites also legally accepted 116,000 tons of drill cuttings, the Pennsylvania records show, and Ohio also took in 350 tons of fracking sands from its neighbor.

In addition, Moran Industries of Sunbury, in east-central Pennsylvania, has reported that it is shipping drill cuttings to an Ohio landfill. The company says it is unable to identify that landfill due to confidentiality provisions of its rail contract.

Settles, of the Ohio EPA, denied that Mills’ discovery in the Pennsylvania records triggered the agency’s advisory.

It is unclear to the Ohio EPA how Pennsylvania categorizes its liquid wastes, but the agency is checking with that state and with Ohio landfills, Settles said.

He emphasized that Ohio has no knowledge of any landfills in the state accepting liquid wastes that should not have been accepted.

At least one landfill owner says brine will never go into Ohio landfills in large volumes.

Keith Kimble of Dover-based Kimble Companies said that is because it is far cheaper for drillers to pay to inject the liquids than to solidify them.

Drillers typically pay $2 to $4 a barrel for injection, while landfills charge $18 to $20 per ton, according to industry sources.

“I just don’t see it happening,” Kimble said of mass shipments of solidified brine.

———

Bob Downing – Akron Beacon Journal (MCT) / ©2013 the Akron Beacon Journal (Akron, Ohio) / Visit the Akron Beacon Journal (Akron, Ohio) at www.ohio.com

Distributed by MCT Information Services

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Fracking news highlights – 13 articles

Tuesday, Jan 29, 2013 04:54 PM EST
Environmental groups balk as UT pushes forward with fracking proposal
npc-news.knoxnews.com Tue, 29 Jan, 2013 12:30 PM PST
KNOXVILLE — Environmental groups have banded together to ask the state to stop a University of Tennessee frackingproposal to drill for natural gas on its land in Morgan and Scott counties.
 
UT pursues fracking on state-owned land
Tue, 29 Jan, 2013 10:55 AM PST
The University of Tennessee is proposing to lease more than 8,636 acres of public land in East Tennessee to an energy company looking to do hydraulic fracturing for oil or gas.
 
Research and Markets: US Hydraulic Fracturing (Fracking) Regulations Handbook, 2012
Tue, 29 Jan, 2013 10:51 AM PST
DUBLIN–(BUSINESS WIRE)–Research and Markets(http://www.researchandmarkets.com/research/p6b58w/us_hydraulic) has announced the addition of GlobalData’s new report “US Hydraulic Fracturing (Fracking) Regulations Handbook, 2012″ to their offering. US Hydraulic Fracturing (Fracking) Regulations Handbook, 2012 is the latest report from GlobalData, the industry analysis specialists, and offers …
 
Monday, Jan 28, 2013 04:54 PM EST
 Colleyville drill site could be fracked frequently for next year and a half
npc-news.star-telegram.com Mon, 28 Jan, 2013 01:43 PM PST
COLLEYVILLE — Fracking could become a regular occurrence for the next 16 months at a drill site on Pleasant Run Road unless Colleyville officials agree to allow a gas company to tap into city water.

Chattanooga Could be a Hotspot for Fracking
Mon, 28 Jan, 2013 12:48 PM PST
New state rules for hydraulic fracturing of rock to release natural gas have come about as interest builds in tapping the Chattanooga Shale formation. A half-dozen drilling companies have looked at property leases and mineral rights in Hamilton County. …

Horizontal Drilling: A Technological Marvel Ignored
Mon, 28 Jan, 2013 12:38 PM PST
We often hear spokespeople for the oil and natural gas industry talk about how the massive new shale gas and oil resources discovered in recent years were made possible by the wedding of two technologies: Hydraulic Fracturing (“Fracking” in media parlance) and Horizontal Drilling. Once that statement is made, the conversation with news reporters, at townhall meetings and in public speaking …

Article: More Fracking Means More Liability
Mon, 28 Jan, 2013 12:32 PM PST
DIMOCK, PA–In the wake of several multi-million dollar settlements over pollution caused by hydraulic fracturing, including two in this state, a New York legal specialist has published an article called “Fracking Know-How” for property owners and insurers.

You Ain’t Gonna Frack Near Maggie’s Farm: Action Blockades Shell Site
Mon, 28 Jan, 2013 11:25 AM PST
Anti-fracking activists in Bessemer, Penn. on Sunday. A flare from Shell’s drilling is visible in the background. (Photo: Shadbush Collective) We need farms, not fracking. This was the message from a group of concerned activists on Sunday afternoon as they blocked a Shell fracking site in Pennsylvania in part of the wave of rising actions against fossil fuels. read more

Could Chattanooga become hotspot for fracking?
Mon, 28 Jan, 2013 10:21 AM PST
New state rules for hydraulic fracturing of rock to release natural gas have come about as interest builds in tapping the Chattanooga Shale formation.

Reed: Fracking will help ‘manufacturing renaissance’
Mon, 28 Jan, 2013 05:52 PM PST
U.S. Rep. Tom Reed, R-Corning, said he wants a U.S. – 8:36 pm A vacant building registry was created with a vote to change an ordinance Monday by Elmira City…
 
Isn’t this radiation naturally occurring?
Mon, 28 Jan, 2013 04:31 PM PST
(Editor’s note: This is the third of a four-part series on radiation in fracking wastewater.)
 
Senior medic on fracking impact
Mon, 28 Jan, 2013 03:05 PM PST
A medical expert from Canada warns about the impact of shale gas exploration on people’s health in County Fermanagh.

Shell, Ukraine in shale gas agreement
Mon, 28 Jan, 2013 02:06 PM PST
Shell, Ukraine in shale gas agreement AMSTERDAM (AP) — Royal Dutch Shell PLC says it has signed a 50-year profit sharing deal with the government of Ukraine to explore and drill for natural gas in shale rock formations in the east of the country using the process widely known as “fracking.” For Ukraine, the deal is important both for economic development and to reduce its dependence on Russia …

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Drinking water contamination: USA – CDC covered up worst lead contamination in history.

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Drinking water contamination

Lead in tap water

CDC covered up worst lead contamination in history.

How would you like to drink tap water so polluted that it should be defined as hazardous waste? That’s what the majority of people in the United States capital have been drinking—with the CDC’s complicity.

Heidi Stevenson / Gaia-Health.com / December 24, 2012

Tap water in parts of Washington D.C. between 2001 and 2004 was so polluted with lead that it should have been classified as hazardous waste. The nation’s watchdog agency, the Centers for Disease Control (CDC) knew about it—and covered it up.

Let that sink in. What do you suppose the CDC did about it? There seems to be no end to the lengths they will go— obfuscation, misplacement of data, hiding of data, circular reasoning, and outright lying—in their efforts to cover it up. This may have been the worst lead contamination ever in a city’s water supply in America, and it happened in the nation’s capital, Washington, D.C.

If you’ve been following Gaia Health, you know that there is no safe level of lead. In Lead Shrinks the Brain and Causes Violent Crime, the following was documented from studies of hundreds of thousands of children followed for many years:

  • Lead permanently shrinks children’s brains.
  • Lead reduces intelligence in children.
  • Lead makes children—and the adults they become—violent.
  • Lead destroys the ability of children to develop empathy.

For every 5 micrograms per deciliter of lead in blood, the crime rate increases by 50%, starting with the first 5 mcg/dl. Yet, the CDC has set the acceptable rate of lead contamination in children at 10 mcg/dl. In adults, lead in blood leads to a host of diseases, including heart attacks and neurological disorders. It is children, though, who are most severely harmed.

Chlorine in water is noted for being carcinogenic. So, chlorine is often replaced with chloramine in water supplies. There is, though, a benefit of chlorine in the presence of lead pipes; it inhibits the ability of lead to dissolve in water. Chloramine doesn’t have this effect. So, in places where old lead pipes still exist—most commonly in poor neighborhoods—the switch to chloramine resulted in extremely high levels of lead in drinking water. It is understood that this is a serious risk, especially for developing children and pregnant women.

In a 2004 report(1), the CDC stated that heightened water lead levels in D.C. “might have contributed a small increase in blood lead levels.” This report noted that the majority of D.C. households tested had higher than accepted amounts of lead in their water. In spite of this stunning revelation, the report went on to cover up the severity of effects of lead poisoning.

Don’t look here – move on – everything’s okay

How did it happen? Thousands of blood test results were “lost”. The CDC apparently knew it. How could they not? Their response was to pretend that nothing was awry. They published their report with nearly half the data missing, and didn’t even make a note of it.

When caught—after another group of scientists studied lead contamination for the same time period in Washington D.C. in 2007 and found dramatically different results(2)—the CDC dissembled. The head of the CDC study, Mary Jean Brown, admitted that much of the data was missing, but said it really didn’t matter, that only less important data was lost.

The CDC might as well have said, “Don’t look here. We have it all under control. Don’t worry, just move on.”

In a letter to Salon, Brown acknowledged that they were aware of the missing data in 2004, the year the report came out, and said nothing. She blamed the lab for the missing data, but apparently she and her colleagues didn’t go back to the lab and ask for it.

In other words, “It’s not my fault! They did it. So what if we knew it and pretended the data wasn’t missing!”

One scientist for another agency, who wishes to remain anonymous (for fear of losing his job because he’s not allowed to speak to the press) stated, “This is just a circular argument, and it doesn’t wash. When CDC learned the data was missing, someone could have called the lab and asked for it. If it was the lab’s mistake, they would have sent the data.”

Marc Edwards, an environmental engineer, and Dana Best, a pediatrician at Children’s National Medical Center, were two of the scientists who did the 2007 study. They found that, at a minimum, hundreds, possibly thousands, of children were adversely affected by the substitution of chlorine with chloramine, and were even more concerned about another 40,000 children whose mothers were exposed to lead during their pregnancies.

Edwards, who has examined the CDC’s report, claims that not only less significant data went missing, but that high results were gone, too. In a message to the CDC’s associate science director, he stated, “Why is it that every child I have personal knowledge of, who had a strong chance of having elevated blood lead from water, is either deleted or otherwise misrepresented in the data that CDC has and used for this publication?” The only answer he received was a claim of no misconduct.

So how can this possibly indicate anything other than that the CDC intentionally hid the high levels of lead in the national capital’s drinking water?

Sources:

  • (1)Centers for Disease Control, Blood Lead Levels in Residents of Homes with Elevated Lead in Tap Water — District of Columbia, 2004
  • (2)Environmental Science & Technology, Elevated Blood Lead in Young Children Due to Lead-Contaminated Drinking Water: Washington, DC, 2001−2004, Marc Edwards, Simoni Triantafyllidou, Dana Best
  • Lead Causes Violent Crime and Shrinks the Brain
  • Salon.com, Health agency covered up lead harm, by Rebecca Renner
  • Politics, Policy & Public Health, Association between lead poisoning among children less than six years old and lead service pipes in Washington DC, Jaime Raymond, MPH, et a
  •  
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    Water news: India – Water pollution kills 108 in a year – PCB notice to HPC – Comply with polythene ban order to HC – Govt. continues to neglect Nagpur’s water bodies.

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    Water Pollution

    India water news briefs

    India Environment Portal Publication Date: 13/16/2012 │ Updated 12/17/2012

    Water pollution kills 108 in a year

    Hyderabad: Contaminated water has claimed 108 lives in the state this year, according to figures stated in the Parliament by Union health minister Ghulam Nabi Azad. The city is not immune to the trend, and cases of diarrhoea and gastroenteritis seem to be high. City hospitals have registered about 1,200 cases of acute diarrhoeal diseases this year.

    Dr Kiran Peddi, gastroenterologist at Global Hospitals, said that he has been attending to seven to 10 cases every week. “It is mostly diarrhoea or vomiting, or sometimes a combination of both, resulting in gastroenteritis. There are jaundice and typhoid cases as well,” Dr Peddi said.

    Publication Date:
    17/12/2012

     

    PCB notice to HPC

    Taking serious note of the growing degradation of the Elenga Beel – a major water-body of the area – caused by Nagaon Paper Mill of Hindustan Paper Corporation (HPC) at Jagiroad, and of the fact that the HPC authorities failed to comply with earlier directives concerning maintenance of environmental norms, the Pollution Control Board Assam (PCBA) has issued pre-closure notice to HPC for closing the polluting unit of the paper mill.

    Publication Date:
    17/12/2012
     

    Comply with polythene ban order to HC

    The Lucknow bench of the Allahabad High Court has directed the state government to comply with the ban as ordered by the court earlier in relation to a PIL pertaining to Ganga pollution in which the court had asked the authorities to ban polythene bags of certain specification from being used in public.

    The order came from a division bench of acting Chief Justice Shiv Kirti Singh and Justice DK Arora on a PIL filed by AK Mishra and another. The PIL sought directions from the court so that polythene bags of certain specifications may be banned from being used in public.

    Publication Date:
    15/12/2012
     

    Coast Guard to conduct major pollution response exercise off Kochi

    The Coast Guard will conduct a major national level pollution response exercise here tomorrow to test the preparation and coordination between various agencies in response to a marine oil spill.

    Coast Guard Pollution Control Vessel- Indian Coast Guard Ship Samudra Prahari and six other ships of the force, several Coast Guard aircraft, a naval vessel, a tanker from Shipping Corporation of India and vessels from BPCL and Cochin Port Trust will participate in the exercise NATPOLREX-IV.

    Publication Date:
    14/12/2012

     

    Govt. continues to neglect Nagpur’s water bodies

    It seems the seriousness of the Central and State government about conservation of environment and water bodies lie only on papers. The proposals for rejuvenation of the city’s iconic Nag river and nine other lakes have been making rounds on papers for the last four years. The Nagpur Municipal Corporation (NMC) is sitting pretty on the slow death of city’s precious water bodies.

    Publication Date:
    14/12/2012
     

    River pollution slur on TTPS

    The Brahmani river here is facing pollution threat. Release of ash water and other wastes from the 460-mw Talcher Thermal Power Station (TTPS) here into the Brahmani has ended up severely polluting the river. The Odisha State Pollution Control Board and the State Government have allegedly remained a mute spectator to this violation of pollution control norms.

    There are three or more ways through which waste water from the plant and its colony is being released into the rivulet Nandira which merges in the Brahmani.

    Publication Date:
    13/12/2012
     

    Encroachment cloud on Alaka waters

    Many rivers, considered the lifeline of Jagatsinghpur, have either dried up or are polluted with industrial waste and sewerage. One such river is Alaka that was flowing through Biridi, Jagatsinghpur, Balikuda, Raghunathpur and Nuagaon blocks. Today, it has completely dried up. The river stretches up to Erasama and joins the sea at Boitakulia mouth under Erasama block.

    Publication Date:
    13/12/2012

    ;nbsp;

    Thermal plant – ash leak triggers alarm

    A team of Punjab Pollution Control Board officials collected samples of water mixed with ash and draining out from Guru Gobind Singh Super Thermal Plant, Ropar towards Sutlej river here today. The team led by Executive Engineer Joginder Singh from Mohali reached the site this morning and collected the samples from different places.

    It was on Monday that an ash disposal pipe in the plant burst, leading to Sutlej river water getting polluted. On Friday, four ash disposal pipes carrying ash slurry to dykes from units 5 and 6 of the thermal plant had burst.

    Publication Date:

    13/12/2012

    Source: Tribune (New Delhi)
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    Water contamination: Fight over toxic fracking injection wells continues in Ohio.

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    Water contamination

    Athens County Fracking Action Network

    Fight over toxic fracking injection wells continues in Ohio.

    ecowatch.org 11-27-2012 / Athens County Fracking Action Network
    On Nov. 19, a group of Athens County residents wearing hazmat style suits and respirators gathered in front of the Hazel Ginsburg fracking wastewater injection well site on Ladd Ridge Road in Alexander Twp. demanding that the Ohio Department of Natural Resources (ODNR) shut down the well do to safety concerns.

    Malvena Frost, who owns the property on which the Atha injection well is proposed in Rome Township in Athens County, Ohio, does not want an injection well on her land. She “fears her only source of drinking water, a private well … will be contaminated,” according to public comments submitted on her behalf to the Ohio Department of Natural Resources (ODNR) by her attorney, Mike Hollingsworth.

    In her comments, Frost requested a public hearing on the Atha permit application. She was not the only one, approximately 100 Athens County residents submitted comments objecting to the Atha permit on grounds of health and safety and requesting a public hearing. This may be the largest number of comments ever submitted to the ODNR on an injection well permit application.

    If members of the public raise relevant and valid concerns about health and safety, Ohio law requires that a public hearing be held. Frost and most of the 100 others received instead a form letter announcing that an “open house” would be held. With a week’s notice, the event is Wednesday, Nov. 28, from 6 to 8 p.m. at the ODNR’s 360 E. State St. headquarters in Athens. Phone conversations have elicited statements by ODNR officials that this open house is intended as a substitute for a public hearing.

    “This is a clear abuse of discretion on the part of ODNR’s Oil and Gas Chief. Ohio Administrative Code 1501:9 mandates a public hearing if valid objections are received,” commented Roxanne Groff, a member of Athens County Fracking Action Network (ACFAN) and speaker at a recent public forum on the Atha permit. Groff stated, “It is indefensible for Chief Simmers to dismiss Malvena Frost’s clearly valid and extensive concerns with a form letter. It is also clearly an abuse of discretionary power to categorically dismiss the rest of the 100 comments, which we know contain well substantiated public health and safety concerns.”

    A public hearing is a legal forum in which citizens speak to the ODNR one at a time, allowing each statement to be heard by the entire group. More importantly, comments presented in a public hearing are entered into the legal record and can thus help hold ODNR accountable. Grace Hall, one of the 100 citizens who submitted comments on the Atha permit application, explained, “A public hearing allows us to hear what fellow citizens’ concerns are and allows us to hear citizens’ challenges to ODNR’s rhetoric. A hearing provides an opportunity for citizens to broaden their understanding of the issue and brings a level of accountability to officials. An open house provides none of these things, because members of the public mill simply around the room, talking to various ODNR representatives in a casual one-on-one manner.”

    Athens County Fracking Action Network and Appalachia Resist! object to ODNR’s outright dismissal of public comments and denial of a public hearing as a clear breach of public trust. Madeline ffitch, of Appalachia Resist! added, “This ‘open house’ is simply a way for ODNR to avoid having to face tough questions in public.”

    One concern cited in letters to the ODNR is the content of the waste likely to be injected into the Atha well, as in all Class II wells. While ODNR claims that the Atha well will accept only local, conventional oil and gas waste, there is no legal restriction on waste accepted. Hundreds of millions of gallons of highly radioactive fracking waste have been injected in Ohio injection wells in the past year. Over half of waste injected in Ohio last year came from out of state.

    Unlike Class I, Class II wells are not designed for hazardous waste. Due to exemptions from federal hazardous waste regulations, oil and gas waste is not legally classified as hazardous.

    “Declaring it legally non-hazardous doesn’t make it any less hazardous. The fracking waste being dumped into Class II wells contains highly toxic toluene, benzene, and other neurotoxic, carcinogenic, and radioactive substances, all of which are regulated as hazardous for all other industries under the Safe Drinking Water Act, Clean Water Act and hazardous waste regulations.” said ACFAN member Nancy Pierce. “Ohio does not monitor drinking or groundwater around any Class II injection wells. I don’t understand how Heidi Hetzel-Evans can repeatedly claim these wells haven’t contaminated water when ODNR does not monitor water or soil to find out whether there’s contamination from its wells.”

    The American Academy of Pediatrics “recommends that families with private drinking water wells in NGE/HF [natural gas extraction/hydraulic fracturing] areas should consider testing the wells before drilling begins and on a regular basis thereafter for chloride, sodium, barium, strontium and VOCs … ” This is not surprising, given that industry admits that eventual well failure is inevitable. A recent Propublica series documents thousands of cases of well failure and fluid migration from Class I and II injection wells nationwide. In one Ohio case, “pollution had risen 1,400 feet through solid rock and was progressing toward surface aquifers” from a Class I well before the breach was discovered.

    Athens County Fracking Action Network and Appalachia Resist are planning a coordinated response to this clear breach of the public trust. This response will include a march from the Athens Community Center, 701 E. State St., to ODNR offices, 360 E State St., where citizens who wish to address one another have been assigned to a “free speech zone” outside. Citizens who wish to participate in the march are asked to meet at 5:30 p.m. in the west foyer near the Athens Community Center meeting rooms. The march will begin at 6 p.m. People who plan to attend the march and rally are asked to dress warmly and bring a flashlight and a mug. Hot beverages will be provided.

    Here’s the language in Ohio law that requires a public hearing if the public raises relevant and valid concerns about health and safety:

    OAC1501:9-3-06(E)(2)(c): If an objection is received, the chief shall rule upon the validity of the objection. If, in the opinion of the chief, such objection is not relevant to the issues of public health or safety, or to good conservation practices, or is without substance, a permit shall be issued. If the chief considers any objection to be relevant to the issues of public health or safety, or to good conservation practices, or to have substance, a hearing shall be called within thirty days of receipt of the objection. Such hearing shall be held at the central office of the division or other location designated by the chief. Notice of the hearing shall be sent by the chief to the applicant and to the person who has filed the objection.

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    Water contamination news: 1,2,3-Trichloropropane [TCP] – threatens valley water.

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    Water contamination news

    Water contamination news:  TCP Threatens Valley Water

    ‘Garbage’ chemical TCP threatens Valley water. Dow knew TCP was useless but used it anyway.

    By Mark Grossi – The Fresno Bee

    A 1974 memo from Dow Chemical describes several chemicals in a widely used farm fumigant as “garbage.” Today, one of those useless for more than 1 million people across the San Joaquin Valley.

    Now linked to cancer, the toxin was waste from a plastic-making process. Chemical companies often mix such leftovers to create other products to avoid the cost of disposal, says one long-time chemical engineer.

    The fumigant manufacturers, Dow and Shell Oil Co., discovered decades ago that 1,2,3-trichloropropane, or TCP, was not effective against worms called nematodes, according to documents in lawsuits filed by a dozen Valley cities against the companies. But they apparently left it in a fumigant anyway.

    “TCP was a hazardous waste, not a pesticide,” said lawyer Todd Robins, who represents several Valley cities and water agencies. “It did nothing for farmers, but Shell and Dow knowingly used their fumigants as a way to dispose of it.”

    A Dow representative disputes the lawyer’s statement, saying TCP never was intentionally put into the fumigant, called Telone. Nor did the company intentionally allow TCP to remain in the fumigant, he said.

    “Rather, from the outset Dow took steps to purify the product through a distillation process,” said Randy Fischback of Dow. “Historically, TCP was only occasionally detected in Telone and at extremely low, trace levels.”

    Shell declined comment, but said it would vigorously defend claims made against it in the TCP lawsuits.

    The manufacturers already have agreed to a $13 million TCP settlement for Livingston in Merced County. The city of Clovis is next up in the series of lawsuits. Other cities waiting in line with lawsuits include Stockton, Fresno, Bakersfield, Visalia, Delano and Lamont.

    Dows garbage memo is among many documents…

    Dow’s “garbage” memo is among many documents discovered in the legal action against the chemical companies and distributors. The lawsuits are aimed at forcing the companies to pay for cleaning up the contamination.

    Memos and other documents paint a picture of large businesses trying to register the fumigants with the federal government. There is little indication that the companies analyzed possible health hazards in TCP and other so-called inert ingredients.

    Today, both state and federal water authorities are moving to regulate TCP. In California, the public health goal is to keep this chemical below one part per trillion — equal to one drop in 20 Olympic-sized swimming pools.

    TCP has been detected at much higher levels in more than 200 Valley drinking water wells. Many small communities and water systems cannot afford the tests to detect the contaminant, so there may be many more tainted wells.

    The state is far ahead of the federal government in regulating TCP, which was discovered at a Superfund site in Southern California in the 1990s.

    But TCP has the attention of the U.S. Environmental Protection Agency, which expects to have national regulations in the next four to five years.

    “It is a carcinogen,” said toxicologist Bruce Macler of the EPA drinking water program. “I’m more than just concerned.”

    For Dow and Shell, it is the second time they have been connected with a hazardous chemical from a fumigant in the Valley’s water. In the 1990s, the companies were sued by several cities over a different fumigant called dibromochloropropane or DBCP, which is believed to cause human sterility.

    Fresno’s DBCP settlement included a payout of $21 million, along with a $2 million trust fund to reimburse the city for maintaining carbon filters on many wells.

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