Frack This!

barnabyruhe@gmail.com BARNABY RUHE, PHD COMMENTS to Pennsylvania Fracking Law, IN CAPS)) Penna Regs are ‘finalized for innovations to meet the challenges of treating Marcellus wastewater which is very high in dissolved solids’ - Charles Abdalla cabdalla@psu.edu. (RUHE COMMENTS ON ABOVE, IN CAPS: THE WORD ‘DANGER’ DOES NOT APPEAR ABOVE. ‘SOLIDS’ REFERS TO TOXIC CHEMICALS LIKE BENZYNE TOLUENE XYLENE EUPHEMISTICALLY. ‘SOLIDS’ IS NOT A SCARY WORD. NO NEED TO ALARM FOLKS IN THE THEATER TO THE FIRE. Professor Abdalla might suggest: “THERE IS A LITTLE COMBUSTIBLE DISTURBANCE POTENTIAL IF ANYONE WANTS TO EXPLORE THE ISSUE.” I’M REMINDED OF THE WOMAN WHO ANNOUNCED AT THE TWIN TOWERS ON 9-11, “PLEASE REMAIN IN YOUR OFFICES UNTIL FURTHER NOTICE”.) http://extension.psu.edu/water/marcellus-shale great first photo of toxicwater going into sump.. lined with …garbage bag plastic!! 4mm at the most.. how funny if it weren’t about to leach into the water table. Is this ostrich engineering? 1) Permits PENNSYLVANIA STATE REG itself: http://extension.psu.edu/water/marcellus-shale/marcellus-shale-gas-well-... but I have copied it entirely here below: Before drilling a gas well in Pennsylvania, the operator must submit an extensive permit application for approval from the DEP. Among other things, the permit application must include a map showing the location of the gas well, proximity of the gas well to coal seams, and distances to nearby surface water and water supplies. A bond must be posted with the permit to ensure compliance with environmental regulations related to the well drilling. The permit also requires notification of surface land owners at the well site along with all drinking water supply owners within 1,000 feet of the well. As a result, homeowners with private water wells or springs ((WHERE’S THE SPRING?? WHO MAPS THE SUMP AREA THE COLLECTIOIN AREA, THE SOURCES, IT CAN BE VAST AND UNDERGROUND)) that are located within 1,000 feet of the proposed gas well site must receive notification by certified mail during the permit process. ((I GOT A LETTER MY WELL IS KAPUT, WHAT DO I DO?? SEE BELOW: I HAVE TO TEST MY WELL 5 MONTHS AFTER THE FRACKING IS DONE TO SEE IF I’M POLLUTED, AND BEFORE FRACKING TOO OTHERWISE IT DOESN’T COUNT. BELOW IT SAYS THE FRACKER TESTS MY WATER FIRST, THEIR LAWYER ISN’T GOING TO LET ME SEE THE RESULTS FOR FIVE YEARS IN COURT.)) 2) Setback Distances Gas wells must be at least 200 feet from any drinking water supplies. ((OK 200 FEET OF WATERSEALED CONCRETE THAT WOULD BE USEFUL, BUT THEY’RE TALKING LOOSE SOIL BETWEEN MY WELL AND THE 500 CHEMICALS IN THE FRACKING WASTEWATER, THAT MILLION GALLONS SURGING UP THAT HAS TO GO SOMEWHERE. IS THIS A CONSIDERED SOLUTION??)) This setback may be waived by the water supply owner in a lease agreement. Gas wells must also be 100 feet from any stream, spring, or body of water. A 100-foot setback is also required from any wetland greater than one acre in size. DEP can grant a waiver of these setbacks if additional protection is put in place to protect these natural resources. ((ANY WAIVER IS HURTFUL, DID YOU SEE THOSE GARBAGE BAG LINER QUALITY SUMP SEALERS?? IN THE PHOTO?? ‘ADDITIONAL PROTECTION’ IS WINDOWDRESSING)) 3) Protection of Drinking Water Quality Section 208 of the Pennsylvania Oil and Gas Act includes language to protect drinking water supplies near gas wells. This includes a requirement that gas well drilling operators restore or replace any water supply determined by DEP to be polluted as a result of nearby gas well drilling. The gas well operator is presumed to be responsible for pollution of any public or private drinking water supply within 1,000 feet of the gas well if it occurs within six months after completion of drilling or alteration of the gas well. During the initial six-month period, the gas well operators can use any one of five defenses to prove they are not responsible for water contamination: • The pollution existed prior to the drilling ((AND FRACKER HAS CONTROL AND POSSESSIONOF THE PREDRILLING WATER SAMPLES. GET IT??)) • The landowner or water purveyor refused to allow the operator access to conduct a pre-drilling water test • The water supply is not within 1,000 feet of the gas well ((NOW THAT COULD INCLUDE THE ENTIRE WATERSHED AREA WHICH IS A THIRD OF THE STATE OF PENNSYLVANIA IF PROPERLY UNDERSTOOD, SO JUST WHAT DOES THE FRACK LAWYER MEAN BY ‘WATER SUPPLY’… THE TAP??)) • The pollution occurred more than six months after completion of gas well drilling ((NOW WE SEE THE PURPOSE OF THAT 4MILLIMETER THICK BLACK PLASTIC SUMP SEALER… IT’LL HOLD OUT A YEAR THEN LEACH VIRTUALLY ALL THE CHEMICALS INTO THE WATER TABLE PAST LIABILITY FOR FRACKER WHO DOES NOT THEN PAY ANYTHING FOR WHOLESALE DESTRUCTION OF THE WATERSHED. ATALL. GEE, WHAT FRACK LAWYERS WROTE THIS STATE ENVIRONMENT REGULATION? WHO IS CLAIMING TRANSPARENCY? WHO IS HURTING THEIR GRANDCHILDREN AND CALLING IT GOVERNANCE AND DUE DILIGENCE AND GOOD BUSINESS?) • The pollution occurred as the result of some cause other than gas well drilling ((AND IT WILL BE TEN YEARS IN COURT PROVING MUCH OF ANYTHING, AFTER THE DAMAGE IS DONE. WHY NOT JUST RESEARCH COLORADO AND UTAH LAWSUITS, THEY ARE SIX YEARS OLD AND ONGOING)) To preserve their defense, most gas well operators will collect the necessary pre-drilling water quality information from all drinking water supplies within 1,000 feet of their drilling operation. DEP has published a list of recommended pre-drilling test parameters (www.elibrary.dep.state.pa.us/dsweb/ Get/Document-82193/5500-FS-DEP4300.pdf). Individual gas companies and DEP may choose additional water tests. As part of any pre-drilling water sample survey, the gas well company is required to hire an independent state-certified water testing laboratory to conduct the water testing. An up-to-date listing of state-certified water testing labs from the DEP Bureau of Labs is linked on the Penn State Water Resources Extension site at: http://water.cas.psu. edu/WS_Testing.htm. Do not deny access to water testing laboratory personnel. It is important to note that gas well operators are not presumed responsible for pollution of water supplies that they were denied access to prior to the drilling. Obtain the name and company affiliation of any person asking to sample your water supply and ask for proof of identification. For more information on conducting pre-drilling water testing, see http://extension.psu.edu/water/ marcellus-shale. ((IT IS CLEAR THE ONUS ON PROOF IS ON EVERY NEIGHBOR OF ANY WELL FORTUNATE ENOUGH TO BE 9,990 FEET FROM THE FRACKWELL. THOSE 1001 FEET AWAY HAVE NO RECOURSE TO LOSING THEIR WELL FOREVER. PSYCHOLOGICAL DAMAGES ARE NOT BEING ASSESSED. THIS ENTIRE REG IS DRIVEN BY TORT LAWYERS ON THE SIDE OF FRACKERS GETTING READY FOR THE CLASS ACTION SUIT COMING YOU SEE IT ALREADY ON BILLBOARDS ACROSS ROUTE 78. ‘Benzyne damages? Property value damages?” the tort lawyers are amassing on both sides already. Why is it being played out in courts AFTER THE PEOPLE ARE DAMAGED PERMANENTLY at the euphemistic wishfullness of their township supervisors and PSU SCIENTIFIC EXPERTS? Why don’t you all know what you already know? 4) Water Quantity Not Protected Gas well drilling can occasionally change the flow of water from a water well or spring, although these changes are often temporary. Unlike water quality impacts, gas well operators are not presumed responsible for water quantity impacts to nearby water supplies. However, the Oil and Gas Act also states that well operators that affect a public or private water supply by pollution or diminution must restore or replace the affected water supply with an alternate source of water adequate in quantity or quality for the purposes served by the supply. Water flow data is often not measured during pre-drilling surveys conducted during the permitting process. Instead, impacts to water quantity would need to be investigated by DEP inspectors and/or proven by the water supply owner. Concerned water supply owners may wish to hire a well driller or water consultant to document the flow of water from their well or spring prior to the gas drilling activity. ((FAIR ENOUGH, TOWNSHIP AND NEIGHBORS AND TOWNSHIP CONSORTIUMS NEED TO HIRE WATERSHED WIDE SURVEY OF ALL WATER SOURCES FOR SEASONAL AND OCCSIONAL EBBS AND FLOWS AND EXACT MAPPINGS OF EVERY CAPILARRY RIVULET STREAMLET AND LAKE AND SPRING EVERYWHERE BEFORE ANY PERMITS ARE ALLOWED, OR THEY WILL SIMPLY SAY THERE IS NO PROOF WE TOOK NOR CONTAMINATED YOUR WATER. THIS REG EXPECTS THOUSANDS OF LOCAL CITIZENS TO TAKE SEPARATE ACTIONS AND EVEN THEN ONLY INCLUDES THOSE 900 FEET FROM THE WELL, HUH?) 5) Land Disturbance Gas well construction involves extensive land disturbance, including roads, drilling pads, and pipelines. Drilling pads alone may be four to six acres in size for deeper gas wells. Various regulations are in place to protect surface water and groundwater from erosion and sedimentation due to these disturbances. Erosion and sediment plans are required. Enforcement of erosion and sediment problems related to gas well operations is overseen by personnel from the DEP, Bureau of Oil and Gas Management. ((ARE THESE MONSTROSITIES DISSASSEMBLED AND REMOVED AND THE LAND RESTORED TO PARK CONDITIONS OR BLIGHT CONDITIONS, ARE WE WEST VIRGINA?? TWO HUNDRED WELLSITES PER TOWNSHIP??)) 6) Groundwater Protection During Drilling Protections were included in the 1984 Oil and Gas Act to ensure that groundwater aquifers are not contaminated by drilling fluids, brines, and wastes. A thick steel casing is cemented into place from the ground surface to below the deepest freshwater aquifer (typically several hundred feet below the ground surface). This freshwater protection string segregates the fresh groundwater from the drilling process and prevents waste fluids from entering freshwater aquifers. ((NOONE NOTICED THE SAME TOXICWATER THAT FLUSHES THE GAS ARRIVES AT THE SURFACE TO SIT IN SUMPS, SEE PHOTO OF THIN PLASTIC LINING GOOD FOR AT LEAST SIX MONTHS!! TO PROTECT FRACKER FROM LAWSUITS BUT… LATER… TO DEGRADE. SEE TOP WHERE C. ABDALLA STATES THE WASTEWATER WILL BE ‘TREATED’ WHICH IS A EUPHEMISM FOR ‘RELEASED INTO STREAMS’ AND WHEN ARE THE 500 CHEMICALS ACTUALLY BEING REMOVED EVER? AND WHO IS TESTING FOR ALL F500 CHEMICALS AND HOW OFTEN?)) Regulations strengthening oil and gas well construction standards to prevent methane gas migration, among other purposes, became effective on February 5, 2011 (25 Pennsylvania Code, Chapter 78). The regulations, which outline many standards that the industry must follow in drilling and casing new wells, were developed in response to recent incidents in some parts of Pennsylvania where gas has migrated into drinking water supplies or homes, posing public health and safety threats. The regulations also require drillers to detail the chemicals found in flowback water, and to electronically report production and waste volume data. Flowback water is the approximately 10–30 percent of water (the amount varies with location) used in fracking that returns to the land surface within about 30 days of fracking. ((OK THIS REG SAYS THEY HAVE TO REPORT THE FLOWBACK WATER IS NOW HITTING THE STREAM. IS THAT A REGULATION THAT PROTECTS DRINKING WATER OR THE ALARM BELL THAT SHOUTS, BUY BOTTLED WATER FOREVER IN WATER RICH PENNSYLVANIA. YOU TELL ME.)) 7) Disposal of Drilling Fluids New Regulation for Total Dissolved Solids in Gas Drilling Wastewater Under authority of the Pennsylvania Clean Streams Law, in 2010 DEP finalized new regulations to protect Pennsylvania’s water bodies and public drinking water by limiting ((“LIMITING” IS NOT THE WORD ‘ELIMINATING’: LESS BARIUM, LESS STRONTIUM, LESS BENZENE IN YOUR DRINKING WATER, THAT IS A JOKE AND THEY WILL NOT DRINK THAT TAP IF YOU HAND IT TO THEM)) the amount of total dissolved solids (TDS) that could be discharged into waterways. The new regulations establish an effluent standard (via revision to 25 Pennsylvania Code Chapter 95) of 2,000 mg TDS per L for new and expanding facilities. Tighter standards of 500 mg/L for TDS, 250 mg/L for chlorides, and 10 mg/L for barium and strontium apply to wastewater from the natural gas industry because of its generally much higher initial concentrations and overall loadings. These four standards are based on monthly averages. The regulations, which took effect in August 2010, apply to new or expanded TDS loads at facilities treating TDS wastewater in Pennsylvania. ((BUT REG DOES NOT COVER THE TEN THOUSAND PREVIOUS WELLS ONGOING)) Existing discharge loads of TDS are exempt ((WOW THAT IS A FATAL AND TRAGIC DECISION BY SOME GOVERNANCE THAT PLEDGED TO PROTECT THE PEOPLE)) from the regulation unless or until they expand. ((BUT NOT YET)) Several Options for Treatment/Disposal Disposal of the various fluids associated with the drilling process is regulated to protect surface and groundwater resources. Marcellus wastewater treatment options have been changing quickly in response to the rapid development of the gas field. Swift innovation in new facilities and treatment technologies is likely in this area over the next few years. ((BUT NOT YET)) The capacity for treating and disposing of drilling wastewater has lagged behind industry needs. The wastewater’s extremely high TDS levels ((TDS IS AN ANAGRAM FOR TREACHEROUS DEATH SOLVENTS)) present challenges for conventional technologies. In the past year or two the reuse/recycling of flowback water in additional fracking jobs, either with or without preliminary treatment, has become more common. This reuse saves on water withdrawal permitting time and money and truck traffic. For more information about options for disposal and treatment of drilling wastewater, see Marcellus Shale Wastewater Issues in Pennsylvania—Current and Emerging Treatment and Disposal Technologies, a Penn State Extension fact sheet in this series. ((OK HERE WE SEE CASSANDRA FINALLY SPEAKING. THE TOXICWASTEWATER IS STILL DUMPED INTO THEWATERSHED WITH NO REG TO STOP IT. FUTURE DEVELOPMENTS MAY TWEAK THE DISASTER BUT THAT NOT NOW. NOW IS NOW. THIS PARAGRAPH TELLS TOWNSHIPS UNEQUIVOCABLY THAT THE REGS ARE NOT IN PLACE AND THE TECHNOLOGY IS NOT USED YET THAT WILL SAVE PENNSYLVANIA FROM LOSING IT’S DRINKING WATER. READ THIS PARAGRAPH FIVE MORE TIMES SLOWLY. THAT MEANS MORATORIUM AT THE VERY LEAST. ANY PERMITS INCLUDE THE FULL KNOWLEDGE THE FLOWBACK IS UNREGULATED IN EXISTING FRACKWELLS AND ‘SOME BARIUM AND CHLORINES’ WILL BE REMOVED IN FUTURE WELLS BUT WE WON’T TELL YOU JUST HOW DANGEROUS THE NEW LEVELS ARE. 8) Water Withdrawals A major concern given new deep horizontal gas well drilling technologies has been the withdrawal of large volumes (3–8 millions of gallons) of water for hydrofracturing each well. These large water withdrawals may come from many sources (streams, ponds, lakes, etc.) and can have significant effects if not done carefully. ((IS THERE A HISTORY OF CAREFULNESS OR IS THIS ANOTHER PROMISE THAT WON’T BE KEPT AGAIN AFTER HOW MANY YEARS OF FRACKING ACROSS AMERICA. IS THIS LUCY HOLDING THE FOOTBALL FOR CHARLIE BROWN)) The Clean Streams Law limits the amount of water that can be withdrawn from streams to maintain sufficient stream flows to protect aquatic life. Water withdrawals generally exceeding 10,000 gallons per day must be registered with DEP under authority of the Water Resources Planning Act, and periodic reports of water usage are required. All withdrawals for Marcellus shale–related drilling occurring in the Susquehanna or Delaware River watersheds also require permits from the Susquehanna River Basin Commission (SRBC) or the Delaware River Basin Commission (DRBC). These various regulations have all been used to shut down gas well drilling operations that failed to acquire the proper permits or exceeded allowable withdrawals from streams. ((EACH FRACKWELL REQUIRES A MILLION GALLONS, WHAT STREAM CAN HANDLE THAT? AND WHAT ABOUT THE NEXT FRACKING COMPANY??)) 9) Well Plugging Once a well is no longer in production (a period of a few years to several decades or more for most wells), it must be decommissioned and plugged. In some cases, the production well casing (below the freshwater protection string) may be removed. The freshwater protection casing is left in place and the hole is filled to the ground surface with non-porous material. ((AND THE SITE GOES BACK TO PRETTY?? THIS IS PENNSYLVANIA’S GLORY OUTBACK. PROPERTY VALUES WILL DIMINISH ACROSS THE COUNTY WITH THESE EYESORES.)) 10) The Role of River Basin Commissions Because of the large volumes of water needed to frack Marcellus wells, river basin commissions in Pennsylvania have played an important role in development of the industry. Because of the water consumption requirements, gas companies may not begin gas well construction, drilling, or fracking without commission approval. This requirement allows the commission to regulate the gas industry’s individual and cumulative impacts on water resources. Because the Marcellus shale underlies much of the Susquehanna River basin, the SRBC has been at the forefront of regulating water-related Marcellus drilling issues. The commission has frequently updated their regulations to address new issues and the rapid pace of development of the Marcellus shale. See SRBC’s website for updates. DRBC has much less land underlain by gas-rich shale than does SRBC. DRBC has greater focus on water quality in its management approach and regulations than does SRBC. DRBC published draft natural gas regulations in December 2010, and in April 2011 was still receiving public comments on them. Commission consideration of natural gas production project applications is postponed until the new regulations are adopted. See DRBC’s website for updates. ((POSTPONED IS A HEALTHY CHOICE. THANKS. BUT WHAT ROLE THE TOWNSHIPS? ARE THEY ALLOWED TO ACT TO PROTECT THEIR CITIZENS? ODDLY, THEY ARE DIRECTLY AFFECTED BY ANY CONTAMINATIONS OF WATER COMMONS, IT IS NOT AN ABSTRACTION. THEY MAY WANT TO NOTIFY THE WATER COMMISSIONS OF SOME OF THE LOOPHOLES POSSIBLY ENUMERATED BY DR RUHE, WHICH POSE IMMINENT DANGER TO THE POPULACE. AMBULANCES. EMERGENCY ROOMS. LONG TERM CHRONIC DISABILITIES. THE HAUNTING FEAR THAT PENNSYLVANIA WATER WILL HAVE BENZENE IN IT FOREVER. WHO CAN SAY WHICH TAP WILL KILL. IS THIS CLEAR? 11) Fast-Paced Changes The Marcellus shale resource is being developed rapidly. Government agencies at all levels are struggling to keep pace. New technologies are being tried in both the resource development process and in managing environmental and water quality/quantity impacts. The recent implementation of the TDS standards and the strengthened well casing regulations, and the current political climate, have many observers expecting a more stable regulatory environment for several years. However, some stakeholders believe that the new technologies (e.g., deeper wells and horizontal drilling) make major parts of the state’s Oil and Gas Act out of date. They favor significantly revising and updating the act through legislative action. There has been much activity by the regional river basin commissions concerning Marcellus water-related issues, and this activity may continue. A bill (the “FRAC Act,” S. 587) to amend the Safe Drinking Water Act to repeal the exemption of fracking was reintroduced in Congress in March 2011. The U.S. Environmental Protection Agency announced in March 2010 that it would study “potential human health and water quality threats” from fracking. ((TOTAL MORATORIUM ON FRACKING UNTIL SAFE DRINKING WATER ACT REMOVES CHENEY’S EXEMPTION OF FRACKERS, AND UNTIL EPA IMPACT STUDY COMES BACK IN 2 YEARS, OTHERWISE WE’LL GO ‘OOPSSSSSSS’)) A draft report should be available in 2012. Check back frequently to the sites listed in the Resources section below for updated information on this complex issue. More Information For additional information on all aspects of managing a private water system or help in reading your water test results, contact your local Penn State Cooperative Extension office or consult the Water Resources Extension web site at http://extension.psu. edu/water Disclaimer Please note that the regulations discussed in this factsheet were current as of March 2011, but are continually evolving. Resources Abdalla, C. W. & J. Drohan. 2010. Penn State Marcellus education fact sheet: Water withdrawals for development of Marcellus shale gas in Pennsylvania. pubs.cas.psu.edu/FreePubs/pdfs/ua460.pdf Delaware River Basin Commission. www.state.nj.us/drbc Penn State Cooperative Extension. Natural Gas Impacts. naturalgas.psu.edu Pennsylvania Department of Environmental Protection, www.dep.state.pa.us/dep/deputate/ minres/oilgas/new_forms/marcellus/marcellus.htm Susquehanna River Basin Commission. www.srbc.net Swistock, B. Water Facts #28: Gas Well Drilling and Your Private Water Supply. Penn State Extension, School of Forest Resources, University Park, PA. extension.psu.edu/water/resources/publications/ water-pollutants/water-quality/gasdrilling.pdf. ________________________ Prepared by Charles Abdalla, professor of agricultural and environmental economics; Joy Drohan, freelance science writer and editor; Bryan Swistock, senior extension associate; and Susan Boser, extension educator. ((DOES PROFESSOR ABDALLA SEE THAT OCEAN SPRAY IS BUYING INTO THE LEHIGH VALLEY SO THAT THEY CAN SELL BOTTLED WATER TO FRACKED PENNSYLVANIANS WHO CAN NO LONGER TRUST TAP.? THAT IS AN ECONOMIC BOON FOR OCEAN SPRAY AND BUST FOR US.)) Penn State College of Agricultural Sciences research, extension, and resident education programs are funded in part by Pennsylvania counties, the Commonwealth of Pennsylvania, and the U.S. Department of Agriculture. 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