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Wed, 2014-07-23 09:08Sharon Kelly
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Pennsylvania Environmental Regulators Flunk State's Own Shale Gas Audit

In January 2013, Pennsylvania's auditor general announced that he would conduct an investigation into whether state regulators were effectively overseeing the impacts from the shale gas drilling rush.

A year and a half later, the results are in: the state's environmental regulators are failing badly in at least eight major areas, at times declining to cite drillers who broke the law. In a damning 158-page report, the state's auditor general highlighted the agency's wide-ranging failures. The report detailed the Department of Environmental Protection's (DEP) use of a legal “loop hole” to avoid inspecting wells and described the agnecy's failure to fulfill its duty to track the industry's toxic waste. The report also faulted the agency for a reliance on voluntary measures in policing the industry.

The federal government has largely taken a hands-off approach to policing the drilling boom. What federal rules do exist have various broad exemptions exemptions for the oil and gas industry. Pennsylvania, which features a large swath of the Marcellus shale, is widely viewed as ground zero for the current fracking boom. In the unusually candid report released this week, state auditors have concluded that the state is overwhelmed by the industry and is providing insufficient oversight.

“It is DEP’s responsibility to protect the environment from these environmental risks and to ensure that laws and regulations which govern potential impacts to water quality are enforced,” Pennsylvania's auditors wrote. “Unfortunately, DEP was unprepared to meet these challenges because the rapid expansion of shale gas development has strained DEP, and the agency has failed to keep up with the workload demands placed upon it.”

Auditors described state environmental regulators as woefully outgunned and unprepared for the sudden arrival of the shale gas drilling frenzy.

Wed, 2014-05-28 05:00Sharon Kelly
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Exclusive: Leaked EPA Draft Fracking Wastewater Guidance Suggests Closer Scrutiny for Treatment Plants

One of the most intractable problems related to fracking is that each well drilled creates millions of gallons of radioactive and toxic wastewater.

For the past several years, the Environmental Protection Agency has faced enormous public pressure to ensure this dangerous waste stops ending up dumped in rivers or causing contamination in other ways.

But the drilling boom has proceeded at such an accelerated pace in the United States that regulators have struggled to keep up, to control or even track where the oil and gas industry is disposing of this radioactive waste. As a consequence, hundreds of millions of gallons of partially treated waste have ended up in the rivers from which millions of Americans get their drinking water. 

An internal draft EPA document leaked to DeSmog gives a small window into how, after a full decade since the start of the drilling boom, the agency is responding.

The document, dated March 7, 2014, is titled “National Pollutant Discharge Elimination System Permitting and Pretreatment for Shale Gas Extraction Wastewaters: Frequently Asked Questions.”

It's revealing for what it shows about how EPA staff are taking the hazards of fracking wastewater more seriously — and also how little things have changed.

“In general, the EPA memo does a good job of making clear that fracking wastewater discharges are covered under the Clean Water Act, and that proper discharge permitting is required, including setting limits to protect water quality standards and to comply with technology based standards in the Clean Water Act,” explained Clean Water Action attorney Myron Arnowitt, who was asked by DeSmog to review the document. “It is mostly an increased level of detail for regional EPA staff regarding permitting issues under the Clean Water Act, compared to the pervious memo in 2011.”

The document, intended as a guide for local regulators on how the Clean Water Act should be interpreted and applied, is impressive in many ways.

Wed, 2014-02-05 05:00Sharon Kelly
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At State and Federal Level, Regulators Continue to Struggle With Fracking Wastewater

The oil and gas industry often complains about the patchwork of rules that exist from state to state and county to county. They say that the rules are so variable that it’s like having to get a new driver’s license every time you drive across a state line. Public safety advocates suggest a simple fix: federal oversight of drilling. Standardize the rules. But the drilling industry recoils at the very notion.

Several recent developments illustrate exactly why. Witness the two diametrically opposed directions federal and state regulators are heading. Officials at the U.S. Environmental Protection Agency, on the one hand, are considering strengthening rules on how oil and gas wastewater is handled by classifying some of it as hazardous waste. Meanwhile, state regulators in Pennsylvania, where the most active Marcellus shale drilling is currently underway, are considering a move to loosen wastewater rules.

Pennsylvania is currently poised to enact rules that would encourage oil and gas companies to use the heavily polluted wastewater from abandoned coal mines, called acid mine drainage, instead of fresh water. While supporters of this rule change say it’s a win-win situation for the environment and for drillers, opponents of the bill say that a key incentive in the bill goes overboard and could wind up creating worse problems down the road.

Tue, 2013-02-05 09:22Sharon Kelly
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Shale Industry Moves to Ship Fracking Waste via Barge, Threatening Drinking Water Supplies

A large barge passes Pittsburgh. Image from Shutterstock.

It was meant to go unnoticed. A small announcement out of a commissioners’ meeting signaled plans to transport fracking wastewater by barge down the Ohio River. But it caught the eye of locals and offers a further reminder of why handling and disposal of the wastewater is truly one of the shale drilling industry’s most important and overlooked concerns.
 
Construction is already completed at one barging facility in the Marcellus region. A Texas-based company, GreenHunter Water, has built a shipping terminal and 70,000-barrel wastewater storage facility on the Ohio River in New Matamoras, Ohio. GreenHunter officials have said they are currently accepting about 3,000 barrels of fracking wastewater per day.

The U.S. Coast Guard is now reviewing plans to barge fracking wastewater in the region’s rivers, which serve as the drinking water supplies for over half a million people.  
 
These plans have raised alarm for many reasons. In the event of a barge accident, the drinking water for major cities like Pittsburgh could be immediately contaminated; the barges themselves could become radioactive because Marcellus shale wastewater carries unusually high levels of radium; spills or illegal dumping could be harder to detect in water than on land.

Wed, 2011-08-17 07:56Farron Cousins
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Make Money Having Fun, A Company That Makes Money Contaminating Water Supplies

An Oklahoma coal fly ash disposal company has found themselves in hot, contaminated water over their practice of using oil and gas wastewater brine in the disposal of fly ash. According to the Oklahoma Corporation Commission, the fly ash disposal firm called (no joke) Make Money Having Fun, LLC has been ordered to indefinitely suspend their practice of mixing oil wastewater with fly ash until they can resolve their numerous contamination problems.

And after years of trying to clean up their state, Oklahoma residents have been granted at least a temporary victory by the E.P.A. in their efforts to prevent Make Money Having Fun, LLC from continuing to poison their water supply. From the Tulsa World News:

The EPA issued a cease-and-desist order against Making Money Having Fun in April 2010 for violations of the federal Clean Water Act stemming from the discharge of pollutants into a tributary of Doe Creek.
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