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Austin Master Frack Waste has Until Apr 17 to Regain Compliance
Martins Ferry (OH) Mayor John Davies continues to make noise about the currently shuttered Austin Master Services (AMS) frack waste processing facility in his city. Two weeks ago, Ohio Attorney General Dave Yost took legal action seeking to force AMS to correct “egregious violations of Ohio law” regarding the storage of oil and gas waste that he says threatens the Ohio River and Martins Ferry’s drinking water supply (see Ohio AG Sues Austin Master Services for Unsafe Storage of Wastewater). Media accounts report that AMS has stored at least 10,000 tons of fracking waste (drill cuttings) at the Martins Ferry facility. It’s rated to hold 600 tons.
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Some of the most important, and slowest, permits issued to drill a new shale well in Pennsylvania are “Erosion and Sediment Control” permits. Well pads and the roads built to access them involve such permits. When sediment/erosion permits are delayed, the whole project is delayed. The PA Dept. of Environmental Protection published an updated general permit covering Oil and Gas Development Erosion and Sedimentation Control (ESCGP-3) in the Pennsylvania Bulletin on Saturday, Oct. 6. The new permit is supposed to streamline and make the approval process faster. We’ll see about that.
In 2012, the Pennsylvania Dept. of Environmental Protection (DEP) launched an “expedited” review process for erosion and sediment control general permits that it grants when drillers or pipeline companies plan to push dirt around on more than 5 acres at a time. Which means every pipeline built and every shale well pad constructed. The expedited review process shortened the time to get a permit down to as little as 14 days–provided the paperwork was filled out correctly. The DEP conducted an internal review and found that 59% of the time they didn’t get the paperwork in a form they wanted, so they disqualified those applications. Now the DEP is revising its rules for expedited review, meaning they’re pretty much doing away with it. Welcome back to long delays in getting permits to push dirt around. This action appears to be a response to stinging criticism from the PA legislature that permits, which are supposed to be issued in 14 days, are taking over 100 days–a charge leveled by PA Sen. Camera Bartolotta who is introducing legislation to put a burr under the DEP’s saddle. So the DEP is saying fine, we’ll just change it back to the way it used to be. You can now expect long permit delays from the outset. Your state government at work, serving the people…
Here’s a story that we confess, we’re having a tough time wrapping our brains around. Allegations are swirling in West Virginia that one of three officially conducted studies for the state’s Dept. of Environmental Protection (DEP) released last year overlooked important data collection. The study in question was completed in December 2011 and released in February 2012. Titled “Pits and Impoundments Final Report,” the report looks at frack wastewater impoundments and water pits used in horizontal Marcellus Shale drilling (see 
In January 2013, MDN brought you the news that the Pennsylvania Dept. of Environmental Protection (DEP) was launching a 12-14 month study of radiation in shale drilling (see 