EQT Continues to Fight PA DEP Fine re Wastewater Impoundment
On Wednesday, Pennsylvania Commonwealth Court (an appeals court) heard oral arguments over how to prove whether contaminants in the soil have moved into groundwater. The case dates back to 2014 when the PA Dept. of Environmental Protection (DEP) slapped EQT with a $4.53 million fine for a leaky wastewater impoundment in Tioga County (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). EQT did not say there wasn’t a problem with leaks at the site, but they did say the way the DEP calculated the fine was unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court, and in early April the Supremes ruled in favor of EQT, saying that the DEP’s levied fine was excessive and that the DEP misinterpreted language in the 1937 Clean Streams Law (see PA Supreme Court Axes DEP $4.5M Fine in EQT Tioga Wastewater Leak). We thought (mistakenly) that was the end of the case. But it’s not. The Supremes ruled on “water to water” contamination in the case, but not on ground to water contamination. PA law allows for companies to be on the hook for each day a contaminant enters the water table. What lawyers argued this week was whether or not, and how, the DEP can prove contaminants in the ground, there because of EQT’s leak, can be proven to have leached into the water on any given day. DEP is calculating a revised $1.1 million fine based on assumptions about how many days the contaminants leaked out of the ground. EQT is forcing DEP to use more than just spitball estimates in calculating the fine…
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From January 2012 to February 2015, researchers from the University of Cincinnati collected 180 groundwater samples in Eastern Ohio, from water wells located close to Utica Shale drilling activity. In early 2016, the lead researcher shared some high level results from the study. The preliminary results showed that fracking in areas where there are water wells doesn’t affect those wells (see 
The U.S. Environmental Protection Agency (EPA) last week announced it has launched a study into the possibility of treating oil and gas wastewater and (gasp) releasing the cleaned-up wastewater into lakes and rivers, instead of injecting it back down holes in the ground. The EPA is seeking “input” from everyone–the industry and Big Green–to help guide their research efforts. The truth is wastewater from oil and gas wells is far less toxic than the stuff leaching out of landfills and the waste from chemical plants. But you never hear that said out loud by Big Green supporters. We’ve personally spoken with people at several companies that recycle and clean shale wastewater who say such cleanup is easy compared to cleaning up other types of wastewater. Why shouldn’t the EPA look to at least study it–and perhaps even encourage it?…
MDN previously reported on a promising brine wastewater treatment plant planned for Coudersport, PA by Epiphany Water Solutions. After JKLM Energy walked away from the project, in pretty short order the Coundersport Area Municipal Authority (CAMA) voted to revoke agreements it had with the project, which recently led us to declare the project dead (see 
Those who once supported a cutting-edge technology wastewater treatment plant, proposed by Epiphany Water Solutions for Coudersport, PA, are now running away from the project as fast as they can. First was JKLM, the primary (only) customer for the project–the main reason for the project. As we told you on Monday, JKLM, which was rumored to also be the main financial backer, said they are no longer interested (see 
We suppose it was bound to happen. Several weeks ago MDN told you that the Pennsylvania Dept. of Environmental Protection (DEP) had given final approval to Windfall Oil and Gas to drill a wastewater injection well near Dubois, in Brady Township (Clearfield County), PA (see 
It’s always disappointing when our side backs down from a fight–especially when the other side is demonstrably lying. On Friday afternoon JKLM, the drilling company founded by Terry Pegula (owner of the Buffalo “Marcellus” Bills), announced it is no longer interested in processing brine (wastewater) from shale wells the company drills in Potter County at a proposed shale wastewater treatment plant in Coudersport, PA (see 
Is it free speech to make “false, destructive and defamatory statements” about a company and the project it proposes to build? Is it OK to pretend to be a news organization when you’re really just a shill for Big Green groups, and is your “speech” protected–when it’s false? Members of the Seneca Indian tribe and faux news outlet Public Herald have been put on notice, legally, by lawyers representing the proposed Epiphany shale wastewater recycling facility in Coudersport (Potter County, PA) and driller JKLM to “cease and desist” from their slandering, smearing false statements about the Epiphany project–statements that are misleading the public. Those served the legal notice say it’s an attempt to silence their free speech rights. What do you think?…
It takes a loooooong time to get a wastewater injection well approved and then up and running in Pennsylvania. Maybe that’s way there are less than a dozen of them in the entire state. In February 2014, the federal Environmental Protection Agency (EPA) gave a “final” approval to Windfall Oil and Gas to drill a wastewater injection well near Dubois (Clearfield County), PA (see 
The shale industry produces a lot of water. You read that right. The industry not only *uses* a lot of water (roughly 5 million gallons per well for fracking), it also *produces* a lot of water. Some 80% of the water used in fracking never comes back out of the ground–it seeps into the ground and stays there. However, there is naturally occurring water from the depths–from far below what we think of as “the water table” that sits a few hundred feet down. When you drill a hole in the ground a mile, or two miles down–there’s water down there too. It’s super-salty (full of minerals), which is why it’s called brine. In the industry the phrase used to describe this naturally occurring water is produced water. And it comes out long after fracking is over and done. It comes out for years–decades even. Drillers have to dispose of it somehow. The preferred method is to recycle it and use it for other drilling. When brine is recycled and the minerals (i.e. salt) is removed, the salt can be put to good uses, like spreading it on roads during the winter. Antis paint a scary picture of environmental holocaust in using “fracked salt”–but it’s nonsense. A bipartisan bill in Ohio is getting fresh attention, a bill that will allow for the sale of “fracked” brine for deicing roads in the Buckeye State during winter…