Wastewater

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    PA DEP Green Lights Wastewater Injection Well in Clearfield County

    Here’s one that flew mostly under the radar. The Pennsylvania Dept. of Environmental Protection (DEP) has just granted final approval for the state’s ninth wastewater injection well to begin operation. The DEP approved Sammy-Mar, LLC’s Povlik #1 injection well, located in Huston Township, Clearfield County, more than two years after the federal Environmental Protection Agency had approved it. Huston Township in Clearfield County, unlike Highland Township in Elk County, and Grant Township in Indiana County, did not oppose the well. You may recall the DEP approved injection wells in Elk and Indiana counties in March, and had to sue the towns involved over their illegal home rule laws that sought to keep the wells out (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). This time around, Huston Twp wisely decided not to attempt regulating what only the state, by law, can regulate. This injection well will be an important new resource for Marcellus drillers to dispose wastewater…
    Read More “PA DEP Green Lights Wastewater Injection Well in Clearfield County”

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    PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M

    In October 2014, the Pennsylvania Dept. of Environmental Protection (DEP) fined Marcellus driller EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. We thought with that ruling it was all done and dusted. Not so. The soap opera continued when the DEP appealed the Commonwealth Court panel’s ruling back up to the PA Supreme Court where the Supremes will consider it all over again (see DEP Appeals $4.5M Wastewater Leak Fine Against EQT to Supremes). Into this mess, let’s now throw in another wrinkle. While the courts have been grappling with issues of procedure and whether or not the DEP can assess fines the way it claims it can (that is, Constitutional issues), at the same time the matter was brought up before the PA Environmental Hearing Board (EHB), a sort of quasi-court set up to hear appeals of decisions made by DEP. The EHB has decided to adjust the fine down significantly–from the DEP’s initial levy of $4.53 million down to $1.1 million. Here was their reasoning… Read More “PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M”

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    PA Supreme Court Rejects Range Resources Well Contamination Case

    For years we’ve followed the story of Range Resources and their (former) wastewater impoundments in Washington County, PA. The PA Dept. of Environmental Protection (DEP) fined Range a whopping $4.15 million for violations in September 2014 (see PA DEP Fines Range Resources $4.15M for Wastewater Impoundments). Some of the nearby neighbors claimed that Range’s leaky impoundments (a quarter of a mile away) contaminated their water wells. One of those landowners was Loren Kiskadden, who sued Range in civil court. The problem is, the DEP determined that the nearby Yeager impoundment had not contaminated Kiskadden’s well, which led to allegations that the DEP had bungled the investigation (see Did DEP Mishandle Range Wastewater Impoundment Investigation?). Kiskadden had to press on, because if the DEP doesn’t reverse its finding, he has no civil case against Range. Press on he did (see Hearing on Range Yeager Impoundment/Water Contamination Continues). The matter was heard by the DEP’s Environmental Hearing Board (EHB). The EHB found that Kiskadden didn’t have a case–his well was not contaminated by Range’s impoundment. So Kiskadden and his lawyers asked for a re-hearing. The result of that re-hearing came in December 2015 and, we thought, finally closed the door, once and for all (see DEP Final Determination: Range Didn’t Pollute Kiskadden Water Well). But no, that was not the end. Kiskadden appealed again, and in October 2016 a Commonwealth Court appeals panel affirmed the EHB’s 2015 dismissal of Kiskadden’s appeal of the DEP 2011 ruling that Range’s Yeager site operations did not contaminate Kiskadden’s well water. Case closed, right? Nope. Kiskadden had one card left to play and he did it–filing an appeal with the PA Supreme Court (see Landowner Appeals Range Well Contamination Case to PA Supreme Crt). Earlier this week, the Supreme Court sent back the appeal marked “case denied.” The fat lady has now sung…
    Read More “PA Supreme Court Rejects Range Resources Well Contamination Case”

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    NRDC Study Finds No Groundwater Contamination from Fracking in WV

    MDN has previously chronicled bought-and-paid-for research done by Duke University’s Avner Vengosh, professor of geochemistry and water quality at Duke University’s Nicholas School of the Environment (see Duke Hit Piece on Shale Water Usage from Same Park-Sponsored Prof and Latest Case of Duke U Bought & Paid “Research” by Park Foundation). Here’s how it works: Park funds Dr. Vengosh’s “research,” and he conveniently “discovers” all sorts of nasty things about shale fracking, publishing his “research” in obscure, peer reviewed journals. Mainstream media picks it up and runs it. Readers who only scan headlines get the impression fracking is evil. Mission accomplished for Park (another hit on fracking) and for Vengosh (another buck in his pocket). But last October that pattern changed. Vengosh released new research that found there’s really nothing to worry about after all when it comes to Marcellus Shale wastewater (see Duke U Researcher Tries to Repair Reputation with Wastewater Study). He’s just done it again. Vengosh and researchers from Penn State, Ohio State, and Stanford University published a study on Monday in which they declare fracking “has not contaminated groundwater in northwestern West Virginia.” They did find that on occasion wastewater spills have fouled creeks–something everyone knows. But then, on occasion rail cars overturn with nasty chemicals not related to fracking that foul local water supplies. This is not news. Still, the fact that this study, which contains real research in monitoring water wells over a three-year period, coming from Duke University and Vengosh, marks a turnabout. The really interesting news is that the study was funded, in part, by the virulently anti-drilling National Resources Defense Council (NRDC). The NRDC did not get their money’s worth with this one! We doubt Vengosh can expect any more funding from the NRDC in the future. Below are details about, and from, the study that finds fracking in WV is peachy-keen…
    Read More “NRDC Study Finds No Groundwater Contamination from Fracking in WV”

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    Shale Gas Wastewater Tech Inventor Chosen ‘Inventor of the Year’

    Dr. Shyam V. Dighe

    The Pittsburgh Intellectual Property Law Association (PIPLA), a group of more than 180 intellectual property lawyers in Western PA, bestowed their Inventor of the Year award to Dr. Shyam V. Dighe, founder and president of AquaSource Technologies Corporation, earlier this week. It is the 34th year in a row PIPLA has made such an award. This year’s winner, Dr. Dighe, is notable because the award is for an invention that cleans up fracking wastewater. The patented process, which cleans up 100% of the nastiest wastewater, reduces or eliminates the need for injection wells. Dr. Dighe was honored at a dinner ceremony earlier this week…
    Read More “Shale Gas Wastewater Tech Inventor Chosen ‘Inventor of the Year’”

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    2 PA Townships Won’t Enforce “Home Rule” Against Injection Wells

    We’ve previously reported on the story of two Pennsylvania towns that were either hoodwinked, or perhaps willing led astray, by the radical Community Environmental Legal Defense Fund (CELDF) into passing (now overturned) bans on fracking and injection wells in their towns–Highland Twp (Elk County) and Grant Twp (Indiana County). The two townships thought they would do an end-run around the state’s authority to issue permits for two injection wells–one in each township, by re-incorporating under so-called home rule charters. The towns essentially declared themselves independent of the state for a variety of matters, including oil and gas permits–which the PA state constitution clearly says is a function of ONLY the state Dept. of Environmental Protection. In March, the DEP issued final permits to each town, and at the same time sued each town to get those portions of their home rule charters, dealing with oil and gas, overturned (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). The new news is that the towns will “stand down” and, during their lawsuits, not oppose the DEP’s permits. The towns have “temporarily” acquiesced and will allow the companies building the wells to proceed…
    Read More “2 PA Townships Won’t Enforce “Home Rule” Against Injection Wells”

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    OH Injection Well that Caused OH Earthquakes Shutting Down Forever

    In late December 2011 a 4.0 earthquake hit the Youngstown, OH area. It was the latest in a string of quakes that began in March 2011, shortly after a wasterwater injection well went online–the Northstar #1 well. In March 2012 the Ohio Dept. of Natural Resources (ODNR) made a determination that indeed, it was the Northstar well that caused the quake–due to its location over an active fault (see ODNR Finds Youngstown Injection Well Caused Earthquakes). When you force liquid of any kind deep into the ground and into a fault (gigantic crack running through the rock layers), that liquid acts like grease allowing the rock layers to slip and slide, causing an earthquake. It’s a rare occurrence, at least in Ohio. Without recounting the entire sordid story, ownership of Northstar #1–originally owned by D&L Energy, whose owner was found guilty of illegal wastewater dumping unrelated to the injection well–the current owner has filed an application to permanently, and for all time, plug and close Northstar #1…
    Read More “OH Injection Well that Caused OH Earthquakes Shutting Down Forever”

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    Grant Twp Antis Threaten to Break Law, Block Legal Injection Well

    Two weeks ago MDN brought you the news that not only has the Pennsylvania Dept. of Environmental Protection (DEP) issued final permits for two new injection wells in the state, they also sued the two townships where those permits were granted because the towns had adopted home rule laws that are illegal, in contravention to state law that give power to permit and control injection wells to the DEP only–not to local municipalities (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). Grant Township (Indiana County) tried to block Pennsylvania General Energy (PGE) from building a wastewater injection well in the township first by passing an illegal law, stirred up and proposed by the odious Community Environmental Legal Defense Fund, or CELDF (see Fed Judge Overturns Grant Twp, PA Ban on Injection Wells). The town then tried to reorganize under a “home rule” charter in order to avoid the judge’s ruling (see Grant Twp, PA Reorganizes to Avoid a Court-Ordered Injection Well). The DEP is now suing Grant (and Highland Township, in Elk County) to nullify those provisions in the home rule charter that affect oil and gas regulation. In the meantime, PGE previously filed a lawsuit against Grant Township, demanding $1 million (see Anti Group CELDF Won’t Help Grant Twp Pay $1M Judgement). On March 31 and April 4, two decisions were handed down by the judge, essentially in PGE’s favor and against Grant. Below we have analysis of those decisions. All of this “bad news” for antis has created the perfect storm in Grant. Antis are now threatening to engage in so-called civil disobedience against the injection well. They plan to shut it down–or go to jail trying. Their leaders are criminals who have done this sort of thing elsewhere…
    Read More “Grant Twp Antis Threaten to Break Law, Block Legal Injection Well”

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    PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns

    Good news for Pennsylvania drillers: the PA Dept. of Environmental Protection (DEP) finally, after years of review, granted permission to two different companies to operate two new wastewater injection wells in the Keystone State. One well is located in Elk County, the other in Indiana County. With these two new injection wells coming online, the state will have a total of eight operating injection wells (vs. hundreds in Ohio). You may have seen news about the newly authorized injection wells from other news sources yesterday. But you read MDN for “the rest of the story.” And here it is, something you won’t find anywhere else (until other news sources read MDN): As soon as the DEP issued the permits for the injection wells, the DEP filed lawsuits against the two townships where the injection wells will be located, because both of those townships–Highland Township in Elk County, and Grant Township in Indiana County–had previously passed so-called Home Rule Charters in an attempt to prevent the injection wells from being located in their towns. The DEP has sued each of them (copy of the Highland lawsuit below) to correct laws that attempt to prevent the DEP from doing its job in authorizing the injection wells. We have the full news of the DEP’s decision to permit the injection wells, along with details about the lawsuits, below…
    Read More “PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns”

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    MDN Exclusive: 2016 Ohio Wastewater Disposal Market Report

    We are super excited to bring you an exclusive report that has just been released by MDN subscriber Andrew Kilgore. The report is titled “2016 Ohio Wastewater Disposal Market Report” (full copy below) and it details the wastewater injection well industry in Ohio. Andrew has spent most of his career working in the Appalachian Basin. He is an alumnus of BlueJack Energy (see Wastewater Co. BlueJack Energy Launches with $100M Investment), EnLink Midstream, and co-founder of UM Resources. Andrew authored the report and offered to let MDN be the first media outlet to release it. We thank him! The report finds that in 2016 the total amount of wastewater disposed of in Ohio was 29.4 million barrels–almost 2 million fewer barrels disposed of compared to 2015. The majority of the decline was from wastewater from out-of-state slowing down (i.e. from Pennsylvania and West Virginia). The report outlines a number of reasons for the decline in wastewater volume disposed in OH, with the primary reason being less drilling due to the low commodity price of natural gas. A few quick facts from the report: Washington County, OH saw the most volume of wastewater disposed. Buckeye Brine processed the most wastewater volume. Here’s the full report…
    Read More “MDN Exclusive: 2016 Ohio Wastewater Disposal Market Report”

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    Anadarko Indicted for Killing 165 Salamanders in Lycoming County

    BREAKING NEWS, BREAKING NEWS: Anadarko well pad site leaks wastewater and kills 165 salamanders. Funeral services are being arranged. This would almost be funny, if it wasn’t real. No, not funeral services for salamanders (although it’s not beyond believable in this day and age). In 2014 Anadarko drilled a shale well in Lycoming County, PA. In February 2015, a storage tank at the well pad–used to temporarily store produced water coming from the well (wastewater storage happens at ALL shale well sites)–either experienced a leaky valve, or was overfilled, depending on whom you ask. About 1,000 gallons of produced water leaked out of the tank and subsequently out of containment and into a drainage ditch (i.e. “unnamed tributary”) and found its way into a local creek, killing 165 (or 169, depending on the source) salamanders. And now (no lie), the Environmental Crimes Unit of the PA Attorney General’s office is hauling Anadarko and their contractor into court, charging them with environmental crimes. A PA Fish and Boat Commission biologist estimates the dead salamanders were worth $6,156–or ~$37 each. Careful where you step! If you step on a salamander in PA and accidentally kill it, the state will charge you $37 and somebody from the AG’s office will pay you a visit. It can get expensive walking along a creek in PA….
    Read More “Anadarko Indicted for Killing 165 Salamanders in Lycoming County”

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    PA Senator Reintroducing Bill to Reduce Marcellus Waste Reporting

    PA State Sen. Elder Vogel

    On Tuesday, PA State Sen. Elder Vogel (Republican from Beaver, PA) circulated a co-sponsor memo that states his intent to re-introduce a bill that will remove some of the hassles drillers now face with the recent adoption of new Marcellus drilling regulations. Specifically, Vogel wants to change the DEP (Dept. of Environmental Protection) regulation requirement that drillers must file paperwork to report the amount and disposition of drilling waste–which would include wastewater and drill cuttings–from monthly to every six months. Every gallon of frack and produced water that comes out of a well, and every square inch of leftover rock and dirt, must be tracked and a report filed. The new Chapter 78a drilling regulations adopted by the DEP requires monthly reports to be filled out–a virtual blizzard of paperwork. Vogel wants to make it more manageable with biennial reports instead…
    Read More “PA Senator Reintroducing Bill to Reduce Marcellus Waste Reporting”

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    Ohio EPA Issues Wastewater Discharge Permit for PTT Ethane Cracker

    We have some progress and movement to report about PTT Global’s proposed $6 billion ethane cracker project coming to Belmont County, OH. The rumor is that PTT will announce a final investment decision (FID) in March–just two short months away. We wait with eager anticipation! However, in the meantime, the project appears to be proceeding full speed ahead. The latest evidence of that comes from a recent permit issued for the project by the Ohio Environmental Protection Agency (EPA). The permit allows the cracker plant to discharge wastewater (which is far different from drilling wastewater) into the Ohio River. The EPA notes, in granting the permit, that although the discharge may “result in changes from current water quality conditions” the discharge “cannot violate Ohio’s water quality standards that protect human health and the environment.” Next up is an air permit from the Ohio EPA, which the agency is currently working on. Here’s the deets on the wastewater permit just issued…
    Read More “Ohio EPA Issues Wastewater Discharge Permit for PTT Ethane Cracker”

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    EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine

    In October 2014 the Pennsylvania Dept. of Environmental Protection (DEP) fined PA driller EQT $4.53 million for a leaky wastewater impoundment in Tioga County, PA (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine is unreasonable and arbitrary. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT had sued the DEP over a different matter. EQT appealed the fine and the case to PA Supreme Court and a year later the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work. The work is done and EQT has won. A three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense. The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. This is a major victory for EQT and a reigning in of egregiously overzealous state regulators…
    Read More “EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine”

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    Obama EPA Signs One Final “Sue and Settle” Case Against O&G

    January 20th, when Donald Trump is inaugurated and decomposing swamps like the EPA get drained, can’t happen soon enough. However, before that date, the Obamadroids are doing everything they can to get their last digs in. One of them is the rogue, out-of-control Environmental Protection Agency, which will soon be swept clean by Scott Pruitt (delicious justice if ever there were some). We’ve written about the sleazy practice of “sue and settle” in the past–a practice whereby government agencies like the EPA get their friends in the radical environmental movement to sue them, then they quickly settle the case and say “See, we HAVE to do this because the court is making us do it.” Scott Pruitt knows all about that practice and it will stop on Jan. 20. But until then, the EPA continues to engage in it. The latest case they’ve just settled was brought by the odious National Resources Defense Council, Earthworks and a mishmash of other radical groups in May 2016 regarding an attempt to ban injection wells and stop landfills from accepting drill cuttings (see Enviro Nazis File Lawsuit to “Force” EPA to End Injection Wells). The EPA wants to once again eat away at the sovereignty of the states by regulating oil and gas drilling “wastes” using federal law (illegal under the U.S. Constitution). When was the last time you heard of a big lawsuit like this being settled in a matter of a few months? Yeah, never…
    Read More “Obama EPA Signs One Final “Sue and Settle” Case Against O&G”

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    Shell Cracker Wastewater Discharge Becomes an Issue

    Environmentalists are accusing Shell of using a loophole to discharge wastewater at their future ethane cracker that will exceed state limits for TDS (total dissolved solids). The issue may sound familiar. In 2011 Pennsylvania “requested” that municipal sewage treatment plants without specially outfitted equipment stop accepting and processing Marcellus wastewater (see PA DEP, Marcellus Shale Coalition Admit Drilling Wastewater Likely Contaminating Drinking Water). Almost immediately, it stopped, which was a good thing for the environment. The problem with shale wastewater (i.e. produced water) is its high TDS content, including bromide. When bromide combines with chlorine used in wastewater treatment plants, it combines to produce trihalomethanes, which (in some studies) indicate increased levels of cancer in humans (see MDN In-depth: Marcellus Wastewater Discharges via Municipal Sewage Treatment Plants into PA Waterways). Nasty stuff. While the Shell ethane cracker will not process shale wastewater, it will produce water with TDS as part of its process. Shell plans to use a permit from the plant it is replacing, an old zinc smelting plant, to discharge a certain volume of water with TDS. Environmentalists say the volume they will discharge is too much and if the plant were not using a pre-existing permit (swapping ethane cracking for zinc smelting) the volume of wastewater they want to discharge would not be approved. That is, Shell is leveraging a loophole, a permit grandfathered in, and the volume of wastewater it will discharge may endanger humans downriver. Legit? Not legit?…
    Read More “Shell Cracker Wastewater Discharge Becomes an Issue”