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Natural gas quest: Cayuga Heights won't accept drilling waste

11/17/09





Cayuga Heights has no plans to accept gas drilling wastewater in the foreseeable future, Mayor Jim Gilmore said Tuesday.

"Not in the near future, and based on what we know today, not even in the distant future. But I think it's a subject we'll probably have to revisit. Probably the industry will force us to," Gilmore said. "Already in the last couple months I've had private entities come to me and talk about processing drill water and I told them we're not in the business of accepting drill water at this time."

The village's wastewater plant, which discharges into Cayuga Lake, began accepting wastewater from conventional gas drilling in May 2008.

The Journal reported the plant was doing so in mid-March, and in early April the village decided to temporarily stop accepting the material pending the results of an analysis on the wastewater plant.

At a meeting of the village trustees Monday, Superintendent of Public Works Brent Cross reported that, because of a paperwork glitch, the village's consultant actually never even began the plant analysis. The village trustees had appropriated $28,000 to pay Stearns & Wheler engineers to conduct an analysis on what pollutants and chemicals the plant could accept and treat without damaging plant infrastructure or Cayuga Lake.

Cross suggested the trustees not move forward with the study at this time, because the environmental standards they would have to meet could change pending the state's adoption of environmental regulations on gas drilling in the Marcellus shale.

Because "public sentiment against accepting drill water, horizontal or vertical, is so strong," Gilmore urged the trustees to stop funding the plant analysis as a public signal the village does not plan to accept gas drilling waste. The trustees voted unanimously Monday to end the study.

Wastewater plants, which receive their permits from the state Department of Environmental Conservation, are periodically required to conduct such analyses. In a December 2008 memo, the DEC affirmed that any municipality that wants to accept gas drilling waste must conduct an analysis first; however, a regional DEC engineer in March told the village it was OK to continue accepting the waste, even though the analysis was not complete.

Toxics Targeting President Walter Hang obtained information on the material the village accepted and discovered that the gas drilling waste exceeded pollutant standards established in the village's own law. Levels of copper, lead, "chemical oxygen demand" and "total suspended solids" were all higher in the conventional, vertical gas drilling waste than allowed under village law.

Tuesday, Hang praised the trustees for their decision, saying it "will help safeguard water quality in Cayuga Lake."

He also cited Cayuga Heights' experience as an example of why he believes the state's environmental impact statement on gas drilling should be withdrawn pending further study of existing regulations on gas drilling practices, particularly wastewater disposal.

Gas drilling waste contains high levels of salt, which is difficult or impossible for many wastewater plants to treat, and it can include a variety of chemicals, metals, and even radioactivity.

"This is the linchpin issue for natural gas drilling in New York state," Hang said. The impact statement "simply said, 'Localities, deal with this on your own.' And there really is no way that these localities can handle this drilling wastewater on their own. It really requires the state to step in, require disclosure and proper characterization of the wastewater, come up with a way that this wastewater can be pre-treated and managed properly so that we don't exacerbate our existing water quality problems."

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Hang: Gas Drilling & DEC - Podcast

11/16/09




Toxics Targeting, Inc., president Walter Hang was interviewed on WHCU 870 AM on Monday, November 16, 2009. The interview appeared on the WHCU Morning Newswatch.

New Yorkers Rally at Lone City Hearing on Hydro-Fracking

11/16/09




The battle over natural gas drilling in New York state reached a crescendo Tuesday night. Hundreds of city and state residents converged on Stuyvesant High School in downtown Manhattan to have their voices heard on the State’s controversial decision to permit drilling in the Marcellus Shale.

The Marcellus Shale is a geological formation which stretches from New York State to Tennessee and exists about one mile underground. Long thought to contain what could be the country’s largest natural gas reserves, the depth at which the rock was buried made it previously inaccessible. However, last year Governor Paterson signed a law that would allow the shale to be tapped with the combination of two technologies called hydraulic fracturing and horizontal drilling.

Paterson also ordered the state to update its Supplemental Generic Environmental Impact Statement (S.G.E.I.S.), whose draft findings were released Sept. 30. This study allows for drilling in the Marcellus Shale which includes New York City’s watershed, that provides pristine, unfiltered drinking water to over 15 million people including 9 million New Yorkers.

Proponents of drilling have recently faced two serious setbacks. The D.E.C. disclosed that its own preliminary tests indicate that hydraulic fracturing process can produce radioactive waste water. Then Toxic Targeting, an environmental database firm based in Ithaca, released a study of the last thirty years of New York State’s own environmental data. It says it found over 270 instances of contamination resulting from gas drilling.

“Contrary to repeated government assurances, state regulation of natural gas wells has been woefully insufficient for decades,” said Walter Hang, President of Toxics Targeting. “The D.E.C.’s failure to prevent and clean up natural gas hazards is so egregious that no further gas wells should be permitted until all regulatory shortcomings have been fixed,” he added. Hang notes that the wells already use hydraulic fracturing technology but the new regulations would allow horizontal drilling which he says would increase the risk of contamination.

The Tuesday hearing was the sole opportunity for public comment on the S.G.E.I.S. in New York City. Hundreds of concerned citizens, politicians and activists attended a rally prior to the hearing, which was hosted by the D.E.C. The participants were nearly unanimous in their opposition to drilling in New York City’s watershed, which become the rallying cry for many city activists, politicians and residents.

Ramsey Adams, executive director Catskill Mountain Keeper, an environmental advocacy group, attended the rally and was critical of the D.E.C. He told The Indypendent, “The draft supplemental is woefully inadequate and they need to go back to the drawing-board.” He said that grassroots organizing has been central in raising the public’s awareness and pressuring the state to approach the proposed drilling with caution. “The [D.E.C wasn’t] even going to hold public hearings, they were trying to slip this through,” he said.

Also in attendance was attorney Jay Simpson from Riverkeeper, a New York-based environmental group that works to protect the state’s water supply. He told The Indypendent that he is calling for an another extension of a public review period, which the D.E.C. recently moved from Nov. 30 to Dec. 31. “The public needs more time to to review the [environmental impact study]. Its a massively complex document, its long, its difficult to understand and is fraught with problems and needs to be thoroughly studied before the public can review it.” He added, “It makes no sense whatsoever to have industrial drilling within this source for drinking water.”

Adams noted that raising awareness of of the potential effects of drilling have been a posed a huge challenge, “Its been up to people like Catskill Mountain Keeper, the Damascus Citizens for Sustainability, Shaleshock, local groups to get the word out. We are organizing people to come to these hearings, to inform them, to educate them.” he said, adding, “The truth is the deck is stacked against us.”

Manhattan Borough President Scott Stringer has help lead a grassroots coalition called ‘Kill the Drill’ that opposes gas drilling in New York City’s watershed. He testified at the hearing and received a roaring applause over his fierce rejection of prospective drilling in New York City’s watershed. He told The Indypendent,”This is the number one economic issue as well as environmental issue,” he said.

Stringer added, “The reality is that the environmental movement that is being created here is really for two reasons. Its about the safety of our drinking water, but its also about the New York City economy.” He continued that if there is contamination of the city’s watershed, the federal government will order the city to build filtration system. “It will cost $10-$30 billion dollars a year. That’s money that should go for education and health-care for the next generation of New Yorkers,” Stringer said.

Harlem resident Walter Edwards expressed his support for Stringer. “The people are standing behind Scott Stringer and all of those who are in favor of stopping the drilling,” he said. “[The D.E.C.] needs to start paying attention because [this issue] is not going away,” Edwards added.

Samira Swanston, a graduate professor at Hunter College assigned her environmental planning class to attend and submit comments at the hearing. “We all want to have proper planning for New York’s future and we don’t want our water jeopardized, she said.” However, Swanston says she has stopped short of calling for a state wide ban to focus on opposing drilling in the watershed. “I don’t want anyone’s water polluted, but we really can’t take a chance when we are talking about 15 million people’s drinking water.”

However, many at the hearing are demanded that the state go further than just banning drilling in the city’s water supply. There were several disruptions during the hearing from activists who are demanding the state-wide ban on all drilling that uses hydraulic fracturing and horizontal drilling. As the hearing began, an activist took the stage and declared, “We want a statewide ban. We don’t need hearings to regulate this. Gas drilling is dangerous and we need to ban it.” He was quickly escorted out by police.

While Stringer opposes gas drilling in New York City’s watershed, he has yet to support a statewide ban on drilling in the Marcellus Shale, which other city politicians, such as Councilman Tony Avella have supported. Stringer said, “I think we have to look at this one step at a time. But we really want to make a campaign that builds coalitions, gets us to talk realistically to our state officials.”

Stringer continued, “The first step in a long campaign is to first protect the watershed. Then going forward we are going to have to work with communities in the Marcellus shale, and through that we will build a consensus,” he said.

Bill Wallock was among those calling for a statewide ban. A resident of a Armonk, New York, Wallock says he was disappointed that more groups have not called for a ban on drilling in areas beyond New York City’s watershed. “If you are an environmental activist why are you only concerned about people in New York City, why aren’t you concerned people across the entire state of New York? Why are we only focusing only on New York City’s water?” he asked.

“It’s great that so many groups and elected officials are opposing the gas drilling,” commented Betta Broad, deputy director of Earth Day New York, “but it concerns me that some are only calling for a ban in the City’s watershed, taking a NIMBY (Not In My Backyard) stance instead of working to protect the entire state from the harms of hydro-fracking,” she said.

Public hearings are continuing throughout the state.

Watchdog: New York State Regulation of Natural Gas Wells Has Been “Woefully Insufficient for Decades.”

11/10/09

The New York-based Toxics Targeting went through the Department of Environmental Conservation’s own database of hazardous substances spills over the past thirty years. They found 270 cases documenting fires, explosions, wastewater spills, well contamination and ecological damage related to gas drilling. Many of the cases remain unresolved. The findings are contrary to repeated government assurances that existing natural gas well regulations are sufficient to safeguard the environment and public health. The state is considering allowing for gas drilling in the Marcellus Shale watershed, the source of drinking water for 15 million people, including nine million New Yorkers.

Natural gas quest: State files show 270 drilling accidents in past 30 years

11/08/09





The state's depiction of a clean, tightly regulated natural gas industry just got a shot of muck in the eye.

As the debate over the merits of Marcellus Shale development reaches a crescendo, an Ithaca researcher has culled a list of 270 files documenting wastewater spills, well contamination, explosions, methane migration and ecological damage related to gas production in the state since 1979.

Walter Hang, president of Toxic Targeting, compiled the files using the Department of Environmental Conservation's own hazard substances spills database.

Hang runs an environmental research firm that sells data to interested parties, including engineers, consultants and municipalities. He also has a background as an environmental advocate, and he relishes the role as a public watchdog.

"We're students of how you clean this crap up," he said. "That's what we really care about."

DEC officials responded that the proportion of files relating to the oil and gas industry is small -- less than 0.1 percent -- of the total number of spills recorded on the database.

Hang said his company publicly released the list Monday to show regulation of the state's gas industry is "fundamentally inadequate."

"All we wanted to do is test the fundamental assessment the DEC often makes: Existing regulations are just fine," he said.

Fracking regulations

By Hang's assessment, they are a long way from fine. Only 60 of the 270 cases were actually caught by DEC regulators. Many were called in by residents, public safety officials, affected parties or "people who just stumbled over them," he said.

The complaints are related to traditional wells drilled through the decades, most of them in the Southern Tier and western New York.

They come to light as the state creates regulations for a new type of horizontal drilling that would be used to develop the Marcellus, the largest natural gas reserve in the country, running under the Southern Tier and throughout the Appalachian Basin. In addition to drilling horizontally through bedrock, Marcellus production requires a process called hydraulic fracturing -- pumping millions of gallons of water and chemical additives into wells under high pressure to fracture the bedrock and release gas.

The process would produce volumes of waste hundreds or thousands of times greater than what has been produced from traditional wells.

"I don't have anything against drilling, but we have enough pollution around here already, and this is going to be drilling on an unprecedented level," Hang said.

Debate over the merits and drawbacks of drilling has been fierce for the last 18 months, prompting DEC officials to suspend Marcellus permitting until it develops regulations for it. A public hearing on the proposal is scheduled for 6 p.m. Thursday at Chenango Valley High School in the Town of Fenton.

One of the most commonly documented problems is methane migration, which means natural gas flows from production formations and goes places where it shouldn't, such as water wells, basements or barns.

In Dimock, Pa., state regulators have ordered Cabot Oil & Gas to replace 13 water supplies ruined by methane migration near drilling operations into the Marcellus. One well exploded.

DEC spills data show the problem has a history in New York, even without the Marcellus.

In Freedom, for example, 12 families were evacuated in 1999 after gas moved through a fault and surfaced in a neighborhood 1 1/2 miles away, bubbling up in ponds, ditches, barns, basements and yards. The disaster was caused by equipment failure on a drill rig, although no fines or penalties were recommended, according to the file from the DEC's spills database.

It's one of the 270 cases Hang highlights. Some are more recent.

In 2003, about 100,000 gallons of brine spilled, contaminating Shanada Creek in Independence after a valve broke, according to the record.

In May of this year, a 300-gallon diesel fuel spilled after an explosion and fire at a Nornew rig in Lebanon.

Accidents 'rare'

The DEC has determined regulations being crafted for horizontal drilling and fracking used in Marcellus production would not apply to traditional wells. Hang, holding the list of problems as Exhibit A, argues the entire regulatory process needs to be rebuilt from scratch.

"They say their existing regulations are completely adequate, and their own data clearly shows this isn't true," he said.

In public meetings about drilling on state land in the summer of 2005, DEC regulators presented slide shows emphasizing how effectively drill pads and pipelines are reclaimed as lush wildflower-filled fields and meadows after drilling, characterized as a short-term disturbance.

During public meetings crowded with residents concerned about the effects of Marcellus Shale production last year, representatives from the state's Division of Mineral Resources pointed to the industry's successful history in New York as evidence it was prepared for Marcellus development

Asked how local emergency responders could prepare for a spill, fire or explosion without knowing what chemicals are used in the hydraulic fracturing process, Linda Collart, regional supervisor with the DEC's Division of Mineral Resources, responded: "We don't anticipate any significant emergencies. … These things are rare."

Asked whether the state was ready for an influx of new drilling activity beyond all historical comparisons, Collart responded: "We have been doing fine so far. ... No problems."

DEC officials, confronted with Hang's list late last week, stood by that assessment.

Dennis Farrar, chief of DEC's Emergency Response Spills Unit, said less than 300 instances out of more than 300,000 shows oil and gas issues are disproportionately small.

"In the scheme of things, this is not really a problem," Farrar said.

The agency also tracks problems through its Oil and Gas Division, said Jack Dahl, director for the Bureau of Oil & Gas Regulation. Late last week, he could not provide the number of complaints that division has responded to or the outcome.

More than three-quarters of oil and gas problems on the spills database were caught by somebody other than a DEC staff member, according to Hang's assessment. That's further evidence the Division of Mineral Resources -- with about 17 inspectors -- lacks the manpower to oversee traditional well development, let alone the Marcellus, he said.

As many as 2,000 to 4,000 Marcellus wells could be developed in Broome County in coming years, according to an economic development report commissioned by the county.

State regulators say they don't foresee problems.

"The question is, how often do they actively look for problems?" said Phil Sears of AKRF, a multidisciplinary environmental consulting firm based in New York City. "Not a whole lot."

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