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Fwd: FW: BIPARTISAN GROUP OF SENATORS INTRODUCE COAL ASH RECYCLING LEGISLATION
by Jim Sconyers 20 Oct '11

20 Oct '11

For shame. ---------- Forwarded message ---------- From: Scott Stapf <sstapf(a)hastingsgroup.com> Date: Thu, Oct 20, 2011 at 3:46 PM Subject: FW: BIPARTISAN GROUP OF SENATORS INTRODUCE COAL ASH RECYCLING LEGISLATION To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org **** ** ** **** *For Immediate Release: *October 20, 2011**** **** *Contacts:***** Don Canton (Hoeven) (202) 224-8469**** Sean Neary (Conrad) (202) 224-2043**** Ron Eckstein (Nelson) (202) 224-5326**** Jeff Sadosky (Portman) (202) 224-5190**** Emily Bittner (Manchin) (202) 224-3954**** Sara Lasure (Boozman) (202) 224-4843**** Daniel Head (Enzi) (202) 224-3424**** **** *BIPARTISAN GROUP OF SENATORS INTRODUCE COAL ASH RECYCLING LEGISLATION***** Measure Will Save Jobs, Hold Down Energy Costs, Protect Local Oversight**** **** WASHINGTON – Today, U.S. Senators John Hoeven (R-N.D.), Kent Conrad (D-N.D.), Ben Nelson (D-Neb.), Michael Enzi (R-Wyo.), Rob Portman (R-Ohio), Joe Manchin (D-W.Va.), and John Boozman (R-Ark.) introduced the Coal Residuals Reuse and Management Act of 2011, legislation that will ensure the safe and effective disposal of coal combustion residuals, a byproduct of coal-fired electricity generation that is also recycled as a valuable building material. **** **** This effort was prompted by the EPA’s proposal to regulate coal ash as hazardous waste. Coal ash is a byproduct that has been safely used for buildings, roads, bridges and other infrastructure for years under state regulations. The agency’s new rule would add additional costs to recycling companies and power plants, thereby increasing the cost of electricity to consumers.**** **** Under this legislation, states could set up their own permitting program for the management and disposal of coal ash that is based on existing EPA regulations to protect human health and the environment. States will know where they stand under this bill, since the benchmarks for what constitutes a successful state program will be set in statute. This is a states-first approach that provides regulatory certainty.**** **** The bill would set up a state permitting program for coal ash under a section of the Resource Conservation and Recovery Act that would ensure sites have the adequate groundwater monitoring, protective lining, and properly engineered structures needed to protect communities. **** **** Hoeven outlined the new legislation on the floor of the U.S. Senate today, illustrating his comments with photos of Bismarck State University’s National Center of Energy Excellence and a rendering of the new North Dakota Heritage Center expansion, both of which incorporate recycled coal residuals in their construction.**** **** “North Dakota is a good example of how states can manage the disposal of coal residuals with good environmental stewardship, and at the same time, allow for beneficial uses like building roads, bridges and buildings that are stronger and less expensive,” *Senator John Hoeven* said. “Just as importantly, this legislation helps to preserve valuable jobs at a time when the nation so very much needs them.”**** **** “Years of research have shown that coal ash should not be regulated as a hazardous waste. Doing so would only force unworkable requirements on our state's utilities, resulting in serious economic consequences and the loss of good-paying jobs,” *Senator Kent Conrad* said. “While coal ash must be handled properly, there are less burdensome regulatory options that still protect public health and the environment and can be administered by state programs.” **** **** Senator Ben Nelson of Nebraska pointed out that his state has 100 percent public power, meaning every utility customer in Nebraska purchases electricity from a public power, rural electric or municipal utility. **** **** “This legislation will help control rates for every Nebraskan who pays for electricity,” *Senator Ben Nelson* said. “It will prevent the implementation of new repetitive, burdensome, and potentially expensive EPA regulations, keeping the regulation of coal ash at the state level. Local control helps Nebraska’s publicly-owned utilities and municipalities manage their coal ash byproducts in a way that is cost-effective while ensuring the continued protection of human health and the environment.” **** **** “This bipartisan legislation will prevent serious government overreach that would negatively impact utility consumers, workers and our economy,” said *Senator Rob Portman* of Ohio. “It’s just another example of an out of control regulatory regime that has created uncertainty and threatened job growth in everything from farming to manufacturing and mining. By some estimates, the regulations EPA are proposing for coal combustion byproducts would eliminate 316,000 jobs over the next 20 years and cost hundreds of billions of dollars. Ohio’s economy, which is already struggling, would be heavily burdened by these regulations. This legislation, supported by a broad coalition of job creators, will provide a common sense framework that balances our economic, environmental, public health and energy security needs.”**** **** “This bill paves the way for states to manage coal ash in a safe, effective manner,” said *Senator Michael Enzi* of Wyoming. “It is a serious legislative effort that takes a unique approach to fixing a problem that industry and the states want to address.”**** **** “The bipartisan support for this commonsense legislation is so strong, and has been building for a long time because overregulation of coal ash by the EPA would threaten vital industries, as well as needlessly cost West Virginia and the nation more jobs - neither of which we can afford," *Senator Joe Manchin* of West Virginia said. “This legislation gives us a commonsense fix: let each state use existing EPA health and environment regulations to set up their own permitting program that allows them to recycle and reuse coal ash. This approach will protect jobs and our economy, and give families and businesses the certainty they need to help restore confidence.”**** **** “This is a commonsense approach to protecting jobs for hardworking Americans by empowering states to both protect our environment and keep electricity affordable,” said *Senator John Boozman* of Arkansas.**** **** The legislation was prompted by the EPA’s proposal to regulate coal ash as hazardous waste. Coal ash is a byproduct that has been safely used for buildings, roads, bridges and other infrastructure for years under state regulations. The agency’s new rule would add additional costs to recycling companies and power plants, thereby increasing the cost of electricity to consumers.**** **** The bill will set up a state permitting program for coal ash under a section of the Resource Conservation and Recovery Act that would ensure sites have the adequate groundwater monitoring, protective lining, and properly engineered structures needed to protect communities. **** **** “This legislation represents a reasonable new approach to environmental law – a states-first approach,” Hoeven said. “It ensures good environmental stewardship, while helping to preserve jobs and ensure that a beneficial product is made available for worthy uses. Just as importantly, it ensures that Congress and the states hold the reins of environmental policy.”**** **** *-###-***** **** **** **** ** ** - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: WVU 2 day Oct 27th and 28th Marcellus info from WVU news (clarified)
by Jim Sconyers 20 Oct '11

20 Oct '11

You can skip the gag-me speech by Joe Manchin Thursday, and go to all the sessions Friday free (sans meals) if you follow the registration contact for nonprofits. ---------- Forwarded message ---------- From: <WVABooks(a)aol.com> Date: Wed, Oct 19, 2011 at 4:04 PM Subject: WVU 2 day Oct 27th and 28th Marcellus info from WVU news (clarified) To: jimscon(a)gmail.com ** WVU College of Law to present two-day exploration of Marcellus Shale issues (Clarifies registration fees for the event)**** WVU's College of Law leaders have rounded up an array of experts from the public and private sector for an information-based two-day exploration of economic and regulatory issues surrounding one of the most significant energy developments in the history of Appalachia – Marcellus Shale natural gas recovery.**** Marcellus Shale drilling – its economic potential and the regulatory conundrums faced by state lawmakers in protecting the economy and the environment – is the subject of Drilling Down on Regulatory Challenges: Balancing Preservation and Profitability in the Development of Shale Gas Resources set for Oct. 27 and 28 on the WVU campus.**** There will be a reception and banquet featuring keynote speaker Sen. Joe Manchin at 6 p.m. Thursday, Oct, 27 at the WVU Erickson Alumni Center. Speakers and panel discussions will be held at the Marlyn E. Lugar Courtroom (room 165) at the Law Center from 8:15 a.m. to 5 p.m. Friday, Oct. 28. The panel discussions on the 28th are free and open to the public. There is a fee of $150 for those registering to attend the reception and the banquet on the 27th; included in the that fee is a continental breakfast and lunch on the 28th. There is a fee of $25 for those wishing to register for the continental breakfast and lunch on the 28th only.**** More online: http://wvutoday.wvu.edu/n/2011/10/12/wvu-college-of-law-to-present-two-day-… **** -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Coresco hearing format editorial
by James Kotcon 19 Oct '11

19 Oct '11

Today's Dominion Post editorial. More local news attached. Jim Kotcon >>>>> DOMINION POST Wednesday 19 October 2011: EDITORIAL Public comment was not a wrap State DEP needs to put this experiment in its tape recorder and listen to it The public paid a call on the state Department of Environmental Protection (DEP) on Monday. The DEP’s representative said the session was just an experiment — an informal conference, not a public hearing. So, who were the 25 audience members to argue? They were the public, that’s who. And judging from their reaction, the DEP might want to think long and hard about experimenting on the public in Monongalia County again. Whether or not the meeting was an informal conference or a public hearing was really never in dispute. It was just the protocol the DEP used for conducting this meeting. Instead of letting members of the crowd address their peers and the DEP’s experts on a permit to renew and expand a coal ash refuse facility, they were ushered to an isolated table to address a recorder while videotaped. Though the DEP’s Division of Mining Reclamation permitting supervisor was on the other side of the table, the public was effectively prevented from hearing the “public” comments. For the more intrepid members of the crowd, who wished to address the crowd and the DEP, their remarks went unheard by all except the recorder and the lone official. The DEP said the meeting’s format was experimental. The idea was to not let members of the public address each other and to provide an outlet for shy members of the crowd. Instead, members of the crowd just raised its voice. For now, we’ll just call it a failed experiment. Perhaps this format has merit in taking testimony in judicial matters. But as it applies to any kind of public comment, it’s contrary to the notion of transparency that’s the cornerstone of our government. We realize that public forums are often marked by one or more speakers who may try to dominate the proceedings. And occasionally some comments are mere rants rather than reasoned pros and cons. But that’s open government — democracy. It’s more often than not messy ... and noisy. The issues before this “informal conference” were environmentally sensitive and could potentially have a major impact on residents, nearby property owners and others. We are not going to take sides on this permit — for now — to double the size of this refuse dump near tributaries of the Monongahela River. However, the DEP has another thing coming if it thinks it can mute public opinion or quietly channel it into its recorders at a public session. Though a measure of decorum and control to allow everyone to say their piece is vital at such meetings, public sessions cannot be reduced to virtual voice mail. The state DEP is a public agency, and it still answers directly to the public. UPDATE

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DP on ash hearing
by Jim Sconyers 18 Oct '11

18 Oct '11

All in all a pretty good article. "Smackdown" indeed! -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: FW: THREAT OF LAWSUIT LOOMS OVER TOXIC COAL WASTE IN WEST VIRGINIA
by James Kotcon 17 Oct '11

17 Oct '11

>>> "Avi Kramer" <akramer(a)publicjustice.net> 10/17/2011 6:28 PM >>> Here's the final release that went out just before 6 p.m. It's also on our website: http://www.publicjustice.net/Newsroom/News/Report-Cites-Coal-Ash-Polluti on-in-WVa.aspx Thanks again, all. From: Deborah Mathis Sent: Monday, October 17, 2011 5:56 PM To: Major Media (dmathis(a)publicjustice.net) Subject: THREAT OF LAWSUIT LOOMS OVER TOXIC COAL WASTE IN WEST VIRGINIA Importance: High NEWS RELEASE FOR IMMEDIATE RELEASE October 17, 2011 Contacts: Deborah Mathis, Public Justice - (202) 797-8600 or dmathis(a)publicjustice.net Mike Becher, Appa. Mtn. Advocates - (304) 382-4798 or mbecher(a)appalmad.org Jim Kotcon, Sierra Club W.Va. Chapter - (304) 293-8822 or jkotcon(a)wvu.edu Sean Sarah, Sierra Club - (202) 548-4589 or sean.sarah(a)sierraclub.org Cindy Rank, WV Highlands Conserv. - (304) 924-5802 or clrank2(a)gmail.com REPORT CITES DANGEROUS COAL WASTE POLLUTION OF W.VA. STREAM; NOTICE GIVEN OF POSSIBLE LAWSUIT According to a just-released report <http://www.publicjustice.net/Repository/Files/CORESCO_10_13_2011_FINAL. PDF> from Monongalia County, W.Va., coal combustion waste (CCW) and acid mine drainage (AMD) have seriously harmed aquatic life and ecosystems in a local stream, Crafts Run, which spans multiple miles and discharges into the Monongahela River. The report's data-gathered at specific monitor sites along Crafts Run and detailed in this map <http://www.publicjustice.net/Repository/Files/Coresco_MapwSample&Monito rSites.pdf> -shows elevated levels of dissolved solids, aluminum, iron and manganese in water samples collected from the stream. High amounts of boron and selenium indicated CCW pollution specifically, and in certain places, the concentration of iron violated state surface water quality standards. Self-monitoring data by Coresco LLC-the company that owns and runs the disposal sites adjacent to Crafts Run-showed that violations of state criteria have occured in the past for dissolved aluminum, iron and pH, all indicators of AMD pollution. Coresco's existing disposal sites were permitted and defined by the West Virginia Department of Environmental Protection to accept CCW (commonly called "coal ash"), but Coresco is now asking the WVDEP to allow it to expand its disposal operations within the Crafts Run watershed. Local environmental groups, the Sierra Club, and the national public interest law firm Public Justice are opposing the expansion. The 46-page report states that "Coresco intends to drastically increase the amount of CCW disposed of through proposed revisions" to its existing permits with the WVDEP. As a result of those revisions, Coresco could potentially place 2.8 million tons of CCW and refuse waste within the watershed each year. "The report data shows unequivocally that coal ash dumping is destroying these streams," said Richard Webster, an attorney at Public Justice, which commissioned the report. "We're concerned that the WVDEP will allow Coresco to actually expand its dumping operations-when that is the last thing that biologically degraded Crafts Run needs." Webster and Public Justice, along with Mike Becher of the Appalachian Mountain Advocates, are representing the Sierra Club, West Virginia Highlands Conservancy, and Fort Martin Community Association against Coresco. "The Coresco operations are turning the Crafts Run watershed into one large dumping ground for coal waste," Becher said. "This is being done without stringent pollution controls or adequate monitoring, as demonstrated by the report's data." Said Jim Kotcon, Energy Chair for the West Virginia Chapter of Sierra Club, "Coresco is trying to make the claim that dumping of coal ash is somehow a beneficial use. We want Coresco to clean up its pollution and operate the site without contaminating the water. Coal ash has to be handled responsibly and in compliance with the law-or else it endangers public health." A notice letter sent today <http://www.publicjustice.net/Repository/Files/Coresco_Final_Notice_Lett er_17Oct2011.pdf> details the groups' position that Coresco must come into compliance with water quality standards. The letter was written to coincide with a WVDEP hearing tonight concerning Area No. 4-the area into which Coresco is hoping to expand-and states that Public Justice and Appalachian Mountain Advocates plan to file a lawsuit if the stream is not cleaned up within sixty days. "After years of undemonstrated assumptions that dumping coal ash is a good thing, this report finally shows that there are indeed harmful impacts to waters downstream from mine and refuse sites," said Cindy Rank, Mining Committee Chair of the West Virginia Highlands Conservancy. "Expanding Coresco's current coal ash disposal practices will not only further pollute Crafts Run but will also add additional stress to the Monongahela River, a valuable resource for tens of thousands of people all the way to Pittsburgh, Pa." The potential lawsuit would allege multiple violations of the Clean Water Act by both Coresco LLC and Mepco LLC. (All of the waste disposal areas in the Crafts Run watershed are operated by Coresco on Mepco property. Both companies are subsidiaries of a common corporate parent, Mepco Intermediary Holdings.) The lawsuit would also claim violations of the Surface Mining Control and Reclamation Act (SMCRA) by Coresco solely, and would seek both civil penalties and injunctions compelling Coresco and Mepco to come into compliance with the Clean Water Act, and Coresco with the SMCRA. ### Public Justice is a national public interest law firm that fights injustice and holds corporate and government wrongdoers accountable. See www.publicjustice.net. Deborah Mathis Communications Director Public Justice Foundation 1825 K Street NW Suite 200 Washington, DC 20006 Ph: (202) 797-8600 Ext. 246 Email: dmathis(a)publicjustice.net Web: www.publicjustice.net

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Scientific American: Top EPA scientist and Dunkard Creek
by Jonathan Rosenbaum 16 Oct '11

16 Oct '11

This is an interesting article: http://www.scientificamerican.com/article.cfm?id=epa-scientist-points-at-fr… -Jonathan

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Fwd: coal ash meeting in Granville
by Jim Sconyers 16 Oct '11

16 Oct '11

---------- Forwarded message ---------- From: Petra&John Wood <pbjmwood(a)gmail.com> Date: Sat, Oct 15, 2011 at 9:23 PM Subject: Re: coal ash meeting in Granville To: Betsy Breiding <betsy.breiding(a)gmail.com>, Elizabeth Jaeger < bjaegerart(a)gmail.com>, Laura Blackburn <lmblackburn(a)gmail.com>, michael blackburn <blackb23(a)gmail.com>, Martin Christ <mchrist(a)labs.net>, Dan Wheeler <WheelerD(a)monhealthsys.org>, Dee/Deb <dfvet(a)aol.com>, Eric Hopkins < ehopkins06(a)gmail.com>, Eva Thomas <Eva.Thomas(a)mail.wvu.edu>, Mike Furbee < pmfurbee(a)hsc.wvu.edu>, Gwen Jones <gwenjones23(a)yahoo.com>, Nicole Good < nicolegood.wv(a)gmail.com>, Jean Preckel <jpreckel(a)yahoo.com>, Rae Jean Sielen <rsielen(a)populore.com>, Paul Kinkus <pkinkus(a)comcast.net>, kfurbee(a)yahoo.com, "Kenneth St. Louis" <kstlouis(a)wvu.edu>, George Racin <gracin(a)comcast.net>, adavidroth(a)gmail.com, DaveS(a)labyrinth.net, mulkeenf(a)comcast.net, naoko0607(a)gmail.com, Tom Pue <tpue(a)frontier.com>, Mike Breiding < mike(a)epicroadtrips.us>, Ned Strauser <nestrauser(a)yahoo.com>, James Kotcon < jkotcon(a)wvu.edu>, Jim Sconyers <jimscon(a)gmail.com>, Anne_Hereford < ahereford(a)downstreamstrategies.com>, Evan Hansen < ehansen(a)downstreamstrategies.com>, Pam Kasey <pkasey(a)statejournal.com>, Linda Hagerty <linda.hagerty(a)comcast.net>, Kevin Leyden <kleyden(a)wvu.edu>, "j.or.n" <lynch59(a)frontier.com>, cash <cashvan(a)aol.com>, Betty Wiley < betty.w304(a)gmail.com>, andrew sandy liebhold <aliebhold(a)gmail.com>, leepetsonk(a)gmail.com, Michael Blumenthal <mcblume(a)attglobal.net>, John Souther <possumdee(a)gmail.com>, abyssfish(a)labs.net, "Duane330(a)aol.com" < duane330(a)aol.com>, theresa7700(a)hotmail.com, clock23(a)frontier.com, Cindy Rank <clrank2(a)gmail.com>, Michael Mackert <micmackert(a)frontier.com>, Susan Braidi <susan.braidi(a)mail.wvu.edu>, Peggy Pings <peggy.pings(a)mail.wvu.edu>, Ann Payne <paynestake(a)frontier.com>, chuck coole <chuckcoole(a)gmail.com>, Greg Morgan <cnci(a)mountain.net> just a reminder about the DEP fly ash public meeting on monday, Oct 17 at 6pm. hope to see you there. For information about the 2 sites, the extensive use of ash, and why dumping coal ash is a concern, see : http://www.westvirginia.sierraclub.org/announcements/flyash-northernWV.pdf http://www.environmentalintegrity.org/news_reports/documents/CoalAshMythFac… http://democrats.naturalresources.house.gov/content/files/2011-09-26_LTR_OS… On Tue, Oct 4, 2011 at 10:33 PM, Petra&John Wood <pbjmwood(a)gmail.com> wrote: > WVDEP has scheduled a public meeting to hear comments and answer > questions about 2 Coresco coal ash dump permits near Maidsville across the > river from Morgantown. It will be Monday, October 17 at 6:00 pm at the > Granville Volunteer Fire Department's event hall. The fire dept is on Rt > 100 and the event hall is located across the street and behind some new > construction. > > One permit is a renewal of an existing site of ~140 acres where there is > already some evidence that water contamination is occurring. The second is > a new permit for ~338 acres. > > We hope to get a large turn-out so that we can impress upon WVDEP that many > people oppose dumping toxic fly ash into our environment. We expect the > mining and power company interests will try to pack the room with their > employees. > > -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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House Passes McKinley's on Coal Ash Biull - Will Cost Lives, Jobs
by Jim Sconyers 14 Oct '11

14 Oct '11

A shameful day for the nation, and especially for us in West Virginia for two reasons: Our own Congressman McKinley, tool of industry, is the author of the bill; and we will bear the brunt of the consequences as northern West Virginia accelerates its status as the nation's coal ash epicenter. ---------- Forwarded message ---------- From: Jared Saylor <jsaylor(a)earthjustice.org> Date: Fri, Oct 14, 2011 at 2:18 PM Subject: FW: NEWS: House Vote on Coal Ash Will Cost Lives, Jobs To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org This press statement from Earthjustice on the coal ash vote just went out to about 300 reporters nationwide. _____________________________________________ *From:* Jared Saylor *Sent:* Friday, October 14, 2011 2:16 PM *To:* Jared Saylor *Subject:* NEWS: House Vote on Coal Ash Will Cost Lives, Jobs FOR IMMEDIATE RELEASE October 14, 2011 Contact: Lisa Evans, Earthjustice (978) 548-8645 Jared Saylor, Earthjustice (202) 667-4500, ext. 5213 House Vote on Coal Ash Will Cost Lives, Jobs *Neutering EPA’s ability to regulate toxic coal ash serves only corporate polluters* Washington, D.C. – The U.S. House of Representatives voted *267-144* today to pass H.R. 2273, a misguided attempt to neuter the Environmental Protection Agency’s attempt to set the first ever federal regulations on coal ash. Despite evidence showing groundwater contamination from arsenic, lead and other toxic metals at hundreds of sites and a recent study showing that federal coal ash regulations would *create 28,000 new jobs*<http://sei-us.org/publications/id/410>every year, the House voted to put the interests of corporate polluters ahead of the American public. The following statement is from Trip Van Noppen, president of Earthjustice: “Nearly three years after the tragic spill of more than 1 billion gallons of toxic coal ash in Kingston, Tennessee, it’s obvious that federally enforceable safeguards for the disposal of this toxic waste are long overdue. In fact, 267 members of the House of Representatives have taken the disturbing step of moving us even further away from this important public safety goal. “This Congress is turning their backs on what hundreds of communities living near coal ash ponds and landfills really need. Instead, these elected officials are paying attention only to the needs of corporate polluters intent on preserving their old, dangerous way of doing business. Coal ash is a toxic menace. We cannot afford another spill like the one in Tennessee, and the cold truth is that there are dozens of sites that could become another tragedy any day. Moreover, at hundreds of other coal ash sites, drinking water is contaminated with toxic heavy metals that can cause cancer and other disease. “A recent study by *Tufts University*<http://sei-us.org/publications/id/410>found that federal regulations for coal ash could provide 28,000 new jobs every year. At a time when our economy is struggling and so many Americans are out of work and trying to make ends meet, it’s shameful that 267 members of the House are turning their backs on real jobs. Rather than acting to protect America’s health and environment, it’s obvious that some members of Congress are only acting to protect polluter profits.” ####### - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: Congress should vote to protect renewable coal ash - The Hill's Congress Blog
by Jim Sconyers 14 Oct '11

14 Oct '11

Breathtaking lies from my/our Congressman. ---------- Forwarded message ---------- From: Scott Stapf <sstapf(a)hastingsgroup.com> Date: Fri, Oct 14, 2011 at 11:07 AM Subject: Congress should vote to protect renewable coal ash - The Hill's Congress Blog To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org http://thehill.com/blogs/congress-blog/energy-a-environment/187573-congress- should-vote-to-protect-renewable-coal-ash "Renewable" coal ash!? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp Sign up to receive Sierra Club Insider, the flagship e-newsletter. Sent out twice a month, it features the Club's latest news and activities. Subscribe and view recent editions at http://www.sierraclub.org/insider/ -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: COAL ASH VOTE IN HOUSE TOMORROW (FRIDAY): Still time to make a call!
by Jim Sconyers 13 Oct '11

13 Oct '11

---------- Forwarded message ---------- From: Lisa Evans <levans(a)earthjustice.org> Date: Thu, Oct 13, 2011 at 8:42 PM Subject: COAL ASH VOTE IN HOUSE TOMORROW (FRIDAY): Still time to make a call! To: COAL-COMBUSTION-WASTE(a)lists.sierraclub.org Dear Friends-- Please remind your Representative to vote to protect health and the environment and OPPOSE H.R. 2273! There is still time to call or email. Urge your congressperson to vote NO on H.R. 2273-- the coal ash bill introduced by Rep. McKinley (R-WV), which threatens the health of thousands of Americans nationwide by allowing states to continue operating leaking and dangerous coal ash dumps without requiring basic safeguards. Please call and email your Representative as early as possible now or on Friday morning. A list of all house offices and environmental staffers is attached to this email. Simply ask your Congressman to stand for pubic health and a safe environment and oppose H.R. 2273. You may wish to tell your Representative that passage of H.R. 2273 will endanger Americans nationwide: -- By allowing the indefinite operation of dangerous coal ash ponds like the one that collapsed in Tennessee in 2008; -- By allowing the continued poisoning of drinking water and fouling of air with ash containing arsenic,hexavalent chromium, lead, mercury and other hazardous metals, and -- By preventing EPA from enforcing safety standards at coal ash dumps and preventing the Agency from ever regulating coal ash disposal in the future. And you may wish to tell your Representative that H.R. 2273 will not increase recycling (because it encourages wet disposal) and will not create jobs. A study released this week by a Tufts University economist concluded that a strong subtitle C coal ash rule would net as many as 28,000 jobs each year. Thank you in advance for making this important call and sending an email to your Representative. Please send this alert to your own lists for maximum impact. Sincerely, Lisa Evans Lisa Evans Senior Administrative Counsel Earthjustice 21 Ocean Ave. Marblehead, MA 01945 T: (781) 631-4119 www.earthjustice.org - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the COAL-COMBUSTION-WASTE list, send any message to: COAL-COMBUSTION-WASTE-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp To view the Sierra Club List Terms & Conditions, see: http://www.sierraclub.org/lists/terms.asp -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: Ad Campaign for Marcellus Gas
by James Kotcon 11 Oct '11

11 Oct '11

Please excuse cross postings, I am not sure who is on the Energy Committee list, and I will be using gmail for this action. I have been working with Darla Gage of Growth Media Services on the ad campaign for Marcellus. They are the folks that did the PATH campaign, and Frank is correct, they are a pleasure to work with, and have done a lot on a very short timeframe. (The Marcellus-WV webpage has been a major resource). Below is a discussion of some advertising options. To summarize, newspaper advertising is a blackhole, don't waste your money. TV is good for visuals, but it is hard to motivate action from people once they sit down. A combination of billboards, radio, and internet advertising makes a cost-effective package that can be on-line is a short timeframe. In particular, an internet ad on a newspaper site would allow viewers to click on our link, which could take them to our web page that might direct them to more action. I propose a conference call Monday evening at 7 PM to brainstorm options and get consensus on what to do next. Darla is talking about having a film crew out as early as Tuesday so that material can be up by Sept. 5. Whaddya Tink? Jim Kotcon ---------- Forwarded message ---------- From: <darla(a)growthmediaservices.com> Date: Fri, Aug 26, 2011 at 6:52 PM Subject: Ad Campaign for Marcellus Gas To: jkotcon(a)gmail.com Hi there, Ok, I've checked out the website to familiarize myself more with the issues, and I have a few questions/thoughts for you. 1. You mention that you want the campaign to run Sept 5-12. Are you wanting it to run just that week, or are you looking for a more long term campaign? 2. Per our conversation, I understand that this is a public awareness campaign, similar to what we did for StopPATHWV. No politicizing, just making the public aware of the health, ecological and cost issues. The success of the StopPATH campaign relied on the fact that we conveyed the issues without appearing alarmist or radical, just calmly spreading the facts and making the communities aware of the issues. While the power company tried to stop the campaign, they couldn't because the basis of the information was 100% factual. They could not complain that we were crying "Fire" in a crowded theatre. We need to do the same thing here. We need to bring the reality of the situation home, explain the real world impact on their lives...this isn't something taking place halfway around the world, but something that could have an impact on the streams they fish, the water they drink, etc. Lots of different ways this can be done. One thing we would definitely want to show is the impact to the land. If there are any experts we could speak with regarding it, that would be a good option as well. I'll work this weekend on script ideas and avenues to pursue to have the most impact. 3. Given the quick turnaround time, your best bet to reach the most people is probably going to be online. Running a campaign on the Charleston Gazette site is probably a very good idea. (StopPATH got more responses from their video on the local paper's site than from the substantially more expensive local television networks.) The turnaround time for online advertising is also much more in line with the timeline we are looking at. 4. Google is a great fit for this. Placing the ads so that when someone does a search for Marcellus Gas, for fracking, and other critical keywords, they find your ad is a powerful tool. (Irritated Allegheny Power to no end that every time someone searched for Electric Company or Allegheny Power,they got an ad running against them!) Also, these are cost effective. Instead of paying for impression, you pay per response. With traditional media outlets (print, radio, television) you pay every time the ad runs. Through Google, you only pay when people click through to your website for more information. Definitely helps stretch the budget, and can reach ad locations that you couldn't reach on your own. (Google's network partners with major media outlets and thousands of websites to target the ads to the exact market...for example, a client who ran ads for a home show found their ads on HGTV's website. Perfect fit for their market.) 5. Direct mail is ridiculously expensive. Not really an option on this kind of thing. Billboards might be a good option. Affordable and broad reaching. And when done in a way to get their attention and make them think about it, can work well. 6. Radio may also be a good fit. If you do internet ads on the Gazette website, Google video ads and display ads, billboards and a radio campaign, you will have a great coverage area demographically. I need to double check some rates, but we should be able to do anywhere from a 30 day to 90 day campaign on all of these outlets for the budget you allocated. Let me know your thoughts. I know this is a lot of info and may seem like gibberish, so feel free to ask questions. If all of this looks good, I'll put together the official proposal and send it over...and with your go-ahead we'll start on some scripting this weekend. That way we'll be able to present you with an ad campaign on Monday. If it looks good, we'll need to get started first thing next week, in order to have the ads filmed, graphics designed, audio recorded, and everything edited approved and sent to the media outlets by the 5th. Best regards, Darla PS: One more question...need the verbage for the ad disclosure (This ad was paid for by a grant from....etc). To make sure we have all the legal avenues covered. Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Re: [EC] U.S. House Passes ALEC-Inspired TRAIN Act
by Paul Wilson 10 Oct '11

10 Oct '11

U.S. House Passes ALEC-Inspired TRAIN Act by Rebekah Wilce On September 23, the House of Representatives passed the American Legislative Exchange Council-inspired "Transparency in Regulatory Analysis of Impacts on the Nation (TRAIN) Act" and forwarded it to the Senate. Read this article on PR Watch at http://www.prwatch.org/node/11039 Please note the attached report came out and February and may have already been passed around. but the ALEC inspired legislation ignores that argument. enjoy, paul -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Bad news - Manchin is happy
by Jonathan Rosenbaum 06 Oct '11

06 Oct '11

Did you see this? http://manchin.senate.gov/public/index.cfm/press-releases?ID=302a2dba-6628-… and this isn't good either. http://earthjustice.org/news/press/2011/house-votes-to-increase-mercury-pol… -Jonathan

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Fwd: coal ash meeting in Granville
by James Kotcon 05 Oct '11

05 Oct '11

Please review the attached. We want a big turnout. \ Sally, could you forward this to the Mon Group list? Jim Kotcon >>> "Petra&John Wood" <pbjmwood(a)gmail.com> 10/4/2011 10:33 PM >>> WVDEP has scheduled a public meeting to hear comments and answer questions about 2 Coresco coal ash dump permits near Maidsville across the river from Morgantown. It will be Monday, October 17 at 6:00 pm at the Granville Volunteer Fire Department's event hall. The fire dept is on Rt 100 and the event hall is located across the street and behind some new construction. One permit is a renewal of an existing site of ~140 acres where there is already some evidence that water contamination is occurring. The second is a new permit for ~338 acres. For information about these 2 sites, the extensive use of ash, and why dumping coal ash is a concern, see the 3 attachments: -- flyash-northernWV.pdf -- CoalAshMythFactSheetMay10-2010.pdf -- 2011-09-26_MarkeyLtrToOSM.pdf We hope to get a large turn-out so that we can impress upon WVDEP that many people oppose dumping toxic fly ash into our environment. We expect the mining and power company interests will try to pack the room with their employees.

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Fwd: [Mountaintop Removal] Upcoming events to help stop mountaintop removal mining
by Jim Sconyers 04 Oct '11

04 Oct '11

---------- Forwarded message ---------- From: Dave Cooper <davecooper928(a)yahoo.com> Date: Tue, Oct 4, 2011 at 3:49 PM Subject: [Mountaintop Removal] Upcoming events to help stop mountaintop removal mining To: Mountaintop Removal Road Show list < mountaintopremovalroadshow(a)lists.riseup.net> Friends of the Appalachian Mountains, Here are some big upcoming events and conferences to help stop mountaintop removal coal mining in Appalachia and combat the impacts of climate change - our movement continues to grow and spread and we are now working with allies all across the country. If you want to be a part of the most vibrant, fastest-growing environmental campaign in the country, please join us - and attend one (or more) of these events. The people in this campaign are very friendly and we hope to see you there! All of the information below is also compiled on the Mountain Justice calendar - so if you have trouble with any of these links, try going to: http://www.mountainjustice.org/calendar/index.php and click on the event for more info. ------------------------------ This weekend - Oct 7-9 The Heartwood Reunion, Paoli IN. Workshops, speakers and entertainment in a lovely wooded setting in southern Indiana, about one hour from Louisville. Great food - wonderful place - highly recommended. Camping and low-cost cabins are available. To register or for more info, click here <http://www.heartwood.org/reunion/registration> ------------------------------ Also this weekend - Oct 7-9 The Changing of the Leaves Festival atop Larry Gibson's famous Kayford Mountain near Charleston West Virginia. This is a free event - See mountaintop removal at Ground Zero and hear good old mountain music. Potluck dinner and camping. For more information click here <http://mountainkeeper.blogspot.com/p/outreach.html> - for driving directions, go to google and search for "directions to Kayford Mountain." This is the best place to see mountaintop removal and you can meet the famous "Mountain Keeper" Larry Gibson. ------------------------------ There is also a work party this weekend (Oct 7-9) in Rock Creek, WV to prepare for the upcoming Mountain Justice Fall Summit. Volunteers and tools are needed - If you can help, please email David: mthegorilla(a)gmail.com ------------------------------ Oct 14-16 Mountain Justice monthly meeting in the mountains of eastern Kentucky. We will explore a historic local mining community and go up on the highest mountain in Kentucky. For more info, please email me back davecooper928(a)yahoo.com ------------------------------ Oct 15 - Kentucky Heartwood Benefit Dance, Millville KY (near Versailles and Frankfort) - old time contra and square dancing with live music. More info <http://www.kyheartwood.org/> ------------------------------ Oct 14-15 Kentucky Waterways Alliance Annual Retreat at beautiful Cumberland Falls State Park. More info<http://www.kwalliance.org/AnnualRetreat> ------------------------------ Oct 17-18 - Funeral for the Mountains, Richmond VA. Sponsored by Virginia Sierra Club. Info: glen.besa(a)sierraclub.org ------------------------------ Oct 20-21 - "Rooted in the Mountains" Symposium at Western Carolina University, Cullowee NC will examine the impacts of mountain destruction on communities. More info <http://www.wcu.edu/27734.asp> ------------------------------ Oct 21 - "Women of Appalachia" Conference - Ohio University-Zanesville, OH more info <http://www.zanesville.ohiou.edu/womenofappalachia> ------------------------------ Oct 20-23 - The Appalachian Public Interest Environmental Law Conference (APIEL) Knoxville TN at the UT Law School. This is gonna be big, with well-known speakers and an impressive lineup of noted environmental experts and field trips to learn about the life cycle of coal in Tennessee. Highly recommended. Click here <http://www.apiel.org> for more info and to register. Don't miss this! ------------------------------ Oct 28-30 - The Mountain Justice Fall Summit: Mountain Justice, Coal River Mountain Watch, and RAMPS Campaign are teaming up to present the 2011 Mountain Justice Fall Summit in Rock Creek Hollow, near Whitesville in southern WV. Learn organizing and direct action skills in the heart of the southern West Virginia mountains. See mountaintop removal and meet local West Virginia residents and activists fighting to save their mountains. For more information and to register click here<http://www.mountainjustice.org/> [image: Fall Summit 2011 flier]<http://rampscampaign.org/wp-content/uploads/2011/09/FALL-SUMMIT-FLYER-001.j…> ------------------------------ Nov 4-6 - The Southeast Student Renewable Energy Conference (SSREC) at UNC-Asheville in North Carolina. Student-run and youth-led. This is always a great conference and a lot of fun. Click here<http://www.climateaction.net/ssrec>for more info. ------------------------------ Nov 11-13 Mountain Justice Annual Meeting. Plans are still in the works, but it will be in Eggleston VA near Blacksburg. Check the Mountain Justice website in a few weeks - we will have more details posted. ------------------------------ Nov 11-13 Kentucky Sierra Club Annual Meeting, Kentucky Dam Village State Park. Great speakers and entertainment again this year. More info<http://kentucky.sierraclub.org/TheCumberland.pdf> ------------------------------ Nov 19-26 - The Caravan in Support of Indigenous Communities On The Front Lines Of Resistance at Big Mountain, Black Mesa, Arizona. We are supporting our friends and allies in the indigenous communities who are opposing the deadly impacts of coal mining. For more information, click here.<http://blackmesais.org/take_action/caravan-of-support-to-big-mountain/> This is a large gathering and an annual event. ------------------------------ Thanks and hope to see you in the mountains! Dave Cooper The Mountaintop Removal Road Show www.mountainroadshow.com This is an informational monthly email about mountaintop removal. To unsubscribe, send a blank email to: mountaintopremovalroadshow-unsubscribe(a)lists.riseup.net Thanks! -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: Scientists: Drilling threat to water
by Paul Wilson 27 Sep '11

27 Sep '11

Please fwd or post to the Fracking Activists. thx, paul ---------- Forwarded message ---------- From: Fran Hunt <Fran.Hunt(a)sierraclub.org> Date: Tue, Sep 27, 2011 at 7:21 PM Subject: Scientists: Drilling threat to water To: CONS-AWL-RESILIENT-HABITATS(a)lists.sierraclub.org Scientists: Drilling threat to water Municipal systems can't filter chemicals used in hydrofracking process By BRIAN NEARING Staff writer Published 12:00 a.m., Friday, September 16, 2011 ALBANY -- Dozens of scientists, including four from the prestigious National Academy of Sciences, warned Gov. Andrew Cuomo that it will be practically impossible for municipal drinking water systems to protect against chemicals used in natural gas hydraulic fracturing, also called hydrofracking. Their letter to the governor, released Thursday, was signed by 59 experts from 18 states and seven foreign countries, included scientists from Cornell University, the State University College of Environmental Science and Forestry, and the State University at Stony Brook. "We urge the state to reconsider its position that existing water filtration systems provide adequate protection against the risk of hydraulic fracturing, should materials from flow-back fluids migrate to lakes, reservoirs, or groundwater used for municipal water supplies," the letter states. Hydrofracking relies on a high-pressure blend of chemicals, sand and water, injected deep underground to break up gas-bearing shale rock formations. Trucks bring in million of gallons of water as well as heavy equipment to each well. Used drilling water, which can contain benzene and other volatile aromatic hydrocarbons, surfactants and organic biocides, barium and other toxic metals, and radioactive compounds, is later trucked to a disposal site. The state Department of Environmental Conservation, which is considering rules to permit hydrofracking, has vowed that treated wastewater from drilling could be discharged into rivers only after hazardous substances have been removed, spokeswoman Emily Desantis said. The governor's office did not respond to a request for comment. "The state plan will not allow anything to happen in this state that will damage the drinking water supply," said John Holko, secretary and board member of the Independent Oil & Gas Association of New York, an industry lobbying group. One of the letter's signers, Cornell ecology professor Robert Howarth, said the letter was prompted by the state's decision to ban hydrofracking in watersheds that supply drinking water for New York City and Syracuse. Neither system is filtered. "Municipal filtration systems were not designed with such hazards in mind, and the ability of the filtration systems to remove such hazardous substances has received little, if any, study. ... The best available science suggests that some of these substances would pass through the typical municipal filtration system," the letter warned. "If the risk from shale gas is too high for the watersheds of New York City, then it is too high for any of the watersheds in the state," Howarth said. It would be "extremely expensive" to add additional filters that capture hydrofracking chemicals, and Howarth could not point to a single municipal drinking water system in other states where hydrofracking is used that has done so. Reach Nearing at 454-5094 or bnearing(a)timesunion.com. Letter to governor A copy of the letter can be found at the Green Blog: http://blog.timesunion.com/green/ Frances A. Hunt Director, Resilient Habitats Campaign Sierra Club 50 F Street, NW Washington, DC 20001 fran.hunt(a)sierraclub.org 202-675-2386- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-AWL-RESILIENT-HABITATS list, send any message to: CONS-AWL-RESILIENT-HABITATS-signoff-request(a)LISTS.SIERRACLUB.ORG Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fwd: An Invitation to Join the Tar Sands Action in DC
by Jim Sconyers 27 Sep '11

27 Sep '11

---------- Forwarded message ---------- From: Bill McKibben <info(a)tarsandsaction.org> Date: Mon, Sep 26, 2011 at 2:10 PM Subject: An Invitation to Join the Tar Sands Action in DC To: jimscon(a)gmail.com [image: Tar Sands Action]<http://salsa3.salsalabs.com/dia/track.jsp?v=2&c=%2BLJjRzhjTtBBtbmtr6MmCBwgZ…> Dear friends— Once again, we’re sending you another long letter to ask for your help. It’s been several weeks since the last people got out of jail in Washington DC, at the end of two weeks of civil disobedience that led to 1253 brave people ending up in handcuffs to stop the Keystone XL tar sands pipeline. It was the largest such action in decades, and because of their leadership lots has begun to happen. *# *The Dalai Lama and Archbishop Tutu along with seven other Nobel Peace Prize winners wrote a letter to the president asking that he block the pipeline. They acknowledged the actions of those of us in DC, saying: “These brave individuals have spoken movingly about experiencing the power of nonviolence in that time. They represent millions of people whose lives and livelihoods will be affected by construction and operation of the pipeline.” *#* At President Obama’s first public speech since the sit-ins ended, a hardy bunch of University of Richmond students unfurled a huge banner demanding that the president veto the pipeline – followed by similar actions in Columbus, Ohio, Raleigh North Carolina, Cambridge, Massachusetts, Wilmington, Delaware and many many others. *# *Meeting on the Rosebud Sioux reservation last week, Native tribal leaders from both sides of the border and private land owners from South Dakota and Nebraska signed a ‘Mother Earth Accord’ opposing Keystone XL and the tar sands. These are the people who started this fight; and they’re being joined by everyone right down to Nebraska Cornhusker football fans who booed lustily when a Keystone ad showed up on the Jumbotron at a recent game. The next day the university ended their sponsorship deal with Trans-Canada Pipeline *#* Even as we issue this letter, Canadian activists by the hundreds are risking arrest on Parliament Hill in Ottawa, and brave protesters are trying to block shipments of heavy equipment to Alberta from Idaho and Montana–these are remarkable signs of continent-wide protest. *#* And on the not-so-good-side: huge wildfires driven by the worst drought in Texas history have destroyed towns and killed good people; the biggest rainfalls ever recorded have done similar damage in New Jersey, New York, and Vermont. So—there’s real momentum for action, and real need. We have less than 90 days to convince the President not to approve the pipeline. So here’s the thing: we need your help again. We need you to keep using your creativity and bodies as a part of this struggle—to fight this fight even though there’s no guarantee of victory. Here’s the plan, in three stages 1) Most important of all: *On Sunday November 6 we will return to Washington. Exactly one year before the election, we want to encircle the whole White House in an act of solemn protest*. We need to remind President Obama of the power of the movement that he rode to the White House in 2008. This issue is much bigger than any individual person, President or not, and that we will carry on, with or without him. We’re not certain this is the right plan. We don’t know if there are the thousands of people that it will take to encircle the White House—we’ve never tried something this ambitious before. And we worry that it’s too earnest and idealistic—that maybe we should be going back to jail. But unlike last time, this time we’re working from a position of strength, and we can firmly but peacefully remind the president that we were the real power behind his campaign. We’re not expecting any arrests at this action, but we are expecting to send an unmistakable, unavoidable message. *To join the action on the 6th, click here to sign up: ** http://www.tarsandsaction.org/sign-up*<http://salsa3.salsalabs.com/dia/track.jsp?v=2&c=Uctj6LyJlICjqVT0jBc6NhwgZCX…> 2) But we have to start building momentum now with action in our communities. Between now and October 7, the State Department is holding a series of hearings on its flimsy report on Keystone XL. Our colleagues in the environmental movement are doing a good job of organizing for those meetings, including the final one in DC—and we’ll be supporting a rally at the final hearing. *But starting on October 8, we’ll begin a rolling series of actions at key Obama campaign offices around the country.* We want these to be a bit bigger and more serious than what’s come before, so we’ll be doing training and providing materials to folks in those communities. We need to make sure that the message gets through to headquarters that people remember the promises from the 2008 campaign and want them kept. 3) *We need to keep showing up at the president’s public appearances* – just like what’s already been happening on campus after campus, town after town. (We especially like the chant that goes: “Yes We Can…Stop the Pipeline.”). Our organizing team is tracking the president’s every appearance to look for opportunities to act. If the President is coming to your neighborhood, we need you to get his attention. (We’ll help you do that). We’ve already shown we have the courage and the fortitude for civil disobedience.Now we need to mix it up and show a different side of the campaign. Many of us were sincerely moved by Barack Obama’s campaign for president. We’re not yet ready to concede that his promises were simply the empty talk of politicians. We’re not going to be cynics until we absolutely have no choice. It will be a beautiful and brave sight, the White House enclosed by the kind of people that put President Obama there. Since he’s said he’ll make up his mind by the end of the year, now’s the time. We know it’s hard to get to Washington, but if you can: this is the moment. Thank you. A lot. Tim DeChristopher, inmate, Federal Correctional Institution, Herlong California Tom Goldtooth, Indigenous Environmental Network Courtney Hight and Maura Cowley, Energy Action Coalition Jane Kleeb, Bold Nebraska Bill McKibben, tarsandsaction.org Gus Speth, former chair, president’s Council on Environmental Quality Becky Tarbotton, Rainforest Action Network Lennox Yearwood, Hip Hop Caucus Click here to unsubscribe<http://salsa3.salsalabs.com/dia/track.jsp?v=2&c=gC40HvjoKTfWgARMnNJVLBwgZCX…> [image: empowered by Salsa] <http://www.salsalabs.com/?email> ** -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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3rd Circuit approves Allegheny Forest drilling
by Jonathan Rosenbaum 26 Sep '11

26 Sep '11

The U.S. Forest Service overstepped its authority when it imposed a ban on oil and gas drilling in the Allegheny National Forest, according to a federal appeals court ruling issued last week. http://www.post-gazette.com/pg/11269/1177018-499-0.stm?cmpid=newspanel4 -Jonathan

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Fwd: Re: Fw: DEP Public Notice - Informal conference scheduled for Article 3 Permit No. O200709 and
by James Kotcon 23 Sep '11

23 Sep '11

FYI. We need to do some planning on this one. JBK >>> "Petra&John Wood" <pbjmwood(a)gmail.com> 9/23/2011 2:59 PM >>> The new "mining permit (actually for coal ash disposal) is for 337.62 acres for a Coal Refuse Disposal Area under Permit O200709 and is the one we mentioned often in the DC fly in. They are planning to use it as a flyash dump for 35 yrs and permitting it under smcra even though they explicitly stated in their application that no mining will occur (go figure!). We're going to need to get the word out for a lot of people to attend and give comments at the meeting. I'm sure the "other side" will be out in full force. - petra > ----- Original Message ----- From: <dep.online(a)wv.gov> > To: <curt1968(a)comcast.net> > Sent: Friday, September 23, 2011 12:03 PM > Subject: DEP Public Notice - Informal conference scheduled for Article 3 > Permit No. O200709 and Article 3 Permit No. O101593. > >> >> The following was sent to you because you are a >> Member of the DEP Public Notice mailing list. >> ==============================**============================= >> Friday, September 23, 2011 @ 12:03 PM >> ==============================**============================= >> >> The West Virginia Department of Environmental Protection, Division of >> Mining >> and Reclamation, 105 S. Railroad Street, Suite 301, Philippi, WV 26416, >> will >> hold an informal conference at 6:00 p.m. on Monday, October 17, 2011, in >> the >> Granville Volunteer Fire Department Social Hall, located on Route 100, in >> Granville, WV. The purpose of the hearing is to allow comments from those >> people having an interest which is or may be adversely affected by the >> Surface >> Mine Application by Coresco, LLC to permit 337.62 acres for a Coal Refuse >> Disposal Area under Permit O200709, located 2.0 miles northwest of >> Maidsville, >> WV in Cass District of Monongalia County and for the Renewal of Article 3 >> Permit Number O101593 to conduct surface mining, coal preparation, coal >> ash and >> coal refuse disposal, located 1.2 miles Northeast of Maidsville, WV in >> Cass >> District of Monongalia County. This meeting is being held in accordance >> with >> Chapter 22, Article 3, Section 20 of the Code of West Virginia. For >> further >> information, contact Permit Supervisor, WVDEP, at (304) 457-3219. >> Reference >> Article 3 Permit No. O200709 and Article 3 Permit No. O101593. >> >> ==============================**============================= >> To view past notices of open public comment periods or to unsubscribe >> from this Mailing List, login at: >> http://apps.dep.wv.gov//**MLists2/ <http://apps.dep.wv.gov//MLists2/> >> >> >> >> >

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FW: Seminar Oct 4th - The Environmental Impacts of Marcellus Shale Gas Extraction
by Grubb, Karen 23 Sep '11

23 Sep '11

Seminar at Fairmont State Biology Program. From: Flood, Mark Sent: Thursday, September 22, 2011 8:48 AM To: Huggins, Pamela; Roof, Steven; Gilberti, Anthony; Yeager, Phillip; Morris, Tony; Grubb, Karen; Trisel, Donald; Magro, Albert Cc: Hemler, Debra; McKeen, Angela; Harvey, Erica; Scanlon, Matthew; Baur, Andreas; Weekley, James; Baxter, Harry Subject: Seminar Oct 4th - The Environmental Impacts of Marcellus Shale Gas Extraction Everyone, Below is the information on the seminar (and the speaker) coming up on Tuesday October 4th at 12:30pm in 305ET. Please pass this along to any interested students. Thanks, Mark The Environmental Impacts of Marcellus Shale Gas Extraction The Marcellus Shale represents one of the largest reservoirs of unconventional natural gas in the world. It holds the potential to provide a source of energy and jobs. It's extraction, however, requires significant land area, millions of gallons of water, toxic chemicals, pipelines, compressor stations and processing plants. The full development of an unconventional gas play can result in habitat fragmentation, ecological damage, and the degradation of water and air quality. The produced water especially, presents a major challenge as it may contain upwards of 350,000 mg/l of total dissolved solids and naturally occurring radioactive materials (NORM). The use of open impoundments for recycling has provided a unique incubator for the enrichment of salt tolerant microbial species. The talk will provide an overview of the processes involved in shale gas extract and their environmental impacts. John Stolz is a Professor of Environmental Microbiology in the Department of Biological Sciences and Director for the Center for Environmental Research and Education at Duquesne University. He studies the microbial metabolism of metals including arsenic, selenium, and chromium. He is currently investigating the environmental impacts of shale gas extraction with emphasis on water issues. He has published 63 journal articles, 30 book chapters, and edited two books. Dr. Stolz has a BS in Biology from Fordham University and a PhD in Microbial Ecology and Evolution from Boston University and was an NRC Fellow at the NASA Jet Propulsion Laboratory and Cal Tech, and an NSF Plant Biology Fellow at the University of Massachusetts, Amherst.

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Fwd: Fracking Webinar for Landowners 9/27: Register Today
by James Kotcon 23 Sep '11

23 Sep '11

FYI. From my certifier. Jim Kotcon >>> "Ohio Ecological Food & Farm Association" <oeffa(a)oeffa.org> 9/23/2011 9:58 AM >>> FRACKING AND FARMLAND: WHAT FARMERS AND LANDOWNERS NEED TO KNOW ABOUT THE RISKS TO AIR, WATER, AND LAND High-volume hydraulic fracturing (HVHF), also known as fracking, and the impact to farmers and landowners will be the subject of a webinar on Tuesday, September 27 at 6 p.m. This educational session, organized by the Ohio Ecological Food and Farm Association (OEFFA) and featuring analysis by the Ohio Environmental Council (OEC), will provide information to Ohio farmers and landowners about the fracking process and potential environmental impacts. "It's important that farmers understand the risks to their farming livelihood when approached to sign a lease with an energy company," said OEFFA Program Director Renee Hunt. "It is our goal to give farmers the information they need to make informed decisions." "Shale Gas formations underlying farmland are being rapidly explored, as we attempt to satisfy our appetite for energy. Extracting this resource is an energy and resource- intensive process. We will discuss the process and potential risks to the air, land, and water, upon which we all rely," said OEC Agricultural Programs Director Joe Logan. For organic farmers, contaminated soil or water can jeopardize a farm's organic certification status. "OEFFA certifies farms across Ohio and the Midwest," said Hunt. "Before farmers sign on the dotted line, they need to understand the potential risks to their land and their livelihood." This free, web-based seminar will deliver the session through the internet directly to participants' computers. They will be able to view the presentation through their internet browser and listen to the audio portion through a call in phone number or through their computer's speakers. The session will be interactive and allow participants to ask questions and communicate with the presenter. The webinar will be recorded and available online in October. To register for the webinar, go to <https://www3.gotomeeting.com/register/608082446> https://www3.gotomeeting.com/register/608082446 For more information, contact Renee Hunt at (614) 421-2022 Ext. 205 or renee(a)oeffa.org. ### The Ohio Ecological Food & Farm Association (OEFFA) is a non-profit organization founded in 1979 by farmers, gardeners, and conscientious eaters who committed to work together to create and promote a sustainable and healthful food and farming system. For more information, go to <http://www.oeffa.org/> www.oeffa.org. The mission of the Ohio Environmental Council (OEC) is to secure healthy air, land, and water for all who call Ohio home. The OEC has a widely respected 40-year history of innovation, pragmatism, and success. For more information, go to <http://www.theoec.org> www.theoec.org.

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Fw: WV News Service- Next Week
by Frank Young 21 Sep '11

21 Sep '11

----- Original Message ----- From: "West Virginia News Service" <wvns(a)newsservice.org> To: "West Virginia News Service" <wvns(a)newsservice.org> Sent: Wednesday, September 21, 2011 4:46 PM Subject: Next Week Hi folks, At the moment next week is all open. Anyone got a story they want to tell? drh

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wind / gas industry alliance?
by Frank Young 19 Sep '11

19 Sep '11

BlankThis could be an interesting potential alliance, politically. Maybe the wind industry could push the gas industry to accept some environmental toilet training, including reasonable regulations. The wind industry is realizing that to be credible in the marketplace of "green energy" it will need to address some of the most deleterious problems identified with wind energy- i.e. bat mortality, intermittency of wind, etc. . http://journalrecord.com/2011/09/16/roth-bode-reaching-out-to-industry-opin… "Last week in a speech to the Natural Gas Roundtable, Bode said opportunities abound for wind and gas to partner. While both are central parts of most utility generation planning, Bode said, they should rely on each other to continue their success."

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Fwd: report on the Facemire protest
by James Kotcon 19 Sep '11

19 Sep '11

See attached report from Denise Binion. Perhaps we need another action, the Marcellus Committee still is not done, and they now think it iwll be November before a special session is called. How about we shift the focus to Tomblin. He is running for Governor this month, and, notwithstanding his Executive Order, he doesn't seem to think this is an "Emergency". JBK

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Fwd: What, Me Worry?
by James Kotcon 19 Sep '11

19 Sep '11

This sentence is starting to hit home with me. JBK "Dozens of scientists, including four from the prestigious National Academy of Sciences, warned NY Gov. Cuomo that it will be practically impossible for municipal drinking water systems to protect against chemicals used in natural gas hydraulic fracturing,...." >>> Betty Wiley <betty.w304(a)gmail.com> 9/18/2011 12:34 AM >>> ---------- Forwarded message ---------- From: Robert Donnan <redchief7(a)verizon.net> Date: Sat, Sep 17, 2011 at 6:21 AM Subject: What, Me Worry? To: Robert Donnan <redchief7(a)verizon.net> ** *SCIENTISTS: DRILLING THREAT TO WATER* September 16, 2011 - Dozens of scientists, including four from the prestigious National Academy of Sciences, warned NY Gov. Cuomo that it will be practically impossible for municipal drinking water systems to protect against chemicals used in natural gas hydraulic fracturing, also called hydrofracking.**** Their letter to the governor, released Thursday, was signed by 59 experts from 18 states and seven foreign countries, included scientists from **** Cornell** **University**, the State University College of Environmental Science and Forestry, and the ****State** **University**** at Stony Brook.** ** http://www.timesunion.com/local/article/Scientists-Drilling-threat-to-water… **** ** ** ** ** *SCIENCE LAGS AS HEALTH PROBLEMS EMERGE NEAR GAS FIELDS* ** September 16, 2011 – Hydraulic fracturing, along with other processes used to drill wells, generates emissions and millions of gallons of hazardous waste that are dumped into open-air pits. The pits have been shown to leak into groundwater and also give off chemical emissions as the fluids evaporate. Residents' most common complaints are respiratory infections, headaches, neurological impairment, nausea and skin rashes. More rarely, they have reported more serious effects, from miscarriages and tumors to benzene poisoning and cancer. **** ProPublica examined government environmental reports and private lawsuits, and interviewed scores of residents, physicians and toxicologists in four states -- **Colorado**, **Texas**, **Wyoming** and ****Pennsylvania**** -- that are drilling hot spots. Our review showed that cases like Wallace-Babb's go back a decade in parts of **Colorado** and ****Wyoming****, where drilling has taken place for years. They are just beginning to emerge in ****Pennsylvania****, where the Marcellus Shale drilling boom began in earnest in 2008. **** http://www.propublica.org/article/science-lags-as-health-problems-emerge-ne… ****

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Will more turbine blades, but at lower RPMs kill fewer bats & other wildlife?
by Frank Young 16 Sep '11

16 Sep '11

BlankCurrent available information suggests that bats, for example, are more subject to deleterious or deadly interactions with wind turbines on evenings when wind speeds are lowest. On the other hand, a rotor speed of only 3.3 RPMs instead of current rotor speeds of 17-23 RPMs might (or might not) result in a lessening of deadly effects on bats and other wildlife.- Frank ------------------------------------- "A novel turbine design uses two rotors of equal diameter, one each at opposite ends of a nacelle, to capture wind at greater capacity factors than conventional designs can do, say developer Airgenesis LLC (airgenesiswind.com). The developer says the rotors, offset from each other by 60°, will be turning at low speeds of 2.5 to 3.3 rpm, and are capable of producing 51 kW in wind speeds of about 5 mph. With a maximum of 3.3 rpm, it minimizes the possibility of harming wildlife. The low speeds also minimize the danger of ice throws. “All the high rpm speeds are inside the turbine,” explains company spokesman Clayton Troxell. At a wind speed of 15 mph, the design will be producing over 1 MW with a maximum possible output of 10.7 MW at 32 mph." More here: http://www.windpowerengineering.com/design/mechanical/new-thinking-in-turbi…

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Fwd: Coal association says image campaign working in W.Va
by James Kotcon 16 Sep '11

16 Sep '11

I don't have direct data to compare with the polling discussed below, but my gut feeling is that it is probably a pretty accurate description of the 10-year trend here in WV. Jim Kotcon http://www.register-herald.com/todaysfrontpage/x803555653/Coal-association-… The Register-Herald, Beckley, West Virginia September 15, 2011 Coal association says image campaign working in W.Va. By Bill Archer For The Register-Herald BRUSHFORK — The coal industry in West Virginia is doing a better job of telling its story to the public, and Gary White, chairman of the board of the West Virginia Coal Association, has the data to back it up. White, 61, of Logan, who served as the Media Appreciation Breakfast speaker at the Greater Bluefield Chamber of Commerce’s biennial Bluefield Coal Show, was appointed president of International Resources LLC in April. He said that in 2000, the coal industry was “faced with a negative image” and “after much conversation” the coal association decided to move forward to change that image. According to White, the association assessed a “per ton fee” to its membership and hired the Charleston-based public relations firm of Charles Ryan & Associates. After that, White said the association had serious discussions on the topic of making a concentrated effort “to move the needle” on the gauge of public opinion. In 2001, White said Ryan & Associates conducted a baseline poll to determine the public’s perception of the coal industry and found that only 45 percent of the 600 residents polled had a favorable opinion of the coal industry. >From 2001 until 2008, the coal industry’s “level of support” had climbed to 61 percent, with an additional question concerning level of trust that also received a 61 percent favorable response. White said the coal association decided to undertake another study this year to determine its 10-year position. R.L. Repass & Associates Inc. recently conducted the study and determined that the state’s favorable opinion of the coal industry has grown to 74 percent. In addition to the favorable ranking, White told the audience that the coal industry received an 82 percent favorable level of trust response. He added that 82 percent of the residents surveyed believe the coal industry is doing a better job in terms of its commitment to the environment and said that 92 percent of the people surveyed believe there can be a balance between coal mining and environmental regulations. When the coal association started examining its strengths, White said that Warren Hylton said the association had an army to help us. “Warren came up with the idea for the Friends of Coal,” White said. He noted that the Friends of Coal Bowl between West Virginia and Marshall universities continues to serve as a centerpiece of that organization. White added that the Kentucky Coal Association is doing something similar with their University of Kentucky versus Louisville in-state rivalry game. In addition to the Friends of Coal Bowl, White said the highly successful Friends of Coal Auto Show in Beckley that draws 30,000 people annually is also an outgrowth of Hylton’s idea, and added that West Virginia now has 1,000 Friends of Coal license plates. “We got a later start than our friends in Kentucky on the license plates,” White said. “They already have 43,000 Friends of Coal license plates in Kentucky. When people see that, it makes a difference.” Along with Friends of Coal, White said that Arch Coal’s CEDAR (Coal Education Development And Resource) program, as well as FACES (Federation for American Coal Energy and Security) of Coal, makes its presence known at public hearings. He also said organizations like Coal Mining Our Future in Kentucky, and other initiatives including meeting with local clergy, are making a difference. He characterized the Environmental Protection Agency as “the most egregious agency in the (Obama) administration” and urged the people attending the coal show to keep working to promote better understanding of the coal industry. “We can’t just rest on the successes we’ve had in West Virginia,” White said as he toured the 237 exhibitors participating in the coal show. “I think we’ve helped the average person connect the dots. We’ve helped people understand where their energy comes from.” He said that all of the initiatives are making a difference. “We are moving the needle of public opinion in favor of the coal industry,” he said. Following the breakfast, the scene shifted to the National Guard Armory/Civic Center for the formal ribbon-cutting ceremony for the coal show. “We’re doing some positive things in the coal industry,” Bill Reid said as White cut the ribbon to open the three-day event.

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Gubernatorial Candidate Involved in Car Accident with Semi-truck
by Frank Young 15 Sep '11

15 Sep '11

Some of you may have already read or heard that Bob Henry Baber was involved in a traffic accident earlier today. I just spoke with Bob Henry's daughter via cell phone. She says that they are mostly OK, but that the hospital wants to keep Bob overnight for observation. She said that he got a "pretty good" bump on the head, but that the word so far is that the biggest concern appears to be about some possible whiplash. So Bob may be running a little slower in the 3 weeks remaining of this election campaign. Frank Young ---------- Original Message ----- Date: Thu, Sep 15, 2011 at 12:38 PM Subject: re: Gubernatorial Candidate Involved in Car Accident with Semi-truck IMPORTANT UPDATE: While driving on I-79 to Pittsburgh, PA to catch a flight, Dr. Robert “Bob Henry” Baber and his two youngest children, Cody and Jackie, were involved in a traffic accident. A PAVCO semi-trailer truck illegally entered their lane and struck their vehicle with enough force to pin them to the guard rail. The driver of the truck did not stop. He was later apprehended by law enforcement on I-68. Candidate Baber and his children received some injuries (to my knowledge, none are life-threatening) and have been transported to Reuben Memorial Hospital in Morgantown, WV.

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coal euphemism
by Jim Sconyers 08 Sep '11

08 Sep '11

I notice in the NMA blast against the Sierra Club that they have softened "coal-fired" power plants to "coal based." See how much nicer that sounds? -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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OAG Expo in Morgantown
by Jonathan Rosenbaum 03 Sep '11

03 Sep '11

http://www.wvoilandgasexpo.com/why_morgantown.php As the statewide debate on Marcellus Shale drilling and fracing unfolds, the city of Morgantown has become a central topic of discussion. On June 21, the Morgantown City Council enacted an ordinance banning hydraulic fracturing of natural gas wells drilled horizontally within a mile outside city limits, starting a chain reaction that has spurred discussion statewide, from small towns to the state capital. The West Virginia Oil and Gas Expo will be held at Mylan Park in Morgantown on October 5. While hosting the Expo in the very city that seeks to ban oil and gas operations within city limits may seem counter-productive, there are several reasons why the area is perfectly suited for this event. This could be a great opportunity. Mon General is one of the sponsors. I can fill people in with details if they are interested.

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DEP Public Notice - County - Monongalia - Applicant - Longview Power, LLC - Application No. WV0116238
by Jonathan Rosenbaum 31 Aug '11

31 Aug '11

Am I correct to assume that this permit is well construed? -Jonathan =========================================================== Friday, August 26, 2011 @ 4:04 PM =========================================================== STATE OF WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT PUBLIC NOTICE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S, PUBLIC INFORMATION OFFICE, 601 57TH STREET, CHARLESTON SE, WEST VIRGINIA 25304-2345 TELEPHONE: (304) 926-0440. APPLICATION FOR A WEST VIRGINIA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WATER POLLUTION CONTROL PERMIT Public Notice No.: L-103-11 Public Notice Date: August 31, 2011 Paper: Dominion Post The following has applied for a WV NPDES Water Pollution Control Permit for this facility or activity: Appl. No.: WV0116238 Applicant: LONGVIEW POWER LLC 306 DENTS RUN RD MORGANTOWN, WV 26501 Location: MORGANTOWN, MONONGALIA COUNTY Latitude: 39:42:39 Longitude: 79:57:25 Receiving Stream: Monongahela River Activity: To operate and maintain a 695 megawatt coal fired power plant in the Morgantown area. Also to operate and maintain a 4,000 gallons per day activated sludge tertiary treatment package plant. The permittee shall operate and maintain a closed system and best management practices from which there will be no discharge of any process or non-process wastewaters (including storm water) to waters of the State of West Virginia. Business conducted: 695 megawatt coal fired power plant. Implementation: N/A On the basis of review of the application, the "Water Pollution Control Act (Chapter 22, Article 11-8(a))," and the "West Virginia Legislative Rules," the State of West Virginia will act on the above application. Any interested person may submit written comments on the draft permit and may request a public hearing by addressing such to the Director of the Division of Water and Waste Management within 30 days of the date of the public notice. Such comments or requests should be addressed to: Director, Division of Water and Waste Management, DEP ATTN: Lori Derrick, Permitting Section 601 57th Street SE Charleston, WV 25304-2345 The public comment period begins August 31, 2011 and ends September 30, 2011. Comments received within this period will be considered prior to acting on the permit application. Correspondence should include the name, address and the telephone number of the writer and a concise statement of the nature of the issues raised. The Director shall hold a public hearing whenever a finding is made, on the basis of requests, that there is a significant degree of public interest on issues relevant to the Draft Permit(s). Interested persons may contact the public information office to obtain further information. The application, draft permit and any required fact sheet may be inspected, by appointment, at the Division of Water and Waste Management Public Information Office, at 601 57th Street SE, Charleston, WV 25304-2345, between 8:00 a.m. and 4:00 p.m. on business days. Copies of the documents may be obtained from the Division at a nominal cost. Calls must be made 8:30 a.m. to 4:30 p.m. Monday through Friday. =========================================================== To view past notices of open public comment periods or to unsubscribe from this Mailing List, login at: http://apps.dep.wv.gov//MLists2/

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Re: [EC] Facemire protest Sunday
by Chuck Wyrostok 30 Aug '11

30 Aug '11

So excellent you all did this (thank you, DeniseB for the heads-up). And, Jim, thanks for the good rundown of talks. I very much agree with Leslee (below) that at these events we also have people inside as just "everyday people" concerned about Marcellus. I think this is important, as Facemire was quoted as saying "those people out there ought to be ashamed of themselves" on the day of the WV4MoM protest at the capitol....c Chuck Wyrostok Sierra Club Outreach Organizer Toll free 877 252 0257 E: outreach(a)marcellus-wv.com www.marcellus-wv.com -----Original Message----- From: Leslee McCarty [mailto:lesleemac1@frontier.com] Sent: Monday, August 29, 2011 9:59 AM To: James Kotcon; ec(a)osenergy.org Cc: DSGJr(a)aol.com; Chuck Wyrostok; Denise Poole; Denise Binion; peacelovemom(a)gmail.com; garyz(a)wvcag.org; julie(a)wvcag.org; sminney(a)wvrivers.org; jkotcon(a)wvu.edu Subject: Re: Facemire protest Sunday Good for you guys!!!He is quite a talker, though, isn't he? For next time, I would recommend some folks going in civilian clothes with no signs and just circulating among the crowd. Then when you talk to them, you are a noncombatant. Some signs, some civilians? ----- Original Message ----- From: "James Kotcon" <jkotcon(a)wvu.edu> To: "Leslee McCarty" <lesleemac1(a)frontier.com>; <ec(a)osenergy.org> Cc: <DSGJr(a)aol.com>; "Chuck Wyrostok" <wyro(a)appalight.com>; "Denise Poole" <deniseap(a)earthlink.net>; "Denise Binion" <dbinion(a)gmail.com>; <peacelovemom(a)gmail.com>; <garyz(a)wvcag.org>; <julie(a)wvcag.org>; <sminney(a)wvrivers.org>; <jkotcon(a)wvu.edu> Sent: Monday, August 29, 2011 9:40 AM Subject: Facemire protest Sunday As you may recall, Senator Facemire held a picnic in Braxton County Sunday and Gov. Tomblin attended. About ten of us staged a small protest with picket signs, etc., calling for clean air & water, asking the Select Committee to meet, urging Facemire to do his job, etc. Four were from Morgantown, several from the Clarksburg area (Includes Facemire's district, Yeah Denise!!!), a couple from other areas, so a broad representation. (At least 6 of the ten had attended our Marcellus Training Academy in June). No press were in attendance, but it looked like about 100 locals. Our group was not allowed beyond the parking lot, but it still gave us access to a site that everyone had to pass. About half way through the event, Natalie Tennant walked down to talk with us. She indicated she would likely be signing the Emergency rules today, although she stated that they should have been stronger and she was looking to see if there was something she could do (although I think it is unlikely that the Secretary of State can do much other than approve or reject Emergency rules.) We also talked briefly to (or at least talked at) Senator Minard, and a couple other local politicians. As the event broke up, Senator Facemire came down to talk. (Some of us think he was just running interference and creating a distraction to allow Tomblin to escape). He ended up talking for two hours. He certainly wanted us to go away thinking he is our friend, but he really did not promise anything, and never really got out of "campaign" mode. He always had an answer for our points, or else he changed the subject, and he did so repeatedly. He raised a couple of issues worth discussing. 1) The Oil & Gas Inspectors Examining Board was discussed repeatedly. He said the main thing DEP wanted was to be able to move inspectors from mining or water or waste to gas, and vice versa, and Facemire wanted to keep dedicated gas inspectors. I do not think it is a problem to move an inspector from a little used position to one where there is rapid growth. Otherwise, once hired, the inspector will never do anything else, and if the industry slows down, they are sitting around not doing anything. While there should be training requirements, it should not require five years of industry experience to become a gas inspector. 2) Set-backs form houses, etc. Facemire said he did not object to 500 feet, but that the property owner should have the option of allowing it closer in cases where it might lessen the impact. While this seems reasonable, it gives the gas industry a powerful incentive to bully landowners into allowing drilling within the buffer zone. Thus, that provision has the potential to gut the set-back requirement by making it "optional". 3) public notice and comment. Facemire said he had no objection to public notice, but did not think a hearing was needed. I do not think he understood the issue as he said he did not want a comment and hearing process, and preferred to keep permitting the same as for the coal industry. I should have said something like, "If that's your position, we have a deal, because that is all we want too." 4) Facemire repeatedly made the point that the real boost in jobs comes from a cracker plant, and WV has to be producing enough gas to justify that. 5) I asked if there were specific issues in the amendments that the gas industry objected too, and Facemire never really answered that. I said that the gas industry repeatedly said at the Clarksburg hearing that they supported responsible regulations, so what exactly was the objection. Facemire changed the subject. Facemire also repeated the mantra that there has never been a case of fracking chemicals contaminating ground water. He cited the Duke study which identified methane in ground water wells, but did not find fracking chemicals. Conclusions. We agreed to disagree. Facemire stated that he did not think the Committee would meet before interims and that a lot of detailed information needed to be considered, and he would rather have a good bill than a quick one. I stated that I agreed, but that we should stop issuing permits that we know are defective, so if the Legislature established a moratorium, the Select Committee could take all the time they needed to write a good bill. He replied that the staff attorneys had told them that a moratorium would be unconstitutional, and would be thrown out as quickly as the Morgantown ban. Finally, while no minds were changed, Facemire definitely knows we exist, and we will come to his home turf to hold him accountable. I don't think that has happened before. Jim Kotcon

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Re: [EC] Good news!
by James Kotcon 30 Aug '11

30 Aug '11

Note: Most county officials who have experienced Marcellus say those effects were negative. This is not the impression left by the industry or most legislators when they talk about Marcellus. Jim Kotcon >>> Candace Jordan <44ace(a)live.com> 8/29/2011 9:49 PM >>> This is a great new development. Maybe we can work with this committee. http://wboy.com/story.cfm?func=viewstory&storyid=106467#.Tlw50ZRo75g.facebo…

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Re: [EC] Fwd: Ad Campaign for Marcellus Gas
by Frank Young 29 Aug '11

29 Aug '11

So is there a call on this tonight? If so, we need a call in phone number, and code. Frank ----- Original Message ----- From: Frank Young To: Beth Little ; 'James Kotcon' ; ec(a)osenergy.org ; 'Nicole Good' ; 'gwen jones' ; glnelson1(a)frontier.com ; jkotcon(a)wvu.edu Sent: Sunday, August 28, 2011 6:42 PM Subject: Re: [EC] Fwd: Ad Campaign for Marcellus Gas I could do a call Monday at 7:00 PM. Frank ----- Original Message ----- From: Beth Little To: 'James Kotcon' ; ec(a)osenergy.org ; 'Nicole Good' ; 'gwen jones' ; glnelson1(a)frontier.com ; fyoung(a)mountain.net ; jkotcon(a)wvu.edu Sent: Sunday, August 28, 2011 6:32 PM Subject: RE: [EC] Fwd: Ad Campaign for Marcellus Gas This sounds great. I was just musing recently that billboards would be good. The internet ads idea is the reason why we employ an ad agency. They know what to do. I never would have thought of internet ads, but I LOVE the idea of an ad of ours popping up whenever someone googles Marcellus. I can be on a call Monday after 6:00. From: ec-bounces(a)osenergy.org [mailto:ec-bounces@osenergy.org] On Behalf Of James Kotcon Sent: Friday, August 26, 2011 7:30 PM To: ec(a)osenergy.org; Nicole Good; gwen jones; glnelson1(a)frontier.com; fyoung(a)mountain.net; jkotcon(a)wvu.edu Subject: [EC] Fwd: Ad Campaign for Marcellus Gas Please excuse cross postings, I am not sure who is on the Energy Committee list, and I will be using gmail for this action. I have been working with Darla Gage of Growth Media Services on the ad campaign for Marcellus. They are the folks that did the PATH campaign, and Frank is correct, they are a pleasure to work with, and have done a lot on a very short timeframe. (The Marcellus-WV webpage has been a major resource). Below is a discussion of some advertising options. To summarize, newspaper advertising is a blackhole, don't waste your money. TV is good for visuals, but it is hard to motivate action from people once they sit down. A combination of billboards, radio, and internet advertising makes a cost-effective package that can be on-line is a short timeframe. In particular, an internet ad on a newspaper site would allow viewers to click on our link, which could take them to our web page that might direct them to more action. I propose a conference call Monday evening at 7 PM to brainstorm options and get consensus on what to do next. Darla is talking about having a film crew out as early as Tuesday so that material can be up by Sept. 5. Whaddya Tink? Jim Kotcon ---------- Forwarded message ---------- From: <darla(a)growthmediaservices.com> Date: Fri, Aug 26, 2011 at 6:52 PM Subject: Ad Campaign for Marcellus Gas To: jkotcon(a)gmail.com Hi there, Ok, I've checked out the website to familiarize myself more with the issues, and I have a few questions/thoughts for you. 1. You mention that you want the campaign to run Sept 5-12. Are you wanting it to run just that week, or are you looking for a more long term campaign? 2. Per our conversation, I understand that this is a public awareness campaign, similar to what we did for StopPATHWV. No politicizing, just making the public aware of the health, ecological and cost issues. The success of the StopPATH campaign relied on the fact that we conveyed the issues without appearing alarmist or radical, just calmly spreading the facts and making the communities aware of the issues. While the power company tried to stop the campaign, they couldn't because the basis of the information was 100% factual. They could not complain that we were crying "Fire" in a crowded theatre. We need to do the same thing here. We need to bring the reality of the situation home, explain the real world impact on their lives...this isn't something taking place halfway around the world, but something that could have an impact on the streams they fish, the water they drink, etc. Lots of different ways this can be done. One thing we would definitely want to show is the impact to the land. If there are any experts we could speak with regarding it, that would be a good option as well. I'll work this weekend on script ideas and avenues to pursue to have the most impact. 3. Given the quick turnaround time, your best bet to reach the most people is probably going to be online. Running a campaign on the Charleston Gazette site is probably a very good idea. (StopPATH got more responses from their video on the local paper's site than from the substantially more expensive local television networks.) The turnaround time for online advertising is also much more in line with the timeline we are looking at. 4. Google is a great fit for this. Placing the ads so that when someone does a search for Marcellus Gas, for fracking, and other critical keywords, they find your ad is a powerful tool. (Irritated Allegheny Power to no end that every time someone searched for Electric Company or Allegheny Power,they got an ad running against them!) Also, these are cost effective. Instead of paying for impression, you pay per response. With traditional media outlets (print, radio, television) you pay every time the ad runs. Through Google, you only pay when people click through to your website for more information. Definitely helps stretch the budget, and can reach ad locations that you couldn't reach on your own. (Google's network partners with major media outlets and thousands of websites to target the ads to the exact market...for example, a client who ran ads for a home show found their ads on HGTV's website. Perfect fit for their market.) 5. Direct mail is ridiculously expensive. Not really an option on this kind of thing. Billboards might be a good option. Affordable and broad reaching. And when done in a way to get their attention and make them think about it, can work well. 6. Radio may also be a good fit. If you do internet ads on the Gazette website, Google video ads and display ads, billboards and a radio campaign, you will have a great coverage area demographically. I need to double check some rates, but we should be able to do anywhere from a 30 day to 90 day campaign on all of these outlets for the budget you allocated. Let me know your thoughts. I know this is a lot of info and may seem like gibberish, so feel free to ask questions. If all of this looks good, I'll put together the official proposal and send it over...and with your go-ahead we'll start on some scripting this weekend. That way we'll be able to present you with an ad campaign on Monday. If it looks good, we'll need to get started first thing next week, in order to have the ads filmed, graphics designed, audio recorded, and everything edited approved and sent to the media outlets by the 5th. Best regards, Darla PS: One more question...need the verbage for the ad disclosure (This ad was paid for by a grant from....etc). To make sure we have all the legal avenues covered. Confidentiality Notice: The information in this e-mail and any attachments may be legally privileged and confidential. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, nor disclose all or any part of the contents to any other person.

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Facemire protest Sunday
by James Kotcon 29 Aug '11

29 Aug '11

As you may recall, Senator Facemire held a picnic in Braxton County Sunday and Gov. Tomblin attended. About ten of us staged a small protest with picket signs, etc., calling for clean air & water, asking the Select Committee to meet, urging Facemire to do his job, etc. Four were from Morgantown, several from the Clarksburg area (Includes Facemire's district, Yeah Denise!!!), a couple from other areas, so a broad representation. (At least 6 of the ten had attended our Marcellus Training Academy in June). No press were in attendance, but it looked like about 100 locals. Our group was not allowed beyond the parking lot, but it still gave us access to a site that everyone had to pass. About half way through the event, Natalie Tennant walked down to talk with us. She indicated she would likely be signing the Emergency rules today, although she stated that they should have been stronger and she was looking to see if there was something she could do (although I think it is unlikely that the Secretary of State can do much other than approve or reject Emergency rules.) We also talked briefly to (or at least talked at) Senator Minard, and a couple other local politicians. As the event broke up, Senator Facemire came down to talk. (Some of us think he was just running interference and creating a distraction to allow Tomblin to escape). He ended up talking for two hours. He certainly wanted us to go away thinking he is our friend, but he really did not promise anything, and never really got out of "campaign" mode. He always had an answer for our points, or else he changed the subject, and he did so repeatedly. He raised a couple of issues worth discussing. 1) The Oil & Gas Inspectors Examining Board was discussed repeatedly. He said the main thing DEP wanted was to be able to move inspectors from mining or water or waste to gas, and vice versa, and Facemire wanted to keep dedicated gas inspectors. I do not think it is a problem to move an inspector from a little used position to one where there is rapid growth. Otherwise, once hired, the inspector will never do anything else, and if the industry slows down, they are sitting around not doing anything. While there should be training requirements, it should not require five years of industry experience to become a gas inspector. 2) Set-backs form houses, etc. Facemire said he did not object to 500 feet, but that the property owner should have the option of allowing it closer in cases where it might lessen the impact. While this seems reasonable, it gives the gas industry a powerful incentive to bully landowners into allowing drilling within the buffer zone. Thus, that provision has the potential to gut the set-back requirement by making it "optional". 3) public notice and comment. Facemire said he had no objection to public notice, but did not think a hearing was needed. I do not think he understood the issue as he said he did not want a comment and hearing process, and preferred to keep permitting the same as for the coal industry. I should have said something like, "If that's your position, we have a deal, because that is all we want too." 4) Facemire repeatedly made the point that the real boost in jobs comes from a cracker plant, and WV has to be producing enough gas to justify that. 5) I asked if there were specific issues in the amendments that the gas industry objected too, and Facemire never really answered that. I said that the gas industry repeatedly said at the Clarksburg hearing that they supported responsible regulations, so what exactly was the objection. Facemire changed the subject. Facemire also repeated the mantra that there has never been a case of fracking chemicals contaminating ground water. He cited the Duke study which identified methane in ground water wells, but did not find fracking chemicals. Conclusions. We agreed to disagree. Facemire stated that he did not think the Committee would meet before interims and that a lot of detailed information needed to be considered, and he would rather have a good bill than a quick one. I stated that I agreed, but that we should stop issuing permits that we know are defective, so if the Legislature established a moratorium, the Select Committee could take all the time they needed to write a good bill. He replied that the staff attorneys had told them that a moratorium would be unconstitutional, and would be thrown out as quickly as the Morgantown ban. Finally, while no minds were changed, Facemire definitely knows we exist, and we will come to his home turf to hold him accountable. I don't think that has happened before. Jim Kotcon

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letter to McKinley
by Jim Sconyers 28 Aug '11

28 Aug '11

"As discussed, we are currently working to get folks to give permission to include their name and address on our letter to Congressman McKinley requesting an in-person meeting with him BEFORE his bad coal ash bill goes to the floor of the House for a vote." We are planning to ask Congressman McKinley to come to a town hall meeting about his position on coal ash and the disastrous bill he is pushing. We are looking for folks in his district (WV Congressional District 1) who can sign on to the letter asking him for this meeting. Can I add your name? If so, please send me your name and address (verifies to him that you are a constituent) asap = and thanks! -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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McKinley dirty donations
by Jim Sconyers 27 Aug '11

27 Aug '11

Browsing McKinley's donations. Personal donations of $4800 from Don Blankenship (formerly) of Massey, $4500 from Charlie Hugenard of Longview Power. Not even counting their corporate donations. -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: Tanker accident sends fracking chemical into White Day Creek
by James Kotcon 26 Aug '11

26 Aug '11

I finally checked the link. I especially love the quote from DEP that "the rain assisted in the clean-up" of the spilled oil. Do they wonder why nobody takes them seriously. Nine barrels is something approaching 500 gallons. JBK >>> "Chuck Wyrostok" <wyro(a)appalight.com> 8/25/2011 10:22 AM >>> Chuck Wyrostok Sierra Club Outreach Organizer Toll free 877 252 0257 E: outreach(a)marcellus-wv.com www.marcellus-wv.com _____ From: Jane Birdsong [mailto:birdjra@yahoo.com] Sent: Thursday, August 25, 2011 7:48 AM To: Chuck Wyrostock Subject: Fw: [New post] Tanker accident sends fracking chemical into White Day Creek click on "full story with video on channel 5 news" if you haven't already read/seen it. pretty timely. Hope media keeps covering this story & watches what happens to plant life & aquatic life in the next month. I'll send to legislators. Did I ask you to send me more brochures? can't remember if I did, but I need more. Jane Birdsong Rt. 3 Box 114 Elkins, WV 26241 --- On Thu, 8/25/11, Gas wells on the Monongahela <no-reply(a)wordpress.com> wrote: From: Gas wells on the Monongahela <no-reply(a)wordpress.com> Subject: [New post] Tanker accident sends fracking chemical into White Day Creek To: birdjra(a)yahoo.com Date: Thursday, August 25, 2011, 12:17 AM <http://monongahelagas.wordpress.com/author/prickettsfort/> <http://monongahelagas.wordpress.com/2011/08/25/tanker-accident-sends-fracki ng-chemical-into-white-day-creek/> Tanker accident sends fracking chemical into White Day Creek <http://monongahelagas.wordpress.com/author/prickettsfort/> bj omanson | August 25, 2011 at 4:17 am | Categories: <http://monongahelagas.wordpress.com/?cat=3999036> tanker accident, <http://monongahelagas.wordpress.com/?cat=1151200> White Day Creek | URL: <http://wp.me/p1BiHw-3O> http://wp.me/p1BiHw-3O <http://monongahelagas.files.wordpress.com/2011/06/whitedaycreek.jpg?w=295&h =300#038;h=300> White Day Creek in Marion County A tanker accident in Marion County, WV, in the Monongahela watershed, resulted in a spill of nine barrels of a chemical used in fracking. The chemical spilled onto a road and into a stream which feeds White Day Creek. Residents were warned to keep their animals away from the stream. For more details, see <http://www.wdtv.com/index.php/home/local-news/8488-first-on-5-news-exclusiv e-tanker-truck-spills-chemicals-in-marion-county-stream> the full story with video on Channel 5 News. <http://monongahelagas.wordpress.com/2011/08/25/tanker-accident-sends-fracki ng-chemical-into-white-day-creek/#respond> Add a comment to this post <http://stats.wordpress.com/b.gif?host=monongahelagas.wordpress.com&blog=236 66362&post=236&subd=monongahelagas&ref=&email=1> WordPress <http://s.wordpress.org/about/images/logo-grey/grey-m.png> <http://wordpress.com> WordPress.com | Thanks for flying with WordPress! <http://subscribe.wordpress.com/?key=bf79cf2f7be1987c9e08f67eba28f373&email= birdjra%40yahoo.com> Manage Subscriptions | <http://subscribe.wordpress.com/?key=bf79cf2f7be1987c9e08f67eba28f373&email= birdjra%40yahoo.com&b=Lu31CbgLxvQgH%3DH14Bfe%26L0ac53q%25RvT-ETZVsSgFT.7u%5B zWMl> Unsubscribe | Publish text, photos, music, and videos by email using our <http://support.wordpress.com/post-by-email/> Post by Email feature. Trouble clicking? Copy and paste this URL into your browser: <http://subscribe.wordpress.com> http://subscribe.wordpress.com

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Fwd: Do we have you in our hydrofracking activist database?
by Paul Wilson 26 Aug '11

26 Aug '11

have other folks received this request from the Hydrofracking Team? p ---------- Forwarded message ---------- From: Sierra Club Activist Network <community.manager(a)sierraclub.org> Date: Thu, Aug 25, 2011 at 7:22 AM Subject: Do we have you in our hydrofracking activist database? To: pjgrunt(a)gmail.com Paul, you have a group bulletin from *Hydrofracking Team<http://connect.sierraclub.org/Team/Hydrofracking_Team> *. *Visit Hydrofracking Team.<http://connect.sierraclub.org/Team/Hydrofracking_Team> * Message:So everyone can find and see hydrofracking activists around the country we have a database so we can keep track of individuals who are working on gas drilling and hydrofracking issues throughout the country. So if you have not done so would you please email Sheryl she7wolf(a)YAHOO.COMto add yourself to the sheet. this way if you are or someone else is looking for someone in a particular state or who is dealing with an issue similar to you, or just looking for other activists in your state you can find them quickly here. So Please contact Cheryl so we can add your name and keep you in the loop Thanks, Dave Meiser ------------------------------ *Visit Hydrofracking Team.<http://connect.sierraclub.org/Team/Hydrofracking_Team> * ------------------------------ Reply? Or other thoughts? If you have questions about the bulletin CONTENT, please visit the group's page and leave a comment<http://connect.sierraclub.org/Team/Hydrofracking_Team>, or contact the group owner. *Technical Issues?* Please reply to this message (or email community.manager(a)sierraclub.org) if you have questions or problems with the bulletin itself. If you want to stop getting email, you can either leave (unjoin) or set your email preferences<http://connect.sierraclub.org/editor/app/group/managegroupmembership.aspx?O…> . -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fwd: DEP News - DEP seeking input on Oil and Gas Standards
by Jonathan Rosenbaum 26 Aug '11

26 Aug '11

-------- Original Message -------- Subject: DEP News - DEP seeking input on Oil and Gas Standards Date: Thu, 25 Aug 2011 17:24:03 -0400 From: <dep.online(a)wv.gov> To: <freesource(a)cheat.org> The following was sent to you because you are a Member of the DEP News List mailing list. ============================================================ Thursday, August 25, 2011 @ 5:23 PM ============================================================ The West Virginia Department of Environmental Protection is seeking public input on its Well Site Safety Plan Standards and Casing and Cementing Standards that are referenced in the DEP’s Emergency Rule for horizontal drilling, filed Aug. 22 with the Secretary of State’s Office. As part of the rule, all applications for well work permits involving well sites that will disturb three acres or more of surface must include a well site safety plan to spell out what steps will be taken to protect persons on site, as well as the general public and the environment. The plan is to be developed in accordance with standards developed by the DEP’s Office of Oil and Gas (OOG). The Emergency Rule also includes operational rules intended to protect water quantity and quality and instructs operators to construct wells and conduct casing and cementing activities of all horizontal wells in accordance with OOG standards. Public input on the OOG standards will be accepted until Sept. 30, 2011, and can be mailed to the Office of Oil and Gas, 601 57th St., S.E., Charleston, WV., 25304 or emailed to DEP.comments(a)wv.gov. Copies of the OOG standards can be viewed by clicking on the Office of Oil and Gas section on the DEP homepage at: www.dep.wv.gov. As directed by Gov. Earl Ray Tomblin on July 12 in Executive Order No. 4-11, the DEP filed its Emergency Rule to increase regulatory oversight of horizontal well development in the state. ============================================================ To Unsubscribe from this Mailing List, login at: http://apps.dep.wv.gov/MLists/

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FW: We need your input
by Grubb, Karen 25 Aug '11

25 Aug '11

Which of our WV legislators do you consider to be progressive? From: Steven Biel, MoveOn.org Civic Action [mailto:moveon-help@list.moveon.org] Sent: Thursday, August 25, 2011 12:18 PM To: Grubb, Karen Subject: We need your input Dear West Virginia MoveOn member, MoveOn is in the process of ramping up our work on state-level issues, and we'd like your help identifying progressive champions in your state's legislature-the kinds of people we should look to as leaders on key pieces of legislation in the West Virginia state legislature. Click this link to share your input: http://www.moveon.org/r?r=262748&id=30241-17586165-x7Jz_Nx&t=1 Thanks for your help. -Steven, Anna, Michael, Adam Q., and the rest of the team ________________________________ Subscription Management: This is a message from MoveOn.org Civic Action. To change your email address or update your contact info, please visit: http://moveon.org/subscrip/coa.html?id=30241-17586165-x7Jz_Nx To remove yourself (Karen Grubb) from this list, please visit our subscription management page at: http://moveon.org/s?i=30241-17586165-x7Jz_Nx

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Re: [EC] Fwd: Report on Shale Gas
by James Kotcon 22 Aug '11

22 Aug '11

This is from the DOE Shale gas panel that has been criticized as "dominated by industry". While I am not sure that this is entirely valid in all cases, the complaint from the Environmental Integrity Project is that 6 of 7 members have industry ties. When we went to their hearing in Washington, PA in June, they had tipped the industry folks, who got to speak early. They also clearly indicated that their mission was to determine "how" to produce gas safely, not "if" it could be done at all. Josh Fox stated at the hearing that this clearly indicated that the Commission had already made up their minds that drilling was OK, before they even gathered any evidence. We certainly want to support those recommendations such as the need for "green completions", but I think we need to go further and indicate that there should be a moratorium, no drilling permits should be issued until these are written into the rules and there is adequate enforcement to assure that the drilling is done right. JBK >>> Gwen Jones <gwenjones23(a)yahoo.com> 8/21/2011 3:33 PM >>> Okay, the source is : The SEAB Shale Gas Production Subcommittee Ninety-Day Report – August 11, 2011 Executive Summary The Shale Gas Subcommittee of the Secretary of Energy Advisory Board >>> Gwen <gwenjones23(a)yahoo.com> 8/20/2011 7:15 AM >>> Have you seen this? I think we should use some of this in the convio Rodger and I are putting together as well as our letter. Sent from my iPhone Begin forwarded message: > From: "Ted McMahon" <Ted.McMahon(a)NETL.DOE.GOV> > Date: August 19, 2011 1:38:08 PM EDT > To: "Gwen Jones" <gjones2(a)fairmontstate.edu>, "Gwendolyn Jones" <gwenjones23(a)yahoo.com> > Subject: Report on Shale Gas > > A report on recommendations regarding shale gas.

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Fw: Marcellus Shale gas cleaner than coal, CMU study says
by James Kotcon 22 Aug '11

22 Aug '11

Marcellus Shale gas cleaner than coal, CMU study says Saturday, August 20, 2011 By Don Hopey, Pittsburgh Post-Gazette Burning Marcellus Shale gas instead of coal to generate electricity could reduce emissions of climate change-producing greenhouse gases by 20 to 50 percent, a recent Carnegie Mellon University study concluded. The study, published Aug. 5 in the peer-reviewed "Environmental Research Letters," also found that Marcellus Shale gas has only a marginally larger greenhouse gas footprint when compared with conventional natural gas production. This was said to be largely due to emissions related to the transportation and treatment of millions of gallons of water used to hydraulically fracture the rock and release the gas. "Shale gas is better than coal when it comes to electricity generation," said Paulina Jaramillo, an assistant research professor in CMU's Engineering and Public Policy Department and one of six authors of the study. "We looked at the life cycle of gas and coal emissions, and even though methane emissions from gas are higher than from coal, the combustion emissions from coal really overwhelm them." The study's findings estimating the life cycle greenhouse gas emissions of the two fossil fuels is different than a Cornell University study in April that said shale gas methane emissions are as harmful or more harmful than carbon dioxide emissions from coal combustion. But the Cornell study uses different assumptions for drilling, fugitive gas emissions and power plant combustion efficiencies. It's also based on a 20-year global warming potential for greenhouse gas emissions instead of the CMU study's 100-year time frame. Ms. Jaramillo said the shorter time frame of the Cornell study gives more weight to methane emissions, reducing the environmental advantage of gas as a fuel. Carbon dioxide emissions can stay in the atmosphere 10 times as long as methane, but methane can have more of an effect in the short term. The CMU study's wide range of emissions reductions from Marcellus -- between 20 and 50 percent -- was necessary, Ms. Jaramillo said, because of the uncertainty of how much gas each Marcellus well will produce during its lifetime. If per-well gas production is lower, that means higher amounts of emissions per unit of gas produced. Methane emissions from Marcellus well development could be significantly reduced, the study said, if drilling companies captured the gas from completed wells instead of flaring or venting it. And flaring is better than venting, because it reduces the amount of methane released directly into the atmosphere, Ms. Jaramillo said. The natural gas drilling industry touted the CMU study, claiming it refuted the Cornell study findings. Lou D'Amico, president and executive director of the Pennsylvania independent Oil and Gas Association, said in an email that the CMU study "documents the significant environmental advantage of Marcellus Shale gas over coal," adding that the Cornell study was "rife with inaccuracies." But Deborah Nardone, Natural Gas Reform Campaign director for the Sierra Club, which provided partial funding for the CMU study, said the key points of the two studies compliment one another. "The CMU study says we need to control fugitive emissions and that methane from natural gas production is a potent greenhouse gas that needs to be controlled," Ms. Nardone said. "Natural gas is not the panacea the industry claims it is. It has a role as we transition into renewable energy sources, but it still has problems." The Sierra Club's national energy policy goal is to develop and use as little natural gas as possible, and it notes that while natural gas is cleaner than other fossil fuels, it isn't clean. According to the CMU study, development and completion of a typical Marcellus Shale well results in methane emissions the equivalent of 5,500 tons of carbon dioxide. Ms. Jaramillo said the comparisons of the Cornell and CMU findings are distracting from more important questions about water supply and quality, wastewater disposal and pipeline infrastructure construction. "Those discussions are going to be more critical to Marcellus development," she said. "The study found Marcellus gas development is not as bad as coal and is not much different than conventional natural gas. So let's not base development decisions on greenhouse gas emissions." Don Hopey: dhopey(a)post-gazette.com or 412-263-1983. First published on August 20, 2011 at 12:00 am

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Re: [EC] CRS analysis of EPA regs on coal powerplants
by Paul Wilson 21 Aug '11

21 Aug '11

Greetings: there is an article on the Washington Post website about the Congressional Research Service's analysis on new EPA regs on coal-fired powerplants, of which some Congressional representatives are voicing some unhappiness(!). I have also attached the CRS report. http://www.washingtonpost.com/blogs/ezra-klein/post/getting-ready-for-a-wav… best regards, paul -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fwd: 401 State Certification for Coresco LLC coal ash landfill
by James Kotcon 20 Aug '11

20 Aug '11

By way of background, Coresco currently operates a coal ash dump on a mine next to the Longview power plant. They had proposed a significant expansion of that landfill in 2009, which they call "Disposal Area # 4". This 401 certification appears to be for that expansion (see attached May 12, 2011 comments on the 401 certification). But that permit appears to be stalled, so Coresco is also asking for a 1-year extension under their existing mining permit for Area #3 (see attached comments on Renewal of Permit # O101593, June 22, 2011). I received a nearly verbatim copy of a similar letter from DEP as the attached letter to John and Petra Wood (see pdf). DEP issued the 401 certification for the Coresco ash dump permit on August 10. Would this require a mining permit appeal, to the Surface Mine Board, or a water permit appeal to EQB, or do we wait for the 404 permit from the Army Corps? The critical paragraph from WV-DEP says: "Coresco, LLC provided a no practical alternative demonstration and compensatory mitigation plan that were reviewed and accepted by DEP personnel. Pending NPDES modification number 26 on NPDES WV1992619 will address compliance with any potential pollutants associated with the proposed activity. Groundwater monitoring sites are proposed in Coresco's pending article 3 application (O200709) to ensure compliance with groundwater monitoring requirements. Rates of coal ash application will be reviewed within the pending article 3 application." I think what they are saying is that they have decided to approve this 401 certification for Area #4 and won't really consider our issues until they get around to approving the Area # 4 permit (referred to as the Modification # 26 permit). Our comments on the application for Mod # 26 were submitted almost two years ago, and there does not seem to be any timetable for issuing that permit. In the mean time, Coresco continues to dump ash under their existing permit, and the DEP is looking the other way. This is particularly critical timing because the permit for the existing Area # 3 expires soon, and if that extension is delayed, it might affect operations of several nearby coal-fired power plants as they may not have a place to dump ash. We have until Sept. 1 to appeal. What should we do? Jim Kotcon 304-293-8822 (office) 304-594-3322 (home) >>> "Petra&John Wood" <pbjmwood(a)gmail.com> 8/18/2011 11:07 PM >>> We just got the attached 15 day notice today. I assume you got the same thing, Jim. The letter implies that Coresco's Coal Refuse Area #4 SMCRA permit (O200709) will be issued very soon. This is probably a stretch, but I wondered if the federal court consent decree requiring DEP to treat water at AML sites ( http://wvgazette.com/static/coal%20tattoo/specialrecsettlementsoutherndistr…) might have any influence on either the 401 certification or the SMCRA permit? Of the AML sites listed at the end of the decree, I believe that site 34-81 (S003481) is closely associated with the Maidsville Complex (see http://apps.dep.wv.gov/WebApp/_dep/search/Permits/OMR/Permit_details.cfm?pe…). If the 401 permit gives Coresco a green light to cover this AML site with coal ash, would DEP still be responsible for treating the AMD coming from S003481? We have a similar situation next to us at the New Hill West permit (S200909) with AML site S101189. The S200909 permit, which was issued last September but has been on hold thanks to the WV1017535 NPDES Mod #9 appeal, would allow Patriot Mining Company to cover the S101189 AML site with additional overburden and fly ash (via expansion of a sidehill fill). Any chance that the federal court consent decree could overrule the S200909 mining sequence plan? John On Fri, Jun 10, 2011 at 10:52 AM, Petra&John Wood <pbjmwood(a)gmail.com>wrote: > Hopefully these documents may help answer your question: "Does the General > Permit have any provisions stating that it cannot be used where the stream > is already overloaded with pollution?" > > > http://www.dep.wv.gov/WWE/Programs/nonptsource/streamdisturbance/Documents/… > > > > http://www.dep.wv.gov/dmr/dmr%20forms/Documents/MR4C-Incidental%20Coal%20Re… (The > application form: Page 13 refers to water quality and the "Probable > Hydrologic Consequences" of the operation) > > There's also this, but it specifically says it's for "Non Coal Related > Facilities". > > > http://www.lrp.usace.army.mil/or/or-f/Individual%20Water%20Quality%20State%… > > > FYI, I've sent you these files before... > > Pages 8-20 of Permit Application (0003).pdf includes the Coresco's > Probable Hydrologic Consequences statement from the O-1015-93 permit > application. > > Attachment J-6.doc is Coresco's Probable Hydrologic Consequences > statement from the O-2007-09 permit application. > > > On Fri, Jun 10, 2011 at 9:31 AM, James Kotcon <jkotcon(a)wvu.edu> wrote: > > >> This appears to be the same one that I got with a comment deadline last >> month (May 14). Attached are the comments I submitted then, along with the >> location map. >> >> I have a copy of the application as of that date. If it has been modified >> since then, let me know and I can prepare follow-up comments accordingly. >> If it was not modified, could someone explain why they are re-advertising >> this? >> >> JBK >> >> P.S. When I called in response to the last legal ad, DEP staff in >> Phillipi were unaware of the ad and implied that there had been no new >> activity for some time. But I eventually got a copy of the application and >> the ad was included. >> >> >>> "Evan Hansen" <ehansen(a)downstreamstrategies.com> 6/9/2011 2:16 PM >>> >> >> Is this the same site? >> >> Evan Hansen, President >> Downstream Strategies >> 219 Wall Street >> Morgantown, WV 26505 >> 304.292.2450 >> www.downstreamstrategies.com >> >> >> -----Original Message----- >> From: dep.online(a)wv.gov [mailto:dep.online@wv.gov] >> Sent: Thursday, June 09, 2011 1:38 PM >> To: ehansen(a)downstreamstrategies.com >> Subject: DEP Public Notice - County - Monongalia - 401 State Certification >> - Coresco LLC >> >> >> >> >> >> >> >> The following was sent to you because you are a >> Member of the DEP Public Notice mailing list. >> =========================================================== >> Thursday, June 9, 2011 @ 1:38 PM >> =========================================================== >> >> 401 STATE CERTIFICATION ADVERTISEMENT >> (EACH BLANK MUST BE FILLED IN ACCORDANCE WITH THE 401 APPLICATION >> INSTRUCTIONS) >> ADVERTISEMENT >> Notice is hereby given that CORESCO LLC 308 DENTS RUN RD, MORGANTOWN, WV >> 26501 >> has submitted an application for State Certification as required by >> Section 401 >> of the Clean Water Act to the Department of Environmental Protection, 105 >> S >> Railroad St, Philippi WV 26416-1150. The activity is authorized by the >> U.S. >> Army Corps of Engineers General Permit No: 2008-2386 which covers SURFACE >> COAL >> MINING OPERATIONS Discharges of dredged or fill material into waters of >> the >> United States. Discharges of dredged or fill material into waters of the >> United >> States impact acres of palustrine wetlands of the Crafts Run Watershed and >> is >> located 2 miles northwest of Maidsville, in Cass of District of Monongalia >> County, Longitude 79 o 58 ' 07 " and Latitude 39 o 42 ' 25 " (Coordinates >> from >> USGS Topographic Map). >> Pursuant to Section 401 of the Federal Clean Water Act, the State may, >> either >> certify, certify with conditions, deny or waive certification that the >> proposed >> activity will comply with Sections 301, 302, 303, 306 and 307 of the >> Federal >> Clean Water Act and other appropriate requirements of State Law. When >> issuing >> certification, the \/INDEP may considered the proposed activity's impact >> on >> water resources, fish and wildlife, recreation, critical habitats, >> wetlands and >> other natural resources under its jurisdiction . >> Legislative rules governing the scope of the Department's certification, >> public >> comment, hearing and appeals are in Title 47, Series 5A. Comments on the >> proposed certification or requests for a public hearing shall be in >> writing and >> if a public hearing is requested shall state the nature of the issues >> proposed >> to be raised in the hearing. Such written comments or requests should be >> sent >> to the Department of Environmental Protection (DEP) at the address above, >> and >> must also reference the Article 111 \/INNPDES permit number shown above. >> Comments received by or thirty (30) days from date of publication, will >> be >> considered. >> DEP Telephone No. 304-457-3219 Article 111NPDES Permit No. WV1002619 >> LOCATION MAP >> Each ad must include a clear and accurate location map of a scale and >> detail >> found in the West Virginia General Highway Map. The map size must be at a >> minimum four (4) inches by four (4) inches with thefollowing shown on the >> map: >> 1. Clearly define the approximate limits of the proposed permit area. >> 2. Longitude and latitude lines must cross at or near the center of the >> proposed permit area. >> 3. A north arrow must be shown. >> 4. A map to scale. >> 5. District{s). >> 6. County(ies). >> https://apps. >> >> >> >> =========================================================== >> To view past notices of open public comment periods or to unsubscribe >> from this Mailing List, login at: >> http://apps.dep.wv.gov//MLists2/ >> >> >> >> >> > >

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WVDEP report
by Jim Sconyers 15 Aug '11

15 Aug '11

I assume that Randy Huffman's report released today is designed to do one or both of the following: 1- Boost Tomblin's campaign (not that he needs it). 2- Weaken arguments for needed regulation. And of course to hear him say we have all the framework we need to protect the environment - laugh till you cry. -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Channel 3 TV poll about MTR
by Frank Young 14 Aug '11

14 Aug '11

Please vote. We need a boost. Thanks. Frank Young ----- Original Message ----- From: Nanette Nelson To: fom Sent: Sunday, August 14, 2011 10:47 AM Subject: [fom] http://www.wsaz.com/pollsPoll WSAZ is running a poll about MTR. Please go and vote! http://www.wsaz.com/polls

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Fwd: Our Economy may be Vulnerable to Coal and Oil Trends
by Paul Wilson 12 Aug '11

12 Aug '11

fyi, paul ---------- Forwarded message ---------- From: <frankzas(a)aol.com> Date: Fri, Jul 8, 2011 at 12:25 PM Subject: Our Economy may be Vulnerable to Coal and Oil Trends To: pjgrunt(a)gmail.com Hi Paul, Some new facts on coal. I'm a Sierra Club volunteer in Michigan. frank If these trends continue, the *economy of many states and the entire US may be at risk because of our over-reliance on coal to generate electricity*. The following are details I researched. Feel free to use them. *Disturbing Coal Facts and Trends, June 2011* *1. The Delivered Price of Coal Increased Three Times Faster Than Inflation in Past 5 Years * * * *2. Cost of Transporting PRB Coal is Three Times Greater than Its Mining Costs * * * *3. Oil Has Twice the Impact of Mining on the Cost of Delivered PRB Coal * * * *4. States Dependent on Coal Had the Highest Electricity Price Increases in Past 5 Years* * * *5.* *US** Coal Mining Productivity Peaked in 2000 and Declined 20% Since* * * *6. Other Cost Pressures on Coal * * * *1. The Delivered Price of Coal Increased Three Times Faster Than Inflation in Past 5 Years * · A common measure of the price of coal delivered to US utilities in dollars per million Btu (MMBtu) to account for the different coal Btu values. · Over the past *5 years*, the average delivered price of coal to US utilities increased 54% from $1.53 in 2005 to $2.35 in March 2011. US inflation increased just 15% during the same period. http://www.eia.gov/cneaf/electricity/epm/epm_sum.html Table 4.2 http://www.usinflationcalculator.com/ · In the past *10 years*, the delivered price of coal increased 96% from $1.20 in 2000 to $2.35 in March 2011. The US inflation increased was 30% during this time · The March year-to-date 2011 price of delivered coal rose 3% from the same period last year in MMBtu ($2.35 from $2.27) and in dollars per ton ($46.51 from $45.09). http://www.eia.gov/cneaf/electricity/epm/epm_sum.html#one Table 4.2 · Some Midwestern states had much higher increases 1st Q 2011 vs. 1 st Q 2010: Michigan +18%, Indiana +14%, Wisconsin +20%. http://www.eia.gov/cneaf/electricity/epm/epm_sum.html#one Table 4.10 A and B (It is assumed all cost increases will be passed on to electric ratepayers.) *2. Cost of Transporting PRB Coal is Three Times Greater than Its Mining Costs * · The price of Powder River Basin (PRB) coal from Wyoming has fluctuated from roughly $7 a ton to $20 a ton in the past 10 years. · In June 2011, the mine mouth price of PRB coal price was stable at $12.40 - $13.00/ton. · The rail rate for shipping PRB coal in 2010 is estimated to be 2.1 cents per ton per mile. http://www.jacksonkelly.com/jk/pdf/USCoalMarketsHeller.pdf Slide 26 · Assuming PRB coal is shipped (rail and boat) 1,600 miles to Midwestern utilities; the cost of transportation alone is $36 (a 2011 estimate). · Add the $12 PRB price to $36 transportation charges results in a delivered price of approximately $48.00 per ton. $36 divided by $48 = *75%*. · The cost of PRB coal mine mouth is only 25% of the price of * delivered* coal. This estimated transportation charge could be well underestimated. It does not reflect new 2011 contacts, recent diesel price increases and Burlington Northern’s attempt to recoup Warren Buffett’s overpayment for the purchase of all BN stock in 2010. Only two rail lines ship PRB coal out of Wyoming, Burlington Northern and Union Pacific. They share the “Joint Line” which runs parallel to the Powder River Basin (almost a monopoly?). This is the busiest 100 miles of track in the world, carrying 130 trains per day. *3. Oil Has Twice the Impact of Mining on the Cost of Delivered PRB Coal * · It is estimated that the price of diesel fuel accounts for half of the price of coal transportation · The estimated $18 cost of oil (half of the $36 transportation charge per ton) is 50% greater than the cost of PRB coal cost of $12 per ton. · Plus, oil can be 17%+ of the cost of coal mining. http://biz.yahoo.com/e/110225/cld10-k.html · The EIA conservatively forecasts the price of oil will increase roughly 3% a year faster than inflation (Inflation +2% a year, oil an additional +3%, equals +5% a year increase in the price of oil). Essentially, the price of delivered coal may increase at a rate much faster that of inflation http://www.eia.gov/oiaf/aeo/tablebrowser/#release=AEO2011&subject=0-AEO2011… http://www.eia.gov/forecasts/aeo/source_oil.cfm *4. States Dependent on Coal Had the Highest Electricity Price Increases in Past 5 Years* · The retail price of electricity in the US increased 22% over the past five years ( from 8.1¢ in 2005 to 9.9¢ in 2010) · However, two regions very dependent on coal (and located further from PRB), saw their electric bills increase the most since 2005. East South Central (TN KY MS AL) saw their rates increase 34% (from 6.14¢ to 8.21¢) and East North Central (MI OH IN IL WI) had a 32% increase (from 6.87¢ to 9.09¢) · Regions less dependent on coal experienced smaller than average electric price increases. For example, Pacific coast +17% and West South Central (TX AR LA OK) +3%. http://www.eia.gov/emeu/steo/pub/cf_query/index.cfm http://www.eei.org/ourissues/ElectricityGeneration/FuelDiversity/Documents/… *5.* *US** Coal Mining Productivity Peaked in 2000 and Declined 20% Since* · According to the Energy Information Administration (EIA), improved mining technology and the shift toward more surface-mined coal promoted dramatic improvement in productivity from the Nation's mines from 1978 through 2000 when an average 7.0 tons of coal was produced per employee per hour. · Since 2000, productivity has declined in most years to an average of 5.6 tons per person in 2009. http://www.eia.gov/totalenergy/data/annual/pdf/perspectives_2009.pdf Figure 40. · This 20% productivity decline happened in spite of improved technology, cost cutting efforts and more strip mining. · The biggest productivity decline, a 5.9% drop, occurred from 2008 to 2009 (the last year reported) · 2009 coal mining productivity dropped in all parts of the US especially for Western coal which dropped 9%. Of note: PRB surface mining productivity declined 7.5%, and Montana surface mining dropped 10.4%. http://www.eia.gov/cneaf/coal/page/acr/table21.html · Most of the PRB coal mining productivity decline probably can be attributed to increasing overburden (the amount of dirt and rock above the coal seam). It appears the typical PRB overburden is about 200 feet thick and doubling to about 400 feet thick in 8 years – a productivity killer. http://www.blm.gov/pgdata/content/wy/en/info/NEPA/documents/cfo.html *6. Other Cost Pressures on Coal * In addition to declining productivity and escalating delivery costs, there are other reasons the price of coal could continue to rise at a fast past: · US coal exports are increasing and putting upward pressure on coal prices. Exports of steam and metallurgical coal increased 38% in 2010. The largest export increase was to Asia (+176%) and particularly China (+400%) http://www.eia.gov/cneaf/coal/quarterly/html/t7p01p1.pdf · China and India are buying US coal mines and a new *coal-export port facility on the US West Coast*** · As Appalachian coal fields are depleted, Eastern and Midwestern utilities are increasing their purchase of PRB coal. The increased demand will put upward pressure on the price of PRB coal and will also further increase rail congestion and costs for coal shipments. · The total cost of coal generation must include the damage caused by coal mining, burning and ash. These externalities include damaged health, premature death, lost productivity and damage to our environment. A Harvard study estimated these costs are an additional 17.84¢/kWh. http://onlinelibrary.wiley.com/doi/10.1111/j.1749-6632.2010.05890.x/full · There is pressure to fund coal to liquid programs. Recently proposed GOP legislation includes a requirement that the Defense Department construct and operate a coal-to-liquids plant. http://thehill.com/blogs/e2-wire/677-e2-wire/164609-navy-on-coal-to-liquids… · Utilities planning to burn *petroleum coke* need to consider that the price of delivered petroleum coke has increased 38% from 2009 to 2010 and increased 56% in the first quarter 2011 compared with the same period last year. At $3.09 per MMBtu, pet coke is even less of a value than March 2011 coal at $2.35 per MMBtu. http://www.eia.gov/cneaf/electricity/epm/epm_sum.html Table 4.12.B Helping to somewhat reduce demand for coal and cost pressures are: · Some utilities may close coal plants to avoid increasing SO2, NOx, mercury and other pollutant compliance costs · Environmentally progressive companies like Johnson Controls, Haworth, Steel Case and Wal-Mart have set high goals to reduce their carbon footprint. This will require their electric suppliers to produce less electricity using fossil fuels and more from renewable sources. If these trends continue, the economies of many states (and the US) will be at a disadvantage because of our over-reliance on coal to generate electricity. This argues for more energy efficiency, renewable energy and natural gas generation to diversify their fuel supplies. We have too many eggs in one basket. Frank A. Zaski 30310 Cheviot Hills Dr. Franklin, Mi. 48025 248 855 5018 frankzas(a)aol.com Concerned citizen, former member of the 21st Century Energy Plan Energy Efficiency Work Group, Michigan Climate Action Committee RCI TWG and the Midwest Governor's Association Renewable Energy Advisory Group. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Fwd: EPA article
by Jim Sconyers 11 Aug '11

11 Aug '11

So it's not the fracking, it's the drilling and casing and cementing - which are what's done so the fracking can happen. All part of the same process. ---------- Forwarded message ---------- From: Amanda Pitzer <amanda(a)cheat.org> Date: Thu, Aug 11, 2011 at 9:58 AM Subject: EPA article To: Deb Fulton <dfvet(a)aol.com>, Duane Nichols <Duane330(a)aol.com>, "Donald C. Strimbeck" <dcsoinks(a)comcast.net>, Constance Miller <calm9654(a)gmail.com>, Jim Sconyers <jimscon(a)gmail.com> ** Inside EPA - 08/12/2011 DOE Panel Doubts Fracking's Groundwater Risks, Deflating EPA Rule Push Posted: August 10, 2011 An Energy Department (DOE) advisory panel is slated to release recommendations for mitigating environmental and safety risks associated with hydraulic fracturing in a report expected to raise doubts that the practice's injection process poses significant risks to groundwater, deflating calls for EPA regulation under the drinking water law. But the panel's report is expected to recommend expanded disclosure practices for both chemical constituents of fracking fluid and drilling wastewater as well as pre- and post-drilling monitoring of groundwater at well sites, according to sources familiar with the recommendations. The report is also expected to recommend formation of a federal interagency effort to better analyze the greenhouse gas life cycle of shale gas operations in comparison to coal and other fuels. That approach that could address uncertainty of shale gas' carbon footprint in the wake of a recent study that suggested that methane releases from fracking operations may create a larger carbon footprint than coal. The recommendations are contained in a draft report from the Secretary of Energy Advisory Board (SEAB) panel, which is slated Aug. 11 to release the report detailing immediate measures for mitigating safety and environmental risks associated with hydraulic fracturing. The full SEAB is expected to review the panel's draft report on Aug. 15. A second report is due out in three months on best practices for mitigating risks. While the panel's report is expected to detail potential risks to groundwater from drilling, casing and cementing the wells, one source familiar with the report says that a "key takeaway" from the recommendations is that the panel found that groundwater contamination risks associated with fracking are "remote." "Contrary to the conventional wisdom, it's the drilling, and the cementing and the encasing process" that follows the fracking itself which poses the groundwater risk, the source says. "We think the target is mis-aimed." The panel's finding is likely to inflame environmentalists seeking strict EPA regulation of the injection practice under the Safe Drinking Water Act (SDWA). A coalition of groups sent an Aug. 8 letter to President Obama urging him to use "any legal means" to block fracking operations. And the Environmental Working Group Aug. 3 released a report detailing one case, documented in a 1987 EPA report to Congress, that showed groundwater contamination from fracking injection (*Inside EPA*, Aug. 5). The panel's conclusions on risks from the fracking process could be significant for EPA as well as the agency is in the midst of a massive two-year study into the drinking water risks posed by fracking operations and is also working to craft a host of policies to address, and in some cases, to permit fracking operations. Fracking refers to the process of injecting water, sand and chemicals into horizontal wells to free trapped reserves of natural gas and oil found in deep underground shale formations. Increased use of the practice has brought huge new supplies of natural gas to power-generation markets as a cleaner-burning alternative to coal. The injection process itself, which industry argues has been practiced safely for more than 60 years, has become a flashpoint in the debate over shale gas regulation, in large part because Congress largely exempted the practice from EPA's SDWA regulation. But environmentalists are seeking to restore EPA's authority, arguing that the technological advances that have allowed the tapping of previously unattainable supplies also require unprecedented quantities of harmful injection fluid and the horizontal drilling techniques endanger groundwater. Environmentalists and many Democrats have increasingly called for Congress to restore EPA's regulatory authority by removing language contained in the 2005 energy law which prohibits EPA from regulating fracking injections under SDWA's underground injection control program. Earlier this year, Sen. Bob Casey (D-PA) introduced legislation that would remove the exemption and allow EPA to regulate it. But the legislation is unlikely to move and EPA is developing a host of water, waste and other policies under existing authorities to address the issue. *The sources familiar with the DOE advisory report say that while it does not specifically* address regulations that DOE, EPA and other agencies should adopt, the first source notes that a number of the suggestions are clearly "relevant" to regulators. A second source familiar with the recommendations say they should help to get "past rhetoric and on to problem solving." For instance, the report is expected to suggest a broader mandate that companies publicly disclose all chemicals used in hydraulic fracturing fluid, which goes beyond requirements for FracFocus, the voluntary online registry launched by the Ground Water Protection Council and Interstate Oil & Gas Conservation Commission. Environmentalists have criticized FracFocus for only requiring disclosure of chemicals that are mandated under Occupational Safety & Health Administration workplace safety laws. The second source says the report includes a much "broader call for disclosure" and it goes "well beyond" FracFocus. The panel is also recommending that broad measures be taken to ensure better information is disclosed to the public in core areas of natural gas operations, including the volume and chemical content of wastewater generated during the well injection, which can contain high levels of naturally occurring radioactive materials as well as chemical additives used in fracking. The issue of wastewater contamination from fracking has emerged as a particularly hot topic in Pennsylvania, where EPA and the Pennsylvania Department of Environmental Protection have struggled to stop the practice of municipal wastewater authorities treating shale gas wastewater. The first source says the recommendations will include measures aimed at better tracking what happens to wastewater after it is generated from the well site, so that regulators can determine whether it is being delivered to waste treatment facilities ill-equipped to treat it. The recommendations on tracking measures, similar to hazardous waste manifests under Resource Conservation & Recovery Act, likely stem from concerns that some Pennsylvania drillers are continuing to ship wastewater to publicly owned treatment works or to neighboring states that have limited ability to dispose of it. The draft report also carves out a greater role for the State Review of Oil and Natural Gas Environmental Regulations (STRONGER), a multi-stakeholder group created by EPA to ensure that states are doing an adequate job of regulating oil and natural gas regulations following the agency's 1988 RCRA hazardous waste exemption for the industry sector, the source says. "STRONGER should be bigger," to encompass a broader look at different aspects of environmental regulations, including the extraction process and air emissions, and is currently underfunded, the first source says. The source says the draft report deals with four main issues: collection and dissemination of information, steps operators and regulators can take to minimize impacts on water, air and land use, establishment of a broad-based but industry led group to facilitate best practices and research and development. *Meanwhile, a host of environmental groups have asked President Obama *to issue a moratorium on the fracking process "through any legal means," saying in an Aug. 8 letter that "Despite its obvious hazards, regulation necessary to ensure that fracking does not endanger our nation's water supply has not kept pace with its rapid and increasing use by the oil industry." The letter, signed by a slew of environmentalist and public health organizations including Citizens' Environmental Coalition, Center for Biological Diversity, Food & Water Watch and Delaware River Keeper, points to "more than 1,000" instances of groundwater contamination associated with leaking of fracking fluids and methane into groundwater, refuting industry and EPA statements that a proven link between fracking and groundwater contamination has never been substantiated. Prior to release of the report, a group of environmental health and science researchers from various universities reiterated calls for panel chair John Deutch to step down from the subcommittee, saying in an Aug. 10 letter to Energy Secretary Steven Chu that six of the seven panel members have financial ties to the natural gas and oil industry. "The committee appears to be performing advocacy-based science and seems to have already concluded that hydraulic fracturing is safe," says the letter. -- *Bobby McMahon & Bridget DiCosmo* -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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Fwd: Fw: *Partner Up with 350 and Moving Planet*
by Jim Sconyers 11 Aug '11

11 Aug '11

Great opportunity to do something important and fun - any ideas? ---------- Forwarded message ---------- From: Sally Wilts <sallywilts(a)yahoo.com> Date: Wed, Aug 10, 2011 at 8:37 AM Subject: Fw: *Partner Up with 350 and Moving Planet* To: Jim Sconyers <jimscon(a)gmail.com> Did you get this? ----- Forwarded Message ----- *From:* John Wallis <johnwallis(a)350.org> *To:* shahla.werner(a)sierraclub.org *Sent:* Tuesday, August 9, 2011 1:50 PM *Subject:* *Partner Up with 350 and Moving Planet* Dear Sierra Club, I’m writing to invite your organization to partner with 350.org's next global mobilization on September 24, 2011 called Moving Planet: A day to move beyond fossil fuels. <http://moving-planet.org/> Moving Planet is a worldwide rally on September 24, 2011 to call for solutions to the climate crisis—a single day to move away from fossil fuels. In cities and towns across the world, people will take to the streets on bicycles, skateboards, foot, and more, coming together as a global community dedicated to moving our planet in a new direction. This will be the cumulative effort of hundreds of organizations and thousands of volunteer organizers across the planet, but spearheading the effort is international climate campaign, 350.org(backed by a network of over 500,000 supporters and over 1,000 partner organizations around the world). 350.org has a successful track record of spearheading massive global days action (CNN called our International Day of Climate Action in 2009 “the most widespread day of political action in the planet’s history”), and we have plenty of support and materials to offer to you in exchange for your participation. Big, exciting, and beautiful global days of action are a great way to get the attention of the public, media, and decision makers. Imagine hundreds of thousands of people out on their bicycles in the U.S. and abroad on a single day—we want your organization to be part of that story, not only because it brings people from different campaigns together for a common purpose, but because this opportunity will highlight the work that you're doing through a national and international lens. I have attached a Moving Planet partnerships document that outlines the different ways that your organization can get involved in Moving Planet, from helping with outreach (for example, an e-mail to your supporters or a shout-out on Twitter / Facebook) to sponsoring, hosting or participating in an event in a location of your choice. Please contact me at your earliest convenience so that I can connect you with our U.S. Campaigns Coordinator. She's available to discuss a potential partnership between your organization and Moving Planet on September 24. Kind Regards, John Wallis -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

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