What Can NEPA Zoning Officials Really Do?

Today, the Citizen's Voice is running an article on the Luzerne County Zoning Board and its actions in regard to Encana Oil & Gas. The title reads 'local officials retain some power over drilling." 

"We - local land use authorities - can regulate the 'where;' we cannot regulate the 'how.' That power, to regulate the 'how' of natural gas drilling, rests entirely with the Commonwealth of Pennsylvania," Luzerne County Zoning Hearing Board Chairman Larry Newman said after last week's hearing on granting Encana Oil & Gas USA Inc. conditional use to drill 10 natural gas wells in Lake and Fairmount townships.

Municipal and county planning and zoning authorities do have some say in the matter of natural gas drilling in their communities, state officials say.  "They're not completely pre-empted by any means under state law," Department of Environmental Protection Secretary John Hanger said. "They do have a role."

Having just attended the Encana slam-dunk, my impression of the zoning board was that they were intelligent, polite and at least somewhat concerned about the threats Fracking pose. When they said they were powerless, I believed them.  Then I did my homework.

Numerous zoning boards have said no to fracking and some have taken the battle as far as the supreme court.  They are not all successful.  They do demonstrate, however, a commitment to the public trust - something our board seems to lack.  

Luzerne County Zoning Board Approves 5 New Frack Wells

Everybody knew, going in, that Encana would triumph but we showed up anyway.

It was an overflow crowd mostly because the hearing was held in a relatively small room.  At least half of the people present were put outside the door in rows of metal folding chairs.  We couldn't hear anything.  And even after sunshine law concerns (by the board solicitor's own admission) prompted officials to usher us in, it bothered me that arrangements had been made to keep us out.

Encana had a slide show.  The presentation was made by a chirpy girl in too cute little sun dress.   She showed us photos of model well pads surrounded by wide expanses of flawless emerald green grass and bulleted lists of agencies who had rubber stamped the drilling so far.  The information provided was designed to make the wells appear safe and attractive.

A few members of the public were prepared.  They had read the zoning laws and had come up very valid objections.  Others talked about safety even though it was not on the table.

The county zoning board, told us that they had no real power in regard to gas and oil extraction.  They can deal with issues such as dust, odor, and noise, they maintained, but just about everything else is somebody else's responsibility.  I won't say that our officials don't care because I'm pretty sure that a few of them do.  But how deep does their commitment to the public trust run?

The county, state, and municipal response to every move the gas companies make is the same.  They can't stop it, they tell us - their power is restricted to little more than an increment.  But each increment takes us closer to looming disaster.  Each person who moves fracking forward acts against the people of Pennsylvania and the state as a whole.

Toxic Fracking Water & Wyoming Valley Sanitary Authority?

A recent Citizen's Voice reported a WVSA and Encana proposal for a new local toxic water treatment facility.  Quote follows.

The plant the Wyoming Valley Sanitary Authority is considering would treat and dilute the used fracking water, then sell it back to the gas companies to re-use.

Authority officials believe there is a need for such a facility in the region, Minora said. Asked if the authority could make money from it, he replied, "Certainly - that's why we're doing it. If there isn't, why do it?"

I can answer that:  Because it is beneficial to the people of North East PA and the state of Pennsylvania  as a whole.  But before the WVSA can decide if it's beneficial for our region, they have to remember we're here.  Here are some of the questions officials concerned about something other than money might ask:

What kind of accidents occur at similar toxic waste treatment facilities?  How often do they occur and how far-reaching are the possible aftereffects?  How much water is reused?  Does the transport of toxic waste to the facility endanger an even larger population than current practices?  Numbers, if anyone has bothered to collect them, would be fantastic.

Remember this is not about safety or conservation.  It is about cash.  Fracking is a dangerous, ecologically disastrous operation that puts us all at risk.  Toxic, carcinogenic chemicals will leech into our ground water even in the absence of accidents and accidents themselves abound.  Now we are processing the stuff locally.  What are the risks?

Environmental groups are concerned about the huge amounts of water taken from our fresh water supply.  Encana knows this.  My gut feeling is that this is just another PR move.  One Encana hopes will shut people up.  And having some more local officials on board never hurts.  Especially in Luzerne county.

Luzerne Co: First Frack Gas Well Grand Opening

Quote and photo from today's CV.  Little commentary is needed: 

"Drilling is a 24-hour-a-day, seven-day-a-week operation, and Wiedenbeck said Encana's estimate is it will take about 30 days to finish.  People essential to the operation - the "company men," officially known as the rig supervisor and the tool pusher - will stay on the site around-the-clock in personnel trailers. The rest of the crew will stay at local hotels, Wiedenbeck said. They will work in shifts: 12 hours on, 12 off, she said.

The first step in drilling is to set the casings. These are steel pipes about 30 feet to 40 feet long with cement poured around them. The rig drove the pipes into the ground, one after another.  After the well is drilled 800 feet deep, it will be cased, and drilling will continue to 2,500 feet and another layer of cement will be added, Wiedenbeck said.  "It's like a casing within a casing," Bender said.

The casing will go about 50 feet deeper than the aquifer, or water table, and is intended to keep water from getting into the well or well contents from getting into the groundwater."

The safe operation of this well is dependent on technology from our friends at Haluburtin.   Look it up.

NEPA is NOT Texas

Response to comments on Corbett's blog:

There will be a lot more debt if Huntsville Dam is contaminated.  Residents of Dimock can't give their land away and this is a direct quote from a Susquehanna land owner about her property (testimony at a recent almost unpublicized PUC meeting). Another resident speaking at that hearing compared his region to a old west ghost town.  It can happen in Kingston or Pittson as well.

The aquifers that transport our water cross state lines.  Don't be fooled.  Wells sunk 5 miles away or 50 will effect us in the event of an explosion and ultimately even without one!  It is all the same water. There are many more Frack Gas well accidents than made public and millions of gallons of contaminated Frack water leeches into our drinking water even when corporations do business as usual.  These chemicals are carcinogenic and just plain poison.  Long-term health problems and birth defects result. Our lives are their cost of doing business.  Law suits even when successful will put a small dent in their profits - and don't think you will win against corporate attorney's.

If you don't have the time or inclination to do your homework before forming an opinion, please seek out someone who has.  A lot of good info in the public interest is given out on WILK and there is a wealth of info available at local GDAC meetings in Dallas.

Public meeting times will be posted in the Citizen's voice in the near future and will hopefully be broadcast here.  Ask yourself, who is motivated and what are they motivated by?  Encana and the other out of state corporations are motivated by money. PA residents who have profited from land leases are motivated by money.  Concerned citizen's are motivated by love for our state!  I live in Kingston and I am concerned for my family.

Maybe TX is better off because it is the Frack Gas Corporations base of operations (and home to most of stockholders) but there are towns without water there as well.  These guys will pull up stakes and leave once they get what they want and - long or short term - cost to the state of PA will be substantial.

I'll check back and post more info on GDAC.  Their only agenda is the safety of our water supply!  As an aside - in Dimock Cabot employees flew a Texas flag from THEIR gas rig.

PUC Hearing Dimock PA 7/07/10

Last week's Public Utility Commision hearing was held in Dimock, Susquehana County PA.  Last year this small rural community suffered an 8,000 gallon gas drilling spill of toxic frack wastewater. Also in 2009, a Dimock home well exploded after it was contaminated by methane from a fracking operation.  You can see a resident light his tap water on fire in Josh Fox's documentary GASLAND.

The July 7, 2010 PUC hearing was the first of two scheduled state wide to allow for testimony on Laser's attempt to secure utility status for it's intended Frack Gas Pipeline.  Laser is seeking utility status because it wants the power of eminent domain over PA property owners.  There approximately 200 people present with dozens testifying.  All were united in protest of Laser's application for utility status.  I testified even though I was scared beyond belief, forgot my glasses and had to use a visual aid.  I believe firmly however that all opposition must be voiced.  Gist of my testimony follows.

In June of this year a ruptured Frack Gas line in Johnson County Texas caused a mammoth explosion.  Pipelines such as the Johnson County and Laser lines transport highly volitile natural gas at pressures which exceed 1000 psi (lbs per square inch).  Pipelines may be as large as 3 feet in diameter allowing for large amounts of highly compressed gas to be transported at great speed.  Potential explosions are powerful and will be fed a fresh supply of compressed natural gas both quickly and continuously.

Public Utility Status and the power of eminent domain would allow Laser to seize property and / or property rights from any PA property owner without the owners consent.  Gas pipe lines could be run anywhere Laser saw fit.   The Johnson county explosion is pictured below.  No one should be compelled to have this on their property.

Frack Gas Pipeline explosion June 2010.

Johnson County Texas