EPA

Mon, 2014-03-10 15:58Farron Cousins
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Environmental Review Thrown Out By House Legislation

The U.S. House of Representatives is serious about job creation.  So serious, in fact, that they are willing to sacrifice a healthy environment just so corporations have the “potential” to create new jobs without having to worry about all of that burdensome red tape that so often comes with environmental safety standards.

In a move last week, the House passed the Responsibly and Professionally Invigorating Development Act (RAPID Act – HR 2641), which will put hard deadlines on environmental reviews required under the National Environmental Policy Act (NEPA), typically carried out by the Environmental Protection Agency (EPA). 

Republicans in the House claimed that the bill was aimed at preventing the EPA from stalling projects that could create jobs for American citizens.  They said that environmental reviews, which are required by law, can hold projects up for years, and they believe that this is a cost that the economy simply cannot afford.  If signed into law, the bill will limit environmental reviews to a firm 18 months, with only 36 months to complete an environmental impact statement.

The White House indicated that, if the legislation were to reach the President’s desk, he would most certainly veto it.  The Hill quotes the White House as saying; “H.R. 2641 will increase litigation, regulatory delays, and potentially force agencies to approve a project if the review and analysis cannot be completed before the proposed arbitrary deadlines.”

The bill passed the House largely on party lines, with all Republican members and only 12 Democratic members voting in favor.  A provision of the bill will allow projects for which an environmental review could not be completed in time to receive automatic approval.  Democratic Representative Sheila Jackson Lee proposed an amendment to strip this provision of the bill, but it failed to pass.

Another amendment, proposed by Republican Representative David McKinley from West Virginia, specifically prohibits regulatory agencies from considering “social costs of carbon” in their reviews.  This amendment passed and was included in the final bill.

The Republicans are not wrong in claiming that environmental reviews can hold up projects for years, but there are two very good reasons why this happens.

Wed, 2014-02-26 12:26Indra Das
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U.S. EPA Denied Late Participation in Kinder Morgan Hearings, Exposes Shortcomings of New NEB Process

Kinder Morgan trans mountain Pipeline

The Canadian National Energy Board (NEB) rejected a request this month from the U.S. Environmental Protection Agency (EPA) to extend the deadline to apply as a participant in the public hearings on Kinder Morgan's Trans Mountain oil pipeline expansion.

The EPA was unaware of a February 12 deadline to apply as a participant in hearings on the proposed $5.4 million expansion of the Vancouver-to-Edmonton Trans Mountain pipeline, which would increase its capacity from 300,000 barrels per day (bpd) of diluted bitumen to 890,000 bpd.

The pipeline expansion, which is supported by 13 oil companies, will free the flow of landlocked Albertan oil to Asian markets overseas.

The EPA reportedly needed more time to “follow through with agency protocols and procedures” before applying to take part in the hearings, according to a notice filed with the NEB.

Fri, 2014-02-14 12:40Sharon Kelly
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New Study Shows Total North American Methane Leaks Far Worse than EPA Estimates

Just how bad is natural gas for the climate?

A lot worse than previously thought, new research on methane leaks concludes.

Far more natural gas is leaking into the atmosphere nationwide than the Environmental Protection Agency currently estimates, researchers concluded after reviewing more than 200 different studies of natural gas leaks across North America.

The ground-breaking study, published today in the prestigious journal Science, reports that the Environmental Protection Agency has understated how much methane leaks into the atmosphere nationwide by between 25 and 75 percent — meaning that the fuel is far more dangerous for the climate than the Obama administration asserts.

The study, titled “Methane Leakage from North American Natural Gas Systems,” was conducted by a team of 16 researchers from institutions including Stanford University, the Massachusetts Institute of Technology and the Department of Energy’s National Renewable Energy Laboratory, and is making headlines because it finally and definitively shows that natural gas production and development can make natural gas worse than other fossil fuels for the climate.

The research, which was reported in The Washington Post, Bloomberg and The New York Times, was funded by a foundation created by the late George P. Mitchell, the wildcatter who first successfully drilled shale gas, so it would be hard to dismiss it as the work of environmentalists hell-bent on discrediting the oil and gas industry.

Mon, 2014-02-10 11:41Farron Cousins
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Business Coalition Announces Massive Offensive Against Environmental Protections

As the Obama administration begins to take action to rein in the emissions from the dirty energy industry, big business groups all over the country have announced that they aren’t willing to stop polluting without putting up a very serious fight.

The U.S. Chamber of Commerce, the American Gas Association, and 74 other big business groups said that they are banding together to fight the administration’s forthcoming power plant standards that will require carbon capture technologies to be in place at all plants.  According to The Hill, the groups said that they are planning “everything from lobbying to litigation” in order to fight the administration’s efforts.

These business groups say that they have seen “what Obama has done” to the coal industry, and fear that their industries could be targeted next.  They are also fearful that too much emphasis is being put on developing renewable energy, as The Hill points out:

American Gas Association President Dave McCurdy, a former Democratic congressman from Oklahoma, said the coalition would need to protect a single-minded push toward renewable energy production.

As expected, politicians in Washington saw that the industry was pushing back, so they have jumped on the bandwagon. 

Thu, 2014-02-06 08:58Sharon Kelly
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In Pavillion, Wyoming Water Contamination Case, Questions Continue To Swirl About Oil and Gas Industry's Role

A funny thing happened when Idaho Dept. of Lands Oil and Gas Program Manager Robert Johnson stepped to the microphone at a public hearing this past fall. He said something that many have long suspected, but few officials have actually been willing to say bluntly and publicly.

He said that the oil and gas industry was responsible for the contaminated groundwater in Pavillion, Wyoming — referring to a high-profile case where environmentalists have alleged oil and gas drilling and fracking caused a town’s water supplies to go bad.  

Everybody's heard of Pavillion, Wyoming,” Mr. Johnson said. “OK. Pavillion was a leaking above ground pit that was not lined.”

Did the industry cause it?” Mr. Johnson said. “Yes they did.”

Later in his talk, Mr. Johnson also pointed to a faulty cement casing in a natural gas well as another factor in the case, describing EPA data showing pollution was caused “by a bad cement job on an Encana well that was drilled in 1985.”

His statement is noteworthy because, before coming to Idaho, Mr. Johnson was directly involved with the Pavillion investigation. He worked for the groundwater division of the Wyoming State Engineer’s Office, which has taken the lead role in the contamination investigation.

The comments, which were recorded by county officials and distributed by anti-drilling advocates, were also significant because they were so candid and because the state of Wyoming maintains that more study is needed before blame can be assigned. The state is currently investigating the Pavillion incident and expects to publish a report in September of this year.

Asked about the comments, Idaho state officials said that the remarks about wastewater pits were intended “to illustrate that the State of Idaho requires lined pits to avoid surface contamination,” adding that Mr. Johnson, an Idaho official, was not speaking on behalf of the State of Wyoming. Mr. Johnson worked for the oil and gas industry before joining the Wyoming State Engineer’s Office.

Wed, 2014-02-05 05:00Sharon Kelly
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At State and Federal Level, Regulators Continue to Struggle With Fracking Wastewater

The oil and gas industry often complains about the patchwork of rules that exist from state to state and county to county. They say that the rules are so variable that it’s like having to get a new driver’s license every time you drive across a state line. Public safety advocates suggest a simple fix: federal oversight of drilling. Standardize the rules. But the drilling industry recoils at the very notion.

Several recent developments illustrate exactly why. Witness the two diametrically opposed directions federal and state regulators are heading. Officials at the U.S. Environmental Protection Agency, on the one hand, are considering strengthening rules on how oil and gas wastewater is handled by classifying some of it as hazardous waste. Meanwhile, state regulators in Pennsylvania, where the most active Marcellus shale drilling is currently underway, are considering a move to loosen wastewater rules.

Pennsylvania is currently poised to enact rules that would encourage oil and gas companies to use the heavily polluted wastewater from abandoned coal mines, called acid mine drainage, instead of fresh water. While supporters of this rule change say it’s a win-win situation for the environment and for drillers, opponents of the bill say that a key incentive in the bill goes overboard and could wind up creating worse problems down the road.

Fri, 2014-01-31 05:00Sharon Kelly
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Amid Calls for EPA to Reopen Fracking Investigations, States Confirm Contaminated Groundwater

Republican Sen. James Inhofe said it. Colorado Governor John Hickenlooper said it. Even former Environmental Protection Agency chief Lisa Jackson said it.

For over a decade, oil and gas executives and the policy makers who support them have repeated a single bold claim: there has never been a single documented case where fracking contaminated groundwater. 

But a blockbuster investigative report by the Associated Press offered up new evidence earlier this month that the shale industry’s keystone environmental claim is simply not true.

Multiple states confirmed that drilling and fracking contaminated groundwater supplies, the investigation found. There have been thousands of complaints from people living near drilling over the past decade, the AP reported, and three out of the four states from which the AP obtained documents confirmed multiple instances where oil and gas companies contaminated groundwater.

Out of the four states the AP obtained documents from, only Texas reported no confirmed oil and gas-related groundwater contamination. But one high-profile incident in Texas has again come under scrutiny, as a report quietly released by the Obama administration on Christmas Eve has called the adequacy of the state’s investigation into question.

On Monday, over 200 environmental groups called on President Obama to reopen the federal investigations into that case and others in Pennsylvania and in Wyoming, and to personally meet with people whose drinking water supplies have been polluted.

“The previously closed EPA investigation into these matters must be re-opened,” said the letter, sent the day before Mr. Obama's State of the Union address. “These three are among a growing number of cases of water contamination linked to drilling and fracking, and a significant and rapidly growing body of scientific evidence showing the harms drilling and fracking pose to public health and the environment.”

Tue, 2014-01-14 20:52Farron Cousins
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First On 2014 Congressional Agenda: Dismantle EPA Protections That Save Lives

After nearly a month off, U.S. elected officials returned to Washington, D.C. this week.  And just as they so often do after returning from vacation, one of their first legislative actions was to dismantle portions of the Environmental Protection Agency (EPA).

The U.S. House of Representatives passed a legislative packet that will greatly reduce the EPA’s ability to monitor environmental and health violations, leaving that responsibility to the states, many of which are constrained in their ability by tight budgets. 

The package, known as the Reducing Excessive Deadline Obligations Act, is a compilation of three separate bills, each attacking a different area of the EPA.

One of the biggest changes stemming from the legislation is a requirement that EPA update its rules for solid waste disposal every three years, and the agency will no longer be able to impose any regulations on solid waste disposal that interfere or attempt to supersede state laws. 

Other parts of the legislative package compel the EPA to consult with states before imposing rules on the cleanup of Superfund sites, in addition to language that requires the President to consult with state leadership before enforcing environmental laws.

The three separate pieces of legislation included in the packet were proposed by Republican representatives Cory Gardner of Colorado and Bob Latta and Bill Johnson of Ohio.  Altogether, the three Republicans have received more than $1,190,000 from the dirty energy industry.

Mon, 2014-01-13 15:40Guest
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Range Resources Spokesman Matt Pitzarella Misrepresented Education Credentials, Never Received Business Ethics Degree

This is a guest post by Amanda Gillooly, originally published on Marcellus Monitor.

Range Resources Director of Corporate Communications Matt Pitzarella has long listed a master of science degree in leadership and business ethics from Duquesne University as one of his educational accomplishments – one he claimed to have earned in 2005. That degree is listed under his educational experience on his Linkedin profile.

In a profile piece that appeared on the website for the Cal Times (the student publication of the California University of Pennsylvania, where he earned his undergraduate degree),  contributing editor Casey Flores wrote:

Matt is a genuine success story. After graduating from Cal U with a major in public relations and minor in marketing, Matt went on to work his way up through the education and corporate world with a master’s degree in leadership and business ethics from Duquesne University. He attributes much of his success, however, to the internships he completed during his time at Cal U.

He also lists the degree on yatedo.com here.

However, an investigation into his education reveals that Pitzarella never earned a degree through Duquesne University in Pittsburgh.

Marcellus Monitor received this email from the university’s Director of Communications, Tammy Ewin in response to our inquiry into Pitzarella’s degree:

Matt Pitzarella does not have a degree from Duquesne University. He attended from the spring of 2004 through fall 2004 in the master of science in leadership and business ethics program.
Wed, 2013-12-18 05:00Sharon Kelly
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Despite Flaws, Pennsylvania Regulators Fast Track FirstEnergy Coal Ash Disposal Plans

Across the U.S., the shale rush has unleashed a frenzy of excitement about domestic energy supplies.

But the oil and gas produced from fracking comes along with billions of gallons of wastewater and tons of mud and rock that carry radioactive materials and heavy metals.

As problems with disposal mount, the industry has offered mostly vague promises of “recycling” to describe how the waste will be handled over the long run.

As the nation gears up to produce vast amounts of shale oil and gas — and the toxic waste that comes along with it — it’s worth taking a look back at the failures of another industry to handle its toxic waste responsibly — the coal industry. 

Communities across America are still struggling to resolve problems left behind decades ago from coal mining and related industrial pollution.

These aren’t merely yesterday’s problems – the ash from burning coal at coal-fired power plants remains the single largest wastestream in the U.S.

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