Category Archives: Uncategorized

Federal charges brought in Mahoning toxic radioactive frack waste dumping case

Vindy.com, Feb. 15: Lupo charged and released. Dumping has occurred on twenty occasions. Ohio AG Mike Dewine responds. Also see Ecowatch coverage here.

Earlier updates: Lupo admits ordering workers to dump waste six times since Sept. 2012, emptying two 21,000 gallon tanks each time. Vindy.com, Feb. 13, 2013

February 11, 2013: Business Journal story, excerpted here: “YOUNGSTOWN, Ohio – D&L Energy owner and president Ben Lupo admitted to the Ohio Environmental Protection Agency that he directed his employees to illegally discharge drilling wastewater on at least six different occasions since September, an OEPA official said Monday.

It means that potentially hundreds of thousands of gallons of contaminated waste could have been dumped into a storm drain and carried into the Mahoning River, Kurt Kollar, on scene coordinator for the OEPA, told reporters during a news conference in Mayor Chuck Sammarone’s office…”

See Bob Hagan’s commentary on this travesty of justice at Ecowatch.org  

More background of Youngstown frack waste dumping story in earlier ACFAN post (below).

ACFAN joins groups in challenging USEPA to investigate its decision not to pursue TX investigation

Groups Urge Investigation of EPA Actions in Texas Water Contamination Case

Coalition asks Inspector General to determine whether political meddling led agency to drop probe of gas drilling company

WASHINGTON, D.C. – More than 80 organizations from 12 states and a New York State Senator today called on the inspector general of the U.S. Environmental Protection Agency to investigate a decision to drop legal action against a drilling company despite evidence that it had polluted residents’ well water near Fort Worth, Texas.

The organizations sent a letter to EPA Inspector General Arthur A. Elkins, Jr., asking him to broaden an ongoing investigation of a case that made national news last year when the EPA dropped an enforcement action against Range Resources Ltd. after earlier invoking rare emergency authority under the Safe Drinking Water Act. New York State Senator Tony Avella is sending a similar letter later today. Elkins began investigating the case after six U.S. senators asked him last June to determine whether EPA had followed proper procedures.

Associated Press and other news outlets have recently brought new information to light that raises additional questions about EPA’s commitment to protecting the public.

The case began in 2010 when EPA found that Range’s natural gas drilling near Forth Worth had “caused or contributed” to pollution of residents’ well water with benzene and dangerous levels of methane. The agency issued an emergency order requiring Range to provide drinking water to two families and to install meters in their homes to monitor explosion risks, among other actions.

The drilling industry and other critics charged that EPA’s decision to drop the case was proof that it had “rushed to judgment” and that Range had not polluted the families’ water. EPA did not explain its decision, issuing only a two-sentence statement describing its withdrawal as an opportunity to work with Range to make drilling safer. The EPA also withdrew the requirement that Range provide the families with drinking water.

Last month (January 2013), the Associated Press reported that the EPA made its decision even though a 2011 report it commissioned from an independent scientist had strongly suggested that one of Range’s natural gas wells was the source of the water contamination. EPA did not mention that report when it announced its reversal.

The joint letter calls on the inspector general to investigate why the EPA did not mention the scientist’s analysis, whether the EPA had a scientific basis for dropping the case against Range and whether the EPA had responded to political pressure, including recently-disclosed communications from Ed Rendell, former Pennsylvania governor and former chairman of the Democratic National Committee.

“We fear that the EPA has failed in its duty to protect people’s health,” said Paul Gallay, President of New York-based Riverkeeper. “As a critical decision about fracking looms in New York state, we are left wondering what science and data have been kept secret from our experts and decision makers. All eyes are on Governor Cuomo to protect New Yorkers, and we urge him to take a step back and see what other information is hidden that could prevent an informed decision.”

“Range Resources went behind-closed-doors and solicited special favors rather than be a good neighbor to homeowners whose drinking water was polluted by Range’s drilling,” said Earthworks Energy Program Director Bruce Baizel. He continued, “The fact they were successful calls into question all public oversight of oil and gas development.”

“EPA’s inexplicable decision to drop the case adds to a growing concern that drilling regulation is woefully inadequate even as drillers push into more populated areas from New York to California,” said EWG Senior Counsel Dusty Horwitt. “The public must have confidence that the EPA is acting to protect our health and drinking water, not corporate profits.”

Associated Press reported that Steven Lipsky, whose family EPA identified as having been affected by the contamination, can light his well water on fire and now pays $1,000 a month to have water delivered.

CONTACTS:

Barges would carry 400,000 gallons of frack waste on Ohio River

In the news this week is the plan, months old but only now getting widespread media attention, to allow barges to haul toxic liquid frack waste to SE Ohio.  Each barge could carry 10,000 barrels or 400,000 gallons, compared to the 80-150 barrels a truck carries. Although there is no formal public hearing process, organizations, including Credo Action, are providing ways for citizens to voice their concern. Please express your horror at this outrageous plan!

Twenty to forty thousand gallons of injection well waste intentionally dumped in Youngstown storm sewer. Update: Feb. 9: Man responsible for Mahoning dumping linked to 120 previous violations, ODNR as usual asleep at the wheel

Bob Downing reports in the Akron Beacon Journal that a tip led to inspectors witnessing more than 20,000 gallons of oil and gas waste being intentionally dumped into a Youngstown storm drain accessing the Mahoning River. The coverage concludes,

“State Rep. Robert F. Hagan, D-Youngstown, knocked two state agencies for their handling of the illegal dumping in Youngstown.

He asked the Ohio EPA and the Ohio Department of Natural Resources why local officials had been ‘left in the dark regarding this alarming incident.’

He said he is ‘severely disappointed’ in the response from the two state agencies.

He called for all relevant information on the dumping be made available to the public immediately.

Hagan, in a letter he released on Tuesday, said he is ‘appalled by not only the recklessness of the illegal dumping but also the secrecy and lack of communications and transparency surrounding the incident.’

He asked EPA Director Scott Nally why it took his agency four days to issue what he called ‘a cursory statement that provides little detail or insight into the dumping fiasco.’

Hagan also questioned why more than 20,000 gallons of drilling wastes would be present at a closed-down injection well.

Why that waste was at the site is ‘a mystery that is both puzzling and extremely alarming,’ Hagan said.

He noted that the D&L Energy Group that owns the injection well off Salt Springs Road has been cited for 120 environmental and regulatory violations at 32 injection wells in Ohio and western Pennsylvania.

The well was closed in late 2011 after it had triggered more than a dozen small earthquakes in the Youngstown area.”

WYTV reports that as much as 40,000 gallons may have been dumped. Crews are still trying to “clean it up.”

A WKBN report of Feb. 8 cites a month of tips about dumping prior to authorities putting a halt to the practice and states that Lupo was not licensed to haul “brine.” [sic]

Business involved had 120 previous violations:

Update at Vindy.com Feb. 9, 2013: One of Lupo’s many businesses has been shut down. The others continue in operation; the owner has not been charged or arrested. The mayor of Youngstown “said he is ‘shocked’ the state gave permits to D&L, which has at least 120 violations at 32 injection and extraction wells in Ohio and Pennsylvania, according to a 2012 investigation by The Vindicator.”

Details of some of these violations published by Vindy.com, Feb. 10:

“In November 2011, according to ODNR records, a well site in Coitsville where D&L was operating was found to be leaking drilling mud, used to help keep drill bits clean and cool during the drilling process, into an open field near a body of water.

In another instance, in 2004, a well site in Portage County’s Shalersville Township was discovered to be the home of three storage tanks —filled with oil and brine — that had overflowed beyond protective dikes designed to contain such a spill.”

And from Tribtoday.com, Feb. 9, 2013: Clean-up continues with no end in sight and the confessed culprit walks free:

“…State Rep. Robert Hagan, who has been vocal with his anger about the incident, isn’t happy with the speed of the investigation.

Hagan, D-Youngstown, fired off a letter Friday to the Youngstown city prosecutor questioning whether she plans to file charges.

Hagan also pointed out that while Lupo remains free, seven citizens had been arrested on the spot during a 2011 protest at the Salt Springs Road property.

They were arrested and charged by the Youngstown city prosecutor for disorderly conduct after peacefully exercising their constitutional right to assembly, Hagan said. ‘Meanwhile, the man who has committed an egregious violation of state and federal environmental regulations – putting our community and our families at risk – has so far suffered no legal repercussions,’ Hagan said. ‘Something is terribly wrong with that picture.'”

More at Youngstown Business Journal Daily.

Call Gov Cuomo toll-free this week: Ohioans don’t want your radioactive toxic waste. Ban fracking now!

Call Governor Cuomo toll-free: 866-584-6799 or 855-675-9300

The Cuomo administration is conducting a sham “health review” of fracking behind closed doors with no public participation.

An unprecedented 200,000 comments to the administration exposed the fatal flaws and lack of science behind proposed fracking regulations.

Tell Governor Cuomo: Fracking cannot be done safely.  Don’t poison New York and Ohio! Ohio will certainly get NY’s waste just like it’s getting tens of millions of gallons of highly radioactive, toxic waste from PA and WV. NY has no plans to bury its own waste. It will be exported.

Waste in OH is injected into Class 2 wells not built to receive toxic, radioactive waste. These wells leak. Our drinking water and local agriculture are at risk, as are our lives and environment from dangerous trucks carrying toxic radioactive waste on narrow windy, hilly roads.

Please recruit your friends, family,and neighbors to call Governor Cuomo!

TELL GOV. CUOMO WE WANT A BAN ON FRACKING NOW!  866-584-6799 or 855-675-9300  Thank you!

Over 200,000 public comments delivered to Department of Energy on flawed economic study of gas export plans

WASHINGTON, DC- Catskill Citizens for Safe Energy, CREDO, the Delaware Riverkeeper Network, Food & Water Watch, and the Sierra Club delivered over 200,000 public comments, including extensive technical comments and a companion economic analysis report, along with a letter signed by 80 organization to the Department of Energy (DOE) expressing outrage over an economic study on exporting natural gas overseas that it is reviewing. Read more…

Civil Society poll reveals strong bipartisan support for leadership on climate, water, and health protection

Civil Society poll published this month reveals significant percentages of both Republicans and Dems don’t want fracking at the expense of clean water, have concerns about exports, and call for action on climate crisis, with 86 percent wanting leadership “on standing up to pressure from coal, oil, natural gas, and nuclear power lobbyists,” and “86 percent want it on shifting from coal and nuclear energy to wind and solar. Support for this approach exists across party lines, including 72 percent of Republicans, 83 percent of Independents, and 97 percent of Democrats.”

ODNR Director James Zehringer opposed injection well in his community as state rep. Call on Dir. Zehringer to oppose them in yours and ours!

“As an elected official…, I along with over 90% of the citizens [of Darke County] am bitterly opposed to this project [a CO2 sequestration injection well and associated seismic testing].” –– James Zehringer, Ohio Statehouse Rep., 77th District, in a letter to ODOT Director Jolene Molitoris, 7-31-09.

Now Director of ODNR, Mr. Zehringer no longer seems to hold the wishes of Ohio’s citizens in such high regard. The objections of hundreds of Athens County citizens to the D. T. Atha injection well permit application based on health and safety concerns have still not been deemed relevant or addressed by ODNR.

Why did James Zehringer, as an Ohio House Representative, oppose injection wells for CO2 in his community but as ODNR Chief now supports dumping of vast quantities—as much as 2 million gallons a year per well—of highly toxic, radioactive out-of-state waste, with high levels of benzene and radioactive strontium, in our community and everyone else’s communities?

Perhaps there was some accountability in his old job that is totally absent in his present position?

PLEASE WRITE ODNR Director Zehringer to say: If CO2 injections were not okay for your community, benzene and radioactive strontium injections are not okay in ours.  

Tell him and ODNR (again):

The Atha well (ref: Application #aAMY0000706, D.T. Atha Permit # 376) is not okay to put in our community. We do not want it here.

You are not listening to our concerns. You have not answered our questions except with non-answers and spin. Your “answers” are not satisfactory.

Ask (again):

  • Where are the monitoring wells and water testing data that would support your allegation that injection wells have not contaminated drinking water?
  • Why have you not addressed citizens’ concerns about well integrity or traffic accidents or first responder preparedness or implications of truck spills along the Hocking River?
  • Where is the documentation to support your claim that our hundreds of objections are not substantive?
  • Where are the hydrologic maps to show that aquifers and drinking water wells will not be contaminated by the Atha well?
  • Why is it considered necessary to sample water sources within 300 feet of a proposed injection well in an urban area but not at all in a rural area and not in Mrs. Frost’s backyard, where the Atha well is proposed? Why should our community accept this discrimination against rural areas?
  • Where is your water sampling from around the Ginsburg well to substantiate your claim that it has not contaminated surrounding bodies of water or drinking water supplies?
  • Your pr person’s letter of Dec. 7, 2012, (J. Kozlowski to Heather Cantino) admitted that over a dozen Ohio Class 2 wells have failed integrity tests (since “less than 10%” of 179 wells presumably means over a dozen). Why is this acceptable and why should we be reassured by this record, since you don’t test surrounding soil and water to know if there have been breaches of the casing and fluid migration?
  • Please show us evidence to support Ms. Kozlowski’s claim in her letter to Ms. Cantino that the Ginsburg well was EVER shut down. Where are the missing Ginsburg records? Why did it go for years without being inspected? Why should this record and your woefully inadequate staffing and inspection protocols give us any reassurance about your ability to protect our groundwater from contamination by another well?
  • Why did ODNR employees at the “open house” refuse to acknowledge their association with ODNR, let alone give their full names? Why was audiotaping not permitted, or videotaping even by accredited journalists? Isn’t government supposed to be transparent and accountable to the public it serves?

Just because the Halliburton loophole and other oil and gas regulation exempts oil and gas waste from Safe Drinking Water Act and most federal hazardous waste regulation does not make it safe in our drinking water or community. It is still toxic and highly radioactive.  We still need to protect our water, school children, and animals from these poisons. Their LEGAL designation IS IRRELEVANT to our safety.

Sincerely,

name, address, contact info

________________________________________________________

Please personalize your letter. Feel free to copy and paste from your earlier letter (if you wrote one during the formal comment period), if your questions were not adequately addressed (were any questions adequately addressed??). Visit acfan.org/injection-wells/ for background materials.

Send your letter to: James Zehringer, Director, Ohio Department of Natural Resources, James.Zehringer@dnr.state.oh.us

Please cc Rick.Simmers@dnr.state.oh.us, Chief, Division of Oil and Gas (DOGRM), and Ohio House Rep. Debbie Phillips at district92@ohr.state.oh.us (or your rep if different). Feel free to cc news media: news@athensnews.cominfo@athensmessenger.comdispatch.com/content/pages/opinion/send-letter-to-editor.jsp (online form), Cleveland Plain Dealer: bsulliva@plaind.com; Akron BJ: vop@thebeaconjournal.com, Cinci Enquirer: dholthaus@enquirer.com

AND please send to us at acfanohio@gmail.com.

Thank you, Athens County Fracking Action Network acfan.orgacfanohio@gmail.com, January 2013