BREAKING: DEP Fines Range Resources $4.15 Million for Violating Environmental Regulations Consent Order; Agreement to Close 5 Washington County Impoundments

This photo of the Jon Day impoundment was taken in May by Robert Donnan, who graciously allowed me to use it here.

Editor’s Note: The following is from a news release put out today by the state Department of Environmental Protection. -amanda

The Department of Environmental Protection on Thursday announced it has signed a wide-ranging consent order and agreement with Range Resources for violations at six of its Washington County centralized waste water impoundments.

The consent order requires the company to pay a $4.15 million fine, the largest against an oil and gas operator in the state’s shale drilling era, close five impoundments and upgrade two other impoundments to meet heightened “next generation” standards currently under development at DEP.

“This action reaffirms the administration’s unwavering commitment to protecting Pennsylvania’s soil and water resources,” DEP Secretary E. Christopher Abruzzo said. “This landmark consent order establishes a new, higher benchmark for companies to meet when designing future impoundments, which is an environmental win for Pennsylvania.”

Violations at the impoundments include various releases of contaminants, such as leaking flowback that affected soil and groundwater. To date there has been no impact on drinking water from any of these impoundments.

Under the consent order, Range Resources will immediately begin the closure of the Hopewell Township 11 (Lowry), Cecil Township 23 (Worstell), and Kearns impoundments.

Range Resources will also continue the closure of the Yeager impoundment. The company must close the Hopewell Township 12 (Bednarski) impoundment by April 1, 2015.

Additionally, the consent order also directs Range Resources to upgrade two other impoundments. The liner systems at the Chartiers Township 16 (Carol Baker) and Amwell Township 15 (Jon Day) impoundments will be completely redesigned and rebuilt to meet “next generation” standards currently under development at DEP.

When upgrading the two impoundments, Range Resources will install thicker liners than are currently required, an electrically conductive geomembrane that will allow better identification of potential leaks and a real-time leak detection system.  Range will also fully investigate and remediate any groundwater contamination caused by the previous operation of the impoundments.

Another impoundment, Mount Pleasant Township 17 (Carter), will be limited to storing only fresh water for as long as it remains in service. Range will also install a groundwater monitoring well network at the impoundment now and will perform an environmental site assessment at this impoundment once it is permanently closed.

The company will be required to report to DEP quarterly on the progress of the shutdown and remediation of the sites.

The consent order also requires Range Resources to immediately begin soil and groundwater investigations at each of the closed impoundments to determine what, if any, impact there was from their operation of the impoundments. If contamination is found, the company is required to remediate the sites.

Cecil Township Warns Residents of Potential Water Contamination Near Frack Pit After DEP Refuses To

EDITOR’S NOTE/UPDATE: DEP spokesman John Poister emailed me the following statement regarding the Cecil 23 Impoundment:

“DEP was notified of elevated chloride levels in one of its groundwater monitoring wells on July 11.  On July 21^st Range did additional sampling on the site.  DEP will have inspectors on site next week to take our own samples from the groundwater monitoring and leak detection system at the impoundment. We do intend to contact property owners who are closest to and down gradient  of the impoundment to determine if they would provide DEP access to their property to conduct sampling of their wells.

Samples will be analyzed for a wide range of inorganic and organics as well as other compounds.  These lab tests generally take between 30 and 45 days to complete.

If DEP determines that groundwater may have been impacted, the DEP will require a comprehensive investigation of the groundwater including an assessment the private water wells with the potential to be impacted.

DEP has not had any complaints from private water well owners in the vicinity of the impoundment.”

 

A controversial Marcellus Shale centralized water impoundment Cecil Township operated by Range Resources and used in the fracking process may have contaminated nearby soil and groundwater, prompting municipal officials there today to hand-deliver letters to about 50 nearby residents.

“The township has come to learn that the impoundment is currently no holding any fluids and was taken out of service in April of this year,” the letter reads. “It is the township’s understanding that the impoundment was taken out of service as part of an investigation to determine whether any fluids entered the groundwater and soils in and around the impoundment site and the source of any fresh water.”

Cecil Township supervisors for more than a year have raised concerns about Cecil 23 impoundment, formerly known as the Worstell impoundment – and the board said in a press release that information it recently received “has furthered those concerns.”

Previously unknown to both the township and the public, is that on July 11 Range Resources notified the DEP that there were elevated chloride levels detected by the ground water monitoring wells at the Cecil 23 waste water impoundment, according to the press release.

In response to repeated inquiries by Cecil Township officials, the DEP confirmed Thursday that they will conduct a limited investigation.

Upon learning this information, Cecil Township called DEP and requested that they notify Cecil Township residents of potential ground water contamination. Unfortunately, the DEP declined to do so initially stating ‘the DEP will not make a general notification to residents, according to Cecil officials.

“Based on recent evidence of water and soil contamination at other Range Resource impoundments in Washington County coupled with concerns raised by Auditor General, DePasquale’s report on DEP performance; we feel that the public has a right to know if it’s safe to live in their neighborhood,” supervisor’s Chairman Andy Schrader said. “Our residents’ safety is our first concern.”

The township intends to closely monitor this investigation and keep residents informed.

The Worstell impoundment made headlines in 2013, when Cecil Township supervisors sought to meet publicly with DEP regarding concerns over the frack pit.

DEP refused to meet in public, and documents obtained through a state Right to Know request showed high-ranking officials making a joke about using a provision in the open records law to keep the gathering in private.

News of possible groundwater and soil contamination at the Cecil 23 Impoundment comes in the wake of a “significant” leak at another Range Resources impoundment in Amwell Township, Washington County. That leak necessitated the removal of at least 15,000 tons of soil. DEP issued notices of violation for the leak.

A third frack pit in Amwell run by Range Resources known as the Yeager impoundment – which was the subject of lawsuits and a federal probe – is reportedly in the process of being closed.

Range Resources spokesman Matt Pitzarella did not immediately return an email seeking more information.

Editor’s Note: While the township intends to closely monitor this investigation and keep residents informed, concerned citizens should contact both the township at 724-745-2227 and the DEP at 1-866-255-5158 with any questions or concerns.

 

Crews Hauling Remaining 1,000 Tons of Contaminated Soil Out of Range Resources Impoundment in Washington County This Week

(This photo of the John Day impoundment in Amwell Township as of earlier this month. Photo Courtesy of Robert M. Donnan.)

An environmental reclamation company is working this week to haul out the remaining 1,000 tons of contaminated soil from a Washington County impoundment operated by Southpointe-based Marcellus Shale drilling company Range Resources, a state Department of Environmental Protection spokesman said Tuesday.

The spokesman, John Poister, said the company, Weavertown Environmental, had been waiting to receive the proper documentation called a Form U in order to transport the remaining soil effected by what DEP has described as a “significant leak” at the Amwell Township impoundment.

Poister said more than 2,000 tons of soil will have been removed from the impoundment and into area landfills when the cleanup at the site is complete.

While DEP last month issued a notice of violation to Range Resources for the leak, no civil penalty has yet been assessed. Poister said that remains a possibility, and indicated that an investigation is ongoing into how the pit’s leak detection system “failed miserably” – and how the leak, reported April 16, had gone unnoticed by Range Resources officials.

The results of a soil analysis were not immediately available, but Poister said initial tests indicate that salt is the primary contaminant.

Centralized impoundments are used to store millions of gallons of water used during the hydraulic fracturing process.

Range Resources impoundments in Washington County have been the subject of both controversy and national headlines this past year – mostly over questions about what exactly is in the water stored at the sites.

State Impact reported that company executives testified in a civil court case that they do not know what chemicals they are using in the fracking process.

Critics have long maintained that impoundments, sometimes called frack pits, are not an industry best practice, and have pushed for safer storage methods, such as closed-loop systems.

Editor’s Note: I wanted to thank Robert M. Donnan for kindly allowing me to publish his photo of the John Day impoundment – it is greatly appreciated!

 

UPDATE: 1,100 Tons of Contaminated Soil Removed Last Week From Range Resources Impoundment in Washington County

By Amanda Gillooly

(PHOTO CREDIT: ROBERT DONNAN)
Stock Photo of the John Day Impoundment

A Pennsylvania Department of Environmental Protection spokesman on Tuesday said about 1,100 tons of dirt was trucked out of a Range Resources’ centralized impoundment last week in Amwell Township, Washington County – the site of a “significant leak” in April that led to the agency issuing a Notice of Violation to the Southpointe-based Marcellus Shale drilling company.
DEP spokesman John Poister said it is likely that 2,100 tons of contaminated soil will ultimately need to be removed from the site.

“It’s a mountain of soil,” he said.

He confirmed that the leak is “serious enough” that a DEP inspector has been on scene at the John Day impoundment nearly every day.

“This is something we are taking very seriously,” he said, adding that DEP is committed to getting to the bottom of why the impoundment’s leak detection system didn’t work.

“This is a case where it failed miserably,” Poister said of the leak detection system. “Our concern is how long did this leak go unnoticed? We’re upset about this – the extent of the leak and why it wasn’t spotted earlier.”

He added it was “obvious to our people that this is not a small thing.”

Right now crews at the John Day impoundment are working to ensure tarps are secured to keep rain water out, and he said Range Resources was dealing with runoff issues Tuesday.

Poister said the first step in the remediation process is the removal and replacement of contaminated soil.

No timeline was available for the completion of that step, however. Poister said rain has slowed progress of work at the site.

A soil analysis was not yet available on Tuesday, but Poister confirmed that initial water quality tests indicated that chloride – or salt –  is the primary contaminant.

“Salt is very damaging,” Poister explained.

The soil is being transported out of the site using an existing Form U. The company responsible for the cleanup efforts, Weavertown Environmental, is currently in the process of obtaining a new Form U, he said.

DEP issued a notice of violation to Range Resources, and Poister said a civil penalty is possible, too. That, though, is be the final step in the process.

Range Resources spokesman Matt Pitzarella did not immediately return an email seeking further information for this story.

PA State Rep Introduces Law Requiring Full Disclosure of Fracking Chemicals, Mandatory Air Quality Monitoring

PA state Rep. Jesse White D, Cecil, recently introduced the legislation.

By Amanda Gillooly

A Pennsylvania state representative announced this week that he has introduced two new bills in the state House that he said would help further promote responsible Marcellus Shale drilling operations in local communities.

House Bill 1721, the “Fair Frac Disclosure Act,” would mandate the full disclosure of all chemicals used in the hydraulic fracturing process, including the disclosure of compounds labeled as “proprietary” by drilling company vendors and subcontractors.

White said that when companies dump drilling waste water from multiple sites into open-air waste water impoundments, chemicals from the fracking process can mix, react and release into the air or into groundwater if the impoundments leak.

White said that the Fair Frac Disclosure Act would require the state Department of Environmental Protection to maintain a public database of all compounds used by an applicant before a permit could be issued, thus providing transparency and accountability to Pennsylvania residents.

“Local residents who live near industrial drilling operations at the very least deserve to know what chemicals are being put into the air and water as part of the fracking process,” said White, D-Allegheny/Beaver/Washington. “While I applaud the recent news of hydraulic fracturing supplier Baker Hughes deciding to disclose all of its chemicals, not all companies are following suit. This legislation would simply add another layer of protection for our local communities.”

White’s second bill, House Bill 2172, would mandate that air-quality monitoring systems be placed near all natural-gas compressor stations, processing plants and centralized waste water impoundments.

Centralized impoundments have become a controversial issue in western Pennsylvania, with news earlier this month that there was a “significant leak” at a Range Resources pit in Amwell Township, Washington County. The DEP said hundreds of tons of contaminated soil has already been removed, and a source says thousands of tons more may follow suit. The incident spurred the DEP to issue notices of violation to the Southpointe-based Marcellus Shale drilling company.

Under this bill, White said such monitoring systems would be required at all current and future sites as a condition of their permitting. The legislation would require that all air-quality levels recorded by monitoring systems be made publicly accessible through a real-time display posted on the Internet.

White pointed to a recent Associated Press report on preliminary data from the Southwest Pennsylvania Environmental Health Project regarding cases in which residents might have experienced problems as a result of living in close proximity to natural gas drilling operations. To date, the project has discovered 27 cases in which residents developed symptoms and illnesses after nearby operations began.

“Natural gas drilling in our region is here and here to stay, but that does not mean we should ignore simple and commonsense practices that would promote more transparency and provide for honest, fact-based debate,” White said. “When dealing with the health and well-being of our local communities and residents, the public should have access to the scientific facts and figures surrounding drilling in an unfiltered way, and my legislation offers that – nothing more, nothing less.”

 

Range Resources Issued Notice of Violation Over “Significant Leak” at Washington Co. Impoundment

By Amanda Gillooly

(PHOTO CREDIT: ROBERT DONNAN)
Stock Photo of the John Day Impoundment

The Pennsylvania Department of Environmental Protection issued a Notice of Violation on Friday to Range Resources over what it is calling a “significant leak” at a Washington County impoundment.

DEP spokesman John Poister said the Southpointe-based Marcellus Shale drilling company was cited under the Clean Streams Act for failure to contain pollutants and failure to contain production fluids.

He said a civil penalty has not yet been assessed, and added that is the final step in the process of issuing a Notice of Violation.

“We are waiting for completion of the cleanup,” Poister said.

Asked how long the cleanup would take, he said, “I don’t know right now.”

Poister also clarified information issued last week by the department regarding contaminated soil that has been trucked out of the John Day impoundment.

He said Range Resources has been trucking 128 tons of contaminated soil out of the Amwell Township impoundment and into three area landfills – the Arden landfill in Chartiers, the Imperial landfill and the Territa landfill in Rostraver Township, Westmoreland County.

Last week, Poister said the soil was being taken solely to the Arden landfill.

Last week the DEP also indicated that the old permit, also known as a Form U, was being used until the driller could obtain a new one.

On Monday, Poister said that the company cleaning up the leak, Weavertown Environmental, was actually applying for the new permit.

That permit, Poister said, was still pending.

Range Resources spokesman Matt Pitzarella did not return an email seeking more information.

Editor’s Note: The information in this story reflects a phone conversation with Poister at 11 a.m. Monday.

 

 

Range Resources Hauling Contaminated Soil to Washington Co. Landfill Using Old Permit, Thousands of Tons More Need Removed

(PHOTO CREDIT: ROBERT DONNAN)
Stock Photo of the John Day Impoundment

By Amanda Gillooly

More than 500 tons of contaminated soil has already been trucked out of the John Day impoundment in Washington County and into at least one area landfill on an old permit, the state Department of Environmental Protection confirmed late last week.

Sources have said the incident is worse than previously reported in the media, and that thousands of tons of contaminated soil still need to be removed.

DEP spokesman John Poister on Tuesday (April 22) said Range Resources had “removed” 500 tons of soil from the impoundment and had been “stockpiling” it in a contained, secure area locatedat the Amwell Township site. He added the company was using vacuum trucks to ensure any dirt that escaped from the area would be immediately removed.

But Wednesday night, sources told Marcellus Monitor that Range had actually been trucking the soil to area landfills – and that they had seen as many as five tri-axle trucks hauling material out of the impoundment for days.

Reached Thursday (April 24) for clarification on where the soil was being stored or transported, Poister reversed the DEP’s previous statement, saying, “We know now” the company had, in fact, been transporting the soil off site.

He said the soil was trucked to the Arden landfill in Chartiers Township, Washington County.

Poister said it was legal for the Southpointe-based Marcellus Shale drilling company to use a previous permit – called a Form U – because it was issued earlier this year for the same site.

However, that permit only allowed the company to remove about 100 tons of soil a day.

Poister said Range Resources has applied for a new permit, which would allow them to haul out more soil from the John Day impoundment in Washington County.

While the DEP spokesman could provide no further details related to the pending Form U permit, a source has said it could allow Range Resources to haul out as many as 800 tons of soil each day.

A copy of the old Form U, which contains analysis of the contaminated soil previously permitted to be hauled from the pit to area landfills, was not immediately available. Marcellus Monitor is working to obtain a copy, as well as the soil analysis Range Resources would have had to have submitted in order to obtain the former permit.

Asked if by using the old permit, Range Resources was asserting that the soil effected by the most recent leak contains the same chemicals as the soil removed during the previous incident, Poister said, “I don’t know. I am waiting to get clarification on that.”

While no further information on the permit or the amount of soil needed to be removed from the site was available from DEP, a source told Marcellus Monitor that “thousands” more tons would need to be removed.

While the DEP and Range Resources director of corporate communications Matt Pitzarella has said the leak essentially consisted of “salt water,” the department is still awaiting the a soil analysis from the company, Poister said Thursday afternoon.

The DEP spokesman on Wednesday added that Range Resources had exhausted the amount of tons it was permitted to remove from the site, which necessitated the new permit.

Sources, though, said they observed trucks hauling material out of the impoundment throughout last week – including Thursday and as recently as this Monday morning.

Asked if Range was permitted to haul additional soil out of the impoundment given that DEP indicated the company had “exhausted” the former permit, Poister said, “I don’t know if they shipped” all of the stockpiled soil.

Poister also confirmed last week that Range Resources – which has two crews working at the John Day impoundment, one to remove soil and the other to place plastic tarps over the impoundment to prevent rainwater from pushing what they have said is salt water further into the ground – was having difficulty getting the plastic to stay put.

While he said the issue was under control as of last week, sources say the plastic could be seen blowing into the yards of neighboring farms – and that the plastic tarps remain an issue this week, as well.

It was still unclear when the DEP would issue a notice of violation to Range Resources, although Poister said Thursday it was still in the process of being drawn up.

Centralized impoundments are used to store millions of gallons of water used during the hydraulic fracturing process. Range Resources impoundments in Washington County have been the subject of both controversy and national headlines this past year – mostly over questions about what exactly is in the water stored at the sites.

State Impact reported that company executives testified in a civil court case that they do not know what chemicals they are using in the fracking process. Critics have long maintained that impoundments, sometimes called frack pits, are not an industry best practice, and have pushed for safer storage methods, such as closed-loop systems.

Pitzarella did not immediately return emails seeking further information.

Editor’s Note: Poister said Monday morning that there was no new information on the leak or cleanup efforts at the John Day impoundment in Amwell Township.

DEP: 500 Tons of Contaminated Soil Removed From Range Resources Impoundment Following Washington County Leak

By Amanda Gillooly

 

(PHOTO CREDIT: ROBERT DONNAN)
The John Day Impoundment

Crews have removed 500 tons of contaminated soil from a Range Resources centralized impoundment located in Amwell Township, Washington County – the site where the state Department of Environmental Protection last week said was a “significant leak.”

Although Matt Pitzarella, the Marcellus Shale drilling company’s director of corporate communications, disputed there was, in fact, a “leak” at the site, DEP’s spokesman John Poister on Tuesday morning was clear: Yes, there was a “significant leak” at the impoundment – one that will require even more soil to be removed.

Poister indicated that a DEP inspector was on scene Tuesday, and said two crews are working at the John Day imundment to remediate the area. One crew is removing soil, he said, while the other is using plastic to cover the ground in an effort to shield it from rainfall.

Rain, Poister said, would “just push the salt further into the ground.”

Poister said the DEP was not aware of where the soil is being transported, but confirmed that Range Resources is in the process of having its contents analyzed.

The DEP, he said, has not yet received a form from Range Resources that shows what chemicals are in the soil. Such a form is required by the state before contaminated soil can be dumped into a landfill.

Poister said DEP also did not know how much soil would potentially need to be removed from the John Day impoundment. However, a confidential source has said a significant amount of soil still needs to be removed.

The spokesman said DEP officials are in the process of drawing up a notice of violation, but could not say when it would be finalized and sent to Range Resources.

“We’re moving pretty fast on this, but we’re still collecting information,” Poister said.

Poister could not provide further details about whether the John Day impoundment in Amwell Township had been used to store fresh water or waste water, but said there “is not distinction” and could have been permitted either way.

He did say, however, that he did not believe the impoundment was being actively used when the leak was reported last week.

Further details on the nature of the leak were not immediately available Tuesday. It was not immediately clear how 500 tons of soil was contaminated following a leak from what Pitzarella told the Pittsburgh Post-Gazette was an empty impoundment.

Centralized impoundments are used to store millions of gallons of water used during the hydraulic fracturing process.

Range Resources impoundments in Washington County have been the subject of both controversy and national headlines this past year – mostly over questions about what exactly is in the water stored at the sites.

State Impact reported that company executives testified in a civil court case that they do not know what chemicals they are using in the fracking process.

Critics have long maintained that impoundments, sometimes called frack pits, are not an industry best practice, and have pushed for safer storage methods, such as closed-loop systems.

A spokesman from Range Resources’ media relations department did not immediately return a voice mail seeking more information.

DEP Issuing Notice of Violation to Range Resources for ‘Significant Leak’ at Washington County Impoundment

(Impoundments are used to store the water utilized during the fracking process)

Pennsylvania Department of Environmental Protection spokesman John Poister on Thursday afternoon confirmed that a notice of violation would be issued to Marcellus Shale drilling company Range Resources for what he said was a “significant leak” at the John Day Impoundment in Amwell Township, Washington County.

Poister said Range Reported reported the spill Wednesday, and that the company hired a consultant to help determine what remediation steps are necessary. A DEP inspector is also on scene.

Poister said the notice of violation would go out “very soon” for the leak, which Range Resources officials told DEP was detected during an inspection. Salt was found in the soil, Poister indicated.

He said Range Resources would have to remove a “significant amount of soil” because of the leak.

The DEP will be working with the Southpointe-based company, he said, to ensure the site is completely remediated, and to ensure corrections are made to prevent similar incidents in the future.

He said the notice of violation will also include a civil penalty.

“I can’t tell you right now what the extent of that penalty would be,” Poister said Thursday.

A Range Resources public relations spokeswoman did not immediately return a voice mail seeking more information on the leak.

Centralized impoundments are used to store millions of gallons of water used during the hydraulic fracturing process.

Range Resources impoundments in Washington County have been the subject of both controversy and national headlines this past year – mostly over questions about what exactly is in the water stored at the sites.

State Impact reported that company executives testified in a civil court case that they do not know what chemicals they are using in the fracking process.

Critics have long maintained that impoundments, sometimes called frack pits, are not an industry best practice, and have pushed for safer storage methods, such as closed-loop systems.