# [TRAIN DISASTER in East Palestine Pollutes Eastern Ohio & Ohio
River](https://www.frackcheckwv.net/2023/03/05/train-disaster-in-east-
palestine-pollutes-eastern-ohio-ohio-river/)
[![](https://www.frackcheckwv.net/wp-
content/uploads/2023/03/FEDCD3F5-C5F1-4158-ABFA-B46AD3EBF48C-300x168.jpg)](…
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Chemical pollution toxic to land, to fish, to animals and people. (Click image
to enlarge it)
**Environmental Disaster from East Palestine, OH Train Derailment**
From the [Article by Leigh Martinez, PennFuture
Blog](https://www.pennfuture.org/Blog-Item-2023-East-Palestine-Ohio-Train-
Disaster), February 23, 2023
The East Palestine, Ohio train derailment disaster is shocking in its scale
and potential effects. Unfortunately, we may not know this disaster's long-
term health and environmental impacts for months or even years.
The gradual release and burn of these chemicals increased the risk that they
spread beyond the crash site. With butyl acrylate found in local surface
water, testing the groundwater supply and subsoil is crucial. We encourage
anyone concerned about pollution and the safety of their community to document
their observations and request soil and well water testing from the U.S.
Environmental Protection Agency (EPA).
The residents of East Palestine and neighboring communities deserve
transparency around the EPA's plan for continued air quality monitoring and
the data of air tests.
Regardless of location and as a regular practice, residents should report any
unusual odor or changes in environmental conditions to the appropriate state
environmental agency. We encourage residents to do their best to document the
changes they've observed so environmental threats can be tracked and
mitigated.
PennFuture continues to closely track developments and information coming from
both locals and government agencies.
**What We Know of the Accident** ~ On Friday, February 3, at 8:54 p.m. ET, a
Norfolk Southern freight train heading to Conway, Pennsylvania, derailed in
East Palestine, Ohio, approximately 1.2 miles from the Pennsylvania state
line. Thirty-eight rail cars went off the tracks and caught fire.
According to the National Transportation and Safety Board (NTSB), the
investigating agency, a resident's home surveillance video showed what appears
to be a wheel bearing in the final stage of overheating failure moments before
the derailment. The fear of a possible explosion forced the evacuation of
1,500 to 2,000 residents in a town of only 4,900.
**An Explanation of the Environmental Disaster ~** The train towed 20 cars
with hazardous material—11 of which derailed. Five overturned cars contained
vinyl chloride, a chemical used to make PVC plastic and vinyl products.
According to the National Cancer Institute, it is a flammable gas and cancer-
causing.
Norfolk Southern said some cars carrying vinyl chloride were at risk of
exploding. Ohio Governor Mike DeWine authorized a controlled burn of the
chemicals on Monday, February 6. This burn resulted in a massive smoke plume.
**Vinyl Chloride ~** When burned, vinyl chloride breaks down into two
chemicals: hydrogen chloride and phosgene. Phosgene is highly poisonous—used
in chemical warfare during World War I and responsible for many deaths,
according to the CDC. While long-term exposure to higher concentrations of the
gas can be deadly, the gas released by Norfolk did not result in reports of
injuries or fatalities.
**Hydrogen Chloride ~** This strong acid gas can cause eye, skin, and
respiratory irritation and pain.
**Other Chemicals Onboard ~** In addition to vinyl chloride, the EPA listed
the following chemicals as also on the train: 3. Butyl acrylate — a liquid
used for making paint, adhesives, and sealants, 4. Ethylhexyl acrylate — a
liquid used for making paint, printing inks, and plastics, is toxic to the
lungs and nervous system, 5. Ethylene glycol monobutyl ether — an industrial
solvent that can be absorbed through the skin and is toxic to the liver and
kidneys, 6. Isobutylene — a gas used in antioxidants, packaging, plastics,
and high-octane plane fuel.
**It 's currently known that the derailment caused the release of butyl
acrylate and ethylhexyl acrylate, which leaked into the ground, nearby
streams, and storm drains.**
Another major cause for alarm is the areas of contaminated soil and free
liquids that, according to the EPA, "were observed and potentially covered
and/or filled during reconstruction of the rail line including portions of the
trench /burn pit that was used for the open burn off of vinyl chloride."
Having multiple chemicals released adds to the complexity of the situation.
On Tuesday, February 21, EPA Administrator Michael Regan ordered Norfolk
Southern Railway to pay for the contaminated soil and water cleanup and
reimburse the EPA for the private cleanup of residential homes and businesses.
This order enables the EPA to force Norfolk Southern to adhere to a plan set
and managed by the EPA.
**Health Impacts ~** The EPA monitored the air quality and tested East
Palestine's municipal drinking water well. Private well water testing is
ongoing and residents with wells are told to still use bottled water. The EPA
did not yet release the data from air monitor testing.
**Drinking Water ~** Ohio Gov. DeWine said on Wednesday, February 16, that the
water in East Palestine's municipal system is safe to drink based on the Ohio
Environmental Protection Agency's results, however: 1. The Ohio EPA recommends
people using private wells for drinking water schedule an appointment for well
water testing. 2. The Pennsylvania Department of Environmental Protection
(DEP) will conduct independent water sampling to monitor water contamination
risks related to the train derailment closely.
**Air Monitoring ~** Air quality monitors are a tool to measure exposure to
air contaminants, but the technology has limitations. While the EPA has come
out to say the air quality in and around East Palestine is safe for residents
to return home, officials have not provided any data from the air tests.
Depending on which types of air monitors the EPA is utilizing, they may not be
providing the exact chemical breakdown and measurements in the air. How a
healthy first responder reacts to a particular air quality measurement differs
from an older adult or a child.
The EPA needs to be transparent with community members on the technology used
to test air quality, the limitations of the equipment, the chemical
specificity found, and the measurements.
**Environmental Impacts ~** The Norfolk Southern train carried 20 cars with
hazardous materials. After the spill, chemicals—including an entire load of
butyl acrylates—were seen running into storm drains and water sources.
As of Tuesday, February 21—two weeks after the train derailment—Norfolk
Southern reported the chemical spill contaminated at least 15,000 pounds of
soil and 1.1 million gallons of water.
Locals documented images of dead fish and an oily sheen along Ohio River
tributaries days after the spill. Those streams are reintroduction sites for
the hellbender salamander.
Water pollution puts endangered amphibian species at risk. An official with
the Ohio Department of Natural Resources told WKBN that it would take time to
know the effects on the hellbender. The federal government's Agency for Toxic
Substances and Disease Registry opened an investigation tracking the chemical
exposure.
**Water Contamination ~** According to the Ohio EPA, the Sulphur Run stream
was the body of water most impacted by the derailment because of an
"impoundment" on February 8 when officials rerouted the water with the damming
and pumps.
Environmental teams dammed a portion of Sulphur Run and rerouted it to protect
water downstream. Teams will treat contaminated water with booms, aeration,
and carbon filtration units.
**What Are Dioxins?** Dioxins are highly toxic, persistent organic pollutants
that take a long time to break down once in the environment. They are a
contaminant formed during the production of some chlorinated organic
compounds, released through waste incineration or burning fuels. Dioxins can
travel long distances in the air or water; when they settle into the soil, it
will take several years to break down.
Once in the environment, they can accumulate in the food chain—primarily in
animal fat, fish, and shellfish. Dioxins can cause cancer, disrupt hormones,
lead to reproductive and developmental problems, and damage the immune system.
In July 1976, a chemical plant explosion near Seveso, Italy exposed locals to
the highest known levels of dioxin.
Ohio's senators Sherrod Brown (D) and J.D. Vance (R) sent a joint letter
requesting the state and federal EPAs to test the air for dioxins.
[Follow EPA updates on the environmental impact of the Norfolk Southern train
derailment
disaster.](https://response.epa.gov/site/site_profile.aspx?site_id=15933)
**What Pennsylvania Leaders Say About Railroad Safety ~**
**On Tuesday, February 21, Pennsylvania Governor Josh Shapiro said his office
made a criminal referral against Norfolk Southern to the acting Pennsylvania
attorney general for review. At a press conference with Ohio Governor Mike
DeWine, Shapiro said: "The combination of Norfolk Southern's corporate greed,
incompetence, and lack of care for our residents is absolutely
unacceptable."**
Shapiro previously said publicly and in a letter to Norfolk Southern's CEO:
"You can be assured that Pennsylvania will hold Norfolk Southern accountable
for any and all impacts to our Commonwealth."
**Gov. Shapiro listed three critical things Norfolk Southern did wrong after
the derailment:**
1\. Norfolk Southern made its own plan and did not implement a unified command
which confused first responders and emergency management. As a result, state
and local agencies had to react versus work in tandem.
2\. Norfolk Southern gave inaccurate information and conflicting modeling
about the impact of the controlled release of chemicals.
3\. Norfolk Southern was unwilling to explore an alternative to burning
chemicals and released and burned the chemicals without warning government
agencies.
**Pennsylvania 's senators Bob Casey (D) and John Fetterman (D) sent a joint
letter with the Ohio senators requesting the EPA continue its monitoring of
the land, air, and water in East Palestine, Darlington Township in Beaver
County, and other impacted communities "until the long-term effects of the
exposure are fully understood."**
**Questions and Actions Post-Emergency Operations**
[PennFuture believes environmental disasters are long-term public health
disasters.](https://www.pennfuture.org/Blog-Item-2023-East-Palestine-Ohio-
Train-Disaster) We should ask the following questions of Norfolk Southern
Railway Company and Pennsylvania and Ohio leaders:
1\. What is the current plan for continued community engagement? How
frequently will residents in East Palestine and the surrounding areas receive
updates? Are there opportunities to comment on cleanup plans? 2. How is
ambient air being monitored? What are those measurements? 3. Where are air
samples being collected? 4. How frequently is the air quality being tested? 5.
Do experts know how far the toxic plume traveled? 6. Which bodies of water are
scientists sampling, and for which chemical constituents? 7. Are officials
advising children and dogs not to play in streams? 8. Were surface wipes used
on residents' homes and vehicles? If so, what were the results? 9. Where are
soil samples being collected, and how deep are those samples? 10. What is the
plan for dioxin testing? 11. What is the plan to notify the community of
dioxin contamination? 12. Was the controlled release and burn the best way to
control the chemicals? 13. What are the reasoning and safety around
transporting various chemicals near one another? 14. Was the train adequately
inspected? Are there plans to improve the inspections in the future? 15. How
can the community engage with testing and ongoing monitoring? 16. Are we
investing enough in environmental agencies' personnel and equipment to ensure
the fastest and best response to the next disaster?
**Notable Environmental Organizations to Follow ~ Ohio Environmental Council &
Clean Air Council**
The longer people go without answers and action, anxiety and fear grow in the
community. We need to limit pollution's impact on the ecosystem and mental
health. East Palestine and Beaver County residents deserve transparency in
testing and cleanup and a clear plan for long-term environmental monitoring.
URL: <https://www.frackcheckwv.net/2023/03/05/train-disaster-in-east-
palestine-pollutes-eastern-ohio-ohio-river/>
# [Community Solar Petition Available Now ~ You Can Sign & Be
Helpful!](https://www.frackcheckwv.net/2023/03/04/community-solar-petition-
available-now-you-can-sign-be-helpful/)
[![](https://www.frackcheckwv.net/wp-
content/uploads/2023/03/08167427-555A-43ED-893C-7CD8F306D0F2-300x46.jpg)](h…
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Strength & progress result when our various groups work together
**Sign the petition: Show your support for community solar ASAP**
From the [Coalition Named “West Virginians for Energy
Freedom”](https://www.energyfreedomwv.org/community-solar)
You can join with fellow West Virginians in support of allowing community
solar in our State of West Virginia. Community solar will rein in energy
costs, create jobs, and promote energy freedom.
[Community solar projects](https://www.energyfreedomwv.org/community-solar)
enable individuals, businesses, or organizations to purchase or subscribe to a
“share” in a community solar project. Community solar participants receive a
credit on their electric bill each month for the energy produced by their
share.
And, community solar ensures we have the right to choose where our electricity
comes from.
Also, **community solar** has the power to save West Virginia families
millions of dollars per year through lower electric bills.
It does so while encouraging local economic development throughout the State.
This creates good jobs and attracts more employers to invest in West Virginia.
**Let’s face it, community solar is a free-market way to generate electricity.
Let’s secure energy freedom for West Virginia families now, i. e., as soon as
possible.**
#######+++++++#######+++++++########
**SEE ALSO:** “[Advocates Pitch Community Solar To State Lawmakers. Some Say
No](https://wvpublic.org/advocates-pitch-community-solar-to-state-lawmakers-
some-say-no/),” Curtis Tate, WV Public Broadcasting, January 10, 2023
URL: <https://www.frackcheckwv.net/2023/03/04/community-solar-petition-
available-now-you-can-sign-be-helpful/>
# [Small Modular Nuclear Reactors ~ Bad Deal or Terrible
Deal](https://www.frackcheckwv.net/2023/03/02/small-modular-nuclear-reactor…
bad-deal-or-terrible-deal/)
[![](https://www.frackcheckwv.net/wp-
content/uploads/2023/03/57B4AAB5-38E6-43BF-
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Small Modular Nuclear Reactors studied by Union of Concerned Scientists
**Small modular nuclear reactors: A bad deal for Southwest Virginia! And all
of us!**
From the [Letter by Rees Shearer, Virginia
Mercury,](https://www.virginiamercury.com/2023/02/16/small-modular-nuclear-
reactors-a-good-deal-for-southwest-virginia/) February 16, 2023
**In announcing his 2022 Virginia Energy Plan, Gov. Youngkin said, “A growing
Virginia must have reliable, affordable and clean energy for Virginia’s
families and businesses.” The Governor’s plan to promote and subsidize Small
Modular nuclear Reactors (SMnRs) in Southwest Virginia fails all three of the
Governor’s own criteria:**
>>> SMnRs can’t be reliable when they cannot reliably be built and brought on
line in a predictable and timely fashion.
>>> SMnRs can’t be affordable because nuclear power is close to the costliest
of all forms of electric power generation.
>>> SMnRs can’t be clean since they produce extremely toxic high and low-level
nuclear waste, which has no safe storage or disposal solution.
**Appalachia has long served as a sacrifice zone for rapacious energy
ambitions of other regions.** Southwest Virginians have had reason to hope
that would change as opportunities for low-cost solar development emerged in
recent years. Instead, politicians like Youngkin are making too-good-to-be-
true promises about SMnRs, sidelining opportunities to promote solar, which
can produce power in a matter of weeks, not decades.
Imposing SMnRs on Southwest Virginia is disturbing. My father worked for the
Atomic Energy Commission in the 1950s. The promise the nuclear industry and
the government touted then – “electricity, too cheap to meter” – never has
been realized. TVA and other utilities abandoned nuclear plants under
construction, leaving costly monuments to that folly and sticking electricity
customers with the bill.
**COSTS** : It’s not at all clear that SMnR technology will succeed, or when.
Levelized cost charts of electric power generation rate nuclear as among the
very most expensive means to generate electric power at utility scale. If
nuclear waste management, insurance, and decommissioning costs are counted,
actual costs are far higher. (Some of these costs are already socialized for
nuclear power – e.g. insurance in the Price-Anderson Act.)
The first commercial SMnR is not expected to be completed until 2029, but
already its developers have raised the target price of its power by 53%. This
is not a surprise; nuclear power construction history documents an extremely
strong correlation between new designs and cost increases and project delays.
Indeed, the Lazard research shows that nuclear is the ONLY grid-wide
generation source to increase in price, 2009-2021. The increase was 36%!
**NUCLEAR WASTE, TRANSPORT, AND REPROCESSING** : Nuclear waste and
reprocessing are also serious concerns. Make no mistake, unreprocessed nuclear
waste, for all practicable purposes, is FOREVER. The fact that we have become
accustomed to risk does not, by any means, reduce risk. Nor will SMnRs
generate less waste than their larger forebears. Indeed, a recent Stanford
University study concluded that “small modular reactors may produce a
disproportionately larger amount of nuclear waste than bigger nuclear plants.”
Safeguarding this waste is already costing taxpayers and utility customers
tens of billions of dollars. With the failure of the U.S. to designate a
central storage facility, nuclear power plants are forced to continue to store
the waste in pools on site.
Yet nuclear waste recycling, known as reprocessing, is no panacea. In
November, the Governor spoke in Bristol in support of recycling nuclear waste
from SMnRs: “I think the big steps out of the box are the technical capability
to deploy in the next 10 years and on top of that to press forward to
recycling opportunities for fuel.” He may have had in mind BWX Technologies of
Lynchburg, which is beginning reprocessing of uranium at its Nuclear Fuel
Services (NFS) plant just south of the Virginia border in Erwin, Tennessee,
for nuclear weapons.
It took over a decade, but in 1984, Congress finally killed the last proposal
to reprocess nuclear waste into nuclear fuel. The reprocessing would have
taken place at the Clinch River Breeder Reactor, also south of the Virginia
border, near Oak Ridge, TN. The concern then was the potential for accidental
highly toxic “spills” of nuclear wastes or purposeful diversion of plutonium
into the international weapons market. I recall this clearly because I spoke
at a public hearing in Abingdon about the transportation of nuclear waste that
would be bound for the Clinch River plant.
Transportation of SMnR nuclear wastes along Virginia mountain roads or
railroads across the border to Erwin presents further risk of accident and
contamination. Longstanding concerns about transportation and security of
nuclear wastes have never been adequately addressed.
In addition, Princeton University physicist, Frank N. von Hippel reported in
the Bulletin of Atomic Scientists that the Nuclear Regulatory Commission,
charged with protecting U.S. citizens from reactor disasters such as Three
Mile Island, Chernobyl, or Fukushima, has moved toward offering greater
flexibility for a nuclear industry plagued by cost overruns and calls for
safety improvements, rather than hewing to its primary responsibility for
maintaining safety of nuclear generating facilities and the American people.
The Bulletin also reports that, because of longstanding financial troubles
experienced by the commercial nuclear power industry, state legislatures are
increasingly being asked and are feeling compelled to subsidize nuclear power.
Gov. Youngkin’s state energy plan would take Virginia down that road, a road
that could be very long.
**URANIUM MINING in VIRGINIA?** Because of toxic pollution risks, mining
uranium in Virginia is currently prohibited under a moratorium enacted by the
General Assembly. Coles Hill in Pittsylvania County contains the largest
deposit of uranium in the U.S. Just a month ago, Consolidated Uranium, a
Canadian company, announced its purchase of Virginia Energy Resources, which
owns Coles Hill. It sounds like those executives think that another run at
overturning the mining moratorium might be successful. That this purchase
announcement comes so shortly after Youngkin’s announcement of SMnRs in his
Virginia Energy Plan feels like more than coincidence.
Uranium mining in a wet, eastern location would present a far higher
opportunity for contamination than mining that has for years had problems
affecting water and public health in the West. We Appalachians know the social
and environmental costs of an extractive economy. We should not support any
enterprise that forces that kind of exploitation upon our neighbors,
especially mining with known, pervasive health, safety and environmental
risks.
**CORPORATE CRONYISM and POLITICAL BOONDOGGERY** : BWX Technologies of
Lynchburg (formerly Babcock and Wilcox) is the nuclear contractor we can
anticipate would be charged with Gov. Youngkin’s wish to reprocess nuclear
waste into fuel. BWX has been on the ropes for years, since nuclear became so
unpopular with utilities in the wake of the Three Mile Island accident. It has
managed to stay afloat with military contracts and wants to develop the
reactors it builds for subs and aircraft carriers for commercial power
production. The SMnRs are its ticket, and Gov. Youngkin is playing both their
salesman and the state’s purchasing agent. Some General Assembly members are
angling to help their localities and favored industries cash in.
#######+++++++#######+++++++#########
**SEE ALSO ~** [INFOGRAPHIC: Small Modular Reactors | Department of Energy,
2018](https://www.energy.gov/ne/articles/infographic-small-modular-reactors)
#######+++++++#######+++++++#########
**" Advanced" Isn't Always Better ~ Assessing the Safety, Security, and
Environmental Impacts of Non-Light-Water Nuclear Reactors**, Edwin Lyman,
March 18, 2021
If nuclear power is to play an expanded role in helping address climate
change, newly built reactors must be demonstrably safer and more secure than
current generation reactors. Unfortunately, most "advanced" nuclear reactors
are anything but.
The [Union of Concerned Scientists undertook a comprehensive
analysis](https://www.ucsusa.org/resources/advanced-isnt-always-better) of the
most prominent and well-funded non-light-water reactor (NLWR) designs. We
asked:
§- What are the benefits and risks of NLWRs and their fuel cycles ?
§- Do the likely overall benefits of NLWRs outweigh the risks and justify the
substantial public and private investments needed to commercialize them?
§- Can NLWRs be safely and securely commercialized in time to contribute
significantly to averting the climate crisis?
Based on the available evidence, we found that the NLWR designs we analyzed
are not likely to be significantly safer than today’s nuclear plants. In fact,
certain alternative reactor designs pose even more safety, proliferation, and
environmental risks than the current fleet.
URL: <https://www.frackcheckwv.net/2023/03/02/small-modular-nuclear-reactors-
bad-deal-or-terrible-deal/>
# [EYES ON THE SHELL ETHANE CRACKER FACILITY IN S.W. PA ~ Zoom
3/1/23](https://www.frackcheckwv.net/2023/03/01/eyes-on-the-shell-ethane-
cracker-facility-in-s-w-pa-zoom-3123/)
[![](https://www.frackcheckwv.net/wp-
content/uploads/2023/03/DCA61B84-F5D4-4F35-B3AD-A12BBD9DA24E-300x206.jpg)](…
content/uploads/2023/03/DCA61B84-F5D4-4F35-B3AD-A12BBD9DA24E.jpeg)
The Shell Ethane Cracker Facility appears to have challenging performance due
to complex startup activities
**Eyes on Shell Monthly Meeting, Beaver County, Pennsylvania. March 1, 2023**
From the [Beaver County Marcellus Awareness Community, Ambridge,
PA](https://us02web.zoom.us/meeting/register/tZ0pdeGprj8qH9b1ZZrasEDVuwnYVxWpGtX8),
3/1/23
**All of us, no matter where we come from or what we look like, want to live
in a safe, healthy environment where our families can thrive. But fossil fuel
lobbyists and the politicians they pay for are once again sacrificing our
health for their profits. We are coming together as a community to protect our
families and hold Shell accountable for the damage they will do to our
environment.**
Connect with **Eyes On Shell** , and learn more about: -monitoring processes,
-expected air contaminants, -water pollution, -health impacts ….
Join us to learn about steps you can take to protect yourself, and your loved
ones from harm. You can be part of the Eyes on Shell watchdog team. If you
see, smell, or hear something that doesn’t seem right, let us know.
eyesonshell(a)gmail.com ……. (724) 923-3244
Note: By registering for this event you give permission for the organizers to
send related emails to you.
**Time** ~ [You can choose to attend the following
session](https://us02web.zoom.us/meeting/register/tZ0pdeGprj8qH9b1ZZrasEDVuwnYVxWpGtX8).
~ Mar 1, 2023 07:30 PM
<https://us02web.zoom.us/meeting/register/tZ0pdeGprj8qH9b1ZZrasEDVuwnYVxWpGt…>
**Our mailing address is:**
Beaver County Marcellus Awareness Community
P.O. Box 31, Ambridge, PA 15003
URL: <https://www.frackcheckwv.net/2023/03/01/eyes-on-the-shell-ethane-
cracker-facility-in-s-w-pa-zoom-3123/>
# [WV Legislature ~ House Bill (HB-3110) To Add Oil & Gas
Inspectors](https://www.frackcheckwv.net/2023/02/28/wv-legislature-house-bi…
hb-3110-to-add-oil-gas-inspectors/)
[![](https://www.frackcheckwv.net/wp-
content/uploads/2023/02/DF321E80-BB6F-4DFB-92BC-C21B309C099A.jpeg)](https:/…
content/uploads/2023/02/DF321E80-BB6F-4DFB-92BC-C21B309C099A.jpeg)
Contact WV State Senators who can (might) do the right thing(s)?
**WV Legislature HB-3110 for Oil & Gas Inspectors Passes House, Now in Senate
Finance Committee**
From an [Article by Mike Tony, Charleston
Gazette](https://www.wvgazettemail.com/news/legislative_session/wv-house-
passes-bill-to-boost-funding-for-states-understaffed-financially-strained-oil-
and-gas/article_c99c0b82-b975-514e-aba7-cbfd1f452b0d.html), February 23, 2023
**The West Virginia House of Delegates approved a bill that would increase
funding for the state Office of Oil and Gas after rejecting an amendment from
Delegate Evan Hansen, D-Monongalia, that would have given the office a bigger
financial boost.**
The West Virginia House of Delegates passed the bill without opposition or
debate Thursday that would bolster funding for the state’s understaffed,
financially stressed gas and oil well inspection unit. **The House approved
this HB-3110 in a 98-0 vote, sending it to the Senate.**
**The state Department of Environmental Protection has estimated the bill
would raise roughly $2 million annually to be allocated to the Office of Oil
and Gas** , which is responsible for monitoring the exploration, drilling,
storage and production of natural gas and oil in West Virginia. The office is
in charge of monitoring 75,000 wells statewide. The bill would allocate 0.75%
of oil and gas severance taxes and a tiered system of annual well oversight
fees to benefit the Office of Oil and Gas.
**HB 3110 would impose an annual $350 fee per well for an operator’s first 400
unplugged wells** that produce an average of 250,000 cubic feet of natural gas
or more per day. The bill would impose an annual $75 fee per well for an
operator’s first 400 unplugged wells that produce an average of between 60,000
and 250,000 cubic feet of gas per day.
The legislation would impose a $25 fee for an operator’s first 4,000 wells
that produce between 10,000 and 60,000 cubic feet of gas per day, with
operators with 500 or fewer unplugged wells producing in that range of gas
excluded from that fee.
The House had rejected an amendment proposed by Delegate Evan Hansen,
D-Monongalia, that would have removed the 400- and 4,000-well caps on
unplugged wells for which operators would have to pay oversight fees to
support the Office of Oil and Gas. Hansen and environmental health proponents
have argued that large producers can afford and should be required to pay more
to support the state’s oil and gas regulators.
**Stephanie Catarino Wissman, executive director of American Petroleum
Institute Pennsylvania** , Appalachia Region, showed a lack of support for any
fee-driven approach to supporting West Virginia environmental regulators.
Wissman said the industry backs supporting the DEP through the existing
severance tax. “[W]e need policies that enable investment in drilling and
energy infrastructure, not additional taxes and fees,” Wissman said.
**The DEP reduced the size of the Office of Oil and Gas from about 45 to 25
staff members in 2020 over a lack of funding stemming from a decrease in
revenue from the one-time permit fees the office relies on for support.**
**DEP Deputy Secretary Scott Mandirola has said HB 3110’s tiered fee system
followed discussions with industry.** Mandirola told the House Energy and
Manufacturing Committee prior to its approval of HB 3110 the Office of Oil and
Gas’ 10 well inspectors are dwarfed by Pennsylvania’s 66 and Ohio’s 38. (West
Virginia is the nation’s fourth-largest gas producer. The WV DEP has planned
to bring back 10 inspectors to get back to the 20 the Office of Oil and Gas
had prior to the 2020 cutbacks.)
**West Virginia Surface Owners’ Rights Organization co-founder Dave McMahon**
has urged state lawmakers to support around 40 well inspectors instead of
going back to the 2020 status quo. Before the Energy and Manufacturing
Committee earlier this month, McMahon cited a 2018 study of West Virginia well
sites by Princeton and McGill university researchers that found active
conventional wells are a significant source of methane emitted into the
atmosphere.
**Environmental, royalty and surface owner advocates have urged the
Legislature to shore up funding for the Office of Oil and Gas in recent
years** , citing lost royalties and harmful methane emissions due to gas leaks
thriving with limited monitoring stemming from an understaffed inspection
unit.
**The study estimated that each active conventional well loses roughly 9% of
production. Researchers found that the emission factor used by the U.S.
Environmental Protection Agency to project methane emissions from conventional
active wells underestimates those emissions by 7.5 times.**
Methane is typically released alongside other air pollutants that can cause
cancer, asthma, premature birth and other devastating health outcomes. Also,
methane traps at least 80 times as much heat in the atmosphere as carbon
dioxide over a 20-year period, accelerating climate change that is driving an
increase in major floods and power outages — to which West Virginia is
especially prone.
#######+++++++#######+++++++#######
**HOUSE BILLS,** [HB-3110, “Relating to funding the Office of Oil and Gas in
the Department of Environmental
Protection”](https://www.wvlegislature.gov/Bill_Status/bills_history.cfm?IN….
West Virginia Legislature, February 28, 2023. HB-3110 assigned to Senate
Finance Committee.
URL: <https://www.frackcheckwv.net/2023/02/28/wv-legislature-house-bill-
hb-3110-to-add-oil-gas-inspectors/>
# [VIRGINIA Should Stay in the Regional Greenhouse Gas Initiative
[RGGI]](https://www.frackcheckwv.net/2023/02/27/virginia-should-stay-in-the-
regional-greenhouse-gas-initiative-rggi/)
[![](https://www.frackcheckwv.net/wp-
content/uploads/2023/02/0FBF55F3-4D77-4538-98AC-48E0BABEA96F-300x168.png)](…
content/uploads/2023/02/0FBF55F3-4D77-4538-98AC-48E0BABEA96F.png)
Most all the northeastern states are in the RGGI
**ZOOM SESSION: Reminder ~ Join us Wednesday to save Virginia 's RGGI
funding!**
From the [Action Alert of Zander Pellegrino, Chesapeake Climate Action
Network](https://actionnetwork.org/events/defend-rggi-public-comment-writin…
party/), 2/25/23
**Bad news, Virginia! Governor Glenn Youngkin is moving forward on his
extremely unpopular crusade to remove Virginia from the Regional Greenhouse
Gas Initiative (RGGI).** A recent poll found that huge bipartisan majorities
of Virginians, including a plurality of Republicans, want to stay in RGGI. Yet
four appointees on the Virginia Air Pollution Control Board – all hand-picked
by Governor Youngkin – voted to remove us from RGGI.
**Virginia has already received over $523 million from RGGI.** But Governor
Youngkin's scheme puts us at risk of losing vital funds to prevent flooding
and would throw our state's carbon cap-and-trade market into chaos.
**Now the decision to leave RGGI is up for public comment and we need YOUR
voice! Join CCAN and fellow climate activists for a virtual comment-writing
party on Wednesday March 1 at 6:30 PM.** [RSVP
today!](https://actionnetwork.org/events/defend-rggi-public-comment-writing-
party/)
We’re hosting this comment-writing party to make sure Virginians like YOU are
heard. The League of Conservation Voters, Appalachian Voices, Nature Forward,
and Sierra Club will be joining us.
**Our featured speakers – Megan Root and McKenzie Brocker – work for the city
of Roanoke on climate adaptation and sustainability. They will share what RGGI
funding can mean for their part of Virginia.**
**Then we will go into breakout sessions** where organizers will coach you on
how to craft a strong comment. By the end of the hour, your comment will be
ready for submission on the online portal! We will even help you navigate the
website to make sure yours gets in. Sign up today!
Last fall, we submitted 838 comments and an overwhelming number were in favor
of RGGI. Generating another immense outpouring of support for RGGI will not
only build the case against the Air Board repeal, it will also bolster RGGI’s
support with lawmakers in the VA state legislature – where RGGI’s fate is
legally decided.
**And we will keep fighting!** [So RSVP today to join us Wednesday March 1 at
6:30 PM for a public comment-writing
party.](https://actionnetwork.org/events/defend-rggi-public-comment-writing-
party/)
_See you there, Zander Pellegrino, CCAN, 2/25/23_
<https://actionnetwork.org/events/defend-rggi-public-comment-writing-party/>
URL: <https://www.frackcheckwv.net/2023/02/27/virginia-should-stay-in-the-
regional-greenhouse-gas-initiative-rggi/>
# [§ Shale Gas Drilling & Fracking Quite Active But Moderating ~ $-Natural Gas
Much Cheaper](https://www.frackcheckwv.net/2023/02/25/%c2%a7-shale-gas-
drilling-fracking-quite-active-but-moderating-natural-gas-much-cheaper/)
[![](https://www.frackcheckwv.net/wp-
content/uploads/2023/02/4B5B7645-8E2F-42B0-97F6-7B0B52F2A982-300x147.png)](…
content/uploads/2023/02/4B5B7645-8E2F-42B0-97F6-7B0B52F2A982.png)
Natural gas forecast doesn’t reflect the current volatility!
**Chesapeake Energy to reduce drilling amid natgas price slump**
From an [Article by Reuters, Business & Industry
Connection](https://www.bicmagazine.com/industry/drilling-
exploration/chesapeake-energy-to-reduce-drilling-amid-natgas-slump/), February
23, 2023
**(Reuters) U.S. natural gas producer Chesapeake Energy Corp said it would
pull back on drilling and completing wells this year as natural gas prices
have crashed to a quarter of what they were last summer.**
**Chesapeake** said it will drop two rigs in the Haynesville region that
covers parts of Texas, Arkansas and Louisiana this year, and one rig in
Marcellus shale of Pennsylvania and West Virginia. "We certainly see that it's
prudent to pull back capital, and we think we're seeing others do the same,"
Chief Executive Nick Dell'Osso said of energy firms pulling back in a shale
gas play in Louisiana and east Texas. "We're making money on the capital that
we are investing but the margins are not nearly on a full cycle basis what
they were historically," he added.
Other operators, primarily private firms, were also pulling back activity in
that region, he said. Earlier this month, **Comstock Resources** Inc said it
would cut drilling rigs to seven from nine this year.
**Henry Hub natural gas futures on Wednesday briefly dipped below $2 per
million British thermal units (mmBtu) for the first time since September 2020,
and were down from last year 's $8 peak.**
Shares of Chesapeake were up 2.3% to $79.77 in midday trading. Chesapeake,
which previously announced plans to sell its oil position to focus on gas
production, on Tuesday said it would sell oil assets in South Texas to
chemical maker **INEOS** for $1.4 billion.
That deal comes a month after it agreed to sell a separate part of its assets
there to **Wildfire Energy** for $1.43 billion. Chesapeake expects to receive
$1.7 billion in after-tax proceeds from those sales. Rival shale oil producer
**Diamondback Energy** on Wednesday said it was increasing its non-core asset
sale target to at least $1 billion by the end of this year, up from $500
million previously.
#######+++++++#######+++++++#######
**Natural Gas Price Volatility ‘Simply Noise’ for Heavily Hedged CNX, Says
CEO**
From an [Article by Andrew Baker, NGI Shale
Daily](https://www.naturalgasintel.com/natural-gas-price-volatility-simply-
noise-for-heavily-hedged-cnx-says-ceo/), January 27, 2023
**CEO Nicholas Deluliis hosted a conference call to discuss fourth-quarter and
full-year 2022 results for Canonsburg, PA-based CNX, formerly part of CONSOL
Energy of Pittsburgh.**
Appalachian Basin pure-play **CNX Resources Corp.** is aiming to lock in
elevated natural gas prices and protect itself from market swings through an
aggressive hedging strategy.
Also, “from a macro perspective, we expect the recent pricing volatility to
continue in 2023 as the US domestic markets continue to fluctuate with
shifting weather expectations, uncertain domestic production levels,” and
growing liquefied natural gas demand from around the world. “How gas prices
unfold in 2023 will depend on a difficult to predict combination of those
three core elements.”
The CEO said “while the extreme volatility in the natural gas markets will
significantly impact near term results, prices along the strip are still
materially higher than in recent years and as such, the rates of returns on
previous capital investments remain not just high, but improved in this
environment…” As a result, “the future business plan not only remains intact,
but even stronger,” he added.
CNX is forecasting capital expenditures (capex) of $575-675 million in 2023,
including $430-475 million for drilling and completions. Total capex in 2022
was $566 million. Plans are to run one to two drilling rigs and one
continuous, all electric hydraulic fracturing crew throughout the year,
Deluliis said.
**‘Modestly Lower’ Output** ~ CNX is expecting “modestly lower” production in
2023 versus 2022, he said. Management expects production levels to be at their
lowest during the first quarter, then to accelerate as the year progresses.
Production “is a result for us, not an objective within our strategy and
business model,” he told analysts.
“Most importantly, we’re expecting to return to our 2022 production level run
rate around mid-year 2023 plus or minus, and from there return to more
elevated annual levels in 2024 and beyond,” the CEO said.
Also, “this annual capital budget assumes a full year of the increased
inflationary cost environment that we experienced during the latter part of
2022 and reflects our desire to use the highest quality crews and products and
to make the best long-term focused decisions to help derisk our plan.”
The company expects to bring online 30 wells for the year, including 27 in
Southwest Pennsylvania (SWPA) and three in Central Pennsylvania. The SWPA
wells would comprise 23 in the Marcellus Shale and four in the Utica Shale,
with average lateral lengths of 14,500 feet and 13,600 feet, respectively.
**Deluliis noted that “today’s higher capital costs are more than offset by
the increased pricing outlook that we continue to hedge into.” The company has
hedged 82% of its expected natural gas volumes for full-year 2023.**
The company “will continue to add higher priced hedges in what is an elevated
natural gas price environment compared to when a lot of the hedges were
originally put on,” Deluliis said. He added, “Locking in these increased
pricing levels translates to significant future margin expansion that will add
material free cash flow compared to the original seven-year plan that we put
out in 2020.”
**In other words, “we believe that the volatility that we’re seeing in the
commodity markets [is] simply noise as it relates to our sustainable business
model and long-term plan,” said Deluliis.** “Despite the uncertainty in the
gas markets we are currently seeing in 2023 along with the uncertainty around
the broader economy, we are confident in the sustainable business model that
we have created.”
As to the potential for mergers and acquisitions (M&A), Deluliis said, “I
think the kind of bolt-on opportunities are fairly reduced at this point.
There’s not a lot of private equity operators left and we always compare any
potential M&A opportunity to the opportunity of doing M&A on ourselves through
our buybacks, so it’s a pretty high hurdle when you come at it from that
perspective. There’s currently nothing kind of on our radar from that
perspective given where our share prices are trading.”
CNX generated a company record $707 million of free cash flow in 2022,
Deluliis highlighted. The company fetched an average realized gas price after
hedging off $2.76/Mcf during 4Q2022, versus $2.54 in 4Q2021. The full-year
average price was $2.92/Mcf in 2022, up from $2.57 in 2021.
**Realized hedging losses totaled $360 million during the fourth quarter,
compared to losses of $400 million in the corresponding 2021 period.**
Production averaged 1.53 Bcfe/d in 4Q2022, down from 1.72 Bcfe/d in 4Q2021.
Full-year 2022 production averaged 1.59 Bcfe/d, compared to 1.62 Bcfe/d in
2021.
CNX reported net income of $1.17 billion ($6.64/share) for the fourth quarter
of 2022, up from $630 million ($3.02) in 4Q2021. For full-year 2022, CNX
posted a net loss of $142 million (minus 75 cents/share), versus a loss of
$499 million (minus $2.31) in 2021.
URL: <https://www.frackcheckwv.net/2023/02/25/%c2%a7-shale-gas-drilling-
fracking-quite-active-but-moderating-natural-gas-much-cheaper/>
# [Some Growing Threats from Chemical Pollution ~ Frac Sand Sentinel
#431](https://www.frackcheckwv.net/2023/02/24/some-growing-threats-from-
chemical-pollution-frac-sand-sentinel-431/)
[![](https://www.frackcheckwv.net/wp-
content/uploads/2023/02/11A73B7B-186F-4BC4-9769-E3B738027F22-300x180.jpg)](…
content/uploads/2023/02/11A73B7B-186F-4BC4-9769-E3B738027F22.jpeg)
Cool & clear & clean water is wonderful and necessary …!
**Growing Threats of Land Disturances, Water Contamination & Air Pollution**
From the [Article of Patricia Popple, Frac Sand Sentinel
#431](https://wisair.wordpress.com/), February 23, 2023
**Chemical additives of all varieties have been added to the hydraulic
fracturing process along with frack sand and water to crack open fissures in
the earth 's layers to allow oil and gas to leave the formation. In addition,
various chemicals are added to the cleaning process when frack sand is
blasted, crushed, washed and processed at facilities located throughout the
United States. The additives are not disclosed to the public. Should we be
concerned about our water, our soil, and our air and what has been added to
our environment just to allow the fossil fuel industry to function without
concern for life on this planet?**
Other industries are known chemical pollutors too, and they have been doing so
for many decades. It is not that we haven't known about it. We have been made
aware of the issues over many years. Finding "forever chemicals" in our
drinking water only serves to highlight the severity of the issues we face
currently but also in the future for generations to come.
This past week, I received a YouTube video link from a friend in St. Paul. It
involved a discussion between a scientist and Nate Hagens known for his
interest in health and environmental issues. I urge you to watch it. It may be
longer than you would like, but it will give you an understanding of the
issues we face and a challenge to all of us to take action to end the use of
chemicals known to cause damages to all living things. Plastic use is also a
topic of discussion.
[The link is HERE!](https://youtu.be/2wgcCd7TOyo) ………. OR the same link below:
[https://www.youtube.com/watch?v=2wgcCd7TOyo](https://youtu.be/2wgcCd7TOyo)
#######+++++++#######+++++++#######
**CHECK OUT THE WEBSITE** : wisair.wordpress.com and for additional
information, click here for panoramic aerial views of frac sand mines,
processing plants, and trans-load facilities. FracTracker.org is also an
excellent source of information and a picture source.
URL: <https://www.frackcheckwv.net/2023/02/24/some-growing-threats-from-
chemical-pollution-frac-sand-sentinel-431/>