Monday, January 28, 2013

Correction and Commentary




I would like to correct a couple of elements of Ms. Wishard's most recent “Geauga Down Under” article regarding the Munson township shale gas meeting held at Notre Dame school.

First, the article quotes senator Eklund as claiming that “open pits for [storing fracking waste water] have been banned for some time”. The senator's claim is incorrect.

On the other hand, the article quotes ODNR Lead Inspector Tom Hill as saying that "[open] tanks or pits are used for fresh water, not brine”. On the contrary, Tom Hill correctly stated what Ohio law does indeed permit. To quote Ohio law:

“Pits may be used for the temporary storage of frac-water and other liquid substances produced from the fracturing process, but upon termination of the fracturing process, pits not otherwise permitted by this rule shall be emptied, the contents disposed of in accordance with law and the pits filled in, unless this requirement is waived or extended “

It is important for our elected officials to know oil and gas law, especially as it potentially impacts the well-being of their constituents. We, the future residents of shale gas extraction areas, have legitimate concerns about this waste. Although Ohio law still allows contents of frac-water to be kept trade secrets, chemicals that are known to have been used in the process include carcinogens, hormone disruptors and various other toxins. Open pits of this waste will allow some of these chemicals to become air-borne, especially during our hot summers. A 2012 Cornell University study documented two dozen incidents of livestock poisoning across six states due mainly to ingestion of exposed frac-water. Moreover, a number of studies, including those of the USGS and Penn State, show that this waste water can be highly radioactive. A 2011 report by the New York Times found that, of 200 Marcellus wells investigated, 42 produced waste water that was radioactive. For some, the water contained 1500 times the safe limit for radioactive radium.  Indeed, within the past week, the Pennsylvania Department of Environmental Protection announced plans for a year-long study of radioactivity in fracking waste water produced from its shale wells (much of which, incidentally, gets trucked to and disposed of in Ohio).

I'd also like to correct something that Senator Eklund falsely implied at the meeting: That “local control” means that locals – maybe farmers, school bus drivers, the local diner wait staff – will become oil and gas inspectors if townships are allowed to regain, from the state, the ability to have a say in drilling decisions. This is ridiculous.
“Local control” largely means that communities can use their zoning laws to tighten state law. For example, state law allows for shale gas wells to be located within 150 feet of any occupied building (school, house) and within 50 feet of any river or lake. Locals might rather extend these distances.
“Local control” also means that communities can opt out of allowing this kind of development in their area, forever or at least until they have a sense that it can be done without sacrificing the health and happiness of the locals.
In short, local control is democracy.

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