PA Lawmaker Challenges DEP... - The HuntingPA.com Outdoor Community
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post #1 of 27 (permalink) Old 11-02-2012, 05:16 PM Thread Starter
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PA Lawmaker Challenges DEP...

The Pennsylvania Department of Environmental Protection produces incomplete lab reports and uses them to dismiss complaints that Marcellus Shale gas development operations have contaminated residential water supplies and made people sick, according to court documents.

In response, state Rep. Jesse White, D-Cecil, Thursday called on state and federal agencies to investigate the DEP for "alleged misconduct and fraud" revealed by sworn depositions in a civil case currently in Washington County Common Pleas Court.

Read more: http://www.post-gazette.com/stories/loca.../#ixzz2B5fcUWz2
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post #2 of 27 (permalink) Old 11-03-2012, 05:03 PM
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Re: PA Lawmaker Challenges DEP...

http://eidmarcellus.org/marcellus-sh...ed-wolf/14982/

<span style="font-style: italic">White is claiming DEP unlawfully omitted test results to landowners who had filed grievances regarding potential contamination from natural gas development because DEP’s report “only includes eight of the 24 metals actually tested for: Barium, Calcium, Iron, Potassium, Magnesium, Manganese, Sodium and Strontium. The homeowner would not be given results for: Silver, Aluminum, Beryllium, Cadium, Cobalt, Chromium, Copper, Nickel, Silicon, Lithium, Molybdenum, Tin, Titanium, Vandium, Zinc and Boron.”

DEP spokesperson, Kevin Sunday, explained why the agency only tests for certain constituents in his response:

“If you’re looking at runoff from a mine site, that is different from looking at runoff from a landfill, and different from contamination due to hydraulic fracturing,” he said. “These are a Marcellus shale specific list of parameters that are most indicative to that contamination.” Using the same suite, the report would not include results for silver, aluminum, beryllium, cadmium, cobalt, chromium, copper, nickel, silicon, lithium, molybdenum, tin, titanium, vandium, zinc and boron. Sunday also said that in order to deduce contamination brought on by Marcellus drilling, there are a plethora of other tests done. “We have a full set of analysis that we run and gives us a very clear indication whether there was any contamination from drilling,” he said. This analysis includes a pre-drilling baseline water test, testing for volatile organic compounds and hydrocarbons, an examination of the geology, the distance to any drilling operations, and whatever other site-specific factors there may be, he said. Suite 943 and 946 also include additional testing parameters. (Beaver County Times, 11/2/12)

</span>

further:

<span style="font-style: italic"> Was it too much to ask that White research the basic facts before leveling his accusations? Apparently. A little investigation using the Frac Focus gateway to state regulations would have quickly revealed other states, with long histories of oil and natural gas development, follow similar practices as Pennsylvania when testing for potential fluid migration or contamination and test for the same things. They follow the lead of the National Groundwater Association (NGWA) and the Groundwater Protection Council (GWPC) which have developed this brochure for landowners discussing recommended steps for testing water both before and after natural gas development. Notice the list of constituents for which they suggest testing and their acknowledgement this can differ from state to state based on several factors:

</span>

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post #3 of 27 (permalink) Old 11-03-2012, 08:42 PM Thread Starter
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Re: PA Lawmaker Challenges DEP...

"Ms. Upadhyay's statements are contained in a 336-page transcript of her deposition taken Sept. 26 for an Environmental Hearing Board case. The case, brought by Loren Kiskadden of Amwell, alleges that DEP's investigation of his well-contamination complaint, which did not find contamination, was inaccurate and incomplete.
Responding to deposition questions under oath, Ms. Upadhyay testified that the DEP's lab found aluminum, copper, silicon, lithium, molybdenum, zinc, nickel, cobalt, titanium and boron in Mr. Kiskadden's drinking water, but didn't report those contaminants to him or the department's water quality specialist on the case.
She also said the lab found volatile organic compounds, including acetone, chloroform and T-butyl alcohol -- industry-recognized components of fracking fluid -- in Mr. Kiskadden's water.
But the DEP, in its contamination determination letter to Mr. Kiskadden, dismissed those findings as laboratory error and concluded his water wasn't contaminated by gas drilling operations 3,000 feet from his home."

further:

scientific studies, including one by the Marcellus Shale Coalition in 2009, have routinely identified the heavy metals found in Mr. Kiskadden's water as contaminants in oil and gas flow back and produced water.

Read more: http://www.post-gazette.com/stories/loca.../#ixzz2BCMLZaca
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post #4 of 27 (permalink) Old 11-03-2012, 08:48 PM
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Re: PA Lawmaker Challenges DEP...

If I was investigating a death by asphyxiation chances are I wouldn't be swabbing for gunpowder residue....

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post #5 of 27 (permalink) Old 11-03-2012, 08:59 PM Thread Starter
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Re: PA Lawmaker Challenges DEP...

If you went to the doctor with a sprained ankle and during the course of the exam, he/she determined you had extremely high blood pressure, you'd expect him/her to tell you....

The issue is not that the DEP lab didn't test for certain things.. they did, and they found them. The issue is that for whatever reason, they decided to suppress that information.
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post #6 of 27 (permalink) Old 11-04-2012, 12:50 AM
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Re: PA Lawmaker Challenges DEP...

I say let the fed's investigate. The loser pays the costs..

Bet the complaint goes away.

Is your position a short term gain - or a long term loss? Separate the issues.
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post #7 of 27 (permalink) Old 11-04-2012, 08:52 AM
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Re: PA Lawmaker Challenges DEP...

The representative is wrong. As are the attorneys that are trying their case in the news. If you call the DEP Office of Oil and Gas Management and tell them that drilling has affected your water well, they are going to send out a water quality specialist to collect a sample. (he may or may not know how to interpret the final data), and an inspector that understands the drilling aspects of casing and cementing. When the sample is sent to the accredited lab, a suite is run to analyze for OIL and GAS related chemicals. (There are really only 3 chemicals that are related to oil and gas drilling.)
If there is no proof that drilling has affected their well, then that is what the DEP Office of Oil and Gas is going to tell you. No affect from drilling. That doesn't mean that there aren't other issues with their water wells. DEP told those people that there were chemicals in their wells and that they should look to other issues, such as the JUNK YARD at the one complainants house!!! Including buried cars, tires, waste oil, etc.
This representative and these attorneys are anti drilling activists trying to make a name for themselves.

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post #8 of 27 (permalink) Old 11-04-2012, 01:25 PM Thread Starter
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Re: PA Lawmaker Challenges DEP...

So is Taru Upadhyay, the division director of DEP’s Bureau of Laboratories, wrong when she said the department’s lab reports to property owners didn’t contain a full array of contaminants found by the lab’s testing.

Is she also wrong when she claims the department’s oil and gas division directed the lab to generate water test reports to homeowners that omitted the full menu of findings for heavy metals (including some carcinogens) and volatile organic compounds?

Link to Taru Upadhyay's deposition: http://www.scribd.com/doc/111821978/Taru-Upadhyay-Depo

Your ad hominem attack on the representative seems a bit disingenuous. I would think the oil and gas industry would want the DEP to maintain sound protocol.
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post #9 of 27 (permalink) Old 11-04-2012, 02:31 PM
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Re: PA Lawmaker Challenges DEP...

I will guarantee you that Taru Upadhyay has no idea what the Office of Oil and Gas Management does with the results of any of those tests. She oversees the testing, not the results! The attorneys are fishing and the state representative is working with those same attorneys. The anti drilling politicians, like these anti drilling lawyers are asking the wrong questions because they have no clue as to how this industry works. I know the players, I told you I have been involved in many aspects of this industry, including drilling of wells and working with the DEP for over 34 years. Why won't you acknowledge the information that DEP has told these folks that there are contaminants in their water wells! Its not from drilling, but it might be from the years of dumping and storing of old vehicles and waste oil all around their water wells. I don't have an anti drilling newspaper or blog to post to everyday and it is very unethical of these lawyers to argue this lawsuit in newspapers and social media!

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post #10 of 27 (permalink) Old 11-04-2012, 02:51 PM Thread Starter
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Re: PA Lawmaker Challenges DEP...

Quote:
Originally Posted by 1trueamerican
Why won't you acknowledge the information that DEP has told these folks that there are contaminants in their water wells!
cite your source? If the DEP is telling these people there is contamination (from whatever source), then why leave it out of the report they sent to the same people(even though their lab testing found it). Sorry, but I need more than a "because I say so" on this.

And again with the ad hominem attacks. The issue here is the DEP found contamination and suppressed those findings. Whether the representative is anti gas or not really has no bearing on his criticism of the DEP. So far, it's you and the DEP saying well he's anti gas because he voted against act 13. How exactly does that change the fact the DEP suppressed test results as evidenced by their own employees?
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