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Local organization seeks ‘right to know’ for fracking waste transported to, stored in county wells

Donna Carver speaks to the Morrow County Emergency Management Agency

Donna Carver speaks to the Morrow County Emergency Management Agency

MORROW COUNTY — “The Local Emer­gency Plan­ning Com­mis­sion got a les­son in a poten­tial haz­ard to emer­gency respon­ders when Donna Carver, of Pro­tect­ing Our Water and Envi­ron­men­tal Resources (Mor­row County POWER), addressed the group at their March 14 meeting.

Carver, a 30-year Mor­row County res­i­dent and LPN, has been research­ing med­ical and health related issues in Ohio since 1998. In recent years she became inter­ested in hydraulic frac­tur­ing and injec­tion wells and the pos­si­ble health risks to emer­gency per­son­nel and cit­i­zens alike. The issue Carver raises con­cerns the dis­posal of brine and waste from hor­i­zon­tal frack­ing and the right of the pub­lic to know what is being trans­ported through and stored in their county.

Carver acknowl­eged though there are not cur­rently hor­i­zon­tal frack­ing wells in Mor­row County, ‘we do have the flow­back waste from other wells, which is so toxic it has to be injected into the ground into injec­tion wells. Trucks car­ry­ing this waste travel through the county,’ she said.

The issue of the trans­port of waste and the public’s right to know what is being moved through the county is POWER’s top concern.”

— Randa Wagner, The Morrow County Sentinel

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Environmental groups claim Ohio in violation of federal law

WCMH: News, Weather, and Sports for Columbus, Ohio

COLUMBUS — “Several environmental groups claim laws passed in Ohio that exempt the oil and gas industry chemical disclosure violate the United State’s EPA ‘Community Right To Know Act.’

Teresa Mills, from the Center for Health, Environment & Justice, filed a formal petition with the U.S. EPA claiming during and before a spill, first-responders and neighbors have a right to know what chemicals are used in their community.

Mills said, ‘Ohio has been in violation of EPCRA since 2001 when state lawmakers passed House Bill 94 and further compounded by passage of Senate Bill 315 in 2012.’”

— Rick Reitzel, nbc4i.com

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Kasich tones down his promotion of oil and gas drilling

Ohio House Speaker Bill Batchelder (Medina) applauds Gov. John Kasich during his 2013 State of the State speech.

Ohio House Speaker Bill Batchelder (Medina) applauds Gov. John Kasich during his 2013 State of the State speech.

LIMA — In his State of the State speech last night, Ohio Governor John Kasich was restrained in his promotion of oil and gas drilling in Ohio.

In 2012, Kasich was an enthusiastic champion of what he called the “shale boom.”  In March, he even told WCMH-TV in Columbus that one energy company assured him “they were going to take a trillion dollars’ worth of value out of our state.” This claim was dismissed by industry analysts. His Administration and the legislature pushed through a new state law, S.B. 315, to make things as easy as possible for drilling companies from Oklahoma and Texas to use hydraulic fracturing (fracking) in Ohio.

Last night’s speech

And let’s just talk about our philosophy in one area — oil and gas. We believe in having an environment where we can prosper the oil and gas industry, but we also believe that in the process of doing it, we cannot endanger people and we cannot endanger the environment. And if you use common sense, you, in fact, can protect the public safety. You, in fact, can protect the environment and you can create jobs, and we are doing it in Ohio. . . .

The only other reference to oil and gas was a few words for his proposed increase in the severance tax in the state budget. It ended with a mild suggestion: “Look at our tax cut plan, and keep that family sitting around that table in mind as we move forward on this issue.”

— Paul Ryder, Assistant Director, Ohio Citizen Action

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Oil and gas lobby releases voter’s guide to Ohio legislative races

WASHINGTON, DCOil and gas lobby group Energy In Depth has produced a voter’s guide to this year’s general election, including Ohio state legislative races. The lobby group was created in 2009 with initial funding from El Paso Corporation, XTO Energy, Occidental Petroleum, BP, Anadarko, Marathon, EnCana, Chevron, Talisman, Shell, API, IPAA, Halliburton, Schlumberger and the Ohio Oil and Gas Association.

The guide compares the records and statements on hydraulic fracturing of key races in Ohio’s shale regions, beginning with the Ohio Senate District 20 race between Sen. Troy Balderson and Teresa McGraner Scarmack.

Paul Ryder, Assistant Director, Ohio Citizen Action

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Hagan introduces bill to disclose fracking chemicals

Rep. Robert F. Hagan

COLUMBUS — “State Rep. Robert F. Hagan (D-Youngstown) and state Sen. Michael J. Skindell (D-Lakewood) today introduced companion legislation addressing the concerns of many Ohioans regarding the chemicals used in hydraulic fracturing by the oil and gas industry. The bills, House Bill 596 and Senate Bill 379, propose to reverse the gag order that was placed on medical professionals through SB 315, and expand the reporting requirements for oil and gas well permits.

‘It’s bad public health policy for legislators to take prescriptions from the oil and gas industry, and that’s exactly what they did when writing the gag order,’ said Hagan in a prepared statement. ‘Ohioans would be better served by doctors deciding what is right for their patients, not by oil and gas executives trying to suppress vital medical information. We certainly don’t use family physicians to operate rotary rigs, so I don’t see why we should let oil tycoons decide what kind of information is medically necessary.’

The legislation would also expand how medical professionals can access the chemical information they need to properly treat their patients. Additionally, if enacted, the bills would broaden the reasons for which a medical professional can request this information and the ways in which a patient can be deemed adversely affected.”

— The Business Journal 

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Ohio Citizen Action asks OSHA if Ohio fracking law violates federal safety standard

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health

CLEVELAND — –I sent a letter to the Occupational Safety and Health Administration (OSHA), on July 16, asking Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, “to inquire (1) whether, in OSHA’s view, the provisions of the new law identified in the attachment conflict with the federal hazard communication standard, and if so, (2) what recourse is available to OSHA, and (3) what recourse is available to Ohio Citizen Action members, individually or collectively.””

Ohio’s new fracking law makes it difficult for doctors, nurses, and emergency medical service people to obtain and use  information about the chemicals used in oil and gas drilling. OSHA, the federal agency charged with the enforcement of safety and health legislation, enforces the “Hazard Communication Standard.” The Hazard Communication Standard is a federal rule that requires employers to give access to information about hazardous chemicals in the workplaces to their employees.

— Nathan Rutz, Cleveland campaign organizer, Ohio Citizen Action

Read the full text of the letter

addendum

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State’s ‘medical gag rule’ called an illegal gift to gas drillers

SCRANTON, PA — “Kowtowing to natural gas-drilling companies, Pennsylvania enacted an unconstitutional ‘Medical Gag Rule’ that prevents doctors from speaking to patients or the public about the health dangers of fracking, under the guise that such speech would violate ‘trade secrets,’ a doctor claims in Federal Court.

Dr. Alfonso Rodriguez sued the Pennsylvania attorney general, its secretary of environmental protection and the chairman of its Public Utility Commission.

Rodriguez claims Act 13 of 2012, signed into law on Feb. 14, forces medical professionals into ‘a vague confidentiality agreement,’ and that obeying the law would force him ‘to violate ethical rules imposed upon him by the medical profession that could cost (him) his license to practice medicine within the Commonwealth.’”

— Erin Mcauley, Courthouse News Service

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Lax fracking law puts doctors at a disadvantage in treating patients exposed to carcinogens

Dr. Anne Wise

CLEVELAND — “Gov. John Kasich signed a bill into law that hides fracking chemicals from physicians, nurses and emergency responders. Yes, drilling companies have to disclose exactly what chemicals they are using, but not until 60 days after a well is completed. Even then, they don’t have to reveal “trade secret” chemicals. Fracking, unlike other industries, can designate anything as a trade secret. Drilling site crews do not have the right to know the hazardous materials they handle. Fracking fluids are composed of hundreds of different chemicals, including benzene products, dioxins, PCPs and formaldehyde — known carcinogens and highly toxic.

Doctors supposedly can access this proprietary information, but — in the midst of an emergency — we have to track down whatever chemical company claimed the trade secret, fax or call in a request, and wait. The law does not require that this information be provided within a specified time. Furthermore, our lawmakers decided that we can use this information only for treating an individual patient. If there’s a spill or well leak in your community, your doctor isn’t allowed to tell you what you might have been exposed to — unless you’re already hurt.

Medicine is advanced by research. This law prevents researchers from adequately studying populations living near gas wells. How convenient for frackers that our law prevents science that might identify current or future health problems caused by their technology.”

— Dr, Anne Wise, letter to the editor, Cleveland Plain Dealer

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Ohio harmed by industry’s trade secrets

Melissa English, Ohio Citizen Action

CINCINNATI — “How fitting that the letter ‘Fracking industry lies about dangers,’ decrying the misinformation from the oil and gas industry about fracking, should appear just below Walter Williams column about what he calls ‘the first fundamental law of demand’ (‘Tyrants use human nature for benefits’ July 23). As Williams points out, the lower the cost of an action, the more incentive people have to act. This principle plays out with fracking because the Halliburton loophole, which allowed the industry to ignore managing their toxic waste in accordance with the Safe Drinking Water Act and other laws designed to protect public health and the environment, greatly reduced the cost of fracking.

The industry has further secured their exceptionalism in Ohio recently, by inserting provisions in a new law allowing them to claim as many chemicals as they wish as trade secrets. They are not required to disclose trade secret chemicals even to the agency regulating them. Under the law, medical professionals are supposed to have access to this information in order to treat victims of chemical exposure, but there is no explanation of how this might happen beyond the suggestion that they contact the person who claimed the trade secret. Who is that, the driller? The chemical’s manufacturer? Even supposing doctors do receive the information they need to diagnose and treat one victim, the law says they can t share it, even to prevent harm to others. This secrecy only benefits the industry and at a terrible cost. Shame on our lawmakers for going along with this travesty.”

— Melissa English, Development Director, Ohio Citizen Action

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Tax the drillers; use the money to regulate them better: editorial

CLEVELAND — “Any new revenue captured from drillers should bolster state environmental and natural-resource regulation.

Beyond that, much of Ohio’s surplus should be banked in the state’s rainy-day savings account, the state Budget Stabilization Fund.

…In the meantime, state lawmakers should raise oil and gas fees to bolster the state’s oversight of drillers. ”

— editorial, Cleveland Plain Dealer

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Gov. John Kasich’s executive order gives state gas and oil chief broad authority over injection wells

Rick Simmers, Chief, Division of Oil and Gas Resources Management, Ohio Department of Natural Resources, holds a core sample of Marcellus shale.

COLUMBUS — ” Drilling an injection well for disposal of fracking fluids used in shale gas production became much more difficult and expensive on Tuesday.

Gov. John Kasich issued an executive order granting the state’s oil and gas chief Rick Simmers czar-like authority over injection well permitting.

The order makes it clear that the governor wants the Department of Natural Resources to be more of a watchdog than merely a permit processor for the industry.

Simmers now has the authority to require a bevy of tests before a well is drilled and even after it is operational.

The new rules apply to all injection well applications, even those filed before Tuesday.

Under the order, Simmers can:

• Order seismic testing before an injection well is drilled and seismic monitoring afterward.

• Order an X-ray examination of the bottom of the well bore after it is drilled to look for faults in the bedrock. ”

— John Funk, The Plain Dealer

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New rules issued for disposal wells

Associated Press

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Two lethal amendments in Ohio’s new hydraulic fracturing law

Richard Sahli, Columbus attorney, former Chief Counsel, Ohio EPA

COLUMBUS – “And don’t forget the ultimate Catch-22 undermining the whole process: How can you determine what can injure you if you are not given the “chemical identity” in the first place, because that is the very thing that its being declared a trade secret is designed to conceal?”

— Richard Sahli memo to Sandy Buchanan, Executive Director, Ohio Citizen Action, June 25, 2012

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Thousands protest at statehouse against fracking

COLUMBUS — ” Thousands from around the state traveled to downtown Columbus on Sunday to send Gov. John Kasich a message about fracking.

Fracking is the name given to the process of injecting water and chemicals into rock to help extract natural gas, 10TV’s Kevin Landers reported.

Some said that they want fracking to stop because of the environmental implications of the process, but other said that the environmental concerns are unfounded.

‘I’m here to see if we can get fracking, if not slowed down, stopped here in Ohio, because I’m really worried about the environment,’ said Kathi Scali of Athens.

John Pais of Huron said that he agreed.

‘The long term impacts on our environment are going to be devastating,’ Pais said.

Members of Don’t Frack Ohio marched from Arch Park to the Ohio Statehouse steps. ”

10TV News

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Fracking law is a waste of ink without increased taxes and fees

CLEVELAND — “In addition, loopholes in the law need to be closed on a range of issues, from chemical disclosures and groundwater testing to water use and road wear and tear. By redefining advanced and renewable energy, the 151-page bill also could upend the financial viability of up to $2 billion in planned wind-energy investments in Ohio. Lawmakers need to revisit this legislation, for all the right reasons.”

— editorial, Cleveland Plain Dealer

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Kasich signs Ohio’s new gas drilling rules in Akron

AKRON — “The new rules cover well construction, disclosure of chemicals and water-usage reporting.

The bill encourages well operators to negotiate road agreements with local communities, allows appeals to the Ohio Oil and Gas Commission for certain drilling operations and calls for daily fines of up to $20,000 for violations.

Drillers must test neighbors’ drinking-water wells within 1,500 feet of a natural gas well. Previously, only wells within 500 feet had to be tested before drilling could begin.

Drillers must also reveal where they are getting the fresh water for hydraulic fracturing, something not previously required.

The new law also requires listing most chemicals and additives in drilling solutions.

Some environmental groups are unhappy, however, with provisions of the bill that allow some chemicals to remain trade secrets and prohibit medical personnel from publicly disclosing any chemical-exposure issues.

There are also new rules on injection wells used to pump drilling wastes into underground rock formations.”

— Bob Downing, Akron Beacon Journal

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Kasich: Bill is tough but fair

— Marc Kovac, Youngstown Vindicator

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