ENERGY & RESOURCES AD HOC COMMITTEE

April 26, 2010

 

** NOT APPROVED ** 


Committee Members Present

K. LaForge and F. Sinclair

 

Committee Members Excused

G. Benson

 

Guest Speaker

Robin Inwood, Sr., Long Consulting

 

Others Present

C. Crandall, J. Margeson, M. Alger, D. Fanton, T. Hopkins, M. Healy, P. Curren, J. Foels, K. Dirlam, S. Grugel, M. Burke, B. Rigby-Riehle, T. Warner, J. Lucey, T. Barber and S. Collins.    

 

 

The Energy & Resources Ad Hoc Committee was chaired by Planning & Economic Development Chairman Fred Sinclair who called the meeting to order at 11:03 a.m.  K. LaForge recused himself from chairing the committee and from any discussion of Marcellus waste disposal.

 

Approval of Minutes

Acting Chairman Sinclair entertained a motion to approve the meeting minutes for February 22, 2010 and March 22, 2010.  Motioned by K. LaForge and seconded by F. Sinclair.  Motion carried 2-0; 1 absent.

 

Guest Speaker

Mr. Robin Inwood, Consultant for Long Consulting, was introduced to speak on behalf of the oil and gas industry.  Mr. Inwood thanked the committee for the input to date regarding the Marcellus issue.  He remarked that “not knowing the time scale for the Marcellus project in Allegany County, his concern and issue is his disappointment in the NYSDEC and the time it is taking for them to put forth rules and procedures.  These issues must be addressed in a timely fashion and time is running out for these rules and procedures to be put in place.  Marcellus is an economic windfall for counties and states involved.  NYSDEC states it will be mid-2011 for drilling to begin in NYS and we are facing a situation where industry is getting frustrated and will take a position based on that frustration.”  Mr. Inwood hopes for continued support for the DEC, general public and any companies who might come to the area to be involved with the project.  The Independent Gas Association is very active in supporting the agenda that allows industry to come here and benefit from the opportunities that are presented, included Marcellus.  Mr. Inwood ended saying he was here today to answer any technical questions and/or comment on the political process underway and thanked the committee for allowing him the opportunity to present their viewpoint.

 

Legislator Sinclair addressed the guests in attendance that this committee has been meeting for four months and looking at the issues and concerns with the oil and gas industry.  The main priority at this time is the Marcellus Shale and growing issues surrounding that.  He gave an overview of the packet disbursed regarding the following items and referred to it as the outline for our Local  Agenda.

 

3.      Environmental Concerns

 

a)      Hydro fracturing safety and protecting water resources - There are potential pollutants present in Hydrofracing fluids which can include solvents, VOC’s and proprietary blends of additives utilized in the process of fracturing the formations.  Additional particulates and salts from the formation also are present in the fluids extracted from the fractured formation. The fluids and tailings from the cutting and drilling process are in some instances contaminated with radionuclides such as various isotopes of Radium. Broken pipes, poor handling and migration of these pollutants can and has occurred in the recent development of the Marcellus Shale formation in Pennsylvania.  Human error is the more prevalent cause of pollution as opposed to the technology.  (See attachment: Cabot Ordered to Plug Wells in Pa. Pollution Probe).

 

Legislator Sinclair noted the bold sections in the agenda are the results of what this committee has addressed in previous meetings and proposing to explore with Marcellus.  Allegany County will proceed per DEC involvement.  Legislator Sinclair opened the floor to guests for questions and comments regarding the nature of Marcellus Shale in this region and possible radioactivity contamination.

 

Mr. James Lucey, spoke regarding the following concerns:

Ø      Who will actually be performing the work

Ø      Radioactivity in the bores and black shale carrying the radon to a higher level

Ø      Questions the current levels of radon in borings

Ø      Slip water hydrofracing involves; 5.5 million gallons per well of fresh water in addition to hydrofracing fluids and will Allegany County require this as well?

Ø      Horizontal drilling versus vertical drilling and percentages of recovery waste water

 

Mr. Inwood responded that percentages vary 20-80%.  Allegany County proposes initial investment which minimizes the amount of water usage.

 

Thomas Barber, Citizen, had the following question:

Ø      Is Allegany County presently accepting any radioactive wastes from the Marcellus project drilling?  He reported that as of 9:00 a.m. today, information was provided stating a landfill in Allegany County is accepting radioactive waste and the leachate is then being transported to the Village of Wellsville Waste Water Treatment Center for treatment.

 

Legislator Sinclair responded that the “Allegany County Landfill” is not accepting any radioactive waste and he was not 100% sure regarding any other landfill.  No testing is in place as of now, and this has not been researched.  With regards to radioactivity concerns, he can’t specifically say testing is not being done, but stressed it should be going on and this committee will alert our municipalities with this concern.

 

Sherry Collins, Citizen, questioned Mr. Inwood on how Pennsylvania is disposing of their large quantities of fluid.  Chemung County is also accepting waste, along with a landfill in Allegany County.  Angelica is also taking “Thunder Bay” waste. 

 

Legislator Sinclair reiterated that this committee was not delving into these issues as this time.  We have flagged our concerns, but we are not a regulatory arm of the NYSDEC which is able to investigate.  As representatives and individuals, we are, however, concerned.

 

James Lucey commented that he didn’t feel hydrofracing was a viable solution and if the DEC rushes forward without caution, it is shortsighted and dangerous.  This process needs to be thought about long and hard.

 

b)      Wastewater Disposal - The technology for treatment and disposal of hydro fracturing wastewater is under development and centralized treatment sites as well as mobile chemical and mechanical units are presently under evaluation. Large Municipal Sewage Treatment Plants are also under evaluation for disposal of the wastewater.

 

c)      Radioactivity Concerns - Various radioactive particulates at varying levels of radioactivity can be present in the Marcellus Shale and brought to the surface in the tailings and hydro fracturing fluids. These have been labeled NORM (Naturally Occurring Radioactive Materials by DEC and Landfills require special permits to dispose of such materials along with Municipal Solid Waste. Recent independent analysis as well as the DEC Draft Environmental Impact Statement has identified the presence of radionuclides, in the wastes generated by the drilling operations, as an important issue which has to be resolved. (Attachment: Radioactive Waste Management Associates) The NORM materials (tailings)can be hazardous and the leachate from land disposal of the tailings in a NORM permitted facility can pose threats to the Municipal Sewage Treatment Plants treating such leachate.

 

It is recommended by the Energy Committee that all local sewage treatment plants, receiving leachate from NORM permitted landfills, research and closely monitor the radioactive characteristics of the leachate they are receiving and the treated waters they are discharging.

 

4.      Split Estate and Landholder Education

 

The need has been identified to provide landowners information regarding finding out the status of their properties, regarding mineral rights, and fully understanding their opportunities during negotiation of the sale or leasing of mineral rights.

 

It is the Energy Committee recommendation that a public education campaign be initiated utilizing all available local methods for getting the word and good information out to the public so they can make informed decisions.

 

5.      Workforce Education

 

Curriculums, programs and specialized training is underway in Pa. and other developing areas of the Northeast in response to increased employment opportunities. There are myriad facets to the oil and gas industry, everything from welding, to pump maintenance, engineering and geologic investigation to equipment, construction, environmental testing and land reclamation.

It is the Energy Committee recommendation that our local colleges and employment and training efforts research what is happening in other locations and begin the development of local workforce development and educational opportunities.  

6.      Local Government Role and Issues

 

a)      Infrastructure Protection - The pressure from traffic and heavy equipment being transported on local secondary roads can result in a degradation of the infrastructure/roads.

 

James Lucey commented about his concern for the amount of large trucks hauling water on the roadways.  Legislator Sinclair commented that the building of large ponds could help offset this problem.

 

It is the recommendation of the Energy Committee that local Municipalities examine the creation of ordinances which will mitigate the effects of Oil and gas development on local infrastructure.

b)      Population Influx and Related Issues - Some areas anticipate large influxes of workers and associated business which supports the Oil and gas industry. This involves lodging and restaurant machinery sales and service industries. This represents a substantial and sustainable revenue opportunity.

 

The Energy Committee recommends that the County Wide and local Chambers of Commerce as well as the Small Business Development Center begin examination of the businesses and opportunities which traditionally are associated with boom development and prepare to advise small business owners and start ups transitioning into these opportunities.

 

Summary

 

In summary, the Oil and Gas industry is and has been an important part of the local economy and provided careers and income to hundreds of local families. Regardless of the outcome and or the strict regulation of activities associated with the Marcellus and other Black Shales, recent improvements in geologic investigation and extraction technology has uncovered untouched energy reserves beneath us in several locations and in various strata.

It is the recommendation of the Energy and Resource Committee that Allegany County actively pursue the development and marketing of the oil and natural gas industry in an environmentally safe and economically sound manner. (Please refer to the following Mission Statement.)

 

Mission Statement  (Adopted February 22, 2010)

To facilitate development of the energy related natural resources of Allegany County in a manner that maximizes the benefit to our County’s residents, while maintaining the integrity of our environment for future generations.

 

Currently the primary focus of this committee will be the Marcellus Gas Field as a generational bridge to renewable energy.  We shall also pay due diligence to renewable technologies such as wind and wood bio-mass to encourage further gains in economic viability. 

 

This Committee will be continuously vigilant to identify emerging technologies that, the encouragement of, would be beneficial to our county residents.

 

In summary, we will work with stakeholders to identify issues, good and bad.  We will attempt solutions to mitigate the bad and maximize the good.

 

Legislator Sinclair thanked Kevin LaForge, Chairman of the Energy Committee, for his leadership with examination of issues addressed to date. 

 

Mr. Tom Barber suggested adding the educational section to the Mission Statement defining NORM and what it really means.  There was also a suggestion the Allegany County Department of Health tender an opinion.  Legislator Sinclair commented that any referrals to the Board of Health would have to go through the Human Services Legislative Committee.  This committee will forward a written request to that committee. 

 

Mr. Inwood remarked there are great websites for landowner education that will also direct you to other affiliated sites and he will make himself available to anyone who wants websites.  He also noted that Steuben County has explored deep gas drilling from the early 1990’s to 2000.  Information on Trenton Black River may be helpful to our communities to draw from regarding vertical drilling.  That operation eventually went to horizontal drilling.

 

Senator Young Letter  

A letter from the Senator’s office in support of NYSDEC expediting the Marcellus Shale drilling was received by the Committee, referencing Resolution # 76-10 which was approved by the County Board of Legislators on March 22, 2010.

 

Adjournment

The next meeting will be Wednesday, May 19th at 9:00 a.m.  There being no further business to come before the committee, a motion was made by K. LaForge, seconded by P. Curren and carried to adjourn the meeting at 12:03 p.m.

 

Respectfully submitted,

 

 

Cathleen L. Whitfield, Recording Secretary

Confidential Secretary to the Director of Development