PA Environment Digest Blog: CNX Resources Begins Disclosing General Information On Fracking Chemicals, Air Monitoring Results Online At 2 Shale Gas Well Pads

On December 18, the Shapiro Administration announced CNX Resources has begun to disclose general information on the chemicals it uses in fracking shale gas wells and some air monitoring results at two of its well pads.

The announcement is a follow up to the November 2 “Statement of Mutual Interests” signed between the Shapiro Administration and CNX. Read more here.

Under the Statement of Mutual Interests, CNX will implement a temporary program to definitively measure emissions and heighten chemical disclosure, while temporarily enhancing safety zone setbacks for new wells near homes, schools and hospitals during the data collection phase.

CNX now operates more than 500 shale gas wells in Pennsylvania, plus conventional oil and gas wells.

The two shale gas well pads involved in the release of information are the MOR9 well pad in Morris Township, Greene County [seven completed wells, four additional wells are being drilled] and the NV110 well pad in East Finley Township, Washington County [seven completed wells].

CNX installed two Particulate Matter 2.5 monitors at each location-- one upwind and one downwind-- and one volatile organic compound (BTEX) monitor on each of the four sides of the well pads.

Meaningful Air Monitoring Results Difficult

DEP’s Bureau of Air Quality did regional air quality sampling around shale gas facilities between 2010 and 2013 in Southwest, Northcentral and Northeast parts of the state. Read more here. Read more here.

Each study had a limitation statement like this, “Due to the limited scope and duration of the sampling and the limited number of sources and facilities sampled, the findings only represent conditions at the time of the sampling and do not represent a comprehensive study of emissions.”

In 2018, the state Department of Health and DEP, with assistance from the federal Agency for Toxic Substances and Disease Registry, released a public health evaluation of long-term air sampling data in the vicinity of natural gas operations in Washington County. Read more here.

The intent of the study was to determine if air quality data collected by DEP from 2012 to 2013 could help assess community exposures to chemicals emitted by the oil and gas industry and if that exposure could have an impact on public health.

In spite of having lots of air data to work with, the study had a disclaimer saying it was “limited for assessing specific emissions impacts from natural gas sources.” [page 2]

The data was also limited because it did not consider EPA hazardous air pollutants that oil and gas industry reporting shows is “ubiquitous” in gas infrastructure. Read more here.

Air sampling programs must be robust, within several different kinds of air samplers ringing a target facility sampling for a broad range of pollutants, including hazardous air pollutants, to glean any useful information.

And then the data must be compared to an epidemiological study of the community to determine what health impacts are being felt by people around the facility.

It is a challenging project.

Reporting Air Emissions Since 2012

Unconventional shale gas facility operators have been self-reporting air emissions from their facilities since 2012 and do so regularly under Title V and other Air Quality permits issued by the Department of Environmental Protection.

Data collected by DEP is summarized by the Bureau of Air Quality on their Visuals and Trends webpage.

Data can be broken out by facility-- conventional and unconventional gas wells, compressor stations, gas storage wells-- pollutant, company, facility and more.

There have been disagreements on how accurate this self-reporting is.

General Fracking Chemicals Reporting

CNX has also posted more information on chemicals used generally in fracking shale gas wells.

In the original November announcement, CNX said it would publicly disclose all chemicals intended to be used in drilling and hydraulic fracturing before they are used on site-- “subject to trade secret claims by chemical manufactures.”

Trade secret chemicals have been the sticking point in reporting the chemicals used in fracking since they are not available outside the industry.

CNX also noted, “We can confirm that drilling and hydraulic fracturing additives do not contain intentionally added per- and polyfluoroalkyl substances (also known as PFAS).”

In April, DEP disclosed the “widespread presence” of PFAS “forever chemicals” in freshwater may lead shale gas drillers to “inadvertently” use PFAS-contaminated water to frack their shale gas wells.

While CNX may not add PFAS to chemicals used in fracking, DEP does not require operators to test for the presence of PFAS chemicals in the water they are using to determine if they are spreading PFAS contamination to previously uncontaminated areas.. Read more here.

Other Steps

“Gov. Shapiro has also directed the state Department of Environmental Protection (DEP) to take immediate action to pursue formal rulemakings and policy changes mirroring the collaboration, including: new requirements for the disclosure of chemicals used in drilling, improved control of methane emissions aligned with the EPA’s recently announced performance standards for emission sources in the oil and natural gas sector, stronger drilling waste protections, including inspection of secondary containment, and corrosion protections for gathering lines that transport natural gas.”

“As part of this collaboration, DEP will also conduct the most intensive independent study of unconventional natural gas wells in the nation.

“CNX will provide DEP with unprecedented access to two future CNX well sites, allowing for in-depth independent monitoring of the air emissions at both locations before, during, and after development of the new wells.

“This will make it possible for communities to understand the facts about natural gas development with more transparency than ever before.”

[DEP Already Has Access By Law

[Note: Access to well sites is not something CNX or any other company regulated by DEP can limit or deny.

[State law-- the Oil and Gas Act, Air Pollution Control Act, Solid Waste Management Act, Clean Streams Law and others-- provide DEP the authority to access well sites, records, people and any information they need to determine compliance with those laws or whether pollution has occurred.]

CNX - Prove What We Already Know

During the November 2 announcement, Nick Deiuliis, CEO of CNX Resources, said the purpose was “To definitively confirm, for all stakeholders, that there are no adverse human health issues related to responsible natural gas development, and to confirm what we already know, that the natural gas industry is essential, it's responsible, and it's inherently good for society.” Read more here.

Click Here for the complete announcement by Gov. Shapiro and CNX.

Statement Of Mutual Interests Provisions

The Statement of Mutual Interests announced November 2, included these other provisions--

-- Air & Water Quality Monitoring: CNX will engage in intensive air and water quality monitoring to accurately assess environmental impacts. The Administration will follow the facts and data provided through this air and water quality monitoring, along with all other relevant facts and data, to inform the necessity of any additional setbacks or other future policy changes.

-- Disclose Fracking Chemicals: CNX will publicly disclose all chemicals intended to be used in drilling and hydraulic fracturing before they are used on site [“subject to trade secret claims by chemical manufactures”];

-- Regulating Natural Gas Gathering Pipelines: Supporting the regulation of any gathering lines, as sought by DEP to inspect for corrosion;

-- Waste Transport Safety Measures: Supporting, in conjunction with third party waste haulers, additional safety measures for the transport of waste from unconventional well sites;

-- Provide Real-Time Emission Facts: CNX will provide open-sourced, real-time emissions facts and data to all stakeholders including industry workers, community members, state and local government, and other interested parties informing a comprehensive health response regarding natural gas development in Pennsylvania;

-- Refrain From Hiring DEP Employees: CNX will refrain from hiring Pennsylvania Department of Environmental Protection employees from regional offices covering CNX operational areas for two years after those employees leave the Department.

Grand Jury Report Recommendations

The Grand Jury Report was released by then Attorney General Shapiro in June 2020 after what he said then was a two-year investigation uncovered systematic failure by government agencies in overseeing the fracking industry and fulfilling their responsibility to protect Pennsylvanians from the inherent risks of industry operations. Read more here.

The Grand Jury recommendations included--

-- Expanding No-Drill Zones: Expanding no-drill zones in Pennsylvania from the required 500 feet to 2,500 feet;

-- Chemical Disclosure: Requiring fracking companies to publicly disclose all chemicals used in drilling and hydraulic fracturing before they are used on-site;

-- Gathering Pipelines: Requiring the regulation of gathering lines, used to transport unconventional gas hundreds of miles;

-- Assess Air Quality: Adding up all sources of air pollution in a given area to accurately assess air quality;

-- Safe Transport Of Waste: Requiring safer transport of the contaminated waste created from fracking sites;

-- Comprehensive Health Response: Conducting a comprehensive health response to the effects of living near unconventional drilling sites;

-- Limit Revolving Door: Limiting the ability of Pennsylvania Department of Environmental Protection employees to be employed in the private sector immediately after leaving the Department;

-- Direct Criminal Jurisdiction: Allowing the Pennsylvania Office of Attorney General original criminal jurisdiction over unconventional oil and gas companies.

In April, an Inside Climate News article quoted a spokesperson for now Gov. Shapiro as saying the Governor’s Office supports the key recommendations in the Grand Jury Report. Read more here.

Click Here for a copy of the Grand Jury Report. Read more here.

October House Hearing On Setbacks

On October 30 the House Environmental Resources and Energy Committee held its first-ever hearing on the health and environmental impacts of the shale gas industry and legislation increasing safety zone setbacks around gas infrastructure.

The legislation being considered is House Bill 170 (Otten-D-Chester) increasing setback safety zones from shale natural gas drilling sites and infrastructure from 500 to 2,500 feet or more, based on the recommendations in the Grand Jury report and the latest science. Read more here.

Sen. Yaw: Bill Expanding Setbacks ‘Stupid’

Sen. Gene Yaw (R-Lycoming), Majority Chair of the Senate Environmental Resources and Energy Committee, issued this statement in reaction to the House hearing--

“Earlier today, the House Environmental Resources and Energy Committee held a public hearing on House Bill 170, which would expand setback requirements for natural gas wells in Pennsylvania to between 2,500 – 5,000 feet.

“It is often said that we cannot legislate against stupidity. That is true but we can stop stupid legislation from becoming law.

“Should House Bill 170 or any similar legislation pass the House of Representatives, it will not be considered in the Senate.” Read more here.

NewsClips:

-- The Allegheny Front: Environmental Groups Pressure Gov. Shapiro To Crack Down On Shale Gas Industry

-- ABC27: PA Environmental Groups Hold Press Conferences Asking Shapiro To Take Action On Fracking

-- PA Capital-Star: CNX Gas Company Begins Self-Reporting Air Quality Data As Part Of Shapiro Partnership

-- Fox News Guest Essay: Pennsylvania’s Radical Plan To Produce Energy And Protect Our Environment - By Gov. Josh Shapiro & Nick Deiuliis, CEO CNX Resources

Articles Related To CNX:

-- CNX Ends Coordination On West Virginia Adams Fork Ammonia Energy Project, Anchor Of ARCH2 Hydrogen Hub Application [PaEN]

-- CNX Natural Gas Pipeline Pigging Facility Malfunction Dec. 27 Released 1.1 Million Cubic Feet Of Natural Gas; Same Facility Plagued Community With Blowdowns 3 Times A Day, 7 Days A Week For Nearly 10 Years Until Criminal Charges Brought Against CNX [PaEN]

-- DEP: CNX Gas Pays $310,000 Penalty For Violations During, After Pipeline Construction In Washington County [PaEN]

-- DEP Assesses $200,000 In Penalties For Drilling Wastewater Spills By CNX In Greene County [PaEN]