FRAC SAND SENTINEL #31 JANUARY 5, 2014

Aerial Fracking Photos

Help purchase a Remote Controlled Multicopter to photo Fracking & Sand Processing sites, documenting Spills & other Ecological Damage.                                 http://www.indiegogo.com/projects/aerial-fracking-photos

We need aerial pictures to expose the truth to governmental and other decision makers who seem not to be aware of the undesirable heavy industrial footprint being irrevocably created by the Gas/Oil/Mining Corporations. We are funding an aerial photo platform from which to take these pictures.  If you know of anyone who is mad enough at their local Mining or Hydraulic Fracking operation to help financially or by publicizing this effort, please let them know and ask them to contribute in any amount. http://igg.me/p/618034/x/400441

Landsmans Handbook: some of you have already encountered the strategies found in this handbook. What does the industry think about having their practices revealed?

http://voicesweb.org/gas-companys-lost-landsmans-handbook-reveals-deceptive-practices-marcellus-fracing-industry

Massive Fireball From North Dakota Oil Train Derailment Caught On Tape open original article

Mon Dec 30, 2013 16:46 from Zero Hedge by Tyler Durden

*NO INJURIES REPORTED FROM BNSF TRAIN FIRE IN NORTH DAKOTA
Wind is taking toxic smoke towards areas southeast of Casselton, ND, after train derailment. Residents urged to stay indoors

A train has derailed west of Casselton, North Dakota just before 2:20 p.m. Monday. As Valley News Live reports, several area emergency teams are on scene and are setting up an incident command center. Emergency crews are urging people to stay inside and a code red alert has been sent out to residents in a two mile radius of the accident. The Casselton Fire Department says a Burlington Northern Santa Fe train is involved. An unknown number of cars derailed, but Valley News Live reports is told one bulk oil car is on fire and toxic black smoke is being released

Fiery Oil Train Crash in Raging Shale Oil Boom State of North Dakota 

http://ecowatch.com/2013/12/31/fiery-oil-train-crash-north-dakota/ 

CRUDE BY RAIL SAFE?

http://www.mycenturylink.com/news/read/category/Top%20News/article/ap-weather_shift_near_nd_derailment_worries-ap

 Warning issued about oil shipped from the Bakken oil shale patch

http://m.billingsgazette.com/news/state-and-regional/montana/warning-issued-about-oil-shipped-from-the-bakken-oil-shale/article_262d70e0-29f8-5a97-9a68-1d81f6427442.html?mobile_touch=true

Industry Related Site so BEWARE! Frac Sands Mines and Related Facilities

http://www.fractracker.org/2013/12/frac-sands/?utm_source=E-Newsletters&utm_campaign=398bd04cf0-FracTracker_DecNews2013&utm_medium=email&utm_term=0_7b6d07487b-398bd04cf0-335148685

NUISANCE LAWSUITS 
http://ncronline.org/blogs/eco-catholic/families-seek-recourse-lawsuits-natural-gas-wells-considered-nuisance

Researchers Find 7,300-Mile Ring of Mercury Around Alberta Tar Sands in Canada

Peter Moskowitz, News Report: Environment Canada researcher Jane Kirk recently presented the findings at a toxicology conference in Nashville, Tenn. The revelations add to growing concerns over the environmental impact of mining the tar sands. Many environmentalists charge that extracting oil from the sands will lead to an increase in carbon emissions, the destruction of the land, water contamination and health problems for Canadians. The debate over the tar sands crossed over into the U.S. when energy company TransCanada proposed building the Keystone XL pipeline to transport crude oil to the southeastern U.S. for refining and distribution. READ  |  DISCUSS  |  SHARE

Land Stewardship Project Citizens' Frac Sand Summit  

Sat., Jan. 18, at the Tau Center in Winona (directions below)

Registration begins at 9 a.m. Conference from 9:30 a.m. to 4:30 p.m.

Cost is $10 (pay at the door) & includes a lunch of local foods

Register online and find more details HERE

We will build our power to keep frac sand mining out of our region and to create vibrant sustainable communities. The summit will bring citizens from around the region together to share strategy, learn from experts as well as each other and strengthen the movement to keep frac sand mining from destroying our communities. Local government officials are welcome to attend and this is an opportunity for them to learn more about the negative impacts of the frac sand industry.

Topics and workshops include: Frac sand mining’s impact on farmland ("Farmland, not Frac Sand!"), frac sand mining’s role in extreme energy extraction, ensuring that state regulations put public health and well-being before corporate profits, understanding the threat to human health from exposure to silica dust, using township rights to control frac sand mining, and more.

 Featured speakers include:

• John Linc Stine, Commissioner of the Minnesota Pollution Control Agency
• Jennifer Krill, executive director of EarthWorks. EarthWorks focuses on protecting communities and the environment from the impacts of irresponsible mineral and energy development while seeking sustainable solutions.
• Michael McCawley of the School of Public Health at West Virginia University. McCawley is a leading expert on ambient air quality monitoring and assessing risk to human health.
• Crispin Pierce, director of the Environmental Public Health Program at the University of Wisconsin-Eau Claire. Pierce is conducting cutting-edge research on monitoring silica dust at frac sand facilities.

Volunteers needed. We need help with getting materials ready, processing RSVPs, working sign-in tables at the event, handing out programs and materials, and more. If you can volunteer e-mail LSP's Bobby King at bking@landstewardshipproject.org.

 Directions to Tau Center (Hilbert St, Winona): From Hwy 14/ 61 in Winona turn east onto Gillmore Avenue. Take a left onto Vila St. Take the second left onto 10^th St. Take the next left onto Hillbert St. The Tau Center is on the right. A map is HERE.

A LETTER TO THE EDITOR BY DR. JOHN DROST:     Mines-DNR Partners?

In an article published by The Chippewa Herald (October 10, 2013), the DNR indicates that it is making a strong effort to be more business friendly.  Charlie Walker stated that this new approach helps attract industries to the state.  DNR water administrator Russ Rasmussen stated:  “Without a good, healthy economy we can’t protect our water, either.”  In DNR’s new lead on frac sand shares enforcement strategy, it states: “The DNR does provide oversight and enforcement in some areas, most notably, the water: wastewater discharges and storm water runoff.”  (WQOW clip, Oct. 8, 2013)

True, Great Northern Sand (GNS), near New Auburn had a discharge of wastewater. (Early November 2012)  “Months later, there was another alleged violation by GNS.”  Pictures, water samples and mine reports indicate that at least six discharges occurred between the two discharges noted in the article.  For the two discharges which GNS was cited, pictures clearly show that GNS was the point source of the discharges.

The DNR says it doesn’t test for residual acrylamide in water.  DNR agent Debra Dix indicated that acrylamide has numerous uses, including use in drinking water treatment plants.  However, the concentration used in drinking water plants must be ½ part/million or less.  Whereas, mine wastewater discharges most likely contain 6-20 parts/million.  These levels may be lethal to wildlife. 

GNS was given a “wastewater discharge permit.”  Thus, silica silt, clay and whatever else continues to be discharged into Beaver Creek.  Silica sand from the discharges has been found more than 5 miles downstream.  Silica silt and clay have a deleterious effect on waterways and wetlands.

The relationship between “a good healthy economy” and “clean water” does not appear to be positive.  Does the relationship between the DNR and businesses protect our water or is it a ruse?

John P. Drost

1710 Hoover Ave.
Eau Claire, WI 54701

Phone:  715-835-5093 

Big News: The Army Corp of Engineers won’t be working with the WI DNR!

http://news.wpr.org/post/army-corps-engineers-won-t-work-dnr-iron-ore-mine-impact-study

ALEC calls for penalties on “free rider” solar-panel owners | Grist

http://grist.org/climate-energy/alec-calls-for-penalties-on-free-rider-solar-panel-users/

13 major clean energy breakthroughs of 2013 | Grist

http://grist.org/climate-energy/13-major-clean-energy-breakthroughs-of-2013/?utm_source=newsletter&utm_medium=email&utm_term=Daily%2520Dec%252030&utm_campaign=daily

Important hearing and excellent article—perhaps some points in common w/ the Town of Cleveland:
http://host.madison.com/ct/news/local/writers/jessica_vanegeren/denied-by-trempealeau-county-frac-sand-company-seeks-approval-from/article_193edf9c-578b-11e3-8c60-0019bb2963f4.htm

Trempealeau Co. now 24/7

http://news.wpr.org/post/trempealeau-county-allows-247-sand-mining-makes-permits-use-it-or-lose-it

NEWS FROM PRESERVE WAUPACA COUNTY FOLKS: CONGRATULATIONS TO ALL OF YOU!

The citizen’s group Preserve Waupaca County was presented with the Jan Moldenhauer Environmental Award from the Fox Valley Sierra Group at its October 10 meeting in Appleton.

The Sierra Club group serving northeastern Wisconsin gives an award each year to honor a person or organization in the area that has achieved significant benefits to the environment through their efforts and contributions, or has demonstrated environmental leadership.

During the past year Preserve Waupaca County has demonstrated an incredible amount of dedication and courage in their exhaustive effort to stop industrial sand mines from coming into Waupaca County. They formed and led a coalition that researched the impact of sand mining. They knocked on doors, wrote letters, signed petitions, met with lawmakers, provided people with signs, spoke eloquently at meetings, and educated neighbors in order to stop a Town of Union sand mine or at least make sure that appropriate restrictions were in place.

The award is named in honor of Jan Moldenhauer, a Sierra Club leader devoted to the environment.  Jan was involved with Preserve Waupaca County.  She died in July.

In the photo from left to right:  Alan Lawrence (Fox Valley Sierra Group Chair), Kelly Ramstack, Tania Wadzinski, Donna Simons, Bob Phelan, Coleen Phelan, Cy Simons

Ethanol loses friends and influence as reform movement grows

Corn ethanol's EROI is about 1.1 - meaning as much carbon is emitted producing it as when it is combusted in the engine - resulting in twice the emissions.

Fracking EROI is probably low enough that we can make the same argument, but so far no one has really come up with an EROI number for fracking.

Karen Gaia Pitts, Motherlode Chapter

http://www.cnbc.com/id/101297359?__source=yahoo%7Cfinance%7Cheadline%7Cheadline%7Cstory&par=yahoo&doc=101297359%7CEthanol%20loses%20friends%20and

Truly strange political allies on this issue. 

Here are 2 resources for you:
West Wisconsin Regional Planning Commission
http://wcwrpc.org/Frac_Sand/frac_sand.html
Hay creek township zoning docs and flow charts --
https://sites.google.com/site/haycreektownship/services-fees

A Letter and a Slide Show from Mary:

I took some of the google photos and put together a 6 slide presentation.

I like ppts because you can get pictures up on a big screen cheaply.

I hope the title, "Landslide?" isn't too melodramatic-but sometimes you have to clobber politicians with the obvious.

I'm sending a link to the presentation.

I downloaded it, but it's 5.84 MB and I didn't know if your ISP carried attachments that big.

So here's the url, and anyone who has the address can look. Click your way through this one!

https://docs.google.com/presentation/d/1_jb9vGWKj3WmgH7CItcCw3WUerRrFxOO6Tppwyzfi60/edit?usp=sharing

NOTE: The comment period  on the Notice of Proposed Rulemaking (NPRM) on Occupational Exposure to Crystalline Silica ends Jan. 27 and the deadline for submitting notices of intention to appear at DC hearings March 18-19 is December 12 :

http://www.regulations.gov/#!documentDetail;D=OSHA-2010-0034-1789

WSJ Slideshow: 7 Photos of Pattison Mine http://online.wsj.com/news/articles/SB10001424052702304355104579234261045848026?ref=SB10001424052702304868404579194250973656942

Judge Deals a Blow to BP’s Efforts to Dodge Deepwater Horizon Payments

Rebecca Leber, News Report: BP has sought to cut down on payments for the 2010 Deepwater Horizon disaster by asking that local businesses prove the link between their economic losses and the oil spill. A federal judge halted BP’s effort to skip payments on Tuesday, ruling that BP cannot reverse its interpretation of the settlement simply because the cost is higher than what the oil g

Message from the Wood County, Marshfield Area: Big Time Violations

State wins pollution control judgment against frac sand company : Madisondotcom

http://host.madison.com/news/local/crime_and_courts/state-wins-pollution-control-judgment-against-frac-sand-company/article_1a191ece-09ed-539b-af96-ee6627ddfccf.html

Honor the Earth Video: Triple Crown of Pipeline Rides 

http://ecowatch.com/2013/12/26/triple-crown-of-pipeline-rides/

Solar Beats Natural Gas in Game-Changing Court Ruling 

http://ecowatch.com/2014/01/03/solar-beats-natural-gas-court-ruling/ 

Acid fracking in Florida proposed, just outside Naples city limits

I just posted this article to the FracTracker blog. http://www.fractracker.org/2013/12/florida-drilling/ on one of the latest controversies in oil and gas extraction...this time, in Florida. 

Transatlantic Trade Agreement Threatens Environment and Health in US and Europe | Common Dreams

http://www.commondreams.org/view/2013/12/26-3

Crystalline Silica Rulemaking

https://www.osha.gov/silica/

 "Occupational Safety and Health Administration has spent years mulling proposed rules to limit silica particles that would save an estimated 700 lives per year."

Obama delayed regulations until after the election, but that’s just a symptom of the problem

http://grist.org/politics/obama-delayed-regulations-until-after-the-election-but-thats-just-a-symptom-of-theproblem/?utm_source=newsletter&utm_medium=email&utm_term=Daily%2520Dec%252017&utm_campaign=daily

Allamakee, Winneshiek counties to benefit from University of Iowa grant - The Waukon Standard - Waukon, IA

http://www.waukonstandard.com/main.asp?SectionID=24&SubSectionID=103&ArticleID=55903

Delaware Riverkeeper Network, Municipalities, and Pennsylvania Physician

Prevail in PA Supreme Court on Act 13, Municipal Preemption Law

Gas Industry Takeover Law thrown out by State’s Highest Court

Pittsburgh PA - The PA Supreme Court has ruled Act 13 is unconstitutional on the grounds that it violates the Environmental Rights Amendment to the Pennsylvania Constitution.  Notably, the Court stated, ““As the citizens illustrate, development of the natural gas industry in the Commonwealth unquestionably has and will have a lasting, and undeniably detrimental, impact on the quality of these core aspects [life, health, and liberty: surface and ground water, ambient air, etc.] of Pennsylvania’s environment, which are part of the public trust.” Opinion at 117.

Additionally, the Court stated, ““By any responsible account, the exploitation of the Marcellus Shale Formation will produce a detrimental effect on the environment, on the people, their children, and future generations, and potentially on the public purse, perhaps rivaling the environmental effects of coal extraction.” Opinion at 118.

The Decision and concurring opinion can be found at: http://www.delawareriverkeeper.org/resources/Reports/Opinion%20J-127A-D-2012oajc.pdf

http://www.delawareriverkeeper.org/resources/Reports/Concurring%20Opinion%20J-127A-D-2012co.pdf

MN Environmental Quality Board “Tools to Assist Local Governments in Planning and Regulating Silica Sand Projects”

Posted on December 23, 2013 by Mikey O'Connor

 Hi all,

The temptation to draw the comparison between Wisconsin and Minnesota on this issue is overwhelming.  Here in Buffalo County we cheerfully approve mines like the Segerstrom mine pictured above (which later went broke, leaving this hillside as a reminder).  In Minnesota, they’re being a little more thoughtful.
Here’s the “Introduction” section of Minnesota’s draft “Tools” handbook.  Click HERE to download the whole document.  Very useful material if you’re dealing with a sand mine in your area.  It’ll be harder for your opponents to make those “Google educated” “radical fringe” “global conspiracy” wisecracks they’re so fond of.

Minnesota Environmental Quality Board

Tools to Assist Local Governments in
Planning for and Regulating Silica Sand Projects

DRAFT DECEMBER 13, 2013

INTRODUCTION
In May 2013 the Minnesota Legislature adopted Laws 2013, chapter 114, commonly referred to as HF 976, now codified in Minnesota Statutes chapter 116C. Minnesota Statute 116C.99, sub division 2 requires the Environmental Quality Board (EQB) to develop model standards and criteria that may be used by local units of government (LGUs) in developing local ordinances regarding the mining, processing, and transporting of silica sand. This Tools to Assist Local Governments document fulfills this legislative requirement.
Authority to plan for and regulate land use activities rests primarily with local government. The EQB supports good local planning that articulates the future vision of a community. This should be supported with the adoption of sound local ordinances as the means to implement the planning. This document provides information that may be useful for LGUs when discussing issues related to silica sand.
The EQB strongly encourages each individual local unit of government to seek the advice of legal counsel in connection with the use of this document and its contents. The recommendations, standards, criteria, and considerations included in this document are not substitutes for local government planning and the contents of this document are not a substitute for legal advice.
The document is organized by topic. Each topic section or subsection discusses potential impacts from silica sand activities. Considerations for addressing potential impacts are discussed and then suggestions are provided on how to address the impacts.
This document is essentially a box of tools available for consideration by local governments. In some situations, there are several tools that may be chosen or used in conjunction with other tools to address a particular concern. The toolbox also includes instructions on how to use the tools themselves. As with any box of tools, the user should decide what is to be built before selecting a tool.
Two regions of the state were the focus of the statute: the Minnesota River Valley and southeastern Minnesota. These two regions are the areas most likely to experience the greatest effects of silica sand operations because they are where most of the sand exists. However, the toolbox can be applied to other areas of the state, where an LGU could compare its own circumstances to the geology, hydrology, and other characteristics discussed in this document.
This document is the work of staff from the Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Minnesota Department of Transportation, Minnesota Department of Health, Minnesota Department of Agriculture, and the EQB itself.
Local units of governments are not required to adopt any elements of this document and Minn. Stat. 116C.99 does not authorize the EQB or any other state agency to impose or enforce anything on local governments. The EQB and its member agencies are not enforcing or attempting to enforce the suggestions in this document as if they are duly adopted state rules.
It also is important to note that this document does not represent legal advice or legal opinions. The EQB assumes and recommends that an LGU will obtain appropriate legal advice before making any decisions to adopt or amend its official controls.
For reference, Minn. Stat. 116C.99 is included below in its entirety.
116C.99 SILICA SAND MINING MODEL STANDARDS AND CRITERIA.
Subdivision 1. Definitions. The definitions in this subdivision apply to sections 116C.99
to 116C.992.
(a) “Local unit of government” means a county, statutory or home rule charter city, or town.
(b) “Mining” means excavating silica sand by any process, including digging, excavating,
drilling, blasting, tunneling, dredging, stripping, or by shaft.
(c) “Processing” means washing, cleaning, screening, crushing, filtering, sorting, processing,
stockpiling, and storing silica sand, either at the mining site or at any other site.
(d) “Silica sand” means well-rounded, sand-sized grains of quartz (silicon dioxide), with very little impurities in terms of other minerals. Specifically, the silica sand for the purposes of
this section is commercially valuable for use in the hydraulic fracturing of shale to obtain oil and natural gas. Silica sand does not include common rock, stone, aggregate, gravel, sand with a low quartz level, or silica compounds recovered as a by-product of metallic mining.
(e) “Silica sand project” means the excavation and mining and processing of silica sand; the washing, cleaning, screening, crushing, filtering, drying, sorting, stockpiling, and storing of silica sand, either at the mining site or at any other site; the hauling and transporting of silica sand; or a facility for transporting silica sand to destinations by rail, barge, truck, or other means of transportation.
(f) “Temporary storage” means the storage of stock piles of silica sand that have been transported and await further transport.
(g) “Transporting” means hauling and transporting silica sand, by any carrier:
(1) from the mining site to a processing or transfer site; or
(2) from a processing or storage site to a rail, barge, or transfer site for transporting to
destinations.
Subd. 2. Standards and criteria. (a) By October 1, 2013, the Environmental Quality
Board, in consultation with local units of government, shall develop model standards and criteria for mining, processing, and transporting silica sand. These standards and criteria may be used by local units of government in developing local ordinances. The standards and criteria shall be different for different geographic areas of the state. The unique karst conditions and landforms of southeastern Minnesota shall be considered unique when compared with the flat scoured river terraces and uniform hydrology of the Minnesota Valley. The standards and criteria developed shall reflect those differences in varying regions of the state. The standards and criteria must include:
(1) recommendations for setbacks or buffers for mining operation and processing, including:
(i) any residence or residential zoning district boundary
(ii) any property line or right-of-way line of any existing or proposed street or highway (iii) ordinary high water levels of public waters
(iv) bluffs
(v) designated trout streams, Class 2A water as designated in the rules of the Pollution
Control Agency, or any perennially flowing tributary of a designated trout stream
or Class 2A water
(vi) calcareous fens
(vii) wellhead protection areas as defined in section 103I.005
(viii)critical natural habitat acquired by the commissioner of natural resources under
section 84.944
(ix) a natural resource easement paid wholly or in part by public funds
(2) standards for hours of operation
(3) groundwater and surface water quality and quantity monitoring and mitigation plan
requirements, including:
(i) applicable groundwater and surface water appropriation permit requirements
(ii) well sealing requirements
(iii) annual submission of monitoring well data
(iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events
(4) air monitoring and data submission requirements
(5) dust control requirements
(6) noise testing and mitigation plan requirements
(7) blast monitoring plan requirements
(8) lighting requirements
(9) inspection requirements
(10) containmentrequirementsforsilicasandintemporarystoragetoprotectairandwater
quality
(11) containment requirements for chemicals used in processing
(12) financialassurancerequirements
(13) road and bridge impacts and requirements
(14) reclamation plan requirements as required under the rules adopted by the
commissioner of natural resources
Subd. 3. Silica sand technical assistance team. By October 1, 2013, the Environmental
Quality Board shall assemble a silica sand technical assistance team to provide local units of government, at their request, with assistance with ordinance development, zoning, environmental review and permitting, monitoring, or other issues arising from silica sand mining and processing operations. The technical assistance team may be chosen from representatives of the following entities: the Department of Natural Resources, the Pollution Control Agency, the Board of Water and Soil Resources, the Department of Health, the Department of Transportation, the University of Minnesota, the Minnesota State Colleges and Universities, and federal agencies. A majority of the members must be from a state agency and all members must have expertise in one or more of the following areas: silica sand mining, hydrology, air quality, water quality, land use, or other areas related to silica sand mining.
Subd. 4. Consideration of technical assistance team recommendations. (a)When the technical assistance team, at the request of the local unit of government, assembles findings or makes a recommendation related to a proposed silica sand project for the protection of human health and the environment, a local government unit must consider the findings or recommendations of the technical assistance team in its approval or denial of a silica sand project. If the local government unit does not agree with the technical assistance team’s findings and recommendations, the detailed reasons for the disagreement must be part of the local government unit’s record of decision.
(b) Silica sand project proposers must cooperate in providing local government unit staff, and members of the technical assistance team with information regarding the project.
(c) When a local unit of government requests assistance from the silica sand technical assistance team for environmental review or permitting of a silica sand project the local unit of government may assess the project proposer for reasonable costs of the assistance and use the funds received to reimburse the entity providing that assistance.
EFFECTIVE DATE. This section is effective the day following final enactment.

PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)

Over Fracking Waste Spill

Emily Atkin, News Investigation: Exxon Mobil Corp. subsidiary XTO Energy will have to face criminal charges for allegedly dumping hydraulic fracturing waste at a Marcellus Shale drilling site in 2010, according to a Pennsylvania judge’s ruling on Thursday. Following a preliminary hearing, Magisterial District Judge James G. Carn decided that all eight charges against Exxon—including violations of both the state Clean Streams Law and the Solid Waste Management Act—will be “held for court,” meaning there is enough evidence to take the fossil fuel giant to trial over felony offenses. READ  |  DISCUSS  |  SHARE

http://www.frac-sand-logistics-2013.com/

The First Frac Sand Congress Providing Perspectives From The Entire Supply Chain

The explosive growth experienced by the frac sand industry may be leveling off from the historic price-per-ton pricing highs of 2012, but with more than half-million new wells due to be drilled by 2035, the demand for high quality frac sand clearly presents a lucrative opportunity to stakeholders across the supply chain. 
However crippling transportation logistics costs remain a significant bottleneck, exacerbated by limited rail access, terminals, freight cars and unpredictable user requirements, contributing to substantial demurrage and detention, especially in the last mile.
With this in mind, the Frac Sand Logistics Supply Chain 2013: Rail, Trucking & Transloading Opportunities Congress has been designed to bring together perspectives from across the entire supply chain to identify long term market opportunities and solutions for reducing logistical costs as well as optimizing timely delivery of product.

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