Senators Question Safety of Water Used in Gas Drilling – NYTimes.com

Senators Question Safety of Water Used in Gas Drilling – NYTimes.com.  Apr. 13, 2011

At State Level, G.O.P. Seeks Big Environmental Cutbacks – NYTimes.com

At State Level, G.O.P. Seeks Big Environmental Cutbacks – NYTimes.com.

AP: Pa. accused of rubber-stamping gas permits | AP | 04/13/2011

AP: Pa. accused of rubber-stamping gas permits | AP | 04/13/2011.

AP: Pa. accused of rubber-stamping gas permits

ALLENTOWN, Pa. – Pennsylvania environmental regulators say they spend as little as 35 minutes reviewing each of the thousands of applications for natural gas well permits they get each year from drillers intent on tapping the state’s lucrative and vast Marcellus Shale reserves.

And the regulators say they do not give any additional scrutiny to requests to drill near high-quality streams and rivers even though the waterways are protected by state and federal law.

Staffers in the state Department of Environmental Protection testified behind closed doors last month as part of a lawsuit filed by residents and environmental groups over a permit that DEP issued for an exploratory gas well in northeastern Pennsylvania, less than a half-mile from the Delaware River and about 300 feet from a pristine stream.

Reporting by the AP suggests that applications are rubber-stamped, rushed through with little scrutiny and rarely rejected. The staffers’ statements indicate that DEP regulators are overburdened , and possibly ignoring environmental laws , as they struggle to deal with an unprecedented drilling boom that has turned Pennsylvania into a major natural gas player and raised fears about polluted aquifers and air.

The agency has denied few requests to drill in the Marcellus Shale formation, the world’s second-largest gas field. Of the 7,019 applications that DEP has processed since 2005, only 31 have been rejected , less than one-half of one percent.

“Even those of us who are skeptics of the DEP, I think we all want to assume that they’re doing the basics. And they’re really just not,” said Jordan Yeager, a plaintiffs’ attorney who is challenging the drilling permit awarded to Newfield Appalachia PA LLC, a unit of Houston-based Newfield Exploration Co.

The agency declined to comment about any aspect of its permit review process, even to answer general questions.

But the depositions of four DEP staffers responsible for processing permits , taken in late March and filed with a regional water agency this week , reveal that:

, The agency doesn’t consider potential impacts on legally protected high-quality watersheds, beyond checking that wells meet minimum setbacks required of all gas wells in the state.

, Staffers don’t consider whether proposed gas wells comply with municipal or regional zoning and planning laws.

, They don’t consider the cumulative impact of wide-scale development of wells in a concentrated area.

, They appear to have a fuzzy understanding of laws that are supposed to govern their work. A supervisor was unable to define the requirements of a key anti-degradation regulation that says pristine waterways “shall be maintained and protected,” while a geologist said he didn’t know that streams and rivers legally designated as “high quality” or “exceptional value” are entitled to an extra layer of protection.

Asked by Yeager whether he had “any understanding of what it means to be an HQ watershed,” DEP geologist Joseph Lichtinger replied: “Only that it means high quality.”

“Any understanding what high quality means?” Yeager persisted.

“No.”

“Do you know what that means in terms of the level of protection that they have under the law?”

Lichtinger, who performed the substantive technical analysis of drilling permit applications, shook his head, then answered no.

Lichtinger and his supervisors also acknowledged they did not take into account that Newfield’s test well would be drilled within the federally protected wild and scenic Delaware River corridor.

The geologist testified that he spent as little as a half-hour, and up to a full day, scrutinizing each individual application. His direct supervisor, Brian Babb, testified that he took an average of two minutes per application to review Lichtinger’s work. Finally, Craig Lobins, a regional manager with the oil and gas program, told plaintiffs’ attorneys he typically spent another two minutes on each application before signing off on the permit.

“What these depositions reveal is that the state is doing next to nothing in approving permits, even in the Delaware River basin, even in high quality watersheds, even in the wild and scenic river corridor,” Yeager told The Associated Press. “All together, they are spending less than 35 minutes in approving these $5 million industrial sites that have the ability to pollute the water that’s relied upon by (millions of) people. It is unconscionable.”

But Yeager said he didn’t fault the DEP rank-and-file.

“They’ve got limited time to do a massive job. What we have allowed DEP to do is to terribly understaff this permitting process,” he said. “If we’re getting it wrong in this case, we’re getting it wrong for every well site that’s being developed.”

State law generally requires DEP to process applications within 45 days. It’s DEP policy to give drilling companies their money back if they fail to consider permits in a timely fashion. Permit fees for Marcellus Shale wells , raised recently to pay for additional enforcement staff , cost between $900 and $3,000, depending on the depth of the well bore.

Citing the lawsuit, former DEP Secretary John Hanger declined to comment on the specifics of the depositions, or on the sufficiency of the permit review process. But he pointed out that overall staffing in the oil and gas division increased from 88 in 2008 to 202 in 2010, and that some of those positions were in permit review.

“The staffing issues are ones the department needs to review constantly as this industry evolves and changes,” said Hanger, who left office in January when Republican Gov. Tom Corbett took office.

Hanger repeated his call for modernization of Pennsylvania’s 25-year-old oil and gas law. He also touted a new regulation that mandates 150-foot buffers from pristine waterways, meant to protect more than 25,000 miles of high-quality streams and rivers. However, that regulation largely exempted oil and gas wells, requiring only that they leave existing buffers undisturbed “to the extent practicable.”

DEP awarded a drilling permit to Newfield last May. It was among a handful of exploratory wells grandfathered by the Delaware River Basin Commission, a federal-interstate agency that monitors water supplies for 15 million people, including half the population of New York City. DRBC has declared a moratorium on almost all Marcellus Shale drilling in the watershed while it drafts regulations.

The Newfield well was sunk about 300 feet from Hollister Creek, whose legal designation as high quality means it supports an abundance of fish and other wildlife. In November, DEP site inspectors found deficiencies in Newfield’s erosion and sedimentation control plan and required the company to make fixes.

The plaintiffs, which include the Delaware Riverkeeper Network, the Damascus Citizens for Sustainability and three nearby property owners, have appealed Newfield’s DEP permit to the state Environmental Hearing Board. They want the well decommissioned and the site restored to its original state. A hearing on the appeal is scheduled for late May.

Pennsylvania Limits Authority of Oil and Gas Inspectors

Pennsylvania Limits Authority of Oil and Gas Inspectors

And the Philadelphia Inquirer wrote today:
Pennsylvania environment chief now must approve any shale-drilling citations

In an unprecedented policy shift, inspectors in Pennsylvania have been ordered to stop issuing violations against drillers without prior approval from Gov. Corbett’s new environmental chief.

The change, ordered last week in response to complaints by the drilling industry and its supporters in the Pennsylvania legislature, dismayed ground-level staff in the Department of Environmental Protection and drew a chorus of outrage from environmental advocates.

“I could not believe it,” said John Hanger, the last DEP secretary under Gov. Ed Rendell. “It’s extraordinarily unwise. It’s going to cause the public in droves to lose confidence in the inspection process.”  The order applies only to enforcement actions in the Marcellus Shale….

read more: fully story =  http://www.philly.com/philly/news/118971044.html

This outrageous news follows hard on the heels of President Obama’s speech indicating his support for natural gas extraction, which means fracking with all its environmental destruction and harms to public health.  Natural gas stocks rose overnight.  But read this cogent analysis of the President’s “non-plan”:
Protectors, this news is a call to action.
1.  HOLD THE DATE: Saturday April 23rd, “River to River” march here in Philatelphia (Schuylkill to Delaware) to protect our waters — to reclaim our democracy and express our outrage about horizontal hydrofracking and the “Gasocracy” trying blatantly to take over our state.  We the people need clean air, water, earth: we won’t stand for this!
2.  USE TODAY’S NEWS AS AN ORGANIZING TOOL:  don’t “read it and weep,” get angry and organized.  Make your personal plan to get five, fifty, or 500 more people, businesses, and organizations to comment to the DRBC between now and April 12th using our new letter HERE: (Finally, it’s easy)! http://tinyurl.com/46lbsg6
Forward widely!  We will print and HAND DELIVER ALL E-LETTERS directly to the DRBC as long as they come in by April 12th midnight.
We can then galvanize all these letter-writers to speak out in an organized way to protect the whole state and region!
3.  FYI: where POW will be tonight, 7 pm, Drexel: (you can pick up lit. from our table here if you want to do outreach):  http://www.revbilly.com/events/drexel
Closing thought for the day from Protecting Our Waters organizers Gerald Kaufman, a former Pennsylvania legislator himself:
“This is important. Reading this [Obama’s non-plan] and the morning Inky regarding the DEP shale inspectors needing to get permission from the Secretary’s office to issue a violation is energizing me. I think back to the 60s and 70s and how we were able to impact the direction of the country because we were so well organized. We had mass involvement in the civil rights, anti war and women’s movements and it was the beginning of the environmental movement. Now we have a country ruled by the oligarchs and the only movement involving large numbers is the Tea Party. So instead of feeling depressed I feel energized and and am happy to be part of a larger movement that POW represents. I think the DEP article today is a great organizing tool.”   –Gerald Kaufman


Iris Marie Bloom
Director, Protecting Our Waters
www.protectingourwaters.com

c (215) 840-6489
protectingourwaters@gmail.com

Groups Warn Governor Cuomo About Gas Extraction Plan

An excellent demonstration of the power of letter-writing and media attention!

Groups warn Cuomo about gas extraction plan

Posted on March 30, 2011 at 1:02 pm by James M. Odato in General

About 40 groups, ranging from Neighbors of the Onondaga Nation to Trout Unlimited, wrote to Gov. Andrew Cuomo Tuesday advising him to put the brakes on allowing hydraulic fracturing that they said would pose risks as currently planned. Companies are eager to drill into the deep shale deposits below New York’s surface to extract natural gas.

“We are writing to you on an issue of urgent importance to all New Yorkers – assuring that New York State does not rush to allow risky new drilling techniques in the Marcellus and Utica Shale formations unless the protection of the State’s drinking water supplies and other irreplaceable resources can be demonstrated,” the groups, including Common Cause and the Natural Resources Defense Council, wrote.

“Specifically, we ask that you clearly confirm that the New York State Department of Environmental Conservation (DEC) will be allowed both adequate time and resources to fully and properly evaluate the full range of potential risks associated with new natural gas development utilizing hydraulic fracturing, or “fracking,” before issuing a revised draft Supplemental Generic Environmental Impacts (DSGEIS) pursuant to Executive Order 41 (EO 41). Simply put, the arbitrary June 1, 2011 target date established by former Governor David Paterson in EO 41 is wholly inadequate to allow for the development of an appropriately comprehensive or legally sufficient revised DSGEIS.”

The letter was copied to Department of Environmental Conservation Commissioner Joe Martens.

 

AP Interview: New York drilling regs may take all summer

Published: Thursday, March 31, 2011, 9:36 AM     Updated: Thursday, March 31, 2011, 9:41 AM
The Associated Press By The Associated Press The Post-Standard

ALBANY, N.Y. (AP) — Joe Martens, the new head of New York’s Department of Environmental Conservation, says gas drilling in the massive Marcellus Shale formation is the most daunting environmental issue the agency has faced in its 40-year history, but he’s hopeful rules will be in place by summer’s end to address all the potential impacts.

In an interview with The Associated Press Wednesday, Martens said DEC staff will meet twice a week starting in early April and through the summer to complete a new environmental impact statement for gas drilling that addresses issues raised in the 13,000 comments received on the first draft completed in September 2009.

New York has had a moratorium on gas drilling in the Marcellus Shale since 2008 while new rules are being developed.

 

Tioga Co. Resource Binder

TING_FINAL_Resource_Binder_3_11_11.pdf (application/pdf Object).

Resource Binder:
Natural Gas Exploration & Development Prepared by Tioga Investigates Natural Gas
Winter, 2011

 

Lancaster Online : State geologist discusses Marcellus Shale in talk here

Lancaster Online : State geologist discusses Marcellus Shale in talk here.

State geologist discusses Marcellus Shale in talk here
Posted:  03/10/2011 11:17 PM
Caption: “In this file photo, a natural gas drill sits atop a ridge near Knoxville, Pa.”Marcellus Shale in Pennsylvania will not be denied, predicts the man responsible for natural gas leases in state forests and state parks. 

“The reason Pennsylvania is hot, hot, hot is because we potentially have the largest gas field on planet Earth in Pennsylvania, situated in the middle of the largest integrated gas market on planet Earth. Transportation costs are virtually nil. You couldn’t ask for any better situation,” said Teddy Borawski, chief oil and gas geologist for the state Department of Conservation and Natural Resources.

“This thing is going to go on for 50 years,” Borawski said, adding that Marcellus natural gas from Pennsylvania alone could supply all the country’s needs for 20 to 25 years.

Controversy swirls around aspects of the just-taking-hold natural gas boom in Pennsylvania. But Borawski predicts the northern and western portions of the state will become pocked with gas wells over the next five decades.

Specifically, he said, the number of wells to be drilled on both public and private land will increase from about 6,400 wells today to 120,000 wells, perhaps even 180,000.

He said he thinks that can be done safely, with constant vigilance.

And the manager of subsurface programs for the state Bureau of Forestry made some other bold predictions, such as Williamsport rivaling Philadelphia and Pittsburgh as an economic hub in the state.

Also, he said, the extent of the Marcellus Shale reservoir of gas, and other untapped formations here and in other states, will move the United States to a natural gas-driven economy.

“Because it’s there and it’s going to be cheap and plentiful,” he said.

Borawski gave an hour-plus rundown on Marcellus Shale on Thursday in Neffsville before about 50 attentive members of the Pennsylvania Dutch Chapter of the Chartered Property Casualty Underwriters Society.

Among the audience were at least two representatives of out-of-state energy companies currently operating Marcellus Shale wells in Pennsylvania.

Borawski’s former boss, former DCNR secretary John Quigley, said last August that the 2.2-million-acre state forestlands couldn’t withstand any more gas pads without environmental damage.

Asked about that, Borawski replied, “I have no comment I can make.”

But referring to a de facto hold on additional gas leases on public land that former Gov. Ed Rendell made in the last few months of his administration, Borawski said Rendell “wanted to push companies as hard as he could” in seeking a severance tax on gas drilling.

Gov. Tom Corbett has removed those roadblocks, is opposed to a severance tax, and wants to get gas extraction running full-tilt.

Borawski did say he hoped Corbett doesn’t seek “wholesale leasing” of gas on state forests. There is room for expansion and to generate revenue for state coffers, he said. “We can do that, but let us do that on our own terms. But we’re subject to what the governor tells us to do.”

Borawski, who has been involved with oil drilling on the Gulf Coast, was asked about the recent documentary “Gasland,” an Academy Award-nominated documentary made partially in Pennsylvania that portrays drilling as harmful to the environment and residents.

“Joseph Goebbels would have been proud,” Borawski replied. “He would have given him the Nazi Award. That, in my opinion, was a beautiful piece of propaganda.”

Borawski also was asked about a recent New York Times series of stories that painted a picture of lax environmental laws and enforcement in Pennsylvania regarding Marcellus Shale drilling.

“It confused the situation and was very poorly written technically,” Borawski said.

But he said the story raised legitimate issues about water concerns.

Water needed for gas drilling will not cause water shortages anywhere and currently uses much less than the state’s golf courses, he said.

But, he added, “Where we have a problem is where you are taking it from and when you are taking it. And flowback being treated.”

He said state regulators will have to remain vigilant in protecting the state’s water resources because if unguarded there always will be companies looking to take shortcuts.

The federal Environmental Protection Agency is doing a study on the impacts of hydraulic fracking and will use Bradford and Susquehanna counties as study areas.

acrable@lnpnews.com

By: AD CRABLE

R40894.pdf (application/pdf Object)

Unconventional Gas Shales: Development, Technology, and Policy Issues. R40894.pdf (application/pdf Object).  Congressional Research Service, 2009  No. R40894

hydrofracking Energy & Commerce hearing request.pdf (application/pdf Object)

Hydrofracking Energy & Commerce hearing request

 

hydrofrackingEChearingrequest.pdf (application/pdf Object).

hydrofrackingTransportation Infrastructure hearingrequest.pdf (application/pdf Object)

HydrofrackingTransportation Infrastructure hearingrequest

 

 

hydrofrackingTIhearingrequest.pdf (application/pdf Object).