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.

 

EPA BEGINS INVESTIGATION OF PENNSYLVANIA

EPA BEGINS INVESTIGATION OF PENNSYLVANIA


EPA sends letter to PA regarding drinking water.
PA has 30-days notice about waste treatment / records:
http://www.damascuscitizens.org/EPA-to-PA.pdf

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

Growing in Power, Natural Gas Attracts Enemies – NYTimes.com

Growing in Power, Natural Gas Attracts Enemies – NYTimes.com.

By ANNE C. MULKERN of Greenwire
Published: February 16, 2011
Green

A blog about energy and the environment.

As the fuel grows in market share and political power, several green groups have launched campaigns highlighting potential problems. They raise questions about everything from how natural gas is extracted to how much of a climate benefit it offers over competitors.

“Natural gas, especially newly available unconventional gas, has the potential to dramatically shift the energy landscape in the U.S.,” said Matt Watson, senior energy policy manager at Environmental Defense Fund. “Done right, it could be an important part of de-carbonizing our economy as we ramp up on truly clean energy resources. Done wrong, it could further entrench us on the losing side of the climate equation and do very real damage.”

The efforts build on the buzz of Oscar-nominated “Gasland,” an anti-drilling documentary. The natural gas industry, which calls many aspects of that movie erroneous, argues that the concerns of environmental groups are misplaced.

“We are proud of the extraordinary role that natural gas can play in power generation, transportation and manufacturing to advance cleaner air and improve U.S. energy security,” said Dan Whitten, spokesman for America’s Natural Gas Alliance, the trade group for independent companies. “Our members are committed to the safe and responsible development of this resource.”

Natural gas is surging in use, pushed by record low prices for the fuel.

In 2010, natural gas constituted 24 percent of power generation, from 13 percent in 1996, according to U.S. Energy Information Administration (EIA).

EIA projects that by 2024, natural gas will drop back slightly to 21 percent because of growth in renewable power and because the price of natural gas will start to rise, making coal more competitive.

But it could be buoyed by Congress. Some are talking about including the fuel in a clean energy standard, a requirement that utilities generate a portion of their power from less polluting sources.

President Obama in his State of the Union address said he wanted the country to use 80 percent clean power by 2035. In addition to renewable sources, the White House has mentioned meeting that goal with nuclear power, coal with carbon sequestration and some natural gas.

Groups like the Sierra Club have watched that growth and natural gas’s growing clout, and decided that they needed to seek more federal oversight.

“It became very evident that this was a huge, looming problem and we needed to get it right,” said Bruce Hamilton, director of the Sierra Club’s Global Warming and Energy Program. “We don’t just want to open the floodgates [and] at the same time not address the very, very serious impacts that natural gas has on the human and the natural environments.”

The Sierra Club argues that drilling for the fuel can lead to groundwater contamination and problems with leaks into homes. Natural gas drillers, the green group said, enjoy exemptions from parts of several environmental rules.

The Environmental Defense Fund (EDF) contends that there are doubts about the widely held belief that natural gas emits half the greenhouse gases of coal.

The Natural Resources Defense Council, meanwhile, is filing lawsuits against developers it believes have violated federal law. NRDC also is also lobbying for beefed-up regulation of the hydraulic fracturing technique used in some drilling.

On Thursday, the cause gets help from Hollywood. NRDC and Environmental Working Group will join “Gasland” director Josh Fox in lobbying lawmakers on the need for more drilling regulation. Mark Ruffalo, an Oscar-nominated actor, also will attend. Ruffalo lives in New York and Fox part-time in Pennsylvania in towns affected by shale gas development.

The natural gas industry said it has plenty of regulation.

“Natural gas is routinely produced safely in communities across the country,” Whitten said. “This is due to the commitment of our industry to responsible development, and credit also is due to the vigilant oversight of state regulators.

Click link above for more.

Cuomo’s Choice For DEC Sticks To Official Line On Gas Drilling | Albany Watch

Cuomo’s Choice For DEC Sticks To Official Line On Gas Drilling | Albany Watch.

EPA Submits Draft Hydraulic Fracturing Study Plan to Independent Scientists for Review

EPA Submits Draft Hydraulic Fracturing Study Plan to Independent Scientists for Review

The draft plan is open to public comment  2/8/11

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today submitted its draft study plan on hydraulic fracturing for review to the agency’s Science Advisory Board (SAB), a group of independent scientists. Natural gas plays a key role in our nation’s clean energy future and the process known as hydraulic fracturing is one way of accessing that vital resource. EPA scientists, under this administration and at the direction of Congress, are undertaking a study of this practice to better understand any potential impacts it may have, including on groundwater. EPA announced its intention to conduct the study in March 2010 and use the best available science, independent sources of information, a transparent, peer-reviewed process and with consultation from others. Since then, EPA has held a series of public meetings across the country with thousands attending and the agency has developed a sound draft plan for moving forward with the study.

The scope of the proposed research includes the full lifespan of water in hydraulic fracturing, from acquisition of the water, through the mixing of chemicals and actual fracturing, to the post-fracturing stage, including the management of flowback and produced or used water and its ultimate treatment and disposal.

The SAB plans to review the draft plan March 7-8, 2011. Consistent with the operating procedures of the SAB, stakeholders and the public will have an opportunity to provide comments to the SAB during their review. The agency will revise the study plan in response to the SAB’s comments and promptly begin the study. Initial research results and study findings are expected to be made public by the end of 2012, with the goal of an additional report following further research in 2014.

Hydraulic fracturing is a process in which large volumes of water, sand and chemicals are injected at high pressures to extract oil and natural gas from underground rock formations. The process creates fractures in formations such as shale rock, allowing natural gas or oil to escape into the well and be recovered. Over the past few years, the use of hydraulic fracturing for gas extraction has increased and has expanded over a wider diversity of geographic regions and geologic formations.

For a copy of the draft study plan and additional information:http://yosemite.epa.gov/sab/sabproduct.nsf/02ad90b136fc21ef85256eba00436459/d3483ab445ae61418525775900603e79!OpenDocument&TableRow=2.1#2

More information on hydraulic fracturing:
www.epa.gov/hydraulicfracturing

DEP losing staff to gas drilling industry – News – The Times-Tribune

DEP losing staff to gas drilling industry – News – The Times-Tribune.

Clean Air Under Siege – NYTimes.com

Clean Air Under Siege – NYTimes. Feb. 6, 2011.

 

Shortly after he entered the Senate in 2007, John Barrasso told his Wyoming constituents that the country’s biggest need was an energy policy to deal with carbon dioxide, the main greenhouse gas.

That was then. In lockstep with other Senate Republicans, he helped kill last year’s energy and climate bill. Now he has introduced a bill that would bar the Environmental Protection Agency and any other part of the federal government from regulating carbon pollution.

Congress’s failure to enact a climate bill means that the E.P.A.’s authority to regulate these gases — an authority conferred by a landmark Supreme Court decision in 2007 — is, for now, the only tool available to the federal government to combat global warming.

The modest regulations the agency has already proposed, plus stronger ones it will issue later this year, should lead to the retirement of many of the nation’s older, dirtier coal-fired power plants and a dramatic reduction in carbon emissions.

Mr. Barrasso’s bill is not an isolated challenge. Senator James Inhofe, the Oklahoma Republican who called global warming the “greatest hoax ever perpetrated on the American people,” has unveiled a somewhat narrower bill to undercut the E.P.A.’s authority to regulate carbon dioxide. Fred Upton, the Michigan Republican and new chairman of the House Energy and Commerce Committee, simultaneously introduced a companion bill.

There are a half-dozen other such measures in circulation, at least one of which would weaken the agency’s long-held powers to regulate conventional ground-level pollutants like soot and mercury.

One or another of these bills has a real shot in the Republican-controlled House. Their chances are slimmer in the Senate, where the bigger danger is a proposal by Jay Rockefeller, a West Virginia Democrat, that would block any new regulations on power plants and other industrial sources for two years.

That is just obstruction by another name. It would delay modernization and ensure that more carbon is dumped into the atmosphere. History shows that regulatory delays have a way of becoming permanent.

It is tempting to blame the entire energy industry for these attacks on the E.P.A.’s authority. The oil companies are pushing hard against any new rules. The utilities are split. Some companies like General Electric — whose chief executive, Jeffrey Immelt, is now advising President Obama — signed on to the energy bill that passed the House last year, when it was still under Democratic control.

Mr. Inhofe, an outlier before the midterm elections, has a lot more company now. Even among lawmakers who accept the facts of global warming, he is getting considerable mileage with baseless charges that the E.P.A. is running amok.

The agency does have a heavy regulatory agenda. It will issue proposals not only on greenhouse gases but also ozone, sulfur dioxide, and mercury, which poisons lakes and fish. These regulations are fully consistent with the Clean Air Act. Some of them should have been completed during the Bush years; all are essential to protect the environment. The agency’s administrator, Lisa Jackson, has moved cautiously, making clear that she will target only the largest polluters and not, as the Republicans claim, mom-and-pop businesses.

In his State of the Union address, President Obama promised to protect “common-sense safeguards” to the nation’s environment. The rules under siege in Congress will help clean the air, reduce toxic pollution in fish and slow emissions of greenhouse gases. It is hard to imagine anything more sensible than that.

Groups File Federal Gas Drilling Lawsuit against Delaware River Basin Commission

FOR IMMEDIATE RELEASE
February 2, 2011

http://www.damascuscitizens.org/DRBC-lawsuit.html <blocked::http://www.damascuscitizens.org/DRBC-lawsuit.html>

CONTACT:
Damascus Citizens for Sustainability – Jeff Zimmerman (240) 912-6685
Delaware Riverkeeper Network – Tracy Carluccio (215) 692-2329

Groups File Federal Gas Drilling Lawsuit against Delaware River Basin Commission


Trenton, New Jersey —The Delaware Riverkeeper Network and Damascus Citizens for Sustainability have joined forces in filing a federal lawsuit against the Delaware River Basin Commission (DRBC) in federal district court in Trenton, NJ.  Complaints were served on the DRBC today.  The conservation groups are challenging the actions the DRBC took to allow certain exploratory natural gas wells to be drilled without DRBC review and approval and despite a Basin-wide moratorium on gas wells.

In May, 2009, Carol Collier, Executive Director of DRBC, issued a determination requiring individual review by the Commission of each shale gas production well.  A year later the Commission decided to defer action on all gas production wells until regulations are adopted by the Commission to protect the Basin’s water resources.  But the Commission left open a loophole for exploratory wells created by the 2009 Executive Director Determination. In June, 2010, the Executive Director issued a supplemental determination that closed the exploratory well loophole.  However, in this exploratory well determination, the Executive Director exempted wells that had obtained state drilling permits while the loophole was in effect.  These wells are referred to as “grandfathered” wells.

“The drilling of a gas well, whether exploratory or production, has serious environmental impacts.  Since the DRBC is supposed to protect the River and the clean drinking water for over 15 million people, they shouldn’t have allowed these wells to proceed without DRBC oversight.  These wells threaten pollution and may have already caused pollution.  We want these wells removed and the land restored,” said Maya van Rossum, the Delaware Riverkeeper.

At its July, 2010, meeting, the Commission granted a number of hearing requests challenging different aspects of the executive director’s exploratory well determination.  One of the requests granted was a challenge by the conservation groups to the “grandfathered” wells reservation.  The hearing was supposed to examine whether the Executive Director exceeded her authority when she excluded the grandfathered wells from DRBC regulation.

The DRBC also ignored the National Park Service by not reviewing the grandfathered wells.  The Park Service had invoked its authority under the DRBC’s rules to refer all exploratory wells to the DRBC for review, and Ms. Collier had no authority to allow any exemptions from this federal referral.

In accordance with pre-hearing procedures directed by the hearing officer, the conservation groups obtained and submitted a series of nine reports from experts on issues related to the pollution risks associated with drilling the grandfathered exploratory wells, which are essentially vertical gas wells that are not yet hydraulically fractured but which inflict all the impacts of well construction and drilling, including the use of drilling chemicals in fragile geology, the clearing of land in ecologically sensitive areas, and the installation of an industrial operation in rural landscapes.  Moreover, the wells, in what may be environmentally risky locations, can become long-term production wells. The expert reports showed clearly that state regulations are not adequate to prevent pollution from the grandfathered wells; that groundwater, streams, and the main stem River would pay the price; and that the wells would violate the DRBC’s anti-degradation requirements.

“When the Commission terminated the hearing process, it forced us to go to court to uphold the protection the Compact provides for the critical water resources for New York City, Philadelphia and all the other communities and water supply systems that depend on the Delaware River for water,” said Barbara Arrindell, director of Damascus Citizens for Sustainability.  She continued, “The proper process would be to look first, before allowing any wells, at the cumulative impacts that would be produced by this type of industrial development,  It certainly is wrong to allow these gas wells without any review whatsoever.  The DRBC does not exist to facilitate the aims of the drillers.”

The conservation groups allege that the DRBC Executive Director’s actions on the grandfathered wells were arbitrary, capricious, an abuse of her discretion and in violation of applicable law in the Compact and the Commission’s administrative Rules of Practice and Procedure.  The complaint asserts that by terminating the hearing process before the hearing could be held, the Commission violated the conservation groups’ due process rights.

The conservation groups seek relief in the form of a declaratory judgment that the Commission and the Executive Director violated applicable law, that no further exploratory wells should proceed, and that the already drilled wells were wrongly allowed, should be removed, and the sites cleaned up and restored to natural conditions.

FULL COMPLAINT:
http://www.damascuscitizens.org/DRN+DCSvsCollier+DRBC.pdf <blocked::http://www.damascuscitizens.org/DRN+DCSvsCollier+DRBC.pdf>
or
http://www.delawareriverkeeper.org/resources/Comments/DRN%20v%20Collier%20Final%20Complaint.pdf <blocked::http://www.delawareriverkeeper.org/resources/Comments/DRN v Collier Final Complaint.pdf>