A Range of violations on shale gas drilling in PA

Natural gas driller Range Resources, which has substantial operations in the Marcellus Shale region, has been fined $8.9 million by the Pennsylvania Department of Environmental Protection (DEP) for allowing a "defectively cemented gas well" to leak methane and other substances into groundwater and a stream in Lycoming County. This is the largest fine ever assessed for a shale gas drilling violation in Pennsylvania and is double the then-record $4.1 million fine that Range was assessed in September 2014 for wastewater impoundments that were leaking fracking fluid.

While the driller is appealing the fine to the state's Environmental Hearing Board, DEP Secretary John Quigley is confident that agency action was necessary. "Range Resources has the responsibility to eliminate the gas migration that this poorly constructed well is causing," he said in a statement. "Refusing to make the necessary repairs to protect the public and the environment is not an option."

Photo by Penn State News via Creative Commons

Yep, the top cop is on the beat, which is exactly what the people of Pennsylvania want, and expect, from their environmental regulator. On the flip side is yet another drilling company that refuses to acknowledge its actions with respect to methane leaks that are hurting our air and water.

The citizens of the Commonwealth, as per Article 1, Section 27 of the Pennsylvania constitution, are entitled to "...clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment..." Drinking water supplies contaminated by methane leaks are not acceptable. Similarly, choking on air fouled by methane emissions from natural gas drilling operations is not what Pennsylvanians signed on for.

Natural gas drillers will continue to operate with impunity in Pennsylvania until we say they cannot. The civil penalty announced by DEP on June 16 is the right action around an unfortunate set of circumstances.

PennFuture supports proposed revisions to the state's oil and gas laws under Pa. Code Chapter 78 as a vital step toward holding drillers accountable and thereby protecting public health and the environment. We are also calling for the direct regulation of methane emissions in Pennsylvania as is the case in other gas-drilling states. Methane, a potent greenhouse gas, should not be leached into our water and spewed into our air by irresponsible operators.

Enforcement of existing regulations is necessary, but the goal is to not have such leaks in the first place. We hope the lessons learned from this and other violations will allow DEP to continually improve our regulations and require best practices industry-wide.

Elaine Labalme is Strategic Campaigns Director for PennFuture and is based in Pittsburgh. She tweets @NewGirlInTown.

Proposed revisions to state oil and gas regulations announced by DEP

We offered our support this week for proposed revisions to Pennsylvania's oil and gas regulations in the following statement: 

PennFuture today signaled its support for comments made by John Quigley, acting secretary of the Department of Environmental Protection (DEP), as he announced revisions to the state's proposed oil and gas drilling regulations as listed in 25 pa. Code Chapter 78 (for conventional oil and gas operations) and Chapter 78a (for unconventional oil and gas operations). 

The revised proposal is an update to regulations that were proposed by DEP in December 2013. Those draft regulations were the subject of more than 24,000 comments from stakeholders on all sides of the issue. PennFuture submitted detailed comments urging DEP to strengthen the regulations to better protect public health and the environment. The organization was gratified to learn that the revised regulations are expected to incorporate many of the ideas included in its 46-page comment letter, including:

• elimination of the use of well-site waste storage pits by unconventional well operators;
• permitting of centralized wastewater impoundments only through the Residual Waste Regulations at 25 Pa. Code Chapter 299, which have more stringent engineering requirements and environmental protections than those the DEP originally proposed to include in Chapter 78;
• extension of the time period for agencies in charge of “public resources” to review and comment on plans for oil and gas drilling operations that may impact public resources; and
• explicit language making clear that a drinking water supply contaminated by oil and gas operations must be restored to the better of pre-drill conditions or Safe Drinking Water Act standards.
  "We're pleased to hear Acting Secretary Quigley emphasize the importance of 'protecting public health and the environment,' and undertaking a process that is 'thoughtful, deliberate, and transparent,' as DEP moves toward finalizing these vital regulations by spring of 2016," said John Norbeck, acting president and CEO of PennFuture. "It is paramount that we have strong rules of the road for oil and gas operations in the state. Our citizens have been demanding this, as witnessed by the 70 percent of Pennsylvanians who support the direct regulation of methane emissions."
  The environmental advocacy organization will review the draft Chapter 78 regulations in full when they are made available by DEP. It will then offer additional comment during the upcoming 30-day period for public participation.
  Elaine Labalme is director of communications for PennFuture and is based in Pittsburgh. She tweets @NewGirlInTown.

Fly-by: An aerial snapshot of methane emissions

As with so many scientific studies, a preponderance of evidence over a period of time tends to prove a point. That's the lens through which we should assess the study of methane emissions from natural gas drilling operations.

A recent aerial study of three drilling regions in the U.S. including the Marcellus Shale found, based on a single day of data, that methane emissions were at the low end of what other research has suggested. However, notes Mark Brownstein of the Environmental Defense Fund, it's not cause for celebration just yet as more robust studies over longer periods of time suggest methane emissions are often higher than previous estimates.


"EDF’s own studies – including two released last week looking at the transmission and storage and gathering and processing sectors of the oil and gas industry – have repeatedly shown that random leaks and malfunctions are a major source of emissions," said Brownstein. "Because these events are random, a one-day overflight will not give a full picture of emissions coming from a basin over a day, a month, or a year. What is needed is regular and ongoing monitoring."


The evidence once again speaks to the need for ongoing leak detection and repair programs like those implemented in Colorado, Ohio and Wyoming, and why Pennsylvania must show leadership by enacting strong methane regulations.

"Methane has the potential to undermine the climate benefits natural gas provides over other fossil fuels," says Brownstein. And he's right. Pennsylvania cannot afford to wait.

Elaine Labalme is director of communications for PennFuture as is based in Pittsburgh. She tweets @NewGirlInTown.

BREAKING: Gov. Tom Wolf proposes a 5 percent severance tax on natgas drilling in PA

John Norbeck, acting president and CEO of PennFuture, today issued the following statement regarding Gov. Wolf's proposed 5 percent severance tax on natural gas drilling activity in Pennsylvania:

“Gov. Wolf has heeded the call of Pennsylvanians, who strongly support a severance tax on natural gas drilling in the Keystone state,” said John Norbeck, acting president and CEO of PennFuture. “Pennsylvania is currently the largest natural gas-producing state without a severance tax, and it's time that drillers pay their fair share. As the governor noted, a portion of the tax will deal with the environmental impacts of drilling, an inherently industrial activity. We urge him to also apportion funding from this tax toward renewable energy and energy efficiency.

“Pennsylvania has a history of extractive industries that have harmed the environment and left successive generations to pay for the damage. Gov. Wolf's actions today clearly show that this pattern will come to a close.

“The governor is making it clear that the rights of the citizens of Pennsylvania come first, and the Sheriff is back in town when it comes to natural gas drilling. We cheered his reinstatement less than two weeks ago of the moratorium on new drilling leases of public lands, and applaud his actions today on taxing shale gas drilling in Pennsylvania. Enacting a rule to control methane emissions from natural gas operations should be next on Gov. Wolf's list, a move supported by 70 percent of Pennsylvanians in a recent poll.”

BREAKING NEWS: Gov. Tom Wolf reinstates moratorium on further gas leasing of public lands

Great news for Pennsylvania's state forests and state parks. 

In a ceremony at Benjamin Rush State Park in Philadelphia this morning, Governor Wolf reinstated a moratorium on further gas leasing of public lands. The executive order would supersede an executive order signed by former Gov. Tom Corbett last year that overturned a previous ban on further drilling of public lands.

We are pleased to see Gov. Wolf move quickly to protect our state parks and forests from natural gas drilling. These lands are held in the public trust as provided by Article 1, Section 27 of the Pennsylvania constitution, and are places where our families gather and play. The governor has wisely chosen to protect the people of Pennsylvania over the profits of drillers.

With the help of PennFuture members and thousands of Pennsylvanians across the state, we kept the pressure on Harrisburg -- and your voices were heard.

The citizens of the Commonwealth have long valued the special places that our award-winning state parks and state forest represent. Gov. Wolf's action today will help preserve those places as it promotes public health.

Andrew Sharp is PennFuture's director of outreach and is based in Philadelphia. 

Highlights from PennFuture's Post-Election Forum

Before a packed house at The Civic Club of Harrisburg, PennFuture hosted a Post-Election Forum on Energy and the Environment. Panelists included Rep. Kate Harper, Rep. Greg Vitali, PennLive's opinion editor John Micek, PennFuture President Cindy Dunn, and -- yours truly -- director of outreach, Andrew Sharp. Political scientist and pollster Dr. Terry Madonna delivered the keynote address.

If you couldn't make it, we've assembled a sampling of tweets from the event. Topics included drilling in parks, clean air, land, and water, methane regulations, and what Governor-elect TomWolf's 100-day agenda would look like.

The @WolfForPA administration will have many challenges to address viz air/water/land says @CindyDunnPA. #PFForum
— PennFuture (@PennFuture) December 3, 2014

"PA has legacy of fossil fuel development that has left successive generations to deal with the impacts." --@CindyDunnPA #PFForum
— PennFuture (@PennFuture) December 3, 2014

"We Pennsylvanians are rich because of our outdoor legacy. Tom Wolf supports an unambiguous moratorium on public lands leasing." #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@GregVitali: @GovernorCorbett had lack of sensitivity to environmental issues, hopefully @WolfForPA will see it differently." #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@RexBainbridge "Election a referendum on Corbett's mishandling of gas industry, unwillingness to tax or regulate it." #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@RexBainbridge "@WolfforPA understands environmental regulation as a core issue, takes climate change seriously." #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@RexBainbridge "Worthwhile to look at amount of fossil fuel subsidies we're providing in PA, it's $2.9 billion." #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@GregVitali "@WolfforPA will have to make choices, tradeoffs b/c of conservative makeup of house and senate." #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@RexBainbridge ""Gov-elect Wolf can institute in 1st 100 days a rulemaking for methane regulations in PA. Can do w/o legislature" #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@gregvitali "Ample reason to do methane regulations outside of legislature, by the governor. @WolfforPA wants to tighten regs" #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@terrymadonna "I've done lots of polling on natgas industry--in general, PA voters support fracking but want it done safely." #PFForum
— PennFuture (@PennFuture) December 3, 2014

.@terrymadonna "Voters overwhelmingly support severance tax. Also, overwhelming: Drillers, stay out of state parks." #PFForum
— PennFuture (@PennFuture) December 3, 2014

Audience Q: "How do enviros message more effectively?" @terrymadonna "Coalitions. Constant diligence, hard work." #PFForum
— PennFuture (@PennFuture) December 3, 2014

Andrew Sharp is PennFuture's director of outreach and is based in Philadelphia. He tweets at @RexBainbridge.  

State audit criticizes DEP's handling of drilling industry

Yesterday, state Auditor General Eugene DePasquale released his report on the Special Performance Audit of the Pennsylvania Department of Environmental Protection (DEP). The audit made clear that DEP is falling well short in its regulatory oversight of the shale gas industry. 

The Auditor General indicated that while DEP disagreed with all of its findings, the Department was willing to accept a majority of its recommendations. He also indicated that while there have been improvements since the audit began in 2013, the “telltale sign” of the audit's success would be the implementation of its 29 recommendations. 

PennFuture's Vice President, John Norbeck, released this statement on the audit: 

“While we commend the employees at DEP for their ongoing efforts to address the environmental impacts of Pennsylvania's natural gas drilling boom, it's clear that the Department is not keeping up with its statutory role. The Auditor General noted in his report eight key findings that outlined, among other concerns, the Department's failure to issue administrative orders when violations occurred, effectively allowing the industry to police itself. Further, the report noted that the Department had no clear inspection schedule for gas wells, and evidenced a startling lack of transparency and accountability. When our citizens have greater access to information about kennel inspections and restaurant inspections than they do natural gas well inspections, we have a problem.” 

“DEP is severely underfunded and understaffed at a time when the natural gas industry in Pennsylvania is experiencing substantial growth. The Corbett administration should be increasing agency staffing, not decreasing it, and ensuring that DEP employees have the necessary tools to do their jobs. Anything less is a failure of leadership. We are again issuing the call for a drilling tax that will allow for rigorous monitoring of the natural gas industry as it makes drillers more accountable for the inevitable environmental damage that will result from this industrial activity.”  

“This report could not be clearer: DEP needs additional funding, more cops on the beat, and a robust monitoring system. While other gas drilling states are pursuing world-class inspection standards, Pennsylvania is falling short. We can ill afford to let another extractive industry run roughshod over the Commonwealth. We cannot repeat the mistakes of the past, mistakes for which we are still paying dearly.”

For more coverage of the audit: Philadelphia Inquirer, Pittsburgh Post-Gazette, StateImpact, Associated Press, Philadelphia City Paper.  

Andrew Sharp is PennFuture's Director of Outreach and is based in Philadelphia. He tweets at @RexBainbridge.

Irresponsible budget jeopardizes state parks

At the time of publication, Governor Tom Corbett has yet to decide whether he will sign the $29.1 billion budget passed by the Pennsylvania General Assembly. If you care about our state's land, air, and water,  there are a host of reasons why this budget is short-sighted and harmful.

Among the most serious concerns: It balances the budget on the back of public lands by expanding gas leasing of state forests, and contains the first-ever Marcellus gas leasing of state parks. 

The budget poses substantial risks to some of the state’s best economic and recreational assets: Our state parks and forests. It further enriches the gas industry, rather than asking it to pay its fair share in the form of a drilling tax -- a measure that exists in every other major gas-producing state.

In May, Governor Corbett lifted a moratorium on the leasing of public lands for natural gas drilling and proposed generating $75 million in new lease revenue from fracking our parks and forests. The state legislature took the Governor’s bad idea and made it worse – upping the ante to $95 million in its own budget.

Just as concerning, the choice to lease state parks for gas drilling could help unleash a significant amount of unconventional gas development on the doorstep of our State Parks above and beyond what is proposed by the Corbett administration and the General Assembly. 

And here's why: Because the Commonwealth does not control 80 percent of the mineral rights under state parks, many of our parks have been wide open to unconventional gas drilling. So why, then, have we not seen gas development in our state parks or on their doorstep as a means to access the gas under the parks? Because gas companies understand the affinity that Pennsylvanians have for our state parks and the likely public relations debacle that would ensue if development was pursued.

But if the Commonwealth reverses long-standing policy, and brings development to the doorstep of state parks, what will these companies and other subsurface rights owner do?

It is logical to assume that many of these companies, with the Commonwealth leading the way, will argue that what is good for the goose is good for the gander and proceed to develop their gas rights under state parks.

Some of our most iconic parks such as Ohiopyle and Ricketts Glen lie above the Marcellus shale. Do Pennsylvania families want to forever alter some of our most beloved parks? Will we want to picnic within the rumble of trucks and heavy equipment? Do we want to go hiking in sight of drilling rigs and compressor stations?

Andrew Sharp is PennFuture's Director of Outreach and is based in Philadelphia. He tweets @RexBainbridge.

Governor's plan for leasing on state lands brings questions but no answers.

Last week, I attended the Department of Conservation and Natural Resources' (DCNR) Natural Gas Advisory Committee meeting to get a first glimpse of the highly anticipated Marcellus Monitoring Report. The meeting was divided into two parts, with the second half devoted to the monitoring report and the first focusing on Governor Tom Corbett's proposal to allow further leasing of Pennsylvania’s state parks and state forests so long as there is no additional “surface disturbance.”

The governor’s proposal would require drilling of the newly leased lands to occur from adjacent private lands or from already leased state lands. Given these restrictions, representatives from the gas industry expressed serious concerns regarding the practicality and feasibility of the proposal. Essentially, the big question was: Is it really possible to not have additional surface disturbance?

Here’s why. Well pads are designed for a certain number of wells, and wells can’t be drilled like spokes in a wheel; rather, the direction of their laterals is often determined by geology. These constraints only raised more questions, e.g. can drillers request additional well pads if they’re allowed under the existing lease? Can drillers expand existing pads if that’s needed to make drilling feasible?

Industry representatives also said that some temporary disturbance will be needed, and this prompted multiple questions from committee members, including: What is temporary? How long is temporary? Does the disturbance have to be low impact? What is low impact? Would seismic testing be permitted?

All of these questions raised concerns over the value of these leases. Specifically, given the restrictions in the governor’s proposal and the limited access drillers would have, would this lack of competition devalue the leases?  

Unfortunately, none of these questions were answered, and you have to wonder: Just how well thought out was the governor’s proposal?

Jennifer Quinn is central Pennsylvania outreach coordinator for PennFuture and is based in Harrisburg. She tweets @QuinnJen1.

Speak up: Two public meetings on fracking Allegheny County park

Last week, Allegheny County Executive Rich Fitzgerald announced a preliminary deal with Range Resources to allow natural gas drilling under Deer Lakes Park. No well pads would go in the park itself; Range would use neighboring well pads to drill horizontally beneath the park.

According to published reports of the proposed deal, the county will receive $7.7 million in addition to annual royalty payments. Range also agreed to wider and more frequent testing of surface water near the well sites and will donate $3 million to the Park Improvement Fund. 

However, no copies of the lease have been made available to the public or to County Council, which must approve any agreement -- and many questions remain. 

Allegheny County manages the county parks in trust for all citizens, including generations yet to come. We have a responsibility to preserve and protect public lands, not sell them out for quick cash. 

Even horizontal drilling without surface disturbances within Deer Lakes Park itself creates more air pollution, more truck traffic, more water withdrawals, and more toxic waste water. And drilling just outside park boundaries creates real risks should spills or other accidents occur. 

With some of the worst air pollution in the nation, Allegheny County should think twice about promoting more of this intensely industrial activity under its public lands. The air pollution does not go away when the drilling ends -- it exists for the life of the well and will continue to affect public health for years to come. 

Since the 1920's, the county parks have served as places to recreate, relax and get away from noise, traffic and air pollution. Deer Lakes is perhaps best known for its three spring-fed lakes which makes it a popular fishing destination. 

Do the citizens of Allegheny County wish to have their parks become a magnet for industrial development or an oasis from it?

There are two upcoming public meetings -- and it's critical that your voice is heard. Show up and speak up!

Meeting details:

Wednesday, April 2 at 7:00 pm

County Executive Fitzgerald's Public Meeting on Drilling Under Deer Lake Park
Deer Lakes High School Auditorium
163 East Union Road
West Deer Township, PA 15024

Tuesday, April 8 at 5:00 pm
Allegheny County Council Meeting (Legislation to drill will be introduced)

Allegheny County Courthouse, 4th Floor
436 Grant Street
Pittsburgh, PA 15219

Andrew Sharp is PennFuture's Director of Outreach and is based in Philadelphia. 

Take Action: Corbett wants more gas development of public lands, tell your legislators to make moratorium law

We need your help. 

Last week, Governor Tom Corbett announced that he intends to undo a three-year-old moratorium on further gas leasing in state parks and state forests to fill a General Fund budget gap.

The lands are put into the public trust and we cannot simply sell their rights to the highest bidder for quick cash. 

Please tell your legislators to stand up for Pennsylvania’s natural heritage by co-sponsoring HB 950 or SB 540 — bills that would prohibit further exploitation of our public lands and make the current moratorium binding law as it applies to state forest lands. Click the Take Action button to tell Harrisburg not to balance the budget on the backs of our public lands.

TAKE ACTION

The Corbett administration says the new drilling under public lands will be "non-impact" drilling — because no new well pads will be constructed.

But "non-impact drilling" is a fallacy — even horizontal drilling without more well pads creates more air pollution, more truck traffic, more water withdrawals, and more toxic waste water.

And drilling just outside park or forest boundaries creates real risks for these public lands should spills or other accidents occur.

HB 950 and SB 540 would make the moratorium law, prohibiting any further leasing and potential harm to public lands.

Both bills need more cosponsors — and we need to build the pressure to get these bills called up for a vote.

Andrew Sharp is PennFuture's director of outreach and is based in our Philadelphia office.

Say it ain't so: Corbett's budget calls for more gas leasing of public lands

Governor Tom Corbett delivered his annual budget address this week, along with his proposed FY 2014-15 budget.

The headline: The governor plans to lift a three-year-old moratorium on the further leasing of public lands for gas development to fill a budget gap. The budget factors in $75 million in drilling revenue to be accrued via further leasing of state park and forest lands for gas development.

The Corbett administration refers to the new drilling under public lands as "non-impact" drilling -- because no new well pads will be constructed, according to budget secretary Charles Zogby. It is unclear whether approved, but not yet built, well pads will fall under the moratorium. 

Of course, "non-impact drilling" is a fallacy -- even horizontal drilling without more surface disturbances creates more air pollution, more truck traffic, more water withdrawals, and more toxic waste water. And drilling just outside park or forest boundaries creates real risks for these public lands should spills or other accidents occur. 

Bottom line: Gov. Corbett is attempting to balance the state budget on the backs of our state parks and forest lands when he should be protecting these special places for this and future generations. 

Pennsylvania holds and manages its public lands in trust for all citizens of the Commonwealth, including generations yet to come. We have a responsibility to preserve and protect them, not sell them out for quick cash. 

Also of concern: The diversion of $117.5 million from the state's Oil and Gas Lease Fund (OGLF) as operational budget money for the Department of Conservation and Natural Resources (DCNR). The OGLF was originally designated for conservation, recreation and flood control programs in state parks and forests. 

Governor Corbett is not the first governor to raid the Oil and Gas Lease Fund -- but the practice is growing more alarming as our conservation and natural resource agencies are increasingly reliant on the rapid exploitation of the very resources they should be conserving. 

Governor's Enhance Penn's Woods initiative: Gov. Corbett announced the Enhance Penn's Woods initiative as part of his 2014-2015 budget proposal, allocating $45 million in new funding for parks and infrastructure. 

While moving to enhance public lands is always good news, the question remains as to when a new, and permanent, revenue stream will be put in place to protect Pennsylvania's crown jewels, our public lands. 

Our state parks are not only recreational and cultural assets, they are also an economic driver. For every dollar spent in state parks, thirteen dollars is returned to the economy of Pennsylvania. 

Despite this value, there has been a chronic under-investment in state park and forest resources -- because of this patchwork funding and lack of a consistent revenue stream. 

Corbett proposes DEP staff cut, increase in funding: The governor proposed a $10 million increase in general fund support for the Department of Environmental Protection (DEP), from $129.8 million to $139.9 million. (For context, the DEP general fund budget was $245.6 million in 2002-2003.)**

Yet, he also proposed slashing 66 jobs at DEP — the agency tasked with policing the gas industry and protecting our air, land, and water. DEP has seen a 17 percent decrease in staffing over the past decade. 

It's hard to fathom how Pennsylvania is supposed to regulate an expanding industry with decreasing manpower. 

** Correction: In our original publication, we stated that that Governor Corbett proposed to increase the DEP’s 2014-15 funding to $136.7 million, while noting that the DEP’s total budget in 2002-2003 was more than $700 million. While true, this statement was confusing because $136.7 million is not the DEP’s proposed total 2014-2015 budget – only the share of the budget that would come from the general fund. The DEP’s total budget for 2014-2015 (including special fund monies and federal appropriations, as well as general fund monies) is proposed to be $689.3 million. By contrast, the DEP’s 2002-2003 budget was $728.3 million, or about $922 million in inflation-adjusted dollars.

Andrew Sharp is PennFuture's Director of Outreach and is based in our Philadelphia office.