Environmental Protection Agency steps into probe of fracking spill

http://www.pennlive.com/midstate/index.ssf/2011/04/environmental_protection_agenc.html
Published: Tuesday, April 26, 2011, 12:00 AM
By DONALD GILLILAND, The Patriot-News

The federal Environmental Protection Agency has thrown an elbow against Pennsylvania regulators in the job to regulate natural gas drilling in the Marcellus Shale.

The EPA announced Monday afternoon that it is investigating last week’s spill of drilling fluids at a Chesapeake Energy site in Bradford County.

Pennsylvania’s Department of Environmental Protection remains the lead investigating agency, but the EPA has asked Chesapeake officials for lists of fracking chemicals used, if any radioactive compounds were in the spill, and what affects there were to drinking-water sources.

“We want a complete accounting of operations at the site to determine our next steps in this incident and to help prevent future releases of this kind,” said EPA Regional Administrator Shawn M. Garvin.

EPA’s action marks “a significant change in approach,” former DEP Secretary John Hanger said Monday.

“The EPA is asserting jurisdiction in a manner that it did not during my time as secretary or prior to this incident,” said Hanger. “It means that the gas-drilling industry in Pennsylvania will be regulated in practice by both DEP and EPA, at least in some cases and respects.”

An EPA spokesman said such information requests are “a common fact-finding tool which we use when necessary,” but they are apparently a first for the agency in regard to the Marcellus Shale.

Much of what EPA would do duplicates what DEP is already doing, and consistency in regulation — be it strict or otherwise — is what the business needs, those in the industry said Monday night. Having two monitors could foster confusion.

“Each and every one of EPA’s questions will be answered by DEP, as required under new state regulations,” said one. “This action is clearly more about politics and grabbing headlines.”

The New York Times recently reported an internal battle within the EPA over whether the agency should intercede in Pennsylvania to clamp down on drilling in the Marcellus Shale.

That coverage was less than flattering for the agency, which some see as hamstrung by powerful industry lobbying.

Nevertheless, the EPA fared better than Pennsylvania regulators, whom The New York Times story portrayed as bumbling and beholden to drilling interests.

The timing of the EPA’s move — last week’s spill involved no injuries, no damage and minimal environmental impact — had some in the industry questioning it.

There might also be personal politics involved. EPA administrator Lisa P. Jackson recently said she had attempted to call Gov. Tom Corbett about regulation of Marcellus Shale, but Corbett never called her back.

Corbett’s news secretary, Kevin Harley, denied that the office received such a call.

Some environmentalists believe Pennsylvania has been too permissive and have been calling for the EPA to step in.

DEP did not address EPA’s entry into the matter directly.

“DEP has been on-site around the clock since the beginning of this incident, and as the regulatory agency, we continue to lead the way, “ DEP spokeswoman Katy Gresh said late Monday.

“DEP issued Chesapeake a comprehensive notice of violation Friday morning, telling the operator to respond to important questions that we have,” she said.

Those questions are similar to those asked by the EPA.

Chesapeake Energy has said an equipment failure caused the drilling brine — also known as fracking fluid — to gush out of the well and overwhelm containment systems. Some of the fluids reached a tributary of the Susquehanna River, but by the following afternoon that was stopped. The well was brought under control Thursday.

David Sternberg, the media officer for EPA’s Region 3 in Philadelphia said: “The information requested includes data on the cause and environmental consequences of this accident. EPA will evaluate this information promptly, in consultation with DEP, and take whatever action is needed to protect public health and the environment.

A Chesapeake spokesman said, “We intend to comply with the EPA’s request for information and have already communicated with the agency about how best to prioritize its requests in relation to the overall and ongoing response efforts.”

Chesapeake voluntarily suspended operations in the Marcellus Shale last week as it investigates the spill.