DEP suggests stronger drilling rules are needed
http://online.wsj.com/article/APda6b059295ad44818b60955e3e981cef.html
HARRISBURG, Pa. — Gov. Tom Corbett’s administration is recommending tougher laws to protect drinking water from pollution caused by booming natural gas exploration in Pennsylvania and to allow the state to wield harsher penalties against drilling companies that violate the law.
Department of Environmental Protection Secretary Michael Krancer made the recommendations in a letter sent Friday to Lt. Gov. Jim Cawley, who chairs the governor’s Marcellus Shale Advisory Commission.
One recommendation would restrict well drilling within 1,000 feet of a public water supply. Currently, the law requires as little as 100 feet in many cases. Another would clarify the DEP’s authority to revoke or refuse to issue a drilling permit under certain conditions, and allow it to require comprehensive tracking of drilling wastewater that would help the agency more accurately determine wastewater recycling rates.
Krancer also recommended expanding buffer requirements between gas wells and private drinking water wells from 200 feet to 500 feet; boosting per-day penalties for violating the law and well-plugging insurance requirements; and extending a driller’s presumptive liability for pollution or water loss from 1,000 feet to 2,500 feet from a gas well.
Many of those recommendations, if not all, have been under consideration in the Legislature since last year, with little action. Some of the bills would provide for stronger protections than the Corbett administration advocates.
The Marcellus Shale formation, which is considered the nation’s largest-known natural gas reservoir, lies primarily beneath Pennsylvania, New York, West Virginia and Ohio. Pennsylvania is the center of activity, with more than 3,000 wells drilled in the past three years and thousands more planned in the coming years as thick shale emerges as an affordable, plentiful and profitable source of natural gas.
When drilling companies began flocking to Pennsylvania several years ago to exploit the Marcellus Shale formation, they were largely working under laws from the 1980s that never envisioned deep-drilling activity that is combined with high-volume hydraulic fracturing, or fracking, and the recent innovation of horizontal drilling underground.
So far, the Legislature has done little to change that, other than pass a bill to require faster public disclosure of well-by-well gas production data from Marcellus Shale wells and debate the merits of a tax on gas extraction.
Pennsylvania remains the largest gas-drilling state without such a tax and Corbett opposes the imposition of one.
For decades, energy companies have drilled shallow oil and gas wells in Pennsylvania. But high-volume fracking involves the use of chemicals and produces millions of gallons of often-toxic wastewater, sparking fresh environmental concerns about the protection of public waterways and wells that provide drinking water to millions of people.
Last year, the Department of Environmental Protection won approval of tougher regulations on drilling safety, chemical disclosure and wastewater disposal and, before that, regulatory approval to increase permit fees so that it could pay the salaries of more inspectors and permitting staff.
But Pennsylvania has left a number of protections undone, some lawmakers say.
For instance, Pennsylvania’s $1,000 per day penalty on drillers for violating state regulations lag many other states. The $25,000 per-company insurance bond that the state requires to plug abandoned wells is out of date, as well, since plugging a single well can cost as much as $100,000.
In April, the DEP asked drilling companies to voluntarily stop taking the wastewater to riverside treatment plants that were ill-equipped to remove all the pollutants from it. The agency has not said whether the companies are complying with the May 19 deadline.
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Information from: The Times-Tribune, http://thetimes-tribune.com/