DEP secretary answers questions on Marcellus Shale drilling

republicanherald.com/news/dep-secretary-answers-questions-on-marcellus-shale-drilling-1.1269964

by mark gilger jr. (staff writer mgilgerjr@republicanherald.com)
Published: February 10, 2012

ORWIGSBURG – State Sen. David Argall, R-29, and the Schuylkill County Chamber of Commerce co-hosted a lunch meeting Thursday with state Department of Environmental Protection Secretary Michael Krancer.

The controversial subject of Marcellus Shale drilling was the topic of discussion as Krancer answered questions from chamber members concerning the bill passed Wednesday by the House of Representatives that established a county-option drilling impact fee and the state review of local drilling ordinances.

“At the end of the day, my job is to make good choices – which I think we are – to obtain this resource and use it in a safe and effective manner,” Krancer said Thursday at the meeting at Madeline’s restaurant.

Gov. Tom Corbett is expected to sign the bill, which received a vote of 101-90 in the House. The Senate approved the same bill Tuesday.

“The House made the right call. The Senate made the right call. We thank them for that and all of Pennsylvania should thank them,” Krancer said.

The danger of water contamination has been one of the harshest criticisms raised against the drilling and was addressed Thursday by Krancer.

“There is a culture of half-truth and misinformation and that is where I try to help out by providing information,” Krancer said. “I think it was Mark Twain that said, ‘A lie makes it halfway around the world by the time the truth gets its boots on.’ Well, I’ve seen that a lot in the last few years.”

The latest legislation extends drilling to 500 feet from existing buildings or water wells, 1,000 feet from water used by a supplier, and 300 feet from any body of water greater than one acre.

Drillers can also be held responsible for pollution of waterways within 2,500 feet of a well for up to one year after completion. Previously, responsibility lasted only six months after completion of a well within 1,000 feet of a body of water. Maximum penalties for violations were also increased from $300 to $1,000.

“We have county commissioners and conservation districts on board saying let’s go for it, and in light  of that I really have to say that the folks that are decrying the legislation are really out on the fringe,” Krancer said. “The House and the Senate did absolutely the right thing and it’s a huge step forward to be able to responsibly harness this great resource that is under our feet.”

The law allows counties with active wells to collect impact fees from drillers. Wells producing less than 90,000 cubic feet of gas per day will be exempt from the fee, which can be enacted by a county 60 days after the law is put into effect and can be retroactive for 2011. The bill also gives municipalities the ability to pursue an impact fee if not put into place by the county.

The fees will be collected by the Public Utility Commission and 60 percent will go to municipalities with the ordinance and 40 percent will be used for state environmental projects.

“I think the number-one priority of this administration is to get Pennsylvanians working again,” Krancer said.

While answering a question, Krancer said the bill also addresses concerns of municipalities losing their zoning privileges. He said the bill is simply a way to create uniformity of environmental standards and municipalities will retain zoning ordinances.

“It’s about private property and allowing those who want to use their private property the way they want to use it,” Krancer said.

Another question asked Thursday concerned the possibility of creating a level playing field for the booming Marcellus Shale industry in the Northeast.

“We are not going to live in a world where a state does not compete with another state,” Krancer said. “Capital competes, even within its own company. Capital is mobile and it will go. Economics is amoral.”

PennEnvironment Research and Policy Center has voiced its disapproval of the law based on an argument that it will strip control from local governments and will set one of the lowest impact fee rates in the nation.

“We have opposed the bill since it lacked any kind of local provisions,” Erika Staaf, clean water advocate for PennEnvironment, said Thursday. “If legislators were looking to pass a proposal that will allow more gas drilling near people’s homes, and the parks, playgrounds and schools where our children play and spend their days, then mission accomplished. Prior to the bill, drilling was kept to where it was wanted. At this point, any company can just drill in a commercial district.”