Environmental, legal expert speaks about recent ‘fracking’ legislation

www.lehighvalleylive.com/thebrownandwhiteblog/index.ssf/2012/04/environmental_legal_expert_spe_1.html
Published: Monday, April 23, 2012

Michael Krancer, secretary of the Pennsylvania Department of Environmental Protection (DEP), spoke and answered questions about Act 13  —a new state law establishing regulations over the hydraulic fracturing, or fracking, process being used to drill natural gas out of the Marcellus Shale deposit in many northern and western Pennsylvania counties— at a town hall meeting in Packard 101 Friday.

Act 13 requires drilling companies to report to the DEP the chemicals they use in the fracking process, including concentrations on a well-by-well basis, as well as publically disclose chemicals on FracFocus.org, according to the website of the Pennsylvania Environmental Council, a watchdog group Krancer referenced in his talk.

Questions have been raised about difficulties medical professionals are having under the new law. According to the PEC website, doctors are having trouble getting access to chemical information needed in the diagnosis or treatment of patients.  Fracking involves boring a high-pressure mix of water and toxic chemicals into fissures in the ground to force natural gas to the surface.

Evidence that chemicals are leaking from natural gas drilling sites and contaminating private wells and public waterways has turned fracking into a serious environmental and public health concern in Pennsylvania.

The Marcellus shale deposit extends throughout much of northern and western Pennsylvania, and into New York, where a moratorium was placed on drilling in December 2010.

Krancer said that 3 million Pennsylvania residents get their water from private wells — one of the highest proportions of any state in the country. He said 40 percent of the state’s wells have exceeded maximum contaminant levels at some point, regardless of fracking.

Act 13 is the state government’s first attempt to regulate fracking, and Krancer’s talk was intended to reassure residents that the DEP is robustly monitoring the actions of drilling companies.

“We do need to pay attention to what happens at the front end,” he said. “We can’t get the promise of cleaner air through the use of natural gas in transportation without paying attention to what’s happening during the exploration and drilling phase.”

Krancer promised “additional boots on the ground, paid for by permit not taxpayer money” in Bradford county in northeastern Pennsylvania, which has been at the center of the fracking controversy.

“I frankly think we’re getting it right,” Krancer said. “Any form of energy production has aspects that need to be managed. That’s true of coal and oil; it’s true of nuclear power, and it’s true of wind and solar.”

When asked by one audience member how the state can allow fracking to occur in an aquifer, Krancer explained that groundwater supplies usually occur at depths of several hundred feet below the earth’s surface and that natural gas drilling occurs far below those depths —at depths of around 8,000 feet.

Krancer called Act 13 one of the most progressive and environmentally forward-thinking regulations in the country; he said it is modeled on a Colorado law that was hailed by environmental groups nationwide when it was passed.

“We’re going to have increased monitoring during the earthmoving process,” Krancer said. “We have more inspectors than Oklahoma; and if we need more, we’re going to get more.”

Krancer said that the state will take cases of non-compliance seriously, prosecuting where necessary.

“I happen to believe in enforcement and so does the governor,” Krancer said.

He also reminding the audience that Pennsylvania’s Republican Governor, Tom Corbett, served eight years as state attorney general, and as chief U.S. attorney in Pittsburgh before that, where he prosecuted environmental violators.

Krancer called himself a believer in free-market economics. He said drilling companies that don’t comply with the new environmental regulations are trying to “steal a competitive advantage from those that are complying.”

“I have a fundamental idea that cheaters should be called out,” he said.

Regulation and monitoring makes sense from both environmental and economic standpoints, he said.

“The free marketplace is the engine for a lot of research and development, opportunities that don’t exist in other parts of the world,” Krancer said.

Krancer also said “the ethos of compliance has to be in the company.”

He cited his experience as general council for Excelon Corporation, an energy company where, Krancer said, the CEO enforced compliance with a top-down mentality. Ten members of Lehigh’s environmental student group Green Action attended Krancer’s talk.

“We wanted to mobilize for this event because Secretary Krancer takes a strong stance in favor of drilling the Marcellus Shale, and we hoped showing him that well-educated students think he is making a big mistake,” said Green Action president Tyler Tobin, ’12, in an email.

“Natural gas wells emit plumes of methane into the atmosphere contributing to climate change; the well casings are not 100 percent perfect, allowing frack fluids and gases to escape the well shaft and enter ground water,” Tobin said, detailing some of the environmental concerns associated with fracking.

“The lagoons where spent frack fluid are held infiltrate into ground water and run off into surface water; on top of it all there seems to be a huge environmental justice issue where companies pay off poor families for their mineral rights then completely de-value their land and livelihood,” Tobin said.

The meeting was co-sponsored by Lehigh’s Environmental Initiative, the Office of the Vice President and Associate Provost for Research and Graduate Studies and the engineering school.

Story by Brown and White news writer Kirk Greenwood, ’12.

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