DEP top-down directive on drilling violations draws criticism
HARRISBURG – A new top-down directive from the Department of Environmental Protection on handling Marcellus Shale drilling enforcement actions and violations is drawing sharp criticism from some lawmakers in Northeastern Pennsylvania and calls for more explanation from others.
Sen. Lisa Baker, R-Lehman Township, offered the strongest response to the directive that requires regional DEP officials and inspectors to forward Marcellus enforcement orders involving a fine, remedial action or the initial notice of violation to top officials in Harrisburg for approval.
“This ‘signoff policy’ as it has been reported, is impractical and unacceptable,” said Baker, a member of the Senate Environmental Resources and Energy Committee. “In my district, drilling is taking place in areas that are environmentally sensitive and in places close to critical watersheds. As more inspectors are deployed to monitor more drilling sites, I want to ensure there is comparable thoroughness to the inspections and consistent application of penalties for violations. Nothing in that suggests the need for any sort of upper-level clearance process.”
Sen. John Blake, D-Archbald, said the directive could hamper the ability of DEP inspectors to issue timely notices of violations to drilling companies. He and several other senators questioned state emergency management officials about the policy Thursday during a Senate Appropriations Committee hearing.
“The inspectors have an obligation to proceed on what they see as an (environmental) threat and do so in a timely manner,” added Blake.
Rep. Mike Carroll, D-Hughestown, a member of the House Environmental Resources and Energy Committee, is troubled by the directive.
“The people in the field have the best capacity to make a judgement whether there is a violation,” said Carroll.
Sen. John Yudichak, D-Nanticoke, ranking Democrat on the Senate Environmental Committee, said he’s concerned that just the Marcellus Shale industry is singled out for a streamlined process. The DEP directive requires regional office directors and the director of the bureau of oil and gas management to seek approval for actions involving Marcellus violations from two top agency deputies with final clearance from DEP Secretary-designate Michael Krancer.
This is an effort to ensure that DEP acts consistently in how it enforces Marcellus Shale violations in the different and geographically separate regions of the state where deep drilling occurs, said DEP spokeswoman Katherine Gresh in the agency’s southwest regional office in Pittsburgh.
DEP oil and gas inspectors have traditionally been based in western Pennsylvania, the location of shallow oil and gas drilling as well as a Marcellus boom area. The development of the Marcellus boom area in Northeast Pennsylvania led to the recent opening of a DEP oil and gas office in Scranton.
Gresh said the centralized review is being done on a trial basis and is not yet a permanent policy.
“In order to do our job more effectively and to ensure we are protecting the environment, we must have consistency,” she added.
She said there are cases of well operators carrying out the same practices in separate boom areas and getting notices in one area yet not the other.
However, the Sierra Club, an environmental group, said the directive will “handcuff the environmental cops on the beat.”
“At Pennsylvania well pads, contaminated water can be spilled, workers can be injured and killed from accidents, and local emergency personnel will be put at risk because the notices of violations are not being issued promptly,” said chapter director Jeff Schmidt.
Meanwhile, a bill requiring DEP to post inspection reports of drilling enforcement actions online has been sponsored by Sen. Kim Ward, R-Greensburg. Supported by Senate Republican leaders, the measure would also double civil penalties for drilling well violations under the state oil and gas act to $50,000, plus $2,000 for each day a violation continues. The current penalty is $25,000; plus $1,000 for each day.
By Robert Swift (Harrisburg Bureau Chief)
Published: April 1, 2011
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