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MSC: Draft DRBC Regulations Duplicative, Exceed Body’s Legal Authority

Canonsburg, PA – Pursuant to the Delaware River Basin Commission (DRBC) public notice for comment on Proposed Amendments to the Water Quality Regulations, Water Code and Comprehensive Plan to Provide for Regulation of Natural Gas Development Projects (hereinto “draft regulations”), the Marcellus Shale Coalition (MSC) this week submitted comments outlining concerns with the draft regulations, while emphasizing support for working with the DRBC throughout the regulatory process.

“The MSC supports DRBC in its stated mission of ensuring that proper environmental controls are provided to safeguard the water resources of the Delaware River Basin, and of establishing a regulatory scheme within the scope of DRBC authority that complements state and federal requirements,” said Kathryn Klaber, president of the MSC. “However, the MSC has significant concern regarding the scope of the draft regulations, which we believe exceed DRBC’s legal authority and duplicate member state jurisdiction and existing DRBC programs in several critical respects.”

Specifically, the MSC’s comments, in part cite the following areas of paramount concern:

  • Requirements for the Siting, Design and Operation of Well Pads: The Draft Regulations contain very detailed and far-reaching land use requirements pertaining to the siting, design, construction and operation of well pads for natural gas activities – representing a significant and unnecessary departure from the agency’s role of managing water resources in the basin. These proposed regulations contain a host of new construction and operational standards that are either not required by or inconsistent with state regulatory requirements.
  • Exceed the Scope of DRBC authority: DRBC’s regulatory authority is derived from, and thus limited by, the Delaware River Basin Compact, which established DRBC in 1961 as a regional agency to manage and control the water resources of the Delaware River Basin. The Compact does not grant DRBC review and approval authority over land use as outlined in the draft regulations.
  • Duplicative of State Requirements: Both New York and Pennsylvania have comprehensive oil and gas regulatory programs.  DRBC should defer to the member state programs in all areas where they regulate, and thereby avoid unnecessary, duplicative requirements and administrative costs.
  • Natural Gas Development Plan (NGDP) is Unworkable: A requirement to submit a 5-year NGDP for review and approval, which would compel operators to prepare detailed, forward-looking information about the development of all of their leasehold areas in the Basin, is unworkable and demonstrates a fundamental misunderstanding of the manner in which natural gas development occurs. This level of detail – over the entirety of an operator’s lease holdings to be developed in 5-years – would be impossible to assemble with any meaning or accuracy in advance.
  • Water Related to Natural Gas Development: The Draft Regulations addresses water sources for uses related to natural gas development.  Much of this section is unnecessary, since DRBC already has a well-established program for review and approval of water withdrawals.  DRBC should utilize its existing program for Project Review under Section 3.8 of the Compact and should not adopt a special water source program for water used in natural gas operations.  No other industry is singled out by DRBC with an industry-specific water source regulation.

In addition to submitting formal comments, the MSC, partnering with American Petroleum Institute (API), requested an independent analysis of the draft regulations by ALL Consulting, a professional consulting firm specializing in water management, planning and energy development. The complete analysis, available HERE, was submitted to the DRBC for review and consideration. Following are several key findings of the analysis:

  • The consumptive water use requirements for natural gas development at full build-out, as compared to other water uses within the Basin, are relatively minor. The nuclear power industry uses more than 10 times the amount of water that would be used for natural gas development; golf course maintenance uses more than 20 times the amount; and thermoelectric power generation and agriculture use more than 45 times the amount.
  • The land footprint for natural gas development, as compared to other land uses, is relatively minor. The footprint for natural gas development would be less than the footprint for golf courses in the Basin and 50 times less than the footprint for homes in the Basin.
  • Absent a variance, the siting restrictions and setbacks contained in the Draft Regulations would preclude natural gas development in more than half of the land area overlying the Marcellus Shale formation in the Basin.
  • Many of the submittals, reporting requirements and notices required by the Draft Regulations are duplicative of host state requirements.
  • The process of applying for and obtaining approval to develop natural gas wells pursuant to the Draft Regulations is likely to take as long as 24 months.

The ALL Report also includes a comprehensive bibliography of technical resources that address many of the issues raised in comments to DRBC regarding shale gas development in the Basin.

 

Copyright: Marcellus Shale Coalition

 

Region’s land needs guards with courage Kevin Blaum In the Arena

THE INFLUX of Chemical People began more than two years ago. Until recently, it remained unabated as no public official stepped forward to impede or stop the natural gas drilling corporations and the chemical slop they intend for the underground veins of Northeastern Pennsylvania.

Area lease holders apparently were so enamored with the Chemical People, and their blizzard of signed agreements, that visions of sugarplums, and dollar signs, danced in their heads.

Drilling Marcellus Shale requires an ugly process that cuts vertically into the rock, then horizontally through it. It’s blasted with a million gallons of chemical-mixed water, under enormous pressure, to fracture the shale and release the gas. It’s called hydraulic fracturing, or “fracking,” and has resulted in contamination that’s been widely reported. No one knows where the chemical soup will seep and leach in the years and decades that follow.

Citizen organizations, such as the area’s Gas Drilling Awareness Coalition, strongly object to the impending pollution destined for our region. While this is not the planet “Pandora” in the epic motion picture “Avatar,” the Chemical People who landed here, craving the shale beneath us, clearly are digging in a colossal Pandora’s box.

Yet, not one public official stands in their way.

New York has not allowed fracking in the Empire State. Nor has the Delaware River Basin Commission permitted it within its vast purview. And Pittsburgh recently banned it from the Steel City. Yet, in Luzerne County, Chemical People are in the driver’s seat — “I mean, look at all that cheddar.”

In 2009 there were 1,970 active Marcellus permits issued in Pennsylvania. Today that number is more than 4,500 — and they are just getting started. Permits and Chemical People “are going to come like a rain that never ends. Unless we stop them.”

Encana Oil and Gas, of Canada, was an early entry in the sweepstakes to chemically fracture Northeastern Pennsylvania. They leased more than 25,000 acres in Luzerne County alone. Each of its wells would require about a million gallons of your water, chemically mixed and injected underground, where there are no walls or property lines to divert the disgusting fluid.

Not only has no one stepped forward, in August the Luzerne County Zoning Hearing Board’s members, ignoring the pleas of area residents, approved 10 wells for Encana, in one meeting.

Ten. One. Hmmm.

The powerful drill bits soon began their descent into the treasured environment of the Back Mountain. Cutting and ripping, the blades repeatedly gouged Mother Earth to make way for the million gallons of poison that would fill her arteries, rattle her bones and compel her to relinquish the valued “unobtainium” she possesses.

No matter the anguish or damage done, the earth beneath Fairmount Township proved more resolute than the wealthy, powerful, lobbyist-laden, campaign-contributing Chemical People pressing the attack.

She stood her ground and refused to capitulate, as so many she was counting on, above ground, had.

Once defeated, Encana announced it was pulling up stakes, leaving town – and its mess behind. Encana, out-cana. Good riddance.

That evening as the sun began to slip in the November sky, casting long shadows over the abandoned wellhead, there was but the feint sound of nature’s warning. Next time we might not be as fortunate.

The earth itself and coalitions of brave citizens cannot do it alone. They need elected and appointed officials of character and courage to stand up, in the way, and tell the Chemical People, no, not here.

“This is our land.”

 

Kevin Blaum’s column on government, life and politics appears every Sunday. Contact him at[email protected].

Copyright: Times Leader

 

Penn State Extension publication addresses water withdrawals for Marcellus gas drilling

This updated publication addresses the rapidly changing topic of water withdrawals for Marcellus shale gas drilling in Pennsylvania.

Penn State Cooperative Extension has released an updated version of a publication that addresses the rapidly changing topic of water withdrawals for Marcellus Shale gas drilling.

Originally published in September 2009, “Water Withdrawals for Development of Marcellus Shale Gas in Pennsylvania” reflects the latest Marcellus-related regulatory changes enacted by the Susquehanna River Basin Commission, the Delaware River Basin Commission and the Pennsylvania Department of Environmental Protection.

Water is a critical component in the process of extracting natural gas from the Marcellus Shale formation. Public policies for managing and protecting water resources are common concerns of Pennsylvania residents, according to a water-policy expert in Penn State’s College of Agricultural Sciences.

“Development of the Marcellus Shale could have major economic and environmental effects for Pennsylvanians and residents of neighboring states,” said Charles Abdalla, professor of agricultural and environmental economics. “Individuals, businesses and communities will be affected well into the future as this energy resource is fully developed.

“Citizens need to become aware of their stake in water-resource issues and policies and effectively participate in public policy-making,” he said. “Public policies for water management and protection will be improved if the affected parties — which include almost everyone — are well-informed about likely impacts and take advantage of opportunities to participate in decisions.”

Seeking to engage residents, landowners, federal and state agency personnel, environmental organizations, economic development groups and others, the publication discusses the fast-evolving issues and public policies related to water resources and Marcellus Shale gas exploration.

While adequate supplies of water are one of several essential inputs needed to extract gas from the shale, wastewater is an output from the process that must be treated or disposed of properly.

“Through this publication, we hope to increase the public’s understanding of water use and management related to Marcellus Shale gas development and help people understand how and where they can offer input into public decisions about water use and wastewater treatment,” said Abdalla, the publication’s lead author.

“Now is the time for people to learn about and help shape public policies that will guide development of the Marcellus Shale,” he said. “These policies will play a large part in determining the economic well-being and quality of life for residents of the commonwealth for a long time — perhaps generations — to come.”

Funding for the updated publication comes from the Pennsylvania Water Center at Penn State. To obtain a free copy, contact the Penn State College of Agricultural Sciences Publication Distribution Center, The Pennsylvania State University, 112 Agricultural Administration Building, University Park, PA 16802-2602; telephone: 814-865-6713; fax: 814-863-5560; e-mail: [email protected].

This publication also is available online athttp://extension.psu.edu/water/resources/publications/consumption-and-usage/marcelluswater.pdf/view.

The publication is the latest in a series initiated by Penn State’s College of Agricultural Sciences and Penn State Cooperative Extension to address issues related to Marcellus Shale gas exploration and development. Other publications in the series, along with related webinars, presentations and events, can be viewed at http://extension.psu.edu/naturalgas.

from Chuck Gill, Penn State Ag Sciences News

Originally Published at: PSU.edu

Publication addresses water withdrawals for Marcellus gas drilling

University Park, Pa. – Penn State Cooperative Extension has released an updated version of a publication that addresses the rapidly changing topic of water withdrawals for Marcellus Shale gas drilling.

Originally published in September 2009, “Water Withdrawals for Development of Marcellus Shale Gas in Pennsylvania” reflects the latest Marcellus-related regulatory changes enacted by the Susquehanna River Basin Commission, the Delaware River Basin Commission and the Pennsylvania Department of Environmental Protection.

Water is a critical component in the process of extracting natural gas from the Marcellus Shale formation. Public policies for managing and protecting water resources are common concerns of Pennsylvania residents, according to a water-policy expert in Penn State’s College of Agricultural Sciences.

“Development of the Marcellus Shale could have major economic and environmental effects for Pennsylvanians and residents of neighboring states,” said Charles Abdalla, professor of agricultural and environmental economics. “Individuals, businesses and communities will be affected well into the future as this energy resource is fully developed.

“Citizens need to become aware of their stake in water-resource issues and policies and effectively participate in public policy-making,” he said. “Public policies for water management and protection will be improved if the affected parties — which include almost everyone — are well-informed about likely impacts and take advantage of opportunities to participate in decisions.”

Seeking to engage residents, landowners, federal and state agency personnel, environmental organizations, economic development groups and others, the publication discusses the fast-evolving issues and public policies related to water resources and Marcellus Shale gas exploration.

While adequate supplies of water are one of several essential inputs needed to extract gas from the shale, wastewater is an output from the process that must be treated or disposed of properly.

“Through this publication, we hope to increase the public’s understanding of water use and management related to Marcellus Shale gas development and help people understand how and where they can offer input into public decisions about water use and wastewater treatment,” said Abdalla, the publication’s lead author.

“Now is the time for people to learn about and help shape public policies that will guide development of the Marcellus Shale,” he said. “These policies will play a large part in determining the economic well-being and quality of life for residents of the commonwealth for a long time — perhaps generations — to come.”

Funding for the updated publication comes from the Pennsylvania Water Resources Research Center at Penn State. To obtain a free copy, contact the Penn State College of Agricultural Sciences Publication Distribution Center, The Pennsylvania State University, 112 Agricultural Administration Building, University Park, PA 16802-2602; telephone: 814-865-6713; fax: 814-863-5560; or send an e-mail to [email protected].

This publication also is available online in PDF format.

The publication is the latest in a series initiated by Penn State’s College of Agricultural Sciences and Penn State Cooperative Extension to address issues related to Marcellus Shale gas exploration and development. Other publications in the series, along with related webinars, presentations and events, can be viewed at Cooperative Extension’s “Natural Gas” website.

Originally Posted At: PSU.edu

Philadelphia dives in to gas drilling issue in Wayne County

By Steve McConnell (Staff writer)
Published: March 30, 201

Philadelphia City Council urged an environmental regulator Thursday to deny two natural gas drilling permits slated for an energy company seeking to move ahead with its stalled operation in Wayne County.

The 17-member city council unanimously approved a resolution that asks the Delaware River Basin Commission to conduct an environmental impact study of natural gas drilling in the Delaware River watershed prior to approving any permits.

David Forde, chief of staff for Councilwoman Blondell R. Brown, who sponsored the resolution, said the council is concerned natural gas drilling in the watershed could have a downstream impact on city residents who depend on it for drinking water.

“We did some research and saw the concern folks had were legitimate,” Mr. Forde said.

According to the resolution, 15 million people rely on the Delaware River watershed for drinking, agricultural and industrial uses. This includes 2 million people who are customers of the city’s public water department.

Requested by Louisiana-based Stone Energy Corp., the permits are part of only a handful of industry requests before the commission, which has jurisdiction over water resources. None has been approved.

In a county that has not seen any producing Marcellus Shale wells, the permits involve a prospective Marcellus Shale site in Clinton Twp., Wayne County. The issue is bringing the City of Brotherly Love and this predominately agricultural county much closer than ever imagined.

Energy In Depth, an industry organization, called the city “not very brotherly” since the action infringes on county residents’ private property rights to lease for energy development, said the organization in a press release.

An environmental impact study, an intensive and time-consuming endeavor, would determine whether natural gas drilling poses a legitimate threat to the Delaware River watershed, a 13,539-square-mile area that encompasses nearly all of Wayne County and is known for its pristine water quality and world-class trout waters.

Commission spokesman Clarke Rupert said Monday the regulator is considering conducting such a study. A decision on a $250,000 appropriation request by the commission is not expected until late 2010.

The Philadelphia resolution also calls for a complete ban on natural gas drilling in the basin until such a study has been conducted.

At a public hearing last month in Pike County, an overwhelming majority told Delaware River Basin Commission officials to nix Stone Energy’s Wayne County plan until an environmental impact study is completed.

Stone Energy Corp. is seeking commission approval to hydraulically fracture its Clinton Twp. well and to withdraw up to 700,000 gallons of water a day from the West Branch of the Lackawaxen River in Mount Pleasant Twp.

The commission staff halted operations there in 2008 for lacking a permit. The company has received the go-ahead from the state Department of Environmental Protection.

Contact the writer: [email protected]

Copyright: The Times Tribune

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