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MARC LEVY Associated Press Writer

HARRISBURG — A key piece of the state’s approach to controlling water pollution from Pennsylvania’s fast-expanding natural gas drilling activity cleared a major hurdle Thursday.

The Independent Regulatory Review Commission voted 4-1 over the objections of the gas industry to approve the Rendell administration’s proposal to prevent pollutants in briny drilling wastewater from further tainting public waterways and household drinking water. State environmental officials say too much of the pollutants can kill fish and leave an unpleasant salty taste in drinking water drawn from rivers.

“Drilling wastewater is incredibly nasty wastewater,” state Environmental Protection Secretary John Hanger said after the vote at the panel’s public meeting. “If we allow this into our rivers and streams, all the businesses in Pennsylvania will suffer … all those who drink water in Pennsylvania are going to be angry and they would have every reason to be, and all of those who fish and love the outdoors are going to say, ‘What did you do to our fish and our outdoors?”’

The vote comes at the beginning of what is expected to be a gas drilling boom in Pennsylvania. Exploration companies, armed with new technology, are spending billions to get into position to exploit the rich Marcellus Shale gas reserve, which lies underneath much of the state.

The rule would put pressure on drillers to reuse the wastewater or find alternative methods to treat and dispose of the brine, rather than bringing more truckloads of it to sewage treatment plants that discharge into waterways where millions get drinking water.

The rule is designed to take effect Jan. 1. However, the Republican-controlled Senate, a key counterweight to Democratic Gov. Ed Rendell, could delay that if it votes to oppose the rule.

The drilling industry, as well as a range of business groups and owners, opposes the rule, calling it costly, confusing, arbitrary and rushed during more than three hours of testimony before the regulatory review commission.

Some, including a representative of the state’s coal industry, said they were worried about how it would affect different industries that also produce polluted water.

Water utilities, environmental advocates and outdoor recreation groups lined up behind it.

With drilling companies poised to sink thousands of wells in Pennsylvania, state environmental officials worried that its waterways would become overwhelmed with pollutants. They began writing the new rule last year.

Conventional sewage treatment plants and drinking water treatment plants are not equipped to remove the sulfates and chlorides in the brine enough to comply with the rule.

In addition, the chlorides can compromise the ability of bacteria in sewage treatment plants to break down nitrogen, which can be toxic to fish, environmental officials say.

Currently, a portion of the massive amounts of brine being generated by well drilling is entering the state’s waterways through sewage treatment plants, and that flow would be unaffected by the rule.

Once the rule takes effect, a treatment plant would have to get state approval to process additional amounts of drilling wastewater beyond what it already is allowed, or ensure that it was pretreated by a specialized method that removes sulfates and chlorides.

Hanger said no other industry will be affected and he has worked to incorporate the concerns of business groups that have had more than a year to scrutinize the administration’s plans. The companies, he said, are making more than enough money to pay for alternative treatment methods.

Copyright: Times Leader

Chief to offer “substantial” cash, says solicitor, who wants to see land involved, right-of-way agreement.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

and Rebecca Briarbria@timesleader.com
Staff Writer

DALLAS TWP. – An oil and natural gas company has asked township officials if it can lay pipeline underneath township property in return for money.

Two officials from Chief Oil and Gas attended the supervisors meeting Tuesday evening in search of an answer as to whether they can lay pipeline under a parcel of township-owned land.

Supervisor Glenn Howell said the land is along a gravel road off the Old Tunkhannock Highway. The gravel road leads to a Little League field and some other things, he said.

Township solicitor Thomas Brennan confirmed the company is offering “a substantial amount” of money to the township to lay the pipeline, though Brennan would not disclose the amount.

Brennan said there is no question about the legality of allowing the company to lay the pipe underneath township land. However, he said he first wants to take a look at the land to know what is involved.

The officials from the company also are wondering what they would have to do if they wanted to lay pipe under or along the township’s right-of-way. They said more than 20 miles of pipeline is planned coming from the north and terminating east of Dallas High School.

Brennan asked if the officials could provide a copy of the agreement they have with the Pennsylvania Department of Transportation regarding their right-of-way usage. Brennan told the officials that he would have more information for them at the next supervisors meeting on July 6.

Earlier on Tuesday, township Zoning Officer Len Kozick said he’s heard from property owners in the township that they are being offered right-of-way agreements as well. And at least one agreement has already been signed.

According to Luzerne County property records, Leonard DeLeur, who owns Back to Basics – a fireplace and stove shop in Dallas – leased a 50-foot right-of-way along the edge of his 24-acre property in the township.

DeLeur said Chief offered him $20 per foot of pipeline laid on his property.

Kristi Gittins, vice president, Chief Oil & Gas, said a definite path has not been chosen for a pipeline, and one won’t be chosen until wells are drilled. She said no imminent drilling is planned for Luzerne County; the company’s next two wells will be drilled in Sullivan and Wyoming counties.

Josh Longmore, director of the Luzerne Conservation District, confirmed that drilling is slated to begin on his father’s land in Monroe Township, Wyoming County, in mid-July. His father, Robert Longmore, has a lease allowing Chief to drill on his 97-acre farm near Noxen Township.

Chief, which has 75 wells drilled in 10 counties, has wells in Lycoming, Bradford and Susquehanna counties that are producing gas, but there’s currently no way to get it to market. Gittins said gas is going to market from only about half of Chief’s wells in the Northeast because it takes a while to build a pipeline infrastructure where none previously existed.

Gittins said it costs about $1 million a mile to lay pipeline. And lease holders don’t see any royalty money until the gas gets to market.

Gittins said that Chief is selectively seeking leases in Luzerne County, but only in the area of currently leased land, she said. The company has leased a few properties in Fairmount Township. The Dallas, Texas-based company has 650,000 acres leased in Pennsylvania and West Virginia, she said.

In other business, supervisors awarded a bid for a paving and drainage project on Main and Campground roads to Popple Construction, the lowest bidder, at $147,530 for Main Road and $56,642.33 for Campground Road.

Supervisors Vice Chairman Frank Wagner previously said the project will consist of paving Main Road from the Kingston Township line to Route 309, as well as all of Campground Road.

Also, George Stolarick, who said he has lived on Ridge Street for the past 45 years, asked the supervisors to consider paving his road. Stolarick said that although there are only three houses on his road, eight families use the road to access their homes.

But, Supervisors Chairman Phil Walter said “it’s not in the cards right now.”

Rebecca Bria, a Times Leader staff writer, may be reached at 970-7436. Steve Mocarsky, a Times Leader staff writer, may be reached at 970-7311.

Copyright: Times Leader

Pa. Senate committee hearing on gas drilling will be held June 29 in Harrisburg.

STEVE MOCARSKY smocarsky@timesleader.com

The state Senate panel that oversees emergency preparedness in the state will hear testimony later this month on how ready responders are to handle catastrophes related to natural-gas drilling.

Sen. Lisa Baker, chairwoman of the Veterans Affairs and Emergency Preparedness Committee, said in a press release that community groups and environmental activists are questioning whether plans to deal with well blowouts, leaks and spills are in place and detailed enough to meet the challenges posed by the increased drilling activity in the Marcellus Shale.

Baker, R-Lehman Township, said those concerns warrant the attention of lawmakers.

“Community safety, public health and water quality are put at risk if there are any holes in emergency planning. With government budgets at every level under severe strain, it is a legitimate worry that preparation and training have not kept pace with the need,” Baker said.

In the wake of a recent natural gas well blowout in Clearfield County, Baker said there are local rumblings that the Pennsylvania Emergency Management Agency was “either not ready or not properly engaged.

“There is a responsibility to air the situation and find the facts,” Baker said.

Aaron Shenck, executive director of the committee, said he also believes state emergency officials were not notified until several hours after the well explosion, which took about 16 hours to contain.

Shenck said a representative of PEMA and the state fire commissioner will testify at the June 29 public hearing. Baker’s office also will invite representatives from the state Department of Environmental Protection and state police.

Baker said she is equally concerned about emergency preparedness at the local level.

“The heavy truck traffic resulting from equipment and fracking (hydraulic fracturing) material being shipped in raises the possibility of collisions, turnovers and spills. We are dealing mostly with rural areas and small communities. What is the state of readiness? Is there the necessary coordination and communication between levels of government before we are tested by crisis? Are the resources immediately available when the worst happens?” Baker said.

To present testimony from a more local perspective, representatives of the County Commissioners Association of Pennsylvania, the Keystone Emergency Management Association and the Lycoming County Task Force on Marcellus Shale also will be invited, Shenck said.

Lycoming is the only Pennsylvania county in which Marcellus Shale drilling is taking place that has a task force specifically designed to address drilling-related emergencies, Shenck said.

At least one representative of the natural gas industry also will be invited to testify, Shenck said.

Copyright: Times Leader

Legislators want adequate tax share for municipalities fiscally hit by gas drilling.

STEVE MOCARSKY smocarsky@timesleader.com

Much legislation has been written recently to address concerns about natural gas drilling into Pennsylvania’s Marcellus Shale, but little has been signed into law.

And one issue, it seems has been overshadowing and holding up action on all the others: a state severance tax on natural gas extraction.

Several bills addressing a severance tax have been put forward by state legislators, and Gov. Ed Rendell also has proposed implementing such a tax.

“The biggest concern for legislators is that an adequate portion of a severance tax would come back to local governments that are financially impacted by drilling activities,” said Adam Pankake, representing Sen. Gene Yaw, a Republican from Lycoming County and one of the few legislators to have a Marcellus-related bill he sponsored signed into law.

Senate Bill 325, sponsored by Rep. Anthony Melio, D-Levittown, didn’t muster much support in the House because it authorized an 8-percent severance tax, all of which would go to the state’s General Fund, Pankake said.

State Sen. Raphael Musto, D-Pittston Township, proposed a severance tax plan in Senate Bill 905 that mirrors Rendell’s plan, directing all proceeds of a 5-percent tax and a 4.7-cent charge on every 1,000 cubic feet of gas extracted into the General Fund.

A bill by state Rep. Bud George, chairman of the House Environmental Resources and Energy Committee, would send only 60 percent of a 5-percent tax to the General Fund.

The remainder would be divvied up, sending 15 percent to the Environmental Stewardship Fund; 9 percent split evenly between counties and municipalities in which wells are drilled; 5 percent to the Liquid Fuels Tax Fund; 4 percent split evenly between the Game and Fish and Boat commissions; 4 percent to the Hazardous Sites Cleanup Fund; and 3 percent to a program to help low-income residents with heating bills.

A bill sponsored by Sen. Andrew Dinniman, D-West Chester, would send half of a 5-percent severance tax to the General Fund. Another 44 percent would be split evenly between the Environmental Stewardship Fund and municipalities in which a well was drilled; the remaining 6 percent would be split between the Game and Fish and Boat commissions.

Legislators are also considering severance tax models used in other states, such as a phase-in approach used in Arkansas, Pankake said.

Marcellus-drilling industry advocates describe it as a fledgling industry that a severance tax could cripple because of the financial resources needed to build a pipeline infrastructure where none previously existed.

Matthew Maciorski, spokesman for state Rep. George, D-Clearfield County, said severance tax legislative proposals have been “coming in fast and furious. Everyone has their own take on how the revenue should be divided.”

Maciorski said Marcellus Shale issues are “very complicated and integral to the whole budget debate.”

Some legislators use some pieces of legislation as bargaining chips in negotiations with the gas industry. For example, the industry doesn’t support a severance tax, but the industry is pushing for a law authorizing forced pooling – compelling landowners who don’t wish to lease their mineral rights to be part of a drilling unit with others that do.

“Sometimes there are alliances that have to be built. &hellip Sometimes we rely on members to tell us when it’s time to strike. It gets complicated going between the House and the Senate. Members want to have all their ducks in a row to prevent there being (additional delays) in the process,” Maciorski said.

Bob Kassoway, director of the House Finance Committee for the Democratic Caucus, said any severance tax bill will likely be passed as part of the 2010-11 state budget, and it’s likely that little if any other Marcellus-related legislation will be passed until that happens.

Sen. Yaw was pleased that Act 15 was signed into law on March 22. Based on his Senate Bill 297, it repeals five-year confidentiality for gas production financial records and requires well operators to submit semi-annual reports to the state. It also requires the state Department of Environmental Protection to post well data online.

But while the debate continues over the severance tax, legislation on issues important to lease holders, to residents with environmental concerns and to members of the gas industry continue to languish in the House or Senate or their committees.

In addition to severance tax legislation, there are at least four Marcellus-related Senate bills and at least 17 House bills pending.

For example, legislators are holding off a vote on Rep. Bill DeWeese’s House Bill 10, which would enable counties to assess value to gas and oil for taxation purposes, likely because it hasn’t been decided what – if any – percentage of a severance tax will go to counties.

Introduced 16 months ago, House Bill 297 remains in the House Transportation Committee. Sponsored by Rep. Mark Longietti, D-Hermitage, it would require the state Department of Transportation to publish by the end of the year a revised schedule of bonding amounts for roads damaged by heavy truck traffic and to update the amount at least every three years.

PennDOT last revised the schedule in 1978, Longietti said, leaving officials in municipalities damaged by drilling trucks with insufficient guaranteed funding to repair their roads.

Rep. George’s House Bill 2213, which increases bonding amounts for wells, boosts the number of required well inspections by DEP and adds protections for water supplies, has gained much local support. But after an amendment in the House Environmental Resources and Energy Committee in May, it was re-committed to the House Appropriations Committee.

Sen. Lisa Baker, R-Lehman Township, announced in May she is working on a series of bills to provide additional protections to drinking water sources that could be harmed by drilling.

State Rep. Karen Boback, R-Harveys Lake, issued a statement last week stating that she also was working to develop legislation to protect drinking water from gas drilling practices.

Painfully aware of the slow legislative pace in Harrisburg, Boback is urging the governor to issue an executive order implementing additional protective rules before more well-drilling permits can be issued.

Copyright: Times Leader

NJ-based Delaware River Basin Commission places unnecessary moratorium on Marcellus production, denying economic benefits, jobs to Pennsylvanians

It’s hard to imagine President Kennedy had the denial of jobs and revenue for residents of Pennsylvania in mind when he signed a bill in 1961 creating the Delaware River Basin Commission (DRBC). But nearly a half-century later, the DRBC of today bears little resemblance to the compact established almost five decades ago — one that was put in place to promote economic growth by providing a mechanism for equitable distribution of the Delaware’s waters.

Today, unlike similarly structured, intergovernmental bodies – such as the Susquehanna River Basin Commission (SRBC) – the DRBC is working aggressively to shut down any and all natural gas exploration that may take place, now or in the future, in the eastern portion of the Marcellus Shale.

This week, following the decision last month to ban new shale permits in the area, the West Trenton, N.J.-based organization took additional steps to bring responsible Marcellus Shale natural gas production to a standstill by putting forth a de facto moratorium. How’d it do that? Easy: DRBC simply gave itself the authority to unilaterally freeze exploratory Marcellus production wells in the basin altogether.

Well aware of exactly what’s at stake, the Marcellus Shale Coalition (MSC) wasn’t bashful in telling the Philadelphia Inquirer what it thought of the DRBC decision:

Kathryn Klaber, executive director of the Marcellus Shale Coalition…said extending the temporary ban on new permits to include exploratory wells only added “layers of unnecessary red tape” without any environmental benefit.

“The DRBC’s decision to deny Americans the benefits of clean-burning, job-creating natural gas from the Marcellus Shale is misguided and unfortunate,” she said. New technologies, she added, are reducing the overall water usage and land disturbance.

“At the same time, this production is creating tens of thousands of jobs and delivering affordable, clean-burning energy to struggling families and small businesses. Our hope is that the DRBC will recognize this fact and act accordingly, putting commonsense solutions and policies ahead of agendas,” she said.

Safely producing clean-burning natural gas from the Marcellus Shale in Pennsylvania remainsa powerful job creation engine. In fact, according to a recently updated Penn State University economic impact study, this tightly regulated production is projected to create nearly 212,000 jobs over the next decade.

Many in Pennsylvania understand how important this opportunity is for the Commonwealth, especially in regions of the state facing high unemployment and ongoing economic struggles. And like the MSC, supporters of environmentally safe natural gas production understand how critical it is to get this right, balancing commonsense environmental safeguards with the economic opportunities before us.

Here’s what one northeastern Pennsylvania natural gas advocate told the Associated Pressabout safely developing these abundant, domestic and clean-burning resources near the Delaware River basin:

Energy companies have leased thousands of acres of land in Pennsylvania’s unspoiled northeastern tip, hoping to tap vast stores of gas in a sprawling rock formation — the Marcellus Shale — that some experts believe could become the nation’s most productive gas field.

Plenty of folks like Matoushek are eager for the gas, and the royalty checks, to start flowing — including farmers who see Marcellus money as a way to keep their struggling operations afloat.

“It’s a depressed area,” Matoushek said. “This is going to mean new jobs, real jobs, not government jobs.”

Adding new and unnecessary layers of burdensome regulations and red tape – aimed at halting job-creating Marcellus Shale natural gas production – will not help deliver more affordable supplies of homegrown energy. The DRBC’s shale gas moratorium will not help drive down our dependence on unstable regions of the world to keep our economy fueled, nor will it help create jobs at a time when they’re most needed. Quite the opposite, in fact.

Copyright: Marcelluscoalition.org

Canonsburg, Pa. – Today, the Pennsylvania Independent Regulatory Review Commission (IRRC) passed a new rule mandating an “end of pipe”, 500 milligrams per liter cap on the concentration of total dissolved solids (TDS) in the disposal of produced water from natural gas production.

Kathryn Klaber, president and executive director of the Marcellus Shale Coalition (MSC), issued this statement about the new rules, which have been sought by the Pennsylvania Department of Environmental Protection (DEP):

“There is not a single water treatment facility in Pennsylvania that could meet this unreasonable benchmark, which will not provide any additional environmental benefit.

“Our industry is working aggressively and constantly to improve our water management practices, as one of our top priorities has been and remains the protection of our rivers, lakes, streams and tributaries. In fact, MSC members are now recycling nearly 60 percent of the water from this process. Many are recycling almost 100 percent of their water, thanks to new technologies and the unwavering commitment to environmental protection.

“There is a need for commonsense regulations that encourage the production job-creating natural gas throughout the Commonwealth and aim to keep our water clean. Unfortunately, these rules will make responsible shale gas development more difficult, and the jobs and economic benefits created throughout this process less likely, without positively impacting Pennsylvania’s water quality.”

NOTE: San Pellegrino Mineral Water’s TDS concentration is nearly twice the level of what these regulations would require.

Copyright: Marcelluscoalition.org

EILEEN GODIN Times Leader Correspondent

HARVEYS LAKE – Resident Michelle Boice on Tuesday night asked that borough council take an active role in slowing down natural gas drilling activity.

She cited the incident near Clearfield, Pa., as an example of what could happen. In that western Pennsylvania incident, a gas well in an uninhabited area blew out, spewing drilling mud and natural gas for hours before it was brought under control.

She detailed the long road the borough and residents have traveled to maintain and keep Harveys Lake clean, and cited how the state Department of Environmental Protection refuses to give out any more sewer permits and will not allow a resident to build a dock because of a “certain type of micro organism is living there.”

“But they approved three gas drilling permits in Lake Township, Lehman Township and Noxen,” Boice said. “All within two miles of Harveys Lake.”

Council Vice President Larry Radel told Boice he has been in contact with state Rep. Karen Boback and state Sen. Lisa Baker regarding the gas drilling.

“I have been gathering information,” Radel said. “I am trying to push for state help.”

In other matters, an update of the borough’s comprehensive plan and storm water basin inspections were approved and two new part-time police officers were hired.

With $60,000 from a Community Development grant in their pockets, council approved Wilkes-Barre engineering firm Michael J. Pasonick Jr. and Associates to help conduct studies to update the municipality’s comprehensive plan.

The current plan is dated 1974 through 1990. Council President Fred Kopko said it covers subjects such as traffic studies, projection of population, vacant land, housing, economic and transportation goals.

It serves as a guide to what is currently in the borough and how it might continue to grow, he said.

Council member Rich Williams III announced that during the next few weeks, storm water basins will be inspected and repairs made as needed by the borough’s road crew. The crew has a map and a schedule to visit each basin, but if residents know of one that is severely damaged they can contact Williams through the borough office.

Two part-time officers, Gina Kotowski and Jared Kittle, were hired, at $13.75 per hour, to cover shifts during other officers’ summer vacations.

Copyright: Times Leader

State DEP chief warns gas companies to put end to well blowouts and water pollution.

MARC LEVY Associated Press Writer

HARRISBURG — Serious consequences await the state’s rapidly growing natural gas industry if companies are caught cutting corners of safety measures to pump up profits, Pennsylvania’s top environmental regulator warned Wednesday.

Environmental Protection Secretary John Hanger told a state Senate committee that companies flocking to Pennsylvania to exploit the rich Marcellus Shale natural gas reserve must stop well blowouts, gas migration and water pollution.

He said he has seen examples of negligence and accidents and cited his agency’s actions to withhold new permits, stop a company’s operations or seal wells when safety is compromised.

“We need this industry to get the message from us that we expect that safety is not going to be sacrificed when those decisions have to be made, and there will be serious consequences” if it is, Hanger said.

Hanger spoke on the heels of two high-profile natural gas well accidents, one in Pennsylvania and one in West Virginia.

The Senate Environmental Resources and Energy Committee hearing was held as a result of a well blowout in Clearfield County earlier this month that spewed natural gas and wastewater into the air for 16 hours before it was brought under control.

It was incredibly lucky that a nearby engine did not ignite the gas and cause an explosion or fire, Hanger said.

Hanger declined to reveal the results so far of the investigation into the June 3 blowout, though he repeated criticism Wednesday of the apparently botched attempted by the company, EOG Resources, to get in contact with his agency’s emergency response hotline.

On another matter, he told senators that his agency found no violations after inspecting several Pennsylvania wells being drilled by Union Drilling, the contractor that was drilling a West Virginia well that caught fire three days after the blowout.

Hanger’s 90 minutes of testimony came a day before a state board is to vote on proposed new standards that he views as crucial to protecting public waterways from briny and chemical-laden drilling wastewater.

Copyright: Times Leader

Group urges commonsense reforms, dialogue aimed at safely expanding natural gas development, jobs in Pa.

Canonsburg, Pa. – The Pennsylvania state House of Representatives is currently considering what would be the nation’s most onerous taxes on the environmentally responsible development of clean-burning, job-creating natural gas from the Commonwealth’s Marcellus Shale formation. Kathryn Klaber, president and executive director of the Marcellus Shale Coalition (MSC), issued this statement:

“Pennsylvanians continue to face troubling economic times, with nearly one out of every ten citizens in the Commonwealth out of work today.

“Despite this difficult climate, the environmentally-safe development of the Marcellus Shale’s natural gas resources continues to create tens of thousands of good-paying jobs at a time when they’re most needed. This responsible development is not only generating hundreds of millions of dollars in tax revenue for state and local governments, but it’s also delivering clean-burning, homegrown energy supplies to struggling families in the form of affordable natural gas for home and water heaters, as well electricity.

“We will continue to work closely with the General Assembly, the governor and his administration, as well as county and local officials, to craft commonsense solutions – especially modernizing our outdated regulatory framework – that encourage competitiveness, expanded job creation and energy security.

“Unfortunately, this enormous tax hike and misguided call for blanket moratoriums on shale gas production not only put Pennsylvania on a path to become one of the least competitive energy-producing states in the country but also threatens critical capital investments, which are essential for continued job growth. Instituting new taxes and an unnecessary moratorium will only drive away jobs – what a missed opportunity that would be.”

Copyright: Marcelluscoalition.org