Posts Tagged ‘Department of Environmental Protection’

It is up to the state whether to approve or deny the request to seek natural gas.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

PLAINS TWP. – A second energy company has plans to drill a natural gas well in Luzerne County – this one behind the East Mountain Business Park in Plains Township on property owned by Theta Land Corp.

Rice Drilling, a subsidiary of Washington County-based Rice Energy, filed an application for a permit to drill and operate a well in the northeast corner of the township with the state Department of Environmental Protection on June 24, according to the department’s online database.

The department has 45 days from receipt to either approve or deny the application.

Encana Oil & Gas is set to begin drilling two wells in Fairmount and Lake townships this summer and has drilling permits for two other sites in Lake and Lehman townships.

According to a DEP well locator map, the proposed well site in Plains Township would be just west of Deep Hollow Pond, a little more than 1,000 feet from Baltimore Drive and less than a mile south of Jumper Road.

Freda Tarbell, DEP’s community relations coordinator for the Northwest Region, said the staffer handling the application was unavailable on Thursday, so specifics on the site, such as acreage and distance from water sources, were unavailable.

A secretary with Rice said no company representative was available to provide information on Thursday.

The permit application is somewhat unusual, given that energy companies normally lease gas rights from land owners before applying for drilling permits. However, no lease for the land had been filed with the Luzerne County Recorder of Deeds.

Theta Land Corp. is a subsidiary of Southern Union Co. – one of the nation’s largest suppliers of natural gas – and has been linked to billionaire Louis DeNaples of Dunmore.

Environmentalists criticized DeNaples in 2000 in connection with the purchase of 44,000 acres of land – some of it environmentally sensitive – owned by Theta. He had long been thought to be the buyer, but a confidentiality clause in the sales agreement kept the buyer’s identity secret.

However, DeNaples’ role was confirmed by a Dauphin County grand jury, which determined that a company controlled by DeNaples had purchased Theta. DeNaples in 2008 had been charged with perjury for allegedly lying to state Gaming Control Board investigators about alleged ties to organized crime members. Prosecutors withdrew the charge after he transferred ownership of Mount Airy Casino Resort in Monroe County to a trust.

Plains Township Secretary Kathy O’Boyle said no application for drilling has been submitted to the municipality. She said most of the land behind the business park is zoned as a conservation district and extraction of natural resources would be considered a conditional use. The driller would have to appear before the planning commission and the township board of commissioners for approval, and that process could take about a month, she said.

Reacting to news of the drilling permit application, state Rep. Eddie Day Pashinski, D-Wilkes-Barre, said he’s “in favor of economic development and job growth,” but he supports a temporary moratorium on gas drilling in Pennsylvania “until safeguards are in place.”

“There needs to be regulations in place, enough inspectors on the ground, enough state police to monitor and check vehicles and proper water treatment facilities to protect drinking water sources,” Pashinski said.

“We were all very excited when we learned this new industry was coming to Northeastern Pennsylvania. &hellip Their initial presentations were very encouraging. But in light of what happened in Dimock and Clearfield County, I am supporting a temporary moratorium,” he said.

Natural gas migrated from well bores in Dimock, Susquehanna County, contaminating some drinking water wells last year.

A blowout at a well in Clearfield County in June shot explosive gas and polluted water 75 feet into the air before crews tamed it 16 hours later.

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

Copyright: Times Leader

It is up to the state whether to approve or deny the request to seek natural gas.

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer

PLAINS TWP. – A second energy company has plans to drill a natural gas well in Luzerne County – this one behind the East Mountain Business Park in Plains Township on property owned by Theta Land Corp.

Rice Drilling, a subsidiary of Washington County-based Rice Energy, filed an application for a permit to drill and operate a well in the northeast corner of the township with the state Department of Environmental Protection on June 24, according to the department’s online database.

The department has 45 days from receipt to either approve or deny the application.

Encana Oil & Gas is set to begin drilling two wells in Fairmount and Lake townships this summer and has drilling permits for two other sites in Lake and Lehman townships.

According to a DEP well locator map, the proposed well site in Plains Township would be just west of Deep Hollow Pond, a little more than 1,000 feet from Baltimore Drive and less than a mile south of Jumper Road.

Freda Tarbell, DEP’s community relations coordinator for the Northwest Region, said the staffer handling the application was unavailable on Thursday, so specifics on the site, such as acreage and distance from water sources, were unavailable.

A secretary with Rice said no company representative was available to provide information on Thursday.

The permit application is somewhat unusual, given that energy companies normally lease gas rights from land owners before applying for drilling permits. However, no lease for the land had been filed with the Luzerne County Recorder of Deeds.

Theta Land Corp. is a subsidiary of Southern Union Co. – one of the nation’s largest suppliers of natural gas – and has been linked to billionaire Louis DeNaples of Dunmore.

Environmentalists criticized DeNaples in 2000 in connection with the purchase of 44,000 acres of land – some of it environmentally sensitive – owned by Theta. He had long been thought to be the buyer, but a confidentiality clause in the sales agreement kept the buyer’s identity secret.

However, DeNaples’ role was confirmed by a Dauphin County grand jury, which determined that a company controlled by DeNaples had purchased Theta. DeNaples in 2008 had been charged with perjury for allegedly lying to state Gaming Control Board investigators about alleged ties to organized crime members. Prosecutors withdrew the charge after he transferred ownership of Mount Airy Casino Resort in Monroe County to a trust.

Plains Township Secretary Kathy O’Boyle said no application for drilling has been submitted to the municipality. She said most of the land behind the business park is zoned as a conservation district and extraction of natural resources would be considered a conditional use. The driller would have to appear before the planning commission and the township board of commissioners for approval, and that process could take about a month, she said.

Reacting to news of the drilling permit application, state Rep. Eddie Day Pashinski, D-Wilkes-Barre, said he’s “in favor of economic development and job growth,” but he supports a temporary moratorium on gas drilling in Pennsylvania “until safeguards are in place.”

“There needs to be regulations in place, enough inspectors on the ground, enough state police to monitor and check vehicles and proper water treatment facilities to protect drinking water sources,” Pashinski said.

“We were all very excited when we learned this new industry was coming to Northeastern Pennsylvania. … Their initial presentations were very encouraging. But in light of what happened in Dimock and Clearfield County, I am supporting a temporary moratorium,” he said.

Natural gas migrated from well bores in Dimock, Susquehanna County, contaminating some drinking water wells last year.

A blowout at a well in Clearfield County in June shot explosive gas and polluted water 75 feet into the air before crews tamed it 16 hours later.

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

View article here.

Copyright:  Times Leader

By Elizabeth Skrapits (Staff Writer)
Published: July 5, 2010

Luzerne test wells’ results awaited

Depending on how its first natural gas wells turn out, Luzerne County could attract a lot of attention from potential drillers.

“I suspect everybody’s interest levels will be piqued if Encana gets successful,” said Steve Myers, director of Land and Legal Affairs for Citrus Energy Corp.

Encana Oil & Gas USA Inc. is poised to start drilling two exploratory natural gas wells this summer, one in Fairmount Twp., on the property of Edward Buda off Route 118, and the second in Lake Twp. on the property of Paul and Amy Salansky on Sholtis Road.

Drilling for natural gas in an area once known for anthracite coal mining is a daring move, by industry standards.

“Everyone’s nervous about going that far south,” Mr. Myers said.

Maps of the Marcellus Shale show the formation running throughout Luzerne County. However, its shale may not be very rich in gas due to the proximity of the anthracite coal-producing areas and high temperatures, which can turn the gas into carbon dioxide, Mr. Myers said.

“There’s some concerns that the Marcellus Shale was subjected to some high temperatures, high pressures that would have converted the shale to graphite and cooked off whatever gas was in place,” he said.

There’s a line that exists, but nobody knows exactly where it is, Mr. Myers said.

“One side, it’s going to be productive; you throw a rock and it’s not,” he said. “Kind of like a summer shower. It can rain across the street, but it doesn’t rain in your yard.”

Encana officials are willing to take the risk.

“We’ve said all along that it’s exploratory, and we have to prove we can develop commercial quantities of natural gas,” Encana spokeswoman Wendy Wiedenbeck said.

“We’re not focused on what other operators are doing; we’re just focused on acting responsibly and getting the wells drilled. And the well results will speak for themselves.”

Although the drill rig is expected to arrive in Fairmount Twp. at some point after today, and the drilling and completion process will take an estimated 65 to 75 days total, production results won’t be in until the end of the year or even 2011, Ms. Wiedenbeck said.

Gas production for the Fairmount Twp. and Lake Twp. wells will have to be reviewed before Encana makes further plans, she said.

At one time Citrus had considered drilling in Luzerne County, leasing hundreds of acres in Lake and Fairmount townships in partnership with Tulsa, Okla.-based Unit Corp. But the partnership broke up and Citrus ended up selling off almost all its leases to Williams Production Appalachia.

Williams Inc., also based in Tulsa, does natural gas drilling and processing, and owns thousands of miles of pipelines, including the Transco, which runs through northern Luzerne County – conveniently close to Encana’s planned drilling sites.

Williams has received permits from the state Department of Environmental Protection to drill three wells in Columbia County: two in Benton and one in Sugarloaf Twp.

Another natural gas company, Oklahoma City-based Chesapeake Energy, also has dozens of leases in Luzerne County but hasn’t made a move yet.

“Chesapeake is still evaluating the area. However, as we drill each new well, we learn more about the potential and the productivity of particular geologic areas, and this information guides our decisions about where to focus future activity,” Brian Grove, Chesapeake director of corporate development, stated in an e-mail.

For the time being, Citrus is focusing its efforts in Wyoming County, according to Mr. Myers. The company has drilled four wells so far in a successful partnership with Procter & Gamble, and has more in the works.

Citrus also plans to drill its own wells in Wyoming County, where it has leased large chunks of land – as have Chesapeake, Carrizo Marcellus LLC, Chief Oil & Gas, and others drawn by the prospects of production in Luzerne County’s neighbor to the north.

“It’s very much a hotbed of activity,” Mr. Myers said. “Any time you get good production, people are going to come. … We expect to have plenty of company here in the future.”

Contact the writer: eskrapits@citizensvoice.com

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Copyright:  The Scranton Times

WILKES-BARRE – Democratic gubernatorial nominee Dan Onorato said Thursday he doesn’t support a moratorium on drilling in the Marcellus Shale region, but he does want to see the gas industry grow in “a responsible way.”

“I will grant permits,” Onorato said. “But I want these companies to hire Pennsylvanians. I don’t want to see a bunch of Oklahoma and Texas license plates here.”

Onorato visited the Scranton Chamber of Commerce to speak to members and young professionals of POWER Scranton to discuss the opportunities for economic growth in Scranton.

“Northeast Pennsylvania is in a unique situation to benefit from great economic growth,” he said. “The combination of location, resources and infrastructure could lead to an economic boon for the region’s economy.”

Onorato is opposed by Republican Tom Corbett, who has served two terms at the state’s attorney general.

Onorato knows Northeastern Pennsylvania – he is married to the former Shelly Ziegler of Mountain Top. Onorato said he has traveled to the region regularly for the past 20 years to visit his in-laws, Bill and Sue Ziegler.

“The northeast region is very important to me,” he said. “I will be campaigning here a lot over the next 17 weeks. I see a lot of similarities between here and my home area of Pittsburgh.”

Onorato, 49, has served as the Allegheny County executive for seven years. He boasts that when the next budget is passed in October, it will mark 10 straight years of no tax increase in the county.

“I’ve run the second largest county in the Commonwealth,” Onorato said. “We’ve downsized government – going from 10 row offices to four and we consolidated five 911 centers to one. Those two moves alone saved taxpayers $7 million per year.”

Onorato, the father of three teenagers, said he is optimistic about the governor’s race. He said he doesn’t believe a poll released last week that showed Corbett ahead by 10 percentage points.

“The same people that did that poll also had McCain ahead of Obama in 2008,” He said. “All the polls I’ve seen show this race to be neck-and-neck. I know it will be a battle, but I believe I can win.”

Onorato said the northeast region’s proximity to New York and New Jersey makes it the perfect location to become the warehouse distribution center for the eastern part of the country.

“I see a lot of potential here,” he said.

The Democrat said he would seek to enact a severance tax on the Marcellus Shale drillers and he would use the revenue to fully fund the state Department of Environmental Protection. Onorato said DEP took a 28 percent budget cut last year and he wants to return the department to full capacity.

“If we’re going to allow drilling, then we need a department to watch over it and protect the water and the environment,” Onorato said.

Bill O’Boyle, a Times Leader staff writer, may be reached at 829-7218.

Copyright: Times Leader

By Andrew M. Sederaseder@timesleader.com
Times Leader Staff Writer

Victoria Switzer watches the trucks, at least 100 of them she estimates, ramble past her Dimock Township home every day. They go back and forth from the Cabot Oil and Gas drill sites, hauling equipment, waste water and materials.

She worries what would happen if there was a spill, if the operator wasn’t properly licensed, if the truck wasn’t mechanically sound.

For years she’s been calling state officials and complaining about their speed, their actions and what she saw as violations. Last week some agencies heeded the call of Switzer and others like her and made a concerted effort to send a message to the truck operators that though they are permitted to operate, they need to do so legally.

During a three-day enforcement effort last week that focused on trucks hauling waste water from Marcellus Shale natural gas drilling operations across the state, the state police placed 250 commercial vehicles out of service.

State Police Commissioner Frank E. Pawlowski said state troopers worked in partnership with personnel from the Department of Environmental Protection, the Pennsylvania Public Utility Commission and the federal Motor Carrier Safety Administration as part of Operation FracNET.

In total, 1,137 trucks were inspected from June 14-16.

“Pennsylvania has experienced significant increases in heavy truck traffic in areas where Marcellus Shale natural gas drilling operations are taking place, particularly in Bradford, Clearfield, Susquehanna, Tioga and Washington counties,” Pawlowski said. “The process of hydraulic fracturing, or fracking, requires significant amounts of water to be delivered to the sites and later trucked away.”

He said the enforcement effort centered on identifying commercial vehicle safety deficiencies that could lead to crashes. Pawlowski said 131 of the 250 vehicles placed out of service were trucks hauling waste water. He said 669 traffic citations and 818 written warnings were issued as the result of waste water truck inspections. In addition, 23 of the 45 drivers placed out of service during the operation were waste water vehicle operators.

“As activities at natural gas sites continue to increase, it is important that everyone involved, including the waste transportation industry, understands Pennsylvania’s environmental and traffic safety laws and complies with them,” said DEP Secretary John Hanger.

“Cracking down, I’m thrilled to see it,” said Switzer, who is one of a dozen property owners in the Susquehanna County township that have had their well water polluted by oil drilling. “Better late than never.”

Mark Carmon, spokesman for DEP’s Northeast Regional office, said that three trucks were cited in Susquehanna County out of the 30 that were stopped. Two of the trucks were not carrying Prevention Preparedness Contingency plans, which list what chemicals are being hauled, emergency contact numbers in case of a spill and plans for cleanup. One of the trucks did not have proof of waste hauling certification, and one truck did not have its waste log book listing what it was hauling and from and to where.

Carmon said the operation provided “a good opportunity to check these trucks” and said it will be an ongoing measure.

Lt. Myra A. Taylor, a state police spokeswoman, said a decision was made to “make a concerted effort to blitz these particular areas,” in part, because of concerns raised by residents.

“I applaud the citizenry,” Taylor said. And she echoed Carmon’s comments that these inspections will not be a one-time event.

“We will be ever vigilant,” she said.

State Rep. Karen Boback, R-Harveys Lake, praised the offices involved in the operation.

“I applaud our state agencies and the state police for working together to monitor frack water hauling operations. It is vital that we continue to scrutinize every phase, aspect and offshoot of the drilling process, and I encourage law enforcement to persist in efforts to root out those operators who are not acting in accordance with Pennsylvania laws and potentially endangering the lives and health of Commonwealth residents, along with our environment,” she said.

Taylor said the truck violations found ran the gamut mechanical issues to overweight trucks. Driver citations included drivers operating without a proper license and drivers who were operating without enough rest or working too many hours in a day.

A list of what trucking companies were cited was not available by the state police or DEP.

A statement from the executive director of the Marcellus Shale Coalition, a pro-drilling organization, said steps have been taken and will continue to be taken to reduce gas-related truck traffic.

Copyright: Times Leader

BY JEREMY G. BURTON (STAFF WRITER)
Published: June 24, 2010

Pennsylvania authorities found environmental and safety violations on more than 130 trucks hauling wastewater from natural gas wells during a three-day enforcement blitz last week, the state Department of Transportation said Wednesday.

Overall, officials inspected 1,137 trucks between June 14 and 16 during the multi-agency operation, which was focused on Marcellus Shale drilling sites. Of the 210 commercial vehicles ordered out of service for violations, 131 were transporting wastewater used in the process called hydraulic fracturing.

The added enforcement has been made necessary by the growing gas industry’s heavy truck traffic, especially in rural counties, state police Commissioner Frank E. Pawlowski said in a statement.

Also participating was the state Department of Environmental Protection, the Pennsylvania Public Utility Commission and the federal Motor Carrier Safety Administration.

In Troop R – which covers Lackawanna, Pike, Susquehanna and Wayne counties – officials shut down 25 vehicles and issued 141 citations during 142 inspections.

Sixty-six vehicles were shut down and 358 citations issued in 166 inspections within Troop P, which covers Bradford, Sullivan, Wyoming and part of Luzerne counties.

One hundred nineteen vehicles were shut down in western and central Pennsylvania.

Inspectors especially looked for safety deficiencies that could lead to crashes, authorities said.

Contact the writer: jburton@timesshamrock.com

View article here.

Copyright: The Scranton Times

An organization funded by the natural gas industry disputes the HBO film’s conclusions.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

After Josh Fox was offered nearly $100,000 to lease his 20 acres in Wayne County to a gas company, he heard two different accounts – one, a story of easy money, the other a tale of horror.

The 37-year-old independent filmmaker set out to find the truth about natural gas drilling, and his conclusions can be seen in his documentary film “Gasland,” to air on HBO at 9 p.m. on Monday.

And while representatives of the gas industry call the film a piece of propaganda filled with exaggerations and inaccuracies, Fox stands by his work and says it’s the industry’s response that is propaganda.

In a phone interview Thursday afternoon, as he was getting ready for a special screening of the documentary at the HBO Theater in New York City that night, Fox said a land man with a gas company told him in 2008 that the company probably wouldn’t even drill on the land. But he heard from others that environmentally, gas drilling was “very polluting.”

“There was such a disparity between what was being said and what was being offered, I needed to see with my own eyes,” Fox said.

So, Fox set out for the village of Dimock in Susquehanna County to talk with folks whose well water was polluted by natural gas migration from leaking gas wells.

“It was completely a disaster area. There were Halliburton trucks swarming everywhere. Water was bubbling and fizzing; some you could light on fire. There was a feeling of regret and betrayal in the air,” Fox said.

Residents were unaware of the contamination until Norma Fiorentino’s water well exploded on Jan. 1, 2009, Fox said.

The state Department of Environmental Protection fined the drilling company and ordered the wells capped.

Fox visited 23 other states where natural gas drilling was taking place. He interviewed people whose health and quality of life were negatively impacted; scientists, one of whom warns of the dangers of drinking water infused with chemicals used in hydraulic fracturing (commonly called fracking), which releases the gas from the underground shale formations; and government officials on both sides of the issue.

One of the officials Fox interviewed was DEP Secretary John Hanger, who minimized the negative effects of fracking but refused to drink a glass of water from an affected well, according to a synopsis of the film on the HBO website.

On the same day as a special screening of the film in Montrose earlier this month, Energy in Depth – a gas-industry-funded organization, released an alert on its website entitled “Debunking Gasland,” pulling out numerous quotes from the movie and disputing them.

Energy In Depth claimed that Fox was “misstating the law” when he said that a 2005 energy bill exempted the oil and gas industry from the Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, the Superfund law and other regulations. The industry is regulated under every single one of those laws, said Energy In Depth spokesman Chris Tucker.

The organization states that Fox was “flat-out making stuff up” when he said the Pinedale Anticline and Jonah gas fields of Wyoming are directly in the path of a 1,000-year-old migration corridor of pronghorn antelope, mule deer and sage grouse, each species of which is endangered.

Energy in Depth countered that three species of the pronghorn are endangered and none are found near the Pinedale Anticline, citing the Great Plains Nature Center; that only mule deer from New Mexico, noting that mule deer are so plentiful in Wyoming, there is a mule deer hunting season; and citing a U.S. Fish and Wildlife report stating that the sage grouse is not on the endangered list and there are “robust populations” of the bird in Wyoming.

Fox also blamed an algae bloom that killed fish and other aquatic life in Dunkard Creek in Washington County on natural gas development, Tucker said. But DEP reports show the bloom was caused by coal mine drainage.

The organization also cites a reference in the documentary to Colorado resident Lisa Bracken, who reported to environmental regulators occurrences of natural gas in the West Divide Creek, which she believed was related to natural gas drilling. “Fox blames methane occurrence in West Divide Creek, Colo., on natural gas development,” the release states.

Energy In Depth published links to reports on the Colorado Oil and Gas Conservation Commission website that showed the methane was naturally occurring. Tucker said those reports were available long before “Gasland” was released.

Theo Stein, communications director for the Colorado Department of Natural Resources, said a commission investigation revealed that the methane Bracken reported bubbling in her beaver ponds near the creek was naturally occurring swamp gas from rotting vegetation.

Stein confirmed, however, that about a quarter-mile upstream, some methane gas was still present from a gas migration into the creek from a leak in a well drilled in 2004 by EnCana Oil & Gas, the company that will begin drilling in Luzerne County next month. EnCana received the largest fine in Colorado’s history for allowing that leak to occur.

Tucker, who is a native of Kingston Township and has been closely following the development of the Marcellus Shale in Northeastern Pennsylvania, said the press release was addressing only Bracken’s claims in the documentary. He was unfamiliar with the incident involving EnCana and said the issue alert was not meant to be misleading.

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