Posts Tagged ‘Phyllis Mundy’

Area gas drilling a danger, activist says

By Jen Marckinijmarckini@timesleader.com
Staff Writer

KINGSTON TWP. – A representative of Shaleshock Action Alliance spoke about issues of drilling into the Marcellus Shale at a public meeting on Friday.

Shaleshock Action Alliance member Andrew Byers of Ithaca, N.Y., discusses environmental issues concerning natural gas drilling in Marcellus Shale at a public meeting in Shavertown on Friday night. Ayers offered a petition that calls for more regulation of drilling activities.

The meeting, sponsored by the newly formed group, Luzerne County Citizens for Clean Water, featured a presentation by Andrew Byers, of Ithaca, N.Y.

Gas companies have leased thousands of acres from Benton to Dallas and plan on drilling by “hydro-fracturing,” a high-pressure pumping process that could have detrimental environmental and economic impacts, Byers said.

An estimated 2 million to 9 million gallons of water mixed with chemicals is used per well in fracking, Byers said. Sixty-five of the chemicals are classified as hazardous waste – many causing cancer or birth defects, he said.

According to Byers, products used in natural gas production in Colorado had adverse health effects, including endocrine disruptors.

“This is not waste water,” he said. “This is low-level radioactive fluid.”

Property values have shown to plummet after gas drilling, Byers said, adding that each fracking requires 550 to 2,500 tanker truck trips, which could result in road damage.

In 2005 the gas and oil industry became exempt from the Safe Drinking Water Act. They are not required to comply with federal or local laws.

“We have an industry that is unregulated on a federal level,” Byers said.

About a dozen people are active in the grassroots group that wants to protect its communities, said Audrey Simpson, a member.

A petition to say no to polluted water and unrestricted natural gas drilling in the county was distributed at the evening meeting, which was held at Kingston Township Municipal Building, Shavertown.

The petition asks state legislators to modify state laws to allow restrictions on drilling in populated areas.

State Rep. Phyllis Mundy, who attended the meeting, said she is concerned about the potential harm that could be done as a result of drilling into the Marcellus Shale.

Mundy, D-Kingston, said she and state Rep. Karen Boback, R-Harveys Lake, are working with the chairman of the Environmental Resources and Energy Committee in the House on bills that would provide protection such as buffers around waterways.

“I support a Marcellus Shale severance tax that would be dedicated toward any environmental harm or impact that is caused by the drilling,” Mundy said.

Copyright: Times Leader

Rep. backs state control of drilling

Beaver County lawmaker opposes bill introduced by U.S. Sen. Casey to close “Halliburton loophole.”

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

Concern over environmental damage from natural-gas drilling in the Marcellus Shale region has increased enough to attract federal attention, but at least one state representative believes regulation should be left to the states.

The state Department of Environmental Protection is strengthening its regulations for well construction, and Gov. Ed Rendell responded to the concern last week by announcing a plan to begin hiring 68 more DEP workers for inspections and compliance of gas drilling.

The U.S. Environmental Protection Agency announced last week an “Eyes on Drilling” tip line for citizens to report – anonymously, if preferred – anything that “appears to be illegal disposal of wastes or other suspicious activity,” according to an EPA news release.

Also, U.S. Sen. Bob Casey Jr., D-Scranton, has introduced the Fracturing Responsibility and Awareness of Chemicals Act, which would close the so-called “Halliburton loophole.”

In the Energy Policy Act of 2005, hydraulic fracturing or “fracking” was exempted from the federal Safe Drinking Water Act, creating the loophole. Fracking forces water, sand and chemicals into rock formations underground such as the shale to crack the rock and release natural gas.

In a resolution introduced in the state House Environmental Resources and Energy Committee last week, Rep. Jim Christiana, R-Beaver, called for lawmakers to urge the U.S. Congress to not pass Casey’s proposal.

Noting that fracking itself has not caused any known groundwater contamination at more than 1.1 million wells in which it’s been used, Christiana’s resolution supports continued state regulation of the process. The resolution refers to the 2005 energy act, indicating that Congress specifically meant to exclude fracking.

It also states that a federal Environmental Protection Agency report from 2004 found that hydraulic fracturing in coal bed methane wells “poses minimal threat” to drinking water sources.

State Rep. Jim Wansacz, D-Old Forge, wasn’t sure whether he supported the resolution, but felt confident that it doesn’t really matter either way. Congress members “don’t pay much attention to that,” he said. “Resolutions don’t mean a whole lot.”

He said a federal regulation might help by keeping all states at an equal minimum, but he said treading on states’ rights would “bother” him.

Wansacz said he doubted the bill by Casey would overrule states’ authority, but he was sensitive to the issue.

“Once the feds come in, they take over … so we’ve got to be careful what we ask for.”

State Rep. Phyllis Mundy, D-Kingston, isn’t so sure the resolution is focused on states’ rights. “This resolution is obviously industry driven” she noted in an e-mail.

“The industry somehow got hydraulic fracking exempted from the (drinking-water act) and now Senator Casey has a bill to eliminate this exemption. I support the Casey bill. … It would protect drinking water and the public health from the risks imposed by hydraulic fracturing.”

Separately, the EPA is offering citizens a way to report drilling problems. The announcement comes in the wake of several controversies over whether companies are reporting all spills.

The state Department of Environmental Protection fined a Towanda company earlier this month for spilling seven tons of drilling wastewater last year. The incident was reported only after a nearby Pennsylvania Department of Transportation crew witnessed it.

In October, a complaint was filed with DEP to investigate a suspicion that trees were damaged at a Wayne County site from an unreported drilling-fluid spill.

According to the release, “public concern about the environmental impacts of oil and natural gas drilling has increased in recent months, particularly regarding development of the Marcellus Shale formation where a significant amount of activity is occurring. … The agency is also very concerned about the proper disposal of waste products, and protecting air and water resources.”

The EPA doesn’t grant drilling permits, but its regulations may apply to storing petroleum products and drilling fluids, the release noted. The EPA wants to have “a better understanding of what people are experiencing and observing as a result of these drilling activities,” the release noted, because “information collected may also be useful in investigating industry practices.

The new DEP employees will be paid for through well-permitting fees that were increased last year. There will also likely be more of them: Rendell said the industry expects to apply for 5,200 permits this year, three times as many as last year.

The new DEP regulations they’ll have to obey include increased responsibility to repair or replace affected water supplies, procedures to correct gas migration issues without waiting for DEP’s direction and re-inspection of existing wells.

The draft regulations were opened for public comment on Friday.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Reps withdraw drill bill support over ‘forced pooling’

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

Several local legislators have removed their support from a bill purported to protect landowners from unwanted gas drilling near their property, after learning about potential unintended implications in the legislation.

State House Bill 977, introduced by state Rep. Sandra Major, was announced in February to “extend the Oil and Gas Conservation Law to development within the Marcellus Shale deposit,” along with other protections for landowners, according to the co-sponsorship memorandum distributed throughout the House.

Those protections, however, would allow in the Marcellus area so-called “forced pooling.” Defended as a way to reduce land disturbance by maximizing the area each gas well drains, the practice essentially forces landowners into leasing if surrounding land has been leased for drilling.

State Reps. Karen Boback, R-Harveys Lake, Phyllis Mundy, D-Kingston and Jim Wansacz, D-Old Forge, have removed their support of the bill in response to that potential threat.

Mundy asked legal counsel for the House Environmental Resources and Energy Committee – where the bill has been sitting since March – to investigate the implication.

“The issue of forced pooling is a double-edged sword,” the analysis concluded. Without it, gas companies are free to drill as close to property lines as possible and siphon off gas from neighboring unleased property that naturally drains out – known as the “Law of Capture” – without compensation. “Yet the remedy of forcing the unwilling landowner to open up the land for drilling is unsatisfactory as it infringes upon individual property rights,” according to the analysis.

Major, R-Montrose, acknowledged that potential interpretation of her bill, but maintains that wasn’t the intent. She said she is open to amending the bill’s language to unambiguously protect landowners’ rights. Mundy, Boback and Wansacz noted that they would consider supporting the bill with changes and acknowledged that their support was based on the claims in the original memo rather than the bill’s wording.

“What we did is we assumed it. Up here, you take people for their word. Bills can be interpreted many different ways,” Wansacz said.

He said he felt confident that, had the bill ever been subjected to hearings, the issues would have arisen and been addressed. “Before a bill becomes law, it never ever looks like what it started out,” he said.

Mundy said she will support existing bills that individually address the other proposals in Major’s bill, such as prohibiting drillers from drilling through unleased land and ensuring that extraction costs aren’t deducted from landowners’ royalties.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Drilling for gas raising issues

Holdouts wonder if someday they’ll be forced to enter into natural-gas leases.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

With more than 150 acres between her and her parents, Maria Rinehimer’s family could stand to make a tidy profit off natural-gas leasing. But their banker won’t need to worry about clearing out room in the vault any time soon – the family’s not interested.

“I think it’s a really bad thing for the area. If something happens, like a spill or something, I don’t think they’re going to clean it up for us. I think we’re going to be stuck with it,” Rinehimer said.

In Union Township near Shickshinny Lake, Rinehimer, her husband, Kevin, and her side of the family, the Scalzos, sit squarely within the current area of focus for the two gas companies partnering on drilling activities in the county.

The family’s aversion to leasing highlights several growing issues with increased drilling in the Marcellus Shale.

First, residents of northern Pennsylvania, who’ve long harbored suspicion of wealthy interests exploiting local resources such as coal and trees, question whether gas companies can be trusted on the face value of their assurances or if they’re just another chapter in the sad litany of robber barons.

And second, will people who don’t want to lease be forced to if everyone around them is? It’s a practice called “forced pooling,” and while it’s not yet legal in Pennsylvania’s Marcellus Shale, there is a bill in the state House, according to Tom Murphy, an educator with the Lycoming County Penn State Cooperative Extension.

“That would make everything in the Marcellus and below fall in the forced pooling scenario, but at this moment it has not been passed,” he said.

The practice, which is legal in New York, is defended as a way to reduce land disturbance by maximizing the area each well drains.

House Bill 977 – which is cosponsored by, among others, Reps. Karen Boback, R-Harveys Lake, Phyllis Mundy, D-Kingston and Jim Wansacz, D-Old Forge – has been sitting in committee since March.

Rinehimer attended a September meeting held by WhitMar Exploration Co., which later teamed with EnCana Oil and Gas (USA) Inc. to propose three wells in northern Luzerne County.

“He (a company representative) kind of went around the answer, and didn’t really go right ahead and say if something does happen to your water system and you can’t drink it … they’re going to clean it up for you,” she said. “Nothing was really clear.”

EnCana’s is sensitive to the issue, company spokesman Doug Hock said.

Its policy in this area is to monitor all water supplies within a mile of wells before and after the drilling occurs. The company cases wells with several layers and pressure tests, he said, ensuring the integrity of each well.

“If there were a loss of fluid or a loss of gas, we would know through that pressuring testing process,” he said.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader