Posts Tagged ‘Secretary’

By Laura Legere (Staff Writer)
Published: August 13, 2010

There are no unleased acres left in Pennsylvania’s state forests where Marcellus Shale natural gas drilling sites, pipelines and access roads could be built without damaging environmentally sensitive areas, according to a new analysis by the Department of Conservation and Natural Resources.

Nearly 139,000 acres of state forest have been leased for gas drilling since 2008 and money from those lucrative leases – a total of $354 million – has been used to help balance the last two state budgets.

But DCNR Secretary John Quigley said the era of leasing large parcels of state forests for gas drilling is over.

“We may do some little stuff here and there,” he said, “but in terms of large-scale leasing, we’re done.”

The department’s findings, demonstrated in a series of overlain maps on DCNR’s website, show the forests in northcentral Pennsylvania above the gas-rich Marcellus Shale crowded by leased land, parcels where the state does not own the mineral rights and places where development must be restricted.

Of the 1.5 million acres of state forest underlain by the shale, 700,000 acres have already been leased or the mineral rights under them are controlled by an owner other than the state.

An additional 702,500 acres are in ecologically sensitive areas – places with protected species, forested buffers, old growth or steep slopes. Another 27,500 acres are designated as primitive and remote lands, 49,600 acres were identified through a forest conservation analysis as priority conservation lands, and the last 20,400 acres are so entwined with the other sensitive areas that they cannot be developed without damaging them.

The department began to study the limits of the state forest land that can safely be leased to gas drillers as it developed a series of Marcellus gas leases in 2008 and January and May 2010.

Gas drilling has taken place on state forest land for over six decades, and mineral extraction is one of the forest’s designated uses, along with sustainable timber harvesting, recreation and conservation. But, Mr. Quigley said, “There are limits to how much you can develop the resource and maintain balance. And I think we’re there.”

There are currently about 10 producing Marcellus Shale gas wells in the state forest. The department expects there will be about 6,000 wells on 1,000 separate drilling pads when the resource is fully developed in 15 or 20 years.

The secretary said the prime consideration for any future leasing, “if we do any at all,” will be that drilling or associated activities not disturb the forest’s surface – a possibility with horizontal drilling technology that enables drillers to access the mile-deep shale from adjacent properties.

The impact of the DCNR’s findings is unclear.

Gov. Ed Rendell said earlier this year that no additional forest land will be offered for lease during his tenure, which ends in January, but the department’s findings have no legal bearing on the next administration’s ability to change its forest policy.

A bipartisan group of lawmakers in the House passed a three-year moratorium on new leasing of state forest land for gas drilling in May, but the measure has not been taken up by the Republican-led Senate.

Patrick Henderson, a spokesman for Sen. Mary Jo White, R-21, Franklin, chairwoman of the Senate Environmental Resources and Energy Committee, said he does not sense “at all” an upswell of support among the members of the Senate to pass it.

Mr. Henderson said the department’s findings “carry some weight,” but he said the claim that there is no forest land left for surface gas development is subjective.

“I think different people can conclude if there may be some tracts of land out of 1.5 million that lie within the fairway to lease,” he said.

A $120 million lease deal DCNR reached with Anadarko Petroleum Corp. in May that is expected to have minimal impact on the state forest’s surface could not have been possible if the House’s moratorium bill had been law, he said.

“There’s something to be said for having a fresh set of eyes under the new administration take a look at it and draw their own conclusions.”

Mr. Quigley was optimistic that if future decisions about forest leasing are left to DCNR, his department’s findings will stand.

“The science tells us that we’ve reached the limit,” he said. “The question becomes whether we will face another occasion when economics looms larger.”

ONLINE http://bit.ly/DCNRmaps

Contact the writer: llegere@timesshamrock.com

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Copyright:  The Scranton Times

BY BORYS KRAWCZENIUK (STAFF WRITER)
Published: July 29, 2010

A provision to require disclosure of all chemicals used in fracturing Marcellus Shale to extract natural gas could wind up as part of the scaled-down national energy bill the U.S. Senate might consider soon.

Sen. Bob Casey said he convinced Senate Majority Leader Harry Reid to fold disclosure provisions of his Fracturing Responsibility and Awareness of Chemicals Act into the energy bill.

“It’s a great breakthrough,” he said. “It’s a substantial step forward. … It gives people information they wouldn’t have otherwise about what’s happening underneath their property.”

Senate leaders are hoping to pass the bill before the summer recess Aug. 6, after realizing they did not have the votes to pass a more comprehensive energy bill. Even if the smaller energy bill gets through the Senate, the House would have to pass it before President Barack Obama can sign it. Neither is assured.

Industry groups said the fracturing chemicals are already well known to the public and state regulators, and further disclosure would harm the development of natural gas.

“We fundamentally believe that regulation of hydraulic fracturing is best addressed at the state level, and we have been unable to reach a consensus with congressional advocates on how this program would be overseen by the federal government,” America’s Natural Gas Alliance said in a statement.

Congress and the federal Environmental Protection Agency are studying whether the chemicals used in hydraulic fracturing of shale contaminate drinking water.

Energy In Depth, an industry group, argues regulation should be left to states, which “have effectively regulated hydraulic fracturing for over 40 years with no confirmed incidents of groundwater contamination associated with (fracturing) activities.”

At public meetings on gas drilling, local residents regularly dispute the claim.

Though the industry argues the chemicals it uses are well known, a Times-Tribune investigation determined that DEP scientists who analyzed spilled fracturing chemicals at a Susquehanna County well site in September found 10 compounds never disclosed on the drilling contractor’s material safety data sheet.

None of the 10 was included in a state Department of Environmental Protection list of chemicals used in fracturing, a list developed by the industry. When DEP posted a new list earlier this month, none of the 10 was on it.

Mr. Casey dismissed the industry criticism.

“That’s why I called it a substantial step forward, if they’re attacking it,” he said. “If they’re feeling that this is giving information to people that they are reluctant to disclose, that’s why I think it’s an important change, and it’s progress on an issue that some would have thought would have taken years to get done.”

Mr. Casey’s legislation would amend the federal Emergency Planning and Community Right-to-Know Act, which requires employers to disclose what hazardous chemicals they use.

The amendments would require:

– Well-drilling operators to disclose to state regulators and the public a list of chemicals used in fracturing, commonly known as fracking. The requirement would cover chemical constituents but not chemical formulas whose manufacturers are allowed by law to keep the formulas secret, according to Mr. Casey’s office.

– Disclosure to be specific to each well.

– Disclosure of secret formulas or chemical constituents to doctors or nurses treating a contamination victim in an emergency.

– An end to thresholds for reporting chemicals normally required by law so all amounts of chemicals are reported.

In an analysis of the legislation, Energy In Depth said it would “chill” investment in innovations in fracturing and place “unrealistic burdens” on natural gas producers by requiring them to disclose secret chemical compounds whose composition they legally can know nothing about.

In an interview, DEP Secretary John Hanger said he welcomed the federal legislation, argued Pennsylvania already requires more disclosure than his bill and believes companies should disclose the volume and mix of chemicals they use in fracking.

Contact the writer: bkrawczeniuk@timesshamrock.com

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Copyright:  The Scranton Times

By Elizabeth Skrapits (Staff Writer)
Published: July 21, 2010

HARVEYS LAKE – If the state Department of Environmental Protection can make borough officials do something about sewage pollution in the lake, why can’t it step in to prevent potential contamination from natural gas drilling?

That was the argument state Rep. Karen Boback, R-Harveys Lake, approached council with Tuesday. She asked borough officials to meet with DEP and the state fish commission to discuss a one-year moratorium on drilling near the lake.

Her suggestion was greeted with applause from the approximately 80 people who filled council chambers. Council members were open to the idea of contacting the state agencies.

“As far as I’m concerned, the precedent is set,” Boback said. “In my letter to (DEP Secretary John) Hanger, I put it was due to the infiltration problems during storm events. Our concern is the potential contamination with fracking fluids, and if that’s not a legitimate argument, I don’t know what is.”

Hydraulic fracturing or “fracking” involves blasting millions of gallons of chemical-treated water thousands of feet underground to break up the shale rock and release the natural gas.

Because of problems with raw sewage flowing into the lake during heavy rains, DEP cited the borough and ordered its officials to come up with a corrective action plan. As a result, the General Municipal Authority of Harveys Lake put a DEP-approved voluntary moratorium on new sewer connections in July 2003 until inflow and infiltration into the system was cut back. DEP allowed the authority to relax the moratorium in 2006.

“If they’re talking about infiltration, what about fracking water spewing all over the place?” Boback said, referring to a recent well blowout in Clearfield County.

Boback said she is writing legislation similar to what she introduced to protect drinking water sources, such as the Huntsville and Ceasetown reservoirs. DEP allows natural gas drilling up to 100 feet away from bodies of water. Boback wants that changed to 2,500 feet.

She also wants to prohibit drilling beneath drinking water sources and lakes, such as Harveys Lake, that are governed by a borough or second-class township.

Resident Michelle Boice urged council to take a “strong, proactive stance” with DEP on the issue.

“My concern is that we should be working closely with DEP as a government, and ask the tough questions as to why, when they have been a strong presence in this borough for more than 40 years, they are not doing something about controlling where these drilling permits are being issued,” she said. “Right over the hill, a half mile at Alderson, a drilling permit has been issued.”

Boice was referring to the Sordoni family’s Sterling Farms, where Carrizo Marcellus LLC plans to drill one of two exploratory wells in the Noxen area. She also noted so far 300 acres in Harveys Lake Borough have been leased to gas companies.

Councilman Ryan Doughton said gas companies can lease anywhere. However, zoning restricts where they can drill.

The only place where mineral extraction is allowed in the borough is in the small manufacturing zone on the northern side of the Old Lake Road, Doughton said. Natural gas companies seeking to drill in other parts of the borough would need a zoning hearing for a conditional use permit, he said.

According to resident Guy Giordano, the underground-spring-fed Harveys Lake is a source of the Ceasetown Reservoir, where thousands of people in the Wyoming Valley get their drinking water.

“Council needs to take a stronger position on this and ask the state for help, because this not only affects our wells around Harveys Lake, it affects the drinking water for the entire Wyoming Valley,” he said.

Councilman Rich Williams III said he has been studying the state Oil & Gas Act, trying to find out what council as a local government can do – state law supersedes local government.

“Please don’t think what you say is falling on deaf ears, because I practically use this thing for a pillow,” he told residents.

eskrapits@citizensvoice.com , 570-821-2072

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Copyright:  The Citizen’s Voice

HARRISBURG – Untrained personnel and the failure to use proper well control procedures were the principal causes of a June 3 natural gas well blowout in Clearfield County, according to an independent investigation that was released today by the state Department of Environmental Protection.

DEP Secretary John Hanger said the blowout, which allowed natural gas and wastewater to escape from the well uncontrollably for 16 hours, was the result of failures by the well’s operator, EOG Resources. The company and its contractor, C.C. Forbes LLC, lost control of the well while performing post-fracturing well cleanout activities.

“The blowout in Clearfield County was caused by EOG Resources and its failure to have proper barriers in place. This incident was preventable and should never have occurred,” said Hanger, who added that EOG Resources has been ordered to take nine corrective actions; C.C. Forbes ordered to take six corrective actions and both companies were fined more than $400,000, collectively.

An EOG representative said the company would issue a press release in response to DEP’s announcement later today.

Following a 40-day suspension of operations in Pennsylvania, EOG Resources and C.C. Forbes were permitted to resume all well completion activities. EOG Resources, formerly known as Enron Oil & Gas Co., operates approximately 297 active wells in Pennsylvania, 139 of which are in the Marcellus Shale formation.

The report was compiled by John Vittitow, whom DEP hired to conduct a thorough and independent investigation into all aspects of EOG’s drilling operation based on his respected reputation in the industry as an experienced petroleum engineer. The investigation was conducted alongside, but independently of, DEP’s investigation.

“Make no mistake, this could have been a catastrophic incident,” Hanger said. “Had the gas blowing out of this well ignited, the human cost would have been tragic, and had an explosion allowed this well to discharge wastewater for days or weeks, the environmental damage would have been significant.”

In light of the investigation’s findings, Hanger said his agency has written each company drilling into the Marcellus Shale to ensure they understand proper well construction and emergency notification procedures. The letter stated that:

• A snubbing unit, which prevents pipes from ejecting uncontrollably from a well, may be used to clean out the composite frac plugs and sand during post-fracturing (post-frac) if coil tubing is not an option.

• A minimum of two pressure barriers should be in place during all post-frac cleanout operations.

• Any blowout preventer equipment should be tested immediately after its installation and before its use. Records of these tests should be kept on file at the well site or with the well site supervisor.

• A sign with DEP’s 24-hour emergency telephone number and local emergency response numbers, including 911 and the county communications center, should be posted prominently at each well site.

• At least one well site supervisor who has a current well control certification from a recognized institution should be on location during post-frac cleanout operations. These certifications should be in possession at all times.

• A remote-controlled, independently powered blowout preventer unit, which allows workers to control what’s happening on the rig at a safe distance, must be located a minimum of 100 feet from the well and operational during all post-frac cleanout operations.

The fines assessed to EOG Resources and C.C. Forbes—for $353,400 and $46,600, respectively—will cover the cost of DEP’s response to the incident and the investigation. In addition to the financial penalties, DEP ordered EOG Resources to implement practices and take nine corrective actions to avoid a repeat of this incident. C.C. Forbes was ordered to implement similar practices and to take six corrective actions.

Copyright: Times Leader

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.

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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

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

Citing crime rise, truck-damaged roads, Rendell eyes fee. Drillers argue economic benefits ignored.

STEVE MOCARSKY smocarsky@timesleader.com

Pennsylvania’s state police commissioner on Monday raised concerns about an increase in crime associated with the natural gas industry, including the failure of some sex offenders employed by drilling companies to properly register in the state.

 Gov. Ed Rendell’s office cited those crime problems as well as road damage caused by overweight and unsafe trucks serving the natural gas industry as just two reasons a state severance tax should be imposed on the industry.

In a press release from Rendell’s office in Harrisburg, state police Commissioner Frank Pawlowski reported more arrests and incidents involving drugs, assaults and illegal weapons in northern Pennsylvania, where much of the drilling into the Marcellus Shale is taking place in the state.

“More and more, it seems the police reports coming out of the northern tier include arrests because of drug use and trafficking, fights involving rig workers, DUIs and weapons being brought into the state and not registered properly,” Pawlowski said.

“We’ve even encountered situations where drilling company employees who have been convicted of a sexual assault in another state come here to work and do not register with our Megan’s Law website. Each of these issues is unacceptable and places an even greater burden on our law enforcement and local social programs meant to help those in need,” he said.

Another aspect providing additional challenges to troopers working in the northern tier are overweight and unsafe trucks, Pawlowski said.

Pennsylvania Department of Transportation Secretary Allen D. Biehler said hundreds of miles of secondary roads in the northern tier have been damaged or made impassable because of heavy truck traffic associated with drilling activities. And while drilling companies have committed to repairing roads they use, Biehler said, their efforts have not kept pace with the damage in a number of cases.

“In a few cases, such as in Bradford and Tioga counties, we’ve had to close roads and revoke a drilling company’s permit to use those roads because repairs were not made in a timely manner. The condition of some of these roads has made travel a safety concern,” Biehler said.

PennDOT has ordered drilling companies to post bonds for 1,711 miles of roads, and that number is expected to double this year. Drilling companies have posted $16.1 million in security for bonded roads.

Pawlowski attributed much of the road damage to overweight trucks serving the gas industry. He cited a Feb. 9 enforcement effort in Susquehanna County that found 56 percent of 194 trucks checked were found to be over the weight limit. Fifty percent of those trucks were also cited for safety violations.

“These trucks are large and heavy, so for the sake of those drivers sharing the road with them, it’s important that they follow the law,” Pawlowski said. “We’re monitoring these roads closely and targeting areas where we know drilling-related traffic is heaviest, but it’s still important that anyone witnessing unsafe behavior on the part of drilling companies or their drivers report it to the state police.”

Pawlowski and Biehler both said the state and local governments need additional resources to address the problems that have accompanied the arrival of drilling companies.

Rendell has proposed a severance tax, which he says will ensure that the industry “pays its fair share and helps support the programs and services the state, counties and municipalities must provide to accommodate their presence.”

Under Rendell’s plan, the state would take in about $1.8 billion during the next five years, with $180 million of that being shared directly with local governments in areas where there is drilling activity. Local governments could then use those funds to repair roads and other infrastructure, bolster local law enforcement efforts or provide programs to help those in need.

A representative of Energy in Depth – an organization representing natural gas and oil producers – says state officials are ignoring the economic benefits of the industry when considering the severance tax issue.

“There used to be a time, and it probably wasn’t too long ago, when states were thankful for industries that found a way to create tens of thousands of new jobs and billions in annual revenue – especially during a deep recession,” Chris Tucker, a spokesman for Energy In Depth, said in an e-mailed response.

“If this is the way that state administrators show their thanks for bringing enormous economic opportunities to the Commonwealth, they sure have a funny way of showing it,” Tucker said.

Tucker also believes Pawlowski is using too broad a brush to paint an unfair picture of natural gas industry workers.

“The explicit suggestion by the state police that all natural gas workers in the state are a bunch of common criminals is especially reproachable and should be retracted and apologized for immediately,” Tucker said.

Copyright The Times Leader