June 22, 2010

By votes of 4-1, the Independent Regulatory Review Commission (IRRC) passed two key new regulations that will strengthen protections on water resources and on drinking water and watersheds from natural gas drilling pollution as well as other new development projects. These new rules fall under Title 25, in the PA code, Chapter 95, Wastewater Treatment Requirements, and Chapter 102, Erosion and Sedimentation Control. The IRRC is the last step in regulatory review process and is made up of five individuals - four from each of the Assembly’s caucuses (Democrat and Republican in both the Senate and House), as well as an appointee from the Governor.  Its mission is to ensure new regulations are consistent with public interest and legislative intent.

Changes to Chapter 102 state regulations approved by the IRRC will require some developers to maintain or create a 150-foot natural vegetative buffer beside Pennsylvania’s best rivers and streams. These rules affect so-called E&S permitting or Erosion and Sedimentation Control measures implemented with construction projects to reduce impact on streams and rivers. Streams in the top 20% statewide for water quality will be subject to the increased protections.

Streamside buffers are widely considered to be the best and most effective long-term solution for protection water quality. Buffers help filter water, reduce the impacts of flooding, shade and reduce water temperatures creating better habitat for fish and aquatic species. Clean Water Action says that over 200 municipalities require buffers with 63 requiring at least 100 foot buffers.

The new drilling rules (Chapter 95) require treatment of highly saline wastewater so as to meet drinking water standards if they want to dispose of it in Pennsylvania’s waterways.  Natural gas drilling in the Marcellus Shale of Pennsylvania has become greatly scrutinized due to the immense quantities of water used in the process, the chemical additives employed, and the manner of treatment.  Between 2 and 9 million gallons are used to “frack” each well in order to release the natural gas deposits.  That water is injected with a coctail of chemicals and salts. Some water flows back up and is collected in storage ponds for re-use or treatment.

These rules affect the manner in which the water is treated and disposed of into Pennsylvania’s more than 85,000 miles of streams.  The possibility of an impact fee on corporate drilling revenues remains unclear and while supported by the Governor is mired in budget debates and discussion over how to spend the expected hundreds of millions in revenues.

Altogether over 8,000 comments were received by the state from the public, with over 90% in support of the proposed water protection rules. Some 100 organizations supported the new rules, along with several major water suppliers in the state; 50 state legislators wrote in support.

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Delaware River Basin Commission (DRBC) Executive Director Carol R. Collier recently announced that she has supplemented her May 19, 2009 determination to include natural gas exploratory wells.

My 2009 determination that sponsors of natural gas extraction projects in shale formations must obtain commission approval before commencing such projects expressly did not cover wells intended solely for exploratory purposes…I am extending the provisions of my 2009 determination to include exploratory wells, subject to reservations for exploratory well projects already approved by the states on or before June 14, 2010.

By this supplemental determination, all natural gas well project sponsors, including the sponsors of natural gas well projects intended solely for exploratory purposes, must first apply for and obtain commission approval before commencing any natural gas well project for the production from or exploration of shale formations within the drainage area of Special Protection Waters in the Delaware River Basin.

Complete details are available here>>

admin Announcements clean water, Delaware River Basin, gas drilling, Marcellus Shale, natural gas, special protection waters, watershed protection

Date: June 17, 2010

From: Brady Russell, Clean Water Action

Campaign for Clean Water Members:

Great news! Today, with 54 legislators weighing in, thousands of citizen comments and lots of support from the groups in this campaign, we passed both revisions to Chapter 102, which will give us 150 foot stream buffers, and revisions to Chapter 95, which will give us a higher standard for natural gas drillers wastewater.

Both rules passed by IRRC votes of 4-1.

It’s a great day for this campaign. Everyone worked really hard on these measures and this is a big victory. Please spread the word to media and legislators and your members today!

The General Assembly still has to review the revisions, but they are unlikely to take action. Provided they don’t, we’ve got these rules in place!

Best,

Brady Russell, Clean Water Action

See the press release from Penn Future for more details>>

admin Chapter 102 Regs, Stormwater Regulations 150 foot stream buffers, buffers, Chapter 102 regulations, Chapter 95, gas drilling, Marcellus Shale, wastewater, wastewater treatment

“ART FOR WATER” - BENEFIT ART AUCTION ONLINE THROUGH JUNE 23

Damascus Citizens, along with sponsor Richard Dreyfuss, invite you to an art auction, ART FOR WATER, to benefit a legal fund to protect the Upper Delaware River watershed from the catastrophic threats posed by gas drilling

Master prints and contemporary artworks have been donated by artists, individual collectors and galleries. Included are drawings, prints, photographs, sculpture and mixed-media collages.

Art lovers and interested buyers can view the artwork and bid on Ebay beginning Sunday, June 13, 8:00 p.m. and ending on June 23, 8:00 p.m.

The art can also be viewed in person at ArtSource International Gallery hosted by Joyce Chasan.

A preview will take place on Tuesday, June 22, 4:00 to 7:00 p.m., and a silent auction and reception will be held on Wednesday, June 23, 4:00 to 8:00 p.m.

ArtSource International Gallery is located at 333 Park Avenue South (at 25th Street), Suite 2A, NYC.

More information, including images of the artwork for sale can be found here>>

admin Announcements Delaware River Basin, economic development, gas drilling, gas extraction, gas well, human health, Marcellus Shale, water quality

EOG Resources Well Released Fracking Fluid, Natural Gas for 16 Hours

June 4, 2010–Department of Environmental Protection Secretary John Hanger has said that his agency intends to investigate aggressively the circumstances surrounding a blowout at a Marcellus Shale natural gas well in Lawrence Township, Clearfield County, and take the appropriate enforcement action.

At approximately 8 p.m. on Thursday, June 3, the operators of the well, which is owned by EOG Resources, Inc., lost control of it while preparing to extract gas after hydrofracturing the shale. As a result, the well released natural gas and flowback frack fluid onto the ground and 75 feet into the air. The well was eventually capped around noon on June 4.

Read More>>

C.C. Forbes Ordered to Produce Records, Witness Names

June 9, 2010–The Department of Environmental Protection today ordered C.C. Forbes, of Washington, PA, to suspend all post-hydraulic fracturing activities on Marcellus Shale wells in the state immediately as it continues its investigation into a June 3 well blowout in Clearfield County.

DEP Secretary John Hanger said EOG Resources-the company that owned the well in Lawrence Township-hired C.C. Forbes as a contractor to provide post-hydrofracturing services at the site.

Hanger said DEP’s order also requires C.C. Forbes to provide site and equipment records specific to the well, including any written, photographic and video documentation.

The company must also furnish the names of its employees who were working at the site or have knowledge of the equipment used there. The secretary said those employees must be made available to the department for questioning.

“We need to fully investigate the equipment used by this company to ensure that other sites in Pennsylvania are not in danger of experiencing similar blowouts that could place the public or our environment at risk,” said Hanger. “This was a serious incident that could have resulted in the loss of life or significant damage to our natural resources and the department is prepared to use all means necessary to find the cause of the blowout.

“It is imperative that C.C. Forbes provide all records related to the equipment it used, as well as access to its employees that were present when the incident occurred.”

The order requires C.C. Forbes to cease its operations until receiving DEP’s written consent to resume.

Read More>>

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