Marcellus Misinformation: Natural-Gas Drilling is Tightly Regulated
in Pennsylvania
Washington PA Observer
Reporter
23 June 2010
Wednesday, June 23, 2010
By State Sen. Mary Jo White
In his recent opinion piece ("Under Siege by Marcellus Marauders,"
Forum, June 13), Dr. Charles McCollester argues that in this "time of
economic crisis," Pennsylvania must "adopt an immediate moratorium on
drilling" for natural gas in the Marcellus Shale "until we can
intelligently adopt adequate regulations and guarantee substantial tax
revenues" for certain of his pet causes.
Why, during this time of crisis, anyone would advocate for killing the
only golden goose on the economic horizon defies logic. No one disputes
that we must intelligently regulate this activity to ensure that our
air, land and water resources are properly protected. But Pennsylvania
does not enter this activity blindly.
While the scale of Marcellus Shale drilling is new to Pennsylvania, we
have had a robust oil and gas industry in the commonwealth for decades.
Any comparisons to past industrial extraction, such as coal mining,
which occurred before the enactment of environmental laws, are simply
inaccurate.
Dr. McCollester misstates several facts.
First, we already know which chemicals are mixed with the water that is
forced into shale formations to release natural gas, a process known as
hydraulic fracturing, or "fracking." The list is available on the
website of the state Department of Environmental Protection and in
Material Safety Data Sheets at well sites. This means our communities
and public sewer and water authorities also have access to this
information.
His claim that fracking wastewater may have caused the pollution in
Dunkard Creek that killed off much of its aquatic life -- a claim
rebutted by a federal Environmental Protection Agency study and
corrected by this very paper is false and irresponsible. The EPA cited
coal mine wastewater as the culprit.
Second, and perhaps more egregious, is his claim that gas drilling is
exempted from the federal Clean Water Act. Dr. McCollester would have
your readers believe that the industry is simply permitted to engage in
any activity it desires, without consequence. The reality is that gas
drilling is subject to the Clean Water Act, except in one limited area,
erosion and sediment control, but that is controlled under state law.
Gas drilling also is covered by Pennsylvania's Clean Streams Law, the
Air Pollution Control Act, the Oil and Gas Act and numerous other laws
and regulations. DEP has demonstrated this authority by taking
aggressive action to shut down those operators who have not abided by
our requirements.
It appears that Dr. McCollester's real goal is to ensure that
Pennsylvania simply taxes this industry to death, as is our apparent
birthright. To argue that Pennsylvanians are under siege, with
Marcellus drilling activity potentially poisoning our water tables,
sucking streams dry, polluting the air with toxic fumes -- and that
this somehow would all be remedied or on some level rendered acceptable
by levying "substantial tax revenues" -- is absurd.
It must be noted that this activity has generated billions of dollars
for landowners, including the state, through lease and royalty
payments, as well as hundreds of millions of tax dollars through
corporate and personal income, sales, fuel and other taxes. There are
serious discussions under way as to the appropriate timing and rate of
a natural gas severance tax.
Without question, we must ensure that drilling occurs in a responsible
manner. Thanks to increased permitting fees, we now have twice as many
permit reviewers and inspectors on the ground than before the Marcellus
rush. And we can learn from incidents such as the gas well fire in
Clearfield County.
My committee held a briefing June 16 to examine this issue and the
Senate Veterans Affairs and Emergency Preparedness Committee will hold
a public hearing June 29 to receive testimony on natural gas emergency
response planning and coordination.
It is fair to argue for increased regulation or to advocate for a tax
increase on industry and land owners. However, it is not helpful to
mislead the public. Certainly, there are challenges ahead of us, but we
should not lose sight that the Marcellus Shale presents perhaps the
greatest economic and clean-energy opportunity of our lifetime.
State Sen. Mary Jo White, R-Venango, is chairman of the Senate
Environmental Resources and Energy Committee.