DEP: Air Quality Laws OK
Advises lawmakers to revisit setbacks
Morgantown Dominion Post
21 July 2013
By David Beard
While the Department of Environmental Protection (DEP) has
recommended that the Legislature rethink gas well pad setbacks, it
doesn’t believe new legislative rules are needed to protect air
quality.
But further studies may provide more information.
That was the DEP’s conclusion in a follow-up to its May report on
noise, light, dust and volatile organic compounds at well pads.
“Based on a review of several completed air studies to date … no
additional legislative rules establishing special requirements
need to be promulgated at this time,” wrote DEP’s Office of Oil
and Gas Chief Jim Martin in a June 28 letter to the Senate
president and House speaker. “The existing regulatory framework
provides a basis for implementation of requirements to minimize
and mitigate human health and environmental impacts.”
Martin’s letter accompanies a legislatively mandated report titled
“Air Quality Impacts Occurring from Horizontal Well Drilling and
Related Activities.”
The first six pages of the 17-page report review how DEP’s Office
of Oil and Gas, Division of Air Quality and Division of Water and
Waste management oversee various aspects of oil and gas
production. The next three pages review several air quality
studies, including one done in Monongalia County in 2011.
That study was conducted by the Environmental Protection Agency to
monitor emissions from the Morgantown Industrial Park well pads
that might be reaching Skyview Elementary School. “No indications
of public health impacts related to hydraulic fracturing were
found,” the DEP said.
The report also references three Pennsylvania DEP studies and
notes, “The short-term studies did not identify any concentrations
of any compound that would likely trigger air-related health
issues associated with Marcellus shale drilling activities.”
The DEP observes that the noise and dust study showed that vehicle
traffic and engine exhaust are likely sources of elevated
emissions. “Vehicle traffic associated with well pad development
may pose a nuisance.”
The DEP is providing training to inspectors and “the regulated
community” on mitigating noise, dust and volatile organic
compounds. Also, OOG works case-by-case with operators to resolve
citizen complaints.
The report concludes, “As evident by the many air studies under
way, these initiatives will result in more complete information
over time. Once available, this data will help advance and guide
future rule development.” In the meantime, current regulations
provide an adequate basis “to minimize and mitigate human health
and environmental impacts.”
The Dominion Post spoke to Senate President Jeff Kessler,
D-Marshall, when the noise, light, dust and volatile organic
compounds study was released. The House speaker’s office was in
transition at the time.
On Friday, new Speaker Tim Miley, D-Harrison, affirmed Kessler’s
statement that an interim Judiciary subcommittee would review and
consider the reports to determine whether to recommend any new
legislation.
He said he knows several members of Judiciary have a high degree
of interest in shale drilling regulations — including new
Judiciary chairman Tim Manchin, D-Marion, who co-chaired the
Select Committee on Marcellus shale.
“I suspect that the reports provided will be heavily scrutinized
by certain committee members,” he said.