Tell the Marcellus Shale Advisory Commission what you think
RDA - Responsible Drilling Alliance
Tell the Marcellus Shale Advisory Commission what you think
Back in March, Governor Tom Corbett formed the Marcellus Shale Advisory Commission (MSAC) and assigned its 30 members the task of determining how to balance job creation with environmental protection. Many believe this “balancing act” will not be done fairly, as the Commission includes 13 people with ties to the gas industry who have given a combined total of $557,000 to Mr. Corbett's political campaigns since 2008. Twelve more Commission members have ties with companies whose executives or political action committees contributed another $562,000, and one is the son of a $300,000 contributor. All together, this amounts to just over $1.4 million in contributions to Corbett.
The Commission was given 120 days to prepare a report for Governor Corbett. As the time for that final report approaches, we ask all RDA members to send an email to the MSAC expressing your thoughts and concerns. The fact that Commission membership is so overwhelmingly tilted in favor of the industry makes this call to action all the more urgent!
Underlying the challenges of regulating the gas industry is the fact thatthe laws currently on the books are a part of the 1984 Oil and Gas Act. These regulations were passed long before the process of horizontal slick water hydrofracturing was even a reality, much less a well-known nickname - fracking.
This RDA newsletter concludes with a link to a letter sent to the MSAC by Michael Krancer, Secretary of the PA Department of Environmental Protection. In his letter, Secretary Krancer points out some of the most egregious omissions in the current law, and asks the Commission to recommend new legislation that would better safeguard PA citizens and taxpayers from the financial burdens and environmental consequences wrought by the gas industry.
RDA applauds Krancer’s efforts to better protect PA residents. However, we do not believe his letter goes far enough in some areas. We are asking each of you to read Krancer’s letter and consider what additional changes you would like to see.
Following that, we ask that you please send an email to the Commission stating your concerns. Include any personal comments you wish to make, and be sure to include your full name and address as a part of your signature on the email.
The email address of the MSAC is: marcellus...@state.pa.us
RDA’s review of the Krancer letter includes these additional concerns:
Expand presumptive liability and notification distances
The current parameters for presumed liability for contamination (a term meaning the gas company must prove its innocence) are at a distance of 1000 feet from the well and a time line of 6 months. Krancer suggests that be changed to 2500 ft and 12 mos. As more and more wells are drilled, we have seen methane migrations into water wells up to 4700 feet away. Who should the law protect? Do we want to demand there be NO gas migration, or should homeowners further than 2500 feet be forced to foot the bill when their pre-drilling-zero-methane drinking water is contaminated? Tell the Commission what you think.
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Increase mandatory well location restriction
Krancer’s letter asks for regulations that increase the private water well distance restriction from 200 ft to 500 ft “unless waived by the owner”. Sadly, many folks have already (and sometimes unknowingly) signed a lease that only gives them a 200 ft allowable distance from a gas well to private water well. If this regulation passes, should it include ALL setbacks regardless of lease agreements? In other words, should leaseholders receive the protection of the law? You decide, and tell the Commission what you think.
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Increase bonding amounts
This change is WAY overdue, as bonding amounts were established in 1984 and are totally inadequate and insufficient. As it stands now, plugging old wells falls on the financial backs of PA taxpayers and the “to do” list of the DEP. The backlog is enormous, and there are currently thousands of orphaned and abandoned wells statewide. In 1998, DEP claimed that the average cost of plugging an abandoned well ranged from $6,000 to $22,000. In 2010, DEP plugged 11 wells at a cost to taxpayers of $137,348. According to current law, gas companies pay a bonding fee of $2500 per well – or they can purchase the bulk discount special for just $25,000 for an UNLIMITED number of wells! This means it will be cheaper to walk away from a gas well and let the taxpayers deal with it than is to complete the task of sealing the well once production has ceased. For more information, visit: http://www.fractracker.org/2011/06/problems-with-abandoned-and-orphaned.html
Secretary Krancer’s letter suggests increasing bonding to the amounts set forth in SB602, a bill introduced by Senator Mary Jo White. Even higher bonding limits have been called for in HB971, a bill introduced by Representative Bud George. (See links to these bills at conclusion of this newsletter) Which bill do you support? Send an email to the MSAC stating your opinion.
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Tougher penalties for violations
In his letter, Krancer asks for a doubling of civil penalties from the current “shall not exceed $25,000 plus $1,000 per day” Even at double this rate, these fines are still merely a line item in the budget for companies claiming profits in the billions. It is often more financially advantageous for a company to continue operations and pay the fine rather than stop and correct the problem. Although Krancer suggests that criminal penalties be reviewed, he states only the existing penalties in his letter.
In addition to the challenge of slap-on-the-wrist penalties, RDA is concerned that any regulations containing the phrase “to the satisfaction of DEP” could leave details of compliance open to the interpretation of both individuals and administrations. If you agree, tell the MSAC you want to see penalties increased and regulation compliance better defined.
In conclusion, RDA applauds Secretary Krancer for the research and thought that went into his letter to the MSAC. We ask each of you to read his work, and add your voice to his.
The gas industry is rapidly changing both the culture and landscape of rural Pennsylvania. Our window of opportunity to get much-needed regulations in place is RIGHT NOW. Make your voice heard. Send an email to the MSAC today. Thank you.
SB602
HB971
Read Secretary Krancer’s letter to the MSAC here:
http://www.freshlife.com/files/freshmail/DEP%20to%20MSAC%20May%202011.pdf