Posts Tagged ‘U.S. Congress’

Mundy sees drilling moratorium unlikely

The Luzerne County legislator has higher hopes for another bill related to drilling.

By Andrew M. Sederaseder@timesleader.com
Times Leader Staff Writer

State Rep. Phyllis Mundy said her proposal to establish a one-year moratorium on the issuance of new permits for drilling in the Marcellus Shale formation is well intentioned, but she does not believe it has the support of enough of her colleagues to be passed this year.

“The moratorium bill is a long shot,” Mundy, D-Kingston, said on Thursday, responding to questions related to two bills and a resolution she introduced on Wednesday. The three were referred Thursday to the state House Committee on Environmental Resources and Energy.

House Bill 2608 would prohibit natural gas drilling companies that use fracking, or horizontal drilling, from drilling wells within 2,500 feet of a primary source of supply for a community water system, such as a lake or reservoir. The current restriction is only 100 feet.

That bill gained the largest number of cosponsors, including the other six state representatives who serve Luzerne County: Karen Boback, R-Harveys Lake; Mike Carroll, D-Avoca; Eddie Day Pashinski, D-Wilkes-Barre; Todd Eachus, D-Butler Township; Jim Wansacz, D-Old Forge; and John Yudichak, D-Plymouth Township. In total, the bill has 47 cosponsors, and Mundy.

She said that legislation has the best chance of being approved, but it will likely have to be offered as an amendment to another bill.

House Resolution 864, if approved, would urge the U.S. Congress to pass the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act. The resolution urges Congress to repeal a provision in the federal Safe Drinking Water Act, known as the “Halliburton loophole,” that exempts oil and gas drilling industries from restrictions on hydraulic fracturing near drinking water sources.

The act would also require oil and gas industries to disclose all hydraulic fracturing chemicals and chemical constituents currently considered proprietary rights of the company.

That resolution has the support of Mundy and 43 of her colleagues who signed on as cosponsors. Eachus, Pashinski, Wansacz and Boback were the other Luzerne County representatives who signed on as cosponsors.

House Bill 2609 seeks to establish a one-year moratorium on the issuance of new natural gas drilling permits, which Mundy said would give state officials more time to analyze the drilling industry and ensure proper protections are in place and if they’re not, what measures should be enacted.

That bill received the cosponsor support of 18 of Mundy’s colleagues, but of her fellow Luzerne County Caucus members, only Pashinski signed his name as a cosponsor. Two Lackawanna County-based state House members signed on, Kevin Murphy, D-Scranton, and Ed Staback, D-Sturges. They were among a handful of House members who signed their names as cosponsors to all three measures.

Mundy’s opponent in November, Republican Bill Goldsworthy, said the 20-year lawmaker is using Marcellus Shale exploration “to help her re-election campaign.”

“First Ms. Mundy votes to increase spending and pay for it with a new tax on gas drilling, then turns around and calls for that drilling to stop. This is the type of political double-talk that has gotten our state where we are today,” said Goldsworthy in a written statement.

Goldsworthy, the mayor of West Pittston, said he supports gas exploration, as long as it is done in an environmentally responsible manner.

“I do not think a moratorium would pass the House at this point, let alone the Senate. Perhaps a few more disasters will change people’s minds,” Mundy said, continuing to voice frustration with the way things work in Harrisburg that she expressed at a House Transportation Committee field hearing in Scranton two weeks ago. At that time, speaking about the gaping hole in the transportation budget and the state of disrepair of hundreds of roadways and bridges throughout the state, she quipped “We in Pennsylvania don’t do anything unless there’s a crisis.”

In addition to Mundy, Pashinski, Staback and Murphy, only 14 representatives signed their names as cosponsors on all three pieces.

Copyright: Times Leader

Rep. backs state control of drilling

Beaver County lawmaker opposes bill introduced by U.S. Sen. Casey to close “Halliburton loophole.”

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

Concern over environmental damage from natural-gas drilling in the Marcellus Shale region has increased enough to attract federal attention, but at least one state representative believes regulation should be left to the states.

The state Department of Environmental Protection is strengthening its regulations for well construction, and Gov. Ed Rendell responded to the concern last week by announcing a plan to begin hiring 68 more DEP workers for inspections and compliance of gas drilling.

The U.S. Environmental Protection Agency announced last week an “Eyes on Drilling” tip line for citizens to report – anonymously, if preferred – anything that “appears to be illegal disposal of wastes or other suspicious activity,” according to an EPA news release.

Also, U.S. Sen. Bob Casey Jr., D-Scranton, has introduced the Fracturing Responsibility and Awareness of Chemicals Act, which would close the so-called “Halliburton loophole.”

In the Energy Policy Act of 2005, hydraulic fracturing or “fracking” was exempted from the federal Safe Drinking Water Act, creating the loophole. Fracking forces water, sand and chemicals into rock formations underground such as the shale to crack the rock and release natural gas.

In a resolution introduced in the state House Environmental Resources and Energy Committee last week, Rep. Jim Christiana, R-Beaver, called for lawmakers to urge the U.S. Congress to not pass Casey’s proposal.

Noting that fracking itself has not caused any known groundwater contamination at more than 1.1 million wells in which it’s been used, Christiana’s resolution supports continued state regulation of the process. The resolution refers to the 2005 energy act, indicating that Congress specifically meant to exclude fracking.

It also states that a federal Environmental Protection Agency report from 2004 found that hydraulic fracturing in coal bed methane wells “poses minimal threat” to drinking water sources.

State Rep. Jim Wansacz, D-Old Forge, wasn’t sure whether he supported the resolution, but felt confident that it doesn’t really matter either way. Congress members “don’t pay much attention to that,” he said. “Resolutions don’t mean a whole lot.”

He said a federal regulation might help by keeping all states at an equal minimum, but he said treading on states’ rights would “bother” him.

Wansacz said he doubted the bill by Casey would overrule states’ authority, but he was sensitive to the issue.

“Once the feds come in, they take over … so we’ve got to be careful what we ask for.”

State Rep. Phyllis Mundy, D-Kingston, isn’t so sure the resolution is focused on states’ rights. “This resolution is obviously industry driven” she noted in an e-mail.

“The industry somehow got hydraulic fracking exempted from the (drinking-water act) and now Senator Casey has a bill to eliminate this exemption. I support the Casey bill. … It would protect drinking water and the public health from the risks imposed by hydraulic fracturing.”

Separately, the EPA is offering citizens a way to report drilling problems. The announcement comes in the wake of several controversies over whether companies are reporting all spills.

The state Department of Environmental Protection fined a Towanda company earlier this month for spilling seven tons of drilling wastewater last year. The incident was reported only after a nearby Pennsylvania Department of Transportation crew witnessed it.

In October, a complaint was filed with DEP to investigate a suspicion that trees were damaged at a Wayne County site from an unreported drilling-fluid spill.

According to the release, “public concern about the environmental impacts of oil and natural gas drilling has increased in recent months, particularly regarding development of the Marcellus Shale formation where a significant amount of activity is occurring. … The agency is also very concerned about the proper disposal of waste products, and protecting air and water resources.”

The EPA doesn’t grant drilling permits, but its regulations may apply to storing petroleum products and drilling fluids, the release noted. The EPA wants to have “a better understanding of what people are experiencing and observing as a result of these drilling activities,” the release noted, because “information collected may also be useful in investigating industry practices.

The new DEP employees will be paid for through well-permitting fees that were increased last year. There will also likely be more of them: Rendell said the industry expects to apply for 5,200 permits this year, three times as many as last year.

The new DEP regulations they’ll have to obey include increased responsibility to repair or replace affected water supplies, procedures to correct gas migration issues without waiting for DEP’s direction and re-inspection of existing wells.

The draft regulations were opened for public comment on Friday.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader