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.