New game demands new rules

One sentence that can make a difference

They call it the Marcellus Play, but drilling rigs, diesel trucks, and toxic chemicals are a far cry from baseballs and bicycles. The present federal and state laws are also a far cry from what is needed to best protect our air, water, land, and way of life. In the gas game, the drillers are way out ahead of the legislators.

In December 2009 – FreshMail readers were encouraged to attend a DEP hearing on the enactment of new water quality standards that would prevent the gas industry from dumping salty wastewater into PA’s rivers and streams.

Over 125 people packed the hearing, and over 4,000 concerned citizens wrote to the Independent Regulatory Review Commission (IRRC) encouraging Commission members to adopt stricter standards to protect PA’s rivers and streams. The IRRC ruled in favor of the rivers, and the new regulations will be enacted on January 1, 2011. I join with other concerned citizens in applauding the IRRC decision.

Once again, the IRRC is seeking to tighten existing regulations to address the new technology and risks. This time, concerns are many and varied, including: the strength of cement well casings, prevention of well blowouts, and response time when drinking water is contaminated. These and other Chapter 78 regulations were first enacted when well depths and pressures did not even begin to match those in practice today.

This Wednesday, July 21st at 7 PM in the Heim Science Building, Room G-11 at Lycoming College in Williamsport, a hearing will be held on proposed modifications to Chapter 78 regulations. To reserve your 10-minute slot for testimony, phone 717-787-4526. If you cannot attend the hearing, you may submit your official written testimony electronically to: RegComments@state.pa.us Letters can be mailed to: Environmental Quality Board, P.O. Box 8477 Harrisburg PA  17105-8477. Be sure to use subject heading “CH 78 Regulations” and to include your full name and address.

The best source of information and talking points can be found in a study done by Petroleum and Environmental Engineer Susan Harvey. This report, endorsed by many leading environmental organizations, including: Earth Justice, Sierra Club, Trout Unlimited, Clean Water Action and others can be found at: www.earthjustice.org/library/legal_docs/padep-recommendations.pdf

Examples of talking points:
#1 – Cement. The commission should require a better quality of cement mixture be used to prevent pollution and provide safer conditions. For example, compared to PA law, Texas requires a 72-hour compressive strength standard of at least 1,200 psi across critical zones of cement at the bottom of the casing seat where the highest pressures and stresses are likely to be encountered and in places where the well bore passes through aquifers and drinking water. By comparison, PA DEP’s definition for cement sets a 24-hour compressive strength standard of at least 500 psi. States like Texas have found that standard insufficient to prevent vertical migration of fluids or gas behind pipe.

#2 - Protection of Water Supplies. DEP has proposed a number of important revisions to the Chapter 78 regulations to clarify what constitutes an adequately restored or replacement water supply. However, DEP did not recommend any revisions to set a timeframe for acting upon a complaint filed for pollution or diminution of a water supply as a result of drilling or operating a gas well. Experience tells us that folks without water are often ignored for weeks, as gas-drilling companies deny responsibility for polluting drinking water supplies and tie things up in court.

#3 - Blowout Preventer. We need only look to the BP disaster in the Gulf and the recent gas well blowout in Clearfield to know the grave danger of well blowouts. Injury, fire, explosion, spills, gas venting, equipment damage, water pollution, and other environmental destruction and are possible. Once the surface casing is installed and cemented, ALL wells should be drilled with a Blow-Out Preventer.  No exceptions.

Thanks for reading this message to the end. I hope you are willing to speak out, send an email, or write a letter regarding these critically needed regulations. If you are unsure which points to make, or do not have time to read the details, I urge you to simply ask the EQB to include the language proposed by the Harvey Consulting report in the new Chapter 78 regulations.

That one sentence, along with your name and address, can and will make a difference. Thank you.

Barb Jarmoska