The state on gas drilling

PA environmental protection agency answers questions on regulation

By TOM KANE

HARRISBURG, PA - There are many levels of governance about gas drilling: Federal, state and local.

The River Reporter (TRR) posed questions to the Pennsylvania Department of Environmental Protection (DEP) spokesperson Tom Rathbun about what role the department plays in regulating gas-drilling companies. Rathbun consulted gas drilling experts on his staff and answered the emailed questions.

TRR: Can DEP demand to know, before drilling has taken place, what fluids are to be used in the deep drilling process called fracking?

Rathbun: Yes, under the Commonwealth’s Right-to-Know Law, DEP has access to this information and can request it as part of the operator’s Pollution Prevention and Contingency Plan.

TRR: Three questions: Can DEP overrule the exemptions set by the Energy Policy Act of 2005; exemptions from the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act and the Superfund? Does DEP have its own National Pollution Discharge Elimination System (NPDES) permitting system apart from the Federal government and is it more restrictive? Does DEP have control over soil erosion that is stricter than the Federal Environmental Protection Agency (EPA)?

Rathbun: The Energy Policy Act does not prohibit the state from regulating Erosion and Sediment (E&S) controls, and does not prohibit the state from enacting laws and regulations that are equal to or exceed Federal requirements. E&S controls in oil and gas well operations have been part of the state’s regulatory program since the mid-1970s, and DEP recently instituted new E&S regulations under state-wide permits that supersede the exemptions and requirements under the new Energy Policy Act. In addition, the state oversees its own NPDES permit program that is equal to or more stringent than Federal regulations.

TRR: Can DEP put a “stay” on drilling if it sees that some things are happening that might create serious problems in the environment? Out in Ohio, there was such a stay recently.

Rathbun: The department has sufficient enforcement authority to force compliance to protect the environment and public health and safety. Halting an operation is just one of many options available. DEP regulates these activities: E&S controls for road building, stream crossings and drilling-site preparation and operation; site restoration requirements after drilling is completed; protection by restoration or replacement of water supplies; protection of stream and wetlands?no wells are permitted in wetlands in the state.

In addition, DEP enforces distance restrictions for drilling near buildings, streams, wetlands and water supplies. At well sites, there are strict well-casing and cementing requirements to protect ground and surface water and public health and safety.

During drilling, the department requires “blow out preventers” be installed on all wells to automatically shut off the well if high pressure reaches the surface. Once a well is taken out of service, it must be plugged according to strict regulations.

DEP currently has 32 field staff to inspect oil and gas drilling operations.

TRR: Can a gas company extend a pipeline across an owner’s property without permission?

Rathbun: There are no eminent domain provisions in the law for pipelines associated with wells. A property owner cannot be forced to accept a pipeline that is associated with gas wells. However, the state has no regulatory authority over interstate transmissions pipelines. These are regulated by the Federal Energy Regulatory Commission (FERC) and will be subject to different laws.

TRR: Companies are piping large quantities of water to drill sites, taken from streams and lakes. Do they need permission to do this and what happens in a drought?

Rathbun: DEP has a requirement that a company that withdraws more than 10,000 gallons a day must register with us. The Delaware River Basin Commission (DRBC) may have their own regulations, which I am not aware of. The Susquehanna River Basin Commission (SRBC) requires consumptive-use permits.

[Editors note: DRBC and SRBC both require a permit for the withdrawal of 100,000 gallons a day. Drillers use up to three million gallons or more to drill a deep well.]

TRR: What is the maximum acreage for a drill site and how close can they be together?

Rathbun: There is no minimum or maximum acreage in the law. There are distance restrictions. Wells cannot be drilled within 200 feet of buildings and water supplies, and within 100 feet of streams and wetlands. The location of wells can be negotiated with the drilling company as part of the lease.