DEP wants drilling ‘myths’ put to rest

By SANDY LONG

PENNSYLVANIA — When Tom Rathbun, spokesman for the Office of Mineral Resources Management, PA Department of Environmental Protection (DEP) contacted The River Reporter to ask that we help put some myths about gas drilling in Pennsylvania to rest, it presented an opportunity to hear the agency’s perspective on a number of issues. Following is a conversation with the agency that holds the greatest oversight of gas drilling in the state of Pennsylvania. The interview will continue in the next issue of The River Reporter.

For more information, DEP has updated its Marcellus Shale webpage at www.dep.state.pa.us/dep/deputate/minres/oilgas/new_forms/marcellus/marcellus.htm. Rathbun can be reached at wrathbun@state.pa.us or 717/787-1323.

Rathbun writes: There are a number of valid questions and concerns surrounding development of the Marcellus Shale including how large water withdrawals will affect the health of streams, and how companies will deal with the large volume of water that must be treated.

There are a great many untruths being circulated about the Marcellus Shale in Pennsylvania. Pennsylvania regulates oil and gas drilling much differently than western states. Many of the problems that have happened in western states don’t or can’t happen here for a number of reasons including increased regulation and dramatically different geologic conditions.

Oil and gas exploration and production in Pennsylvania is regulated under all or part of the state oil and gas laws (Oil and Gas Act, Coal and Gas Resource Coordination Act and Oil and Gas Conservation Law), and the environmental protection laws that include the Clean Streams Law, the Dam Safety and Encroachments Act, the Solid Waste Management Act and the Water Resources Planning Act. In addition, the Pennsylvania Department of Labor and Industry regulates certain aspects of drilling under a portion of the state Worker and Community Right to Know Act.

TRR: Can you elaborate on the problems that “can’t happen here” due to increased regulations and different geologic conditions? What are some of the differences in geologic conditions? Is the fracking process the same as that used in the western states?

Rathbun: One of the biggest differences between Marcellus Shale and western shales is the sheer depth of the formation and consequently, the distance and layers of strata between the shale and the fresh water aquifers.

In Pennsylvania, state law requires drilling companies to drill completely through the fresh water “zone” using no lubricants to protect groundwater from contamination. Once that is completed, the drilling must stop while they “case” the well with heavy steel pipe. Grout is then forced down the well under high pressure and forced up the outside of the steel casing until the well is completely sealed off from the fresh water zone.

Once that grout hardens, drilling can resume. The casing protects the groundwater from being contaminated by fracking fluids, minerals or other fluids from different strata.

Once the well is cased, the groundwater is separated from the Marcellus Shale (and the fracking fluids) by either steel pipe or 6,000 feet of rock strata. This is not the case with some other shale formations which are very close to or even part of the surface aquifers. The requirements for well casings are found in Pennsylvania state law and may not be required in other states.

Another requirement under state law is that drilling wastes and fluids must be stored in lined impoundments or impermeable tanks. These materials cannot be allowed to contaminate surface or ground water. Water must be treated to state and federal water-quality standards before it can be discharged into streams. These requirements are not found in drilling regulations in all states.

TRR: Regarding the “lined impoundments,” are you referring to the open storage pits that appear to be lined with plastic? What fracking chemicals may be contained in these open pits?

Rathbun: The impoundment used to contain the fracking fluid is separate from the drilling sump impoundment. They are for temporary storage only. It is in the company’s best interest to send this water for treatment quickly so they can restore the site and also so that they are not paying to treat rainwater that might collect in the pit.

All the fracking chemicals can be stored temporarily in the pit. These pits are open. The water is usually pumped directly into tank trucks for transportation.

TRR: What about the undisclosed chemicals in fracking fluids?

Rathbun: This is a myth that continues to be circulated. Drilling companies involved with natural gas wells in the Marcellus Shale must disclose the names of all chemicals to be stored and used at a drilling site in the pollution prevention and contingency plan, as well as response plans in case of an accidental release. These plans contain copies of material safety data sheets [MSDS] along with emergency contact information and training protocol for employees. This information is on file with DEP and is available to landowners, local governments and emergency responders at the drilling site.

TRR: Is it true that the fracking formulas are proprietary?

Rathbun: The companies may keep the “formulas” proprietary, but the ingredients are public record under Pennsylvania’s Right to Know (R2K) law. There is an exemption to these requirements under the federal R2K law, but state law closes that loophole—again, not the case in all states. Companies may be able to keep that information a secret in other states, but not here. We don’t ask for the recipe—we ask for the ingredients.

Well drilling permits (and associated paperwork) are public record and can be viewed at the regional office where the permit was issued. The county and/or local emergency responders may share this information as well. Landowners can certainly request it from the drilling company. It is public record in Pennsylvania.

TRR: Where can one find the list of the ingredients in the fracking formulas?

Rathbun: Each company has its own “recipe” for the mixture of chemicals. The MSDS sheets for the individual chemicals used on site are part of the Operator’s Pollution Prevention and Control plan, which is on file in the regional office where the permit was issued.

The drilling permits for Pike and Wayne counties will have been issued by the Meadville Office at 814/332-6945.

[This interview continues in the next edition of The River Reporter.]