DRBC to regulate exploratory wells

Wayne test wells exempted

By FRITZ MAYER

RIVER VALLEY — Carol Collier, the executive director of the Delaware River Basin Commission (DRBC) announced on June 14 that the commission will include exploratory wells in its permitting process.

In May 2009, Collier issued a determination that natural gas wells required DRBC approval before being constructed, but the determination excluded exploratory wells. After receiving many comments from the public about the matter, the commission included them.

Collier said, “For the purpose of this determination, any natural gas well drilled in or through shale is assumed to be targeting a shale formation and is subject to this determination, unless the project sponsor proves otherwise.”

One of the groups bringing the most pressure, Damascus Citizens for Sustainability (DCS), filed multiple legal notices on the issue. On May 27, the group’s lawyer, Jeff Zimmerman, challenged the policy of the commission not to review exploratory or test wells.

Although the DRBC is now taking action urged by DCS, the move does not satisfy the group because the determination says that projects in the basin that have already received state approval may go forward. There are 15 exploratory wells set to go up in Wayne County, PA, and six of those have already received state permits. Another test well located in Nockamixon Township, which prompted a challenge regarding DRBC policy from the township and from the Delaware Riverkeeper Network, has also received a state permit.

Pat Carullo, one of the founders of DCS, said the expanded determination by the DRBC is “a move in the right direction,” but he added the decision to allow the permitted wells to go forward was “arbitrary and capricious.” He said the area has experienced the possible negative impacts of test wells with the Robson well in Wayne County, which resulted in a contaminated well site.

Carullo said DCS and its partners are examining their options before deciding the next course of action.

Regarding the test wells that already have permits, Collier said in a press release, “In contrast to the thousands of wells projected to be installed in the basin over the next several years, the risk to basin waters posed by only the wells approved by Pennsylvania since May 2009 is comparatively small. Not only are these wells subject to state regulation as to their construction and operation, but they continue to require commission approval before they can be fractured or otherwise modified for natural gas production.

“In light of these existing safeguards and the investment-backed expectations of the sponsors of these projects, this supplemental determination does not prohibit any exploratory natural gas well project from proceeding if the applicant has obtained a state natural gas well permit for the project on or before June 14, 2010.”