DRBC seeks ‘level playing field’

By SANDY LONG

FOREST CITY, PA — The presence of law enforcement officials at a recent public forum on gas drilling proved unnecessary to keep the peace during the civil discussion that took place, but it did not prevent some difficult questions delivered to Delaware River Basin Commission (DRBC) staff members who spoke at the session sponsored by R.E.S.C.U.E., an organization working for environmental protections in Wayne and Susquehanna counties.

During the forum, DRBC executive director Carol Collier and staff geologist David Kovach delivered presentations on the issues and impacts of natural gas drilling in the Delaware River Basin (DRB), then fielded questions from audience members.

“We are starting with the premise that there will be drilling in the basin and we are attempting to minimize the impacts,” Collier said before showing a slide listing DRBC’s “intent” to be: “1. Not to prevent appropriate natural gas activities. 2. Ensure proper environmental protections are in place and understood by natural gas developers. 3. Provide directional signals, not stop signs—unless warranted.”

She noted that the agency is in the process of developing a proposed set of regulations that it expects to release in October for public review. Comments will be received, compiled and delivered to DRBC commissioners. Collier described the agency’s natural gas regulatory strategy as a three-legged stool focused on the issues of water withdrawals, well pads and wastewater disposal.

Kovach detailed the research upon which DRBC drew in developing the proposed regulations (see sidebar). “We used the Barnett Shale as an analogue because it’s a play that has had its infancy, been developed and peaked, with 13,000 wells drilled,” Kovach said. “This has been a huge learning process and it’s ongoing. These are just stabs in the dark right now using the best information available to us that we’re going to refine over time.”

Collier noted that it’s the 90% contiguous forest in the headwaters of the basin that determines water quality. “We need to look at what happens on the land, not just water use,” she said. DRBC is calling for a comprehensive drilling plan to identify items such as prohibited areas, setbacks and siting limitations to minimize impacts. There is also concern about the clear-cutting needed for roads and gathering lines from individual wells to the major pipelines.

R.E.S.C.U.E secretary Joanne Morsch asked whether DRBC would require “markers” in frack fluids to enable tracing a contaminant to its source for positive identification. “It’s something we’ll talk about,” said Collier.

DRBC does have compliance and enforcement authority and aims to develop a more comprehensive monitoring strategy throughout the basin. “We’re proposing a post-hydro-fracturing report detailing what was used in the process, because it’s an ‘on-the-fly process’ while being done,” said Kovach. “It’s scientific, but it’s still a little mavericky.”

Honesdale resident Barbara Leo expressed concern about the peak years of development. “We’ll have 1,300 wells shaking up the shale,” she said. “What is the guarantee that this cumulative activity won’t cause migration to the surface or get into groundwater?”

“There’s no guarantee,” replied Kovach.

Honesdale resident Jane Prettyman asked why the regulations are being developed before completion of several major studies that are underway. “Going ahead with hydraulic fracturing in the DRB area, a protected watershed, without the EPA study is like conducting an experiment,” she said. “Talking to other organizations is not the same thing as a rigorous study.”

“The [EPA] study will be probably two or three years before being completed,” replied Collier. “What we are trying to do is put regulations out there so there is a level playing field, look at what comes out of the studies and be adaptive. The commissioners have agreed that if it is required, we will go back and change the regulations.”

“What happens to gas fracking if we have a drought of record?” asked Prettyman.

“Gas fracking would not be a priority source of water if we go into a drought,” said Collier. “We have pass-by requirements to address this. An industry has less clout than public water supply or farming or other uses.”

Another portion of the proposed regulations is a fee that would help to fund enforcement and a new bonding section, according to Collier. Visit www.state.nj.us/drbc for more information. Following two years of study, R.E.S.C.U.E. released a position paper on natural gas which can be viewed at www.rescue-nepa.org/index.htm.

DRBC estimates for the Delaware River Basin (DRB):

• The agency estimates approximately 10,000 wells may be built in the DRB during a potential 20-year development period.

• DRBC predicts between six to eight wells per pad, using 100,000 gallons per well for initial drilling, plus another one million gallons per thousand feet of lateral drilling (for example, a 5,000-foot lateral could require five million gallons of water).

• DRBC estimates a need for 19 million gallons of water per day during peak production years, with a potential annual consumption of nearly 7 billion gallons. Reuse of water would reduce this somewhat.

• Wastewater volume is estimated at 8.5 million gallons a day without flowback reuse. This does not take into account the need to re-frack wells.

• 8.7 billion gallons are already withdrawn from the basin on any given day, for non-gas related uses. About one billion of this is consumptive, meaning it won’t be returned to its source. Water for Marcellus Shale development is assumed to be fully consumptive.