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Shale Gas Development and the Environment

Shale Gas Development and the Environment. George Jugovic, Jr. Chief Counsel, PennFuture. Shale Gas Development and the Environmental. Air Quality Shallow Groundwater Special Protection Watersheds Public Lands Transparency Data Collection. Air Quality. Flaring

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Shale Gas Development and the Environment

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  1. Shale Gas Developmentand the Environment George Jugovic, Jr. Chief Counsel, PennFuture

  2. Shale Gas Developmentand the Environmental • Air Quality • Shallow Groundwater • Special Protection Watersheds • Public Lands • Transparency • Data Collection

  3. Air Quality Flaring Study by Ceres group of investors using figures from North Dakota Industrial Commission indicates that 29% of gas produced in May 2013 was flared, down from high of 36% in September 2011. In 2012 equivalent of 1 billion gas burned and GHG emissions of putting 1 million cars on the road

  4. Air Quality NOx Emissions 1 hour NAAQS - 100 ppb short term exposure to avoid adverse health effects (Jan 2010) Evidence of degraded air quality in other gas fields across the country DEP SWRO has permitted equivalent of two coal fired power plants in the past eight years Lack of modeling because considered minor source Lack of monitoring in most active areas

  5. Shallow Groundwater Fracking NETL study preliminary results being evaluated Single well in one geologic location Pennsylvania geology variable across the shale play More studies needed to assure public

  6. Special Protection Waters

  7. Special Protection Watersheds Pipeline Crossings High Quality and Exceptional Value streams 2 Million persons fish annually; 1.6 Billion pumped into economy yearly (PAFBC) Renewable resource Anti-degredation policy Cumulative impacts

  8. Versailles, PA circa 1920

  9. Shallow Groundwater Methane Leakage Estimated 300,000 abandoned wells Complex geology complicated by underground coal mines, abandoned wells, and shallow gas Lack of construction standards for drinking water wells

  10. Shallow Groundwater On-site Disposal Practices RCRA exemption for oil and gas wastes PA Residual waste No permit required for disposal DEP authorized on-site disposal; 200 feet from stream; 20 inches above groundwater; remove liquid; wrap in liner; no long-term monitoring

  11. Public Lands

  12. Public Lands

  13. Public LandsState Forest System 1895 – Dr. Joseph Rothrock became the first commissioner 1897 – General Assembly passed law authorizing the purchase of “unseated lands for forest reservations” 1930s – Department of Forest and Waters began purchasing what would become the Loyalsock State Forest from Pennsylvania Lumber Company

  14. Public LandsMineral Rights 60% forested Pennsylvania state forests one of largest in east - 2.1 million acres. About 2/3 or 1.5 million sits on the Marcellus shale The state owns about 70% of mineral rights beneath state forests; only 30% state parks 385,400 acres of state forest land has been leased for drilling; DCNR informal policy seeks to prevent drilling in State Parks

  15. Loyalsock State ForestHigh Knob Vista

  16. Public LandsEconomic Value 2010 DCNR Park Study 33.6 million people visited State Parks; spent $738 million direct payments $463 million sales 8,439 jobs 2006 Outdoor Wildlife Survey 87.5 million hunted, fished or recreated $122.3 billion dollars

  17. Public LandsLoyalsock State Forest

  18. Public LandsThreats Forest fragmentation Erosion and sedimentation Loss of habitat

  19. Transparency Case 1: Loyalsock State Forest 114,494 acres Clarence Moore tracts consists of 25,000 that contains some of the most ecologically sensitive areas in PA Clarence Moore purchased the mineral rights from Pennsylvania Lumber Company Anadarko Petroleum own the rights

  20. Transparency DCNR asserts it must allow access because of implied right of easement Conservationists assert an unusual lease provision terminated surface access on 18,000 acres The remaining 7,000 not accessible without an easement DCNR budget already accounted for the amount of money that Anadarko offered to resolve surface access dispute

  21. Transparency Anadarko submitted development plan in March 2012 Still has not been released to publicfor comment DCNR refused to hold any public hearings for over one year April 2013, DCNR offered a meeting to hand-selected groups and individuals May 22, 2013, DCNR finally agreed to an open public meeting, held on June 4

  22. TransparencyLoyalsock State Forest

  23. Transparency No public planning process No comprehensive environmental impact statement (mini-NEPA) No obligation to hold public hearings No plain right to administrative hearing from DCNR actions

  24. Transparency Case 2: waste management records Act 13 requires maintenance of detailed records for waste management No obligation to submit records to DEP unless requested Public has no access under RTKL unless submitted to agency

  25. Data Collection Serious lack of data on important issues affecting the environment Public policy decisions should be based on scientific facts No long-term air monitoring plan in areas with most drilling No comprehensive shallow aquifer data No reporting of methane releases No data on frack fluid migration NETL study on frack fluid migration PSU study on forest fragmentation

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