Shale Gas Development on Public Lands

Shale Gas Developmentand the EnvironmentGeorge Jugovic, Jr.Chief Counsel, PennFutureShale Gas Developmentand the EnvironmentalAir QualityShallow GroundwaterSpecial Protection WatershedsPublic LandsTransparencyData Collection Air QualityFlaringStudy 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

Air QualityNOx Emissions1 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 countryDEP SWRO has permitted equivalent of two coal fired power plants in the past eight yearsLack of modeling because considered minor sourceLack of monitoring in most active areas

Shallow GroundwaterFracking

NETL study preliminary results being evaluatedSingle well in one geologic locationPennsylvania geology variable across the shale playMore studies needed to assure public

Special Protection Waters

Special Protection WatershedsPipeline Crossings

High Quality and Exceptional Value streams2 Million persons fish annually; 1.6 Billion pumped into economy yearly (PAFBC)Renewable resourceAnti-degredation policyCumulative impactsVersailles, PA circa 1920

Shallow GroundwaterMethane Leakage

Estimated 300,000 abandoned wellsComplex geology complicated by underground coal mines, abandoned wells, and shallow gasLack of construction standards for drinking water wellsShallow GroundwaterOn-site Disposal Practices

RCRA exemption for oil and gas wastesPA Residual wasteNo permit required for disposalDEP authorized on-site disposal; 200 feet from stream; 20 inches above groundwater; remove liquid; wrap in liner; no long-term monitoringPublic Lands

Public Lands

Public LandsState Forest System1895 Dr. Joseph Rothrock became the first commissioner1897 General Assembly passed law authorizing the purchase of unseated lands for forest reservations1930s Department of Forest and Waters began purchasing what would become the Loyalsock State Forest from Pennsylvania Lumber Company

Public LandsMineral Rights60% forestedPennsylvania state forests one of largest in east - 2.1 million acres. About 2/3 or 1.5 million sits on the Marcellus shaleThe state owns about 70% of mineral rights beneath state forests; only 30% state parks385,400 acres of state forest land has been leased for drilling; DCNR informal policy seeks to prevent drilling in State Parks

Loyalsock State ForestHigh Knob Vista

Public LandsEconomic Value2010 DCNR Park Study33.6 million people visited State Parks; spent $738 million direct payments$463 million sales8,439 jobs2006 Outdoor Wildlife Survey87.5 million hunted, fished or recreated$122.3 billion dollarsPublic LandsLoyalsock State Forest

Public LandsThreatsForest fragmentation

Erosion and sedimentation

Loss of habitat

TransparencyCase 1: Loyalsock State Forest114,494 acresClarence Moore tracts consists of 25,000 that contains some of the most ecologically sensitive areas in PAClarence Moore purchased the mineral rights from Pennsylvania Lumber CompanyAnadarko Petroleum own the rights

TransparencyDCNR asserts it must allow access because of implied right of easementConservationists assert an unusual lease provision terminated surface access on 18,000 acresThe remaining 7,000 not accessible without an easementDCNR budget already accounted for the amount of money that Anadarko offered to resolve surface access disputeTransparencyAnadarko submitted development plan in March 2012Still has not been released to public for commentDCNR refused to hold any public hearings for over one yearApril 2013, DCNR offered a meeting to hand-selected groups and individualsMay 22, 2013, DCNR finally agreed to an open public meeting, held on June 4TransparencyLoyalsock State Forest

Transparency

No public planning processNo comprehensive environmental impact statement (mini-NEPA)No obligation to hold public hearingsNo plain right to administrative hearing from DCNR actions

TransparencyCase 2: waste management recordsAct 13 requires maintenance of detailed records for waste managementNo obligation to submit records to DEP unless requestedPublic has no access under RTKL unless submitted to agencyData CollectionSerious lack of data on important issues affecting the environmentPublic policy decisions should be based on scientific factsNo long-term air monitoring plan in areas with most drillingNo comprehensive shallow aquifer dataNo reporting of methane releasesNo data on frack fluid migrationNETL study on frack fluid migrationPSU study on forest fragmentation