If the fracking water don’t get you, the benzene air might

In this Jan. 22, 2010 photo, antelope graze not far from gas drilling rigs in western Wyoming’s Upper Green River Basin, where ozone levels last week exceeded the worst days in major U.S. cities last year. Local residents complain of runny eyes, nosebleeds and shortness of breath and say the air is hazy. (AP Photo/Mead Gruver)

The natural gas drilling industry has a bit of an image problem. 

First there were the poisoned wells in Dimock, Pa. Then the exploding drilling pad. Then the Gasland interview with the homeowner whose tap water burst into flames.

More recently, the New York Times let us in on the little secret that seemed to have escaped the attention of most everyone at the federal and state regulatory agencies–wastewater from the hydrofracturing (fracking) process contains radioactive properties. It’s running through public treatment plants that are not equipped to detect or remove it and ending up in streams and rivers that millions of people in Pennsylvania and New Jersey rely on for drinking water.

That revelation caused such a stir that the EPA paid Pennsylvania a hurried visit to urge officials there to tighten up on their water-monitoring practices and two committees in the neighboring New Jersey Legislature released bills that would ban (Senate version) or freeze (Assembly version) any natural gas drilling in the Garden State (not that there is any).

But that’s not the end of Big Gas’s problems. The Associated Press now reports that natural gas drilling in the Upper Green River Basin of outdoorsy Wyoming produced ozone levels last week that exceeded the worst days in major U.S. cities last year.


Yes, the smog in Wyoming’s gasland is worse than the smog in Los Angeles!


“It is scary to me personally. I never would have guessed in a million years you would have that kind of danger here,” Debbee Miller, a manager at a Pinedale snowmobile dealership, said Monday.

“In many ways, it’s a haze of prosperity: Gas drilling is going strong again, and as a result, so is the Cowboy State’s economy. Wyoming enjoys one of the nation’s lowest unemployment rates, 6.4 percent. And while many other states are running up monumental deficits, lawmakers are projecting a budget surplus of more than $1 billion over the coming year in this state of a half-million people.

“Still, in the Upper Green River Basin, where at least one daycare center called off outdoor recess and state officials have urged the elderly to avoid strenuous outdoor activity, some wonder if they’ve made a bargain with the devil. Two days last week, ozone levels in the gas-rich basin rose above the highest levels recorded in the biggest U.S. cities last year.

“They’re trading off health for profit. It’s outrageous. We’re not a Third World country,” said Elaine Crumpley, a retired science teacher who lives just outside Pinedale.”

In Pennsylvania, it’s see-no-evil, full fracking speed ahead

If  Pennsylvania’s new Republican Governor Tom Corbett has made any ‘bargains,’ the devil must have come away smiling. For, although the state faces enormous budget problems, Corbett has no plans to offset any of his state’s revenue shortfall with a tax on gas extraction. Instead he’s proposing deep cuts to education and other programs.

But it gets curiouser still. ProPublica, the investigative news organization that focused on fracking’s risks long before most of the mainstream media, reported last week that Corbett “wants to hand authority over some of the state’s most critical environmental decisions to C. Alan Walker, a Pennsylvania energy executive with his own track record of running up against the state’s environmental regulations.” 

“Walker, who has contributed $184,000 to Corbett’s campaign efforts since 2004, is CEO and owner of Bradford Energy Company and Bradford Coal, which was once among Pennsylvania’s largest coal mining companies. He also owns or has an interest in 12 other companies, including a trucking business and a central Pennsylvania oil and gas company.

“Walker was Corbett’s first appointee — he chose him to lead the Department of Community and Economic Development in December, before taking office.

Now, as Corbett stakes much of the state’s economy on Marcellus Shale gas drilling, a paragraph tucked into the 1,184-page budget gives Walker unprecedented authority to “expedite any permit or action pending in any agency where the creation of jobs may be impacted.”

That includes, presumably, coal, oil, gas and trucking.

And yesterday, the Pittsburgh Post-Gazette took at look at Governor Corbett’s newly appointed Marcellus Shale Advisory Commission and concluded that it is “stacked with energy executives and campaign contributors — including one with a history of environmental violations.”

Image problem?  What image problem?

Radioactive water, flaming tap water, prairie smog worse than an L.A. morning. The industry’s track record is turning into an icy turnpike pileup, but few of  the people who have the power to force changes seem to care.

To his credit, New York’s former governor David Paterson imposed a temporary moratorium on fracking. Tom Corbett, in contrast, and most of the members of PA’s General Assembly, appear reluctant to take any action that could be viewed as an imposition on gas drillers. Corbett’s latest appointments, in fact, may signal a true laissez-faire approach to industry oversight.

Even in New Jersey, where the environmental committees did a lot of saber-rattling last week, the one bill that could have had a significant impact on the gas industry got yanked from the Senate committee’s agenda.

That measure would have required New Jersey’s representative to the Delaware Regional Basin Commission (DRBC) to oppose the multi-state agency’s proposed natural gas regulations. (See: Second NJ committee backs anti-fracking legislation)

The DRBC rules impose some restrictions on fracking but, once adopted, would allow the drilling to go forward, despite pleas from environmental critics who want to agency to wait until an extensive EPA study is completed.

Let’s err on the side of safety, the critics urge.  ‘Let them eat smog’ seems to be the reply.

Related:
Wyoming plagued by big-city problem: smog
PA Governor Gives Energy Executive Supreme Authority Over Environmental Permitting


Our most recent blog posts:
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In PA, legislation to referee between coal and gas mining


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Second NJ committee backs anti-fracking legislation


On Monday, the Assembly committee that handles environmental legislation in New Jersey released a bill that would impose a moratorium on the use of  hydrofracturing (fracking) to extract natural gas in New Jersey. Yesterday, the Senate’s environmental committee upped the ante by releasing a bill that imposes an outright ban on fracking.

But the committee scratched a scheduled bill that would have forced New Jersey’s representative on the Delaware River Basin Commission to oppose that multi-state agency’s proposed rules that allow for the use of the hydrofracturing drilling technique.    

At the beginning of yesterday’s meeting of the Senate Energy and Environment Committee, chairman Bob Smith announced that the committee would not be taking up Senator Robert Gordon’s DRBC bill,S-2575.
Smith said that Gordon had decided to reintroduce the bill as a Senate Resolution that would express the intent of the Senate to all members of the DRBC.  That might sound impressive, but resolutions have little or no significance in the legislative arena.

In pulling his original bill, Gordon will avoid a fight with Republican members of the Legislature who would oppose putting GOP Governor Chris Christie in the position of either vetoing the bill or clashing with Pennsylvania’s Republican governor Tom Corbett who wants no curbs on natural gas drilling in his state. (See: NJ environmental committee backs anti-fracking bills)
Instead, the committee took up Gordon’s S-2576, that bans the use of hydrofracturing in New Jersey. The bill has no practical effect in the state which does not overlie the natural-gas-rich Marcellus Shale, If adopted, however, it would send a strong signal of concern about the drilling technique–one that is facing growing criticism regionally and in Congress.   

The gas Industry (NJ Petroleum Council) and natural gas end users (Chemistry Council of New Jersey) opposed Gordon’s fracking ban bill, as they had opposed the fracking moratorium bill A-3653 on Monday in the Assembly Environment and Solid Waste Committee.

There was plenty of testimony in favor of the measure from individuals and environmental organizations, including the NJ Audubon Society, the Sierra Club, Food and Water Watch, Delaware Riverkeeper Network NJ Conservation Foundation, NJ Environmental Lobby and Environment New Jersey.
You can listen to all the testimony here. 

Our most recent blog posts:
NJ environmental committee backs anti-fracking bills

When is a ‘final’ environmental ruling final in NJ? 

Some NJ lawmakers mounting an anti-frack attack

The latest environmental events for NJ, PA, NY & DE

In PA, legislation to referee between coal and gas mining


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Ired by lack of shale tax, enviros storm Pa lobbying firm

Environmentalists and labor union members, outraged by the lack of a shale gas tax in PA Governor Tom Corbett’s proposed budget, yesterday stormed the Harrisburg offices of former Governor Tom Ridge, where the gas industry’s Marcellus Shale Coalition maintains its operations.

Here’s how the Pittsburgh Post-Gazette‘s Tracie Mauriello saw it:

“Clutching protest signs and chanting slogans, the activists marched into the Ridge Policy Group offices, a block from the Capitol. Pouring through the door, they began taking over rooms and stairwells, demanding that someone from the lobbying firm speak to them.

“Upstairs floorboards creaked and groaned under feet that stomped in rhythm to a cacophony of chants, some emitted over bullhorns.

“The scene epitomized the polarizing effect of the $27.3 billion spending plan that Mr. Corbett unveiled Tuesday to the outrage of environmentalists, state workers, educators and college students.”

Mauriello said that the protesters message was that it is unconscionable for current Gov. Tom Corbett to slash education funding and lay off state workers when energy companies aren’t paying taxes on the natural gas they extract.

In doing so, the governor stuck to his campaign pledge to not raise a single tax – including no new levy or fee on natural gas extraction. At the same time, he called for layoffs, wage freezes, and some of the deepest cuts in memory for public schools and colleges. That prompted Democrats and some interest groups to accuse him of balancing the budget on the backs of students and the middle class.
 
“We’ll be back,” the activists warned as the group finally left about 15 minutes later with chants of “No Free Pass for Oil and Gas.” They left a mock invoice for the millions in taxes they say could have been collected from an extraction tax.
The Philadelphia Inquirer‘s Angela Couloumbis notes:

“Despite the noise, Corbett will still have the wind of politics at his back – both legislative chambers are controlled by members of his own party. That bodes well for the new governor as he seeks to implement his agenda.

“Still, some top Republicans in the Senate have signaled that there will be, at the very least, a debate as they negotiate the budget on whether and how much to tax natural gas extraction.”

Related:

Lack of tax on gas decried; Protesters storm Marcellus Shale lobbying firm
Budget-cut protesters occupy Tom Ridge’s offices

Our most recent blog posts:
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NJ environmental & energy bills in committee today


Environmental legislation involving brownfields, solar energy, natural gas drilling, flame-retardant chemicals, public land sales and state rule-making will be considered today (3/10/11) in two New Jersey Senate committees.  Here’s the lineup:

SENATE ENVIRONMENT AND ENERGY

10:00 AM 
R
oom 10, 3rd Floor, State House Annex, Trenton, NJ
A-3167  (Coughlin)/S-2278 (Vitale)
Authorizes zero-interest loans to local governments for certain brownfield remediations.

S-2371  Smith, B. (D-17)
Requires that contracts by non-utility load serving entities to purchase solar renewable energy certificate shall extend for a term of 15 years or longer.
    
S-2467  Smith, B. (D-17); Cardinale, G. (R-39)
Concerns calculation of value for conveyance of certain State-owned lands.
     
S-2575  Gordon, R.M. (D-38)
Prohibits NJ member of Delaware River Basin Commission from supporting use of drilling technique of hydraulic fracturing.
S-2576  Gordon, R.M. (D-38); Greenstein, L.R. (D-14)
Prohibits drilling technique of hydraulic fracturing.      
S-2722  Smith, B. (D-17); Bateman, C. (R-16)
Limits sale and manufacture of flame retardant chemical decabromodiphenyl ether.     
 

________________________________________________________________________

SENATE STATE GOVERNMENT, WAGERING, TOURISM & HISTORIC PRESERVATION

1 PM – Committee Room 7, 2nd Floor, State House Annex, Trenton, 


A-2464  (Burzichelli)/S-1783  (Oroho)
Requires all State agency rules be published in NJ Register, and prohibits use of regulatory guidance documents except under certain circumstances.

A-2722  (Burzichelli) / S-2666  (Oroho) ,
Modifies process for contested case hearings by the Office of Administrative Law with regard to telephone and video conferences, delegation of final decision authority, oral decisions, checklist decisions, electronic filings, and settlements.


S-343  Oroho, S.V. (R-24); Sweeney, S.M. (D-3)
Revises “Administrative Procedure Act” concerning socio-economic impact statements for proposed rule-making.


Our most recent blog posts:
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The latest environmental events for NJ, PA, NY & DE

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Time running out on ‘Time of Decision’ rule in NJ

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NJ environmental committee backs anti-fracking bills


Three bills seeking to sideline the use of hydrofracturing to extract natural gas from shale formations were released for a floor vote on Monday, March 7, by an Assembly committee
of the New Jersey Legislature.

Over the abstentions of two Republicans, Democrats on the Environment and Solid Waste Committee voted their support for :

A-3653  Wagner, C. (D-38); Gusciora, R. (D-15); Vainieri Huttle, V. (D-37)
Establishes moratorium on hydraulic fracturing for purpose of natural gas exploration or production until certain conditions are met.  Related Bill: S-2582
   
AJR-67  Wagner, C. (D-38); Gusciora, R. (D-15); Vainieri Huttle, V. (D-37)
Urges Delaware, New York, and Pennsylvania to enact moratorium against hydraulic fracturing until EPA concludes its study and issues its findings on that drilling practice.  Related Bill: SJR-59

AR-112 Urges Congress and President to enact legislation similar to H.R.2766, known as “Fracturing Responsibility and Awareness of Chemicals Act of 2009,” and S.1215, known as “Fracturing Responsibility and Awareness of Chemicals (FRAC) Act.” 

NJ Spotlight‘s environmental writer Tom Johnson provides a good account of the meeting in
Assembly Committee Seeks to Stop Hydraulic Fracturing Before It Can Start

If you have the time (it’s long), you can listen to the entire Assembly committee hearing here.

The hydrofracturing debate flips over to the Senate side of the Legislature tomorrow, Mar. 10,
as the Senate Environment and Energy Committee takes up two bills on the subject.


The headliner is Senator Robert Gordon’s S-2575, which would prohibit New Jersey’s voting member on the regional Delaware River Basin Commission (DRBC) from supporting the use of  hydraulic fracturing.

This is an important bill since Governor Christie is New Jersey’s member on the Commission which is in the process of developing new regulations which permit the use of hydrofracturing, with limitations, in gas-drilling operations located in regions of Pennsylvania, New Jersey and New York that fall within the Delaware River’s watershed.

If the legislation passes both houses, Christie would be forced either to veto the bill, alienating a growing segment of the public which is concerned about hydrofracturing’s perceived environmental and health risks, or vote against the DRBC’s proposed regulations. The latter would alienate the gas industry and property owners interested in cashing in on drilling liens.  

You can listed to the committee’s hearing on Thursday, via the Legislature’s website.


 
   

The second bill, S-2576, also sponsored by Gordon, would prohibit the use of hydraulic fracturing for gas exploration or production in New Jersey.

Our most recent blog posts:

When is a ‘final’ environmental ruling final in NJ? 

Some NJ lawmakers mounting an anti-frack attack

The latest environmental events for NJ, PA, NY & DE

In PA, legislation to referee between coal and gas mining

Time running out on ‘Time of Decision’ rule in NJ

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When is a ‘final’ environmental ruling final in NJ?

New Jersey Assemblyman John Burzichelli says that his bill, A-2722, would “put an end to the confusing and anti-business practice of allowing appointed state officials to overturn the decisions of administrative law judges.”

In an Op-Ed  published on March 6 in the Gloucester County Times, Burzichelli argues his case, using the example of a builder in Hunterdon County who ran afoul of the state Department of Environmental Protection (DEP) when he worked to restore a historic mill and farmstead.

Here’s how the Assemblyman describes the case:

“The builder was aware that a prior potential buyer had been denied a permit for an above-grade septic system. Therefore, before beginning construction, he obtained a DEP determination that a permit wouldn’t be needed for the septic system, provided that the disposal field was constructed at grade level.

“In May 2004, the DEP filed violation notices against the builder, including an allegation that the septic field was built approximately 9 inches above grade, though that was disputed by the builder. The dispute ended up before an administrative law judge, but with that appeal still pending, the DEP kept filing violations that eventually carried $175,000 in penalties.

“In May 2010, the judge, saying that someone had to exercise “common sense,” issued a decision dismissing one $100,000 penalty and reducing another from $75,000 to $50,000.

“Yet, in December, the same DEP issued a 62-page decision rejecting the judge’s decision and restoring $166,000 of the $175,000 in penalties.”

Burzichelli says that allowing the head of the affected state agency to “step right back in and overturn the judge’s decision” is un-American as it “lacks the checks and balances the Founding Fathers based our system of government upon..” He also says it “does nothing more than burden businesses trying to create jobs.”

Under Burzichelli’s legislation, the administrative law judge’s decision would have been final. His bill  cleared the Assembly 77-0 on February 17 and now awaits action in a Senate committee.

The legislation –and the issue it addresses–have stirred up some strong opinions– from both the business and environmental communities. We’d like to know what you think. 

Read the Assemblyman’s arguments here, and his legislation, A-2722. (click on the bill number to see a full copy).Then give us your thoughts in the comment box below. If you don’t see a comment box, click on the tiny ‘comment’ line to activate it..

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EPA extends reporting deadline for 2010 GHG emissions
 


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