Frequently Asked Questions from the Marcellus Shale Talk Back Session:
1. Q: What is the permitting process for Marcellus Shale drilling?
A: Sections 5, 6, and 7 of the "Governor's Marcellus Shale Advisory Commission Report" provides detailed information about the permitting process, regulatory framework, and recent changes to state regulations and permitting. The report can be access here: http://files.dep.state.pa.us/PublicParticipation/MarcellusShaleAdvisoryCommission/MarcellusShaleAdvisoryPortalFiles/MSAC_Final_Report.pdf
 
2. Q: How much revenue has the state generated from Marcellus Shale based on current taxes?
A: A recent study by the Department of Revenue estimates that since 2006, the industry has paid $1.1 billion in taxes. Further information about tax revenue that has been generated by Marcellus Shale activity can be found on page 85 of the "Governor's Marcellus Shale Advisory Commission Report."

3. Is 2BE used during fracking?

Yes, Glycol Ethers (includes 2BE) is on the list above.

 

 

A full list of fracking chemicals is available at:
http://www.dep.state.pa.us/dep/deputate/minres/oilgas/new_forms/marcellus/Reports/Frac list 6-30-2010.pdf

4. Are radioactive elements being exposed to our drinking water?

No.  In November and December 2010, DEP tested the river water downstream from the wastewater treatment plants that were treating wastewater produced from the hydraulic fracturing of Marcellus Shale.  DEP’s sample results showed levels at or below the normal naturally occurring background levels of radioactivity (NORM).  The practice of treating wastewater produced from the hydraulic fracturing of Marcellus Shale at wastewater treatment plants has since ceased.  The links to the relevant press releases are below:
http://www.pioga.org/news/dep-water-tests-show-no-increased-radioactivity-from-natural-gas-drilling/
http://www.portal.state.pa.us/portal/server.pt/community/newsroom/14287?id=17071&typeid=1

5. Who enforces state and federal regulations? How frequently do enforcement agencies visit drilling sites?

In regard to gas drilling activities, an actual number for the frequency of visits to a drilling site by enforcement agencies is hard to ascertain unless an intra-agency survey were to be conducted, but it is fair to say they are inspected quite frequently in one aspect or another.  Numerous federal and state agencies inspect oil and gas facilities at various frequencies with the Pennsylvania Department of Environmental Protection taking the lead in the Commonwealth.  A list of federal and state agencies that regulate the oil and gas industry and their primary functions are listed below:

United States Environmental Protection Agency (US EPA) enforces federal laws protecting the environment.  A lot of its authority is delegated to the states provided the states meet or exceed their standards of enforcement.

The United States Department of Labor, Occupational Safety and Health Administration (OSHA) enforces workers and workplace safety laws at oil and gas facilities.

The Federal Energy Regulatory Commission (FERC) regulates the transmission and sale of natural gas for resale in interstate commerce.  FERC regulates the transportation of oil by pipeline in interstate commerce.  FERC approves the sitting and abandonment of interstate natural gas pipelines and storage facilities.  FERC ensures the safe operation and reliability of proposed and operating liquid natural gas (LNG) terminals.  FERC also oversees environmental matters related to natural gas projects and other matters under their jurisdiction.

The Susquehanna River Basin Commission (SRBC) is federal-interstate compact commission that regulates water withdrawals and consumptive use within the Susquehanna River basin.  SRBC oversees the allocation of water resources among its member states (Pennsylvania, New York, and Maryland).  In addition to water allocations, SRBC oversees the restoration and preservation of fisheries and wetlands, protection of future water supplies (including availability of flows into the Chesapeake Bay), and protection of water quality.  The SRBC permits and regulates water withdrawal stations used for gathering freshwater to use for Marcellus Shale hydraulic fracturing.  The Delaware River Basin Commission (DRBC) is federal-interstate compact commission with a similar mission that regulates water withdrawals and consumptive use within the Delaware River basin.  The DRBC currently has a moratorium imposed on gas drilling activities in their water shed.

The Army Corps of Engineers are involved with the permitting of activities in waterways and wetlands that fall under its jurisdiction.

The Pennsylvania Department of Environmental Protection (PA DEP) enforces state laws protecting the environment.  PA DEP permits and regulates all activities that may have an environmental impact at all oil and gas facilities including gas gathering pipelines up until the gas reaches an interstate transmission pipeline which is under the federal jurisdiction of FERC.  In many areas PA DEP has primacy over the federal government agencies when it involves oil and gas drilling activities.

The Pennsylvania Department of Conservation and Natural Resources (PA DCNR) regulates oil and gas drilling activities that occur in Pennsylvania State Parks.

The Pennsylvania Fish and Boat Commission may get involved with an oil and gas industry issue if a water body and/or aquatic life is threatened.

The Pennsylvania Department of Agriculture may inspect any facility that stores chemicals that are a federal or state registered pesticide, to ensure their proper use according to the pesticide label.  This includes oil and gas sites.

The Pennsylvania Department of Transportation (Penn DOT) determines which state roads and bridges may be used by the oil and gas industry for transporting heavy machinery and requires bonds to ensure that they are repaired if they should be damaged.  PennDOT also requires highway occupancy permits to ensure oil and gas sites' access roads are placed in a location that are safe for drivers using that state road.

The Pennsylvania State Police and Department of Motor Vehicles, in conjunction with the PA DEP, inspect the trucks hauling the wastes associated with oil and gas sites to ensure the vehicles are safe to be on the road and that all necessary paperwork, spill cleanup kits and safety equipment are in the vehicles.

The County Conservation District Offices review and issues Erosion and Sedimentation Control Permits for interstate gas transmission pipelines and their associated apparatuses.  The County Conservation District Offices also inspects the transmission pipelines for erosion and sedimentation control issues.

Local governments may require construction permits, floodplain permits, zoning requirements and may also enforce some local ordinances.

6. Is there enough budgeting for PA DEP Oil & Gas staff? Are there enough inspectors?

The Office of Oil and Gas derives its funding from drilling permit fees and civil penalties and not from the general budget.  As drilling activities increase, the Office of Oil and Gas’ budget will increase as a result of more drilling permits fees.  Three years ago, the PA DEP created a new Oil and Gas Region headquartered in Williamsport, which also has district offices in Moshannon, Mansfield and Scranton.  Also at that time, a concerted effort was made to double the staffing of Oil and Gas Bureau personnel throughout the Commonwealth.  Additional water quality specialists, oil and gas inspectors, solid waste specialists, biologists, geologists and engineers were added to all three DEP Oil and Gas regions.  As gas drilling activities increase, additional staffing will be added to address the increase activities.

7. What is a MSDS sheet?


A Material Safety Data Sheet (MSDS) is a form with data regarding the health effects, physical properties and chemical properties of a particular substance.  It is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as melting point, boiling point, flash point, toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.  MSDSs are required to be on all work locations, including gas well sites, where the respective chemicals are stored or used.  All employees that use or may be exposed to such chemicals must be allowed access to the MSDSs under the Right to Know Law.  MSDSs are crucial when an unauthorized release of a chemical or exposure to it has occurred, because they provide first responders with all the pertinent information they need to know about the chemical.

If you have any additional questions, please contact my district office or send an email to the Office of Oil and Gas at DEP at ra-epoilandgas@pa.gov.