By Melissa Ostroff & Charlie Palladino, EarthWorks

With the incoming Trump administration planning rollbacks on climate progress, political leadership in heavy oil and gas-producing states like Pennsylvania must step up now more than ever.

As Attorney General, Governor Shapiro stood up for families living on the frontlines of fracking with his 2020 grand jury report recommending measures to protect the public health of residents, including increased setback distances.

As governor, Shapiro has addressed some critical pollution concerns, including prioritizing plugging orphan and abandoned oil and gas wells using federal funding and spearheading an apprenticeship program with United Mine Workers of America to train unionized labor to plug wells.

However, Shapiro also forged a partnership with a criminally charged fracking company, CNX, lending credibility to the company’s false claims that fracking does not harm public health despite hundreds of peer-reviewed studies to the contrary.

In 2025, we need Governor Shapiro and Pennsylvania legislators to further lead on climate and public health.

Leaning on the federal government and federal funding is no longer a viable option.

Instead, the Shapiro administration and legislative champions must be willing to take proactive steps to safeguard Pennsylvanians’ public health and climate as leaders in their own right.

They can do so by--

Expanding No-Drill Zones

Earthworks has spent the last decade proving that oil and gas operations pollute nearby homes and entire communities.

In fall 2024, Earthworks joined several other groups as part of the Protective Buffers PA Coalition to file a petition before Pennsylvania’s Environmental Quality Board (EQB) requesting the state’s Department of Environmental Protection (DEP) increase setback distances between fracking wells and homes, schools, hospitals, drinking wells, and surface waters.  [Read more here]

Requiring polluters to operate at a distance less harmful to people’s health, especially children, is a common sense approach that follows the science and the governor’s grand jury report.

A state rulemaking would also build upon growing public support for such measures, including recent local expansions of setback distances in Cecil Township, Washington County.  [Read more here]

Developing a Strong Methane State Plan

The Shapiro administration can lead the way in reducing methane pollution from active oil and gas facilities by developing a strong state plan for the EPA methane rule finalized in December 2023. 

The EPA rule requires monitoring for leaks from wells regardless of size, using zero-emission process controller devices, eliminating routine flaring at large wells, and creating a Super Emitter Program.

However, Pennsylvania needs a strong state plan to ensure these pollution prevention, inspection, and repair advances become a reality.

A strong state plan would safeguard significant advances laid out by the EPA in 2023 and tailor the plan to Pennsylvania’s specific needs. Earthworks encourages the DEP to--

-- Require quarterly instrument-based leak monitoring at all well sites that are not considered complex;

-- Include separators – which separate gaseous and liquid components of oil and gas well streams – in the definition of complex well sites and hold them to monthly instrument-based inspections;

-- Ensure quick repair timelines for detected leaks to reduce immediate harm to public health, safety, and the environment; 

-- Supplement EPA’s Super Emitter Program by creating a process for DEP to use new satellite data to reduce methane pollution, as well as to  connect impacted residents with necessary methane monitoring and health resources and expertise to protect public health better;

-- Create protective standards against flaring of associated gas for wells of all sizes that require thorough proof that other options are infeasible before flaring is allowed;

-- Submit the SIP proposal as soon as possible, before the 2-year deadline of March 8, 2026.

A strong Pennsylvania state methane plan can realize and surpass the health and environmental benefits of the EPA methane rule, demonstrating strong Pennsylvania climate and public health leadership.  [Read more here]

Increasing Bonding Amounts for Oil and Gas Wells

Every year, oil and gas wells are improperly abandoned across Pennsylvania, venting hazardous pollution into surrounding communities, heating our planet with methane, and leaving taxpayers to foot the bill for cleanup.

While Earthworks supports using federal funding to plug orphan wells in Pennsylvania in cases where no responsible party can be identified, more can be done to stop the abandonment of wells and accompanying pollution.

In fall 2021, Earthworks joined several other organizations to file petitions before the EQB requesting that bonding amounts for unconventional and conventional wells be increased through a DEP rulemaking to reflect the true cost of well plugging.

Over three years later, we are still waiting for EQB to release a report in response to our petition on unconventional well bonding.  [Read more here]

On the conventional side of the industry, Earthworks is involved in active litigation.

It has been long since the Shapiro administration’s EQB prioritized this issue and built on its successes by well-plugging across the Commonwealth.

Without federal leadership on orphan and abandoned wells, Pennsylvania must take steps to address this issue at its root, starting where the nation’s first commercial oil well was drilled.

Banning the  Dumping of Toxic Oil and Gas Waste on PA Roads

The oil and gas industry refers to dumping oil and gas wastewater to tamp dust on unpaved roads as “road spreading.”

 It is a scientifically unsound, ineffective practice that poses significant, documented environmental and public health risks.

Oil and gas waste contains varying amounts of heavy metals, radioactive materials, and other pollutants, some of which are carcinogenic and threaten human health and the environment.

In 2018, the PA Department of Environmental Protection (DEP) agreed to pause permitting the practice, but the agency stopped short of issuing a formal ban.

As a result, the dumping continued. Between 2018 and 2021, operators self-reported dumping 3,259,405 gallons of wastewater on Pennsylvania roadways.

A 2022 report commissioned by DEP found the wastewater is only about as effective as rainwater as a dust suppressant and can even destabilize roads, leading to more dust than an untreated road.

The report also found that runoff from roads treated with wastewater contained radium, a known carcinogen.

The report’s co-author ultimately concluded, “While we must be willing to accept the tradeoffs between the benefits of dust suppression and the drawback of the environmental impacts, this research has found that oil and gas wastewaters only provide drawbacks.”

Pennsylvania needs to do more to prevent the dumping of this waste on roads across the Commonwealth.

The permitting moratorium has proven insufficient to deter some waste producers from continuing the harmful practice.

Earthworks looks forward to working with community members, legislators, and the administration to ban road spreading for good in the new year.  [Read more here]

Closing the Leachate Loophole

Leachate is a liquid formed when rainwater filters through wastes disposed of in a landfill. The liquid leaches or draws out chemicals or other constituents from those wastes.

Pennsylvania has over a dozen wastewater treatment facilities that process leachate from landfills that accept oil and gas waste.

However, wastewater treatment plants where landfill leachate is sent for disposal do not generally monitor for known cancer-causing substances like Radium-226 and Radium-228 and other dangerous contaminants found in oil and gas waste before release into rivers and streams.

Unsurprisingly, a 2023 study found higher levels of radioactive materials downstream from wastewater treatment plants that processed leachate from landfills that accepted oil and gas waste.

The Shapiro administration should require anyone who stores, processes, or disposes of residual waste to test leachate before discharge into waterways, ensuring treatment facilities are not polluting the freshwater resources Pennsylvanians depend on.

The prospect of an incoming Trump administration is daunting, to say the least, but states like Pennsylvania are well-situated to fight back.

A lot can be done at the state level to protect people and their environment. It just takes political will.

At Earthworks, we are excited to work with Pennsylvania’s leadership to capitalize on those opportunities to improve the lives and health of communities.

Melissa Ostroff is a Pennsylvania Policy and Field Associate for EarthWorks, and Charlie Palladino is an Oil and Gas Waste Policy Advocate for EarthWorks.

(Reprinted from the EarthWorks Blog.)

PA Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - Dec. 14 to 20 -- Shale Gas Wells Abandoned For 42 Months; Failure To Cleanup Conventional Well Spill For 19 Months; Gas Pipeline Land Slump  [PaEN]

-- What The Shale Gas Industry Is Leaving Behind:  DEP: Diversified Production LLC Failed To Plug 2 Abandoned Shale Gas Wells For 42 Months + At Least 9 Other Shale Gas Wells Abandoned  [PaEN]

-- DEP: Apollo Resources, LLC Failed To Comply With Order To Cleanup Conventional Oil Well Wastewater Spill 19 Months After It Was Discovered In Fayette County  [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - December 21 [PaEN] 

-- DEP Posted 63 Pages Of Permit-Related Notices In December 21 PA Bulletin  [PaEN] 

Related Articles:

-- Save The Date: Feb. 27 - Shale Gas And Public Health Conference, Duquesne University  [PaEN] 

-- EarthWorks Blog: Common Sense Needed In The Commonwealth - How To Protect Pennsylvanians From The Environmental, Health Impacts Of The Oil & Gas Industry - By Melissa Ostroff & Charlie Palladino, EarthWorks  [PaEN]

-- PUBLIC NOTICE: Proposed Oil & Gas Well Plugging Settlement With Diversified Energy, EQT May Affect Pennsylvania Surface Landowner Rights; Apply To Have A Well Plugged  [PaEN]

-- DEP To Review Shell Petrochemical Plant Title V Air Quality Permit Under Environmental Justice Policy Enhanced Public Participation Process  [PaEN]

-- DEP: Revised Application, Instructions Available For Coal-Mine Methane Enclosed Flares Air Quality General Permit  [PaEN]

-- PUC Chairman Stephen M. DeFrank Appointed Chair Of National Assn. Of Regulatory Utility Commissioners Committee On Natural Gas  [PaEN]

-- North American Electric Reliability Corp: AI Poses Threat To North American Electricity Grid  [PaEN]

-- US DOE Releases LNG Gas Export Study: Facilities Already Approved Will Meet Global Demand For Decades; Unfettered Exports Would Increase Domestic Natural Gas Prices; Electricity Prices; Costs To Manufacturers  [PaEN]

NewsClips:

-- TribLive: Additional Hearing Required For Proposed Oil & Gas Wastewater Injection Well In Plum Borough, Allegheny County That Doesn’t Meet Setbacks

-- Post-Gazette - Anya Litvak, et al: Expanding Natural Gas Exports Will Increase Prices, Pollution, Report Says

-- Marcellus Shale Gas Coalition Calls For Immediate Lift Of LNG Export Facility Permit Review Ban  [EQT, PA Shale Gas Says We Have A ‘Duty’ To Sell More Gas To China Our Economic, Military Competitor]

-- Marcellus Drilling News: Energy & Business Groups Respond To US DOE LNG Gas Export Study  [PDF of Article]

-- Reuters: Demand For US LNG Gas Exports Head For First Decline In 8 Years; Europe Bracing For New Price Shock As Weather Depletes Storage

-- Bloomberg: Natural Gas Markets Brace For ‘Volatility’ With Expiration Of Gas Transit Deal Between Russia And Ukraine Jan. 1

-- Bloomberg: Republican Administration Threatens Tariffs If EU Doesn’t Buy More US Oil, Natural Gas

-- Bloomberg: Oil/Gas Sector Lobbies Republican Administration To Spare It From Tariffs, Regulation

-- Post-Gazette: PA Lawmakers Talk Of Requiring Natural Gas Detectors In Buildings After Explosion That Killed 7 In Reading

-- TribLive: Residents Of Mt. Peasant Personal Care Homes Start Returning Hours After Natural Gas Leak In Westmoreland

-- The Derrick - Makayla Keating: Aqua PA Cites Existing Problems At Rhodes Utilities Water Companies  [PDF of Article]  [Water Companies Related To Venango County Conventional Well Spill Incident]  

-- The Guardian: DOE Warns ‘Unfettered’ Natural Gas Expansion Would Drive Up Domestic Costs

-- Utility Dive: US LNG Gas Exports Raise Electricity Bills, Gas Prices And Emissions, DOE Report Concludes

-- Financial Times: LNG Gas Export Boost Would Increase Prices, Hurt Climate, US Study Says

-- Reuters: US DOE Releases LNG Gas Export Facility Study Urging Caution On New Permits

-- Bloomberg: Biden’s LNG Gas Export Study Presents ‘Speed Bump’ For New Republican Administration

-- S&P Global: Major New US Industry At A Crossroads - A US LNG Impact Study - Phase I

-- Reuters: US Keeps LNG Gas Exports Crown Even With Facility Outages, Delays In Projects Under Construction, Slowing Demand 

[Posted: December 20, 2024]

12/23/2024