George Jugovic, Jr. Chief Counsel, PennFuture

 Air Quality  Shallow Groundwater  Special Protection Watersheds  Public Lands  Transparency  Data Collection

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 In 2012 equivalent of 1 billion gas burned and GHG emissions of putting 1 million cars on the road

NOx Emissions  1 hour NAAQS 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

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

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

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

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

 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

 60% forested  Pennsylvania state forests one of largest in east 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

 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

 Forest fragmentation  Erosion and sedimentation  Loss of habitat

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

 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

 Anadarko submitted development plan in March 2012  Still has not been released to public for 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

 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

 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

 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