Marcellus Shale: A Citizens View Citizens Marcellus Shale Commission October 2011 Sponsoring Organizations: Clean Water Action Clean Water Action is a one million member organization of diverse people and groups joined together to protect our environment, health, economic well-being and community quality of life. Our goals include clean, safe and affordable water; prevention of health threatening pollution; creation of environmentally safe jobs and businesses; and empowerment of people to make democracy work. Clean Water Action organizes strong grassroots groups and coalitions and campaigns to elect environmental candidates and solve environmental and community problems. http://www.cleanwateraction.org/ CLEAR Coalition The CLEAR Coalition is a broad-based coalition of labor organizations representing more than 1.1 million hard working Pennsylvanians. CLEAR advocates for a balanced approach to the state budget, one that makes sound public investments, provides essential services to Pennsylvanians, and includes sustainable and accountable revenue for critical government infrastructure. http://clearforpa.org/ Housing Alliance of Pennsylvania The Housing Alliance is a statewide coalition working to provide leadership and a common voice for policies, practices, and resources to ensure that all Pennsylvanians, especially those with low incomes, have access to safe, decent and affordable homes. We promote common-sense solutions to balance Pennsylvania’s housing market and increase the supply of safe, decent homes for low- income people. www.housingalliancepa.org Keystone Progress Keystone Progress is a multi-issue progressive advocacy organization that combines cutting edge online organizing and communications with rapid and hard-hitting earned media strategies. Year round, Keystone Progress will work to engage citizens from across the state around issues of immediate state or local concern. Our mission is to provide a strong, credible voice in advancing progressive solutions to critical community problems. But we don’t do that on our own – we work as a communications team for the entire progressive community. http://keystoneprogress.org/ League of Women Voters The League of Women Voters, a nonpartisan political organization, encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. http://palwv.org/ PennEnvironment PennEnvironment is a statewide, citizen-based environmental advocacy organization. Our professional staff combines independent research, practical ideas and tough-minded advocacy to overcome the opposition of powerful special interests and win real results for Pennsylvania’s environment. PennEnvironment draws on 30 years of success in tackling our state’s top environmental problems. http://www.pennenvironment.org/ Pennsylvania Budget and Policy Center The Pennsylvania Budget and Policy Center is a non-partisan policy research project that provides independent, credible analysis on state tax, budget and related policy matters, with attention to the impact of current or proposed policies on working families. www.pennbpc.org Sierra Club Pennsylvania Chapter The Sierra Club promotes conservation by influencing public policy through grassroots activism, public education, lobbying, and litigation. We work to defend the environment at all levels of government including U.S. Congress, state legislatures, and state and federal courts. http://pennsylvania.sierraclub.org/ Report Prepared by the Pennsylvania Budget and Policy Center Editor: Sharon Ward Copy Editor: Diane McCormick Designer: Stephanie Frank Photos: John Stolz PBPC would like to thank the following individuals for their assistance with this project Steve Hvodzovich, Myron Arnowitt : Clean Water Action Rebecca McNichol: CLEAR Coalition Michael Morrill, Jami Mondics: Keystone Progress Jeff Schmidt: Sierra Club Erika Staaf: PennEnvironment Stephen Herzenberg: Keystone Research Center Christopher Lilienthal, Michael Wood: Pennsylvania Budget and Policy Center We wish to thank the Colcom Foundation for their support for this project. Table of Contents Introduction 3 Summary of Citizen Comment 3 Recommendations 6 General Recommendations 6 Specific Recommendations 6 Allegheny County Hearing 12 Philadelphia Hearing 15 Williamsport Hearing 18 Wysox Hearing 21 Harrisburg Hearing 24 Issue Exploration Frackwater Disposal 30 Air Pollution 34 Marcellus Shale & Our Public Lands 37 Regulations Governing Natural Gas Drilling in Pennsylvania 41 Property Rights, Pooling, & Eminent Domain 46 Aquifer Contamination 48 Water Withdrawal 51 Create Revenue Sources from Gas Extraction 54 Health Issues 56 Job Creation & Employment 58 Pipeline & Compressor Stations 61 Quality of Life 63 Commissioner Biographies 65 1 2 Introduction Pennsylvania has been the site of fossil fuel extraction for invited citizens to share their experiences and opinions – over a century and a half. Its rich oil fields, coal veins, and positive and negative -- about natural gas drilling. Each gas wells have created great wealth for some of our citizens hearing included one hour of invited testimony from and communities, but often, that wealth has been fleeting Pennsylvania and national experts, and two or more hours and come at untold expense. Once-thriving communities of citizen testimony. More than 400 people from 48 counties declined as mines closed and jobs disappeared. What attended the hearings. The Commission also received 100 remains is longer lasting – a legacy of damage to streams, comments on its website. water supplies and wildlife habitats, reduced incomes, and impoverished communities. Hearings were held in: • McDonald Township, Allegheny County: South Fayette The blessing of natural resources has brought boom times Middle School, August 31, 2011 again – this time, it is the Marcellus Shale. Once again, • Philadelphia: Free Library of Philadelphia, September 6, Pennsylvania is managing a veritable gold rush. For some 2011 it could not come soon enough. For others, the legacy of • Williamsport, Lycoming County: Lycoming College, Pennsylvania’s coal economy is an ever-present and ominous September 21, 2011 reminder of what can and will happen without thoughtful • Wysox, Bradford County: Wysox Fire Hall, September preparation and timely intervention. 22, 2011 • Harrisburg, Dauphin County: Widener Law School, Natural gas extraction in Pennsylvania’s deep shale layers September 26, 2011 requires a more industrial and more impactful process than traditional shallow well production. To manage this new Commission members held regular conference calls from boom, policymakers need to view the industry with fresh mid-August to mid-October to discuss findings, share eyes and open minds. information, and consider recommendations. Today, we have the luxury of looking back at one hundred and fifty years of fossil fuel extraction and asking the question: Summary of Citizen Comment What did our forebears do wrong, and what lessons can we – must we – learn from it? This is the lens we should apply Despite the geographic dispersion of the hearings, many to development of the Marcellus Shale: Looking back one common themes emerged: hundred years from now, what will our descendents see? Will our children and grandchildren puzzle over our choices? Or Citizens take their right to clean air and water very seriously. will they thank us for factoring their well-being into our Repeatedly, citizens cited Article I, Section 27 of the present-day decisions? We can turn the benefit of hindsight Pennsylvania Constitution – the one that begins, “The people into the gift of foresight and recognize that decisions made have a right to clean air, pure water, and to the preservation today will impact future generations. of the natural, scenic, historic and esthetic values of the environment.” To Pennsylvanians, this right is not merely The Citizens Marcellus Shale Commission was formed by empty words on a page but a clear directive to policymakers. eight civic and environmental groups who wish to see citizen voices more present in decisions about gas development in Citizens believe that Pennsylvania has not been prepared to the Marcellus Shale. Participating organizations were Clean responsibly address the rapid expansion of this industry or Water Action Fund, PennEnvironment, the CLEAR Coalition, the impacts of drilling. State budget cuts have left regulatory Pennsylvania League of Women Voters, Housing Alliance of agencies inadequately staffed to handle the increased volume Pennsylvania, Keystone Progress, the Pennsylvania Budget of activity, and local municipalities were unprepared for the and Policy Center, and the Sierra Club Pennsylvania Chapter. rapid pace of development. The groups nominated citizens to serve on the Commission – a group offering varied expertise, geographic diversity, Many citizens called for a moratorium on gas drilling and and a willingness to approach the issue in an unbiased and several urged an outright ban. impartial manner. Seven of the 16 Commission members come from communities with active drilling. Citizens have concrete, practical recommendations that they believe will resolve their concerns. Commission The Commission held five hearings across the state and members were impressed with the level of knowledge and 3 thoughtfulness of the vast majority of presenters. They create or defend local zoning ordinances or take steps to described their experiences and suggested laws and protect