Legislators: Balance needed to protect environment

Article Photos

A balance between caring for the environment and not creating draconian regulations that dissuade natural gas drillers is necessary as the exploration of the vast Marcellus Shale reserve moves foward.

That's what state Rep. Garth D. Everett, R-Muncy, who is on the Environmental and Energy committee in the House of Representatives, and Sen. E. Eugene Yaw, R-Loyalsock Township, said Tuesday following the release of a report by environmental watchdog group PennEnvironment.

The report, titled Preserving Forests, Protecting Waterways, is a series of proposals and regulatory solutions the group believes will address environmental and public health problems associated with gas drilling.

The report specifically asks legislators to:

Improve the public's right to know and access to information about drilling;

Put areas that supply drinking water, critical habitats, and public lands off limits to drilling;

Pass mandatory minimum penal

ties for polluters who violate laws or destroy the environment, and implement severe penalties using existing clean water laws;

Increase funding to the Department of Environmental Protection to allow for expanded enforcement, permit review and onsite review of drilling; and

Strengthen existing clean water laws to deal with the rapid expansion of drilling.

"We need to strike a balance that allows industry to do their development and protects the environment and public health and safety at the same time," Everett said. Adding massive penalties dissuades the industry from being here at all, he added.

"It's not a criticism of PennEnvironment, but if it is not wind or solar for them, it is no good," Everett said. "If you drill, or build nuclear plants or burn it, their goal is to be so restrictive to industry that such developments would not be in Pennsylvania."

Yaw said education and not listening to rumors is the key.

Yaw said he has a bill pending that passed the Senate unanimously that would lower the confidentiality time period of five years to six months for information on drilling to be made available to the public.

"If we're talking about the environment, nobody questions it is the cleanest burning fossil fuel," Yaw said. One well will produce enough gas to service about 25,000 homes, he added.

What little disturbance occurs - if it can provide a safe and clean fuel for that many homes from one well - is being environmentally conscious, Yaw said.

"If we care about the environment and use of greenhouse gases, then using resources we have will go a long way in accomplishing those goals," Yaw said. "I will readily admit it is new to our area and it is like any other expansion of industry and we're going to have glitches in the system."

Both legislators said the DEP Secretary John Hanger says he has more funds and more people to service the gas industry than he has ever had. The reason he has more money is because the gas industry permit fees increased significantly, and that money goes to DEP to hire inspectors, Yaw explained.

Everett agreed there are not mandatory minimum penalties for polluters, but he said the state inspects each report of a spill, or accident or incident for the damage, intention of officials involved and totality of what violation occurred before assessing penalties.

"If you are a repeat offender, you won't like what happens," Everett said of DEP inspectors. "If you try to follow regulations and accidents happen, the agency makes the company fix it and fines them."

"Most of the people are down the middle," Everett said. "We do not want to see it impact hunting areas, whether private or public, or creeks or watersheds, but we also need and cannot ignore this valuable resource that is beneath us and able to be tapped, and provide some royalties and benefits to homeowners and those who lease the land."

Rep. Rick Mirabito, D-Williamsport, did not immediately return telephone calls for comment.