UPDATE: Where PA stands with Act 13
Photo by Mark Schmerling
The passage of Act 13 by the Pennsylvania state legislature on February 14th, 2012 made a few improvements to state regulation of fracking in Pennsylvania, but created several huge loopholes that that directly impact the environment and have the potential to cause a great deal of damage to public health.
One of the most offensive provisions of Act 13 is the language that strips municipalities of the zoning power to determine where gas wells, pipelines and waste pits can be constructed. This would mean that drillers could construct fracking wells in residential zones where local officials would have never allowed them.
Thankfully, a number of municipalities challenged this provision of Act 13 in Commonwealth Court and the court found that the zoning rights provision was unconstitutional. The case has since moved to the Pennsylvania Supreme Court and is currently under review and awaiting a decision.
Many of the elected officials who voted for Act 13 will tell you that the law strengthened environmental regulations on fracking in Pennsylvania. The Act did in fact increase the minimum setbacks for drilling near public and private water sources from 500 to 1000 feet and 200 to 500 feet. However, the increases are nowhere close to sufficient for protecting drinking water. A study conducted by Stephen G. Osborn and colleagues at Duke University concluded that a minimum 3,000 foot buffer is needed to protect drinking water supplies. The new regulations that are part of Act 13 are increases, but are still not strong enough to ensure drinking water safety.
Another concern about the passage of Act 13 is that it was passed without an adequate increase in funding for the Department of Environmental Protection (DEP). The DEP is the state government agency that is supposed to regulate and oversee drilling activities in Pennsylvania. Act 13 was passsed without ensuring adequate revenue for the agency that is supposed to protect the public from the hazards of fracking.
The Pennsylvania Campaign for Clean Water is currently working on a number of different approaches to combating the lack of protections established by Act 13. We will keep you updated as there are new developments.
