Runoff During Construction of Gas Wells

All construction sites, as they involve the disturbance of the natural surface, are vulnerable to high levels of runoff during heavy rainfall events, which not only can erode the construction site, but cause pollution in streams, ponds and lakes downstream from the construction site. Before drilling a gas well, a drilling pad must be constructed that can be as large as 5 acres. This pad serves as the surface for the operation and storage of large equipment and containers during drilling. After the well is drilled, much of this area can be reclaimed, as the equipment required to maintain a gas well is small relative to that required to drill a gas well. In addition, frequently a road needs to be built to access the drilling pad and completed gas well.

In 2003, the United States Environmental Protection Agency required construction activities that disturb one or more acres of land to have a stormwater discharge permit. In New York State, the Department of Environmental Conservation (DEC) issue these discharge permits, known as a State Pollutant Discharge Elimination System General Permit (SPEDES) for Stormwater Discharges from Construction Activity. The requirements for obtaining such a permit from the DEC are among the most progressive in the nation (http://www.nywea.org/clearwaters/04-2-summer/spdes.cfm). Before construction can commence, a Stormwater Pollution Prevention Plan (SWPPP) must be developed for the construction site and implemented before construction begins. This plan must meet specific technical standards for stormwater management.

If the construction activity or post-construction runoff causes the discharge of a pollutant of concern to a water identified as an impaired water body for that pollutant (http://www.dec.ny.gov/chemical/31290.html), the SWPPP must be certified by a licensed professional. In addition to gas well drilling in areas where local waters are classified as impaired water bodies due to the presence of nutrients or sediments, there is particular concern regarding gas well drilling in the Susquehanna River Basin. This basin feeds into the Chesapeake Bay, which is an impaired water body. New York State is committed, as part of its Chesapeake Bay Tributary Strategy, to reduce nitrogen, phosphorous and sediments entering the Susquehanna and Chemung Rivers (http://www.dec.ny.gov/lands/33279.html). Therefore, it is particularly important that new construction sites not serve as a significant source of pollutants in the Susquehanna River Basin.

The Federal Energy Policy Act of 2005 exempted gas well site activities from the need to have stormwater discharge permits. However, the dSGEIS indicates that site specific SWPPPs will be required for each well site. Since most construction is permitted at the municipal level, it has been the responsibility primarily of municipalities in New York State to monitor and enforce the SWPPPs. At this point, it appears that it is the responsibility of the DEC’s Division of Mineral Resources to approve, monitor and enforce the SWPPP’s of each gas well drilling site. It is not clear that the Division has enough staff for this task or that this should be a major focus for this division.

The SWPPP is to include plans for secondary containment of all chemicals used in drilling and hydrofrackking, as well as plans for training personnel and ensuring adequate materials are on site to address any spills. However, it appears that the dSGEIS does not requiring that all drilling waste (drilling muds, cuttings and flowback waters) be fully contained on site. Rather, drilling waste and flowback waters can apparently be stored in open, albeit lined, pits on site except on floodplains and the NYC watershed. It is not clear why full containment should not be required for all sites. Clearly, open pits are vulnerable to erosion and overflowing during extreme rainfall events. Though full containment cannot ensure that drilling wastes and flowback water will not enter surface or groundwater, it would decrease the risk of this occurring.