Friel-Otten, Shusterman Cite Water Protection In Opposing Bill

PHOENIXVILLE, PA — State Rep. Danielle Friel-Otten (D-155th) in Harrisburg on Tuesday opposed a bill that she said weakens protection of public resources including water supplies.

Friel-Otten decried a provision in House Bill 1144 that will allow the "spreading of untreated oil and gas wastewater to de-ice and suppress dust on dirt and gravel roads in Pennsylvania."

The District 155 legislator voted No on the bill, but it passed the House May 25 by a vote of 113-88 and will now advance to the Senate. State Rep. Melissa Shusterman (D-157th) also voted No on HB 1144, as did Rep. Kristine Howard (D-167th).

Shusterman echoed Friel-Otten's concerns about using untreated oil as a dust suppressant, as the bill would allow. "Conventional oil and gas brine contains Radium 226 and 228 at levels similar to unconventional wastewater. At a minimum, these radioactive elements should be removed if this activity is to be approved."

Rep. Martin Causer, from northcentral PA's District 67 introduced HB 1144. Causer explained in a February memo prior to introducing the bill that its intent is to protect smaller oil and gas producers. "The conventional oil and gas industry has been in Pennsylvania and contributing to our economy for more than a century and a half. With the Marcellus Shale boom and the proliferation of advanced drilling methods, a new type of oil and gas industry developed in Pennsylvania. As a result, Act 13 of 2012 was passed to address some of the concerns and issues that were specific to this new unconventional industry. Although it was intended to address new issues with the unconventional industry, Act 13 also placed an unbearable burden on the much smaller conventional producers and over time has brought the conventional industry to near collapse."

But, Friel-Otten said that it rolls back the protections that are in place.

"Among several other egregious provisions, HB 1144 rolls back protection of water supplies, weakens protection of public resources, (and) allows more spills to go unreported," she said on Tuesday in Harrisburg.

Friel-Otten said that in a recent four-part report by Environmental Health News, striking levels of chemicals associated with oil and gas and their “biomarkers” were found in kids who live close to oil and gas operations in Pennsylvania.

"Perhaps surprisingly, the highest readings were in those who lived further away from fracking wells but close to conventional oil wells and production in PA. These biomarkers indicate exposures that can cause irritation of the skin, nose, and eyes; central nervous system problems; and liver and kidney damage, as well as potentially causing cancer in living tissue."

Friel-Otten continued, "Pennsylvania drilling activities produce some of the most carcinogenic wastewater in the nation. Pennsylvania already has some of the weakest laws to protect people, communities, and the environment from the disposal of this wastewater, and HB 1144 would take us back decades in terms of environmental and public health protections."

Causer's February 2021 memo explained the legislation "would enact a Conventional Oil and Gas Act with provisions that make it reflective of today’s conventional oil and gas industry. This bill would be complementary to previous action by the General Assembly and the Governor that called for separate regulations for the unique family-owned conventional oil and gas operators as opposed to the Act 13 regulated unconventional (Marcellus and Utica) gas industry."

"This legislation will provide a legislative framework for regulations specific to conventional oil and gas producers in a way that protects the environment while preserving this valuable industry," Causer wrote.

But Friel-Otten insisted on Tuesday that "HB 1144 is yet another example of placing the profits of corporate polluters over the health and constitutional rights of Pennsylvanians and our communities."

Shusterman said, "This legislation proposes rolling back regulations on conventional oil and gas drilling to standards first set in 1984. We simply can’t afford to move backwards on environmental practices in our Commonwealth. With our air, water, and overall health already threatened by loose regulations, loosening those regulations further is not the answer."

Shusterman also said the legislation, if passed, will allow spills to go unreported. "DEP has required spills as small as 5 gallons of brine to be reported since 2001. HB 1144 would increase this threshold to 630 gallons. It also exempts oil spills of less than 210 gallons from reporting requirements." She added, "This is the time for meaningful initiatives to course-correct environmental damages and plan for a sustainable future, not return to the very standards that caused the present damage."

View Friel-Otten's speech from the Pennsylvania House Floor here.

See how other state legislators voted here.