Environmental group suit says shale efforts pollute
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A federal lawsuit alleges that Marcellus Shale gas well drilling operations, compressor stations and pipelines in two northern tier counties are emitting dangerous air pollutants in violation of the U.S. Clean Air Act and Pennsylvania's statewide air emissions plan.
Citizens for Pennsylvania's Future, a statewide environmental organization, filed the lawsuit Thursday against Houston-based Ultra Resources Inc. in U.S. District Court for the Middle District of Pennsylvania.
It also formally asked the state Department of Environmental Protection to open up all its air pollution records for Marcellus drilling operations in Pennsylvania.
"Ultra's drilling operations in Tioga and Potter counties are emitting dangerous and illegal air pollution and operating without the required permits," said Jan Jarrett, president and chief executive officer of PennFuture.
The PennFuture suit alleges that the Ultra operations, known as the "Marshlands Play," are "interdependent," or connected, and emitting large enough quantities of nitrogen oxide pollutants to qualify for special permitting as a "major source."
It also states that the company drilled wells and constructed compressor stations and pipelines without receiving those required state permits that limit air pollution emissions and without using equipment designed to meet the lowest achievable emissions rate.
A "major source" is defined as any operation that has the potential to emit more than 100 tons a year of nitrogen oxides, sulfur dioxide, carbon monoxide, soot or lead, known as "criteria pollutants."
The lawsuit said up to 3 million tons of nitrogen oxide a year could be emitted at each of Ultra's 34 well pads in the Marshlands Play, plus additional emissions from a series of connected compressor stations and pipelines.
PennFuture's suit claims the air pollutants are creating serious health risks to those living downwind.
According to the U.S. Environmental Protection Agency, even short-term exposure to nitrogen oxides can impair respiratory health, causing throat and lung inflammation and exacerbating asthma. It can also lead to higher concentrations of airborne particulate matter, which can cause heart attacks.
Ultra officials were not available for comment on the lawsuit Thursday afternoon, and Kelly Whitley, a spokeswoman at Ultra Petroleum, said the company hasn't seen the lawsuit and declined comment.
According to the company's website, Ultra holds approximately 250,000 acres in the Marcellus Shale, with the potential for 1,800 drilling locations.
PennFuture also filed a formal right to know request with the DEP to get air pollution emissions data the department used assess whether Marcellus operations were impacting air quality.
EXPLORING THE IMPACT
THE MARCELLUS BOOM
First Published July 22, 2011 12:00 am
