PennFuture Files Federal Lawsuit against Ultra Resources for Drilling Contamination in Potter, Tioga Counties

Organization also seeking DEP records statewide on air pollution at all drilling sites

Harrisburg, PA (July 21, 2011) – Citizens for Pennsylvania’s Future (PennFuture) filed a lawsuit today in the United States District Court for the Middle District of Pennsylvania against Ultra Resources, Inc., for air pollution at its Marcellus Shale drilling sites, which violates the federal Clean Air Act, Pennsylvania’s State Implementation Plan (the “Pennsylvania SIP”), and Pennsylvania’s New Source Review regulations. PennFuture also filed a formal request with the Pennsylvania Department of Environmental Protection (DEP) for all records of air pollution at drilling sites throughout the Commonwealth.

“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 CEO of PennFuture. “Unless gas drillers operating in Pennsylvania control the air pollution from their operations, air quality will deteriorate, putting public health at risk.

“The noxious air pollution is widespread in the two county area of the ‘Marshlands Play,’” continued Jarrett. “The operations include natural gas wells, pipelines, compressor stations, and other equipment, all of which are connected by pipeline to a Metering and Regulation Station, also constructed and operated by Ultra, where the gas produced at Ultra’s wells is adjusted for pressure, measured, and delivered to an interstate pipeline. Ultra constructed the operations without the necessary permits – specifically a permit required by Pennsylvania’s New Source Review (NSR) regulations, and without achieving the lowest achievable emissions rate or purchasing emissions reductions credits. The company is emitting large amounts of nitrogen oxides (NOx) into the air, creating serious health risks for anyone living downwind from the operations.

“The laws were passed for a reason – to protect the health of our families,” continued Jarrett. “According to the United States EPA, even short-term NOx exposures, ranging from 30 minutes to 24 hours, cause adverse respiratory effects including airway inflammation in healthy people and increased respiratory symptoms in people with asthma. And this air pollution also leads to more fine particle pollution, which can cause heart attacks and other deadly illnesses.

“But this appears to be business as usual for many drillers,” continued Jarrett. “A study out of Fort Worth (TX) recently showed that the NOx pollution just from the average compressor engine there is about 60 tons per year. And with drilling going like gangbusters here in Pennsylvania, that same kind of pollution from all the operations would create serious public health problems, and destroy any ability of Pennsylvania to meet air quality standards. We’ve also seen the formerly pristine air in Wyoming now more dangerous than that in Los Angeles, thanks to massive drilling. We need to stop this problem here and now.

“We are also asking DEP to open the books on its assessment of air pollution at other drilling operations throughout the Commonwealth,” said Jarrett. “We cannot and will not allow the drillers to operate without meeting our clean air rules.”

Copies of the PennFuture court filing and Right to Know request are available for download.

PennFuture is a statewide public interest membership organization, founded in 1998. PennFuture’s activities include litigating cases before regulatory bodies and in local, state and federal courts, advocating and advancing legislative action on a state and federal level, public education and assisting citizens in public advocacy.

Working from the premise that “Every environmental victory grows the economy,” PennFuture has successfully advocated for landmark environmental legislation, including passage of the largest-ever environmental funding bond, public investment in green energy and energy savings programs, passage of the Alternative Energy Portfolio Standards Act, adoption of the Clean Vehicles Program and adoption of a regulation that protects Pennsylvania’s babies by restricting mercury pollution from coal-fired power plants. PennFuture has staff throughout the state, in Harrisburg, Philadelphia, Pittsburgh, and Wilkes-Barre. The Philadelphia Inquirer called PennFuture the “state’s leading environmental advocacy organization,” and the Pittsburgh Post-Gazette named the organization one of the ten most influential groups on the issue of natural gas drilling.”