Marcellus Shale Safe Drilling Act of 2011

The Marcellus Shale Safe Drilling Act of 2011 (HB852/SB634) Passed!

Delegates Heather Mizeur and Marvin Holmes and Senator Brian Frosh introduced the Marcellus Shale Safe Drilling Act of 2011 (HB852/SB634), to develop a process to increase regulation of gas drilling in Maryland.

The bill requires the Maryland Department of the Environment to conduct a study to assess impacts of drilling on the environment and local communities before drilling permits are issued.  Because of the complexity of this issue and the lack of information specific to Maryland, and the limited resources available at MDE to conduct the study, process permits, monitor the drilling and enforce regulations, we are thrilled that HB 852/SB 634 passed. 

Under this new law, each drilling company permit application must include:

  • A plan to minimize and offset the impacts of drilling to wetlands, forests and other critical habitat
  • Safeguards so the drilling will not impair the sustainability, water quality of ground and surface water in the watershed
  • Use of fracking fluids containing only proppants and additives that have been approved by the department
  • The plans for treatment and disposal of flow back and other wastewater and wastes at regulated facilities
  • Information about the water supply used for drilling and hydraulic fracturing
  • A monitoring program approved by the Department to establish a baseline water quality for ground and surface water prior to the drilling
  • A plan for periodic testing to determine if the drilling or fracking has affected the ground and surface water
  • A plan for emergency response for the proposed site has been developed
  • Documentation of environmental impairment liability insurance