Regulation

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    5 Bills to Fix PA DEP to Get Full House Debate (Vote?) Next Week

    In March the Pennsylvania House State Government Committee debated and voted to approve a slate of five bills aimed at fixing not only the slowmo way the state Dept. of Environmental Protection (DEP) approves shale permits, but also roll back some of the egregious regulatory overreach that exists in PA (see PA House Committee Approves 5 “Fix DEP” Bills – What’s Next?). The vote to approve the bills was along party lines, with zero liberal Democrats voting in favor of fixing the DEP. In a move that has alarmed Big Green and its supporters, all five bills will now come to the full floor of the House, next week, for discussion and possibly for a vote. What happens if the full House votes to approve these bills?…
    Read More “5 Bills to Fix PA DEP to Get Full House Debate (Vote?) Next Week”

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    Busybody Brigade to Help Va. DEQ “Monitor” MVP Pipe Work

    As Mountain Valley Pipeline (MVP) begins construction and launches a plan to expand their pipeline another 70 miles (see today’s lead story), the Virginia Dept. of Environmental Quality (DEQ) says it is eager to work with radical antis to monitor work that will be done by MVP in the Old Dominion. MVP is a $3.5 billion, 301-mile pipeline that will run from Wetzel County, WV to the Transco Pipeline in Pittsylvania County, VA–and perhaps beyond into North Carolina (see Mountain Valley Pipeline Launches Plan to Expand 70 Miles into NC). MVP is being built by EQT Midstream, NextEra Energy and several other partners. It has been hassled by protesters and sued by a cadre of Big Green groups–all with no result. The pipeline is currently under construction. Since there’s no stopping it, antis intend to launch a host of volunteer “monitors” to rat out pipeline workers that do anything from drop a candy wrapper on the ground to drive 2 miles an hour over a locally posted speed limit. In other words, a busybody brigade. To which we say: Go ahead–knock yourselves out. MVP has nothing to hide. If you want to waste your time, it’s yours to waste. The DEQ, under Democrat Gov. Ralph Northam, is only too happy to work with the busybody brigade to further hassle MVP…
    Read More “Busybody Brigade to Help Va. DEQ “Monitor” MVP Pipe Work”

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    Big Green Begs NY DEC to Revoke Orange Co. Power Plant Permits

    As the Competitive Power Ventures (CPV) $900 million Valley Energy Center natural gas-fired electric generating plant in Orange County, NY gets ready to begin service THIS MONTH, antis, including Big Green group Riverkeeper, are desperate to stop it from entering service. Since they couldn’t win any lawsuits to stop it, and since they couldn’t convince the federal government (FERC) to stop it, Riverkeeper and some politicians in Riverkeeper’s back pocket (via campaign contributions) have turned their attention to the Andrew Cuomo-corrupted Dept. of Environmental Conservation (DEC), hoping they can convince the corrupt DEC to revoke the permits issued for the plant. On what basis does Riverkeeper and their colluding politicians claim the permits should be revoked? On the basis that a CPV lobbyist paid money to Cuomo’s closest confidante and aide as a bribe to get the project approved. There’s no evidence that the project got approved because of the bribe, but the stench is certainly there, and hey, if corrupt bribes got it approved, maybe corrupt politicians colluding with Big Green can get it unapproved, right?…
    Read More “Big Green Begs NY DEC to Revoke Orange Co. Power Plant Permits”

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    Columbia Asks FERC to Approve OH/WV Buckeye XPress Pipe Project

    Buckeye XPress Pipeline map – click for larger version

    In January 2017, TransCanada’s Columbia Pipeline subsidiary launched an open season for the Buckeye XPress (BXP) pipeline project (see Columbia Pipeline Launches Open Season for New M-U Project). BXP will expand service along the Columbia Gas Transmission pipeline from Ohio (and PA and WV) to send even more Marcellus/Utica gas to the Gulf via the interconnection at Leach, Kentucky. Columbia launched a non-binding open season to gauge interest in the project, which will use looping and beefed up compressor stations to increase capacity another 700 million cubic feet (MMcf) per day along the existing pipeline Columbia pipeline system. The open season (time when shippers express interest and sign contracts) was a success. But these things take time. On March 26, a year and two full months after the open season, Columbia filed an application with the Federal Energy Regulatory Commission (FERC) seeking permission to build the project. The project includes building 66 miles of new pipeline to replace old pipeline in Ohio’s Vinton, Jackson, Gallia and Lawrence counties, as well as pipeline replacement in West Virginia’s Wayne County. Below is the lowdown on the BXP application…
    Read More “Columbia Asks FERC to Approve OH/WV Buckeye XPress Pipe Project”

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    Penn Twp Antis Try to Use PA ERA to Block Shale Drilling

    Last November we updated you on a lawsuit filed by a group of radical anti-fossil fuelers in Penn Township (Westmoreland County), PA (see Penn Twp Ninny Nannies File Lawsuit to Block Apex, H&H Wells). A group calling themselves Protect PT, backed with money and legal help from Big Green group PennFuture, filed a lawsuit to try and stop Apex Energy and Huntley & Huntley (H&H) from drilling wells in the township. The lawsuit finally made it to a county judge who is hearing testimony this week. One of the “expert witnesses” called by Protect PT is retired and discredited Cornell professor Tony Ingraffea, who makes a living by traveling around the country bashing fracking (see our Ingraffea stories here). The peril with this particular lawsuit is that it uses Pennsylvania’s so-called Environmental Rights Amendment (ERA), which liberal PA judges have, in recent years, breathed new life into. The argument is that fracking denies those who live near this temporary activity their “right” to enjoy Mom Nature, therefore it should be banished forever. That’s what Protect PT is attempting to pull off–a total frack ban in the Penn Township…
    Read More “Penn Twp Antis Try to Use PA ERA to Block Shale Drilling”

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    Trump Action Improves Pipeline Reviews by Federal Agencies

    President Trump presides over the signing of the agreement. Official White House Photo by Shealah Craighead.

    Eight months ago President Trump called for the government to speed up reviews and permitting of major infrastructure projects. It’s hard to drain the swamp–the entrenched bureaucracy that is Washington, D.C. resists it at every turn. But change it he has! On Monday, 12 federal agencies, including 7 cabinet-level departments of the Executive Branch, signed an agreement to better coordinate reviews and to guarantee that critical infrastructure projects can get reviewed and approved (or not approved) within a two-year period. Among those signing the agreement were the Department of Interior (DOI), the Department of Energy (DOE), the Federal Energy Regulatory Commission (FERC), the Environmental Protection Agency (EPA), and the U.S. Army Corps of Engineers. Infrastructure projects includes, prominently, pipeline projects. No more dilly dallying at one agency, and then a year later on to the next agency only to be repeated. Reviews will now be done concurrently (instead of sequentially), among other changes…
    Read More “Trump Action Improves Pipeline Reviews by Federal Agencies”

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    PA House Bill Would Neuter SRBC, DRBC Regulation of Ground Water

    Here’s one we didn’t see coming–a potential way to fix the ongoing disaster that is the Delaware River Basin Commission (DRBC) and their illegal attempt to regulate hydraulic fracturing within the Delaware River Basin under the claim they have the right to regulate anything that impacts groundwater. A Pennsylvania House of Representatives member, Dan Moul (Republican from Gettysburg), is about to introduce a bill that would replace the DRBC’s authority to regulate groundwater by vesting that authority solely in the hands of the state Dept. of Environmental Protection (DEP). The problem is, the bill appears to be targeted more at the Susquehanna River Basin Commission (SRBC) than DRBC. The bill will affect both organizations. Last time we checked, the SRBC does a fine job of regulating water withdrawals for fracking AND makes no attempt to regulate fracking, which the DRBC is attempting to do. But then, we don’t think this bill has the DRBC’s frack ban, nor fracking at all, in mind. It likely has more to do with farming and other water uses and some perceived shortcomings at the SRBC…
    Read More “PA House Bill Would Neuter SRBC, DRBC Regulation of Ground Water”

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    More of the Same at Final DEP Hearing for Shell Ethane Pipeline

    Click map for larger version

    For three nights in a row this week the Pennsylvania Dept. of Environmental Protection (DEP) conducted hearings for Shell’s proposed Falcon ethane pipeline–a 97-mile pipeline system with two “legs” that will feed Shell’s mighty ethane cracker plant now under construction in Monaca, PA. We brought you a report from the first session, an eyewitness account from MDN friend Charlie Schliebs (see Shell Ethane Pipeline Hearing Draws Few Supporters, Many Antis). That session was predominantly populated with antis attempting to paint nightmare scenarios if the pipeline (and cracker) gets built. Last night was the third and final session–in Sewickley. Once again we have an eyewitness account, this time from MDN friend Katie Klaber, former president of the Marcellus Shale Coalition and currently managing partner at The Klaber Group and a board member of the Federal Reserve Bank of Cleveland (Pittsburgh branch). Katie is a consummate environmental professional–someone with a lifelong career in environment compliance and someone who served on the Air Quality Technical Advisory Committee of the DEP for more than a decade. She knows a thing or two about projects like the Falcon because she’s seen a thing or two (to borrow from the Farmers Insurance commercials). When the audience realized that Katie was supporting the project (the only one of the first 18 speakers to do so), the hissing started. She and the next few speakers who supported the project were hissed by bad-behaving antis in the crowd, with some Mother F…ers thrown in by an especially outspoken attendee. Nice people, those antis…
    Read More “More of the Same at Final DEP Hearing for Shell Ethane Pipeline”

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    DRBC: We’ll Make You Guess When We’re Going to Adopt Frack Ban

    In September, MDN told you that the obsequious members of the Delaware River Basin Commission (DRBC) had slavishly obeyed their radical environmental masters by voting to move forward with a permanent ban on fracking in the Delaware River Basin (see DRBC Votes Tomorrow on Permanent Frack Ban Resolution). The final ban language/regulation was dropped like a bomb by DRBC staff on Nov. 30 (see DRBC Drops Permanent Frack Ban Bomb – Public Hearings in January). The DRBC announced they would allow public comment through Feb. 28, later extended to Mar. 30 (see DRBC Schedules More Freak Shows on Proposed Frack Ban Regulation). The DRBC received 8,687 comments online and 227 oral comments at the hearings. So what happens now? According to an update issued yesterday, the DRBC said, “There is no set schedule for a vote by the Commissioners to adopt final rules. As always, the Commission may adopt final rules only at a duly-noticed public meeting.” All of the DRBC’s public meetings are ” duly noticed”–meaning the DRBC provides public notice ahead of time. The next public meeting to be held is May 16. Could the DRBC simply vote at that meeting to adopt these illegal ban regulations? Sure. And then again, maybe they won’t. You just don’t know. Apparently the DRBC wants to keep everyone guessing…
    Read More “DRBC: We’ll Make You Guess When We’re Going to Adopt Frack Ban”

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    Report: The State of Natural Gas in Pennsylvania

    The Commonwealth Foundation is Pennsylvania’s premier free-market think tank. The aim of the Foundation is to “transform free-market ideas into public policies so all Pennsylvanians can flourish.” We’ve highlighted their excellent work over the years. They’ve just done it again. The Commonwealth Foundation has just published a report called “The State of Natural Gas in Pennsylvania” (full copy below). The opening begins this way: “Pennsylvania’s regulatory and tax environment is stunting job growth and deterring investment. A decade after the Marcellus Shale boom, lawmakers are still debating how to tax the industry instead of fixing the policies contributing to Pennsylvania’s increasingly uncompetitive energy market.” At the end of the report the Foundation shows a severance tax comparison of existing severance taxes in other states that PA competes against, like Ohio, West Virginia, Texas, Colorado, and Oklahoma. The chart shows that the existing impact fee (in essence a severance tax) runs around 1.1%. The severance tax in Ohio is running around 0.7%, and in West Virginia 3.5%. In places like Texas, which increasingly competes against PA with prodigious quantities of natural gas production, the severance tax is 4.2%. However, Gov. Wolf’s proposed severance tax would be 5%–the highest in the nation except for New Mexico’s 7.9% (which doesn’t compete with PA). The report shows how PA is restricting Marcellus activity with over-regulation and a high corporate income tax…
    Read More “Report: The State of Natural Gas in Pennsylvania”

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    Shell Ethane Pipeline Hearing Draws Few Supporters, Many Antis

    Click for larger version

    Last night the first of three public hearings held by the Pennsylvania Dept. of Environmental Protection for the planned Shell Falcon Ethane Pipeline project was held in Monaca (Beaver County), PA. About 100 people turned up for the hearing, which lasted an hour and a half. No signs allowed. The only people who could speak had to register first. Of the 23 who did speak, 16 of them (including out-of-town movement antis) spoke against the project, while 7 people spoke in favor. The 97-mile Falcon Ethane Pipeline system has two “legs” that will feed Shell’s mighty ethane cracker plant. Shell is not using eminent domain for any of its leases for the pipeline. Every lease is negotiated and signed with individual landowners. Antis, in large part being organized and agitated by radical groups like FracTracker Alliance, are making a concerted effort to block the pipeline, hoping they can in turn stop the multi-billion dollar cracker plant currently under construction by blocking the pipeline that feeds it…
    Read More “Shell Ethane Pipeline Hearing Draws Few Supporters, Many Antis”

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    WV Royalty Transparency Law Sheds New Light Beginning June

    Back in January MDN told you about West Virginia House Bill (HB) 4270, a bill that provides more transparency for landowners on their royalty statements (see WV Co-Tenancy, Royalty Transparency Bills Make Progress). The good news is that the bill passed and was signed into law by Gov. Jim Justice on March 27th. For far too long royalty statements have been loosey-goosey. Landowners (technically royalty owners) get no specifics on how much gas (or other hydrocarbons) were produced, what deductions were made, and why those deductions were made. HB 4270, which goes into effect on June 8, will fix all that. Here’s more details on what is being called the “Check Stub Bill”…
    Read More “WV Royalty Transparency Law Sheds New Light Beginning June”

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    Offer to Relocate Families Near ME2 Sinkholes; ME1 Down Until May?

    Sinkhole in Chester County, PA

    Sunoco Logistics Partners (aka Energy Transfer Parnters) has had its challenges in constructing the twin Mariner East 2 (ME2) pipelines across Pennsylvania. In March, MDN told you that underground horizontal directional drilling (HDD) work in Chester County had led to a third sinkhole developing in that area (see 3rd Sinkhole Appears Near ME2 Construction in Chester County, PA). For most of its length, ME2 is being built next to the existing ME1 (Mariner East 1), a liquids pipeline originally built in 1931. The third sinkhole in Chester County exposed a portion of ME1, leading to the state Public Utility Commission “temporarily” shutting down ME1 on March 7 (see PA PUC Shuts Down Mariner 1 Pipeline Due to Mariner 2 Sinkhole). ME1 would be, according to Sunoco, out of commission for “10 to 14 days.” Nearly a month later it’s still not running and until the state Dept. of Environmental Protection gets solid answers about the sinkholes, it won’t restart. It now looks like ME1 won’t be operational again until May. ME1’s closure has put several shippers, primarily Range Resources, in a bind (see Range, CNX Look for Alternatives to ME1 Pipe Following Shutdown). Sunoco needs to conduct geotechnical studies near the sinkholes to get answers that will allow it to resume work. So, Sunoco has offered to temporarily relocate five families living near the three sinkholes–for up to six weeks–while it conducts tests of the area…
    Read More “Offer to Relocate Families Near ME2 Sinkholes; ME1 Down Until May?”

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    PA Supreme Court Axes DEP $4.5M Fine in EQT Tioga Wastewater Leak

    EQT had to take their case all the way to the Pennsylvania Supreme Court, but in the end, the company was victorious over a wildly overinflated $4.53 million fine levied by the state Dept. of Environmental Protection (DEP) for a leaky wastewater impoundment in Tioga County dating back to 2014 (see PA DEP Levies Biggest Fine Ever, $4.5M Against EQT). While EQT did not say there wasn’t a problem with leaks at the site, they did say the way the DEP calculated the fine was unreasonable and arbitrary. In fact, EQT says the DEP levied the fine and took EQT to court because a few weeks prior EQT had sued the DEP over a different, unrelated matter (i.e., sour grapes on the part of the DEP). EQT appealed the fine and the case all the way to the PA Supreme Court, which heard oral arguments last November (see PA Supreme Court Hears Arguments in EQT Wastewater Leak Case). Last Wednesday the PA Supremes ruled (5-2) in favor of EQT, saying that the DEP’s levied fine was excessive and that the DEP misinterpreted language in the 1937 Clean Streams Law…
    Read More “PA Supreme Court Axes DEP $4.5M Fine in EQT Tioga Wastewater Leak”

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    PA DEP Releases Draft Final GP-5 & 5A Methane Regulations

    Last December the Pennsylvania Dept. of Environmental Protection (DEP) issued “draft final language” for the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5)–regulations that supposedly will cut down on fugitive methane from escaping from drill pads and pipelines (see PA DEP Signals Onerous New GP-5 & 5A Methane Regs Coming 1Q18). The onerous regulations, which for now only apply to *new* sources (not existing) were originally prompted by bullying from the Obama Environmental Protection Agency. Even though EPA pressure has disappeared under President Trump, PA Gov. Wolf is still pushing these onerous new regs. GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. Following a flood of new comments, the DEP tweaked the onerous regs once again (for maybe the third or fourth time) and last Friday afternoon, when nobody was working or looking or caring, the DEP published yet another revised final final final final final version of the regs (below). Are they any better than previous versions?…
    Read More “PA DEP Releases Draft Final GP-5 & 5A Methane Regulations”

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    FERC Won’t Extend Atlantic Coast Pipeline Tree Cutting Deadline

    Two weeks ago Dominion Energy asked the Federal Energy Regulatory Commission (FERC) for permission to extend tree cutting/felling season by an extra 45 days, from March 31 to May 15, in West Virginia, Virginia and North Carolina (see Atlantic Coast Pipe Asks FERC for More Time to Cut Trees). Due to restrictions for species like the threatened Indiana bat, tree cutting season is limited–from November 16 to March 31. ACP said it couldn’t meet the March 31 deadline due to a late start following state bureaucratic delays. In a presentation Dominion gave to North Carolina environmental officials a few months back, the company said if “we cannot start [pipeline construction] in time to ensure a full and efficient construction season and have to delay service by one year, the impact would be $1 billion.” Dominion maintains that worst case scenario has not yet happened. Following the FERC decision to deny extending the date for tree cutting, Dominion said they’ll shift things around and can still meet their contractual deadline of getting ACP up and running by the end of next year…
    Read More “FERC Won’t Extend Atlantic Coast Pipeline Tree Cutting Deadline”