Regulation

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    PA DEP Tries to Convince Landowners/Drillers to Plug Orphan Wells

    Earlier this week MDN told you about a new bill that passed the Ohio legislature and now awaits Gov. John Kasich’s signature called House Bill 225, which triples the amount of money set aside to cap orphan wells in the Buckeye State (see OH Orphan Well Bill Wins Praise from Both Drillers & Enviros). The bill also “creates a more streamlined and efficient process for identifying and plugging” orphan wells. The amazing thing about the bill is this: both Big Green groups and the drilling industry support it! So-called orphan wells are old conventional oil and gas wells that have been abandoned (for decades). They are hazards for shale drillers who stumble across them when drilling new wells. If you drill horizontally and clip an old/abandoned well, it becomes like an elevator pumping fluids and gas to the surface. Ohio has an estimated 600 orphan wells. In Pennsylvania, it’s a whole other story. PA has some 200,000 orphan wells! The main issue in PA has been who will pay to cap them? Most of PA’s orphan wells are not mapped or known. Yet some of them are known–by the landowners on whose land they sit. A second (very important) issue in PA is that if a landowner or driller tries to cap an orphan well they come across, the party doing the work may be liable if there are any environmental impacts from the effort. Let’s see, nobody to pay for it–and if you assume all the legal risk. It’s a recipe for “Don’t touch that orphan well with a 10 foot pole!” In what is too coincidental to be a coincidence, the PA Dept. of Environmental Protection has just launched a program “encouraging private-sector partners to become Good Samaritans, by participating in a program that helps cap dangerous abandoned oil and gas wells statewide.” Was the DEP goaded into doing something about orphan wells after seeing the success Ohio is having? Whether coincidence or not, the DEP is telling landowners and drillers: If you pay for it and plug it yourself, first getting the DEP’s “mother may I?” permission, you will not be on the hook legally (i.e. can’t be sued) later on if “this old well” ends up harming the environment…
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    Rover “Frustrated” with FERC Order to Stop Drilling at Tuscarawas

    In a strongly worded letter dated Sunday, Rover Pipeline tells the Federal Energy Regulatory Commission (FERC) they are “frustrated by the inaccurate central premise underlying the letter received from” FERC shutting down drilling at the Tuscarawas River location. On Jan. 24 FERC sent a letter to Rover stopping drilling at Tuscarawas, which had only restarted in December (see FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears). In April 2017, some 2 million gallons of drilling mud went down the hole near the Tuscarawas River and popped back out where it should not have, harming a wetland by smothering aquatic life (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). That 2 million gallon “spill” in April triggered a shutdown of all HDD work in Ohio. It was only last December that Rover was allowed, by FERC, to resume more HDD work at the Tuscarawas site (see FERC Gives Rover OK to Resume All HDD Work, Incl. Tuscarawas River). After “losing” another 200K gallons down the hole, FERC shut it down a second time, on the 24th. So why is Rover frustrated? Because (a) losing some drilling mud was predicted and expected, and (b) NONE of the 200K gallons of mud lost has come back to the surface. There is no “inadvertent return,” as it’s called. Rover says 200K gallons staying down the hole, in the ground and not coming back out, is no big deal. That’s why they’re frustrated…
    Read More “Rover “Frustrated” with FERC Order to Stop Drilling at Tuscarawas”

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    Part of TGP’s Broad Run Pipe Expansion Starts Up in Kentucky

    In December 2016 MDN brought you news about Kinder Morgan’s “Broad Run Expansion Project” that will expand transportation capacity of natural gas on the existing Tennessee Gas Pipeline (TGP) system. Antis tried to stop the project, but the Federal Energy Regulatory Commission rejected their pleas (see FERC Denies Anti Request to Stop KM’s Broad Run Expansion Project). The Broad Run Expansion includes construction of two new compressor stations in Kanawha County, WV, one new compressor station in Davidson County, TN, and one new compressor station in Madison County, KY. TGP is also increasing compression capacity by modifying two of its existing compressor stations in Powell and Boyd counties in KY by replacing existing capacity with new, higher-rated horsepower compression units. The project will provide an extra 200,000 dekatherms per day (Dth/d) of transportation capacity along the same path as the Broad Run Flexibility project, which was placed in service on Nov. 1, 2015. All of the additional gas will come from Antero Resources and their Marcellus/Utica program. Kinder/TGP has been busy working on the $406 million project and the pieces are now coming together. On Monday, FERC sent a letter to KM/TGP telling them the brand new compressor station in Madison County, KY can begin operations. KM plans to have the entire project up and running by June 1st of this year…
    Read More “Part of TGP’s Broad Run Pipe Expansion Starts Up in Kentucky”

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    PA Senate Ctte Sends “Study Slow DEP” Resolution for Full Vote

    You have to understand something about politicians–a lesson we learned long ago when working in Washington, D.C. If a politician floats a plan to “study” something, that really means “we’re not going to do a single thing about it.” Over the past couple of years the Pennsylvania Dept. of Environmental Protection (DEP) has gotten slower and slower in issuing permits for shale drilling–for simple things, like erosion permits a driller needs to push dirt around to create a well pad. The DEP has a policy of issuing erosion and sedimentation permits 14 days from the date of application. These types of permits are common and necessary when building roads, well pads, etc. As of last summer it was taking the DEP 250 days to issue those permits (see More Pushback on PA Senate Plan to Fix Slow DEP Permit Reviews). The drilling industry has been loudly pushing for a change. The DEP says it has fewer people on staff and that’s the reason for the slowdown. The thing is, the number of requests for permits has gone down too–so that particular argument doesn’t hold a lot of water. PA House Republicans have introduced a number of bills to “fix” the DEP, not least of which is a bill introduced that allows certified third parties to assist the DEP in reviewing permit applications (see Bill Introduced to Fix PA DEP’s Extreme Delays Issuing Permits). The House bill got Gov. Wolf’s attention. Last week he introduced his own plan to fix the DEP–by hiring more people and hiking fees on the drilling industry to pay for it (see PA Gov Wolf Floats Plan to Fix DEP Slow Drilling Permits: Hike Fees). Not to be outdone, the PA Senate now wants to weigh in. Last fall a Democrat Senator from Wilkes-Barre, John Yudichak, floated a “let’s study the problem” resolution (see PA Dem Senator Calls for “Study” to Address DEP Permit Delays). That resolution was just reported out of the Senate Energy Committee (of which Yudichak is the Minority Chair). Yep, both the swamp-dwelling Republicans and Democrats on the committee voted to “study” the DEP slowness problem, meaning they plan to do NOTHING about it…
    Read More “PA Senate Ctte Sends “Study Slow DEP” Resolution for Full Vote”

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    Marcellus Industry AWOL at Philadelphia DRBC Frack Ban Hearings

    Last week the Delaware River Basin Commission (DRBC) held two public hearings in Philadelphia about its proposed plan to ban fracking in the Delaware River Basin (see Low Turnout for Philly DRBC Frack Ban Hearing, Antis Dominate). As we pointed out in our post, you would think a city with 1.5 million residents would turn out more than 120 people on a topic that is sold as “threat to everyone’s drinking water.” But no. Just a relative handful. However, the handful was almost exclusively in favor of the ban. One of two speaker who spoke against the ban was Dan Markind, an attorney in Philly. We’ve highlighted Dan’s comments here on MDN a few times over the years. Smart guy. We don’t always agree with his take, but we do this time. Dan circulated his thoughts after the DRBC hearing. His words are humbling. Dan makes the point that although many who spoke in favor of the frack ban have made up their minds and won’t change, some in the audience were open to being persuaded otherwise. Problem is, nobody from “our side” was there! One rep from the API spoke and left. And that’s it, beside Dan. We fielded nobody to present our side of the argument. As hard as it is to attend these types of events, attend we must. Here’s Dan’s take–that we missed a big opportunity by being AWOL at the DRBC hearings in Philly…
    Read More “Marcellus Industry AWOL at Philadelphia DRBC Frack Ban Hearings”

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    WV Co-Tenancy, Royalty Transparency Bills Make Progress

    As predicated, a co-tenancy bill has been introduced in this year’s 60-day session of the West Virginia legislature (see Co-Tenancy Front and Center for WV Legislature as Session Nears). What is co-tenancy? It is legislation that will give a majority of rights owners of a property the authority to sign a lease on behalf of all the rights owners. It corrects a situation in which multiple rights owners are listed for a property–sometimes 200 or more rights owners for a single piece of property! It is often difficult, if not impossible, to track them all down and get them to sign on the dotted line. Co-tenancy corrects that situation, opening up more Marcellus and Utica acreage that can be drilled. Last Thursday a co-tenancy bill was introduced in the House Energy Committee–House Bill (HB) 4268–which should see an initial vote this week. Various groups are lobbying for and against the bill. The WV Surface Owners Rights Organization is pushing for two amendments, without which they won’t support the bill. Although co-tenancy is a major emphasis for Marcellus/Utica drillers, a different bill is a major emphasis for landowners–a bill to provide greater transparency of royalty statements (more information provided on statements). House Bill (HB) 4270 already passed in a vote by the House Energy Committee last week. It still has to pass muster with the House Judiciary Committee, but the bill seems to be off to a fast start. Here’s a rundown on these two important bills, with copies of the bills as introduced, with background on the backroom wheeling and dealing over the co-tenancy bill…
    Read More “WV Co-Tenancy, Royalty Transparency Bills Make Progress”

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    WV Farm Bureau Urges Legislature to Tread Carefully re Co-Tenancy

    In another MDN post today, we do a deep dive into West Virginia House Bill (HB) 4268, the “Co-tenancy Modernization and Majority Protection Act” (see WV Co-Tenancy, Royalty Transparency Bills Make Progress). One of the organizations closely watching the progress of that bill is the WV Farm Bureau, which lobbies for the best interests of mineral owners, farmers and rural residents. What does the Farm Bureau think of the bill so far? Last week, on the very day HB 4268 was introduced, Farm Bureau director of Governmental Affairs, Dwayne O’Dell, penned an editorial in which he lends tepid support for the bill, IF there are protections built in for landowners. O’Dell begins his editorial by stating he’s worried that WV legislators are, “allowing oil and gas developers to take private property rights unfettered.” That is, they are literally “giving away the farm.” O’Dell is favor of “providing oil and gas companies with a reasonable platform to succeed.” But not at the expense of his members. Here’s a big, fat caution flag being waved by the WV Farm Bureau with respect to the co-tenancy bill, along with a call for the legislature to revisit the issue of “at the well head” pricing…
    Read More “WV Farm Bureau Urges Legislature to Tread Carefully re Co-Tenancy”

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    OH Orphan Well Bill Wins Praise from Both Drillers & Enviros

    Pennsylvania state officials estimate there are as many as 200,000 abandoned (i.e. “orphan”) oil and gas wells in the state–the vast majority of them conventional wells drilled over 50 years ago. Most of them are not mapped or known. Some of them are hazards for shale drillers who stumble across them when drilling new wells. If you drill horizontally and clip an old/abandoned well, it becomes like an elevator pumping fluids and gas to the surface. Not good. Everyone is committed to finding and marking and capping these old wells–the question is, how do you pay for it? In PA, it’s an ongoing hot potato of who will pay (see Who Pays for Abandoned O&G Wells in PA?). Ohio has it a whole lot easier. There’s only an estimated 600 orphan wells in the Buckeye State. The issue of who will pay in Ohio is moot–the state itself pays for it (meaning Ohio taxpayers 2/4/18 correction: The funds come from the Oil and Gas Well fund which oil and gas producers pay into from the severance tax. Our thanks to OOGA for sending along that correction!). A new bill in Ohio just passed the legislature, House Bill 225, which triples the amount of money set aside to cap orphan wells. The bill also “creates a more streamlined and efficient process for identifying and plugging” orphan wells. The amazing thing about the bill is this: both Big Green groups and the drilling industry support it! When was the last time you heard of that happening?! Here’s more about HB 225, the bill everybody loves in Ohio. Who wouldn’t love a bill to help the orphans?…
    Read More “OH Orphan Well Bill Wins Praise from Both Drillers & Enviros”

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    PA Gov Wolf Floats Plan to Fix DEP Slow Drilling Permits: Hike Fees

    As part of the Pennsylvania Senate’s misguided and mangled budget bill last year, Republicans managed to slip in fixes to the state Dept. of Environmental Protection’s (DEP) chronic delays in issuing permits related to shale drilling (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). Unfortunately the fixes came out before the final budget passed. Problems remain for Marcellus drillers. Delays are long in the Keystone State when it comes to permits for shale wells. The problems NEED to get fixed, now. House Republicans recently introduced a series of five different bills to help address DEP’s chronic delays (see PA House Advances “Fix DEP & Other Agencies” Plan with 5 Bills). No doubt feeling the pressure from the legislature, PA Gov. Tom Wolf on Friday introduced his own plan. Whereas the plan floated by legislators would allow third parties to assist with the backlog, Wolf’s plan is different. In a nutshell, Wolf wants to allocate more money to the DEP so they can hire more help–not third parties. Yeah, that’s the answer! More government. (Yes, we’re being sarcastic.) And what magic pocket will Wolf pull the money from to pay for an increase in head count at DEP, especially since Wolf can’t balance a budget to save his life? Why, from the pockets of the shale industry, of course. Wolf proposes boosting the $5,000 fee drillers now pay when filing to drill a new shale well to $12,500–a 250% (2.5x) increase. You want that permit on time for a change? It’ll cost you, buddy…
    Read More “PA Gov Wolf Floats Plan to Fix DEP Slow Drilling Permits: Hike Fees”

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    After Months of Delay, Atlantic Coast Pipe Gets NC Water Permit

    Atlantic Coast Pipeline path through North Carolina – click for larger version

    On Friday, the North Carolina Department of Environmental Quality (DEQ) issued a federal stream/water crossing permit for Dominion’s $5 billion Atlantic Coast Pipeline (ACP)–a natural gas pipeline that will stretch from West Virginia through Virginia and slice through the midsection of North Carolina, almost to the border with South Carolina. The permit comes more than a year and a half after Dominion and their partners filed an application for it. It is the final “biggie” permit required to construct the project in NC. The Federal Energy Regulatory Commission (FERC) approved ACP last October (see FERC Approves Atlantic Coast, Mountain Valley Pipeline Projects). West Virginia previously issued a water crossing permit for the project, and Virginia recently granted a conditional approval for its water crossing permit. NC was the last domino to fall, and now it has. However, the project is still not out of the woods in NC just yet. First, the DEQ attached all sorts of extra requirements to the water permit they issued. Second, even though a water/stream crossing permit is the biggest and most important permit, NC continues to delay the project by withholding other permits (see NC Continues to Delay Atlantic Coast Pipe, Rejects Part of Erosion Plan). Friday’s water permit issuance was, however, a very positive development–a signal that the rest of the permits although delayed, will be forthcoming. Dominion said it will begin construction in NC (and VA and WV) this year, and finish the project sometime in 2019…
    Read More “After Months of Delay, Atlantic Coast Pipe Gets NC Water Permit”

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    Canada Rejects Discounted Rates for U.S. Shale Gas to New Brunswick

    Maritimes and Northeast Pipeline map – click for larger version

    The Maritimes and Northeast Pipeline (M&NP) runs from Goldboro, Nova Scotia through Nova Scotia and New Brunswick to the Canadian – U.S. border near Baileyville, Maine. The pipeline continues through Maine and New Hampshire into Massachusetts where it connects with the existing North American pipeline grid at Dracut, Massachusetts. It used to be that offshore natural gas from Nova Scotia fed the pipeline, which ran from north to south. But those offshore fields are running low, and the Marcellus/Utica appeared. These days the M&NP runs from south to north–at least part of the system does. One of M&NP’s big customers is Irving Oil, with a refinery and cogeneration (natgas-fired) power plant in Saint John, New Brunswick. Irving is an M&NP customer. However, another pipeline company offered to build a new pipeline to feed Irving Oil’s operations with natural gas, at discount. M&NP said that’s crazy. They want to keep Irving as a customer, so they cut a deal with Irving to import natural gas from the U.S. (in all likelihood, Marcellus/Utica gas), flowing the gas from the Maine border to St. John and Irving’s operation there. The only thing standing in the way is the Canadian National Energy Board (NEB)–which is kind of like our own Federal Energy Regulatory Commission (FERC). The deal offered by M&NP requires NEB approval because it lowers the toll (fee charged) and changes directions to import/flow U.S. gas to Irving. Last week the NEB rejected M&NP’s plan, saying the plan is “premature” because the Maritimes region is facing a period of uncertainty. It is not clear (to the NEB) where natural gas will ultimately come from, and what the market actually needs. Offshore? Canadian fields? Import from U.S.? It’s not yet clear how it will all shake out. So the NEB turned down M&NP’s request. What happens now?…
    Read More “Canada Rejects Discounted Rates for U.S. Shale Gas to New Brunswick”

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    Swamp Fights Back: NRDC Gears Up to File Multiple Lawsuits vs EPA

    Big Green leftists HATED President Richard Nixon (frankly, they hate any/every Republican before and since). They hated Nixon even though he created the Environmental Protection Agency (EPA). Did you know that Nixon created the EPA? And now the EPA’s first-ever Secretary, William Ruckelshaus (a card-carrying member of the swamp dweller’s club) is criticizing current EPA Sec. Scott Pruitt for returning the EPA to its roots–to clean up superfund sites and target polluters. Pruitt has pledged to roll back EPA’s cancerous expansion under Obama, with its wild attempt to regulate anything and everything under the excuse of trying to prevent man-made global warming. Why are we not surprised that a has-been like Ruckelshaus is criticizing Pruitt? Ruckelshaus isn’t the only swamp dweller who hates Pruitt (and yes, hate is the accurate word to use). The National Resources Defense Council (NRDC), one of the worst of the worst so-called environmental groups, recently said it is gearing up to launch dozens (!) of lawsuits against the EPA and Pruitt. NRDC is part of the Washington, D.C. swamp. It seems the swamp doesn’t like getting drained and is fighting back. That’s OK. President Trump loves a good fight. It’s about time somebody took the fight to unelected, Big Government-loving nongovernmental organizations like NRDC. Rather than taking something away, Trump and Pruitt are trying to return the EPA to its original mandate. Make no mistake. At it’s core this is a fight about fossil fuels. Big Green disastrously wants to kill the use of fossil fuels–NOW. Here’ a look at how the swamp is fighting back against Trump’s efforts to drain it…
    Read More “Swamp Fights Back: NRDC Gears Up to File Multiple Lawsuits vs EPA”

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    PHMSA Issues Notice of Probable Violation to ME2 Pipeline in Ohio

    In early January, the Pennsylvania Dept. of Environmental Protection (DEP) told Sunoco Logistics Partners to suspend all work on the $2.5 billion Mariner East 2 (ME2) NGL pipline–from one side of the state to the other (see PA DEP Caves to Big Green Pressure, Stops All Work on ME2 Pipeline). No further digging of trenches, and no more underground horizontal directional drilling (HDD) work can be done “until Sunoco can demonstrate that the permit conditions can and will be followed.” The concern is that ME2 work is violating multiple permits, regulations and court-ordered restrictions. However, not ALL work was stopped. As we learned a week later, the DEP does not control and regulate everything–only the parts where dirt is moved (see Work on Mariner East 2 Continues Following “Stop Work” Order). There’s still work being done, like welding pieces of pipeline together, even today. Often overlooked in the ME2 project is the small part of the pipeline that crosses the border into Ohio. The PA DEP’s stop work order (and regulatory authority) does not extend there. The pipeline in Ohio is regulated by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA). Just coming to light now is a “Notice of Probable Violation” for ME2 in Ohio, issued by PHMSA on Jan. 11th. A PHMSA inspector noticed scrapes, coating damage and a “gouge” that extended into the pipe wall. Chance are none of it makes a hill of beans worth of difference. However, given the pipeline will flow “flammable” natural gas liquids (primarily ethane and propane), anything but a 100% standard of perfection gives antis an excuse to call for a halt to the project, both in Ohio and in PA, which they’re doing…
    Read More “PHMSA Issues Notice of Probable Violation to ME2 Pipeline in Ohio”

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    Analysts Speculate Rover Pipe Will be Delayed Following FERC Order

    Yesterday MDN brought you the news that the Federal Energy Regulatory Commission (FERC) has slapped a stop work order on underground horizontal direction drilling (HDD) for Rover Pipeline at the site crossing under the Tuscarawas River (see FERC Stops Rover Drilling Near River After 200K Gal Mud Disappears). There is tough geography in that area. In April 2017, Rover lost approximately 2 million gallons of nontoxic drilling mud at that location, mud which leaked out of the hole and onto the ground (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). That accident caused a shutdown of all Rover HDD work in Ohio. Work eventually resumed (last year). Work at the Tuscarawas location didn’t resume until last December (see FERC Gives Rover OK to Resume All HDD Work, Incl. Tuscarawas River). But now Rover has lost another ~200,000 gallons of drilling mud in the Tuscarawas borehole. Hence the FERC order. Energy Transfer Partners, the builder of Rover, maintains the entire Rover project will be completed by the end of March. Given the new stop work order with no apparent resolution in sight for how ET plans to overcome the problems at Tuscarawas, industry analysts are now speculating that Rover will not be done by the end of March, as advertised…
    Read More “Analysts Speculate Rover Pipe Will be Delayed Following FERC Order”

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    PA DEP, DCNR on Hot Seat to Defend Budget Surpluses

    Last September, amidst a heated state budget battle in Pennsylvania (where the phrase “severance tax” was on the lips of every Democrat and RINO in Harrisburg), a group of PA House Republicans did the hard work Gov. Tom Wolf and his cronies in the legislature refused to do: They figured out how to fund a wildly overspent budget without raising a single tax (see PA House Introduces Balanced Budget with NO Severance Tax). How did House Republicans do it? They looked at state agencies hording money, with a plan to relieve them of their surplus. When Republicans went looking, they found even the Dept. of Conservation and Natural Resources (DCNR) and Dept. of Environmental Protection (DEP) have been squirreling money away, unused in some of their programs. The House Republican plan from last September was not adopted, but elements of it were included in the final budget. The final budget, passed in October, instructs Gov. Wolf to reallocate $300 million from surpluses at various state agencies–from the agencies of his own choosing–as part of the “funding” for this year’s budget. The House Appropriations Committee held a meeting yesterday to question DCNR Sec. Cindy Dunn and DEP Sec. Pat McDonnell about the use and operation of special funds under their purview–to see if there’s a bit of surplus there that can be used for the state budget. Here’s how it went…
    Read More “PA DEP, DCNR on Hot Seat to Defend Budget Surpluses”

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    SWPA Antis Breathe New Life into Old Zoning Lawsuit

    In November 2015 MDN reported on a zoning court case in Westmoreland County, PA (see 3 Western PA Antis Weigh Appeal of Court Ruling in Zoning Case). Three ladies brought a lawsuit against Allegheny Township because the town approved a permit for CNX Gas–to drill a well on a farm owned by John and Anne Slike. Since the farm is about 1,200 feet from where the ladies live, they objected. The legal argument is interesting. They use the Robinson case decision (Act 13) which ruled that towns have the right to limit/restrict drilling based on zoning ordinances–as long as there’s at least one zone where drilling can take place. The problem (for antis) is that sometimes towns decide the other way–to allow drilling in any zone with a special use permit. The door swings just one way for antis–no drilling. At any rate, we thought the case was long over with. But it’s not. The ladies and their fractivist lawyer appealed. The case is now in Commonwealth Court and, according to an article, because of a recent PA Supreme Court decision, new life has been breathed into the case. The antis are celebrating…
    Read More “SWPA Antis Breathe New Life into Old Zoning Lawsuit”