Regulation

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    DRBC Drops Permanent Frack Ban Bomb – Public Hearings in January

    We knew it was coming. We told you back in September that the obsequious members of the Delaware River Basin Commission (DRBC) will slavishly obey 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 yesterday by the DRBC. In dropping their bomb, the DRBC said (with no proof) that fracking “poses significant, immediate and long-term risks” to the waters in the basin. Then they declared, by fiat, that “High volume hydraulic fracturing in hydrocarbon bearing rock formations is prohibited within the Delaware River Basin.” Of course the Federal Court of Appeals for the Second Circuit may have another take on that (see DRBC Lawyer Nearly Faints 2nd Time When Questioned by Fed Judges). What happens now? Aside from the lawsuit cooking in the background to challenge the DRBC’s jurisdiction over fracking, the bureaucrats will hold a series of four public hearings in two locations–i.e. circus freak shows–where THE Delaware Riverkeeper herself and others will make pompous jerks of themselves and try to drown out landowners who want to express opposition to this injustice. Below we have a copy of the proposed regulation the lawless DRBC intends to adopt by fiat early next year, the list of public hearings (pro-gas needs to show up in force!), and reaction from antis and the industry…
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    PA DEP Signals Onerous New GP-5 & 5A Methane Regs Coming 1Q18

    Yesterday 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. The onerous regulations were originally prompted by bullying from the Obama Environmental Protection Agency. Even though EPA pressure has disappeared under President Trump, PA Gov. Wolf still intends to push forward with these onerous and unnecessary regulations. Unnecessary? Really Jim? Yes, really. See our companion story today that a new Penn State study has found very small amounts of methane escape from Marcellus well pads and pipelines (see Penn State Study Finds Very Little Methane Leaks from Shale Infra.). Makes no difference. Wolf is set on this course and will attempt to ram it through, to win brownie points with his unhappy enviro left supporters, ahead of next year’s election. The DEP held a webinar yesterday to discuss this latest version of GP-5 & 5A, and lay out a timeline (early next year) for adopting it…
    Read More “PA DEP Signals Onerous New GP-5 & 5A Methane Regs Coming 1Q18”

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    NC Plays “Death by a Thousand Questions” with Atlantic Coast Pipe

    North Carolina has a Democrat governor. The state Dept. of Environmental Quality (DEQ) is an executive branch agency. So it’s no surprise to learn that the DEQ has turned antagonistic toward Dominion’s $5 billion, 594-mile Atlantic Coast Pipeline (ACP)–a natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. In October the DEQ rejected the plan submitted by Dominion for the pipeline project, claiming the erosion and sediment control plan is not up to snuff (see NC DEQ Rejects Plan for Atlantic Coast Pipeline – What’s Next?). Since that time Dominion has been back and forth with the DEQ. On Wednesday the DEQ sent Dominion a fourth round of questions. Dominion has 30 days to respond, and the DEQ another 60 days after that to respond to the response. Bingo, another 90 days gone, just like that. What this appears to be is “death by a thousand cuts,” or in this case, “death by a thousand questions”…
    Read More “NC Plays “Death by a Thousand Questions” with Atlantic Coast Pipe”

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    FERC Acting Chairman Vents About Big Green Groups Blocking Pipes

    FERC Acting Chairman Neil Chatterjee

    You know why Donald Trump is so popular out here in “flyover country,” where there are real, hard-working Americans? Because he’s not afraid to speak his mind. He doesn’t bother with appearances and inside-the-Beltway decorum where swamp dwellers never say what they really mean or think. Trump just says it–Tweets it, says it in speeches, in meetings. We love it! And we think more people in government should behave like Trump and just say what they really think. It looks like we have someone doing just that–a Federal Energy Regulatory Commission (FERC) member, no less! Acting Chairman of FERC, Neil Chatterjee, had the temerity to tell the truth at an industry meeting yesterday. Chatterjee said that national enviro groups (antis) are using the legal system to delay approval of natgas pipeline projects. Er, a, OK. There’s really no mystery there. No revelation. No speaking out school. But the very fact that he said it has enviro antis up in arms–that he dared to simply utter the truth. Reuters is all concerned because uttering such truths is “rare for a regulator”–like maybe we should check Chatterjee to see if he has a fever. Since some of the worst of the worst–the Sierra Club and 350.org–have been repeatedly suing FERC (dozens of lawsuits!), it stand to reason (says Reuters), Chatterjee is talking about (gasp) those very groups! Ding ding ding ding. Give that Reuters reporter a prize. Chatterjee does, however, see a silver lining to all of these lawsuits: “Ultimately, lengthier approvals mean projects are better able to withstand legal challenge.” And that just ticks off the radicals all the more…
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    Canadian Antis Threaten to “Defend” Against Quebec Utica Drilling

    Advocating for anarchy (a doing away of laws and letting the mob rule) is not unique to radical environmentalists in the United States. Such anarchy is alive and well in the Canadian environmental movement too. The Utica Shale, which underlies much of the Marcellus Shale, also underlies part of Canada’s Quebec province. From time to time we highlight news concerning the Utica in Canada. There hasn’t been much news to highlight over the years since Quebec has had a moratorium on fracking since 2012. But as we reported in December 2016, something of a minor miracle happened–the Quebec National Assembly voted to pass Bill 106, ostensibly to support Quebec’s “clean power plan” (see Fracking in Canadian Utica Shale Takes Big Step Closer to Reality). The bill includes a section that “lays out a framework for oil and gas development” in Quebec. Then in September, Quebec did the unthinkable (for radical environmentalists)–they published draft Utica drilling regulations (see Quebec Government Publishes Draft Utica Fracking Regulations). Canadian driller Questerre believes Utica drilling can begin sometime next year (see Questerre Plans 8 Initial Well Pads in Canadian Utica 2018-2019). That news has antis in Canada going berserk. They’re now threatening that “the public will defend itself” if drilling is allowed. What do they mean by that? Sure sounds like a threat to us…
    Read More “Canadian Antis Threaten to “Defend” Against Quebec Utica Drilling”

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    PA DEP Makes Another Run at Onerous New GP-5 & 5A Methane Regs

    In December 2016, the Pennsylvania Dept. of Environmental Protection (DEP) unveiled new regulations to clamp down on methane emissions and other other air pollution that allegedly comes from shale drilling sites (see PA DEP Releases New Regs re Methane & Air Pollution at Drill Sites). The onerous new regulations, not in effect yet, were originally prompted by bullying from the Obama Environmental Protection Agency. Even though EPA pressure has disappeared under President Trump, PA Gov. Wolf still intends to push forward with these onerous (frankly, disastrous) regulations. According to the DEP, the proposed General Permit 5A (GP-5A) and the revised General Permit 5 (GP-5), will “establish updated Best Available Technology (BAT) requirements for the industry regarding air emission limits, source testing, leak detection and repair, recordkeeping, and reporting requirements for the applicable air pollution sources.” After some final tweaks, the DEP released draft versions of the new permits (i.e. regulations) in February (see PA DEP Seeks Public Comment on Regs for Methane, Compressor Stns). The Marcellus Shale Coalition, among others, strongly pushed back on these unnecessary and costly regulations (see MSC Tells PA DEP What it Thinks of Onerous New Methane Regs). Following the pushback, there was a lull in activity. The lull is now over. Out of the blue, the DEP announced it would conduct a webinar tomorrow, Thursday. The announcement (below) indicates the DEP will provide “details of the updated GP-5 and new GP-5A general permits.” Is this yet another set of revisions to try and make these onerous regs more palatable? Or just an elaborate snow job to resell the same old onerous regs they already tried to foist on the industry?…
    Read More “PA DEP Makes Another Run at Onerous New GP-5 & 5A Methane Regs”

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    Rover Ignores Shrill Ohio EPA, Asks FERC to Continue HDD Drilling

    On Monday MDN brought you the news that Captain Ahab, er, a, Ohio EPA director Craig Butler, had demanded Rover Pipeline stop all horizontal directional drilling (HDD) work now under way in the state because another (tiny, 200 gallon) drilling mud spill happened on November 16th (see Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop). Butler sent a letter to Rover and has also sent it to the Federal Energy Regulatory Commission (FERC) in yet another attempt to get FERC to halt work on the Rover project. Yesterday Rover thumbed its nose at Butler and instead asked FERC for permission to not only continue all current HDD work, but to begin new HDD work at several more locations in Ohio. Moby-Dick strikes back. Take that, Captain Ahab!…
    Read More “Rover Ignores Shrill Ohio EPA, Asks FERC to Continue HDD Drilling”

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    PA Supreme Court Hears Arguments in EQT Wastewater Leak Case

    Buckle up while we explain the background for this story. In October 2014, the DEP fined EQT a whopping $4.53 million for a leaky wastewater impoundment in Tioga County, PA (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 is 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 matter–that is, sour grapes. EQT appealed the fine and the case all the way to the PA Supreme Court. In December 2015, the high court handed EQT a “procedural victory” by saying EQT has a point about the manner in which the DEP is calculating the fine (see PA Supreme Court Gives EQT “Procedural Victory” in $4.5M Fine Case). The Supreme Court sent the case back to a lower court, PA Commonwealth Court, for follow up work, and in January 2017, a three-judge panel ruled that the method the DEP currently uses to assess fines–by how many days pollution lingers, instead of by how many days the initial release of pollution lasted–is not legal nor common sense (see EQT Wins Court Case Against PA DEP re $4.5M Wastewater Leak Fine). The judges said such a method in fining, “would result in potentially limitless continuing violations.” Under the old way of calculating fines, the DEP was considering upping the fine on EQT to an insane $157 million. Calculating it under the new way will mean a fine of around $120,000. Not long after that ruling, the Environmental Hearing Board, a special “court” set up to hear appeals of DEP decisions, decided to reduce the original $4.5 million fine down to $1.1 million (see PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M). We thought that would be the end of it. But no! Both the DEP and EQT appealed the matter back up to the PA Supreme Court and yesterday the Supremes heard the case once again…
    Read More “PA Supreme Court Hears Arguments in EQT Wastewater Leak Case”

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    TransCanada Says FERC Approval for Mountaineer XPress May Slip

    In July 2017, the Federal Energy Regulatory Commission (FERC) issued a favorable final environmental impact statement (EIS) for both the Mountaineer XPress and Gulf XPress projects (see FERC Issues Favorable Final EIS for Mountaineer/Gulf XPress Pipes). Both projects are part of Columbia Pipeline Group (now owned by TransCanada), expansions of the Columbia Pipeline system. A favorable EIS means it’s a foregone conclusion that FERC will issue a certificate for the project to proceed–at some point. Mountaineer XPress includes 165 miles of new pipeline with approximately 2.7 billion cubic feet (Bcf) per day of transportation capacity from existing and future points of receipt along or near the Columbia pipeline system–most of it located in West Virginia. Gulf XPress consists of constructing seven new midpoint compressor stations along the existing Columbia pipeline system in Kentucky, Tennessee and Mississippi, with the aim of moving an additional 875 million cubic feet (MMcf) of Marcellus/Utica gas per day southward, to the Gulf Coast region. So far FERC has not given these two important Marcellus/Utica projects the final go-ahead. During TransCanada’s annual investor day webcast yesterday, Stan Chapman, president of TransCanada’s US natural gas pipelines business told investors (and the public) that although they had hoped for FERC approval by the end of this year, it’s now likely the approval will “slip into January”…
    Read More “TransCanada Says FERC Approval for Mountaineer XPress May Slip”

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    CELDF Ballot Measure Seeks to Ban Utica Shale in All of Ohio

    The ultra-radical group from Pennsylvania called the Community Environmental Legal Defense Fund (CELDF) is devoted to stirring up anarchy and lawlessness, not only in Pennsylvania but elsewhere, like Ohio. CELDF has launched a campaign to amend the Ohio State Constitution. Two CELDF ballot initiatives (full text below) would amend the Constitution to make it legal for local communities to usurp the state’s role in regulating oil and gas. We’ve written plenty about the CELDF, which is behind a number of bizarre lawsuits like the one claiming that an ecosystem is a “person” with rights (see CELDF Loses Case to Represent Ecosystem – Turtles Disappointed). One of the CELDF Ohio ballot initiatives would give ecosystems standing as people. Yeah, out there. CELDF hasn’t been able to get these kinds of ballot measures passed in Youngstown. They’ve tried and failed six times (see Youngstown, OH Frack Ban Ballot Measure Defeated for 6th Time). If they can’t get it passed once in a single municipality, what makes them think it will pass statewide? Who knows?! They obviously have money to burn and will do so in an effort to pass these two horrible amendments to the State constitution. The net effect of passing them would be to shut down Utica Shale drilling in many locations, and block pipelines in most locations. Passing these initiatives would bring chaos and disaster to the state. We seriously doubt Ohio’s politicians will let it happen–but then we just suffered through eight years of Barack Hussein Obama and a Congress that refused to make him obey the law. So anything can happen, which is why we’re raising the alarm. The unfortunate news is that Ohio’s Attorney General, a RINO, has “certified” both ballot initiatives. What that means is that if the nutters from CELDF get at least 305,591 signatures, the two initiatives will go on the ballot next November. Are there at least 305,591 whack jobs in the Buckeye State? We’re about to find out…
    Read More “CELDF Ballot Measure Seeks to Ban Utica Shale in All of Ohio”

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    Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop

    In September MDN told you about Craig Butler, director of the Ohio Environmental Protection Agency (OEPA), that Bulter had gone off the rails on a power trip, claiming OEPA has the power to regulate the federally regulated Rover Pipeline project (see Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe). Butler is fining Rover for a string of some major, mostly minor drilling mud spills related to underground horizontal directional drilling (HDD). Earlier this month Butler fleeced the Ohio Attorney General into suing Rover (see OH EPA Director Manipulates Atty General to Sue Rover Pipeline). Like Captain Ahab obsessed with Moby-Dick, Butler continues his quest to stop Rover. Butler’s latest attempt is to “request” (i.e. demand) Rover stop all HDD work now under way because another drilling mud spill happened on November 16th. The latest spill (called an “inadvertent return”) was 200 gallons and ended up in the Black Fork Mohican River in Ashland County. For new MDN readers: drilling mud is bentonite clay–the same stuff used to make kitty litter, toothpaste and cosmetics. It’s nontoxic and perfect safe for the environment–unless there’s a lot of it, and then it can smother critters like salamanders and fish. But honestly, 200 gallons of it is NOTHING. Butler sent a letter to Rover and has also sent it to the Federal Energy Regulatory Commission (FERC) in yet another attempt to get FERC to halt all Rover HDD work…
    Read More “Ohio EPA Continues Vendetta Against Rover Pipe, Demands HDD Stop”

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    DRBC Lawyer Nearly Faints 2nd Time When Questioned by Fed Judges

    This is getting pretty old, fast. Two weeks ago MDN told you about a lawsuit that finally got it’s day in court–a case brought by a Wayne County, PA landowner against the Delaware River Basin Commission (DRBC) over its ongoing, 10+ year ban on fracking in the Delaware River Basin (see DRBC Attorney Faints in Federal Court During Questioning). Under “heaving questioning” the attorney for the DRBC fainted in the court room, ending the session that day. Both sides were back in court yesterday to finish what began two weeks ago, and the judges once again turned up the heat on the DRBC attorney–and he almost fainted again, having to sit down (delaying proceedings for a time). Every time this lawyer gets tough questions that he doesn’t like, he pulls this fainting routine. Is it legitimate? Does he have a “condition?” Frankly, we don’t care. His “condition”–if that’s what it is–keeps blocking justice. If he’s not up to the job, remove him. Get someone who can handle the pressure. At least the session yesterday finished. Oral arguments are now done. MDN friend Tom Shepstone listened to a recording of the session and filed a fantastic report, recounting the back and forth–and how the DRBC’s defense collapsed (metaphorically) under the sharp eye of the judges doing the questioning. The DRBC and its shill leader Steve Tambini (a MAJOR disappointment since he was appointed in 2014) were exposed yesterday as the obstructionists they are…
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    FERC Approves WB Xpress Pipeline Across WV, VA

    The Federal Energy Regulatory Commission (FERC) on Friday granted final approval for Columbia’s WB Xpress pipeline project. In Jan. 2016, Columbia Pipeline Group (now owned by TransCanada) filed a full, official application with FERC for the $850 million WB XPress Project (see Columbia Pipeline Files to Build $850M WB XPress Project in WV/VA). WB XPress consists of two new compressor stations, 26 miles of pipeline replacement located along existing corridors (11.6 miles of it in Monongahela National Forest), and 2.9 miles of new pipeline in Virginia and West Virginia. The WB XPress Project will expand capacity of the Columbia Gas Transmission pipeline system in the region by 1.3 billion cubic feet per day (Bcf/d), linking Marcellus gas supplies to new markets. FERC issued a favorable environmental assessment for the project in March of this year (see FERC Gives Columbia WB XPress Enviro Thumbs Up). In September, the U.S. Forest Service gave their blessing (see WB XPress Pipeline Gets Important USDA Approval for Natl Forest). And now the fat lady has sung: FERC has issued a final approval for the project, meaning the next step is for construction to begin…
    Read More “FERC Approves WB Xpress Pipeline Across WV, VA”

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    Sunoco Continues to Rack Up ME2 Drilling Mud Spill Violations

    Sunoco Logistics Partners (part of and owned by Energy Transfer Partners) has had its fair share of “inadvertent returns” (i.e. leaks of drilling mud) while drilling underground for the Mariner East 2 pipeline project that stretches across the width of Pennsylvania. Some would say Sunoco has had more than its fair share of mud spills. Bear in mind that drilling mud is otherwise known as bentonite–the nontoxic clay mixture used to cool the drill bit as it chews away underground. Bentonite is the same chemical compound used to make kitty litter, toothpaste and all sorts of cosmetics. It’s totally safe for the environment–unless you spill a lot of it and smother little critters like salamanders and fishies. When installing a pipeline, you don’t just dig a trench across a roadway or dam up a creek or river. Instead, you use horizontal directional drilling (HDD) to dig under it. ME2 is some 350 miles long, so there are a number of places where HDD must be used. There are always small drilling mud spills, or inadvertent returns, associated with HDD work. However, Sunoco has had, at last count, 96 such instances (see the list below). Antis seek to make the most of each and everyone spill episode. The most recent such spill is associated with a sink hole believe caused by HDD drilling in Delaware County last week (see ME2 Drilling in Delaware Co. Creates Small Sinkhole, Antis Swarm). The PA Dept. of Environmental Protection (DEP) sent a notice of violation for last week’s mud spill (see it below). DEP officials admit they are somewhat overwhelmed with trying to keep an eye on the project and are considering “additional enforcement” actions against Sunoco LP for ME2…
    Read More “Sunoco Continues to Rack Up ME2 Drilling Mud Spill Violations”

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    Smith Twp Votes Down Plan to Expand MAX Bulger Marcellus Landfill

    In a disappointing development, the supervisors of Smith Township (Washington County), PA have voted to turn down MAX Environmental’s request to expand the Bulger landfill they operate in the town (see Marcellus Landfill in Washington Co. Seeks to Expand, Add TENORM). One of the primary customers for the landfill over the past 10 years has been the Marcellus industry–dumping drill cuttings (leftover dirt and rock from drilling) at the landfill. MAX intends to ask the PA Dept. of Environmental Protection for a permit to expand the Bulger facility by 21 acres. They also want to begin accepting technologically enhanced naturally occurring radioactive materials, or TENORM, from shale drillers. The first stop is, however, is to get local approval. The DEP wants to see local approval before they consider a state approval. Until now, the word coming from the supervisors is that they were duty-bound to approve the request, as long as “reasonable conditions” were made in the request. The town held several public hearings about the project. Apparently some local loudmouths got to the supervisors and spooked them. At a meeting last Thursday night the supervisors voted 3-0 against approving the request. MAX said they will wait to get the official document, expected today, before deciding on whether or not to litigate (an almost certainty)…
    Read More “Smith Twp Votes Down Plan to Expand MAX Bulger Marcellus Landfill”

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    USFS Approves Atlantic Coast Pipeline Thru 2 National Forests

    In January 2016 the Obama U.S. Forest Service (USFS) turned down a request from Dominion’s $5 billion Atlantic Coast Pipeline (ACP) project from West Virginia through Virginia and into North Carolina, to pass through two different national forests (see US Forest Service Blocks Atlantic Coast Pipeline in National Forests). USFS refused to grant Dominion a special permit to cross teeny tiny sections of the Monongahela National Forest (MNF) and George Washington National Forest (GWNF) in West Virginia and Virginia respectively. Why? Because of concerns about cow knob salamanders, northern flying squirrels and red spruce trees. Dominion and ACP bent over backwards, forwards and sideways to avoid running through cow nob salamander territory (see Dominion Files Pipeline Route Change to Avoid Salamanders, Swamp). But in the end, the Obamadroids at USFS didn’t like Dominion or their plan. However, there’s a new administration in office now. And with the new administration, USFS has reconsidered and last week granted ACP approval to traverse those teeny tiny sections of MNF and GWNF…
    Read More “USFS Approves Atlantic Coast Pipeline Thru 2 National Forests”