Regulation

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    PennEast Pipeline’s Sole Compressor Station Approved by PA Town

    PennEast Pipeline has just achieved yet another milestone on its way to getting built. At a meeting last Thursday, the Board of Supervisors for Kidder Township (Carbon County, PA) voted 5-0 in favor of issuing a permit to PennEast to site the one-and-only compressor station the 120-mile pipeline will need. Proving yet again that most Pennsylvanians are in favor of this project, contrary to the mainstream/leftist media drumbeat against it. PennEast is a $1 billion primarily 36-inch pipeline from Dallas (Luzerne County), PA to Transco’s pipeline interconnection near Pennington (Mercer County), NJ. The company expects final Federal Energy Regulatory Commission (FERC) approval any week now. There are still a few hurdles left–mostly in New Jersey. But those hurdles are certainly surmountable. The radical Sierra Club and THE Delaware Riverkeeper are adamantly opposed and continue to try and throw up legal (and regulatory) roadblocks. No matter. This important pipeline will get built–and this compressor station approval is one more bit of evidence that it will get built…
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    Marcellus Industry Keeps a Close Eye On 3 Pending Bills in PA

    The Marcellus industry is closely watching three pieces of legislation sitting in the Pennsylvania legislature, bills that the industry fervently hopes do not pass. One of the bills is House Bill (HB) 557, introduced by Rep. Garth Everett, which would amend/fix the Oil and Gas Lease Act to ensure landowners get a minimum royalty of 12.5%, regardless of post-production deductions (see PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time). Another bill is HB 1624, which would slap a 6.5% severance tax on the drilling industry, with an allowance for drillers to deduct the current impact fee they already pay (the equivalent of a severance tax). So in essence, HB 1624 doubles or triples the existing severance tax (i.e. impact fee) to obscene new highs. The third bill is HB 542, the state budget bill for 2017 passed by the Senate (not the House), which would initiate a new 2% severance tax on top of the existing impact fee (see Traitorous PA Senate Republicans Pass Severance Tax Bill). Two of the three bills are unlikely to get passed during this session. The third is a toss-up. Which is which?…
    Read More “Marcellus Industry Keeps a Close Eye On 3 Pending Bills in PA”

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    CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court

    NEXUS Pipeline, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, is about ready to begin construction–any time. NEXUS got final approval for the project from the Federal Energy Regulatory Commission (FERC) in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Last week one of the final remaining hurdles came down when the Ohio EPA granted a water permit for the project (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). The only cloud on the horizon are multiple lawsuits and regulatory requests filed by anti-fossil fuel groups, including CORN (Coalition to ReRoute Nexus, folks we call CORNballs), and the far-left Sierra Club. Both groups have launched lawsuits and regulatory actions against the pipeline. Those efforts, which increasingly are long-shots, continue. Here’s what CORN and the Sierra Club are doing now that Ohio EPA has given the project its blessing…
    Read More “CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court”

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    PA House Member Intros Resolution to Stop DRBC Frack Ban Effort

    Rep. Jonathan Fritz

    Pennsylvania House of Representatives member Jonathan Fritz, Republican from Wayne County, PA, is one of the rising stars in the PA House. MDN editor Jim Willis has met and spoken with Rep. Fritz twice. Great guy. Conservative. Head screwed on straight. Fritz serves areas of both Wayne and Susquehanna counties in the northeastern corner of PA. Does Wayne County sound familiar? It should. It’s one of two counties the radicalized Delaware River Basin Commission (DRBC) wants to ban fracking in (see Governors from PA-NY-DE Vote to Ban Fracking in Dela. River Basin). A few weeks ago, the liberal Democrat governors of three states–PA, NY and DE–had their representatives vote to begin the process of placing a permanent ban on hydraulic fracturing (fracking) within the Delaware River Basin–supposedly because fracking is a threat to some 15 million people who get their drinking water from the Delaware River basin. Just one teeny tiny problem. Fracking IS allowed, and has been happening for over 10 years, in the neighboring Susquehanna River Basin, where over 4 million people get their drinking water. The SRBC (Susquehanna River Basin Commission) wisely does not restrict fracking–they only manage water withdrawals. There have been NO water issues in the SRBC. Yet the libs in the DRBC demand a ban based on a false meme of water contamination risk. Last week, Rep. Fritz introduced House Resolution 515, which (if passed) calls on the DRBC to abandon its efforts to strip away the property rights of people in the DRBC’s jurisdiction by enforcing a frack ban…
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    Canadians Approve TransCanada Pipe Lowball Plan to Compete with M-U

    Looks like begging works. TransCanada, one of Canada’s leading midstream/pipeline companies, cooked up a deal last year to pipe natural gas from Canada’s West Coast to the East Coast in order to fend off cheap supplies of Marcellus/Utica gas that will flow into Canada when/if the NEXUS and Rover pipelines get built (see TransCanada Pipe Drops Price 42% to Compete with Marcellus/Utica). TransCanada dropped their pipeline price to lure drillers by (theoretically) making it less expensive to get gas from Western Canada, some 2,400 miles away, than from the Marcellus, just 400 miles away. The original open season last year was a bust because TransCanada insists on a 10-year commitment (see TransCanada Plan to Lowball M-U Gas Using Canada Pipeline a Bust). TransCanada revived their plan in February. Although it looked almost like the same deal all over again with the same 10-year term and about the same price, TransCanada dropped a minimum amount to be shipped and is letting shippers opt out after five years under certain conditions. The changes worked (see TransCanada Says Plan to Lowball M-U Gas Worked, Shippers Sign Up). The plan needs a bevy of regulatory approvals, the main one being the Canadian National Energy Board (NEB). In hearings before the NEB two weeks ago, the Canadian Association of Petroleum Producers pleaded their case that the plan get approved (see Canadian Drillers Beg NEB to Approve Pipe Plan to Compete with M-U). Without it, western Canadian gas simply can’t compete with cheap, abundant Marcellus/Utica Shale gas flowing north. In somewhat dramatic terms, Canadian drillers claimed the “future of western Canada’s natural gas industry could depend on pipeline company TransCanada winning regulatory approval” of their lowball plan. The NEB bought it, and has just approved the lower rates…
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    Corrupt DEC Bans PA Marcellus Brine in NY, Tightens Other Brine Use

    The Andrew Cuomo-corrupted New York State Dept. of Environmental Conservation (DEC), run by NRDC gang member Basil Seggos, has just slammed the door on New York towns using brine from the Pennsylvania Marcellus. Earlier this week the DEC posted new final regulations as part of “strengthening” the state’s solid waste regulations, referred to as Part 360. Brine is another name for produced water. When you drill a hole deep in the ground, well below the water table (which sits at maybe 200 feet down), over time water from the depths (a mile or more down) will come to the surface. This is not wastewater used in fracking (called flowback), but naturally occurring water (brine). It’s called brine because it contains a lot of minerals–far “saltier” than ocean water. There are a number of ways to dispose of all that water coming out of drilled wells for years after they are drilled–dispose of it via an injection wells, recycle it, or in some cases, treat it and use it as a deicer on roadways. Many towns use brine for that purpose. The DEC’s new regulations stipulate that if a town wants to use brine from conventional oil and gas wells, that’s fine (with certain restrictions). But if the brine comes from a Marcellus Shale well–it’s banned. Keep in mind there is virtually no chemical difference between the two. Which leads us to the conclusion that this is one more very intentional swipe at the shale industry by a state that is closed for business…
    Read More “Corrupt DEC Bans PA Marcellus Brine in NY, Tightens Other Brine Use”

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    Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe

    From the day the first backhoe began digging in Ohio, it has appeared that Ohio EPA director Craig Butler has had a grudge against Rover Pipeline. We’re not saying Rover hasn’t had its fair share of environmental transgressions that need to be monitored and rectified. But Butler has been on a one-man mission to punish Energy Transfer, the builder, demanding (without legal authority) insanely high “fines” from ET Rover. At first it was $400,000. Then $900,000. Now Butler says ET owes the state $2.3 million! Butler is trying to draw in Ohio’s Attorney General into the confusion in order to shake down Energy Transfer and make them pay. Yesterday Butler held a conference call with the media (MDN wasn’t notified/invited) where he made wild allegations. What seems to have precipitated Butler’s media bender is a decision by the Federal Energy Regulatory Commission (FERC) on Monday to allow ET to resume horizontal directional drilling (HDD) in most Ohio locations, after banning it for several months (see FERC Lifts Rover Horizontal Drilling Ban, Pipeline Work Resumes). On yesterday’s call Butler said, “I’m not overly happy that they’re [FERC] allowing them [Energy Transfer] to restart operations while we [Craig Butler, Ohio EPA] have outstanding issues.” Butler has issues all right. Butler is kind of drunk on his own power. It’s time for someone (maybe the AG?) to investigate Butler and find out if he’s colluding with Big Green groups. Is the OEPA short on money in its budget? Where does the revenue from such fines go? And on what statutory authority can OEPA levy a fine on a FEDERAL project? Inquiring minds want to know…
    Read More “Ohio EPA’s Craig Butler Goes Nuts, Demands $2.3M from Rover Pipe”

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    Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover

    At a staged media event yesterday, Ohio EPA director Craig Butler had no end of insults for Energy Transfer and their Rover Pipeline project, making wild claims that the company now owes the state $2.3 million in fines (see today’s companion story). However, at the same media event, Butler had faint praise for another project–NEXUS Pipeline. The OEPA issued a federal water permit for the project on Tuesday. NEXUS is a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. The project is co-owned by DTE Energy of Detroit and Spectra Energy (now part of Canadian company Enbridge). NEXUS got final approval from the Federal Energy Regulatory Commission in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). At yesterday’s media circus, Butler said he and his agency have learned from their “mistakes” with Rover, and that NEXUS’ application includes much more detailed plans. Although OEPA likes the NEXUS paperwork, the agency is requiring more “contingency and storm water planning” from NEXUS as a condition of the permit…
    Read More “Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover”

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    New MarkWest Processing Plant Approved by Smith Twp in SWPA

    Smith Township, Washington, PA

    In August MarkWest Energy (now part of MPLX) briefed Smith Township (Washington County, PA) officials on plans to build a new natural gas processing plant (see Update on MarkWest Processing Plant Proposal for Smith Twp). The project was first introduced last fall, but then went quiet until May of this year. MarkWest plans to initially building one cryogenic plant and one de-ethanizer at what it calls the Harmon Creek Complex. Eventually MarkWest wants to build four cryogenic plants and two de-ethanizers at complex. Smith officials understandably had questions and wanted certain things in writing before they would consider issuing a “conditional use” permit for the project. Apparently the questions got answered. On Monday, Smith supervisors voted 3-0 to approve the project. However, the backhoes are not firing up just yet. Before the project can get built, the PA Dept. of Environmental Protection must issue an air permit (GP-5) for the project. Anti fossil fuelers were not happy with Smith’s approval, claiming MarkWest has been hiding the full scope of the project…
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    PennEast Pipe Files Water Permit Request with USACE, Antis Erupt

    Click map for larger version

    Last week PennEast Pipeline, a $1 billion, 118-mile pipeline from Luzerne County, PA to Mercer County, NJ, filed a request with the U.S. Army Corps of Engineers for water crossing permits (full copy below). PennEast has faced a series of legal challenges–in particular from virulent Big Green groups THE Delaware Riverkeeper (Maya van Rossum) and the New Jersey Sierra Club (Jeff Tittel). Somehow Big Green groups seem to have been able to exert undue influence over the New Jersey Dept. of Environmental Protection, which rejected granting water permits in June (see NJ DEP Rejects Water Permit for PennEast Pipeline – What’s Next?). However, PennEast continues to make progress. In April the Federal Energy Regulatory Commission (FERC) issued a favorable, final environmental impact statement for the project, which is typically a prelude to issuing a final go-ahead (see FERC Issues Favorable Final EIS for PennEast Pipeline Project). Earlier this year, in February, the Pennsylvania Dept. of Environmental Protection issued a water permit for the project, which is being challenged in court by Big Green groups (see PennEast Pipeline Gets 401 Water Quality Certificate from PA DEP). PennEast acknowledges the Army Corps will still need information from other government agencies before it grants a water permit–but that’s OK. PennEast is simply getting its ducks in row by filing now, which has antis like van Rossum and Tittel in a dither…
    Read More “PennEast Pipe Files Water Permit Request with USACE, Antis Erupt”

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    Rich Homeowners in Philly Suburb Claim ME2 Work Stirring up Arsenic

    Rich, snobbish homeowners in an “upscale” Philadelphia suburb development are asking an appeals court to stop Sunoco Logistics from building the Mariner East 2 pipeline through the edge of their high-priced development because, they claim, the digging is disturbing the dirt (which is what digging does) and disturbing the dirt is causing lead and arsenic to become dislodged. The lead and arsenic are supposedly in the dirt as a result of pesticides used when the land was an apple orchard. The claim is flat out BS–Barbara Streisand. The Andover Homeowners Association in Thornbury Township (Delaware County) is the same group that a few weeks ago acted like five year-olds by intentionally stepping over a painted line put there to protect them from a ME2 construction zone (see Philly Antis Step Over the Line (Literally) at ME2 Pipeline Site). Spoiled rotten children grow up to be spoiled rotten adults. Here’s the latest tactic to stop a pipeline from the gentry class–just because they don’t like how digging a pipeline makes their development look to the neighbors…
    Read More “Rich Homeowners in Philly Suburb Claim ME2 Work Stirring up Arsenic”

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    North Carolina Fracking Commission Postpones First Meeting

    In 2012 the North Carolina legislature cleared the way for the state to allow horizontal fracking of shale (see NC Law to Legalize (and Encourage) Fracking Advances). The law gave state officials two years to come up with rules and regulations to govern fracking in NC. Along the way a lawsuits were launched, slowing things down (see Judge Puts NC Fracking on Hold Pending Outcome of Lawsuit). The case got resolved in January 2016. However, even if a company wants to begin drilling, members of North Carolina’s Oil & Gas Commission, who would approve applications, have not been sworn in (see NC Fracking Remains in Limbo, 5 Yrs After Legislature Approved It). Nine commissioners were appointed by outgoing Republican Gov. Pat McCrory and the Republican legislature–but new Gov. Roy Cooper (Democrat) refuses to swear in the commissioners and allow fracking to begin. One more Democrat who acts like a dictator. Where have we seen that before? No matter. The new Oil & Gas Commission isn’t waiting for Cooper. The Commission scheduled its first official meeting yesterday, in Sanford. Antis accused the agency of “going rogue” (they should talk!). However, at the last minute, on Tuesday, the Commission’s new chairman, Jim Womack, said the first meeting will be postponed until October or November, to give more time for state ethics officials to review economic disclosure statements of commission appointees for potential conflicts of interest. Looks like it will be six years before any fracking takes place in the Tar Heal State…
    Read More “North Carolina Fracking Commission Postpones First Meeting”

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    Quebec Government Publishes Draft Utica Fracking Regulations

    Although the primary focus of Marcellus Drilling News has always been on Marcellus and Utica Shale gas (and oil) as found in the northeastern U.S., the Utica Shale also underlies part of Canada’s Quebec province. And 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 at least as long as New York’s moratorium (NY’s ban as of today has been 9 years, 1 month and 29 days). But as we reported back in December, 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. Fracking will not begin immediately. The bill does, however, mean that new regulations will come along in 2017 and after that, it’s an almost certainty that fracking will begin. Those draft rules have finally been released (full copy of the 266-page document below), nearly 10 months later. Questerre Energy, which owns Canadian Utica leases in Quebec and has long lobbied get the government to allow Utica drilling, shares the good news that we have taken another step closer toward fracking in Quebec…
    Read More “Quebec Government Publishes Draft Utica Fracking Regulations”

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    PA Dem Senator Calls for “Study” to Address DEP Permit Delays

    A Pennsylvania Senator from Wilkes-Barre, John Yudichak (Democrat) has floated a “memoranda” among his Senate colleagues asking them to join him in sponsoring a resolution (copy below) for an “independent performance review” of the state Dept. of Environmental Protection (DEP) and its shale permitting program. Since Tom Wolf assumed office as governor of Pennsylvania in January 2015, the DEP has been in a downward spiral when it comes to the speed with which they approve permits for the Marcellus Shale industry. 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. Lately it has taken the DEP 250 days to issue those permits! Permits related to drilling wells are supposed to take no more than 45 days. Those permits now average 93 days. The DEP is hopelessly backlogged–and it’s getting worse. When PA’s traitorous Republican Senate sold out and signed on to a Marcellus Shale severance tax back in July, the Senate also approved (as part of the budget bill) fixes to speed up the permitting process (see PA Senate’s “Olive Branch” of “Relaxed Regulations” for Drillers). Senators included a provision to have third party contractors–people outside of the DEP–review applications at the DEP, including permits for oil and gas drilling, when the DEP can’t review those applications in a timely manner. There’s also a provision that certain permits, like those granted to drillers for sediment and erosion, will automatically be granted if the DEP drags its feet and doesn’t grant the permit by the current, specified deadline (45 days, with a possible 15 day extension). Since DEP can’t seem to fix its own mess, the Republican Senate is willing to “lend a hand” to help them get it done. Democrats are adamantly opposed to the plan. Enter Yudichak and his plan to “study” the situation. This is nothing more than a typical delay and stall tactic. Appear to be addressing the problem when you really aren’t. To which we say–“too much, too little, too late” Sen. Yudichak. Your guy (Wolf) has had nearly three years to fix it and he hasn’t–it’s time to let the Republican legislature get the job done…
    Read More “PA Dem Senator Calls for “Study” to Address DEP Permit Delays”

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    Congress Needs to Fix State Vetoes of Federal Pipeline Projects

    As we have reported, history was made last Friday when the Federal Energy Regulatory Commission (FERC) overruled the New York Dept. of Environmental Conservation’s (DEC) denial of a water permit for Millennium Pipeline’s tiny 7.8 mile pipeline spur from the main Millennium Pipeline to a natural gas power plant under construction in Orange County, NY (see History Made! FERC Overrules NY DEC on Millennium Pipe Permit). The DEC eventually denied the water permit, but not before taking 19 months to do it. According to federal law, states have a maximum 12 months in which to make a federal Clean Water Act water permit decision. FERC said NY took too long, and therefore waived the permit, allowing Millennium to proceed with construction of the pipeline. The federal law governing all of this was written to give states a voice, but not a veto, of federal pipeline projects. Whether or not a project gets built is NOT up to the individual states–it is up to FERC and (if necessary) the U.S. Court of Appeals. The law specifically foresaw one state denying a project that another state needs and wants. However, rogue states like socialist NY are pushing the bounds of law by denying pipeline projects authorized by FERC. So what if NY rejects a pipeline, denying a water permit, but does so within the 12 month time period? What then? The legal beagles at the Blank Rome law firm address that issue on their environmental blog. Mike Krancer (former PA DEP Secretary), Fred Lowther and Margaret Anne Hill write that it’s time for Congress to act to clarify the law and ensure NY (and other states) cannot block federally approved pipeline projects…
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    Williams Breaks Ground on Atlantic Sunrise Pipe, Ahead of Schedule

    Earth moving has begun for a compressor station in Columbia County. (Williams Partners)

    Well that didn’t take long! Yesterday MDN brought you the fantastic news that the Federal Energy Regulatory Commission (FERC) had granted Williams a certificate/go-ahead to begin construction on Atlantic Sunrise, a $3 billion, 198-mile natural gas pipeline project running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from northeastern PA with the Williams’ Transco pipeline in southern Lancaster County (see FERC Greenlights Construction of Atlantic Sunrise Pipeline). FERC issued their permission to begin construction last Friday. Based on a previous Williams statement, we expected construction to begin tomorrow, on Sept. 20th. However, as soon as Williams had the certificate in their hands, they began construction–LAST FRIDAY. Where? Williams fired up bulldozers at two locations–one in Wyoming County, the other in Columbia County (both in northeast PA), to clear land for two new compressor stations they will build as part of the project. Yesterday both Williams AND Cabot Oil & Gas issued the same press release to announce construction has begun. Interesting that Cabot issued the release too, showing just how important this project is to Cabot’s future (and to their stock price)…
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