Regulation

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    New Frack Wastewater Well on the Way in Allegheny County, PA

    The Federal Environmental Protection Agency (EPA), which is the agency in charge of approving oil and gas wastewater injection wells, will hold a hearing next Wednesday in Plum, PA (Allegheny County, near Pittsburgh) on whether or not to approve an application and plan from Penneco Environmental Solutions (division of Penneco Oil Co.) to convert a plugged gas well into a brine (wastewater) injection well. Typically when a hearing like this is held, it’s an indicator that the EPA will approve the project. However, just because the EPA approves it doesn’t mean it’s a done deal. After an EPA approval, the application then goes to the PA State Dept. of Environmental Protection where it goes through another round of reviews–and likely more public hearings. The stuff getting disposed of, which we generically call wastewater, is technically called brine, because of it’s salty/mineral-ly composition. Brine is naturally occurring water from the depths that comes out of oil and gas wells for years after they are drilled. Because of the high concentration of minerals in the water, it either must go through a rigorous recycling process, or get disposed of via an injection well. OH has more than a hundred such wells. WV has a few dozen. PA has less than a dozen, due to the geology needed. Every new injection well in PA is a big deal, including this one…
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    Supporters, Antis Turn Out for 2 NC Public Hearings on AC Pipeline

    This past week, the North Carolina Dept. of Environmental Quality (DEQ) held two public hearings on Dominion’s proposed $5 billion, 594-mile natural gas pipeline that will stretch from West Virginia through Virginia and into North Carolina. One hearing was in Fayetteville, the other in Rocky Mount. Both had more people opposed to the project than for it, although the Fayetteville hearing saw a strong showing of people in favor of the project. The Fayetteville public hearing was held Tuesday, and Rocky Mount on Thursday. Here’s the coverage we could find of the two hearings…
    Read More “Supporters, Antis Turn Out for 2 NC Public Hearings on AC Pipeline”

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    Antis’ Fake Outrage at ME2 Construction “Spills,” Demand Stop Work

    Anti fossil fuelers believe they have a new angle in their years-long war to prevent Sunoco Logistics Partners from building the Mariner East 2 twin pipelines across the state: drilling mud spills. When a pipeline company installs a new pipeline, the vast majority of pipe is laid in trenches. However, there are places (creeks, rivers, wetlands, roadways) where you can’t just dig a trench to lay the pipe. In those cases, you drill underground horizontally, something called horizontal directional drilling (HDD). When you drill through rock, you need drilling mud to cool the drill bit as it chews away. Drilling mud is typically bentonite, a non-toxic clay substance used to manufacture things like toothpaste, cosmetics and kitty litter. The only threat from bentonite is that it can smother aquatic life if enough is spilled. Or it can foul a water aquifer–making the water in your well cloudy for a period of time, until it settles. Such an instance recently happened in Chester County, when Sunoco’s drilling for ME2 fouled an aquifer, causing well water for some 15 homes to become temporarily unusable (see Sunoco Stops ME2 Drilling in Chester County Following Water Issue). Sunoco has agreed to run a nearby municipal water line to the affected homes. Sunoco is using HDD in a number of locations, to avoid disturbing surface structures. Along the way, a few gallons of benonite mud have gotten spilled here and there. Literally just a few gallons. But each time that happens, it must be reported. Big Green groups have gotten ahold of the reports and are now (via mouthpiece organizations like StateImpact Pennsylvania) proclaiming Sunoco has “already” experienced “61 drilling mud spills.” And based on that very misleading number (vast majority just a few gallons), those same Big Green organizations are demanding the Dept. of Environmental Protection’s Environmental Hearing Board close down construction, immediately. Stop all work on the pipeline–to give Big Green groups time to try and block the project permanently…
    Read More “Antis’ Fake Outrage at ME2 Construction “Spills,” Demand Stop Work”

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    DRBC’s Anti-Fracking Chickens are Roosting – PA Slashes Funding

    For the past two years running, the Delaware River Basin Commission, a cooperative organization with five members–Pennsylvania, New York, New Jersey, Delaware and the U.S. Army Corps of Engineers–has received more than half a million dollars per year from PA as its dues to support the anti-drilling organization. The problem is, PA pays its full share, but states like NY and NJ consistently short-change the DRBC. PA Gov. Tom Wolf is a big DRBC fan. Wolf supports the DRBC’s ongoing ban of drilling in the Delaware River Basin–which unfairly denies landowners in Wayne and Pike counties (PA) from benefiting from Marcellus Shale drilling–Wolf’s own constituents. However, the DRBC’s gravy train from PA is now over. Gov. Wolf recently allowed the PA budget to pass, without his signature. Part of the budget bill whacks PA’s contribution to the DRBC to just $217,000 this year–less than half of what is has been getting. The effort to whack the DRBC came from PA representatives in northeastern PA, tired of the ongoing drilling ban. Looks like layoffs are coming to the DRBC. They don’t do a heck of a lot, so why not? Time to toss the bureaucrats out on their rear-ends…
    Read More “DRBC’s Anti-Fracking Chickens are Roosting – PA Slashes Funding”

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    Investment Firm Threatens 2nd Lordstown Electric Plant, $30B @ Risk

    Update: 7/19/17: An MDN subscriber with inside knowledge of what’s happening wrote to MDN to clarify our post. Magna Seating is the car seat manufacturer. They LOVE Clean Energy Future and both plants. In fact, Magna’s union shop chairman has said he will testify in favor of CEF’s second plant at the public hearing being held next Tuesday, July 25th. However, the landlord that owns the building Magna works in–Vienna Investments–is the one attempting to make trouble for CEF in building a second plant. Here’s the kicker: Vienna knew about CEF’s plans for the second plant BEFORE they bought the building Magna works in. Stands to reason if Vienna had an objection, they might have expressed it when they bought the building–or would not have purchased it in the first place. Which makes us wonder, what game is Vienna playing? Why are they objecting now?

    Last June, Clean Energy Future broke ground on the Lordstown (Trumbull County, OH) Energy Center, a Utica Shale-powered electric generating plant that is projected to contribute nearly $1 billion to the local economy (see Lordstown Energy Center Breaks Ground on $890M Electric Plant). Clean Energy Future has also committed to building a second billion-dollar plant at the same location (see Lordstown, OH May Get Second Utica Gas-Powered Electric Plant). According to local economic officials, the two plants, over the next 30 years, will contribute a staggering (incomprehensible!) $60 BILLION to the local economy. We simply don’t have words for this kind of econ benefit for a community like Lordstown and Trumbull County. So it’s understandable that the action of a neighbor in the same industrial park where the plants will get built–a neighbor that manufactures car seats for Chevrolets–is threatening to undo half of that economic benefit by filing to “intervene” in the project with the Ohio Siting Board, regarding the second proposed Utica Shale-powered electric plant. It seems Vienna Investments, which owns the car seat manufacturing plant, is concerned about unspecified “safety” issues with construction of the second plant. Local officials, and the editorial board of Youngstown Vindicator, are somewhat alarmed and “encouraging” (pressuring) Vienna to come clean now about what they’re really concerned about, so it can be addressed and not derail the second plant (and $30 billion worth of income for the region)…
    Read More “Investment Firm Threatens 2nd Lordstown Electric Plant, $30B @ Risk”

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    NY DEC Tells Williams NE Supply Water Permit App is “Incomplete”

    In March of this year, Williams filed a full, official application for the Northeast Supply Enhancement project (see Williams Files with FERC to Expand Transco Pipeline to NYC, NE). The new project is meant to increase pipeline capacity and flows heading into northeastern markets. In particular, Transco wants to provide more Marcellus natural gas to utility giant National Grid beginning with the 2019-2020 heating season. National Grid operates in New York City, Rhode Island and Massachusetts. There are a number of components to the project, but the key component, the heart of the project, is a new 23-mile pipeline from the shore of New Jersey into (on the bottom of) the Raritan Bay–running parallel to the existing Transco pipeline–before connecting to the Transco offshore. Just two days ago we told you about an effort in NJ to oppose it (see Battle Heats Up for NJ-NY Raritan Bay NatGas Pipeline). Much of the Raritan Bay pipeline is located in New York territorial waters. In a case of “here we go again,” the New York Dept. of Environmental Conservation (DEC), which has been corrupted and politicized by Gov. Andrew Cuomo, sent a notice to Williams (to their Transco subsidiary) to declare the application for a 401 water-crossing permit for the Northeast Supply Enhancement project is deemed “incomplete,” pending certain items…
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    Mass. RINO Gov. Baker Orders “Review” of Compressor Station

    [begin political rant] Massachusetts Gov. Charlie Baker is a RINO–Republican in Name Only–and not all that different from another RINO who was once governor of the Bay State: Mitt Romney. We personally find RINOs disgusting. Why don’t they just switch parties and be done with it? Join the Democrats, or if the lib Dems are too far to the left, join the Establishment Party, which is really what they all belong to anyway, regardless of the D or R after their name. [end political rant] Gov. Baker has (surprise!) caved to pressure from radical, insane environmentalists in his state who want to stop a compressor station from getting built in Weymouth, MA. The compressor is part of Spectra Energy’s (now Enbridge) federally-approved Atlantic Bridge project (see FERC Approves Atlantic Bridge Project for New England/Canada). Atlantic Bridge will beef up capacity of the Algonquin Gas Transmission and Maritimes & Northeast Pipeline systems–to move more Marcellus/Utica gas to New England and Canada. The compressor station in Weymouth is situated along the Alogonquin Gas Transmission pipeline. The radicals have been ranting about this project pretty much from the beginning. In February, Massachusetts’ two Democrat U.S. Senators, Ed Markey and the faux American Indian, Elizabeth “Pocahontas” Warren, asked the Federal Energy Regulatory Commission to withdraw its approval of the project (see Mass. Senators Ask FERC to Reverse Atlantic Bridge Certification). Since that time, the radicals have continued their campaign to stop Atlantic Bridge. On July 11th, the Boston Globe ran a “you darned well better find a way to stop this compressor station, Gov. Baker” article, and less than a week later, Baker wilted like a picked flower, and said he will sic various state agencies on the case to try and find a way to slow it down. However, Baker does admit that in the end, the state likely can’t do a thing about the compressor, because it’s a FERC-approved project…
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    Rover Still in Hot Water w/FERC Over Demolishing This Old House

    In May 2015, Rover purchased a house in Carroll County, OH, located near where the pipeline, and a compressor station for that pipeline, is due to run. Rover bought the house to use for offices for several Rover affiliate companies. After buying it, Rover determined the house was “ill-suited for its intended purpose” and decided to demolish it. Problem was/is, that house was under consideration to be added to the National Register of Historic Places. The house was not yet on the list of Historic Places, but was on a list of properties under consideration. Their action in demolishing the house landed Rover in hot water with the Federal Energy Regulatory Commission (see Rover Pipeline in Hot Water Over Demolishing Historic House in OH). FERC said Rover should have reported their decision to demolish the house. Rover had to pay a “fine” of $2.3 million “to a fund administered by the Ohio History Connection Foundation and the State Historic Preservation Office” (see Rover Pipeline Paying $2.3M for Knocking Down Historic OH House). The thing that rankles is that the Ohio History Connection Foundation and its Ohio State Historic Preservation Office is a PRIVATE nonprofit organization–it’s not even a true state agency! At any rate, Rover paid their hush money, so that’s the end of it, right? Wrong. Last week FERC issued a “Staff Notice of Alleged Violations” related to this old house. The notice says Rover “did not fully and forthrightly disclose all relevant information.” FERC also said, “Rover falsely promised it would avoid adverse effects to a historic resource that it was simultaneously working to purchase and destroy.” In other words, we’re not done with you yet…
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    Pres. Trump Finally Nominates Kevin McIntyre to FERC, as Chairman

    Kevin McIntyre

    Last week the White House made official what has been rumored for months: President Trump will nominate Kevin McIntyre, co-leader of the global Energy Practice at the Jones Day law firm, as the fifth (and final) FERC commissioner. He will also make McIntyre chairman of the commission, transferring that role from placeholder Cheryl LaFleur. Trump has nominated three other people to FERC so far–Neil Chatterjee, Robert Powelson and Richard Glick. Chatterjee and Powelson are Republicans, Glick is a Chuck Schumer Democrat pick. It is the Democrats–specifically Senate Minority Leader Chuck Schumer, who are blocking a final Senate vote so that FERC once again has a quorum. Typical swamp politics from the usual swamp dwellers. As we pointed out last week, energy companies and those who invest in them are sounding the alarm that unless at least two of the four are voted on quickly, to restore a quorum, tens of thousands of jobs and billions of dollars will disappear (see Lack of FERC Confirmations Now Critical – $25B & 75K Jobs at Risk). Dems don’t care. It’s politics as usual in Swampville. At any rate, here’s the deets on the final Trump nominee for a currently-hobbled FERC…
    Read More “Pres. Trump Finally Nominates Kevin McIntyre to FERC, as Chairman”

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    Frustrated FERC Gives Rover Todo List, HDD Drilling Still Blocked

    Yesterday the Federal Energy Regulatory Commission (FERC) sent a letter to Energy Transfer regarding the Rover Pipeline project. You may recall that Rover hit some bumps along the way in its aggressive schedule to get part of the pipeline up and running by the end of this month, and the rest operational by the end of November. In Ohio, Rover experienced a series of mishaps, the most serious of which spilled 2 million gallons of non-toxic drilling mud in a swamp near the Tuscarawas River back in April (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). An investigation by the Ohio Environmental Protection Agency (OEPA) found the presence of diesel fuel in the drilling mud, which means the mud wasn’t so non-toxic after all (see OH EPA Says Diesel Fuel Found in Rover 2M Gal Drilling Mud Spill). Since that time, FERC has stopped all new underground horizontal directional drilling (HDD) for the Rover project. Rover has asked FERC, several times, for permission to restart the HDD work–at least in a few select locations. In this latest letter from FERC, the agency slaps Rover around and says, (1) you still can’t start HDD, (2) we (FERC) are still investigating the 2 million gallon spill, and you (Rover) are not helping–because Rover hasn’t provided key personnel for interviews by FERC, and (3) you (Rover) need to dispose of the diesel-tainted drilling mud in an approved landfill before we’ll even consider restarting your HDD activities. The letter closes with a paragraph that says, essentially, “We’re watching you.” We have the FERC letter below, with its 4-point todo list for Rover, along with analysis of the letter and the current status of Rover…
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    Mich. DEQ Rejects Stop Rover Request, Senators Appeal to FERC

    Isn’t it interesting how a small-but-mouthy group of anti-fossil fuelers can drive a media narrative? Just two days ago MDN told you about a meeting of 100 (likely far less) anti-fossil fuel protesters in Dexter Township, Michigan, who rallied to protest the impending construction of the Rover Pipeline in that area (see Mich. Rover Protesters Illustrate Irrational Anti-Fossil Fuel Psychosis). Our point in that post was to highlight the sad lack of brainpower in the anti movement. One young speaker said they were there to protest “all extraction industries”–including oil and gas. She is woefully ignorant of just how much her life is tied to extraction industries. At any rate, the small group, and the Big Green groups (with deep pockets) using them as puppets, have had an impact. Earlier this week, an attorney supposedly representing residents from the Silver Lake area (Dexter Township) filed an “URGENT Request for Stop Work Order on wetlands trenching, ET Rover Pipeline” with the Michigan Dept. of Environmental Quality (DEQ). The DEQ politely told him, “No.” And so the small group of antis using Big Green money appealed to their two Democrat U.S. Senators, Gary Peters and Debbie Stabenow, for help. The two Dem Sens promptly sent a bloviating letter to the Federal Energy Regulatory Commission (FERC), asking for a temporary stop work order in the Silver Lake area…
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    PA PUC Rejects West Goshen Appeal, ME2 Building Valve Station

    West Goshen Township, in Philadelphia suburb of Chester County, has failed yet again to stop Sunoco Logistics’ Mariner East 2 NGL pipeline in its community. Last March MDN told you about the desperate last stand taken by liberal anti-pipeliners in West Goshen (see West Goshen’s Last Stand to Stop Mariner East 2 Pipeline). West Goshen signaled it would deny Sunoco a zoning permit for a valve on the pipeline. Sunoco politely, but firmly, told West Goshen the pipeline doesn’t need a permit from the town to install a valve because it’s a state-permitted project. Sunoco said it would move forward at the appropriate time with a valve installation. Last week West Goshen tried again, by filing a 135-page petition with the state Public Utility Commission on Monday, asking the PUC for an emergency order to stop construction of the new valve station that Sunoco is set to begin work on any time (see West Goshen Pulls Legal Stunt in Attempt to Stop ME2 Pipeline). The PUC has now responded to West Goshen: NOPE…
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    West Goshen Pulls Legal Stunt in Attempt to Stop ME2 Pipeline

    Last March MDN told you about the desperate last stand taken by liberal anti-pipeliners in West Goshen Township, in the Philadelphia suburb of Chester County (see West Goshen’s Last Stand to Stop Mariner East 2 Pipeline). West Goshen signaled it would deny Sunoco a zoning permit for a valve on the pipeline. Sunoco politely, but firmly, told West Goshen the pipeline doesn’t need a permit from the town to install a valve because it’s a state-permitted project. In other words, go pound sand. Sunoco said it would move forward at the appropriate time with a valve installation. Sunoco requested assurances from West Goshen that the town would not send in a local cop to stop them. West Goshen hasn’t sent a cop (yet), but they did file a 135-page petition (full copy below) with the state Public Utility Commission on Monday, asking the PUC for an emergency order to stop construction of the new valve station that Sunoco is set to begin work on any time…
    Read More “West Goshen Pulls Legal Stunt in Attempt to Stop ME2 Pipeline”

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    Lack of FERC Confirmations Now Critical – $25B & 75K Jobs at Risk

    The lack of a quorum (enough voting members) for the Federal Energy Regulatory Commission (FERC) is has gone beyond amusing and angering–it’s now critical. Early in the new Trump presidency we noted the curious behavior of liberal Democrats, who are also virulent anti-drillers, in their hammering of Trump over lack of nominating people to FERC (see Anti-Drilling Democrats Ask Pres. Trump to Fill Up FERC and Senate Democrats Send Letter to Trump Requesting New FERC Members). We said at the time it doesn’t make sense. If FERC is out of action and can’t approve new pipeline projects, that’s a good thing, for lib Dems who hate fossil fuels. So why would they want FERC back up and running? We finally figured it out. They simply wanted nominees so they could grandstand and try to stop the nominees they demanded in the first place from actually getting confirmed (see Now We Know: Lib Dems Wanted FERC Nominees for Grandstanding). After the nominees came through and were approved by the appropriate Senate Committee, Senate Democrat Minority Leader Chuck “the schmuck” Schumer pledged to hold up a final Senate vote. And since that time, he has. Energy company CEOs are now warning if FERC commissioners are not confirmed by the August break, it will jeopardize up to $25 billion in investments, and 75,000 jobs. The money is going to disappear, and along with it, many vitally important pipeline projects waiting for approval. It’s time to tell the Dems to allow the vote to proceed, or find a way around their sleazy blockade…
    Read More “Lack of FERC Confirmations Now Critical – $25B & 75K Jobs at Risk”

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    Ohio EPA Asks Ohio AG to Force Rover to “Comply” and Pay $914,000

    Sounding eerily like a Borg drone from Star Trek (“YOU WILL COMPLY, RESISTANCE IS FUTILE”), the Ohio EPA (OEPA) has asked Ohio’s Attorney General, Mike DeWine, to force Rover to pay the Ohio EPA $914,000 in so-called fines it has unilaterally levied (with no apparent authority to do so) to punish Rover for a series of accidents while constructing the pipeline. Rover has not agreed to the fines and is challenging the OEPA’s authority to levy them. So the OEPA is asking DeWine to use the full weight and force of his office to force Rover to comply. Rover has had the pedal to the metal since receiving a go-ahead from the Federal Energy Regulatory Commission (FERC) in March to begin construction to build a 711-mile natural gas pipeline from PA, WV and eastern OH through OH into Michigan and eventually into Canada (see FERC Green Lights Rover Pipeline Construction). Perhaps by going a little too fast, Rover experienced some problems along the way, the biggest being a 2 million gallon leak of drilling mud into a swamp (i.e. “wetland”) near the Tuscarawas River in April (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). Since that time, the OEPA and Rover have been on the outs, with the OEPA attempting to assert itself in a role that frankly, it doesn’t legally possess. The Rover project has federal, not state, oversight. This latest move by OEPA is an escalation in the ongoing disagreement over OEPA’s role, and their demands for money from Rover. It almost seems as if Craig Butler, head of the OEPA, is on a personal mission to stop this pipeline from getting built…
    Read More “Ohio EPA Asks Ohio AG to Force Rover to “Comply” and Pay $914,000″

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    Westmoreland Zoning Challenge re H&H Wells Closer to Resolution

    Huntley & Huntley has plans to drill shale wells in Upper Burrell Township (Westmoreland County), PA. As MDN reported in June, a landowner in Upper Burrell filed an appeal against Upper Burrell’s zoning ordinance that allows drilling in rural, agricultural districts (see Westmoreland Zoning Challenge Heads to Court, Delays H&H Drilling). H&H plans to drill a well near where this woman lives, and she’s arguing such drilling will violate the state’s environmental rights clause and (more importantly), “devalue her property.” The case was supposed to go to township’s Zoning Hearing Board, but all of the (many) lawyers involved agreed to instead move it to county court, making the process faster and less expensive. The only potential problem with that is the judge may decide to hold off on a decision until two similar cases are heard and decided by the PA Supreme Court. However, the judge is not waiting. A recent media report states the judge will make a decision in the case “next month” (meaning in August) about whether or not the town can issue conditional use in agricultural-residential zoning districts…
    Read More “Westmoreland Zoning Challenge re H&H Wells Closer to Resolution”