Regulation

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    PA DEP Green Lights Wastewater Injection Well in Clearfield County

    Here’s one that flew mostly under the radar. The Pennsylvania Dept. of Environmental Protection (DEP) has just granted final approval for the state’s ninth wastewater injection well to begin operation. The DEP approved Sammy-Mar, LLC’s Povlik #1 injection well, located in Huston Township, Clearfield County, more than two years after the federal Environmental Protection Agency had approved it. Huston Township in Clearfield County, unlike Highland Township in Elk County, and Grant Township in Indiana County, did not oppose the well. You may recall the DEP approved injection wells in Elk and Indiana counties in March, and had to sue the towns involved over their illegal home rule laws that sought to keep the wells out (see PA DEP Issues 2 Wastewater Injection Well Permits, Sues 2 Towns). This time around, Huston Twp wisely decided not to attempt regulating what only the state, by law, can regulate. This injection well will be an important new resource for Marcellus drillers to dispose wastewater…
    Read More “PA DEP Green Lights Wastewater Injection Well in Clearfield County”

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    PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M

    In October 2014, the Pennsylvania Dept. of Environmental Protection (DEP) fined Marcellus driller 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. 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. We thought with that ruling it was all done and dusted. Not so. The soap opera continued when the DEP appealed the Commonwealth Court panel’s ruling back up to the PA Supreme Court where the Supremes will consider it all over again (see DEP Appeals $4.5M Wastewater Leak Fine Against EQT to Supremes). Into this mess, let’s now throw in another wrinkle. While the courts have been grappling with issues of procedure and whether or not the DEP can assess fines the way it claims it can (that is, Constitutional issues), at the same time the matter was brought up before the PA Environmental Hearing Board (EHB), a sort of quasi-court set up to hear appeals of decisions made by DEP. The EHB has decided to adjust the fine down significantly–from the DEP’s initial levy of $4.53 million down to $1.1 million. Here was their reasoning… Read More “PA Hearing Board Reduces EQT Fine from $4.5M to $1.1M”

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    Trump Decision on Leaving Obama Paris Climate Treaty Due Today

    If you live by the sword, you die by the sword. Put another way, if you commit your country to a “treaty” without getting Senate ratification (an illegal act, which Obama did with the so-called Paris climate treaty), then your successor can uncommit. And that, dear reader, is what we earnestly hope President Trump announces today at 3 pm. We extensively covered the Obama railroading of the horrible Paris agreement–that disadvantages the United States–from the beginning (see Paris Climate Treaty Signed by Obama NOT Binding on U.S.). For a while, it seemed as though Trump, who as candidate spoke against the agreement, would reverse course. If the leaks are accurate, that fear is unfounded. As we previously covered, Big Business (including some Big Oil companies) wants Trump to remain in the Paris deal (see Why does Big Oil Continue to Support Horrible Paris CO2 Treaty?). Our thought on that: Those are the same Big Businesses that supported Hillary Clinton for president. Why would Trump listen to them? He shouldn’t. Trump needs to listen to those of us who put him in office and dump this insidious treaty. The one fact mainstream fake news sources refuse to cover: U.S. carbon dioxide output is falling–without this agreement–due to the use of more natural gas. Why should America pay even MORE taxes–to the rest of the world–as called for in the Paris agreement? We shouldn’t… Read More “Trump Decision on Leaving Obama Paris Climate Treaty Due Today”

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    Vermont Gas Pipeline Fined $58K for Killing 77 Sunflower Plants

    How long does it take to lay 43 miles of natural gas pipeline? If you live and work in the socialist paradise of Vermont, it takes at least two years. In May 2015, MDN reported the following: “The fossil fuel hating nutjobs are out in force in Vermont. Anti-drillers who hate fracking because they hate natural gas because natural gas is an evil, nasty ‘fossil fuel’ are trying to stall progress on a 43-mile natural gas pipeline Vermont Gas Systems is laying between Chittenden and Addison counties to deliver clean burning natural gas to Vermonters. Those opposing the pipeline include the wackos from a group called Rising Tide Vermont. But unfortunately, the pipeline is also being opposed by the Vermont Fuel Dealers Association (companies that deliver fuel oil) and opposed by even the socialist Vermont AARP.” (see Vermont Wackos (Including AARP) Oppose 43-Mile Natgas Pipeline). Two years later, and Vermont Gas is STILL laying that pipeline. How sad and how tragic. Here’s the latest twist: Vermont’s contractor, hired to help build the pipeline, “accidentally” mowed down 77 sunflower plants that are (supposedly) “rare” and protected. It will cost Vermont Gas $58,687.50 in fines. That’s $762 for each of the sunflowers mowed down that, according to state officials, will grow back anyway. Excuse us while we spit out sunflower seed shells we’ve been munching on as we write this… Read More “Vermont Gas Pipeline Fined $58K for Killing 77 Sunflower Plants”

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    FERC Responds to Rover Request to Begin Drilling in 2 Locations: NO

    It was full speed ahead for Energy Transfer’s Rover Pipeline construction project in Ohio–until a series of drilling mud spills hit, including one that dumped some 2 million gallons of bentonite mud into a wetland near the Tuscarawas River in Stark County, OH (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). Not long after the Federal Energy Regulatory Commission (FERC) slapped Rover with a “stop horizontal drilling” order (see FERC Slaps Rover Pipeline with Stop Drilling Order). Let’s put that into context. Most of the pipeline getting laid for Rover is in trenches–not from underground horizontal drilling. There are some places along the route when you can’t dig a trench–like crossing a creek or river, or major highway. In those cases, you drill horizontally underground, underneath the object. When drilling, bentonite mud is used to keep the drill bit cool. Sometimes the mud pumped underground finds its way back out again via cracks in the rock. It is those accidents that FERC (and the Ohio EPA) find a little too frequent and voluminous for their liking. So FERC told ET to stop any new underground drilling. Less than a week after FERC ordered ET to stop drilling, ET filed a request with FERC to begin drilling in two locations key to finishing the first leg of the pipeline–locations where the equipment is already in place, and the erosion controls already set up: Captina Creek in Belmont County, OH, where Rover wants to complete the Clarington lateral, and Middle Island Creek in Tyler County, WV, where Rover wants to complete the Sherwood lateral (see Rover Gets Serious About Mud Spills, Asks FERC for OK to Drill). FERC responded to ET’s request to drill in those locations last Thursday: NO…
    Read More “FERC Responds to Rover Request to Begin Drilling in 2 Locations: NO”

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    PA DEP to Hold 4 Public Hearings for Atlantic Sunrise Pipe in June

    Seems like forever we’ve been waiting for the Pennsylvania Dept. of Environmental Protection (DEP) to issue the final permits needed for the Williams Atlantic Sunrise Pipeline project to begin construction. Atlantic Sunrise is a $3 billion, 198-mile 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. The Federal Energy Regulatory Commission (FERC) gave its final seal of approval for the project in February (see Atlantic Sunrise Pipeline Gets Final Approval by FERC). But like NY, PA is holding up the project. The DEP has not, so far, granted necessary permits to allow construction to begin–those permits being Chapter 102 (earth disturbance) and Chapter 105 (waterway and wetland encroachment). Williams embarked on a public relations campaign to enlist support across the state to pressure PA Gov. Tom Wolf and the DEP to grant the permits so construction can (finally) begin. The Wolf DEP is holding up this project and the 8,000 jobs it will create during construction. Williams delivered a petition to Gov. Wolf with the signatures of 3,000 people supporting the project earlier this month (see PA Roars Its Approval of Atlantic Sunrise Pipeline with Petition, Comments). Perhaps that did the trick. Last Thursday the DEP announced four public hearings in June (otherwise known as circus freak shows, where antis parade in front of microphones and behave like asses). The DEP will also accept public comments until June 26. After that, we will hopefully get a swift round of issued permits and the backhoes will start digging… Read More “PA DEP to Hold 4 Public Hearings for Atlantic Sunrise Pipe in June”

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    NJ DEP Keeps Badmouthing PennEast Pipeline

    PennEast Pipeline route through NJ

    PennEast Pipeline is caught between a rock and a hard place in New Jersey, and the NJ Dept. of Environmental Protection (NJDEP) isn’t lifting a finger to help. In April, MDN told you NJDEP has temporarily rejected PennEast Pipeline’s Freshwater Wetlands Individual Permit and Water Quality Certificate application, submitted April 6 (see NJ DEP Temporarily Rejects PennEast Request for Wetland Permits). NJDEP said in their response that PennEast has not provided enough detail about the project–leaving out key pieces of information for two-thirds of the pipeline’s 37-mile trek through NJ. NJDEP says they want the application refiled within 30 days, and if PennEast doesn’t give them what they want within 60 days, the DEP will consider the application “withdrawn.” Here’s the Catch-22: In order to get the details needed via surveys, PennEast needs access to property. But many NJ landowners have been convinced by groups like the odious Sierra Club to deny permission. So PennEast can’t do their surveys to get the details needed for the the NJDEP. Since it’s a federally approved project, NJDEP certainly won’t issue eminent domain to allow PennEast access to survey. For that, PennEast must wait on FERC. It’s rumored that FERC will grant eminent domain sometime this summer for PennEast to allow them the right to access NJ (and PA) properties of holdout landowners. Antis are elated and breathlessly say PennEast will be delayed for months, maybe years (doing things like multi-year surveys on plants). PennEast continues to say the NJDEP’s responses are routine and being handled. Who’s right?…
    Read More “NJ DEP Keeps Badmouthing PennEast Pipeline”

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    Fate of 2 Important Pipelines May Rest in Virginia Governor Race

    Election matters, and elections for governor really matter–at least with respect to shale drilling and pipelines. Here in New York State, where MDN is written, we are ruled by a corrupt autocrat by the name of Andrew Cuomo. Single-handed Cuomo has decided to ban fracking and block new shale gas pipelines (see After 6+ Years, Andrew Cuomo Bans Fracking in New York; NY Gov. Cuomo Refuses to Grant Permits for Constitution Pipeline; and Cuomo’s Corrupt NY DEC Blocks NFG Northern Access Pipeline Permit). So when a Democrat candidate in Virginia to be the next governor vows to block pipelines there, we don’t take it as just electioneering. These people are serious–and dangerous. Our court systems have failed to reign in Democrat autocrats who rule by fiat. It’s up to the people to ensure they don’t get elected. On June 13 Virginia will hold a primary in their gubernatorial race. Since a Democrat has won the governor’s mansion in nine out of the last ten elections, it pays to pay attention to the two leading Dem candidates for governor in Virginia. One of them, former Congressman Tom Perriello, says he’ll block both the $5 billion Atlantic Coast Pipeline through his state, and the $3.5 billion Mountain Valley Pipeline. His opponent, the sitting Lieutenant Governor Ralph Northam, doesn’t outright oppose the projects but instead says they will be put under an extreme review by the Virginia Department of Environmental Quality (DEQ). Just one problem with that: The DEQ says FERC is the one who will monitor and review the project, not the DEQ. In other words, what Northam has been promising is just another empty political promise (surprised?). With a close race, will this late-breaking news from the DEQ tip the balance in favor of the radical Perriello?… Read More “Fate of 2 Important Pipelines May Rest in Virginia Governor Race”

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    5 Climate Jihadists Disrupt Senate FERC Nominee Hearing

    Click for larger version

    Last Thursday the U.S. Senate Energy and Natural Resources Committee held a confirmation hearing for two nominees for the Federal Energy Regulatory Commission (FERC). Neil Chatterjee, energy adviser to Senate Majority Leader Mitch McConnell and Robert Powelson, a Pennsylvania Public Utility Commission member and president of the National Association of Regulatory Utility Commissioners were put through their paces, questioned by Senators for two hours. Getting these men confirmed is a high priority–to restore a voting quorum. Right now there are only two (soon to be one) FERC commissioners. You need three minimum for a voting quorum. When filled, there are five FERC commissioners. During the hearing, extremists from Beyond Extreme Energy attempted to disrupt the hearing with yelling. They were taken out of the room and arrested. These are the same kinds of people Powelson previously called environmental jihadists–those who show up at FERC commissioners’ homes to intimidate them before votes (see Potential FERC Com. Powleson Calls Anti-Fossil Fuelers “Jihadists”). Powelson later walked back his “jihad” statement, sadly. By all accounts the disruptions by the jihadists at the hearing were minor and didn’t (as the nutters had hoped) slow down anything. One jerk handcuffed himself to a chair and the Capitol police whisked him out while the hearing continued, uninterrupted (see the image). Below are accounts of the hearing and what was said, along with a press release from Beyond Extreme Energy…
    Read More “5 Climate Jihadists Disrupt Senate FERC Nominee Hearing”

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    Radical Antis Ask FERC to Stop ET Construction on Rover Pipeline

    Radical environmental groups are seeking to stop the Energy Transfer Rover Pipeline project by using recent violations as leverage. The FreshWater Accountability Project, begun in Ohio after the Muskingum Watershed Conservancy District signed agreements to sell water to the shale industry, along with Michigan Residents Against the ET Rover Pipeline, filed a complaint with the Federal Energy Regulatory Commission (FERC) on Wednesday asking the federal agency to stop all construction on Rover. The request will almost certainly go nowhere–but Rover’s own actions have opened the door to this action. We understand that accidents happen when drilling horizontally underground for pipelines and that sometimes you get an “inadvertent return” (leak) of drilling mud slipping up to the surface. But it’s tough to explain away a 2 million gallon leak (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). It’s also hard to ignore storm water runoff fouling farmers’ fields where Rover is digging trenches (see OEPA & Rover at Odds Over Storm Water Runoff, “Fine” Now $714K). It smacks of a rush job, and that gives the other side an opening in their quest to stop fossil fuel infrastructure projects like Rover… Read More “Radical Antis Ask FERC to Stop ET Construction on Rover Pipeline”

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    MarkWest’s Washington, PA Processing Plant Plans Reactivated

    In October 2016, MDN reported that electric company FirstEnergy had begun construction of a new electric substation in Washington County, PA to provide electricity to “support two natural gas processing facilities being developed in the area” (see Work Begins on $40M Electric Substation in W PA to Help Marcellus). At the time we speculated that at least one of the beneficiaries would be MPLX’s MarkWest Energy subsidiary. We were right. Not long after, NGI’s Shale Daily reported that one of the projects to be served by FirstEnergy’s new substation will be the MarkWest Harmon Creek Complex, a new processing plant that would be built to process natgas for Range Resources (see MarkWest Building New Processing Plant in Washington County, PA). But then all went quiet, when the project went on “indefinite hold.” The hold is now over. MarkWest officials recently attended a Smith Township planning commission meeting (where it will get built) to discuss the project which is now front and center once again. According to MarkWest, plans call for initially building one cryogenic plant and one de-ethanizer. Eventually MarkWest wants to build four cryogenic plants and two de-ethanizers at the Harmon Creek Complex… Read More “MarkWest’s Washington, PA Processing Plant Plans Reactivated”

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    Dela. Riverkeeper Loses Another Court Case Against Marcellus Pipe

    The U.S. Court of Appeals for the District of Columbia Circuit slapped down THE Delaware Riverkeeper in yet another crushing defeat for the virulent anti-fossil fuel organization (and mouthpiece for the William Penn Foundation, its main funder). Even though Williams’ Transco Leidy Southeast expansion project went online some 18 months ago, Riverkeeper sued the Federal Energy Regulatory Commission (FERC) some 14 months ago over its approval of the project (see Dela. Riverkeeper Sues FERC Again – Over Leidy Pipeline Expansion). Leidy Southeast was/is 30 miles of additional pipeline segments laid next to existing pipe, called loops, in Pennsylvania and New Jersey, along with upgrades at several compressor stations. The project bumped up the capacity of the mighty Transco pipeline by an extra 525,000 dekatherms of natural gas per day–enough natural gas to serve 2 million homes. The project means more Marcellus gas now flows south to new markets. Riverkeeper claimed FERC should not have approved the project until PA had issued federal 401 stream crossing permits under the Clean Water Act. It was a “procedural” objection. That is, Riverkeeper claimed FERC did things out of order and should be, we don’t know, shut down? Punished? Flogged? Prevented from doing it ever again? Riverkeeper also went after PA and NJ after they issued the 401 certificates, saying they shouldn’t have. The Third Circuit Court of Appeals (in Philadelphia) rejected that argument last August (see Court Rejects Dela. Riverkeeper Case Against PA DEP Pipe Approval). The new news is that the U.S. Court of Appeals for the District of Columbia Circuit has now rejected Riverkeeper’s case against FERC. The justices said FERC is free to approve projects prior to states issuing 401 certificates because a project approval still doesn’t mean the project will get built–unless the states DO issue those 401 certificates. It all sounds rather complicated to follow. The short version is this: Delaware Riverkeeper lost yet another court case against a pipeline project…
    Read More “Dela. Riverkeeper Loses Another Court Case Against Marcellus Pipe”

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    No LNG Peakshaver for Maine – PUC Declines to Fund Project

    The Maine Public Utilities Commission (PUC) recently declined to help fund a new LNG peakshaving facility in the state, concluding it would not reduce consumer natural gas and electricity prices. Er, a, what’s an LNG peakshaver anyway? Good question! According to industrial engineering company Fives, “LNG peak shaving units are used for storing surplus natural gas, so as to be able to meet the requirements of peak consumption later during the different seasons. Gas distribution companies and local administrations use this application to be more flexible in their consumption of natural gas. Thanks to these Liquid Natural Gas (LNG) peak shaving units, they will be able to face periods of peak consumption during cold winter times and extreme summer heat. Peak shaving can also be used to keep natural gas prices from soaring during periods of high gas consumption.” That helps. They are small LNG plants that kick in when demand for natural gas exceeds supply. There are 44 such peakshaving tanks at 29 locations in the northeast. Last September the Maine legislature authorized the PUC to spend $25 million on leasing capacity at a peakshaving plant, if they could find the right plant to do it. A number of projects were submitted, and the PUC said nyet–they don’t like any of them and don’t think a peakshaver will be needed going forward… Read More “No LNG Peakshaver for Maine – PUC Declines to Fund Project”

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    NG Advantage Virtual Pipeline May be Coming to MDN’s Backyard

    For the past few years MDN has had an eye on a trend we find exciting–“virtual pipelines”–by which we mean facilities that are located along a pipeline that compress natural gas (CNG), load it onto tanker trucks, and then distribute that gas to businesses that are not fortunate enough to be located near a natgas pipeline. With irrational opposition to pipelines rampant, virtual pipelines are a good alternative. We were first alerted to this trend when International Paper’s Ticonderoga mill in northern New York, near the Vermont border, opted for a virtual pipeline from NG Advantage, back in 2015 (see NY Paper Plant Opts for “Virtual” NatGas Pipeline Over Real One). NG Advantage has established a presence throughout New England, most recently adding Maine to their delivery options (see NG Advantage’s “Virtual” NatGas Pipeline to Maine Begins Flowing). In January, a competitor of NG Advantage–Xpress Natural Gas (XNG) set up a virtual pipeline in Susquehanna County, PA–not far from MDN HQ (see Major CNG Virtual Pipeline Coming to Susquehanna County, PA). Imagine our surprise–and delight–to find out that NG Advantage wants to build a virtual pipeline about 9 miles from MDN HQ–along the edge of Binghamton in an adjacent suburb called Port Dickinson! This one flew mostly under the radar. NG Advantage has proposed a new compressor station and tap into the Millennium Pipeline where it crosses the Chenango River. They already have three businesses lined up to buy CNG from the project. Port Dickinson approved the project last night, but it’s still not a done deal yet…
    Read More “NG Advantage Virtual Pipeline May be Coming to MDN’s Backyard”

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    No More “Acting” for Pat McDonnell – Confirmed PA DEP Secretary

    No more “acting” for Pennsylvania’s Secretary of the Dept. of Environmental Protection (DEP). In May 2016, DEP Secretary John Quigley was fired for using a PRIVATE email account to collude with his Big Green friends to try and bully PA’s legislators into supporting his onerous proposed regulations (see Smoking Gun: Copy of the Email that Got John Quigley Fired). Richly deserved. The man who took his place as Acting Secretary is Patrick McDonnell, a 19-year veteran of the DEP. Pat made it clear from the beginning he’d like to move from “acting” to full Secretary. It took Wolf long enough, but finally last September he put Pat’s name forward as permanent DEP Secretary (see Gov. Wolf Nominates Pat McDonnell to Head PA DEP, Finally). We’re not sure what the holdup was, but the PA Senate Environmental Resources and Energy Committee finally held a hearing and grilled McDonnell a few weeks ago, after which the panel voted to recommend he be confirmed (see PA DEP Acting Secretary McDonnell Will Soon Drop “Acting” from Title). We’re happy (we think) to announce that Pat McDonnell was confirmed by a full vote by the PA Senate. The vote was unanimous…
    Read More “No More “Acting” for Pat McDonnell – Confirmed PA DEP Secretary”

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    Trump Budget Axes 31% of EPA Budget, Rightsizes Climate Spending

    Yesterday the Trump White House released a proposed 2018 federal budget. The Trump budget is titled, “A New Foundation For American Greatness.” Trump inherited a $20 trillion deficit and, frankly, a huge, steaming pile of a mess from his predecessor, His Eminence, BH Obama. (The deficit doubled under Obama.) The Trump budget calls for spending $4.1 trillion next year–which is still (disappointingly) higher than this year’s $4 trillion and last year’s $3.8 trillion budgets. As in all budgets, some items are getting the ax, and some are getting more love. On the ax side, Trump plans to trim 31.4% of the Environmental Protection Agency’s budget next year (from this year). The Federal Energy Regulatory Commission (FERC), on the other hand would get a 15.2% increase in its budget. But don’t be deceived. FERC’s increase amounts to $48.4 million–a rounding error in the budget. EPA’s budget next year will be $5.7 billion (down from $8.2 billion this year). In talking about the budget, the main architect, Office of Management and Budget Director Mick Mulvaney, said that much of the EPA’s “crazy” spending on climate change will be scaled back. However, what is missing from most media accounts about Mulvaney’s comments, is that not all spending on so-called climate change is gone. Mulvaney said they are rightsizing the budget–spending money on real research, not on lunatic things like the National Science Foundation spending money to fund a climate change musical. That kind of crap is out in Trump’s no-nonsense budget. Finally, an adult in The White House!…
    Read More “Trump Budget Axes 31% of EPA Budget, Rightsizes Climate Spending”