Regulation

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    DEP GP-5 & 5A Regs – Imminent Threat to PA Marcellus Drilling

    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 federal 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), “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 original public comment period was slated to last 45 days, ending in March. For no stated reason, the DEP extended the comment period until June 5th (see PA DEP Extends Public Comment Period for Methane Regs). In March, MDN editor Jim Willis heard former DEP Secretary Mike Krancer say if GP-5A is enacted as written, it will result in a 12-18 month moratorium on new production in Pennsylvania (see Big News from the O&G Awards Northeast Industry Summit). The shale industry is taking the changes very seriously and has initiated a full court press to oppose the new regulations as written…
    Read More “DEP GP-5 & 5A Regs – Imminent Threat to PA Marcellus Drilling”

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    Update on Orange County, NY Marcellus-Fired Power Plant

    MDN previously reported on a $900 million Marcellus gas-fired electric generating plant coming to Orange County, NY (see Orange County, NY Marcellus-Fired Electric Plant OK’d by Judge). The CPV (Competitive Power Ventures) Valley Energy Center project was vigorously opposed by local anti-drilling ninny nannies, including Hollywood star James Cromwell. No matter. The plant is now under construction, as we reported in March (see Construction Update on CPV NatGas Power Plant Near Middletown, NY). The good news is that construction of the plant is “moving full-steam ahead” and is on track to go online in early 2018. The local economic development agency said the plant has been a boon to the local economy. Here’s the latest about the CPV Valley Energy Center project, that somehow, against all odds, is getting built in New York State… Read More “Update on Orange County, NY Marcellus-Fired Power Plant”

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    OEPA & Rover at Odds Over Storm Water Runoff, “Fine” Now $714K

    More trouble for Energy Transfer and the Rover Pipeline project as the company is working against a tight deadline to get the $3.7 billion, 711-mile Marcellus/Utica natural gas pipeline that traverses Ohio up and running this year. It appears as if the Ohio Environmental Protection Agency (OEPA) is hellbent on picking a fight with the project. Perhaps some of OEPA’s criticisms are justified–perhaps some are not. We’ll give you the “lay of the land” (pun intended) as we see it. Early on Rover appeared to rush too much, resulting in numerous drilling mud spills in locations where Rover was drilling underground to avoid creeks and rivers and other structures. One of those spills dumped 2 million gallons of drilling mud (i.e. bentonite) in a wetland next to the Tuscarawas River (see Rover Pipeline Accident Spills ~2M Gal. Drilling Mud in OH Swamp). Following that accident and other accidents where mud was spilled, the OEPA announced it had fined Rover $431,000. As it turns out, that OEPA claim, made by OEPA spokesman James Lee, was a little white lie (see Turns Out OEPA & Columbus Dispatch Were Lying – Rover NOT Fined). Apparently the OEPA has “suggested” such a fine, but a long process now ensues where such a fine (and the alleged infraction) are negotiated. So no, no fine has actually been assessed, yet. The James Lee from the OEPA is back, partnering up his favorite mainstream mouthpiece–the Columbus Dispatch–to claim that Rover did not plan storm water management properly and that Rover’s poor planning has resulted in heavy storm water runoff into farmers’ fields where Rover is digging trenches. So OEPA is upping their $431,000 “fine” (that’s not actually a fine, yet) to $714,000! Here we go again… Read More “OEPA & Rover at Odds Over Storm Water Runoff, “Fine” Now $714K”

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    NY’s Grotesque Energy Double Standard re “Home Rule”

    Here’s one that really gets us hot and bothered. MDN is written from Upstate New York (near Binghamton). We covered, extensively, the battle to allow fracking (and now, natural gas pipelines) in our beloved home state. We won’t plow up old ground again except to say that one of the battles fought, and lost, was over whether or not local municipalities can ban fracking for everyone. Two backwater towns in New York–Dryden (Tompkins County) and Middlefield (Otsego County) passed town bans that were challenged in court. The case eventually went to NY’s highest court, the Court of Appeals. We (pro-drillers) lost. Local towns now have the right to outright ban fracking–if and when it ever becomes legal to frack in New York. Some call it the “home rule” law. This was all done at the prompting and urging of a very corrupt governor–Andrew Cuomo. The judges on NY’s high court are appointed by the governor. It’s the worst kind of incest and miscarriage of justice. So along comes a wind power project that a corporation wants to build in Western NY. Some of the locals don’t want it. If they convince their towns to pass a ban on wind projects for the town, guess what? In that case NY state law will overrule the town and allow the wind project to get built anyway. How, on God’s green earth, is that in any sense fair? Here’s what we hope: We hope at least one of the towns involved passes a ban and it goes to court and they throw the high court’s decision on frack bans right back in their face. It’s time to expose the energy double standard in NY…
    Read More “NY’s Grotesque Energy Double Standard re “Home Rule””

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    Cuomo Tries to Finish Killing NY NatGas with New Methane Rules

    It’s so enormously frustrating to live in The Empire State–New York. Which is where MDN is produced. Our illustrious governor, Andrew Cuomo, has drunken deeply from the man-made global warming Kool Aid fountain. Cuomo, a radically left Democrat, may or may not actually believe in man-made global warming. Makes no difference. He, like other lib Dems, find it a useful tool to control the population. If you can control what people use for energy (and what how they pay for health care), you control their lives, period. Cuomo has made a decision to align himself with global warming nutters who oppose all fossil fuels because supposedly said fossil fuels, when burned, release carbon dioxide into the air. CO2 becomes “trapped” in the atmosphere and takes a long time to dissipate, creating (as the disproved theory goes) a “greenhouse effect,” trapping heat and (eventually) catastrophically warming Mom Earth. The problem, that we’ve pointed out countless times, is that empirical data–where people use instruments to monitor “average” temperatures–proves the earth has been cooling for the past 20 years. That little fact never makes it into mainstream media because it destroys the mythology that’s developed around this POLITICAL issue. Global warming is not, as the left pushes, about science. It is about politics. But we digress. Yesterday Gov. Cuomo released burdensome new methane emissions regulations that will further hamstring New York’s wilting conventional (not shale) oil and natural gas drillers. It seems Andy simply wants to extinguish the rest of the industry in our beloved home state…
    Read More “Cuomo Tries to Finish Killing NY NatGas with New Methane Rules”

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    Getting to Know Rob Powelson, Our Next/New FERC Commissioner

    As MDN alerted you on May 10, President Trump has nominated two highly qualified individuals to serve on the Federal Energy Regulatory Commission–Neil Chatterjee and Rob Powelson (see Trump Nominates 2 New FERC Commissioners – Powelson & Chatterjee). Rob is a member of the Pennsylvania Public Utilities Commission (PUC), and currently the president of the National Association of Regulatory Utility Commissioners (NARUC). Big Green is amping up its opposition to Rob Powelson. In March, Powelson had the temerity to tell the truth. During a speech he compared wacko pipeline protesters who were camping out at FERC members’ homes–threatening the commissioners–to Islamic jihadists (see Powelson Under Fire for Calling Enviro Jihadists, “Jihadists”). The enviro jihadists jumped on that, demanding Powelson be dropped from consideration for a FERC post. We’re happy to see Trump metaphorically stick his finger in their eye. We spotted an article that goes into a bit more depth on Powelson’s background and qualifications to hold this very important position. Let’s get to know Rob Powelson just a little bit better… Read More “Getting to Know Rob Powelson, Our Next/New FERC Commissioner”

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    Dela. Riverkeeper Asks Senate to Delay FERC Nomination Hearings

    Maya van Rossum – THE Delaware Riverkeeper

    President Trump, who will not be impeached, regardless of what press whores on fake news outlets like CNN say, recently nominated two extremely qualified people to be Federal Energy Regulatory commissioners (see Trump Nominates 2 New FERC Commissioners – Powelson & Chatterjee). As we pointed out in a story yesterday, liberal Democrats have been hounding Trump for months to nominate new commissioners–so they could begin grandstanding against them (see Now We Know: Lib Dems Wanted FERC Nominees for Grandstanding). Washington is sick. Radical environmentalists have NOT wanted any new nominees, because they want FERC neutered and unable to vote on new pipeline projects. One of the worst of the worst in the campaign to keep FERC in a quorumless state is THE Delaware Riverkeeper–Maya van Rossum. Riverkeeper is a front organization for the William Penn Foundation–created to shield William Penn from losing its nonprofit status for engaging in outright political activities like its opposition to fracking and fossil fuels (see Dela. Riverkeeper Protects Wm. Penn Foundation’s Tax Exemption). Maya continues to do her masters’ bidding. In a letter to the U.S. Senate dated May 15, van Rossum, pretending to represent “national organizations,” asks the Senate to slow down and even block Trump’s two FERC nominees…
    Read More “Dela. Riverkeeper Asks Senate to Delay FERC Nomination Hearings”

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    Why does Big Oil Continue to Support Horrible Paris CO2 Treaty?

    Something has befuddled us for a long time. Why would Big Oil companies–like ExxonMobil, Shell and BP–actually support the international climate agreement that caps carbon dioxide emissions from the fuels they extract? In December 2015, then-President Barack Hussein Obama signed the Paris Agreement (otherwise known as COP21) that forfeits the national sovereignty of the United States in the name of so-called man-made global warming (see Paris Climate Treaty Signed by Obama NOT Binding on U.S.). Obama and nearly every country of the world signed the climate agreement/treaty committing the nations of the world to lower carbon dioxide emissions. You know, CO2–the stuff you exhale with every breath you take. Yeah, that stuff is supposedly warming up ole Mom Earth, catastrophically. Except it’s not. There is no empirical data that shows the earth is heating up–only doctored computer models. Satellite data shows the opposite–the average temp of Mom Earth is not heating up and hasn’t been for 20 years. Look it up. But facts aren’t what the Paris agreement was about. We can tell you what the agreement is about in two simple points: (1) transferring massive amounts of hard-earned wealth away from America to other countries, via a carbon tax; (2) banning the use of all fossil energy. On the campaign trail Donald Trump expressed the desire to opt out of the agreement (an agreement never ratified by the Senate, meaning it’s not binding). But now he’s equivocating. One reason is his Secretary of State, Rex Tillerson, former CEO of Exxon and supporter of the agreement. Again we ask, why in the world would Tillerson and others actually support this disastrous treaty?…
    Read More “Why does Big Oil Continue to Support Horrible Paris CO2 Treaty?”

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    Rover Gets Serious About Mud Spills, Asks FERC for OK to Drill

    While reviewing documents filed with the Federal Energy Regulatory Commission (FERC) for the Energy Transfer Rover pipeline project, we came across a letter filed by ET yesterday. The letter (full copy below) addresses the recent “inadvertent return” (i.e. major leak) of 2 million gallons of drilling mud in a swamp next to the Tuscarawas River (Stark County, OH). Following that leak and other leaks, FERC told Rover to stop any new underground drilling not already under way (see FERC Slaps Rover Pipeline with Stop Drilling Order). In yesterday’s letter, Rover says they have hired a new firm, GeoEngineers, to review all of the plans and data around drilling horizontally underground (horizontal directional drilling, or HDD) in locations where you can’t dig a trench. Rover is also posting GeoEngineers personnel at each HDD location, to help supervise HDD activities. But wait, there’s more! Rover is hiring extra watchers at each HDD location to watch for the first signs of, the first bubble, that indicate drilling mud isn’t staying underground where it belongs. Given all of what Rover is doing (there is more, read it in the letter), Rover then goes on to ask FERC, can Rover please please please drill in two spots where all of the equipment is ready to go? Those spots are 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. Rover argues it will do more harm to the environment to pull down erosion control devices and move equipment out and back in, than if they just went ahead and did the work now. Will FERC agree?…
    Read More “Rover Gets Serious About Mud Spills, Asks FERC for OK to Drill”

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    Now We Know: Lib Dems Wanted FERC Nominees for Grandstanding

    Things that don’t make sense, don’t make sense for a reason. You have to keep digging until you get to the truth. We’re referring to our previous posts where we scratched our heads over calls by both House and Senate Democrats (very liberal, very anti-drilling) for President Trump to hurry up and nominate commissioners to the quorumless Federal Energy Regulatory Commission (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, this 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? Now we know: They don’t really want it up and running. They simply wanted nominees so they could grandstand and try to stop the nominees they demanded in the first place, from actually getting confirmed. It’s sick. It’s sleazy. It’s the reason people find Washington, DC a disgusting swamp that needs to be drained–OF THEM. Now that Trump has nominated two extremely qualified people to be FERC commissioners (see Trump Nominates 2 New FERC Commissioners – Powelson & Chatterjee), the Dems are pledging to hold up the confirmation process… Read More “Now We Know: Lib Dems Wanted FERC Nominees for Grandstanding”

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    DEP Grants Air Permit for 2nd Gas-Fired Elec Plant Near Scranton

    The largest (so far) Marcellus Shale-gas fired electric plant in Pennsylvania is currently under construction in Lackawanna County, PA (near Scranton). The Lackawanna Energy Center, being built in Jessup by Invenergy, will produce 1,480 megawatts of electricity. However, there is a second, smaller Marcellus-fired electric plant also in the works. Last October, MDN brought you the news that Archbald Energy Partners, a collaboration between Canada-based EmberClear Corp. and New Jersey-based DCO Energy, wants to build a plant in Archbald, PA (again, near Scranton) that will produce 485 megawatts of electricity (see 2nd NatGas Electric Plant Proposed for Lackawanna County, PA). The Pennsylvania Dept. of Environmental Protection (DEP) announced yesterday they have issued an air quality permit for the Archbald project. This is an important step in the process of building the plant. Although more permits will be needed, we’d say the major hurdles have now been crossed. Below is the DEP announcement, a copy of the full air quality permit issued (68 pages), and responses to comments from members of the community who complained about the project…
    Read More “DEP Grants Air Permit for 2nd Gas-Fired Elec Plant Near Scranton”

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    DEP Appeals $4.5M Wastewater Leak Fine Against EQT to Supremes

    There’s a reason hospitals and court rooms are frequently the settings for soap operas on TV–there’s always so much drama surrounding medicine and the law–the latter of which is our focus today. In January MDN reported what seemed like the final chapter in a long, drawn-out case between Marcellus driller EQT and the Pennsylvania Dept. of Environmental Protection (DEP). 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. 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. When you read the “friend of the court” brief just filed by those supporting the DEP in their case, it’s a Who’s Who of Big Green organizations and virulent anti-drillers–which tells you all you need to know about which side is in the right in the case of EQT v DEP… Read More “DEP Appeals $4.5M Wastewater Leak Fine Against EQT to Supremes”

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    Turns Out OEPA & Columbus Dispatch Were Lying – Rover NOT Fined

    Early last week MDN brought you the news that Energy Transfer’s Rover Pipeline project has been fined by the Ohio Environmental Protection Agency (OEPA) for $431,000 for “18 incidents involving mud spills from drilling, stormwater pollution and open burning at Rover pipeline construction sites have been reported between late March and Monday” (see Ohio EPA Slaps Rover Pipe with $431K Fine for Spills, Other Issues). Based on OEPA’s report to the Federal Energy Regulatory Commission, FERC then told Rover to stop any new horizontal drilling underground (see FERC Slaps Rover Pipeline with Stop Drilling Order). But at the end of last week, a spokeswoman for Energy Transfer told the ace reporters at Natural Gas Intelligence that Rover has NOT been fined by the OEPA (see ET Disputes Ohio EPA Action on Rover, Says there Is No $431K Fine), which led us to say in our opening: “Somebody somewhere isn’t telling the truth.” We now know who didn’t tell the truth: the OEPA and the Columbus Dispatch… Read More “Turns Out OEPA & Columbus Dispatch Were Lying – Rover NOT Fined”

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    Murrysville, PA Drilling Ordinance – Anatomy of a Compromise

    Westmoreland County, PA – click for larger version

    Pennsylvania State regulations require a “setback” of 500 feet from the bore hole of an oil or gas well when it’s drilled. That means there can be no habitable structures (house, school, barn, etc.) within 500 feet of where the hole gets drilled. Last fall in Murrysville Township (Westmoreland County), the town council proposed a 1,000 foot setback–doubling the state requirement. Such a setback would eliminate much of any future drilling planned in the town. Public hearings were held and the Marcellus industry let it be known a lawsuit will follow if the town persists in such a restrictive setback ordinance. After much toing and froing, Murrysville Town Council approved a new ordinance on May 3–with a 750 foot setback from the edge of the well pad (not from the bore hole). It’s still quite restrictive, but apparently acceptable to the industry. Only one town council member (out of seven) voted against the new ordinance–an anti-driller… Read More “Murrysville, PA Drilling Ordinance – Anatomy of a Compromise”

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    Time to Tear Down the DRBC’s Iron Curtain in Pennsylvania

    Wikipedia: “The Iron Curtain was the name for the boundary dividing Europe into two separate areas from the end of World War II in 1945 until the end of the Cold War in 1991. A term symbolizing the efforts by the Soviet Union to block itself and its satellite states from open contact with the West and non-Soviet-controlled areas. On the east side of the Iron Curtain were the countries that were connected to or influenced by the Soviet Union.” There is an “economic Iron Curtain” in Wayne County, PA–a curtain imposed by the Delaware River Basin Commission, or DRBC (equivalent to the Soviet Union in our metaphor). The DRBC refuses to allow shale well drilling and fracking in the Delaware River Basin, while next door in the Susquehanna River Basin such activity has been going great guns for years. As we previously reported, one brave landowner in Wayne County is fighting, in court, to rip down the DRBC Iron Curtain (see Wayne Co. Landowner Welcomes Decision in Dismissed DRBC Lawsuit). Here’s an update on efforts to defeat the Evil Empire… Read More “Time to Tear Down the DRBC’s Iron Curtain in Pennsylvania”

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    Why Rover Pipe is a Big Deal & How it Affects Natl NatGas Prices

    As MDN began reporting last week, Energy Transfer’s Rover Pipeline, a $4 billion, 711-mile Marcellus/Utica natural gas pipeline that will run from PA, WV and eastern OH through OH into Michigan and eventually into Canada, has quickly become a soap opera. MDN brought you the news that Energy Transfer’s Rover Pipeline project has been fined by the Ohio Environmental Protection Agency (OEPA) for $431,000 for “18 incidents involving mud spills from drilling, stormwater pollution and open burning at Rover pipeline construction sites have been reported between late March and Monday” (see Ohio EPA Slaps Rover Pipe with $431K Fine for Spills, Other Issues). Based on OEPA’s report to the Federal Energy Regulatory Commission, FERC then told Rover to stop any new horizontal drilling underground (see FERC Slaps Rover Pipeline with Stop Drilling Order). And last Friday, we told you that Energy Transfer is claiming they’ve not been fined by the OEPA (see ET Disputes Ohio EPA Action on Rover, Says there Is No $431K Fine). Oy vey! Gas traders have taken notice of this unfolding drama, and the news surrounding Rover has actually moved the price of gas up. Which seems somewhat incredulous. You mean, a single pipeline has the power to make the national price of natural gas go up or down? How can that be?! Here’s a statistic you don’t often read: Rover Pipeline, when it’s fully functional, will move 14% of all the gas produced in the Marcellus/Utica (using today’s production numbers). That is an incredible statistic–and it has the power to move the price of natural gas–up or down… Read More “Why Rover Pipe is a Big Deal & How it Affects Natl NatGas Prices”