Regulation

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    WPX Pays $1.2M Fine to Settle 2012 Case of Leaky PA Impoundment

    In July 2014, MDN told you the water wells for two of three families living near a WPX recycled frack wastewater impoundment (i.e. “pond”), near Ligonier (Westmoreland County), PA, were determined to have been contaminated by that impoundment. That is, the Kalp impoundment leaked into the ground, according to the PA Dept. of Environmental Protection (DEP), and that caused a long-term problem with those wells (see WPX Wastewater Impoundment Source of Water Contamination in W PA?, and our follow-up story, Important Update on WPX Energy Leaking Impoundment in SWPA). A month later the DEP later made a final determination that the third family’s well, the elderly Ken and Mildred Geary, was also affected and that WPX will need to find a permanent water replacement solution for them too (see DEP Says WPX Needs to Replace 3rd Water Supply in SW PA). From the beginning, WPX owned up to the problem and worked hard to make it right by installing water treatment systems–for five (total) affected water wells. The Pennsylvania Dept. of Environmental Protection (DEP) continues to monitor the water for the affected wells. However, the DEP is now ready to close the door on this now three year-old case, by assessing WPX with a $1.2 million fine and a requirement that they complete a remediation of soil in the area that may still be affected…
    Read More “WPX Pays $1.2M Fine to Settle 2012 Case of Leaky PA Impoundment”

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    WV Senate Bill 244 Introduced for Co-Tenancy & Joint Development

    The legislative session for West Virginia is in full swing–a session that lasts for 60 non-contiguous days at the beginning of each year. This year’s session opened on Jan. 11 and will conclude on Apr. 8th. As MDN previously reported, perhaps the biggest energy-related issue for this year’s session will NOT be (as it has in five previous sessions) a bill on forced pooling. Instead, the West Virginia Oil and Natural Gas Association (WVONGA) is pushing a legislation on co-tenancy and joint development (see WV Won’t Push Forced Pooling, Will Push Joint Dev. & Co-Tenancy). Senate Bill (SB) 244 has now been introduced to cover both co-tenancy and joint development. Co-tenancy is pretty easy to understand: if there are multiple owners for the mineral rights under a property–something that happens fairly regularly in WV–you would only need a simple majority of those owners to approve a drilling lease. Currently, if one person with a teeny tiny share objects, it stops the process. Joint development, on the other hand, had us stumped. But we got some insight into the issue from a couple of sharp MDN readers (see More on WV’s Push for “Joint Development” Instead of Forced Pooling). Currently there are a number of existing old leases, signed before shale drilling began, that prevents drillers from drilling a horizontal well across an individual property boundary line–until a new lease is signed. Joint development says if the driller already owns the leases on all adjoining properties they want to combine into a drilling unit, they can do so without signing a new lease. WVONGA says it corrects a loophole that prevents more drilling from happening. Rights owners say joint development legislation lets drillers have a freebie–instead of signing a new lease (for more money), the driller gets something never envisioned when the original lease was signed. Who’s right? We expect SB 244 to be hotly contested this year, like forced pooling has been in previous years…
    Read More “WV Senate Bill 244 Introduced for Co-Tenancy & Joint Development”

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    FERC Issues Favorable Enviro Report for Mountaineer & Gulf XPress

    In December, the Federal Energy Regulatory Commission (FERC) threw a little cold water on two important pipeline upgrades to carry more Marcellus/Utica gas to southern markets. A final environmental impact statement (EIS) was due from FERC for both the Mountaineer XPress and Gulf XPress projects no later than April 28, 2017. FERC said that the deadline would slip by three months due to reroutes and additional environment information requested (see FERC Delays EIS for Mountaineer XPress & Gulf XPress Pipelines). MDN previously reported on Mountaineer XPress, which includes 165 miles of new pipeline with approximately 2.7 billion cubic feet (Bcf) per day of transportation capacity from existing and future points of receipt along or near the Columbia pipeline system–most of it located in West Virginia (see Details on Columbia Pipeline Mountaineer XPress Pipeline Project). Gulf XPress consists of constructing seven new midpoint compressor stations along the existing Columbia pipeline system in Kentucky, Tennessee and Mississippi, with the aim of moving an additional 875 million cubic feet (MMcf) of Marcellus/Utica gas per day southward, to the Gulf Coast region. However, before FERC issues a final EIS for both projects, they must first issue a draft EIS (or DEIS)–which they did yesterday. The good news is that it was a favorable DEIS, signaling a favorable EIS will be issued by the end of April. The further good news is that FERC has scheduled five public hearings (four in WV and one in TN) for late March. We have FERC’s DEIS announcement below, along with a copy of the full DEIS (all 532 pages!)…
    Read More “FERC Issues Favorable Enviro Report for Mountaineer & Gulf XPress”

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    “Thousands” in PA Healthcare Send Ltr re Methane Regulations

    AFTERNOON UPDATE: We now have a copy of the so-called “open letter” as it was posted from the Scribd website to share with you (see it below). In viewing the properties of the document (image below) you will find that the the Environmental Defense Fund (EDF) and DC-based Smoot Tewes firm–started by two former Obama campaigners–were behind the letter. Kelsey Robinson, an EDF communications person in Austin, was the author. None of the signatories on the letter are from the EDF. In other words, this was a sham, made-up piece of anti-drilling propaganda from the beginning–and the Post-Gazette reporter played along. Just another example of fake news from a mainstream newspaper.

    A small group of anti-drilling healthcare workers (i.e. doctors, nurses, etc.) are, once again, trying to stop Marcellus Shale drilling in Pennsylvania. Their latest angle of attack is a publicity stunt using one of their favorite tools–the Pittsburgh Post-Gazette. The Post-Gazette runs a story today that opens this way: “Thousands of Pennsylvania doctors, nurses and other health care professionals have sent a letter to the Marcellus Shale Coalition, requesting that it stop legal challenges and lobbying against regulations aimed at controlling drilling air emissions and safeguarding public health.” Several paragraphs later we read this: “The letter, scheduled for release Monday, is signed by about 40 individual doctors, nurses and health care workers, and organizations representing more than 40,000 doctors, nurses, researchers, and health professionals.” In other words, “thousands” did not send a letter, but in reality, “about 40 individuals” did. That’s called fake news. And it’s being pedaled by the same rabidly radical antis (who happen to work in the healthcare industry) we’ve heard from before. They are committed to irrationally ending the use of fossil fuels, and they’ve apparently enlisted the help of a sympathetic “reporter” to do it…
    Read More ““Thousands” in PA Healthcare Send Ltr re Methane Regulations”

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    NJ Pinelands Commission Approves 22-Mile Pipe Thru Scrub Pines

    In January 2014 MDN brought you the story that due to incessant nagging from the NJ Sierra Club and the NJ League of [Liberal Democrat] Women Voters the Pinelands Commission, which oversees a stand of scrub pines in South Jersey, nixed a plan for a new natural gas pipeline to bring cheap, clean, abundant Marcellus Shale natural gas to South Jersey for use by residents and to feed an electric plant a local utility wants to convert from burning coal to natgas (see Sierra Club, LWV Chooses Coal over NatGas in South Jersey). In May 2014, NJ Gov. Chris Christie replaced two of the “no” voters on the Pinelands Commission, much to the consternation of the antis (see Marcellus Pipeline May Come to South Jersey After All). In August 2015, the staffers who actually do the work of the Commission decided to act, saying that they had the authority to approve the pipeline without a full Commission vote to do so. A panel of three New Jersey Appellate Division judges last November rejected that claim and said if you want to build a pipeline through the scrub pines, the full Commission must vote to do so (see Court Setback for NJ Pipeline Slated to Run Through Scrub Pines). So in January, the Pinelands Commission held a public hearing before scheduling a vote of the full Commission on the project (see Large Crowd Turns Out For/Against 22-Mile Pipeline in NJ Scrub Pines). Last Friday the Commission met and voted to approve the project. Finally! Of course the vote was not without incident. Anti fossil fuelers, behaving like petulant 3 year-olds, continually disrupted the meeting and tried to drown out the voting process with hollering, singing and chanting. In the end the misbehaving children–which included a priest and the head of the NJ Sierra Club–lost. They reacted like the petulant children (in adult bodies) they are, with threats and innuendo…
    Read More “NJ Pinelands Commission Approves 22-Mile Pipe Thru Scrub Pines”

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    FERC Guidance Requests Pipe & LNG Apps. Evaluate Global Warming

    It appears President Trump has a problem at the Federal Energy Regulatory Commission (FERC). He needs to get three new conservative Republicans appointed to the Commission stat, to stem the liberal ideology that has taken root from bureaucratic lifers who populate the agency. One of great debates during the Obama reign of terror was the demand (by Obamadroids) that FERC consider the impact pipeline projects would collectively have on mythical man-made global warming. FERC Commissioners steadfastly refused to do so because they are specifically prohibited from doing so under their charter. However, last week FERC issued a new guidance document for midstream companies that file new applications with FERC for pipeline projects. The new guidance, while saying it has not changed any policies or regulations, “advises” (bureaucratic language for “you darn well better do it”) that new pipeline applications should include a calculation of the projects’ “greenhouse gases and weigh the impact on local, state or regional climate goals.” In addition to these new hoops (i.e. non-regulation regulations) imposed by the bureaucrats at FERC, the agency also released a new “guidance” document (i.e. new regulatory hoops) for LNG project applications. Yep, it “advises”–but doe not require–LNG applications to “calculate” potential impacts on mythical man-made global warming…
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    PA DEP Extends Public Comment Period for Methane Regs

    In December 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 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) earlier this month (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. The new news is that, for no stated reason, the DEP has extended the comment period until June 5th…
    Read More “PA DEP Extends Public Comment Period for Methane Regs”

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    Augusta County, VA Votes to Illegally Ban Fracking

    It’s always breathtaking, and disturbing, when a small group of individuals decide to take away the Constitutional property rights of their fellow citizens. We always wonder, is this how it started in 1920s Germany? The Augusta County (VA) Board of Supervisors voted 6 to 1 Wednesday night to illegally take away the property rights of every citizen in the county by enacting a total ban on fracking in the county. Is there any shale in the county to frack? No idea, but we doubt it. To be fair, the first county in Virginia to become lawless in this regard was King George County, last summer (see King George County, VA Commits Fracking Suicide with Vote to Ban). Not helping matters is the confusing and inaccurate information coming from Virginia’s Attorney General, Mark Herring (see Virginia AG Says Localities Can “Regulate” & “Prohibit” Fracking). We always feel like a funeral is in order when Constitutional property rights are trampled as they have been in Augusta County…
    Read More “Augusta County, VA Votes to Illegally Ban Fracking”

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    Anti-Drilling Democrats Ask Pres. Trump to Fill Up FERC

    A group of radical, waaaaaaay left Democrats in the U.S. House of Representatives sent a letter to President Trump on Wednesday requesting that Trump appoint new members of the Federal Energy Regulatory Commission post haste. Get ‘er done–now. The ring leader of the House Dems sending the letter is Massachusetts Congressman Joe Kennedy III. Wait a minute. Democrats hate FERC because FERC is “nothing more than a tool of big oil and gas” and a “rubber stamp” approving pipeline projects. Why would Kennedy and his merry band of Lib Dems want Trump to appoint three new Republican members of the Commission? When you figure out the answer to that one, please share it with us–because this makes zero sense to us…
    Read More “Anti-Drilling Democrats Ask Pres. Trump to Fill Up FERC”

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    Radicals Try to Pressure NY DEC into Delaying Northern Access Pipe

    About 150 individuals masquerading as “organizations” have sent a letter to the New York Dept. of Environmental Conservation (DEC) requesting the DEC add an extra couple of months to a comment period for National Fuel Gas Company’s Northern Access 2016 pipeline project. A few weeks ago the Federal Energy Regulatory Commission (FERC) approved the long-delayed project (see NFG’s Northern Access Pipe in NY/PA Gets FERC Approval). The $455 million project includes building 97 miles of new pipeline along a power line corridor from northwestern Pennsylvania up to Erie County, NY. The project also calls for 3 miles of new pipeline further up, in Niagara County, along with a new compressor station in the Town of Pendleton. Although FERC has now given permission to build it, the State of New York, specifically the DEC, must issue stream crossing permits. Sound familiar? The DEC faced a similar task with the FERC-approved Constitution Pipeline and ultimately, under political pressure from Gov. Andrew Cuomo, made the decision to refuse granting Williams the permits it needs to build the Constitution. Anti-drilling fruitcakes hope to get lightning to strike twice, repeating the process with this project as they did with the Constitution. So, right out of their playbook, a bunch of radicals pretending to represent thousands of people (in reality 153 people) have sent a letter to the DEC attempting to pressure the DEC into extending a one-month comment period by an extra 60 days…
    Read More “Radicals Try to Pressure NY DEC into Delaying Northern Access Pipe”

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    One Year Later PA Pipeline Task Force Report Gathers Dust on Shelf

    This is one of those stories that illustrates so beautifully how liberals always operate: all talk, no action. Form a committee, say lots of things, bluster, argue, look like you’re addressing a really important issue–and then do nothing. In this case that’s a good thing! We’re talking about the pomp and circumstance surrounding then newly-minted Pennsylvania Gov. Tom Wolf and his so-called Pipeline Infrastructure Task Force. In May 2015, Wolf and his underling Dept. of Environmental Protection (DEP) Secretary John Quigley (who has since been fired) created a “Task Force on Pipeline Infrastructure Development” (see Disaster on the Horizon: PA Gov Wolf Creates Pipeline Task Force). The purpose of the group was “to identify best practices for pipeline siting, permitting and safety.” That is, to hamstring the process of building new gathering pipelines to shale wells. We won’t recount all of the twists and turns–of how the Task Force was packed with government employees beholden to Wolf, etc. Along the way antis tried to protest and derail the meetings held by the Task Force (see PA DEP Sec. Quigley Calls Pipeline Protesters “Badly Misinformed”). In February 2016, Quigley released the Task Force’s Final Report, all 658 pages of it with 184 recommendations (see PA Pipeline Task Force Report: 658 Pages, 184 “Recommendations”). Around the same time, MDN noted “Looks like we worried for nothing,” and that a Task Force member predicted nothing would come from the recommendations (see PA Pipeline Task Force Wraps Up – Did We Worry for Nothing?). It’s now a year later–and the libs at StateImpact are calling attention to the fact that precisely nothing has happened–the report sits on a shelf gathering dust…
    Read More “One Year Later PA Pipeline Task Force Report Gathers Dust on Shelf”

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    Scott Pruitt Addresses 15K Employees of EPA (Transcript)

    Yesterday the Environmental Protection Agency’s new Administrator, Scott Pruitt, addressed the 15,000 employees of the EPA–many of them seething leftists who need to be fired. He was far more gracious in his remarks than we would have been. But then, that’s why he’s there and we’re here. 🙂 Pruitt was introduced by Acting Administrator Catherine McCabe and began his remarks with this: “You don’t know me very well. In fact, you don’t know me hardly at all other than what you’ve read in the newspaper and seen on the news. I look forward to sharing the rest of the story with you as we spend time together. This is a beginning. It’s a beginning for us to spend time and discuss certain principles by which I think this agency should conduct itself.” Reflecting on the time he spent earlier in the day greeting EPA career staff in his office, Pruitt said, “It was an honor and a joy to meet and spend time with the career people at EPA who are clearly very dedicated to their work.” Although Pruitt is a gentleman, he’s no shrinking violet. He put the staffers on notice that he believes federalism and the rule of law matters, and those concepts will guide the policies and decisions coming from the EPA from now on. In other words, the swamp is getting drained on DAY ONE. Below is a transcript of Pruitt’s remarks…
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    CO Bill Compensates Landowners, Drillers in Towns with Frack Bans

    Over the years MDN chronicled the long, sad battle in New York State over both a statewide moratorium on fracking, and on the issue of whether towns can ban fracking. The statewide moratorium, under Gov. Andrew Cuomo, continues. However, lawsuits filed against townships that enacted bans went all the way to New York’s highest court, the Court of Appeals–and in June 2014 we lost (see Shale Drilling in NY is Over – High Court Upholds Town Bans). There have long been rumors and talks among New York landowners about launching a “takings” lawsuit–in which landowners would get compensation from the state because the state has “taken” their right to lease land and allow drilling. If the state runs a highway over your land, they have to pay you fair market value for it. Same principle. But so far, a takings lawsuit has not materialized in New York. Perhaps we can look to the west–to Colorado–to see how we still might prevail. A Colorado legislator has introduced a bill in Colorado that would allow landowners (and drillers) to sue local towns in the state that pass fracking bans–using the principle of takings. Should we consider such legislation in New York?…
    Read More “CO Bill Compensates Landowners, Drillers in Towns with Frack Bans”

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    Antis Nervous that DRBC is Making Moves to Lift PA Drilling Ban

    We now have a bit more of the back story and reason why anti-frackers turned out in large numbers to attend last Thursday’s meeting of the Delaware Basin River Commission (see Anti-Fracking Protesters Turn Out in Force at DRBC Meeting). As we noted, antis carpooled protesters in from New York City and other locations. On the agenda were two items that had them irked: (1) a short, 8-mile pipeline that will cross through a small sliver of DRBC-controlled territory, and (2) adoption of a two-year water resource plan “that instructs staff to carry out the commission’s natural gas regulations.” The antis are concerned the water plan will restart the discussion on regulations to allow fracking. Overactive imaginations? Maybe not. An AP story brings new details to light we had not previously read. THE Delaware Riverkeeper and others have “learned” that “recently” the PA Dept. of Environmental Protection held a meeting with DRBC staffers to discuss “draft regulations for drilling in the Delaware watershed.” THAT’S what had the antis all hot-and-bothered and showing up in large numbers. We’re now going on six years that the DRBC has blocked drilling by shelving regulations they had drafted to allow drilling in the Delaware River Basin–at least in PA. Last year a landowner from Wayne County, PA sued the DRBC, asking the courts to rule the DRBC has no right to block drilling (see Wayne County, PA Landowner Sues DRBC Over Fracking Ban). Here’s the article that sheds new light on the nervous Nellies of the Delaware…
    Read More “Antis Nervous that DRBC is Making Moves to Lift PA Drilling Ban”

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    OH Fight to Re-Regulate Electric Industry – Impacts on Shale

    In January we brought to your attention a developing situation–a fight, really–by a few large regulated electric utilities that seek to have Ohio re-regulate the electric industry (see OH Power Cos. Try to Stop Gas-Fired Plants with “Re-Regulation”). We make no bones about the fact we think that’s a very poor idea. It will have the effect of raising electric rates for consumers, and eliminate unregulated shale gas power plants. It is a move by big corporations to eliminate competition–using Ohio’s laws do it. Three of the state’s biggest electric utilities trying to do this: FirstEnergy, American Electric Power, and Dayton Power and Light. Shame on them. One of the most vocal critics of re-regulation is Bill Siderewicz, the owner of Clean Energy Future (based in Boston). Clean Energy is in the process of building two Utica gas-powered electric plants in Lordstown, spending more than a billion dollars to do it. If re-regulation happens, those plants won’t open. Is there a case to be made for re-regulation? Is Siderewicz correct in his assessment that re-regulation is simply re-monopolization under a new name? A recent article in the Youngstown Vindicator does a good job of presenting both sides of this very important issue…
    Read More “OH Fight to Re-Regulate Electric Industry – Impacts on Shale”

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    Scott Pruitt Confirmed to Lead EPA – Swamp Draining Begins

    New EPA Administrator Scott Pruitt

    Last Friday Oklahoma Attorney General Scott Pruitt was confirmed by the U.S. Senate to become the next Administrator of the Environmental Protection Agency. This is seriously great news. In 2014 MDN editor Jim Willis moderated a panel discussion at an industry summit held in Oklahoma City and heard Mr. Pruitt in person. Here’s what Jim said at that time: “Be sure to watch the very first video on the Midcontinent page. It is the keynote delivered by Oklahoma Attorney General Scott Pruitt. Jim just about stood up to cheer when he talked. Wow! We later joked (in the third session) that we’d be happy to trade our AG in NY for Pruitt any day of the week. Pruitt’s talk was outstanding.” (See Oil & Gas Awards Summits, Looking Back & Looking Forward [Video]). Ever since he was nominated we’ve been jazzed. The EPA under Obama has been a rogue, out-of-control agency. A labor union representing more than 9,000 EPA employees actively opposed Pruitt’s confirmation. We personally think those 9,000 employees should be fired. Reagan did it with recalcitrant air traffic controllers when their union went on strike–and air traffic control is a whole lot more important when it comes to the daily safety of Americans than the EPA. If the employees try to block Pruitt from doing his job–out they go. At any rate, when the final Senate vote was tallied, RINO Susan Collins of Maine once again showed she’d rather be a Democrat than a Republican, voting against Pruitt. On the other side, two scared-to-death-they-won’t-win-reelection-next-year Democrats, Joe Manchin of West Virginia and Heidi Heitkamp of North Dakota, voted for Pruitt. Mysteriously, the EPA website now welcomes their new Administrator with open arms (funny how that works). Today will be his first day on the job since yesterday was a holiday. Pruitt has already said that Obama’s Clean Power Plan and horrible Waters of the United States regulations are toast. Let the swamp draining begin!…
    Read More “Scott Pruitt Confirmed to Lead EPA – Swamp Draining Begins”