Regulation

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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…
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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…
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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…
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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…
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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…
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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?…
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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…
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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…
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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!…
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    DEP Says Fracking at PA Utica Wells “Likely” Caused Earthquakes

    On Friday, the Pennsylvania Dept. of Environmental Protection held a hastily-called webinar to discuss findings that, frankly, aren’t all that newsworthy or surprising. After 10 months of study, the DEP has concluded that zipper fracking activities by Hilcorp in Lawrence County, PA “likely” caused a series of earthquakes in April 2016 so minor that nobody could feel them. And the DEP concluded this after 10 months of study, when a week before the DEP itself issued the permits to drill in Lawrence County, Hilcorp drilling was shut down about seven miles away, across the border in Mahoning County, Ohio, for potentially causing low-level earthquakes there (see Hilcorp Awarded Permits to Drill 7 New Wells Near Earthquake Zone). It wasn’t exactly rocket science to connect the dots and speculate that fracking over top an active fault had caused the low-level earthquakes on the PA side of the border, as it had on the OH side of the border. As we’ve stressed multiple times here on MDN, earthquakes related to shale are almost always connected with injection wells–when large amounts of liquid are injected near a fault. Earthquakes from fracking activities are rare–like under 10 times, ever, out of millions of fracked wells. Statistically zero. Still, let’s not let a good “crisis” go to waste. The DEP, in releasing a report about the incident (full copy below), said they will work up new regulations to detect and prevent such statistically zero occurrences from happening again…
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    PA Rep. Garth Everett Reintroduces Minimum Royalty Bill, 3rd Time

    Third time’s the charm? The Pennsylvania General Assembly convenes for two-year sessions. Almost six years ago during the 2013-2014 session of the General Assembly, PA Rep. Garth Everett introduced “minimum royalty” legislation that would guarantee PA landowners would get minimum royalty payments of 12.5%–regardless of any kind of post-production expenses. It was called House Bill (HB) 1684 and it failed to even come to the floor for a vote (see PA Royalty Bill 1684 Off the Agenda, Likely for Rest of 2014). Everett re-introduced it during the 2015-2016 session, renamed HB 1391. Once again, near the end of the term, it failed to get a full vote (see PA Royalty Bill Dead for Another Year – Supporters Vow to Fight On). Everett is not giving up. Last Friday he re-introduced the bill for the third time, this time called HB 557. Does it stand a chance?…
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    How Maryland Screwed Garrett County Residents Out of Shale Money

    Maryland’s heavily Democrat legislature is doing its best to slap a permanent ban on fracking in the state (see Maryland Democrat Lawmakers Continue to Torpedo Fracking). Such a ban would be a disaster for the state–and for landowners in places like Garrett County (far western MD) where there is Marcellus Shale gas. However, deep and long-lasting damage has already been done by Maryland legislators. In Garrett County energy companies once held leases on 100,000 acres of land–before the legislature and governor diddled away for four years. Today? There are remaining leases on 4,000 acres. That change represents millions of dollars that did not go into the pockets of MD landowners. Maryland seems to be in a race with New York to see which state is the most energy unfriendly state in the country…
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    FERC Actively Reviewing VA/MD/DC Pipeline, Public Hearing March 2

    Dominion Eastern Market Access Project

    Last October Dominion announced a new pipeline project called Eastern Market Access Project (see Dominion Announces $145M Project to Expand Gas Supply to DC & MD). The project will beef up two compressor stations in Virginia, build a new compressor station in Maryland, and add a couple of pipeline taps near Washington, D.C. The purpose of the $145 million project is to deliver more gas to Washington Gas (and its customers), and to deliver gas to a new gas-fired electric power plant being built in Maryland. A Dominion spokesman confirmed to MDN that the gas will come from either the Marcellus or Utica plays. We have an update on that project. Even though the Federal Energy Regulatory Commission (FERC), the agency in charge of reviewing and certifying the project does not have enough Commissioners to vote on anything, they still are fully staffed and FERC personnel are actively working on an environmental assessment for the project…
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    Trump to Issue Exec Orders “Reshaping” EPA – Swamp Rats Nervous

    EPA swamp rats: prepare to be drained. Reuters is reporting from two difference sources that President Trump will sign several (up to five) Executive Orders to “reshape” the Environmental Protection Agency, once his pick to become Administrator, Scott Pruitt, is confirmed. That vote is expected today in the Senate. There is one turncoat–RINO Susan Collins from Maine (currently the worst Republican in the Senate, needs to be put out to pasture), who says she will vote against Pruitt (see this Maine Public story). However, two brave Democrats will break with their party’s radicals and vote for Pruitt: West Virginia’s Joe Manchin and North Dakota’s Heidi Heitkamp (see this The Hill story). Well, that’s not quite accurate. They’re both in re-election mode and scared to death that Trump supporters will toss them next year, so they’re voting to protect their own cushy jobs. But whatever. We’ll take it. Back to draining the disgusting swamp that has become the EPA. As we recently reported, the EPA has become a gravy train for so-called researchers, funneling our tax money into programs that suppress jobs and don’t do a thing to help the environment (see EPA Gravy Train Comes to an End – “Researchers” Freak Out). If Pruitt is confirmed today, we expect to see Trump’s Executive Orders issued next week–and that has the swamp rats nervous…
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