Regulation

Accidents | Allegheny County | Energy Services | Industrywide Issues | Pennsylvania | Regulation | Sunoco Logistics | Washington County

PA DEP Fines Sunoco $95K for Mud Spills During Pipeline Drilling
June 26, 2015June 26, 2015

Although there’s been no publicly published notice, the Pennsylvania Dept. of Environmental Protection (DEP) has fined Sunoco Logistics for spilling non-toxic drilling mud (bentonite) at several locations when they were drilling for the Mariner East I pipeline. One of those instances was last September when Precision Pipeline, hired by Sunoco, was drilling under the Little Mingo Creek (see Mariner East Pipeline Drilling Spills Mud in Local Creek). Bentonite is non-toxic and used in products from shampoo to deodorant and toothpaste. It’s also used to lubricate the drill bit and carry drill cuttings out of the ground. While non-toxic, a whole lot of bentonite in the water can, of course, suffocate fish and cause problems for wildlife that happen to drink it. In March of this year, we noted that the DEP was telegraphing that they were about to assess a “significant” fine for the mud spills at Mingo Creek and a few other locations (see PA DEP: Sunoco Facing “Significant” Fine for Non-Toxic Mud Spills). The fine has been levied. The “significant” fine ended up being $95,000. Clipping Sunoco $95K, compared to the $8.9 million fine the DEP recently slapped on Range Resources for methane leaks, seems somewhat trivial and rather insignificant. Which is perhaps why the DEP hasn’t published, as they usually do, an official notice on their website about the fine…
Read More “PA DEP Fines Sunoco $95K for Mud Spills During Pipeline Drilling”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Medina County | NEXUS Pipeline | Ohio | Pipelines | Regulation

Medina County, OH Antis Trot Out Home Rule Ballot Measure
June 26, 2015June 26, 2015

In February the Ohio Supreme Court, once and for all, struck down so-called “home rule” legislation passed by local municipalities where anti-drillers are able to convince enough citizens to vote for it (see OH Supreme Court Strikes Down Home Rule in Gas Drilling Case). When it comes to creating local laws and zoning ordinances that prohibit or otherwise try to control oil and gas drilling, Ohio state law stipulates only the State regulates it–not towns and villages and cities. That’s the law, and that’s the law the Supreme Court upheld. So along comes Sustainable Medina County, a group of virulent anti-fossil fuelers, with a new petition to put yet another so-called home rule “bill of rights” measure on the ballot in November, this time in an attempt to stop the NEXUS pipeline. What would you call this new initiative in light of the Supreme Court’s decision? We’d call it stark, raving mad…
Read More “Medina County, OH Antis Trot Out Home Rule Ballot Measure”
Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Regulation | Statewide PA

New Bill HB 1391 Will Guarantee PA Landowners 12.5% Royalties
June 25, 2015June 25, 2015

Last week MDN told you that a new royalty bill would be introduced in the Pennsylvania legislature to guarantee landowners get a minimum 12.5% royalty (see New Bill Pushes 12.5% Guaranteed Minimum Royalty for PA Landowners). The new bill, House Bill (HB) 1391 is, according to the bill’s main sponsor State Rep. Garth Everett, more narrowly focused than the previous bill introduced in 2013 (HB 1684). Gareth and a group of supporters from the PA chapter of the National Association of Royalty Owners gathered in the Capitol Rotunda in Harrisburg on Tuesday in a bill launch rally. We don’t (yet) have the language of the new bill, but we do have Everett’s description of what’s in the bill, a brief video interview of Everett from Tuesday’s launch rally, and a newspaper write-up from the event…
Read More “New Bill HB 1391 Will Guarantee PA Landowners 12.5% Royalties”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Kinder Morgan | Pipelines | Regulation | Transco

Mass. DPU Rejects Anti Group’s Request to Join Pipeline Hearing
June 24, 2015June 24, 2015

ENOUGH of these anti-pipeline, anti-drilling, dump-all-fossil fuels protesters and their strategies to stop pipelines in New England. That’s essentially what the Massachusetts Department of Public Utilities (DPU) said in refusing to allow the anti-pipeline group Pipeline Awareness Network for the Northeast (PLAN-NE) “full intervenor status” at a series of hearings the DPU will hold today, tomorrow and Friday to consider whether the contracts sought by the local gas distribution companies (local gas utilities) who want to get cheap, abundant and clean-burning Marcellus natural gas from Kinder Morgan’s proposed Northeast Energy Direct pipeline, are in the public interest. The DPU wants to concentrate on the real issues at hand and not be distracted and derailed by the antics of anti-pipeliners, so the DPU turned down PLAN-NE’s request…
Read More “Mass. DPU Rejects Anti Group’s Request to Join Pipeline Hearing”
Economic Impact | Industrywide Issues | Jobs | Regulation | Research

API Study Shows Energy Regulations are Killing Jobs & Economy
June 24, 2015June 24, 2015

The American Petroleum Institute (API) released a new study yesterday authored by Wood Mackenzie, a global research firm, which compares government policies that promote the growth of the energy industry with government policies that stifle energy growth. The study, titled “A Comparison of US Oil and Natural Gas Policies: Pro-development Policies vs. Proposed Regulatory Constraints” (full copy embedded below) finds that the study found that unnecessarily restrictive energy and environmental regulations proposed by the Obama administration will lead to 830,000 lost jobs and a decrease of $133 billion per year in the U.S. economy. In other words, Obama is ruining this country with his energy/environmental policies…
Read More “API Study Shows Energy Regulations are Killing Jobs & Economy”
Air Quality | Beaver County | Energy Companies | Ethane | Industrywide Issues | Pennsylvania | Processing Plants | Regulation | Shell | Statewide PA

Shell Receives Air Quality Permit from PA DEP for Cracker Plant
June 23, 2015June 23, 2015

Finally, after months and months of waiting, the Pennsylvania Dept. of Environmental Protection (DEP) has granted an air quality permit that allows Shell to operate a proposed ethane cracker plant in Monaca (Beaver County), PA. MDN told you the DEP signaled they would approve the air quality permit back in March (see PA DEP Signals Approval for Shell Ethane Cracker Air Quality Plan). Three months later the DEP finally issued the permit–no small miracle given the agency is now run by PennFuture DEP Sec. John Quigley. Shell had stated getting the permit would be a “critical” step in the process to moving forward. Now that they have the permit, what kinds of encouraging words do we have from Shell? The permit “does not mean we have made a final decision to build the project.” Which is the same standard line they’ve delivered since 2011 when this whole process began (see Shell Commits to Building a Billion Dollar Chemical Plant in the Marcellus Region of U.S.). Four years of being teased with this project has led us to think we’ve contracted post traumatic cracker disorder (PTCD)…
Read More “Shell Receives Air Quality Permit from PA DEP for Cracker Plant”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

More on PIOGA Request to Keep DEP in its Regulatory Box
June 23, 2015June 23, 2015

Yesterday MDN brought you the story of the Pennsylvania Independent Oil & Gas Association’s (PIOGA) third request to intervene in the Act 13 lawsuit decided by the PA Supreme Court (see PIOGA Asks Supreme Court to Stop DEP Denying Permits Using Act 13). The point of PIOGA’s request is to make the DEP follow PA law when it comes to granting shale drilling permits. Our headline and some of the language we used in that article was not completely accurate–we’d like to admit that right up front (although our inaccuracy was not intentional). The headline states that the DEP has denied permits based on portions of the Act 13 lawsuit tossed out by the PA Supreme Court. In researching the issue and speaking with those knowledgeable about PIOGA’s request to the Supreme Court, we’ve not found a specific instance where the DEP has denied a permit based on the tossed out Section 3215(b)-(e). But while denying permits based on rejected portions of Act 13 is not taking place, something far more subtle and insidious IS going on–with the same result as if the DEP were denying permits based on tossed-out portions of Act 13. Let us explain…
Read More “More on PIOGA Request to Keep DEP in its Regulatory Box”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

PIOGA Asks Supreme Court to Stop DEP Denying Permits Using Act 13
June 22, 2015June 23, 2015

Please see this MDN follow-up story for an important clarification/update: More on PIOGA Request to Keep DEP in its Regulatory Box

This story is why you pay MDN the “big bucks”–to break down complex issues into an easy-to-understand report. Last Friday the Pennsylvania Independent Oil & Gas Association (PIOGA) filed paperwork with the Pennsylvania Supreme Court asking for permission to, once again, intervene in the Act 13 lawsuit brought by seven selfish PA townships that resulted in portions of the Act 13 oil and gas drilling law to be struck down. Twice before PIOGA, which represents the companies directly affected by the Act 13 law, has filed to intervene and both times it was (incredibly) prevented from doing so. Apparently the people most affected by a lawsuit don’t have “standing” to defend themselves in PA courts–such is their system of “justice.” At any rate, PIOGA’s third attempt may succeed where the first two attempts failed, and that has the anti-drilling selfish towns, along with the Wolf administration, nervous. Why might PIOGA succeed this time? That’s where it gets complicated. In a nutshell, the zoning portions of the Act 13 law (Section 3304) were not the only sections to be struck down by the PA Supremes…
Read More “PIOGA Asks Supreme Court to Stop DEP Denying Permits Using Act 13”
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Talk of Upstate NY Seceding & Joining PA Comes Roaring Back to Life
June 19, 2015June 19, 2015

This story comes right from MDN’s own backyard–in the Town of Windsor, NY. Following Gov. Andrew Cuomo’s decision to temporarily ban shale drilling while he’s in the governor’s chair, there was talk that some New York towns along the border of Pennsylvania are considering seceding from NY State and joining PA (see 15 NY Towns Consider Seceding from NY, Join PA Due to Frack Ban). It was certainly good for a few headlines–the story actually got international play for a while. But then it all seemed to simmer down. The “secession” story has now come roaring back to life with a proposal by a Windsor man (and MDN acquaintance) who is pushing a plan to split NY in two–and have all of upstate NY join Pennsylvania–not just a few towns. He’s even got a proposed platform and he’s working to organize a secession convention! Is this for real? Or is it a stunt–a clever way to focus attention on the abuse of upstate residents at the hands of a corrupt governor? You decide…
Read More “Talk of Upstate NY Seceding & Joining PA Comes Roaring Back to Life”
Industrywide Issues | Jobs | Pennsylvania | Regulation | Statewide PA

How the Wolf Administration is Cooking the Marcellus Jobs Numbers
June 19, 2015June 19, 2015

Wow, did MDN peg it right or what? Yesterday we told you that Pennsylvania Gov. Tom Wolf’s administration/gang had politically, arbitrarily, rejiggered the Marcellus Shale industry employment numbers, dumping 151,000 jobs credited to the industry, in an attempt to smear the “brand” of the Marcellus as a jobs creator in the minds of Pennsylvanians (see Gov Wolf & Co Wipes Away 151K PA Jobs by Changing Formula). Our view was confirmed by a former Corbett administration official who exposes this numbers change-up for what it is: 100% political and 100% the work of the Wolf administration. Writing in the Harrisburg Patriot-News, Dennis Roddy calls out the Dept. of Labor and Industry for bowing to political pressure from the Wolf gang and arbitrarily changing the formula used to track direct, indirect and induced jobs from the Marcellus–a jobs formula accepted by economists across the country and a formula the Dept. of Labor and Industry themselves devised–not one devised by the Corbett administration…
Read More “How the Wolf Administration is Cooking the Marcellus Jobs Numbers”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Sec Quigley Creating His Own FracFocus; SRBC in Crosshairs
June 19, 2015June 19, 2015

More antagonism for the oil and gas industry, and more radical environmentalist philosophy, from the new PennFuture Secretary of the Dept. of Environmental Protection in Pennsylvania, John Quigley. (Once again, you have these Republicans to “thank” for his appointment: List of Republican Senators Who Voted to Confirm Quigley @ DEP). Last night Quigley announced at a radical enviro dinner in Philadelphia, hosted by the Pennsylvania Environmental Council, that although under the Act 13 law all Marcellus drillers must file a list of the chemicals used at each well site with the national registry FracFocus.org, that’s not good enough for Quigley. The Act 13 law also requires drillers to file the info with the PA DEP, so Quigley has decided the DEP will create it’s own online database/website to show the information (wasting taxpayer’s money). It’s all about being more “transparent” according to Quigley. We’d say it’s all about being a control freak, but we digress. Quigley also reiterated his absolute faith in the man-made global warming fairy tale, and he has ominously set his sites on the SRBC in northeastern PA…
Read More “PA DEP Sec Quigley Creating His Own FracFocus; SRBC in Crosshairs”
Anti-Drilling/Fossil Fuel | Blue Ridge Mtn Res/Magnum Hunter | Energy Companies | Energy Services | GreenHunter Resources | Industrywide Issues | Regulation | Wastewater

FWAP Asks SEC to Investigate GreenHunter for False Statements
June 19, 2015June 19, 2015

The anti-fossil fuelers are getting desperate. They’re concerned that GreenHunter Resources, a fresh water and frack wastewater company operating in the Marcellus/Utica, may actually pull it off and begin to barge frack wastewater (brine, actually) down the Ohio River. MDN was the first to disclose that GreenHunter is going to push back against the ongoing delays coming from the Obama White House in pressuring the U.S. Coast Guard to delay granting permission to GreenHunter to barge brine. We analyzed and told you what’s happening–that GreenHunter is using the Coast Guard’s own regulations from 1987 against them, using the definition of oilfield wastes to apply to brine from shale wells (see GreenHunter/Coast Guard War of Words — MDN Explains It). Essentially GreenHunter is daring the Coast Guard to take them to court to try and stop them (a brilliant move). GreenHunter says they will begin barging in three months’ time (see GreenHunter Says OH River Wastewater Barging to Begin September). Along comes the virulent anti-drilling organization FreshWater Accountability Project (FWAP, which we pronounce “fuh-wop”) with their own twist to try and stop GreenHunter. FWAP has asked the U.S. Securities and Exchange Commission (SEC) to investigate GreenHunter for making false statements to investors about their permission (or lack thereof) to begin barge shipments of brine…
Read More “FWAP Asks SEC to Investigate GreenHunter for False Statements”
Accidents | Industrywide Issues | Ohio | Regulation | Trumbull County | Wastewater

OH Injection Well Operator has Until Today to File Remediation Plan
June 19, 2015June 19, 2015

We’ve been following the story of water contamination in close proximity to five injection wells owned by Kleese Development Associates (KDA) of Warren, OH. The wells were shut down when water contamination was found in a local wetland (swamp) and a nearby pond. But after investigating, the Ohio Dept. of Natural Resources (ODNR) found that the injection wells were not the source of chemical contamination, but rather a salvage yard was at fault (see Trumbull Injection Wells NOT the Source of Wetland Contamination). The salvage yard is also owned by KDA, so the company is certainly not off the hook. The last word we had was that the federal Environmental Protection Agency (EPA) along with the Ohio Attorney General’s office executed search warrants for KDA looking for evidence of “environmental crimes” (see Youngstown Injection Wells Previously Shut Down Resume Operation). Meanwhile, the injection wells were reportedly restarted after correcting an issue found by the ODNR when they were there investigating. The new news is that Ohio EPA (not the feds, but Ohio) says KDA has until today to file a remediation plan to clean up a local creek affected by the so-far still undetermined source of a chemical spill coming from the salvage yard…
Read More “OH Injection Well Operator has Until Today to File Remediation Plan”
Energy Companies | Industrywide Issues | Litigation | Lycoming County | Pennsylvania | Range Resources Corp | Regulation

Range Fires Back: Proof We Didn’t Cause PA Methane Migration
June 18, 2015June 18, 2015

Yesterday MDN told you about the new, negative tone being set at the Pennsylvania Dept. of Environmental Protection by its new leader, Sec. John Quigley, by fining Range Resources for a case of methane migration (see PA DEP Slaps Range with Record $8.9M Fine for Methane Migration). Perhaps Quigley has adopted EPA Region 6 administrator Al Armendariz’s philosophy of making an example of one or two companies (see EPA Region 6 Administrator: Crucify Energy Companies). Quigley says Range did a sloppy cement job on a gas well they drilled in 2011 and has refused to correct the situation. Range immediately fired back, very loud and very clear, that water wells in that area had high levels of methane in them BEFORE any drilling took place–and Range has the documented pre-drilling tests to prove it…
Read More “Range Fires Back: Proof We Didn’t Cause PA Methane Migration”
Industrywide Issues | Jobs | Pennsylvania | Regulation | Statewide PA

Gov Wolf & Co Wipes Away 151K PA Jobs by Changing Formula
June 18, 2015June 18, 2015

Poof! Some 151,000 jobs that had been created by the Marcellus Shale industry, according to Pennsylvania officials, disappeared overnight. PA Gov. Tom Corbett’s administration (Republican), voted out of office last November, used to say (based on numbers from the PA Dept. of Labor and Industry) that the Marcellus Shale industry is responsible for creating 240,000 jobs in the state (see Hundreds of Thousands of Marcellus Drilling Jobs in PA). That number includes people in other industries that serve the Marcellus industry. PA Gov. Tom Wolf’s administration (Democrat) now comes along to say that number is bunkum. Wolf and his minions want to lower the public’s perception that the Mighty Marcellus is a jobs-creating engine like nothing ever seen in the state–so they’ve just arbitrarily wiped off 151,000 of those jobs by saying the way the number was originally calculated was wrong. They say the “real” number is more like 89,000. Welcome to Wonderland where you have your truth and I have my truth and the only casualty is THE truth…
Read More “Gov Wolf & Co Wipes Away 151K PA Jobs by Changing Formula”
Industrywide Issues | Lease & Royalty Payments | Pennsylvania | Regulation | Statewide PA

New Bill Pushes 12.5% Guaranteed Minimum Royalty for PA Landowners
June 18, 2015June 18, 2015

One of the big disappointments last year, for landowners, was the failure to pass House Bill (HB) 1684 which would clear up language from the Guaranteed Minimum Royalty Act of 1979. The GMRA of 1979 says landowners are supposed to get 12.5% minimum in royalties. Chesapeake (perhaps other drillers too) found loopholes and drove a truck through them, claiming marketing and pipeline transportation expenses that they deducted from royalties–leaving some landowners with checks for (literally) a few dollars (see Bradford County, PA Landowners Sue Chesapeake over Royalties). HB 1684 would have cleared up the language and ensured landowners get 12.5% as a minimum–but the bill was met with opposition from the drilling industry (see Rare Schism Between Landowners & Drillers over PA Royalty Law). The bill ultimately failed to get to the floor for a vote. But 2015 is a new year, and PA State Rep. Garth Everett, with the backing of the PA National Association of Royalty Owners (NARO), will introduce a brand new bill next week that is largely a reconstituted HB 1684. So far 35 members have signed on as co-sponsors. Everett and NARO are planning a “bill launch party” in the Capitol Rotunda for next Tuesday, June 23 at 1:30 pm. They want every single landowner who can to show up as a sign of support…
Read More “New Bill Pushes 12.5% Guaranteed Minimum Royalty for PA Landowners”