Regulation

Blue Ridge Mtn Res/Magnum Hunter | Energy Companies | Energy Services | GreenHunter Resources | Industrywide Issues | Meigs County | Ohio | Regulation | Wastewater

GreenHunter Releases 2014 Update, Plans to Barge Brine in 2015
April 16, 2015April 16, 2015

GreenHunter Resources, the fresh water and wastewater subsidiary of Magnum Hunter Resources, reported their fiscal year 2014 and 2014 operating results yesterday–in both a press release (below) and an analyst phone call (excerpts below). MDN eagerly scoured the announcement and a transcript of the analyst call for mention of the ongoing controversy of barging brine down the Ohio River. GreenHunter is building and has nearly completed four new injection wells in Meigs County, OH. They plan to begin barging brine to those wells sometime this year, according to GreenHunter COO Kirk Trosclair. GreenHunter has a major/ongoing disagreement with the U.S. Coast Guard (USCG) over whether or not guidelines issued in 1987 allow them to transport brine from shale wells (see GreenHunter Keeps Pressure on USCG to Barge Brine on Ohio River). While there’s no mention of the USCG or lack of a USCG permit, there was plenty of talk about barge operations beginning by the end of this year…
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Accidents | Energy Services | Industrywide Issues | Marshall County | Pipelines | Regulation | West Virginia | Williams

WV DEP to Fine Williams for Condensate Pipeline Leak in WV
April 15, 2015April 23, 2015

A follow up to our story from Monday when we told you that Williams experienced two pipeline ruptures in Marshall County, WV following heavy rains (see Williams Pipelines Rupture in Marshall County After Heavy Rains). One of the pipelines that burst was a 4-inch condensate pipeline. West Virginia regulators have signaled they will fine Williams for the condensate pipeline leak because it ended up in the nearby Little Grave Creek–contaminating some six miles of the creek. We now know how much condensate leaked out. According to the WV DEP, 132 barrels of condensate (or roughly 5,500 gallons) leaked out. Cleanup and sampling of the creek is still in progress. But that begs the question, what the heck is condensate?…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | New York | Pennsylvania | Regulation | Statewide NY | Statewide PA

New Bill Aims to Keep Drilling/Pipelines Out of Dela. River Basin
April 15, 2015April 15, 2015

A new bill aimed at restricting shale drilling and pipelines in the Delaware River Basin has just been re-introduced by a pair of Delaware Democrats in Congress. It flies under the name of the Delaware River Basin Conservation Act. This is the fifth time the bill has been introduced (in 2013 it was HR 644, click here for the full text of the bill). The bill would vest the already out-of-control U.S. Fish and Wildlife Service with power and money to “identify and implement conservation activities” in the Delaware River Basin. The tipoff that this is anti-drilling is that it’s being promoted by the William Penn Foundation as well as the Delaware River Basin Commission. DRBC board members say the bill doesn’t step on their toes at all. In fact, DRBC welcomes the bill because it will help with “defending environmental quality in ways that are outside of its [DRBC’s] operations.” In other words, it’s one more tool to ensure shale drilling never happens in the Delaware River Basin…
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Industrywide Issues | New York | Regulation | Statewide NY | Steuben County

JLCNY Rally in NY to Support Defense of Property Rights Bill
April 15, 2015April 15, 2015

In January of this year, an upstate New York Congressman, Tom Reed (Corning, NY) introduced a bill that would, if adopted, provide relief to NY landowners who have been screwed over by Andrew Cuomo’s decision to ban fracking in the Empire State. The bill is called the Defense of Property Rights Act (DOPRA) and it changes “takings” laws in an important way–it changes the law to say if government action causes a landowner economic harm “in whole or in part” the landowner has a takings claim (see Federal Defense of Property Rights Act Explained; End of Frack Bans?). The “in part” language is the key because until now, the entire value had to be “taken” in order to bring a takings claim. As we pointed out back in January, this is an important law for all landowners everywhere, not just in NY–a law that prevents tyrannical politicians like Cuomo from overstepping their authority. The Joint Landowners Coalition of New York (JLCNY) is holding a rally this Saturday in Painted Post, NY to support Congressman Reed and his legislation…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PIOGA Turns Up the Heat on Wolf/Quigley Over TAB/Chapter 78
April 14, 2015September 1, 2017

The Pennsylvania Independent Oil & Gas Association turned up the heat on newly-elected Gov. Tom Wolf and Acting Dept. of Environmental Protection Secretary John Quigley. In fact, the temperature is downright hot. The issue is Wolf and Quigley’s possibly illegal maneuver in firing the members of the previous DEP Oil & Gas Technical Advisory Committee (TAB) and appointing all new members, PLUS appointing so-called non-voting members who are largely from environmentalist organizations–there to gum up what until now has been a well-oiled machine. In a letter addressed to current TAB members (minus the extra non-voting members), with copies going to Wolf, Quigley and a host of others, PIOGA tells TAB they should reject Quigley’s last minute reworking of Chapter 78 and 78a rulemaking (i.e. new regulations, see PA DEP Gives Public 45 Days to Comment on O&G Rule Changes). According to PIOGA, Quigley has clearly overstepped his authority as granted by the legislature and although it’s uncomfortable politically, the new TAB members need to “do the right thing” (our words) and reject Quigley’s changes…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Wolf Appoints Energy “Advisor”; Says Natgas Should Stay in PA
April 14, 2015April 14, 2015

Pennsylvania Gov. Tom Wolf must have a fetish for staffers who can advise him on energy issues. Maybe he feels less-than-adequate following in the footsteps of Tom Corbett–someone who really understood the energy industry? Wolf has two former secretaries of the Dept. of Environment Protection (DEP) on his staff–Katie McGinty, his chief of staff, and John Hanger, his Secretary of Planning and Policy (i.e. Secretary of High Taxes). Wolf also appointed the former Secretary of the Dept. of Conservation and Natural Resouces, John Quigley, to become his current Secretary of the DEP. He had loads of experts on the environment and energy, but apparently they aren’t enough to advise him on what he should think about energy in the Keystone State. So Wolf has appointed someone to be his “top” energy advisor, who happens to be (surprise!) a lawyer…
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Industrywide Issues | Regulation

OSHA Puts Shale Industry Under the Compliance Microscope
April 14, 2015April 14, 2015

Listen up Marcellus and Utica Shale industry and beyond–anyone whose company has a NAICS classification code of 211111, 213111 and 213112 (Crude petroleum and natural gas extraction; Drilling oil and gas wells; Support activities for oil and gas operations). The Occupational Safety and Health Administration (OSHA) has its eye on you. The legal beagles at the Vorys law firm–with offices in Ohio, Pennsylvania, DC and Texas–have issued a “client alert” to let shale industry companies know that OSHA is about to put you under a microscope. If you get tagged as a “severe violator,” which only takes “two or more willful or repeated violations or failure-to-abate notices,” you can expect all of your operations to undergo an OSHA anal exam…
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Industrywide Issues | Regulation

US Fish & Wildlife Fixes Wrong Problem for Northern Long-Eared Bat
April 14, 2015April 14, 2015

Recently the Obama administration’s U.S. Fish and Wildlife Service (USFWS) did a disservice to not only the drilling industry, but the wind industry, farmers and the construction industry. USFWS listed the northern long-eared bat as “threatened” under the Endangered Species Act (ESA). USFWS says a fungus is spreading through the bat population, killing it. The northern long-eared bat is found in pretty much the eastern two-thirds of the country, minus Florida (see the map below). The Independent Petroleum Association of America (IPAA) points out USFWS has admitted the the bat is threatened because of something called white nose syndrome–which has nothing to do with habitat destruction. Yet drillers and midstreamers will now be hamstrung with new regulations to “save the bats” even though they are not the ones causing harm to the bats. It’s a typical Washington solution–“fix” the wrong problem…
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Belmont County | Industrywide Issues | Ohio | Regulation | Statewide OH

OH Dem to Introduce Bill Controlling Fresh Water Withdrawals
April 13, 2015April 13, 2015

Is more regulation on the way in Ohio to control how much water drillers take from local streams and rivers? MDN editor Jim Willis moderated two panels at the recent Oil & Gas Awards Industry Summit in Pittsburgh in March (see 2015 Northeast Oil & Gas Awards: A Quick Recap & List of Winners). Jim always learns something new when attending and participating in these events. Something he learned in March was a bit of an eye-opener. In Ohio, water withdrawals from streams and rivers is pretty much on the honor system. Drillers are supposed to report it, and they do–but they report after the fact. There is no oversight to ensure a streams or rivers are too low to withdraw water. By all accounts drillers have been good stewards and careful not to overdraw–but it is on the honor system and that’s beginning to bother some, like Ohio Democrat Jack Cera from Bellaire (Belmont County)…
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Industrywide Issues | Ohio | Regulation | Statewide OH | Utica Shale

ODNR: Ohio Will Issue Fewer Utica Permits in 2015 than in 2014
April 13, 2015April 13, 2015

Rick Simmers, chief of the Ohio Dept. of Natural Resources’ Division of Oil and Gas said last week he expects the state will issue up to 20% fewer Utica Shale permits in 2015 than they issued in 2014. If that happens, it would be the first time since the Utica became a household name that fewer permits have been issued. Permits, however, do not equal production. Production in the state is expected to continue rising…
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Anti-Drilling/Fossil Fuel | Industrywide Issues | Maryland | Regulation | Statewide MD

Maryland Closer to a 2-Year Fracking Ban, Will Gov have Guts?
April 13, 2015April 13, 2015

We had high hopes that Maryland might begin shale drilling before New York, after years of making fun of Maryland as being the only state more dysfunctional that New York. Maryland’s outgoing governor, Martin O’Malley, released new regulations that would allow fracking to begin (see Fracking in Maryland (!) in 2015? Quite Possibly). We should have known O’Malley, after attempting to slow down fracking for four long years, had ulterior motives. He wants to run for president. Plus he knows his old cronies in the People’s Republic of Maryland Legislature won’t let fracking happen anyway–so there was no downside in releasing new regulations to allow it. After a glimmer of hope, it seems we’re now back to more delays in fracking. Last Friday the Maryland Assembly voted to block fracking for another two years, mirroring a bill passed by the Senate last week (see Maryland Republican Senator Votes to Delay Fracking (Say What?)). Both the House and Senate votes are “veto proof”–so says the Baltimore Sun. Will Maryland’s new Republican governor, Larry Hogan, cave and sign the bill under some pretense that fracking will get here sooner or later in order to avoid an early defeat? Or will he show integrity and stamp a big VETO across this nonsensical tomfoolery?…
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Accidents | Industrywide Issues | Ohio | Regulation | Trumbull County | Wastewater

Trumbull County Injection Well Spill Didn’t Affect Water Wells
April 13, 2015April 13, 2015

Last week MDN told you about 5 injection wells in Trumbull County, OH that had been shut down by the Ohio Dept. of Natural Resources (ODNR) following a finding that some of the frack wastewater intended for the wells had been found in a local wetland and nearby pond (see ODNR Shuts Down 5 Injection Wells in Vienna, OH After Spill). The operator is Kleese Development Associates of Warren, OH. The good news is that the Ohio Environmental Protection Agency has investigated and found nearby water wells are just fine–no contamination…
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Columbia Pipeline Group | Energy Services | Industrywide Issues | Pennsylvania | Pike County | Pipelines | Regulation

Columbia Gas Slapped with $150K Fine for Pipeline Work in 2011-12
April 10, 2015April 10, 2015

Building a pipeline can be expensive in more ways that one. Columbia Gas Transmission has just been fined $150,000 by the Pennsylvania Dept. of Environment Protection for violations of the Clean Streams Law during construction of a pipeline in Pike County–construction that happened in 2011-2012. The DEP made inspections during the construction and observed over 100 violations–“failure to implement, maintain and provide temporary stabilization of disturbed areas, and potential pollution and sediment discharges into waterways.” Why it takes three years to levy and collect a fine we have no idea. Here’s the announcement from the DEP…
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Industrywide Issues | Lackawanna County | Landfills | Pennsylvania | Regulation

DEP Still Studying Keystone Landfill Expansion, Plans 2nd Hearing
April 10, 2015April 10, 2015

The third busiest landfill in Pennsylvania is the Keystone Sanitary Landfill, located on the outskirts of Scranton. The Keystone Landfill accepts a great deal of drill cuttings from Marcellus drilling. MDN has chronicled the long fight to first accept, then expand acceptance of drilling waste at the site. Last year Keystone applied for a permit to expand the landfill again–but instead of outward, they want to expand it upward, making it higher, to gain more capacity. At present about 10% of the incoming waste stream at the landfill is shale waste. The Pennsylvania Dept. of Environmental Protection (DEP) had, as of last summer, delayed granting the expansion request pending more study (see DEP Delays Scranton Landfill Expansion; Requires Study). In the meantime, Keystone’s base operating permit was up for renewal and earlier this week they got that renewal from the DEP. In the DEP announcement about renewing Keystone’s base permit, they mentioned that a new/second public hearing will soon be held on Keystone’s request to expand upward…
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Industrywide Issues | Ohio | Regulation | Trumbull County | Wastewater

ODNR Shuts Down 5 Injection Wells in Vienna, OH After Spill
April 8, 2015April 8, 2015

The Ohio Dept. of Natural Resources last week ordered the operator of five injection wells–all located in one area in Vienna Township (Trumbull County), OH–to close them all down. That somewhat radical action came following a finding that some of the frack wastewater meant to go down into the wells for injection had instead ended up in a nearby pond and wetland, contaminating both. The operator of the five injection wells is Kleese Development Associates of Warren, OH…
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Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

Maryland Republican Senator Votes to Delay Fracking (Say What?)
April 8, 2015April 8, 2015

Another “with friends like these, who needs enemies” stories when it comes to fracking in Maryland. It had seemed as though fracking in the Old Line state might take off–perhaps not soon, but at least at some point in the next year or two (see Maryland Gets Ready to Frack! Gov O’Malley Files New Regulations). We should have known former Maryland Gov. Martin O’Malley, a lefty Democrat, only issued new fracking regs on his way out of office because he wants to run for president (he never wanted fracking). Still, we take our victories any way we can get them. But then the House and Senate started larding up the issue by passing all sorts of bills that would throttle or even prevent fracking. Last week the Maryland House passed a moratorium for three years, and on Monday of this week, the Maryland Senate passed a mortatorium for two years. The curious thing is that Maryland Republican State Senator George Edwards, whose district in Western Maryland is about the only district that would conceivably see fracking, voted FOR the two year moratorium! He supposedly supports fracking. Wait…did we miss something? Did logic and common sense just go out the window? More politics as usual?…
Read More “Maryland Republican Senator Votes to Delay Fracking (Say What?)”