Regulation

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?…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA DEP Gives Public 45 Days to Comment on O&G Rule Changes
April 7, 2015April 7, 2015

The 2012 Act 13 law required the Pennsylvania Dept. of Environmental Protection (DEP) to update sections of the older 1984 PA Oil & Gas Act (see Rewrite of 1984 PA Oil and Gas Act Underway). That process was pretty much done and dusted under PA Gov. Tom Corbett. But then his Secretary of the DEP, Chris Abruzzo, resigned near the end of Corbett’s term, throwing the department into some disarray (see PA DEP Sec. Chris Abruzzo Resigns Following Porn Email Scandal). Tom Wolf won the governor’s race and installed John Quigley to head up the DEP and Quigley had other ideas about the rewrite that was nearly done (see PA DEP Sec Quigley Pulls a Fast One, Changes Drilling Rules). Now that Quigley has changed things up, he’s going to give the “public” a good long look. Instead of the typical 30 day comment period, Quigley’s DEP announced yesterday they will give the public three hearings and 45 days (ending May 19) in which to comment on their changed new rule changes…
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Butler County | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Why < 9% PA Towns Haven't Passed O&G Zoning Regs: Anti-Drillers
April 7, 2015April 7, 2015

There’s a reason that less than 9% of communities in the 33 Pennsylvania counties with shale drilling have passed ordinances specifically aimed at the drilling industry. They look at the grief experienced in places like Middlesex Township (Butler County) where Martians–a few parents from the local Mars School District–are agitating to prevent a shale well from being drilled 3/4 of a mile from the school (see Rex Drilling Operation Near Mars School Put on Hold). Those towns see how so-called non-profits like the Delaware Riverkeeper are operating outside of their jurisdictional (we would argue outside of their legal) parameters, costing communities like Middlesex big bucks (see Dela. RiverKeeper, Clean Air Council Cost Middlesex Residents $35K+). Other towns look at that festering mess and say, “no thanks,” which is kind of ironic since the towns themselves sued to overturn portions of the Act 13 law, giving them the right to enact their own oil and gas zoning regulations…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

EPA Expanding CWA (Again), Applies to Shale Drillers re Wastewater
April 7, 2015April 7, 2015

We have mixed emotions about a new rule proposed by the federal Environmental Protection Agency (EPA) that further extends the Clean Water Act behemoth by applying it (yet again) to regulating the oil and gas industry. The new rule, titled “Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category” (document number EPA-HQ-OW-2014-0598, full copy below) would prevent untreated frack wastewater from being treated by municipal sewer and water treatment plants. The entire rule is created because once upon a time this sort of thing did happen in Pennsylvania, before then PA DEP Secretary Michael Krancer put a stop to it in 2012 (see PA DEP, Marcellus Shale Coalition Admit Drilling Wastewater Likely Contaminating Drinking Water). The EPA thinks because PA used to do it, there’s nothing to say they might not fall into their old, bad habits and do it again “someday,” so the EPA wants to put a new unvoted-on law in place to prevent it…
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Anti-Drilling/Fossil Fuel | Cuyahoga County | Hydraulic Fracturing | Industrywide Issues | Litigation | Ohio | Regulation

Broadview Heights, OH Moms: Don’t Frack With Us
April 7, 2015April 7, 2015

Three weeks ago anti-drillers in the Cleveland suburb of Broadview Heights were handed a crushing defeat in which a County Common Pleas Court judge struck down a so-called community “bill of rights”–the only “right” of which was to deny legitimate oil and gas drillers the ability to conduct business. We pointed out what sore losers anti-drillers are (see OH Antis Handed Crushing Defeat in Broadview Hghts Home Rule Case). The immediate reaction from the small group of antis in Broadview Heights was to engage in borderline sedition–calling the government and the courts illegitimate. They’ve appeared to dial back that rhetoric just a tad (perhaps their lawyer told them to pipe down), but they’re still PO’d (personally offended). Last night Mothers Against Drilling In Our Neighborhood (MADION) held a rally to spout and vent…
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Brooke County | Economic Impact | Electrical Generation | Industrywide Issues | Jobs | Regulation | West Virginia

Brooke County, WV Marcellus-Powered Electric Plant Plan Advances
April 6, 2015April 5, 2015

A month ago MDN brought you the big news that the father and son team building a $615 million, 549 megawatt electrical generating plant near Moundsville, WV that will be powered by Marcellus Shale gas are planning to build three more of them–all in West Virginia (see Big News: 3 More Marcellus-Powered Electric Plants Coming to WV). Two of the three new plants will, if built, be located in Brooke County, WV. Last month the Brooke County Commission signed two memorandums of understanding with Energy Solutions Consortium (father and son Andrew and Matthew Dorn) to agree to a plan to let the Dorns build the plants and then sell them to the county, leasing them back to run them–a plan called a PILOT plan, or “payment in lieu of taxes.” The plan allows the Dorns to avoid paying prohibitively high property taxes on the plants while still generating a big, fat payment to the county and local school district. Last week the local board of education and town council also signed on to the plan, an important next step in making the project a reality…
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Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA’s First Monthly O&G Production Report Goes Live
April 2, 2015April 2, 2015

Pennsylvania has now moved to the head of Marcellus pack when it comes to production reporting. Previously drillers in the state were required to file production numbers with the Dept. of Environmental Protection (DEP) every six months, but last October the Republican state legislature passed a bill that Republican Tom Corbett signed into law moving reporting from every six months to every month (see 2 Bills on PA Gov’s Desk: Monthly Production #s, Lease Termination). The first monthly production report, for January 2015, is now available. The DEP says 80% of drillers filed on time (representing 99.5% of shale wells in the state). What do the numbers show?…
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