Regulation

Industrywide Issues | Landfills | Ohio | Regulation | Statewide OH | Utica Shale | Wastewater

MDN’s Guide to New TENORM Rules for OH Utica Drillers
March 12, 2014March 12, 2014

Last year, the Ohio state legislature passed an omnibus “everything but the kitchen sink is in there” bill (HB59) that covered, among other things, a requirement that oil and gas drillers need to test drilling waste for TENORM–or Technologically Enhanced Naturally Occurring Radioactive Material. Drillers need to test for TENORM (or naturally occurring radioactivity) in wastewater and drill cuttings under certain conditions, according to the legislation. MDN tracked down House Bill 59 and read it. We include the relevant section from the massive 699-page law below.

It appears to MDN’s eye that if OH shale drillers recycle the waste and re-use it on site (in the case of fluids), there is no need to test. Likewise, if they cart fluids to another nearby drill site for re-use, no need to test. If they dispose of it via a Class II injection well–no need to test. That covers about all of the ways Utica drillers handle liquid waste. It seems to us the only real requirement will be to test drill cuttings (leftover rock and dirt) for radioactivity before disposing of them in landfills. The reason this is news now is because the Ohio Dept. of Health was charged with drafting guidelines for how such materials should be sampled and analyzed to determine whether TENORM levels are high enough to warrant special treatment. The DOH recently released those guidelines, which OH drillers will now need to pay attention to when it comes to testing at the drill site…
Read More “MDN’s Guide to New TENORM Rules for OH Utica Drillers”
Hydraulic Fracturing | Industrywide Issues | Regulation | Statewide WV | West Virginia

Impact of WV’s New Chemical Tank Law on Marcellus Drillers
March 12, 2014March 12, 2014

An important update on the new rules coming to West Virginia drillers impacting how they use above ground chemical storage tanks. As MDN previously reported, the WV legislature passed SB373 in the closing hours of the 2014 legislative session (see Fate of 3 WV Laws that Impact Marcellus/Utica Drilling). That bill was in response to a chemical leak that affected the drinking water for 300,000 WV residents. Even though the leak was not related to oil and gas drilling (it was related to coal mining), the new rules governing above ground storage tanks for chemicals affect a number of industries, including the Marcellus Shale drilling industry.

Although the final language of the bill has yet to be set in stone and signed into law, enough of it is now known that it can be analyzed. The bright legal beagles at the energy law firm of Lewis Glasser Casey & Rollins, PLLC have done just that. Here is how the newly minted SB373, once signed into law, will impact WV’s oil and gas industry:
Read More “Impact of WV’s New Chemical Tank Law on Marcellus Drillers”
Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Wayne County

DRBC Selects Steve Tambini as New Leader, Enviro Groups Unsure
March 11, 2014March 11, 2014

It is the end of an ignominious era. Carol Collier, whose own anti-drilling views have stopped any forward progress on potential Marcellus Shale drilling in the Delaware River Basin, will tomorrow leave the Delaware River Basin Commission (DRBC) that she has headed for 15 years. Last September when she announced she would retire this March, we predicted her platitudes about finalizing draft shale drilling plans would go nowhere. We were right (see DRBC Director Carol Collier Announces Her Retirement). It’s now goodbye and good riddance.

In Collier’s place as the new executive director of the DRBC is Steven J. Tambini, currently vice president of operations at Pennsylvania American Water. Steve has been a water guy for over 30 years with lots of experience in water supply engineering and water resource planning. He will take over on August 1st. Until then, Steve is not saying much. The Marcellus Shale Coalition says they’re looking forward to working with Tambini to craft common sense regulations that will allow shale drilling in places like Wayne County, PA. The rabidly anti-drilling Delaware Riverkeeper organization says they don’t know Tambini. Translation: “He’s not one of us.” Which may indeed be a good sign…
Read More “DRBC Selects Steve Tambini as New Leader, Enviro Groups Unsure”
Earthquakes | Energy Companies | Hilcorp Energy | Hydraulic Fracturing | Industrywide Issues | Mahoning County | Ohio | Regulation

2 New Earthquakes Near Youngstown, OH – Fracking Connection?
March 11, 2014March 11, 2014

A few years ago a now-shuttered injection well near Youngstown, OH was linked to a series of earthquakes in the area (see ODNR Finds Youngstown Injection Well Caused Earthquakes). The injection well was found to be located over an active fault–and when you inject a lot of liquid into a fault area, you get earthquakes.

When earthquakes happen in areas like Youngstown–an area that doesn’t usually see such activity–it’s cause for concern. Yesterday morning there were two more earthquakes big enough to be felt in the Mahoning Valley area. The first quake was a 3.0 on the Richter scale, and the second a 2.6. So, out of “an abundance of caution,” the Ohio Dept. of Natural Resources (ODNR) has asked the single drilling operation in the area–Hilcorp Energy–to suspend their drilling activity for now. There are no active injection wells in the area–only Hilcorp’s Utica Shale drilling operation of 7 wells on 2 well pads…
Read More “2 New Earthquakes Near Youngstown, OH – Fracking Connection?”
Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

MD Depts Working on Shale Drilling Slap Down Meddling State Pols
March 11, 2014March 11, 2014

In 2011, Maryland Gov. Martin O’Malley (Democrat) issued an executive order instructing the Maryland Department of the Environment and the Maryland Department of Natural Resources to work together on figuring out how shale drilling can be done in the state without undue environmental risks. It’s been three long years and the departments, working together, are nearing the end of the process. So what do Maryland’s Democrat politicians do? They jump right in and start offering bills that would hamstring and nullify the good work being done to figure out shale drilling and get it moving.

The secretaries of both Maryland departments–Robert Summers and Joseph Gill–have penned a joint commentary running in the *Baltimore Sun* that essentially provides a verbal slap across those meddling politicians’ faces and tells them to leave well enough alone until their departments complete their work later this year. Good for them…
Read More “MD Depts Working on Shale Drilling Slap Down Meddling State Pols”
Industrywide Issues | Landfills | Regulation | Statewide WV | West Virginia

WV Legislature Fumbles the Ball on Landfill Bill, Does Nothing
March 11, 2014March 11, 2014

Last week MDN asked the question, “Will WV Lawmakers Have Guts to Tackle Cuttings in Landfills Bill?” in the closing days of the WV legislative session. We now know that the answer is a resounding “no.” The proposed bill before lawmakers would have shored up, in law, the right of landfills to accept certain amounts of drilling cuttings from Marcellus and Utica Shale drilling (leftover rock and dirt). Landfills currently accept drill cuttings that exceed limits set elsewhere in law, based on a temporary directive by the Secretary of the WV DEP.

The problem with not passing a bill is that the Secretary’s authority to issue the directive (essentially a stand-in regulation until a law is passed) will, sooner or later, be challenged in court by anti-drillers with big bucks. And then a judge will decide what is properly a policy issue that should be decided legislatively. That is, lawmakers shirked their responsibility and it spells uncertainty ahead for both WV landfills and drillers…
Read More “WV Legislature Fumbles the Ball on Landfill Bill, Does Nothing”
Forced Pooling | Hydraulic Fracturing | Industrywide Issues | Regulation | Statewide WV | Taxation | West Virginia

Fate of 3 WV Laws that Impact Marcellus/Utica Drilling
March 10, 2014March 10, 2014

Each year the West Virginia legislature meets for 60 days to consider new legislation. Some bills make it to a floor vote, most do not. There are three bills of major concern to Marcellus and Utica Shale drillers before WV legislators during this session, which just wrapped up last week: chemical tank regulation; WV Future Fund; and forced pooling. One of the three passed and will almost certainly be signed into law by WV Gov. Earl Ray Tomblin. Another passed with major modifications, rendering it unrecognizable from the original. The third, to our knowledge, never made it to the floor for a vote and died in committee.

Which was which?…
Read More “Fate of 3 WV Laws that Impact Marcellus/Utica Drilling”
Albany County | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Regulation | Statewide NY

NY Attorney General Files to Dismiss Norse Lawsuit, More Delays
March 7, 2014March 7, 2014

The government of the State of New York–or rather certain government officials–continue to deny justice to residents in the state. The state’s supposed chief defender of the law, Attorney General Eric Schneiderman, unbelievably has filed a motion to dismiss the Article 78 case filed by Norse Energy that would compel Gov. Andrew Cuomo, DEC Commissioner Joe Martens and State Health Commissioner Nirav Shah to stop their intentional obstruction and finalize shale drilling rules. Norse, and the residents of New York, have been denied justice for 5 1/2 long years, and now Schneiderman doesn’t even want to allow those people their day in court. The attempt, if successful, would be an unimaginable miscarriage of justice by the highest officials in the state. It is, in fact, government tyranny of its residents.

Norse’s legal beagle, Tom West, has filed a counter motion to the AG’s motion that points out the arrogance and huge legal holes in the AG’s arguments. In addition to delaying a hearing that was first set in January, then moved by the court to March, and now moved again to “sometime in April,” the court that will hear the case (Albany County Supreme Court) has decided to join a similar case brought by the 70,000-member Joint Landowners Coalition of New York to the Norse Energy case. West believes the AG will try to dismiss the JLCNY case as well (Schneiderman has no shame and actively works against his own constituents). Below is an update from The West Firm along with an announcement from the JLCNY about the further delay in their case…
Read More “NY Attorney General Files to Dismiss Norse Lawsuit, More Delays”
Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA | Taxation

Drillers Petition PA Court (Again) to Participate in Act 13 Case
March 6, 2014March 6, 2014

Try this on for size. Pennsylvania lawmakers passed sweeping new regulations, called Act 13, that control how and where drillers can drill, and stipulate how much money drillers will pay as part of a new “fee” (really a tax, but called an impact fee). A portion of the Act 13 law–statewide uniform zoning regulations–was challenged by seven townships that eventually won in the PA Supreme Court (see Happy Story Ends Badly Because of 7 PA Towns). Early on the drilling industry wanted to join the case to argue in favor of the Act 13 law but the wizards on the bench said nyet. The judges said the industry had no “standing” to be party to the suit, while an anti-drilling environmental organization was allowed to participate. “Standing for me but not for thee” was the attitude. It was and is the height of hypocrisy because the Act 13 law directly affects those very industry groups and their members. Anyone can see there’s “standing” for the industry to participate in a lawsuit that directly affects them.

The PA Supreme Court made a poor decision on Act 13, based on poor theories of law, and then took the easy way out and sent the non-zoning portions of the case back to a lower court to decide if the entire law should be scrapped. There’s a very possibility that will now happen (see Ongoing Fallout from PA Supreme Court’s Wrong Act 13 Decision). The three top drilling industry groups in PA yesterday petitioned the court, once again, to join the lawsuit as it’s now considered in the lower court, arguing they are DIRECTLY affected by the outcome and indeed it is evident to ALL that they do have standing. The groups are trying to salvage something out of the miscarriage of justice that has occurred at the Supreme Court. Question is: Will anti-drilling judges once again deny their petition to join the case?…
Read More “Drillers Petition PA Court (Again) to Participate in Act 13 Case”
Industrywide Issues | Pipelines | Regulation

Industry Supports Bill Forcing FERC to Approve Pipelines <1 Year
March 6, 2014March 6, 2014

Apparently a year is not long enough for employees at the Federal Energy Regulatory Commission (FERC) to approve new pipeline applications. FERC is the agency charged with approving new interstate natural gas (and other types of) pipelines. It’s a long, arduous, and complex process to approve and build a new pipeline. You might think if an agency had 100% completed paperwork before them it wouldn’t take an entire year to evaluate and approve it–but indeed, it often takes longer. Much longer. Years, in fact.

Enter Congressman Mike Pompeo, Republican from Kansas. Last year he introduced H.R. 1900 which would bring some “discipline” to the process by making FERC approve or deny newly proposed pipeline projects within a year of receiving all necessary paperwork. Jeff Wright, director of FERC’s Office of Energy Projects, promptly threatened lawmakers, telling them if FERC is backed into a corner, the agency will simply start denying projects left and right (see FERC Warning to Lawmakers: Back Us in a Corner, You’ll be Sorry). We hadn’t heard anything further on H.R. 1900 since Wright’s threat, until we spotted this…
Read More “Industry Supports Bill Forcing FERC to Approve Pipelines <1 Year”
Anti-Drilling/Fossil Fuel | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Range Resources Corp | Regulation | Washington County

Mt. Pleasant, PA Continues to Ride Range Over Water Ponds
March 5, 2014March 5, 2014

As we told you last week, when PA towns make up their own zoning laws for oil and gas drilling, chaos and confusion reigns, as is the case in Mt. Pleasant (Washington County), PA (see Mt Pleasant Twp Shenanigans re Range Request for Water Ponds). Mt. Pleasant, one of seven townships that successfully sued the state to overturn Act 13 effectively screwing every municipality in the state out of millions of dollars of impact fee money, continues their snit fit over Range using a few water ponds to drill new shale wells in non-Mt. Pleasant locations.

The board voted to uphold their zoning violations of four such ponds so Range has filed yet another lawsuit hoping they can find an impartial judge to set the matter straight. Here’s the latest…
Read More “Mt. Pleasant, PA Continues to Ride Range Over Water Ponds”
Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Political Opposites Unite to Form Pro-Fracking Group in NY
March 4, 2014March 4, 2014

The 70,000-member Joint Landowners Coalition of New York (JLCNY), along with the Broome County Farm Bureau and several Southern Tier labor unions formed a new group (perhaps confederation is a better word) yesterday called Southern Tier Residents for Economic Independence. The new group illustrates how the fracking issue unites groups of people that often are on opposite sides of the political spectrum. Many labor unions are pro-fracking, a little-known secret anti-drilling “environmentalist” groups like to hide since labor unions usually swing Democrat/Liberal with their voting block. The fact that unions are defecting to “the other side” on this issue is causing heartburn inside anti-fracking central–places like Citizen Action of New York and the Park Foundation. Such anti-drilling groups haughtily believe they “own” the labor unions. Problem is, rank and file union members didn’t get that particular memo.

Here’s the story of people with different political philosophies reaching across the isle for a righteous cause–shale drilling in NY…
Read More “Political Opposites Unite to Form Pro-Fracking Group in NY”
Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Ohio | Regulation | Statewide OH | Utica Shale

OH Anti-Drillers Call for ODNR Chief’s Resignation Over PR Plan
March 4, 2014March 4, 2014

A few weeks ago we told you about the Ohio Dept. of Natural Resources’ brilliant communications plan to counter the wackos in their state on the issue of drilling under (not on) one state forest and two state parks (see ODNR Ticks Off Anti-Drilling Sierra Club with Drilling PR Plan). We also told you that this issue won’t go away for a while, and that Gov. John “foreigner hunter” Kasich has already backed down (see The Disgusting PR Mess in Ohio – No One Smells Pretty). As we predicted, the wacko contingent in Ohio never lets a good manufactured crisis go to waste, and so now a group of the nuttiest of the nuts is calling for the resignation of ODNR chief James Zehringer.

The only problem is, Kasich & co seem to be so intimidated by these kooks, you have to wonder if he’ll cave and make Zehringer a sacrificial lamb on the green altar…
Read More “OH Anti-Drillers Call for ODNR Chief’s Resignation Over PR Plan”
Energy Services | Industrywide Issues | Pipelines | Regulation | Transco | Williams

Williams Happy with FERC Progress on NE Pipeline Expansions
March 4, 2014March 4, 2014

Yesterday Williams issued a press release touting last Friday’s Federal Energy Regulatory Commission (FERC) issuance of a final environmental review for the Transco Pipeline’s Rockaway Lateral and Northeast Connector expansions. The final review is prelude to a final decision by FERC to green light the projects, something Williams (the owner of Transco) clearly believes will happen. The final FERC decision will be issued this spring. When it is, and when Williams builds those expansions, it means more gas will flow to New York City by next winter–in time for the winter heating season.

The irony is, of course, that none of the gas flowing through the Transco to NY will be from New York State itself but instead will come mostly from the Marcellus Shale in Pennsylvania. Keep an eye out for the loonies who are bound to come out of the woodwork to oppose the expansion. Perhaps we’ll see more nutjobs like those that opposed the now-functioning Spectra Energy pipeline to Manhattan (see NYC Pipeline Protesters Get Naked, Paint Themselves Green). Here is yesterday’s “attaboy FERC” announcement from Williams:
Read More “Williams Happy with FERC Progress on NE Pipeline Expansions”
Broome County | Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Regulation | Statewide NY

Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now
March 4, 2014March 4, 2014

Just a quick word of encouragement to participate in an informal poll on the Binghamton Press & Sun-Bulletin website that asks the question: “Should New York approve natural gas drilling?” This poll has been active since late last week, so we expect them to shut it down at any time–be sure to vote right away (if that’s your pleasure). As of this morning, some 18,133 people had voted. Here was how the results stood…
Read More “Binghamton Newspaper’s Informal Fracking Poll – Cast Your Vote Now”
Coterra Energy (Cabot O&G) | Energy Companies | Energy Services | Industrywide Issues | New York | Pennsylvania | Pipelines | Public Opinion | Regulation | Statewide NY | Statewide PA | Williams

Constitution Pipeline Payments to Groups – Donations or Payola?
March 3, 2014March 3, 2014

What do you call it when a company pays money to local organizations and agencies before the project has been fully approved by federal, state and local agencies? These payments, mind you, are not fees for permits or licenses, but voluntary chunks of money offered to groups that may be affected by the project if it’s built–in this case a pipeline. Is it called, Good corporate citizenship? Being a responsible member of the local community? Or perhaps, payola?

Regardless of what you call it, the Constitution Pipeline, a desperately needed natural gas pipeline that will run from the gas fields of Susquehanna County, PA to central New York where it will connect to two major interstate pipelines, has now paid out more than $1 million in “community grants” to help build support for the pipeline. Is that a good thing, or bad? We think it’s time to have that discussion…
Read More “Constitution Pipeline Payments to Groups – Donations or Payola?”