Regulation

Anti-Drilling/Fossil Fuel | Erie County (NY) | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Dems’ Testy Response to Criticism of Andy’s Fracking Indecision
November 11, 2013November 11, 2013

This is rich. The head of the Republican Party in New York State, Ed Cox, criticizes Democrat Gov. Andrew Cuomo over the issue of his impotency on the fracking issue (see Andrew Cuomo: Hamlet on the Shale), and the Democrats are so thin-skinned they immediately call for an investigation of Cox for “unethical or potentially illegal” actions. You can tell how vulnerable Andy and the Dems are on this issue by the way they misuse their power to try and obliterate all dissenting views.

Democrat State Sen. Timothy Kennedy of Buffalo is the latest shill to rise up and defend his boy Andy, calling for an investigation of Cox…
Read More “NY Dems’ Testy Response to Criticism of Andy’s Fracking Indecision”
Hydraulic Fracturing | Industrywide Issues | Ohio | Pipelines | Processing Plants | Regulation | Statewide OH | Utica Shale

Cheat Sheet: Which Agencies Regulate OH Drilling/Pipelines
November 11, 2013November 11, 2013

Last week MDN told you of a new change in how natural gas gathering pipelines are regulated in Ohio. Until last week, the safety of gathering pipelines was fuzzy–really no one in charge of ensuring safety for gathering lines. That changed when the Public Utilities Commission of Ohio (PUCO) took over as lead agency for regulating that particular type of pipeline (see PUCO Now Regulates Gathering Pipelines in Ohio). But there are a few different kinds of pipelines and depending on which kind, a mish mash of federal and state (and even local) agencies are in charge of permitting and inspecting said pipelines.

The reality of who regulates what when it comes to pipelines and other aspects of shale drilling is complex. PUCO decided it was a good idea to issue a press release/update to clear it all up. Apparently their office was flooded with requests for explanations, so they developed a handy chart to indicate who regulates what in Ohio’s shale drilling industry. It’s a very helpful update (and chart) for not only understanding who regulates pipelines in Ohio, but also who permits and regulates wells, compressor plants, processing plants–the whole enchilada…
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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Andrew Cuomo: Hamlet on the Shale
November 6, 2013November 6, 2013

New York GOP Chairman Ed Cox makes a trip to Buffalo today to deliver the keynote address at the Independent Oil & Gas Association of New York’s annual conference. The title of his speech is, appropriately: “Andrew Cuomo: Hamlet on the Shale.” The title has echoes of his father, former governor of New York Mario Cuomo, who was known as Hamlet on the Hudson for his inability to make decisions on important issues. Apparently the apples does not fall far from the tree. Andy can’t make up his mind either–the mark of a weak leader.

Cox debuted a number of the points he will make in his speech last week in a New York Post column by Fred Dicker:
Read More “Andrew Cuomo: Hamlet on the Shale”
Industrywide Issues | Ohio | Pipelines | Regulation | Statewide OH

PUCO Now Regulates Gathering Pipelines in Ohio
November 5, 2013November 5, 2013

Until last week, no one state (or federal) agency was responsible for regulating gathering pipelines in Ohio–the pipelines that go from individual wells to either a processing plant or a larger transmission pipeline. Other types of pipelines are regulated by a mish mash of state and federal agencies, but not the gathering lines themselves. However, last week the Public Utilities Commission of Ohio (PUCO) adopted new rules into the Ohio Administrative Code as provided for by Senate Bill 315 of the 129th General Assembly that takes care of that loophole.

Effective now, PUCO regulates gathering pipelines in Ohio…
Read More “PUCO Now Regulates Gathering Pipelines in Ohio”
Industrywide Issues | Regulation | Wastewater

More on Coast Guard Plan to Allow Barging of Frack Wastewater
November 4, 2013

Last week MDN told you the U.S. Coast Guard is in the process of green lighting the barge shipment of frack wastewater and brine (see Coast Guard Green Lights Barge Transport of Frack Wastewater). MDN has tracked down the 25-page proposed policy “letter” issued by the Coast Guard–the rules that will need to be followed by those who want to use barges to ship wastewater (full copy embedded below). In addition, we also discovered the website the Coast Guard is using to elicit public comments.

So far, there are nine comments on the public comment page (they’re currently displaying only nine of 29 they’ve received), all of them against barge shipment of frack wastwater (see this page). MDN editor Jim Willis filled out his own comment in support of barge shipments (which hopefully will show up soon). What about other pro-drillers who read MDN? You might want to consider stopping by this page to leave a comment that supports barge shipments of frack wastewater…
Read More “More on Coast Guard Plan to Allow Barging of Frack Wastewater”
Accidents | Industrywide Issues | Ohio | Regulation | Statewide OH

OH Drillers Have Extra 30 Days for New Chemical Reporting: Dec 15
November 4, 2013November 4, 2013

As MDN chronicled in September, Ohio’s anti-drillers have made everyone in the state less safe by forcing drillers to file physical paperwork with local first responders about the chemicals used and stored at drill sites–instead of filing it electronically with just the state where it could more easily be accessed (see OH Antis Force Change in Chemical Reporting, Everyone Less Safe). Dunderheads. The deadline for compliance with this new standard, being forced on Ohio by the federal government, was November 15th. Because it’s taking a bit longer than expected (surprise!), the new compliance date for OH drillers is now December 15th.

So now drillers will have to file the same information in triplicate with a) the State Emergency Response Commission, b) county local emergency planning commissions, and c) fire departments who cover the area where they are drilling. Intrepid (and very brave) first responders will then have to choose: Dial up the information via the internet from the state’s website and hope what they find there is the same as what they have in their own files, get someone out of bed at the county level to rifle through the file cabinet, or leave a first responder behind at the firehouse to rifle through their own file cabinet (instead of actually responding to the emergency). Fabulous choices. Thanks so much anti-drillers!…
Read More “OH Drillers Have Extra 30 Days for New Chemical Reporting: Dec 15”
Air Quality | Industrywide Issues | Regulation | Statewide WV | West Virginia

WVU Prof Keeps Up Pressure on Improved Air Quality at Drill Sites
November 4, 2013November 4, 2013

West Virginia University professor and research Dr. Michael McCawley, chairman of the Dept. of Occupational & Environmental Health Sciences in the School of Public Health, is nothing if not persistent. Dr. McCawley is the lead researcher and author of a “raw” report that was done for the WV Dept. of Environmental Protection (WVDEP). The report was on air pollution potential around drilling sites. According to McCawley his original research was ignored by WVDEP (see Did WVDEP Ignore It’s Own Research on Shale Well Air Pollution?). A few weeks ago he took his case directly to WV legislators to tell them existing setback standards are not good enough (see WVU Prof Tells Legislators 625? Setback in Drilling is Not Enough).

McCawley continues to keep up the gentle pressure by keeping the issue alive in the press and in people’s consciousness–and frankly, we admire him for it. We don’t view McCawley as a wild-eyed anti-driller. It appears to us that he’s genuinely concerned with people’s health and with a thriving shale drilling industry. McCawley’s proposed regulatory changes are common sense and would not prevent shale drilling in WV. His latest comments…
Read More “WVU Prof Keeps Up Pressure on Improved Air Quality at Drill Sites”
Air Quality | Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

Latest Laughable NY Anti Tactic – Not Enough Gas, Just Move Along
November 1, 2013November 1, 2013

A couple of nights ago a group of four retired anti-drilling ~~hippies~~ “smart people” tried the latest tact in the sad tale of frackless (and feckless) New York: Try to convince the unthinking masses with charts and maps and bamboozling bullcrap that recoverable, profitable natural gas stops at the border of Pennsylvania and New York. Yes that’s right folks. “Don’t bother to drill in NY because there just ain’t enough gas in the ground to make it worthwhile.” That’s what passed for smart and insightful, as delivered by Jerry Acton (pictured), Chip Northrup, Lou Allstadt and Brian Brock (anti-drillers all) at the once great Cornell University.

Master of ceremonies? The itinerant stand-up comedian and Cornell professor, Tony Ingraffea, of course…
Read More “Latest Laughable NY Anti Tactic – Not Enough Gas, Just Move Along”
Energy Services | GreenHunter Resources | Industrywide Issues | Regulation | Wastewater

Coast Guard Green Lights Barge Transport of Frack Wastewater
October 31, 2013October 31, 2013

Good news for GreenHunter Water and their multiple barge facilities located along the Ohio River: The U.S. Coast Guard issued a proposal on Tuesday that will allow GreenHunter (and other companies) to barge frack wastewater from one point to another for eventual disposal by injection well. MDN reported back in August that the federal government, including the Coast Guard, was “very close” to approving barge transport for frack wastwater (see Federal Approval for Barging Frack Wastewater Very Close).

After a 30-day comment period the Coast Guard will move forward with their proposal and announce a date on which transportation by barge can begin. This is very good news for GreenHunter and others who have been waiting for more than a year to begin barge transport…
Read More “Coast Guard Green Lights Barge Transport of Frack Wastewater”
Anti-Drilling/Fossil Fuel | Industrywide Issues | New York | Regulation | Statewide NY

LNG Storage/Fueling Stations Latest Anti-Drilling Target in NY
October 31, 2013October 31, 2013

New York State is first in all of the things you don’t want to be first in–like having the highest unemployment and taxes of any state in the union–and dead last in all the things you don’t want to be last in. Example: New York is the only state that does not allow liquefied natural gas (LNG) storage and LNG fueling stations. Translation: All of those new trucking fleets being purchased by UPS and other companies can’t operate in New York because there’s no place to fuel up.

LNG fueling stations have nothing to do with whether or not NY decides to allow fracking, but anti-drillers are attempting to make a connection anyway. A group of more than 100 anti-drillers piled into a hearing room in Albany yesterday to tell the state Dept. of Environmental Conservation they oppose the DEC’s plan to allow LNG storage and fueling stations. The usual crowd of hippie retreads from groups like Catskill Mountainkeeper and NY Public Interest Research Group showed up to mouth off–then they piled back into buses powered by dirty diesel fuel to head back to New York City from whence they came. Rank hypocrites, the lot of them…
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Hydraulic Fracturing | Industrywide Issues | Regulation

House Dems Want OMB/EPA Tag Team to Ban Diesel in Fracking Fluid
October 31, 2013October 31, 2013

More federal interference in fracking appears to be on the way. Two House Democrats–Henry Waxman and Diana DeGette–have “asked” (demanded?) the Office of Management and Budget (OMB) to finalize a permitting guidance rule from the federal Environmental Protection Agency (EPA) that disallows using diesel fuel in fracking fluids. Waxman and DeGette say the current rule in place is not specific enough and that some drillers continue to use diesel in fracking fluids. Accusing drillers of using diesel fuel in fracking fluid gives politicians a talking point to stoke their radical green supporters (and increase campaign contributions).

MDN asks: Is the OMB/EPA rule a good thing, or a bad thing?…
Read More “House Dems Want OMB/EPA Tag Team to Ban Diesel in Fracking Fluid”
Industrywide Issues | Litigation | Pennsylvania | Regulation | Warren County | Wastewater

Waste Treatment, PA DEP Respond to CWA Lawsuit
October 30, 2013October 30, 2013

Yesterday MDN told you about a wastewater treatment plant in Warren, PA that has been sued by Clean Water Action with claims the plant continues to receive, process and dump frack wastewater into the Allegheny River (see CWA Sues/Accuses Waste Treatment Corp of Continued Shale Pollution). Waste Treatment Corporation’s Warren operation was supposed to have stopped that practice in May 2011. The lawsuit says it’s still happening, based on the results of tests from last year by the state Dept. of Environmental Protection (DEP).

Both Waste Treatment Corp. and the PA DEP have responded with statements addressing the CWA allegations and lawsuit. Waste Treatment says they did stop processing Marcellus Shale wastewater in 2011. The PA DEP says the agency filed its own lawsuit against Waste Treatment in September of this year. Frankly, it’s not at all clear to MDN what the real facts are in this case–yet. After reading the responses, we have more questions than answers…
Read More “Waste Treatment, PA DEP Respond to CWA Lawsuit”
Anti-Drilling/Fossil Fuel | Energy Services | Industrywide Issues | Pipelines | Regulation | Transco

Anti-Drillers Try to Slow New Transco Pipeline Near Princeton, NJ
October 30, 2013October 30, 2013

Several so-called environmental groups, including the odious Food & Water Watch, have filed a notice of intervention with the Federal Energy Regulatory Commission (FERC) in an attempt to stop Transco from building 1.3 miles of new natural gas pipeline near Princeton, NJ.

FERC now has to review the objection and render a decision, a process that will further delay the project, which of course is the intent…
Read More “Anti-Drillers Try to Slow New Transco Pipeline Near Princeton, NJ”
Hydraulic Fracturing | Industrywide Issues | Regulation | Research

Congressional Research Service Issues Updated Report on Fracking
October 30, 2013October 30, 2013

From time to time our brilliant leaders in Washington need an update on a given topic, a “Cliff Notes” summary they can scan to supposedly bring themselves up to date on a given weighty and pressing issue. Where do they turn? To their very own Congressional Research Service, of course. The CRS has been producing reports for, well, as long as there’s been a CRS (predating MDN’s Jim Willis’ time on Capitol Hill in the 1980s). Last week an updated report was issued by the CRS titled “Hydraulic Fracturing: Selected Legal Issues” (full copy embedded below). The previous version of the very same report, R43152, was issued in July (see New Congressional Report: How Federal Laws Govern Fracking).

Since these reports only get created and issued when requested by a member of Congress, we’re guessing someone requested an update. Which makes us nervous because the federal government should have NO role in the regulation of fracking (Constitutionally it belongs to the individual states, not the federal government). We don’t know what may have changed between July and today, but we include the new version of the report below for your reading and scanning pleasure…
Read More “Congressional Research Service Issues Updated Report on Fracking”
Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Statewide NY

When Will We Know if NY Will See Fracking? June 2014
October 29, 2013

A question MDN is frequently asked… Q: When will the issue of fracking in New York State really and truly be decided–and by whom? A: June 2014, by the NY Court of Appeals. “Not by Gov. Cuomo?” you ask. Nope. He’ll come around, eventually. The real issue has always been whether or not entire towns can ban fracking based on the vote of 3 or 4 people who sit on a town board–a vote that denies every citizen in that town their Constitutional private property rights. Two cases now before the New York Court of Appeals will decide the issue once and for all.

Thanks to the lead attorney for one of those cases–Scott Kurkoski, attorney for the “Middlefield” case–we now have insight into how and when this will all progress from now through June of next year. It started yesterday when briefs were filed by Kurkoski (for Middlefield) and by Albany-area attorney Tom West (for the “Dryden” case) with the Court of Appeals…
Read More “When Will We Know if NY Will See Fracking? June 2014”
Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Warren County | Wastewater

CWA Sues/Accuses Waste Treatment Corp of Continued Shale Pollution
October 29, 2013October 29, 2013

Is a municipal waste treatment facility in Warren County, PA (northwestern part of the state) still accepting and treating Marcellus Shale frack wastewater that is polluting the Allegheny River? That is the very serious charge made in a federal lawsuit filed yesterday by the radical anti-drilling organization Clean Water Action (CWA). Waste Treatment Corporation’s facility near Warren was supposed to have stopped receiving frack wastewater from Marcellus Shale drilling in May 2011, after a deal was made with then-Dept. of Environmental Protection Secretary Michael Krancer (see PA DEP, Marcellus Shale Coalition Admit Drilling Wastewater Likely Contaminating Drinking Water). According to CWA, Waste Treatment continues to accept Marcellus frack wastewater, process it and dump it into the Allegheny, thereby polluting it. The Allegheny is the source of drinking water for Pittsburgh and other municipalities.

The CWA also charges that the PA DEP knows about said dumping and is sitting on its hands, attempting to work out a new deal rather than shut the plant down or otherwise pull their permits to get them to stop…
Read More “CWA Sues/Accuses Waste Treatment Corp of Continued Shale Pollution”