Regulation

Industrywide Issues | Regulation | Research | Statewide WV | West Virginia

WV DEP Late in Filing Required Marcellus Environmental Studies
January 30, 2013January 30, 2013

In December 2011 the West Virginia legislature pass sweeping new shale drilling regulations in record time. The effort and the end result was heralded by then acting (now sitting) Gov. Earl Ray Tomblin as a “milestone” in addressing concerns about Marcellus Shale drilling in WV.

The 2011 legislation called for three new environmental studies to be completed and delivered to lawmakers. Two of the studies were due within a day of each other: Dec. 31, 2012 and Jan. 1, 2013. Both are late. According the state DEP, one study will be along in mid-February. The other? No estimated date…

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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | New York | Oneida County | Regulation

Town of Westmoreland, NY Bans Fracking
January 30, 2013January 30, 2013

Another New York township has voted (unanimously) to strip away the Constitutional rights of some of its citizens. Westmoreland (Oneida County), NY is the latest township to decide that a board of five people know what’s best for everyone else, in contradiction of New York State law:

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Hydraulic Fracturing | Industrywide Issues | Medina County | Ohio | Regulation

Brunswick, OH (Almost) Thumbs Nose at State over Home Rule
January 30, 2013January 30, 2013

In the latest dustup over “home rule,” city council members in Brunswick (Medina County), Ohio don’t like the state telling them they can’t regulate oil and gas drilling in their own borders. Unfortunately those same city council members don’t seem to know a thing about the miracle of hydraulic fracturing and they’re certainly not qualified to regulate it—but we digress.

Brunswick city council members were set to vote on a non-binding resolution on Monday telling Columbus to go take a hike, but Brunswick Mayor Gary Werner was the calmer head who prevailed. He talked council members into postponing a vote until the Feb. 11 meeting. Werner’s clear-headed reasoning: Why tell the drilling industry that’s transforming the economic landscape in Ohio that Brunswick isn’t interested in jobs or money from drilling?

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Allegheny County | Industrywide Issues | Pennsylvania | Regulation | Wastewater

Permit for PA Frack Wastewater Plant Rescinded by DEP
January 29, 2013January 29, 2013

A New Jersey company had plans (and a permit) to build a Marcellus Shale wastewater treatment plant in North Fayette, PA that would process between 1/2 and 1 million gallons of fracking wastewater per day. The plant would use the wastewater to produce road salt, sidewalk de-icer, roadway dust suppression liquids and other products. One small problem: there may be tiny trace amounts of arsenic, lead, mercury and other nasty compounds in the final products.

The Pennsylvania Dept. of Environmental Protection granted Integrated Water Technologies a permit last August to build the plant and sell the salts and liquids manufactured from wastewater for use throughout the state. However, anti-drilling group PennFuture appealed the permit and now the DEP is backpedaling and “quietly” rescinded the permit by publishing a notice in the Pennsylvania Bulletin on Saturday. Will the plant still be built?

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Hydraulic Fracturing | Industrywide Issues | Ohio | Regulation | Statewide OH | Wastewater

Is Shale Brine Dumping Coming to OH Landfills?
January 28, 2013January 28, 2013

MDN friend and Akron Beacon Journal reporter, Bob Downing, has just published an excellent piece of investigative journalism about brine dumping in Ohio landfills. Bob has tracked down a change in policy in Ohio that theoretically allows landfills to begin accepting brine from shale drilling. Brine is (mostly) naturally occurring salt water from deep below the earth that comes out of the wellbore after the well is drilled.

Some of the state’s 40 landfills have received permits to accept drill cuttings and other solids from the drilling process, but so far none have received permits to accept liquid brine that’s solidified with fly ash and other materials. That may be about to change…

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Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

New PA Emergency Response Planning Reg for Shale Wells Adopted
January 28, 2013January 28, 2013

The Pennsylvania Environmental Quality Board (EQB) and Pennsylvania Emergency Management Agency on Saturday published final regulations covering Emergency Response Planning at Unconventional (i.e. Marcellus) Well Sites (a copy of the new regulation is embedded below).

The regulation was adopted by the EQB in November following a review by the PA Dept. of Environmental Protection’s Oil and Gas Technical Advisory Board last September. The regulation sets requirements for the preparation and implementation of emergency plans at Marcellus Shale drilling sites.

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

IOGA NY Becomes “Adversarial” – DEC Must Revise Fracking Rules
January 25, 2013January 25, 2013

Although the latest public comment period for proposed new drilling rules in New York officially closed on Jan. 11, we’re just now learning about the “comments” (more like a treatise) made by the Independent Oil and Gas Association of New York (IOGA of NY) to the Dept. of Environmental Conservation (DEC), filed on the closing day of Jan. 11.

Many of IOGA of NY’s members are small and medium-sized drillers, and according to IOGA, the DEC’s latest draft of proposed drilling rules simply go too far for smaller drillers. They also say some of the new proposals are illegal. IOGA of NY provided a detailed, 119-page response/critique to the DEC which outlines chapter and verse the changes they believe must be made to the proposed new rules from the DEC before fracking in New York would be viable. A copy of the entire 119-page response is embedded below.

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Energy Services | Industrywide Issues | Luzerne County | Pennsylvania | Pipelines | Regulation | UGI Energy Services | Wyoming County (PA)

UGI Plans Start of PA Marcellus Pipeline Despite Zoning Appeal
January 25, 2013January 25, 2013

Pennsylvania energy utility UGI is working hard to bring low-cost, locally produced Marcellus Shale gas to its customers in the Wilkes-Barre/Scranton area. Currently UGI gets natural gas for its northeast PA customers from the Gulf of Mexico, which is crazy given the abundant, local Marcellus natural gas supplies all around them. But the Luzerne County zoning board last September denied UGI the right to build a much-needed compressor station that would help bring local gas to local customers (see Luzerne County Denies UGI Permit to Build Compressor Station).

UGI appealed that decision in court, and in the meantime, they’re moving forward with building a 28-mile pipeline anyway—an extension of the Auburn Pipeline from Wyoming County to Luzerne County (see the map below for the route of the new pipeline). If UGI’s appeal for the compressor station for the new pipeline fails, they do have a backup plan…

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Democrat Senators (Yet Again) Push Fracking Ban Legislation
January 25, 2013January 25, 2013

Perhaps sensing the fracking issue is about to become moot if the New York Dept. of Environmental Conservation releases new fracking rules in a few weeks, a group of anti-fracking/anti-drilling Democrat state senators are once again pushing for a law to permanently ban fracking in the Empire State.

A pair of newly-elected Democrat senators joined their colleagues on the left to try and force the issue to a vote on the Senate floor—before it’s “too late”…

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Anti-Drilling/Fossil Fuel | Industrywide Issues | Pennsylvania | Regulation | Statewide PA | Taxation

PA DEP Pushes Back: We Did NOT Undercount Wells for Impact Fee
January 24, 2013January 24, 2013

A newly-minted Ph.D. from Penn State, Joel Gehman, got his first teaching job last year as an assistant business professor at the University of Alberta in Canada. He wasted no time in addressing the issue of “publish or perish” in academe. In May of 2012, even before he began his official duties at UA, he co-authored and published a paper titled, “Fracking Patents: The Emergence of Patents as Information Containment Tools in Shale Drilling.” The title itself tells you about Dr. Gehman’s proclivities when it comes to the issue of fracking. (Learn more about his views on his blog). This month Dr. Gehman is back as lead author of a new paper published in the journal Environmental Practice titled, “An Analysis of Unconventional Gas Well Reporting under Pennsylvania’s Act 13 of 2012.”

Dr. Gehman’s new paper makes the strong claim that the DEP did not exploit loopholes in the new Act 13 law to drain every last penny they could via the new impact fee/tax on oil and gas wells, thereby leaving up to $303 million uncollected (see our story Did PA DEP Undercount Act 13 Wells & Forfeit $303M in Revenue?). Michael Krancer, Sec. of the DEP, sent a letter to Gehman on Tuesday with some pretty strong claims of his own…

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Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

A Sad Milestone: NY Fracking Moratorium Turns 4.5 Years Old Today
January 23, 2013January 23, 2013

The current moratorium on high volume hydraulic fracturing (“fracking”) in New York is exactly 4 years and 6 months old today. MDN keeps a handy “Moratorium Clock” in the right sidebar to remind people how long New York landowners have been denied their Constitutional property rights to allow drilling on their land in the People’s Republic of New York. Here’s how it looked this morning:
Hydraulic Fracturing | Industrywide Issues | New York | Regulation | Statewide NY

NY Gov Cuomo Omits Money for Drilling Inspectors in 2013 Budget
January 23, 2013January 23, 2013

We believe we’ve seen this movie before… NY Gov. Andrew Cuomo released his proposed 2013 budget yesterday. Not included in the budget was money to hire new inspectors for the Dept. of Environmental Conservation (DEC) to inspect oil and gas drilling—inspectors that will be needed if shale drilling finally begins in the state this year.

Is the omission of money for new inspectors important, and does it indicate which way the governor is leaning with his career make-or-break decision? According to the governor himself, don’t read too much into it…

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Hydraulic Fracturing | Industrywide Issues | Maryland | Regulation | Statewide MD

MD Marcellus Drillers Withdraw Applications, No Drilling for Now
January 23, 2013January 23, 2013

Will there be Marcellus Shale drilling any time soon in the two western Maryland counties that have Marcellus Shale? The short answer: no. You need to have drillers who want to drill, and as of now, applications to drill in the Marcellus from the four drillers who filed them with the state Department of the Environment have all been withdrawn.

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Industrywide Issues | Pennsylvania | Pipelines | Regulation | Research | Statewide PA

PA NatGas Pipelines: Coming to a Roadway Near You?
January 22, 2013January 22, 2013

An excellent report on natural gas pipelines in Pennsylvania issued in December has just come to our attention. The report (full copy embedded below) was created by PA Gov. Tom Corbett’s Energy Executive, Patrick Henderson, as a requirement under the state’s new Act 13 drilling law. The report provides a brief history of natural gas pipelines in the state with an excellent overview of how pipelines are regulated and who regulates them, followed by 16 recommendations for lawmakers to consider in crafting new policies.

Among the recommendations: Run new pipelines along existing local and state road right-of-ways; make it easier to share pipeline capacity without forcing a pipeline into becoming a public utility (with the associated nightmare of heavy regulation); and the state’s Public Utility Commission should create and maintain a comprehensive map displaying the routes for all shale gas pipelines.

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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Ohio | Portage County | Regulation

Anti-Drilling Fervor Heats Up in Kent, OH
January 22, 2013January 22, 2013

Anti-drillers in and around Kent, Ohio have some helpful suggestions for elected officials in Kent: ban fracking. And if you can’t ban it, make zoning so onerous that the practical effect would be to ban it. And if you can’t do that, be sure to pass a law that blocks access to all water supplies around Kent so drillers have no way of fracking. And if you can’t do that… See a theme developing here?

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Anti-Drilling/Fossil Fuel | Hydraulic Fracturing | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

PA Auditor General Targets State’s Marcellus Drilling Industry
January 21, 2013January 21, 2013

Pennsylvania Dept. of Environmental Protection (DEP): Prepare for a painful anal exam, coming courtesy the newly elected PA Auditor General Eugene DePasquale. That was the gist of a letter sent by DePasquale to Michael Krancer, Secretary of the DEP, on DePasquale’s first day on the job (a copy of the full letter is embedded below).

The DEP’s response to DePasquale? Bring it on…

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