Regulation

Air Quality | Hydraulic Fracturing | Industrywide Issues | Regulation

OSHA Puts Brakes on New Silica Handling Rules for Fracking
October 24, 2012October 24, 2012

In June 2012, OSHA (Occupational Safety and Health Administration) and NIOSH (National Institute of Occupational Safety and Health) issued a joint hazard alert for workers who use silica (sand) used in fracking (see this MDN story). OSHA has been working for several years on a revision of its silica dust regulations—long before a new report was issued by NIOSH on silica used in fracking. The NIOSH report, released in May 2012, caused OSHA and NIOSH to issue the joint hazard alert in June.

The hazard alert, while using strong language to encourage stricter rules for handling silica, apparently does not carry the full weight of being a regulation—i.e., it’s not enforceable. The enforceable regulation comes from OSHA and release of a revised regulation on silica handling for fracking and other uses is now on pause. How come?

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

More Comments from Martens about NY Fracking Health Review
October 23, 2012October 23, 2012

Here’s a bit more about what New York Dept. of Environmental Conservation (DEC) Commissioner Joe Martens said last Friday about the current health review, some comments he made we did not previously see reported:

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

NY DEC Com. Martens Gives Update on SGEIS Health Review
October 22, 2012October 22, 2012

We now know a bit more about where things stand with the “health review” taking place of New York’s proposed new drilling regulations (called the SGEIS). When Dept. of Environmental Conservation (DEC) Commissioner Joe Martens announced he was asking NYS Health Commissioner Nirav Shah to conduct a review of the SGEIS’ handling of potential health impacts of fracking on residents, he said that Shah would assemble a panel of “outside experts” to advise him.

It appears the outside experts have been identified but haven’t agreed (yet) to the money being offered by the DEC and Health Department to do the work. Meanwhile, the clock is ticking on a Nov. 29 deadline. Martens says it’s still possible to make that deadline. Here’s what he said on Friday to reporters:

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Accidents | Atlas Energy | Energy Companies | Industrywide Issues | Pennsylvania | Regulation | Statewide PA

Atlas Fined Twice for Same Incident – EPA Sticks Nose in PA
October 19, 2012October 19, 2012

The federal Environmental Protection Agency (EPA) continues to interfere in oil and gas drilling—an activity specifically regulated by states and not the federal government. Yesterday the EPA slapped Atlas Resource Partners, L.P. (owned by Atlas Energy, L.P.) with an $84,500 fine over a fire at a Marcellus drilling site in 2010—after the Pennsylvania Dept. of Environmental Protection (DEP) had already investigated and fined Atlas $80,000 for the same incident last year.

This is the first time both a state agency and the EPA have fined a Marcellus driller for the same incident.

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Accidents | Hydraulic Fracturing | Industrywide Issues | Regulation | Research

API Says EPA Botched Pavillion, WY Fracking Tests
October 19, 2012October 19, 2012

The American Petroleum Institute (API) issued a press release yesterday taking the federal Environmental Protection Agency (EPA) to task over their sloppy work in Pavillion, Wyoming.

You may recall the EPA is on a quest to try and prove fracking has contaminated water supplies in the Pavillion area with fracking chemicals. Never mind that the drilling and fracking done in Pavillion is shallow at around 1,200 feet down (not the one mile or more that’s common in shale plays). Never mind that the water table in Pavillion is deep at 800 feet (not the 300 feet as is typical in the northeast). Never mind that drilling and fracking was done in porous sandstone in Pavillion (not tightly-packed shale deposits). And never mind the EPA drilled just two test wells, one of which didn’t produce enough water for a valid sample. (See this MDN story for more background on Pavillion.)

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Allegheny County | Hydraulic Fracturing | Industrywide Issues | Litigation | Pennsylvania | Regulation | Statewide PA

South Fayette, PA Thumbs Nose at PUC over Zoning Review
October 19, 2012October 19, 2012

Although parts of the zoning provisions in Pennsylvania’s new Act 13 Marcellus drilling law have been challenged in court and oral arguments were heard in PA Supreme Court earlier this week, there are other parts of the Act 13 law—zoning parts—that were not overturned and are not up for discussion. According to the PA Public Utility Commission (PUC), the agency charged with interpreting whether or not a town is in violation of those remaining sections, the town of South Fayette in Allegheny County is in violation and unless they revise their zoning laws, they won’t get impact fee revenue this year.

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Anschutz Exploration | Energy Companies | Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Norse Energy | Otsego County | Regulation | Statewide NY | Tompkins County

Important Developments in NY Fracking Ban Court Cases
October 18, 2012October 18, 2012

There’s been an important development in two cases on appeal in New York State courts that challenge municipal bans of fracking. The two cases challenge municipal fracking bans in the Town of Dryden, NY (see this MDN story for background) and the Town of Middlefield, NY (see this MDN story for background).

According to lead attorney Tom West, all the necessary paperwork for both cases has been filed (called “perfecting” the case). West believes both cases will make it onto the Appellate Division of the Supreme Court docket for an early February hearing of oral arguments. The Appellate Division typically issues an opinion 6-8 weeks following oral arguments, so we should have a decision by late spring. In addition and of keen interest, the plaintiff in one of the cases has changed.

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

PA Supreme Court Hears Testimony on Act 13 Zoning
October 18, 2012October 18, 2012

Yesterday MDN told you about what we consider the most important oil and gas drilling case to go before the Pennsylvania Supreme Court in many years (see this MDN story). The PA Supremes heard arguments (yesterday) in what MDN considers the second most important O&G case to be heard in years—whether or not the zoning provisions in the Act 13 law are constitutional. Were there any indications from the questioning which way the judges might rule?

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

Youngstown, OH Votes to Allow Fracking Inside City Limits
October 18, 2012October 18, 2012

Last night Youngstown, OH City Council voted to allow natural gas and oil drilling inside city limits. Here’s how it went down:

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

Youngstown, OH: If You Lease It, Will They Drill?
October 17, 2012October 17, 2012

Our headline is a tongue-in-cheek play on the iconic Field of Dreams statement, “If you build it, they will come.” But this isn’t fiction. It’s a very serious question being asked by residents and political leaders in Youngstown, Ohio: If Youngstown decides to pass an ordinance allowing drilling on and under property within city limits, will any drillers bother to drill there? Answer: No one knows.

Last night Youngstown held a public hearing to allow residents the opportunity to express their support or opposition to a proposed ordinance which may soon be passed to allow leasing and drilling inside the city. Here’s what happened:

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Albany County | Hydraulic Fracturing | Industrywide Issues | New York | Public Opinion | Regulation | Statewide NY

1,000 Pro-Drillers Rally in Albany with a Message of ‘Jobs’
October 16, 2012October 16, 2012

$math challenged$ Are AP reporters math-challenged, or do they intentionally lie about the events they cover? Yesterday a rally was held in Albany, NY to support shale gas drilling in the state. According to a reporter from Middletown who covered the event, there were “about 1,000” people in the crowd. But the AP (and almost all stories found in the media today about the event use the AP’s coverage) said there were “several hundred” in attendance. If you look closely, you’ll see the AP story was posted at 3:02 am yesterday, before the event took place!

Enough of the rant against mainstream media bias which we all know exists. Yesterday a group of 1,000 or more gathered at the Corning Preserve on the Hudson River in Albany for a rally. The group then marched to the Capitol with signs, chanting as they went. Here’s reporting from someone who was actually there:

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

PA DEP Changes Notification Policy on Methane Contamination
October 16, 2012October 16, 2012

The Pennsylvania Dept. of Environmental Protection (DEP) made a policy change in September that’s just now coming to light—and creating a bit of controversy. In the case of suspected methane contamination of water wells near drilling sites, it was standard policy to let the local field office make a determination as to whether or not water test results show possible methane contamination, and whether or not a letter should go out to landowners in the affected area.

The new policy is that someone in Harrisburg at DEP HQ will make the judgment call on sending letters to landowners.

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Hydraulic Fracturing | Industrywide Issues | Lackawanna County | Pennsylvania | Regulation | Statewide PA | Taxation

NE PA Town Welcomes PUC Review of Shale Zoning Ordinances
October 12, 2012October 12, 2012

The Pennsylvania Public Utility Commission (PUC) continues its activity of reviewing local town ordinances for compliance with the new Act 13 Marcellus Shale drilling law. If a town’s ordinances are found to be in violation of the law, they either will have to change their zoning ordinances or risk not receiving their cut of the Marcellus Shale impact fee (i.e. tax) being collected by the state. Checks are due out in December.

Some townships, like South Fayette, are thin-skinned and have a persecution complex over a PUC review (see this MDN story). Other towns, however, take it in stride and when told their laws need fixing, they fix them—like Roaring Brook Township in Lackawanna County, PA.

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Hydraulic Fracturing | Industrywide Issues | Litigation | New York | Regulation | Sullivan County

Town of Highland, NY Gets Sued Over Gas Drilling Ban
October 11, 2012October 11, 2012

MDN is not used to breaking the news, but that’s what we’ll do today. The Town of Highland, located in Sullivan County, NY, is about to be sued by the Highland Field & Stream Club over the town’s vote to ban gas drilling.

MDN received the following email notification from the attorney for the Highland Field & Stream Club:

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Chemung County | Hydraulic Fracturing | Industrywide Issues | New York | Regulation

Horseheads, NY Board in No Hurry to Ban Fracking
October 11, 2012October 11, 2012

Board members for the Town of Horseheads, NY (Chemung County) are in no hurry to pass a fracking ban or moratorium. They’re waiting to see what the town zoning board says after they’ve studied proposed new drilling rules from the state Dept. of Environmental Conservation. The town board is also waiting to see whether or not the DEC even bothers to release new rules to allow fracking. Until then? No hurry, man.

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Hydraulic Fracturing | Industrywide Issues | Regulation | Research

GAO Issues 2 Reports on Fracking, Favors EPA Oversight
October 10, 2012October 10, 2012

Two new reports just released by the Government Accountability Office (GAO) seek to give political cover to the federal Environmental Protection Agency (EPA) to continue it’s expansion of authority over oil and gas drilling in the U.S. (Full copies of both reports are embedded below.)

The two reports say, in essence, that the EPA is having a tough time with inspection and enforcement activities because a) shale gas drilling has expanded so rapidly, and b) states provide information in different forms according to their own schedules. Well duh. The EPA is not charged with regulating oil and gas drilling! Butt out.

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