Proposed New O&G Emissions Regs Will Disadvantage PA Drillers
The liberal PA Gov. Tom Wolf administration continues to tinker with (i.e. destroy) the Marcellus miracle in the Keystone State. In August the Wolf Dept. of Environmental Protection (DEP) finally, after years of work, implemented onerous new regulations to cut down on so-called fugitive methane emissions from new drilling and pipelines (see PA Harms Drillers, Pipelines with Over-Strict Methane Rules). Existing well pads and pipelines are now in Wolf’s crosshairs. The DEP has, for some time, considered requiring new regulations to further reduce volatile organic compound (VOC) emissions at existing oil and gas sites. The DEP recently released a draft of those regs, and is meeting TODAY to discuss the new proposed regulations (see PA DEP Releasing Expensive New O&G Emissions Reg). The question is, since the federal EPA is “relaxing” the standards on which these onerous new PA standards are based, will PA, by adopting these new standards, make itself uncompetitive against other shale drilling states? PA DEP Sec. Pat McDonnell seems to think so.
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Big Green forces who pinned their hopes of stopping the Mariner East 1 and 2 pipelines on a rogue PA Public Utility Commission (PUC) administrative law judge had those hopes dashed yesterday. In May of this year, Elizabeth Barnes, PUC administration law judge, unilaterally ordered Sunoco Logistics Partners to “cease and desist all current operation, construction, including drilling activities on the Mariner East 1, 2 and Mariner East 2X pipeline” in West Whiteland Township in Chester County, PA (see
On November 27, a variety of Big Green groups including the Clean Air Council, Widener University Environmental Law and Sustainability Center, eco(n)law LLC and 61 others submitted a “rulemaking petition” (407-page plan) to the Pennsylvania Environment Quality Board requesting the Board and PA Gov. Tom Wolf establish a cap-and-trade greenhouse gas emission reduction program to eliminate carbon emissions from major sources by 2052. It’s a bizarre plan, meant to eliminate fossil fuel production and use, including Marcellus Shale production. The kicker is that Wolf is actually thinking about doing it. Hey PA residents–still glad you reelected Wolf?

It certainly seems as if the deck has been stacked against the PennEast Pipeline project, a $1 billion, 120-mile natgas pipeline that will stretch from northeast PA to the Trenton area of New Jersey. As we pointed out in November, DTE Energy’s NEXUS Pipeline, a 255-mile pipeline from Columbia County in Ohio to Southern Michigan, received its Federal Energy Regulatory Commission (FERC) approval around the same time PennEast did, about a year ago. NEXUS is already built and flowing, PennEast hasn’t turned the first shovelful of dirt yet. It’s been a real battle for PennEast (see 



Ambulance-chasing lawyers for a Minnesota-based subcontractor (United Piping Inc.) have filed a lien against some of the landowners where Mariner East 2 (ME2) crosses, claiming the landowners may have to pay them because the contractor, Welded Construction, can’t. The lawyers are using a little-known law in Pennsylvania that dates to 1901 to make their claim. This is seriously screwed up. You may recall we previously told you that Williams, disputing work Welded Construction had done for them in building the Atlantic Sunrise Pipeline, refused to pay $23.5 million, causing Welded to declare bankruptcy (see
Yesterday MDN editor Jim Willis attended the 12th Annual Platts Global Energy Outlook Forum in New York City. Christmastime is a great time to visit NYC. The conference opened with a talk given by Paul Ferneyhough, Repsol’s executive director for North America. The big news from Ferneyhough’s talk and subsequent remarks later in the day is that Repsol plans to ramp up production on their Marcellus acreage located in northeastern Pennsylvania by another 50% by 2020. Ferneyhough said the company, just last week, added a second drilling rig in the Marcellus. That one extra rig will allow them to quickly ramp up production. Several other news outlets, including Reuters, published news of the 50% increase. What they don’t tell you is how Repsol will manage to get that increased production to market, and what they can’t tell you is the added information Ferneyhough told Jim in a private conversation following his presentation.
New York State is the biggest loser. In every sense. NG Advantage, which once tried to set up a virtual pipeline operation in the Town of Fenton (suburb of Binghamton, NY), has shaken the dust of New York off its shoes and has, instead, decided to build the facility (with millions in tax revenues and over 100 jobs) 25 miles across the border in Springville Township, Susquehanna County, PA–in the heart of Marcellus country. Good for NG! Nice people, and they deserved much better treatment than they got here in NY. We personally hoped and lobbied for NG to locate in the Town of Windsor, NY, where MDN is located. But alas, the experience they had with the Town of Fenton was so nasty, they decided to abandon any plans of locating a business in NY. Can’t say that we blame them. NY is about the most business unfriendly state in the Union.
One of the ways anti-fossil fuel groups have tried to stop the Mariner East 2 Pipeline project is by tying it up in court. Various lawsuits have been filed going back years. One litigant, a Big Green group headquartered in Philadelphia, the so-called Clean Air Council, has tried repeatedly to get the courts to deny ME2 the right to use eminent domain in cases where landowners refuse to cooperate (see