Pennsylvania

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    Fake Study Recommends Quarter-Mile Setbacks for PA Shale Drilling

    More fake “research” on drilling, courtesy the anti-drilling Southwest Pennsylvania Environmental Health Project (EHP). This is the same group of antis who brought us the so-called list of the harmed (in 2013) and last year launched a faux health registry that attempts to link everything from the sniffles to “performance issues” to nearby fracking (see Fake Science: SWPA Enviro Health Registry for Those Near Fracking). Here’s the latest laughable “research” published (yes published) in a pay-for-play journal: Setback distances for unconventional oil and gas development: Delphi study results. The so-called researchers from EHP asked 18 of their anti-drilling friends, who are supposedly experts, for an opinion on how far away a building should be located from a shale well. The current standard in PA is 500 feet. That is, a well being drilled must be at least 500 feet away from an “occupied building.” EHP’s anti-drilling friends (16 of the 18) said that number should be 1,320 feet–a quarter mile. EHP wrote it all up, presenting it as fact, and got it published in the very low-standard PLOS One journal–a journal where you pay them and they’ll publish anything. Totally made-up research. PLOS One is “peer reviewed” so voila, there’s now a “peer reviewed study” that says setbacks in PA should be at least a quarter of a mile away when it comes to shale drilling. Which would eliminate about 90% of all shale drilling in the state (which is the purpose of this “study”). We really don’t know how those from EHP can show their faces in public, pedaling this kind of junk science. More to the point, how can any honest, self-respecting organization spend good money to fund EHP?…
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    FERC Finally Approves 2 Key Rover Pipeline Laterals, Sept 1 Start

    The Federal Energy Regulatory Commission (FERC) game of hardball with Energy Transfer over the Rover Pipeline has finally paid off. For months FERC has refused to allow four Rover laterals–feeder pipelines to shuttle gas from where it’s produced into the main Rover pipeline–to start up (see FERC Plays Hardball with Rover – Refuses to Certify 4 Laterals). The reason? ET has not, according to FERC, lived up to its word on restoration work. Things like smoothing over the dirt and replanting grass and other vegetation over top of the buried pipeline. Earlier this month ET assured FERC it would have the majority of restoration work done on two key laterals–the Burgettstown Lateral in southwestern PA, and the Majorsville Lateral in the northern panhandle of WV–by the end of this month (see FERC Continues to Block Rover Laterals Until Restoration Work Done). With recent evidence that ET is indeed living up to its word, last Thursday FERC gave ET permission to start up both the Burgettstown and Majorsville Laterals on Sept. 1. The majority of the restoration work will be done by this Friday, Aug. 31. However, there will still be some odds and ends after that (addressing “ground movement areas) that will go on through December. That leaves two final laterals–the CGT (Columbia Gas Transmission) and Sherwood Laterals, still not online. This is a prime example of FERC playing hardball, contrary to the “rubber stamp” antis claim FERC is for pipeline companies…
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    Partial Victory for PA Drillers re DEP Chapter 78a Drilling Regs

    The Pennsylvania Commonwealth Court has handed PA drillers a partial victory in their quest to block onerous new drilling regulations, part of something called Chapter 78a. In October 2016, after five years in the making, PA adopted new shale drilling regulations (see PA’s New Chapter 78a Drilling Regs Go into Effect Oct 8). Although the regs were ready at the end of the Gov. Tom Corbett Administration, Corbett fumbled the ball and the regs didn’t get adopted, which left them vulnerable to the incoming left-leaning Tom Wolf Administration. Wolf’s people mangled the regulations under the Dept. of Environmental Protection (DEP) Dictator/Secretary John Quigley, who got fired over unethical collusion with Big Green groups. Some of the good stuff remained, but onerous new elements were introduced. The Marcellus Shale Coalition (MSC), which represents PA’s biggest shale drillers, filed an appeal in Commonwealth Court to block the most onerous aspects of the new regulations (see Marc. Shale Coalition Files Lawsuit to Block PA Chapter 78a Regs). In December 2016, the DEP escalated the case by asking the PA Supreme Court to undo the block on those regulations imposed by the lower Commonwealth Court. Last October the Supremes heard oral arguments in the case, and in June of this year the Supremes ruled to not undo the block on DEP’s onerous regs–but instead bumped the case back down to Commonwealth Court to let the matter play out there (see PA Supreme Court Upholds Block on DEP Chapter 78a Drilling Regs). Last week Commonwealth Court struck down provisions in Chapter 78a (f) and (g) defining “common areas of a school’s property and playgrounds,” and “species of special concern” as public resources under Act 13. While we didn’t get 100% of what we wanted, we got maybe 95%–at least for the two provisions in sections (f) and (g). Other parts of the lawsuit are still under consideration by Commonwealth Court. Here’s the deets on this important victory for Marcellus drillers…
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    EQT Searches for Indians Before Building Freshwater Pond in SWPA

    EQT signed a lease with a landowner in Washington County, PA back in 2007 that allows the company to drill and/or develop surface property–building things like a freshwater (NOT wastewater) pond that can be used for nearby drilling. The landowner’s daughter, who either doesn’t understand drilling (or more likely does understand but doesn’t like it) claims there is an unmarked, single grave somewhere on the property (presumed to be an Indian), using that claim to stop EQT’s work on building the water pond. EQT is patiently playing along, waiting for–even paying for and assisting with–an archaeological dig to see if the grave and other Indian remains can be located. So far, nothing has been unearthed–except for a lot of hot air…
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    PA Cracker Plant Stirs Up More Barging Business Along Ohio River

    It’s fun to see all of the many, varied businesses impacted by the shale industry and by “downstream” projects like the mighty $6 billion Shell ethane cracker, currently being constructed in Monaca (Beaver County), PA. One of the reasons for selecting the Monaca site for a cracker is it’s location along the Ohio River, with access to barges. A majority of the components and materials being used to build the cracker are being shipped in by barge. That single project (the Shell cracker) has had and is having a huge economic impact throughout Beaver County and the entire region–especially on the barge industry. After the cracker is complete, output from the plant (plastic pellets) will likely not be shipped by barge, but by rail and truck. However, the cracker will attract a number of new manufacturing facilities to the region, locating there to use the plastic pellets coming from the cracker. Those plants manufacture a variety of products–and many of those products will be shipped by barge. The Pittsburgh region is experiencing a barge shipping renaissance, thanks to the Marcellus/Utica and thanks to the Shell cracker…
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    PA DEP Gives ME2 Pipe OK to Restart Construction Near Philly

    Work on the Mariner East 2 and 2x pipelines in West Whiteland Township, Chester County (near Philadelphia) stopped in May following a Public Utility Commission (PUC) administrative law judge’s highly questionable ruling (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). The PUC overruled the judge in early August, allowing most work to restart in West Whiteland–in all but four locations (see PA PUC Allows ME2 Pipeline Work to Restart Near Philly). The remaining four locations involve underground horizontal directional drilling (HDD) work that has led to sinkholes. Yesterday the PA Dept. of Environmental Protection announced they have reviewed two of the four remaining locations and say revised plans submitted by Sunoco Logistics Partners (the builder) look good to them. That is, Sunoco can restart construction in those two locations as soon as the PUC gives them the go-ahead. The DEP is now reviewing the final two locations. Seems as if we’re fighting for every single inch to finish this project…
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    PA Senate Bill Encourages Use of Conventional Brine on Roadways

    A bill under active consideration in the Pennsylvania Senate would remove the PA Dept. of Environmental Protection’s (DEP) prohibition against using brine from conventional oil and gas wells on PA’s roadways (see DEP Continues to Block Use of Brine on PA Dirt Roads). This past spring the DEP notified townships they could no longer use brine, a cheap source of “road salt” for deicing roads and (in liquid form) for spreading on dirt roads to keep the dust down. Brine from shale wells has never been allowed on PA’s roads–so this only concerns conventional drillers/wells. The move by DEP to block brine use, among other DEP actions, angered the industry and led to bills being introduced by both the House and Senate that “roll back” (more like “lock in”) regulations that govern conventional PA drilling to the Oil and Gas Act of 1984 (see 2 PA Bills Would Roll Back Conventional Drilling Regs to 1984). The House already passed their version of the bill back in June (see PA House Passes Bill Exempting Conventional Drillers from Shale Regs). The corresponding Senate bill is now being discussed. Part of the bill, if passed, tells the DEP it must “encourage” (not ban) the use of conventional brine…
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    Cabot, Seneca, Chief Ramp Up Production for Atlantic Sunrise

    According to a report from BTU Analytics, the top three shippers who will soon flow natural gas along Williams’ Atlantic Sunrise Pipeline (ASP)–Cabot Oil & Gas, Seneca Resources and Chief Oil & Gas–have “nearly doubled” their rig counts over the past few months leading up to the imminent startup of ASP. The pipeline is due to go online any day now–by the end of August (see Genscape Confirms Atlantic Sunrise Pipe Ready to Flow in August). Cabot has reserved 1 billion cubic feet per day (Bcf/d) of the 1.7 Bcf/d capacity of the new ASP. One third of Cabot’s 1 Bcf/d (350 million cubic feet per day, MMcf/d) will flow to Dominion’s Cove Point LNG export plant in Maryland–heading for Japan. Another 500 MMcf/d of Cabot’s gas will go to Washington Gas via ASP–meaning northeast PA Marcellus molecules will help heat, cool and power D.C. swamp dwellers. Joy. Here’s the great news that a single pipeline is stirring up a lot more drilling in northeastern PA…
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    MSC Calls PA 250% Hike in Shale Permit Fees “Excessive”

    Industry trade associations are not impressed with a proposed 250% hike in shale permit fees in Pennsylvania and they’re saying so. PA Gov. Tom Wolf’s Dept. of Environmental Protection (DEP), the agency charged with overseeing oil and gas drilling in the state, blindsided the shale industry in February with a proposal to hike the fee required when submitting an application to drill a new shale well (see PA DEP Plans to Raise Marcellus Well Permit Fee by 250%). The current fee is $5,000. The proposed new fee is $12,500–or 2.5 times (250%) higher. Yes, the DEP has fewer people working there than it once did, and needs to hire more help. However, the DEP wants to slap this insanely high fee on shale drillers to (in part) cover the expenses associated with non-shale activities! The shale permit fees will, “fund the broad scope of the [DEP] office’s operations, including its oversight of traditional [i.e. conventional] oil and gas wells, gas storage wells, abandoned wells and earthmoving activities.” How is it, in any sense, fair to hike the fees of shale drillers so DEP agents can better keep an eye on non-shale wells? The DEP is trying to steamroller the increase through. DEP’s own Environmental Quality Board has already approved the increase and published an official notice in the Pennsylvania Bulletin (see PA Seeks Comments on Boosting Shale Permit Fees 250%). Publication in the Bulletin triggered a 30-day public comment period which just ended. Among those commenting on the plan were the Marcellus Shale Coalition (MSC) and the Pennsylvania Independent Oil & Gas Association (PIOGA). Neither had good things to say about the dramatic increase. MSC’s David Spigelmyer called it “excessive and not proportional to the costs incurred by the oil and gas program to oversee the unconventional natural gas industry.” Making the same point we’ve made: It’s not fair for shale drillers to fund the whole darned program that includes conventional and other aspects of the oil and gas program not related to shale…
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    Shell to Remediate PA Swamp in Return for Falcon Pipe Permit

    Shell is proposing to remediate a swamp in Mercer County as a way to “offset” the “impacts” of building an ethane pipeline to feed it’s mighty cracker plant under construction in Beaver County. Oops. Sorry. Instead of calling it a swamp, the PC term is “wetland.” Shell will make a swampy portion of Neshannock Creek in Mercer County swampier, in return for permission to build the Falcon ethane pipeline elsewhere. Apparently it’s not the first time Shell has proposed such a swap. Shell is in the middle of remediating a swamp in Washington County in return for “local impacts” (i.e. “damage” to the environment) they’re causing by building the cracker plant itself. This is not an uncommon practice–across the country. We happen to think it’s silly. Either a project is worthwhile–worth “damaging” some of our precious environment, because of the greater good it will bring–or not. Playing this game of “I’ll spoil this area here, so I’ll un-spoil that area over there” is senseless, in our humble opinion. But hey, if that’s the game we must play to get it built…
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    FERC Rejects PennEast Pipe Rehearing Request – Antis Sue

    Elvis – song & dance

    Last Friday the Federal Energy Regulatory Commission (FERC) denied a rehearing request by radical enviro groups with respect to the PennEast Pipeline project. That is, FERC said “we’re sticking with our original decision to approve the project.” In January, FERC voted 4-1 to approve the $1 billion, 120-mile natgas pipeline that will stretch from northeast PA to the Trenton area of New Jersey (see FERC Grants Final Approval for PennEast Pipe – Real Battle Begins). FERC Commissioner Richard “Dick” Glick voted against the project claiming it will lead to more man-made global warming. But the other Dem FERC Commissioner, Cheyl LaFleur, voted to approve it–at least in January. In Friday’s “order on rehearing” LaFleur flipped and said she’s had second thoughts about the project. She voted “in part” to rehear the original decision. Glick voted to rehear. Bottom line: both LaFleur and Glick want to kill the PennEast project. That’s the upshot of Friday’s FERC communication. Unfortunately FERC Commissioner Rob Powelson has abandoned us and we will now face a 2-2 deadlock on key decisions like this one for the foreseeable future–because Senate Democrats will block a vote on a new, third, Republican member of the Commission until after the November election. Thanks Rob. The radical anti groups that filed the rehearing request–THE Delaware Riverkeeper (aka Maya van Rossum) and the NJ Sierra Club (aka Jeff Tittel)–immediately filed lawsuits with the Washington, D.C. Circuit Court of Appeals. The antis could only take their case to court once FERC had denied a rehearing request. That’s the song and dance routine we must go through on the way to fighting to build every square inch of any new pipeline project in the northeast. Pipeline company files application, FERC approves, radical groups request a rehearing, rehearing denied, lawsuit filed. That’s the formula that plays out over and over again. Below is a copy of FERC’s approval along with details about antis filing their lawsuits…
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    100+ PA Landowners Sue EQT re Gas Storage Field Payments

    According to Washington County, PA landowner Joe Raposky, EQT has been storing natural gas under his property in Finleyville without permission and without compensation since at least 2007. Last year Raposky asked EQT to compensate him and they refused. So Mr. Raposky has organized over 100 of his neighbors along with landowners who sit over top of other similar underground storage fields in the region, and on July 30 they filed a lawsuit against EQT. PA has some 60 gas storage fields spread across 26 counties in the state. The fields are used to temporarily store and then retrieve natural gas. Storage, which is not something we write about very much, is in fact a big deal when it comes to the natural gas market. Not all gas is used as soon as its extracted and sold along a pipeline. There are two main “seasons” in the natural gas industry–injection season, from April 1 through October 31, when a surplus is stored underground, and withdrawal season, from November 1 through March 31, when more gas is used than is produced. Storage fields like the one in Finleyville are an important part of the natgas puzzle. In some cases, landowners are only now becoming aware of the existing fields under their feet and they (rightly) want to be compensated for the use of their property. Is storage the next big bone of contention between landowners and drillers?…
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    PA PUC Wants to Expand 811 to Include Stripper Wells

    In just about every state in the country, before you start digging a hole in the ground for some reason (water well, septic system, laying an underground electric line, etc.)–the first thing you do is call 811 or some similar phone number. The “one call” or “first call” reaches a state-authorized (not necessarily state-run) office where they have, on file, maps detailing any kind of underground cables, pipelines and other infrastructure. If such underground structures exist, a representative of the owner for the underground line will, if necessary, stop by and mark the areas so when you do begin digging, you don’t hit it. Makes sense. A bill introduced in 2016 in the Pennsylvania legislature “enhances” the existing 811 law in PA. One of the “enhancements” is that it removes an exclusion for low-pressure natural gas gathering pipelines from being required to be part of the 811 system, mainly lines run to conventional gas wells. The bill was opposed by the Pennsylvania Independent Oil & Gas Association (see PIOGA Opposes Bill to Regulate Unregulated PA Gathering Pipelines). The bill was reintroduced in March 2017 (see PA State Senator Introduces Bill to Regulate Gathering Pipelines). Once again PIOGA pushed back. In June 2017, a compromise was reached to exclude pipelines running to “stripper wells”–i.e. low-producing conventional wells. With that compromise in place, both the PA Senate and House voted to adopt the plan and it was signed into law (see Shale + Large Conventional Gathering Pipes Added to PA One Call). The PA Public Utility Commission (PUC) is the state agency charged with oversight of the enhanced 811 system. They have been staffing up and rolling out the changes. We spotted a story that talks about the PUC’s efforts. It mentions (bemoans) the fact that stripper wells are still exempt, and seeks to apply pressure to the owners of those wells to “voluntarily” join the 811 system. We all know what comes next after “voluntarily” joining any government-run program…
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    Chesapeake Settles NEPA Royalty Lawsuit for Pennies on the Dollar

    Chesapeake Energy has, according to the Pittsburgh Post-Gazette, “reached a $7.75 million settlement agreement with about two-thirds of its Pennsylvania natural gas royalty owners.” At the end of last year Chesapeake Energy offered a $30 million deal to Pennsylvania landowners to settle claims the company had screwed them out of royalty money by artificially inflating post-production costs in an elaborate scheme to pocket more money at landowners’ expense (see Chesapeake Agrees to $30M Royalty Settlement for PA Landowners). Chesapeake’s proposed deal last year would have given the average PA leaseholder (some 14,000 of them) a one-time $2,140 payment–adjusted up or down for the size of their acreage. This new deal, for 10,000 of the same leaseholders, offers $7.75 million–an average of $775 per landowner. Which is piddly. It’s nothing. An insult. Last year Chesapeake’s deal with leaseholders required the state Attorney General’s office, which has an ongoing, separate lawsuit filed against Chesapeake over the same issue, to settle as well. The AG’s office refused (see PA AG Not Backing Down re Chesapeake Energy Royalty Lawsuit). In fact, the AG’s office is still refusing to settle, with this new deal. Yet now Chesapeake is willing to move forward without the AG as part of the settlement. Heck yeah! Convince these desperate folks to take, literally, pennies on the dollar. What company wouldn’t go for that deal? Any way you slice this, northeast PA landowners are getting screwed if they agree to Chesapeake’s deal. They get a maximum of 8% back of the inflated “costs” Chesapeake originally deducted from royalty checks. We suppose some will say 8% now is better than maybe nothing or very little years from now. We don’t see it. We see these good landowners getting shafted in this deal…
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    Other Shoe Drops: PA Methane Emissions Regs for Existing Sources

    Pennsylvania Gov. Tom Wolf’s Administration has been fiddling with proposed regulations to cut down on so-called fugitive methane emissions from drilling and pipelines for years. The regulations are known as General Permit 5 (GP-5) and General Permit 5A (GP-5A). GP-5 applies to pipelines and compressor stations, while GP-5A applies to well pads and drilling. In June, the PA Dept. of Environmental Protection (DEP), author of the revised regs, published its final final final final version of the regs (see PA DEP Releasing Onerous New GP-5 & 5A Methane Regs June 8). The new regs will go into effect this month. But here’s the thing. These onerous regulations apply only to *new* and not *existing* sources of methane emissions. With the revised regs about to go into effect for new sources, right on cue Big Green groups began pressuring Wolf to apply them to existing sources too (see Big Green Pressures Gov. Wolf to Expand Onerous Methane Regs). That was, of course, the intention all along–to hamstring (and shut down) the Marcellus industry by saddling it with insanely high costs to comply with regulations that won’t do a thing to “save the planet” from methane poisoning (a non-existent threat). Unfortunately the Wolf DEP is signaling it will propose insanely onerous new methane emissions regulations for *existing* sources in early 2019. So this is fair warning to the industry to begin a counter-offensive now. It’s also fair warning to conventional drillers–the DEP is going to float new regs for you in 1Q19 as well…
    Read More “Other Shoe Drops: PA Methane Emissions Regs for Existing Sources”

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    Frack Sand Operation in SWPA is Leaking Sand into Nearby Community

    frack sand

    We spotted a story in the Pittsburgh Post-Gazette that concerns us. There is a transloading terminal in Stowe Township (Allegheny County, Pittsburgh area) that handles, among other things, frack sand. The facility has been there since 1969, so the neighbors can’t complain about stuff coming in by barge (or rail) and going back out by never-ending truck trips. You move to that area, you know what you’re getting. However, one thing the neighbors didn’t bargain for is sand–along roads, bridges, even inside on the furniture. Frack sand is super fine–very small–and acts like asbestos when it gets in your lungs. Not a good thing. OSHA has all sorts of rules for how to handle frack sand. And yet the sand in Stowe is leaking out of rail cars and trucks and ending up scattered throughout the nearby community of Stowe and McKees Rocks. The following story is written by Post-Gazette “reporter” Don Hopey–who is an anti-drilling propagandist. He spins whatever minor foible he can find in the shale industry into a major offense, a crime against the environment and humanity. However, in this case, the concerns Hopey writes about are warranted and should be addressed immediately…
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