PA DEP Hunger Games Competition to Distribute $12.6M in ME2 Money
In February Sunoco Logistics Partners agreed to pay a massive (historically high) $12.6 million fine to the PA Dept. of Environmental Protection (DEP) for “permit violations related to the construction of the Mariner East 2 pipeline project” (see Sunoco LP Pays PA DEP $12.6M to Resume ME2 Pipeline Construction). Sunoco’s ME2 construction activities caused a few erosion issues here and some drilling mud leaks there–so-called “harms” to the environment. Surely some of the massive, historically high $12.6 million fine Sunoco is paying will be used to “fix” those problems, right? Wrong. Sunoco has to pay twice–pay to clean up the problems AND pay the fine. The fine was essentially a shakedown–Sunoco had to pay it or they would not be allowed to resume construction work on ME2. Yesterday the DEP announced a new program to distribute the $12.6 million of fine money. In Hunger Games tradition, the DEP is launching a lottery for the 85 municipalities along ME2’s path, allowing those “districts” to submit begging proposals to request some of the money for programs in their district. What kind of programs? “[P]rojects that reduce or minimize pollution and protect clean water.” In other words, just about anything contestants can dream up. They have 45 days, from May 7 to June 21, to make a grab for the cash (i.e. submit a grant application)…
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Southwestern Energy has just taken the next very important step in a process that frankly has us holding our breath. Two weeks ago MDN brought you the news that the Pennsylvania Superior Court handed down a decision that has the power to greatly restrict, perhaps even stop, Marcellus drilling in PA (see 
Perhaps our headline for this article is a tad misleading. Maybe the better question is, Was a meeting held yesterday in Towanda, PA on the topic of gas royalties *meant* to resolve anything? The answer of which is, “Probably not.” PBS StateImpact Pennsylvania organized and hosted a forum yesterday on the topic of PA landowners getting screwed over by energy companies with respect to royalty payments. Both sides were well represented at the forum. We think it’s a cool concept, to get both sides talking about a very important issue. However, StateImpact, funded and controlled by Big Green backers including the William Penn Foundation and Heinz Endowments, is not an impartial, unbiased news organization that wants to honestly explore this important issue. StateImpact is NOT an impartial broker. Their purpose is to play both sides against each other and enjoy the chaos that ensues. Whip up more animosity between both sides. Make no mistake: StateImpact abhors shale drilling and prefers it not happen at all in PA. With that as the proper context to understand the event, some good points did emerge from the discussion, despite StateImpact’s bad intentions…
Underground horizontal directional drilling (HDD) work done by Sunoco Logisitics Partners in Chester County to install the twin Mariner East 2 (ME2) pipelines has led to the development of three large sinkholes (see 
Bet you didn’t know that if a pipeline company waits until antis leave the treetops where they’ve been perched because of concerns about high winds, and then the pipeline company nips in early in the morning and cuts down those vacated trees (legally), it’s considered a “predawn timbering raid.” That’s the hilarious headline given to yet another anti-pipeline, anti-drilling article in the Pittsburgh Post-Gazette, covering news about cutting down three trees on a property in Huntingdon County, PA. For the past two years the Gerharts have used illegal protest tactics to stall tree cutting on their property. Out-of-state Big Green radicals, along with the Gearharts’ own daughter, have lived on-and-off in the tops of three white pine trees, building magic tree houses so they can lay around and do whatever. The tree occupation has prevented Sunoco Logistics Partners from cutting the trees, which are in the path of the Mariner East 2 pipeline project. At daybreak on Sunday, April 8th, after observing the greenie weenies had left the night before scared of impending high winds, Sunoco snuck in and cut down the trees, much to the consternation of the Gerharts who called it a “underhanded and cowardly attack.” We call it funny! And smart. So much for the dedication of antis. They scamper down trees when it gets a tad windy up there–something to keep in mind…
The Pennsylvania Dept. of Environmental Protection (DEP) released the results of it’s industry-leading program to monitor oil and gas wells for methane (and oil and brine) migration–that is, for anything would impact groundwater. The Mechanical Integrity Assessment Program, as it’s called, is “the most rigorous routine well integrity assessment program to protect groundwater in the United States,” requiring quarterly inspections by operators of their wells. The DEP is in the process of releasing the results of those reports for the past four years–from 2014-2017. They’ve just released results for 2014 (full copy below). What did the DEP find? “[L]ess than 1 percent of operator observations indicated the types of integrity problems, such as gas outside surface casing, that could allow gas to move beyond the well footprint.” In other words, there is virtually no methane migration happening from shale (and conventional) natural gas wells because of good well casings and regular checks. It is hard to overstate how important these findings are. The DEP’s own evidence disproves wild claims that methane is migrating from shale wells everywhere, claims made by anti-fossil fuel radicals and a colluding media (
It’s always fun to talk about strippers here on MDN. Uh, stripper wells that is. Background: In 2012 Pennsylvania passed the Act 13 drilling law that includes an impact fee on wells targeting shale layers, including the Marcellus. Snyder Brothers, headquartered in PA, drills mostly conventional (vertical only) wells in southwestern PA. In 2011-2012 they drilled 45 vertical-only wells targeting the Marcellus. All 45 of the vertical-only wells were fracked. Initially those wells produced more than 90 thousand cubic feet per day (Mcf/day), but by December of the year in which they were drilled, the wells produced less than 90 Mcf/day. The way the 2012 Act 13 law is written, if a well produces less than 90 Mcf/day during “any” month it is considered a stripper well and exempt from paying the impact fee. The state’s Public Utility Commission (PUC) assessed the fee anyway because for 11 months the wells produced more than 90 Mcf/day, arguing the word “any” is not a get-out-tax-jail-free card. Snyder Bros. sued and after an appeal of the case, Snyder Bros. won the case in March 2017, exempting those wells from paying impact fees (see 
Big Green groups are objecting to a plan to exempt Pennsylvania’s mom and pop conventional oil and gas drillers from regulations meant to apply to unconventional (shale) oil and gas drillers. The anti-drilling Environmental Defense Fund (EDF) along with the anti-drilling Pennsylvania Environmental Council (PEC) co-authored a letter to PA Senators encouraging them to vote against a bill now working its way through the Senate (and House). In March, two identical bills were introduced, one in the Senate, the other in the House, that would “roll back” (more like “lock in”) regulations that govern conventional PA drilling to the Oil and Gas Act of 1984 (see 
In March the Pennsylvania House State Government Committee debated and voted to approve a slate of five bills aimed at fixing not only the slowmo way the state Dept. of Environmental Protection (DEP) approves shale permits, but also roll back some of the egregious regulatory overreach that exists in PA (see 
Those who once supported a cutting-edge technology wastewater treatment plant, proposed by Epiphany Water Solutions for Coudersport, PA, are now running away from the project as fast as they can. First was JKLM, the primary (only) customer for the project–the main reason for the project. As we told you on Monday, JKLM, which was rumored to also be the main financial backer, said they are no longer interested (see 
We suppose it was bound to happen. Several weeks ago MDN told you that the Pennsylvania Dept. of Environmental Protection (DEP) had given final approval to Windfall Oil and Gas to drill a wastewater injection well near Dubois, in Brady Township (Clearfield County), PA (see 
Last week MDN reported that two pieces of heavy equipment being used by Sunoco Logistics Partners to build the Mariner East 2 pipeline in Chester County, PA had been severely, intentionally damaged (see