EPA Expanding CWA (Again), Applies to Shale Drillers re Wastewater
We have mixed emotions about a new rule proposed by the federal Environmental Protection Agency (EPA) that further extends the Clean Water Act behemoth by applying it (yet again) to regulating the oil and gas industry. The new rule, titled “Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category” (document number EPA-HQ-OW-2014-0598, full copy below) would prevent untreated frack wastewater from being treated by municipal sewer and water treatment plants. The entire rule is created because once upon a time this sort of thing did happen in Pennsylvania, before then PA DEP Secretary Michael Krancer put a stop to it in 2012 (see PA DEP, Marcellus Shale Coalition Admit Drilling Wastewater Likely Contaminating Drinking Water). The EPA thinks because PA used to do it, there’s nothing to say they might not fall into their old, bad habits and do it again “someday,” so the EPA wants to put a new unvoted-on law in place to prevent it…
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Three weeks ago anti-drillers in the Cleveland suburb of Broadview Heights were handed a crushing defeat in which a County Common Pleas Court judge struck down a so-called community “bill of rights”–the only “right” of which was to deny legitimate oil and gas drillers the ability to conduct business. We pointed out what sore losers anti-drillers are (see
Belmont County landowner Curtis Wallner doesn’t know what the term “nuisance oil” means in the contract XTO Energy is offering him to lease his 26 acres. The contract says Wallner will receive an eye-popping $8,000 per acre in signing bonus money, plus 20% royalties, MINUS revenue for “non-commercial nuisance oil.” Because XTO can’t or won’t explain it or remove it from the contract, Wallner won’t sign (can’t say that we blame him). So XTO is threatening him that they’ll take his gas anyway via forced pooling…
Every now and again we revisit the manhunt for that vile villain and fugitive from justice–Fugitive Methane (FM for short). FM loves to escape into the atmosphere where, according to the Environmental Defense Fund, it is “a particularly powerful climate warmer – 84 times more potent than carbon dioxide over a 20-year timeframe.” Never mind that the biggest source of FM in the U.S. is cows burping (see