Tough New Air Standards for PA Marcellus Drillers Start Next Week
Starting next week, Marcellus Shale drillers in PA will face strict new rules on air emissions at drill sites. The new rules (i.e. “technical guidance”) won’t officially be released until Saturday, August 10 when published in the Pennsylvania Bulletin. The rules will limit noxious emissions, including nitrogen oxides, volatile organic compounds and hazardous air pollutants. The rules also include an almost-total ban on flaring of wells–only short-term or emergency flaring allowed.
Drillers will be given one of two choices for compliance under the new rules: either get an air quality plan pre-approved by the PA Dept. of Environmental Protection (DEP) for each well drilled–adding a lot of time to the drilling process, or comply with new DEP standards that are even more strict than federal standards issued in April 2012–in essence have your drilling operation certified as complying with super-strict DEP standards. Which option will drillers chose? The Marcellus Shale Coalition says drillers are mulling it over now…
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A new twist in the ongoing court battle over Pennsylvania’s still relatively new Act 13 Marcellus Shale drilling law. A court case has been before the PA Supreme Court since last year challenging provisions in the new law to replace local zoning of oil and gas drilling with a uniform, statewide standard. As MDN told you a few weeks ago, it appears the newly sworn-in seventh justice on the PA Supreme Court will not participate in the decision, leaving a split 3-3 decision a likely outcome (see
A good news/bad news story. The good news is that Chesapeake Energy is giving up the legal fight with landowners in New York to extend their leases beyond the original lease term. MDN has long chronicled the fight on the part of landowners to stop Chesapeake from claiming force majeure to extend leases signed for (in some cases) just a few dollars per acre–leases signed long before horizontal drilling and fracking were contemplated (see