Tomblin Issues Drilling Order
Wheeling Intelligencer
13 July 2011
By Casey Junkins, Staff Writer
CHARLESTON - Any natural gas company planning to drill within the
boundaries of a West Virginia city must now issue public notice of its
intentions, thanks to acting Gov. Earl Ray Tomblin's Tuesday executive
order.
With Tomblin's direction to state Department of Environmental
Protection Secretary Randy Huffman to implement a series of new
regulations aimed specifically at Marcellus Shale drilling, industry
leaders proclaimed their support for the additional rules.
"You've got to have a regulatory system in place to establish
consistency so that industry knows what to expect," said Corky DeMarco,
executive director of the West Virginia Oil and Natural Gas
Association. "We really applaud the governor's leadership on this issue
because we support additional regulations, as long as they are
reasonable."
Michael McCown, vice president of Gastar Exploration's Northeastern
Division and president of the West Virginia Independent Oil & Gas
Association, said the public notice may help prevent cities from
attempting to ban drilling within their boundaries. He specifically
cited Wellsburg and Morgantown as cities that recently outlawed
drilling inside their borders, noting, "This matter should be left up
to the state."
"We will certainly comply with and support these new regulations,"
McCown added.
Another new regulation requires companies withdrawing more than 210,000
gallons of water in a particular month to file a water management plan
with the DEP and adhere to certain standards.
When using water from a public stream, a gas driller will need to
identify the current and planned uses of that stream.
As some Mountain State drillers are using up to 6 million gallons of
water to frack a well, the water withdrawing requirement could impact
them.
The order, which lasts for 15 months, further requires companies
planning to frack wells to provide lists of chemicals to be used - and
of what chemicals actually were used once the fracking process is
complete.
Also, the use of surface land that will disturb 3 or more acres must be
certified by a registered professional engineer.
The executive order also instructs the DEP to further review the
agency's overall authority over drilling activities related to
horizontal wells.
"The good-paying jobs predicted with this development must include the
protection of our public's health and safety as well as that of our
environment," Tomblin said. "I want to thank our citizens who have
voiced their concerns about Marcellus Shale drilling and want to assure
them that I recognize this emerging segment of the natural gas industry
warrants my immediate attention to ensure responsible development."
State Sen. Orphy Klempa, D-Ohio, is now serving on the Legislature's
Select Committee on Marcellus Shale to study regulations that the
Legislature would be able to enact on a permanent basis, pending
approval by the governor.
"I think this is a great start," Klempa said of the new drilling rules.
"This gives us in the Legislature something to build upon and gives us
some time to make sure we get a good bill that can address all the
issues and have a realistic chance of passing.
"This gives the industry some stability so they can know what to
expect," he added.
Lynn Seay, spokeswoman for Consol Energy and the corporation's CNX Gas
division, said, "Consistent with our core values of safety and
compliance, Consol Energy supports the additional requirements Gov.
Tomblin outlined today. These new regulations are reasonable and will
provide transparency for the public into our and others' natural gas
drilling operations in West Virginia, which Consol believes is critical
to building strong relationships in the communities where we operate."
Officials with Chesapeake Energy, the Northern Panhandle's largest
active driller, directed all questions to DeMarco, who added, "In light
of the far-reaching economic opportunities that development of the
Marcellus Shale will allow, we believe this set of regulations will
give us a roadmap for future investments in unconventional shale play."
House Speaker Rick Thompson, D-Wayne, said legislators will "continue
to move forward in developing some long-term guidelines for the
relationship between oil and gas extractors and the owners of surface
rights and mineral interests that protect the environment and ensure
proper labor practices."
However, Bill Maloney, the Republican nominee for governor who will
face Tomblin in the Oct. 4 election, called Tomblin's regulations "half
measures."
"It is absolutely necessary that the Legislature pass comprehensive
Marcellus Shale regulations, not only to create more private sector
jobs, but also to protect property owners and the environment," Maloney
said.