Wetzel Ruling Goes To Appeal
Landowners want halt to operation of natural gas compressors
Wheeling Intelligencer
18 October 2010
By Casey Junkins
NEW MARTINSVILLE - Concerned about air pollution from natural gas
drilling activity, Wetzel County landowners are appealing a decision to
allow Chesapeake Energy to operate 18 large compressors within a 3-mile
area.
The appeal asks the West Virginia Air Quality Board to determine if the
state Department of Environmental Protection's Division of Air Quality
has the authority to regulate air emissions from natural gas drilling.
The appeal stems from the air quality division's recent decision to
permit the Chesapeake compressors. The division allowed these
compressors despite Wetzel County Action Group member Bill Hughes'
claim that the local air is already so bad at certain times that it
causes some residents to "fear for their lives."
"When you add it all up, it's hundreds of tons of pollution," Hughes
said via press release.
Group member Ed Wade Jr. added, "There have been many complaints about
noxious gas releases over the past few years by residents who have
wells on all sides of their homes."
With reports of potential water contamination, as well as some recent
gas well fires in Marshall County, the environmental concerns
surrounding Marcellus Shale drilling seem to be growing, as evidenced
by this appeal.
Therefore, when Hughes and other property owners appear before the West
Virginia Air Quality Board, they will have members of the
Pittsburgh-based Group Against Smog and Pollution at their side. The
hearing is tentatively set for 9 a.m. Jan. 5 at the West Virginia
Department of Environmental Protection, Hearing Room 1041, 601 57th
Street, S.E., Charleston.
Joe Osborne, legal director of the anti-pollution group, is filing the
appeal on behalf of Hughes. Osborne believes the most significant air
pollutants involved with Marcellus drilling are nitrogen oxide, carbon
monoxide, benzene, toulene and hydrogen sulfide.
"Rather than considering total air pollution from the Chesapeake
project, the West Virginia Department of Environmental Protection is
dividing these related activities up piecemeal," Osborne said, noting
he believes the local air does not meet the requirements of the U.S.
Environmental Protection Agency's Clean Air Act.
Jerry Williams, an engineer with the Division of Air Quality,
previously said the department could not count the sources of pollution
as one because the facilities will only be connected by a pipeline. He
also confirmed the air division has no authority to regulate gas wells.
Kathy Cosco, DEP spokeswoman, said the department had no comment on the
appeal late Friday.
Within the DEP, the Office of Oil and Gas issues permits and regulates
natural gas drilling. West Virginia Code 22-6-2(12) gives this office
the authority to "perform all duties as the permit issuing authority
for the state in all matters pertaining to the exploration,
development, production, storage and recovery of the state's oil and
gas."
However, Osbourne writes in the appeal the nothing in this clause
prohibits the air division from "establishing permit requirements for
pollutant-emitting activities at well sites or any other natural gas
exploration, development, production, storage or recovery sites."
Chesapeake Director of Corporate Development Stacey Brodak previously
said regarding the compressors, "Compression is a necessary part of
natural gas production in this part of the Marcellus Shale."
Chesapeake spokeswoman Maribeth Anderson said the company would have no
comment.