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.