DEP: System ‘Isn’t Prepared’
Official: Oil, gas regulations must be re-evaluated
Morgantown Dominion Post - 3 June 2011
By David Beard
Department of Environmental Protection Secretary Randy Huffman admitted
Thursday night that the DEP regulatory process for Marcellus gas wells
is inadequate.
Based on comments at the meeting, he pledged to re-evaluate the DEP’s
air quality control measures, and agreed that evaluating permits for
public health and safety concerns, and flagging problem permits for
further review is worth considering.
Huffman responded to shouted questions — and some from people who
actually had the floor — as part of a public meeting on “the adverse
impacts of Marcellus natural gas activities” co-sponsored by the WV/PA
Monongahela Area Watersheds Compact and the League of Women Voters at
Skyview Elementary School.
A little more than 200 people filled the school’s auditorium/
lunchroom, though about onethird to a half had left when Huffman took
the floor for the latter portion of the three hour meeting.
Compact co-chair Barry Pallay introduced Huffman with a question. Since
the Legislature has failed to pass Marcellus reg- ulations, Pallay
said, “Using the powers you have, can you put together a regulatory
program to protect the area” and the state?
Huffman explained that the oil and gas regulatory program is the oldest
regulatory program in the state, one designed for conventional vertical
wells.
“Quite frankly,” he said, “our regulatory structure isn’t prepared to
deal with it.” He has some emergency powers, “but it’s a bit more
complex than that.”
One thing became apparent at the meeting, he said. The DEP hasn’t fully
considered drilling’s aggregate effects on water, air, roads, public
health and safety. The permitting process looks at single facilities —
not the big picture.
“This is going to take a lot of thought and a lot of effort,” he said.
“We are learning so much about what is going on, we are making changes
in our thinking every day.”
While concluding that thought, someone shouted, “Why don’t you stop the
drilling until you know what you’re doing?”
Other people began shouting, and Pallay restored order by noting it
appears the DEP approves every permit application. The Morgantown
Industrial Park site, he said, is “a poster child for a permit that
should not be approved.”
He posed two resolutions, which the audience approved. One, which
Pallay admitted is hopeless, called for a moratorium on further permits
until the DEP can fully assess the regulatory situation.
The other, more practicable, calls for the DEP to evaluate permit
applications for public health and safety impacts, flag those with
potential problems, review them and seek public comment. The DEP needs
to examine permits in wetlands and flood plains and near schools and
water supplies.
Huffman said a cabinet secretary doesn’t have the power to stop
drilling, but the DEP can certainly review permits for those issues —
he’ll take it under consideration — and will definitely review its air
quality control program.
Huffman observed that the additional safety provisions negotiated with
Northeast Natural Energy for the Morgantown wells, after the fact, were
made part of the permits for Northeast’s two Blacksville wells near
Dunkard Creek, and could be a model for future permits. Some audience
members shouted that the DEP should incorporate those measures for
every well from now on.
MUB speaks
Some people wondered if the Morgantown operation is getting
regular inspections for well casings and cement sheathing around the
casings.
Morgantown Utility Board (MUB) General Manager Tim Ball told them that
while DEP isn’t always on site, MUB is there almost every day,
observing the safety tests and reviewing the results. MUB also is
monitoring water quality at the well site, at the base of the pad on
the west bank of the Monongahela River, and at its public water intake
1,500 feet downstream from that point.
MUB has developed contingency plans in case of a spill, he said. Part
of the city water supply comes from the Cobun Creek reservoir. Should
the Morgantown intake have to close, Cobun has a nine-day supply. In
addition, the Army Corps of Engineers can open its dam to flush the
contaminated water more quickly, and MUB is developing a backup intake
upstream of the well pad.
Should MUB have to use that backup, it would cost $200,000 to open,
plus $25,000 a month to maintain, Ball said. When audience members
asked who would pay for it, Pallay posed another resolution, which
passed, calling for the drilling company to post a bond to cover it.
City Council speaks
Morgantown Deputy Mayor Don Spencer told the crowd that the two
bills the Legislature considered during its session both lacked certain
important protections. Council will consider a resolution calling for
the state to add these to any new regulations:
- Public health and safety risk criteria.
- Casing standards based on drilling and fracking pressures
(up to 10,000 psi, according to other sources).
- Sufficient inspectors.
- Authorization for municipalities to enact drilling bans
within a mile of city limits and water intakes.
- Public notice and hearings for permits within two miles of
corporate boundaries.
- Bonds that correspond to real and potential damage costs, so
taxpayers aren’t burdened.
- A requirement for “green” fracking chemicals statewide.