DEP Files Drilling Rule
Opponents say regulations not strong enough
Morgantown Dominion Post
23 August 2011
The state Department of Environmental Protection (DEP) filed an
emergency rule Monday with the Secretary of State’s Office regarding
oversight of horizontal gas well development.
The rule conforms to the instructions acting Gov. Earl Ray Tomblin
spelled out in his July 12 executive order to the DEP.
The rule takes effect after approval by the secretary of state and
remains in effect for 15 months. Among the requirements:
An erosion and sediment control plan and site construction plan,
certified by a registered professional engineer.
A well site safety plan for well work permit applications involving
well sites that disturb 3 acres or more of surface.
A water management plan if the operator intends to use more than
210,000 gallons of water during any one-month period. The water
management plan shall include information, such as type of water
source; the counties from which water withdrawals will be taken;
latitude anticipated volume of each withdrawal and anticipated months
withdrawals will be made; planned management and disposition of
wastewater from fracturing and production activities; a listing of
anticipated additives to be used in the water for fracturing; and, upon
well completion, the listing of actual additives that were used.
Permit applicants drilling within the boundaries of any municipality
are required to place a legal newspaper advertisement in the area where
the well is proposed. No well work permit will be issued until 30 days
notice has been provided to the public.
Record-keeping requirements for the quantity of flowback water from
hydraulic fracturing and the method of management or disposal of the
flowback.
Drill cuttings and drilling mud be disposed of in an approved solid
waste facility.
Casing and cementing standards to prevent the migration of gas and
other fluids into fresh ground water and coal seams.
“We must work hard to make sure our efforts to capitalize on
opportunities such as the Marcellus Shale are regulated responsibly and
done in ways that protect our citizens and the environment. I believe
this emergency rule is a key first step to accomplishing that goal, but
there is much work to be done,” Tomblin said in the statement.
DEP Secretary Randy Huffman said: “This is not the end of the debate,
but only the first step in addressing the myriad of concerns our
citizens have regarding this practice. ... We look forward to working
with the Legislature to ensure a comprehensive approach to regulating
horizontal drilling is addressed.”
The Independent Oil and Gas Association of West Virginia (IOGA WV)
praised the DEP’s action.
“IOGA WV is in favor of reasonable and measured regulation for
Marcellus shale drilling that would promote the growth of the industry,
while protecting West Virginia citizens and our environment. DEP
Secretary Huffman has been very proactive in systematically upgrading
the drilling regulations to deal with the changing technology that has
brought us the Marcellus shale development opportunity.” The new rule
“will pave the way for continued investment and jobs in West Virginia,”
IOGA President Jim Haskins said.
A number of environmental groups said they are unsatisfied with the
rule because it lacks crucial protections, and are calling on the
Legislature’s Joint Select Committee on Marcellus shale to resume its
work on a regulatory bill in preparation for a special session.
“The select committee ... has failed to reach any agreement on the
issues, and therefore no special session has been called,” said Jim
Sconyers, of the West Virginia Sierra Club. “Yet permits continue to be
issued. Our air, land and water need immediate protection.”
Ten groups held rallies in Morgantown and Charleston on Monday calling
for action — five groups at each rally.
Candace Jordan, of WV4MOM (West Virginia for a Moratorium on Marcellus)
said in a statement, “We are no closer to having adequate regulations
for Marcellus shale gas drilling than we were last March at the end of
the 2011 session. If the Legislature is unable to agree upon and
deliver broad regulation, the DEP needs to stop issuing permits.”
Eighteen groups signed a letter urging the select committee to
reconvene, noting these holes, among many, in the DEP’s proposed rule:
Nothing to address the cumulative effects of air pollution, noise and
truck traffic.
No public comment for permits inside municipal boundaries, and no
public notice or comment for wells in rural areas.
No surface owner protections, including a requirement for drillers to
negotiate surface use agreements.
No protection for public lands.