Tomblin Nixes Session
Seeks $2M for gas well inspectors
Morgantown Dominion Post
17 March 2011
By David Beard
CHARLESTON — Putting the kibosh on a special session for a Marcellus
bill, acting Gov. Earl Ray Tomblin said he wants the Legislature to
come up with $2 million to hire more inspectors, and rely on the
Department of Environmental Protection (DEP) to draft emergency
regulations.
Legislators, surface owners, environmentalists and industry
representatives all panned his announcement.
“It was extremely disappointing to me that the Legislature was unable
to pass a piece of reasonable legislation,” Tomblin said at a Wednesday
press conference. “Given the divide that exists, I do not believe that
a special session is warranted at this time. Until an agreement is
reached, I will not waste the taxpayers’ money to call a session.”
The Sierra Club, the West Virginia Surface Owners’ Rights Organization,
the West Virginia Environmental Council, and Tomblin gubernatorial
rivals House Speaker Rick Thompson, acting Senate President Jeff
Kessler and Secretary of State Natalie Tennant, all Democrats, have
said they would like to see a special session on Marcellus.
Tomblin said the DEP has adequate authority to draft rules to govern
the industry in a manner to protect the environment and promote
commerce. There are a few things it can’t do, he said, such as come up
with money for inspectors. That’s the reason for the $2 million.
He sent a letter to the budget conferees just before the 1 p.m.
announcement asking them to find $2 million in the General Fund for the
DEP’s Office of Oil and Gas, on top of the $505,780 it already receives.
DEP Secretary Randy Huffman said the money would pay for eight to 10
more inspectors, on top of the 12 already working (the DEP is funded
for 17, but doesn’t have all the positions filled). They will be
immediately sent to “hightraffic Marcellus areas.”
Huffman appeared to reverse his previous position on the need for
inspectors. In late February, he told the Senate Energy Committee,
“We’re not providing nearly the adequate coverage we need.” Asked then
if the DEP would continue permitting Marcellus wells if a bill doesn’t
pass, he said it would be expedient, but not right away.
On Wednesday, he said, “That’s not actually what I said. We need to
make sure we are not overloading inspectors with more permits than they
can handle.” There’s no need to cut back on permitting. “We’re still
not at that point. That’s just not the case yet. ... It’s a very
dynamic situation.”
Legislators React
Senate Finance Committee Chairman Roman Prezioso, D-Marion, said
he wasn’t pleased by Tomblin’s announcement. He received the letter
just before the press conference.
“I think this is a little unorthodox. We’ve already settled the DEP
account [Tuesday]. ... I’ve got a lot of questions to ask about the
validity of the $2 million.”
He wants to talk to the House Finance Chair Harry Keith White, D-Mingo,
and the other conferees about the money and how they’re going to find
it, since neither budget bill accounts for it.
He noted it’s not a onetime thing, either. Putting that line in the
General Fund makes it permanent.
“If he feels that strongly about it, at the end of the budget [week],
he could call a special session and do a supplemental and get the money
right now.”
The budget won’t take effect until July 1.
“I’ve still got a lot of questions to ask,” Prezioso said. But, “if
it’s needed, we’ll find a way to do it.”
Delegate Rick Snuffer, R-Raleigh, said calling on the DEP to create
regulations is no different than the unelected U.S. Environmental
Protection Agency (EPA) trying to dismantle the coal industry — notably
the EPA’s retroactive revocation of the Spruce Mine permit.
Stakeholders React
Corky DeMarco, representing the West Virginia Oil and Natural Gas
Association, said, “We were all looking for a bill that would allow for
certainty in the industry, allow for investment. We were a little bit
disappointed that what came out was nothing.”
Gary Zuckett and Julie Archer, both with the West Virginia Citizen
Action Group, spoke for surface owners.
Zuckett said he is pleased Tomblin wants to pay for more inspectors,
but criticizes his method. “The industry should be paying for its own
regulation. The taxpayers should not be paying to regulate this
multibillion dollar industry.”
Archer said Tomblin’s view of the DEP’s powers contradicts that of the
Manchin administration, which recognized the DEP is understaffed and
doesn’t have the proper regulatory structure in place.
Denise Poole, with the West Virginia Environmental Council, said
Tomblin is putting a lot of faith in the overburdened DEP. “In some
ways, it can’t be overregulated and overinspected. We wanted a good
bill.”
Several people commented on one possible obstacle to progress: The
gubernatorial election, featuring all the legislative leaders.
“That makes a little sticky wicket,” Zuckett said. “Action may have to
wait until after primary season.”