Officials Seek Stronger Drilling Rules

Wheeling Intelligencer
13 November 2010
By Casey Junkins, Staff Writer With AP Dispatches

MORGANTOWN - As West Virginia's number of Marcellus Shale natural gas wells skyrockets, many concerned residents are calling on the state Department of Environmental Protection to increase its oversight of the industry.

Gas well fires, explosions and leaks - along with complaints about possible water contamination and air pollution - in Marshall and Wetzel counties this year leave some wondering if the DEP's 17 Office of Oil and Gas inspectors can properly regulate the rapidly growing industry.

Now, a 100-page draft of proposed legislation provided to The Associated Press shows the DEP wants companies like Chesapeake Energy, AB Resources and others to identify when, where and how much water they withdraw from creeks and streams for drilling operations. The department also wants to know what chemicals companies use in hydraulic fracturing, how much wastewater they produce, and when and where they would dispose of the waste.

Recently, some residents in both West Virginia and Pennsylvania have expressed concerns about possible methane leaks caused by Marcellus drilling. There have also been complaints regarding the hydraulic fracturing process, more commonly known as "fracking," in which drillers pump millions of gallons of water, sand and chemicals deep into the earth to break the rock, thereby, releasing the gas.

DEP Plans


The proposed legislation, which DEP Secretary Randy Huffman calls "rough and raw," also would require companies to replace water they contaminate. Companies would have to provide emergency supplies within 24 hours, a temporary supply within 72 hours and a permanent supply within two years.

"Right now, you can almost hand-draw a well site on a piece of paper and fill out a form and get a permit." Huffman said.

According to Huffman's rough plan, companies would need permission from the secretary and professionally engineered designs before building open pits that hold more than 210,000 gallons of water. Those pits may have to be lined to prevent chemicals from leaching out, and the DEP could revoke or change permits for any pit deemed a public hazard.

Huffman cautioned that the legislation, which contains seven new sections of code, is a working document that will likely change. Still to be addressed are issues such as the spacing of wells, noise control, road protection and bonding requirements.

The secretary's team also must tackle the complex issue of mineral rights and whether holdout property owners can be forced to give them up, or how much to charge for Marcellus permits. The DEP needs more revenue to expand its inspection staff, which earlier this year Huffman said consisted of only 17 inspectors for the entire state.

New fees for Marcellus drilling permits would be "significantly higher" than the fees for conventional shallow wells, Huffman said, but the amounts will be determined later.

The legislation contains a new section of "environmental protection performance standards," which would require companies to notify landowners of blasting plans, replant disturbed areas, case and seal wells to prevent groundwater contamination, and protect offsite areas from damage.

Companies would not only have to inform the DEP of their water withdrawal locations but post signs identifying them to the public, along with the operator's permit and telephone numbers. The legislation also has extensive record-keeping and reporting requirements for water, including how much is being transported, by whom, and when and where.

DEP general counsel Kristin Boggs, added of the drilling companies, "The fact that we're going to make them do something is a departure from what they're used to."

Huffman said he hopes to have a more polished draft of the legislation by mid-December.

Legislators' Views


If you ask Jeff Kessler, Orphy Klempa, Erikka Storch or Ryan Ferns, they believe the DEP needs to take a stand on regulating Marcellus drilling.

"If we only have 17 inspectors to cover the whole state, that is not enough," said state Sen. Kessler, D-Marshall. "When we had mostly conventional (vertical and shallow) gas drilling, that may have been enough. But with this drilling (horizontal and more than a mile deep into the ground), we need more inspectors."

State Sen.-elect Klempa, D-Ohio, knows it is time for the Legislature to act, noting on the night of his election, "Right now, there is entirely too much drilling, with not enough regulations in place. We need to make sure these gas companies are respecting our land."

Both state 3rd District Delegates-elect Storch, R-Ohio, and Ryan Ferns, D-Ohio, know how important natural gas drilling will be for 's economic and environmental future.

"West Virginia did a lot of things wrong in regulating coal mining. We need to get it right with the (Marcellus) Shale," Ferns said recently.

"We need to be responsible," Storch previously noted. "We need to strike a balance between development and protecting our environment."