Acting W.Va. Governor Orders Emergency Shale Rules
Associated Press
13 July 2011
By Lawrence Messina, The Associated Press
CHARLESTON, W.Va. -- West Virginia regulators will temporarily take the
lead on regulating Marcellus shale drilling while lawmakers attempt to
craft long-term rules for developing this rich natural gas reserve,
acting Gov. Earl Ray Tomblin announced Tuesday.
Mr. Tomblin signed an executive order that directs the Department of
Environmental Protection to issue emergency rules largely focused on
the hydraulic fracturing that can accompany drilling into the mile-deep
rock formation.
Also known as fracking, the process involves drillers pumping large
amounts of water mixed with chemicals and sand into wells to crack the
shale and release the gas. Environmental concerns include draining
local streams to provide the water, and drinking water that may become
tainted by fracking fluids.
Both industry and environmental groups called Tuesday's order a
positive first step.
Mr. Tomblin wants the DEP to require drillers to estimate water usage,
and for the agency to approve any disposal of frackwater by way of
public treatment plants. For wells that will draw more than 210,000
gallons of water monthly, companies would have to file water management
plans that identify water sources and chemical additives, among other
details.
Mr. Tomblin wrote in the order that accidental spills, "while rare, can
have significant, harmful effects on our citizens, streams and rivers,
and wildlife. The risk to our citizens, however slight, is too great to
not act swiftly to promulgate additional regulations to ensure the
responsible development of the Marcellus Shale in West Virginia," the
order said.
The rules for large-scale wells would also limit water withdrawals to
preserve their sources, and require properly encased wells to prevent
leaks. Poorly built gas wells have been blamed for contaminated
drinking wells in neighboring Pennsylvania.
New wells that employ the unconventional horizontal drilling method
often relied upon by Marcellus developers must publish public notice
when they fall within municipal boundaries. Several communities --
Wellsburg, Lewisburg and, most recently, Morgantown -- have barred
Marcellus drilling that includes fracking. Morgantown has since been
sued over its ordinance.
Among the other rules outlined by Mr. Tomblin's order, registered
engineers would have to certify site construction and sediment control
plans for all well sites that will disturb three or more acres.
Acting Senate President Jeff Kessler, a Marshall County Democrat who
appeared alongside Mr. Tomblin and endorsed Tuesday's move, said
emergency rules would remain in effect up to 15 months. DEP Secretary
Randy Huffman, also on hand, said he hoped to have rules written within
a month.
West Virginia counted more than 620 Marcellus wells in 2009. While the
emergency rules would apply mostly to new wells, state Independent Oil
& Gas Association President John Haskins said the water
withdrawal-related provisions would affect all operations going
forward. Mr. Haskins and other industry representatives were among the
throng that packed the governor's Capitol reception room for Tuesday's
announcement.
Mr. Haskins said lawmakers should consider them as a framework as they
pursue permanent rules on the subject. He said Mr. Tomblin's order
sends an important, positive signal to industry. "Capital investment
for Marcellus Shale is huge," Mr. Haskins said. "If we have an
uncomfortable political atmosphere in the state, that money will not
come. The jobs will not be here."
The Legislature proved unable to pass Marcellus rules during the
regular session this year. A House-Senate committee recently began
attempting a compromise measure, with the goal of crafting legislation
that could succeed in a special session before 2012.
"I believe Acting Governor Tomblin is being prudent," House Speaker
Rick Thompson, D-Wayne, said in a statement. "In the meantime, the
Legislature's Select Committee on Marcellus Shale 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 protects the environment and ensures proper
labor practices."
The committee began its efforts Tuesday with a scientific overview of
horizontal drilling and fracking. It also heard from Morgantown City
Council member Bill Byrne, who oversaw passage of its Marcellus
ordinance while he was mayor. He said the absence of legislation and
hundreds of resident complaints prompted the measure, after drilling
began within a mile of an area drinking-water intake.
Mr. Byrne urged lawmakers to approve statewide rules, adding that
Tuesday's order appeared to address at least some water-related
concerns. The committee meets again today.
Questioning whether the select committee can succeed, Don Garvin of the
West Virginia Environmental Council called Tuesday's order a good first
step. He also noted that concerns over Marcellus drilling go beyond
fracking, and involve such other areas as surface owner rights and
damage to rural secondary roads.
"We will continue to press the Legislature for a strong bill," Mr.
Garvin said. "This will in no way provide all of the protections that
are needed, and I think the governor has admitted that. He says he
supports the legislative process, so I'll take him at his word."