Senate's Well-Drilling Rule Draws Environmentalist Fire

Charleston Gazette
12 February 2010
By The Associated Press

CHARLESTON, W.Va. -- A measure meant to improve safety around underground pipelines and well sites has won approval from the state Senate, but environmentalists say it was weakened by a powerful lawmaker who "was on the side of industry."

They cried foul over a last-minute change to the bill before senators unanimously voted to send it to the House of Delegates on Thursday.

The bill, which adds to rules that govern oil and gas drilling, would require companies to mark where they've placed underground pipelines in mining areas. The measure comes in response to the 2006 death of a surface miner in Boone County when his bulldozer struck a gas pipeline.

Another provision aims to prevent wastewater leaks from holding ponds at well sites. Drilling for gas in underground shale requires massive amounts of water that can end up five times saltier than seawater. It can also contain dissolved solids such as sulfates and chlorides, churned up from thousands of feet below ground.

The measure would require companies to install synthetic liners around these impoundments, unless testing shows the soil around the pond can hold liquid without leaking.

Environmental lobbyists had sought to require liners in all cases. Don Garvin, legislative coordinator for the West Virginia Environmental Council, faults Sen. Joe Minard for changing the rule following a hallway meeting with industry lobbyists and state regulators.

The Harrison County Democrat had been co-chairing the joint committee that reviews regulatory rules, and added the modified language upon returning from the impromptu powwow.

"We were really happy that [the state Department of Environmental Protection] stuck to their guns through the public comment period, and it was most depressing to see a deal cut out in the hall because the committee chairman was on the side of industry," Garvin said afterward.

Minard said the changed language reflected a compromise between industry groups and regulators.

"I was able to get industry and DEP together, and got an agreement drawn up. That is nothing different from what we do with all rules," he said Friday. "I'm very sorry they feel that way, but it's my job as chairman to bring all parties together."

Delegate Bonnie Brown, Minard's co-chairwoman, said the committee was unaware of that specific change until after it had advanced the measure to the full Senate. But Brown also noted that the rule was amended further before Thursday's passage, to require that an engineer sign off on the soil analysis.

James Martin, chief of DEP's Oil & Gas Office, said the rule passed by the Senate meets his agency's objective.

"Our interest is to protect the groundwater, the surface water," Martin said. "That's what we're after, is a pit that doesn't leak."

The rule also requires drillers to satisfy several design, location and construction requirements when building impoundments meant to hold more than 210,000 gallons of wastewater.