DEP: System ‘Isn’t Prepared’

Official: Oil, gas regulations must be re-evaluated

Morgantown Dominion Post - 3 June 2011
By David Beard
 
Department of Environmental Protection Secretary Randy Huffman admitted Thursday night that the DEP regulatory process for Marcellus gas wells is inadequate.

Based on comments at the meeting, he pledged to re-evaluate the DEP’s air quality control measures, and agreed that evaluating permits for public health and safety concerns, and flagging problem permits for further review is worth considering.

Huffman responded to shouted questions — and some from people who actually had the floor — as part of a public meeting on “the adverse impacts of Marcellus natural gas activities” co-sponsored by the WV/PA Monongahela Area Watersheds Compact and the League of Women Voters at Skyview Elementary School.

A little more than 200 people filled the school’s auditorium/ lunchroom, though about onethird to a half had left when Huffman took the floor for the latter portion of the three hour meeting.

Compact co-chair Barry Pallay introduced Huffman with a question. Since the Legislature has failed to pass Marcellus reg- ulations, Pallay said, “Using the powers you have, can you put together a regulatory program to protect the area” and the state?

Huffman explained that the oil and gas regulatory program is the oldest regulatory program in the state, one designed for conventional vertical wells.

“Quite frankly,” he said, “our regulatory structure isn’t prepared to deal with it.” He has some emergency powers, “but it’s a bit more complex than that.”

One thing became apparent at the meeting, he said. The DEP hasn’t fully considered drilling’s aggregate effects on water, air, roads, public health and safety. The permitting process looks at single facilities — not the big picture.

“This is going to take a lot of thought and a lot of effort,” he said. “We are learning so much about what is going on, we are making changes in our thinking every day.”

While concluding that thought, someone shouted, “Why don’t you stop the drilling until you know what you’re doing?”

Other people began shouting, and Pallay restored order by noting it appears the DEP approves every permit application. The Morgantown Industrial Park site, he said, is “a poster child for a permit that should not be approved.”

He posed two resolutions, which the audience approved. One, which Pallay admitted is hopeless, called for a moratorium on further permits until the DEP can fully assess the regulatory situation.

The other, more practicable, calls for the DEP to evaluate permit applications for public health and safety impacts, flag those with potential problems, review them and seek public comment. The DEP needs to examine permits in wetlands and flood plains and near schools and water supplies.

Huffman said a cabinet secretary doesn’t have the power to stop drilling, but the DEP can certainly review permits for those issues — he’ll take it under consideration — and will definitely review its air quality control program.

Huffman observed that the additional safety provisions negotiated with Northeast Natural Energy for the Morgantown wells, after the fact, were made part of the permits for Northeast’s two Blacksville wells near Dunkard Creek, and could be a model for future permits. Some audience members shouted that the DEP should incorporate those measures for every well from now on.
   

MUB speaks

Some people wondered if the Morgantown operation is getting regular inspections for well casings and cement sheathing around the casings.

Morgantown Utility Board (MUB) General Manager Tim Ball told them that while DEP isn’t always on site, MUB is there almost every day, observing the safety tests and reviewing the results. MUB also is monitoring water quality at the well site, at the base of the pad on the west bank of the Monongahela River, and at its public water intake 1,500 feet downstream from that point.

MUB has developed contingency plans in case of a spill, he said. Part of the city water supply comes from the Cobun Creek reservoir. Should the Morgantown intake have to close, Cobun has a nine-day supply. In addition, the Army Corps of Engineers can open its dam to flush the contaminated water more quickly, and MUB is developing a backup intake upstream of the well pad.

Should MUB have to use that backup, it would cost $200,000 to open, plus $25,000 a month to maintain, Ball said. When audience members asked who would pay for it, Pallay posed another resolution, which passed, calling for the drilling company to post a bond to cover it.
   

City Council speaks

Morgantown Deputy Mayor Don Spencer told the crowd that the two bills the Legislature considered during its session both lacked certain important protections. Council will consider a resolution calling for the state to add these to any new regulations: