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.”