Proposed Rules Well-Conceived
Legislative interim session helps advance regulations of Marcellus
gas industry
Morgantown Dominion Post
19 November 2010
The wealth of this state is at our feet. But we have increasingly come
to understand that our whole economy — where economic activity and jobs
come from — is in our whole environment. One sign of that understanding
is the ongoing review, discussion and revisions of regulations of the
Marcellus gas industry, under way in legislative committees. Another
key element of our economy to all industrial activity, including
extractive industries, is the state’s infrastructure, especially our
roadways. This particular issue is also before a legislative panel, in
light of the fast-growing Marcellus gas industry’s resulting truck
traffic. Earlier this week, a joint Judiciary subcommittee and the
joint Infrastructure committee received draft policies on new Marcellus
gas regulations. The document before the Judiciary subcommittee would
require a full accounting of the chemical “cocktails” used —
proprietary claims aside — in the fluid used in this process, referred
to as fracking. It also necessitates that the operator of these gas
wells keep complete data on amount of water used and returned to the
surface in this process.
In the other document, rules that would require operators to put up
road bonds that got Marcellus gas traffic are being determined. This
proposal would also require operators in some cases to meet with the
state Division of Highways prior to drilling to determine what kind of
improvements would need to be made prior to the project, or later.
These rules are also being designed to take into account the scale of
these projects, or the volume of traffic — primarily water-bearing
trucks — on state roads.
We realize these lawmakers are walking a tightrope. They clearly do not
want to cripple this potential bonanza for our state.
But at the same time, the protection of our water, our roadways and
landowners rights are paramount in this debate and any decisions.
Although we suspect some industry representatives will be
obstructionists in this issue, we are encouraged that the largest
stakeholders in the gas industry are cooperating in this process.
These draft bills are also being prepared with the expertise of the
state’s Department of Environmental Protection and industry, which will
help base these new rules on science and the best interests of all.
We are not wholly confident that Marcellus gas regulations will advance
into law in the upcoming regular legislative session, which starts in
January.
However, on the surface, these initiatives appear ready to tap into
finding common ground.