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.