Update on Fracking in Virginia & Maryland

by Duane Nichols on September 29, 2016

MD & VA at the Crossroads

EDITORIAL – Richmond Times-Dispatch, September 27, 2016

 YOUR RIGHT TO KNOW: “Fracking FOIA”

 [FOIA = Freedom of Information Act of Virginia]

Richmond, VA — At the behest of oil and gas interests, a state commission has suggested that Gov. Terry McAuliffe delay the implementation of new drilling rules. The industry wants time to ram through the General Assembly a new exemption to the state’s Freedom of Information Act so it can keep secret the chemicals companies use in fracking.

The Governor should say no.  Whatever proprietary interest companies might have in keeping their fracking formulas from competitors is heavily outweighed by the public interest in disclosure.  Industry has no more right to hide what toxins it pumps into the ground than it has to hide what effluents it pours into the streams or what particulates it belches into the sky.  And sharing that information with emergency officials in the event of disaster hardly suffices.  Disclosure at that point falls into the category of “too little, too late.”

Fracking is a legitimate means of tapping valuable resources and is safe when done right.  There is no need for Virginia to adopt the categorical opposition to fracking advocated by environmental ideologues.  At the same time, fracking can inflict negative externalities on the broader public – and those externalities cannot be measured, let alone addressed, if they remain hidden from public view.

[Todd Culbertson is the Editor of the Editorial Pages for the Richmond Times-Dispatch].

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Maryland Defines Drilling Practices –How will they be received?

The Maryland Department of the Environment (MDE) has just shared proposed regulations for fracking in the state. They still need to undergo a review process by the Joint Committee on Administrative, Executive & Legislative Review (AELR), to insure they comply with Maryland law.

MDE Secretary, Benjamin Grumbles announced the new regulation as “the most stringent and protective regulations in the country”. But are the “most stringent” regulations still enough to protect the environment, the health and safety of citizens, and valuable agricultural lands? Many say, “no” including Senator Bobby Zirkin who plans to introduce ban legislation in 2017 ahead of drilling permitting which could begin in October of the same year.

It’s clear now that MDE has missed the October 1, 2016 deadline for adopting final regulations however, the department is suggesting Maryland will have fracking regulations in place before the end of the calendar year. It’s likely a robust reaction will follow the regulations, and legislators will be tasked to act on fracking bills, including a ban in the next session.

A recent Baltimore Sun poll has shown a three to one margin supporting a ban on drilling in Maryland. If public outcry will guide legislators in the next session, the gas industry will be facing a tidal wave of opposition. 

See For Yourself — You can review the regulations

Regulations can be daunting to review, so looking at the “Summary” will help you better understand the more complex components within the full regulations. Engage Mountain Maryland will be looking for how they fall short of providing protection for our state residents, economic well-being, and the environment.

The proposed regulations are submitted with the following three documents. The first summary document outlines the areas addressed within fracking regulations. The subsequent documents outline amendments to existing regulations as well as new regulations MDE is recommending.

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