Delaware River Watershed (NY-NJ-PA-DE)

The Delaware River Basin Commission published rules Tuesday for Marcellus Shale hydraulic fracturing, or fracking, and has scheduled a vote to adopt at its November 21st meeting in Trenton. The governors of the four basin states — New Jersey, Pennsylvania, Delaware and New York —  have votes. The five-member panel also includes a federal representative, the commander of the Army Corps of Engineers, North Atlantic Division.

Under the proposed rules, a maximum of 300 natural gas wells could be drilled over an 18-month trial period, ending an existing moratorium within the region. Maya van Rossum of the Delaware Riverkeeper and the heads of four other environmental groups said in a joint statement: “As experts and attorneys comb through the modified rules, some particularly egregious provisions in the proposed regulations stand out.” The groups will fight “to prevent pollution from gas drilling in the Delaware River watershed.”

According to Kathryn Klaber, the president of the energy industry’s Marcellus Shale Coalition, drilling and fracking will bring many needed jobs to the area. “We’re certainly encouraged that this important process continues to move forward toward the goal of responsibly producing more clean-burning American natural gas,’’ Klaber said.

“By issuing these modified draft regulations, the federal government continues to ignore New Yorkers’ concerns about the impact fracking may have on our environment, health and homes,” said New York Attorney General Eric T. Schneiderman, who has filed a federal lawsuit meant to halt drilling in the basin at least until a cumulative adverse impact study is performed, according to the Wall Street Journal.

Also, a rally and protest demonstration has been called for Trenton, NJ, ahead of the vote by the DRBC to express the concerns about the diverse impacts of horizontal drilling and fracking in a watershed that serves 15 million people.

WV Joint Select Marcellus Committee Completing Work

The Joint Select Committee on Marcellus Shale approved three amendments Monday morning as it continued working toward a bill that would place new regulations and fees on the natural gas drilling industry.  The first would abolish the Oil and Gas Examining Board and transfer its duties to the WV-DEP. The second would allow for public comment and hearings on gas well permits. The third would increase the number of people who would have to be notified when a company plans to drill a well.

The DEP  asked the Legislature to abolish the board and transfer those duties to the agency. “It doesn’t add any value to the services of state government,” Kristin Boggs, the general counsel to the DEP, told the committee. “It’s a lot of money for someone with an office as small as the Board of Oil and Gas.” Delegate “Woody” Ireland, R-Ritchie, said the board has not had a member representing the public for several years. Now, he said, the board has two members. One comes from large drilling companies and one from smaller drilling companies, he said. He likened the situation to a fox guarding the henhouse.

Delegate Barbara Evans Fleischauer, D-Monongalia, supported the amendment because it would let the public know inspectors are independent of the drilling industry. Boggs said the DEP wants to expand its gas well inspection force by adding people who are trained in soil and water issues. Gas well inspectors can do what she called “down hole” inspections, but hydraulic fracturing sites include retention ponds and other matters that require people knowledgeable in that specialty, she said.

Although the amendment pertaining to public comment passed unanimously, there was concern from the DEP and from an industry spokesman about unintended consequences. “Unlike coal, you’re looking at 400 or 500 permit applications a year,” said Phil Reale, representing the Independent Oil and Gas Association. “The number of hearings that potentially could be held could cripple the industry.” Fleischauer said the DEP secretary could use his or her discretion in deciding which permits would need a public hearing. The amendment would not require public hearings, she said. Boggs said she hadn’t seen the amendment being discussed. She said the DEP is not against a public comment period, but the demand for hearings could be a burden on the agency.

The Committee’s next meeting is 2 to 4 pm  Wednesday, September 14^th,  in the Senate Judiciary Committee meeting room at the State Capitol. A total of 10 amendments have been adopted thus far with 11 left to handle in the remaining two-hour session, according to co-chairs Sen. Doug Facemire, D-Braxton, and Delegate Tim Manchin, D-Marion, reports the Morgantown Dominion Post.