Frack Check WV » set-backs

New Rules to Regulate Fracking in Boulder County, Colorado

Duane Nichols — Wed, 29 Mar 2017 16:17:38 +0000

Diesel trucks deliver frack sand & chemicals

Boulder County’s New Fracking Rules: Three (3) Things To Know

From an Article by Jackie Fortier, KUNC, Boulder, Colorado, March 27, 2017

With its moratorium on new drilling permits set to expire in a few weeks, Boulder County commissioners unanimously passed new oil and gas regulations. The county calls them the “most restrictive” of such regulations in Colorado. They are about 60 pages and require a much higher environmental and public health standard than the state. Boulder County began the new rule process following two state Supreme Court decisions in 2016 that invalidated hydraulic fracking bans or long term moratoriums.

“In light of those decisions, the board terminated our moratorium that was in effect until 2018, and established a new moratorium until May 1, 2017, for the purpose of allowing us [Boulder County planning department] to update the regulations that we had adopted in 2012 and prepare for their implementation,” said Kim Sanchez, chief planner for the county.

Now that the commissioners have adopted these regulations, here are three key takeaways:

These regulations are ‘the most restrictive’ in Colorado

Boulder County wants to push the envelope. For example, an oil or gas company that wants to drill in unincorporated Boulder County would have to give notice to surrounding landowners and residents, have multiple public meetings, and do soil and water testing, which could be a very long and probably more expensive process than anywhere else in Colorado. State officials told Boulder County it is overstepping their local authority, a position that Commissioner Elise Jones said they would defend.

“Our focus is on adopting regulations that we think are the strongest possible, for our citizens and the environment, and our understanding of the law as we see it,” she said. “If the state disagrees well, so be it, we’ll deal with that. If the state wants to pre-empt local governments, on oil and gas then they need to do their job and protect us from the impacts of oil and gas, and they are not doing that. And until they do that, local jurisdictions like Boulder County will continue to push to do that work themselves.”

What can the state regulate and what can local governments like Boulder County regulate?

The Colorado Oil and Gas Conservation Commission regulates location and construction of drill sites and associated equipment, for example what machinery is used. Local governments like Boulder County have substantial regulatory authority through their land use code, such as building permits for structures, traffic impact fees, and inspecting for compliance with local codes and standards related to water quality and wildlife impacts. Boulder County’s new regulations are the most stringent in terms of land use.

New regulations aim to minimize the noise, dust and pollution associated with oil and gas drilling, like the sand loading in the photo above.

You could get paid to live by oil and gas drilling

One of Boulder County’s regulations could require a company to pay residents “disruption payments.” Not every company would have to do this; it’s an option for the county to require. Within a mile radius of the drill site, companies would need to pay residents enough money to move and pay rent somewhere else during some operations. The closer you are to the drill site, the more money you would get. The amount would be calculated based on federal data for the area. Every month residents would get a check. It would be up to them if they would want to move temporarily or just keep the money.

Commissioner Jones said they thought disruption payments were necessary to include.

“Industry has never been required to say ‘Yes, I’m impacting those people’s lives and I’m going to pay to help move them to a place so their quality of life isn’t diminished by my noise and my dust and my vibrations and my emissions,’ Jones said. “We think that it’s an important first step in industry taking ownership of the significant impacts that drilling has, particularly when you’re drilling near homes and schools and the like.”

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>>> Hear a reporter debrief with KUNC’s Erin O’Toole and Jackie Fortier on the new oil and gas regulations, and how they compare.

WV Delegates Frustrated with WV Department of Environmental Protection

Duane Nichols — Fri, 23 Aug 2013 18:05:42 +0000

: Whose problem(s) are they?

Legislature expected solid directives out of gas well pad research studies

From the Article by David Beard, Morgantown Dominion Post, August 22, 2013

CHARLESTON — Several delegates expressed frustration this week with the lack of concrete recommendations from the WV Department of Environmental Protection (DEP) after a series of gas well pad studies. Jim Martin, DEP Office of Oil and Gas chief, outlined the results of three legislatively mandated studies to the Joint Standing Committee on the Judiciary during interims.

The studies — pits and impoundments, released in March; noise, dust, light and volatile organic compounds (VOCs), released in late May; and air quality, released in June — yielded just one recommendation to the Legislature: Reconsider well pad setbacks. The Dominion Post reported on them in depth in June and July.

Delegate Woody Ireland, R-Ritchie, had proposed the studies and grilled Martin several times about the WV-DEP’s recommendations — particularly setbacks. The current limit is 625 feet from the center of a pad. The WV-DEP recommended making it an unspecified number from the “limit of disturbance,” defined by the outermost sediment barrier.

Ireland said the current limit is arbitrary, reached through give and take, and the DEP’s recommendations fall short of his intentions for the studies. “Now we’re suggesting we’re going to enter into that negotiation again,” he told Martin. “Do you not see us being able to come to that on a scientific basis, rather than reverting to a used car dealership negotiation?”

Martin replied, “We don’t believe the information we have gives us a number.” And Ireland — a retired chemist (or chemical engineer) — said, “I’m just frustrated we can’t come to a scientific basis.”

Martin told the members the studies cost about $1 million: $600,000 to WVU to conduct the studies, and $400,000 in-kind for use of a U.S. Department of Energy data gathering trailer. “All of these were on very tight timelines,” he said. They didn’t find any public health emergencies but uncovered some nuisance-related concerns.

The WV-DEP is consulting with operators and staff regarding a variety of mitigating measures, Martin said. For noise, they recommend sound barriers, reduced vehicle idling and reduced night operations. Some operations might fall under local noise laws.

For dust, they suggest road-wetting agents, lower speeds and changing the timing of traffic. For VOCs, they recommend that state police enforce the vehicle idling act. Legislators were skeptical about that one.

Delegate Barbara Evans Fleischauer, D-Monongalia, observed that while studied operations didn’t exceed 70 decibels — the Environmental Protection Agency threshold for hearing loss — many did exceed levels that disturb sleep and affect health.. “I’m just wondering why we aren’t going to establish a number the companies could work toward,” she said. “I hope you would consider that. It’s something we’ve gotten a lot of reports about.”

Delegate Mike Manypenny, D-Taylor, referred to an explosion at a Doddridge County well pad that led to the deaths of two workers. Referring to VOCs on well pads, he said, “I don’t think we went as far as we should have to protect worker safety, too.” He wondered about a legislative mandate to employ best management practices.

Work-site safety falls under the U.S. Occupational Safety and Health Administration (OSHA), Martin said, and the WV-DEP is talking with OSHA about site safety.

In its study reports to the WV-DEP, WVU noted the limited time and amount of data available, and recommended more studies. After the meeting, The Dominion Post asked Martin about doing more research. He said, “I think the key thing there is we’re talking about studies … and activities that are in theory short duration or at least temporary in nature. We haven’t looked at that as to whether that’s necessary or not and that wasn’t part of our recommendation. … We haven’t chosen to make that recommendation.”

Asked about what’s next for the WV-DEP, based on the studies, he said, “At this point, we filed our reports and we made what recommendations we felt were appropriate to make.” It’s in the Legislature’s court now. “That’s up to them.” (Bolded accent added. DGN).