PA Marcellus News Digest 7/25/12

PA Marcellus News Digest

July 25, 2012

Articles

Campers learn about the gas industry first-hand
Daily Review
C.R. Wagner
July 24
The "Marcellus Institute" at Mansfield University is something that was developed by Lindsey Sikorski, director of community relations, in response to the natural gas industry because it is an area its graduates can be employed in locally and will also allow them to earn family sustainable income. It gives graduates a choice to stay local or go global with the gas industry.
Link: http://thedailyreview.com/news/campers-learn-about-the-gas-industry-first-hand-1.1347489

During Kayak Tour, Corbett Ties Marcellus Boom To First Oil Wells
State Impact
Scott Detrow
July 25
Link: http://stateimpact.npr.org/pennsylvania/2012/07/25/during-kayak-tour-corbett-ties-marcellus-boom-to-first-oil-wells/

Judge to Rule on Whether New York Can Sue Over Fracking Regulations
State Impact
Susan Phillips
July 24
Link: http://stateimpact.npr.org/pennsylvania/2012/07/24/judge-to-rule-on-whether-new-york-can-sue-over-fracking-regulations/

Corbett orders firm time limits for rulings by DEP
Times Leader
Matt Hughes
July 25
In a move to speed the regulatory approval process for businesses, Gov. Tom Corbett on Tuesday signed an executive order demanding the Department of Environmental Protection establish firm time limits for reviewing environmental permitting applications.
Link: http://www.timesleader.com/stories/Corbett-orders-firm-time-limits-for-rulings-by-DEP,180816

Range Resources focuses on Marcellus as profit rises 6%
Pitt Trib
July 25
Range Resources Corp. said on Tuesday that it plans to continue consolidating drilling in the Marcellus shale, and it reported a 6 percent increase in quarterly profit compared to a year ago.
Link: http://triblive.com/business/2264276-74/million-percent-inc-per-quarter-share-ago-billion-cents-net

Driller agrees to penalty in settlement with EPA
Pitt Trib
Timothy Puko
July 25
One of Pennsylvania’s gas drillers has agreed to pay a $62,457 federal penalty to settle allegations of failing to meet hazardous chemical reporting requirements, the Environmental Protection Agency announced Wednesday.
Link: http://triblive.com/news/allegheny/2271029-74/epa-agency-hazardous-pennsylvania-problems-talisman-penalty-62457-admit-agencies

Speedier environmental reviews to be required
Pitt Trib
Timothy Puko
July 25
State environmental regulators soon will have new deadlines to review permit applications because Gov. Tom Corbett signed an order on Tuesday to guarantee timely decisions.
Link: http://triblive.com/news/allegheny/2264798-74/permit-department-order-environmental-corbett-deadlines-review-reviews-state-applicants

Protesters hold mock funeral criticizing Shell subsidies
Post-Gazette
Carl Romanos
July 24
The “Sons and Daughters of Liberty” (SDL) held a mock funeral for what they claim is the “death of the Pennsylvania commonwealth” on Tuesday afternoon in Market Square, and it didn't take long to see Gov. Tom Corbett's shale policy was a target for criticism.
Link: http://shale.sites.post-gazette.com/index.php/news/archives/24708-protesters-hold-mock-funeral-criticizing-shell-subsidy

DEP to monitor for shale-related air impacts in northeast counties
Times-Tribune
Laura Legere
July 25
State environmental regulators plan to install a long-term air-monitoring device in Susquehanna and Wyoming counties to screen for impacts from natural gas operations in the region.
Link: http://thetimes-tribune.com/news/dep-to-monitor-for-shale-related-air-impacts-in-northeast-counties-1.1348187

Residents in Marcellus Shale want voice in the process
Patriot-News
Ann Whitner Pinca, Op-Ed
July 25
On June 28, former Pennsylvania Gov. Tom Ridge was awarded a lifetime achievement award by the Pennsylvania Environmental Council for his contributions toward the state’s environmental preservation. It was a decision met with disappointment by many environmental groups.
Link: http://www.pennlive.com/editorials/index.ssf/2012/07/residents_in_marcellus_shale_w.html

Pa. plans to keep close tabs on air in Marcellus
E&E News
Gayathri Vaidyanathan
Energy Wire
July 25
(full text below)
Pennsylvania will be closely monitoring air pollution over the next year near compressor stations and gas processing facilities in the heart of the Marcellus Shale, the Department of Environmental Protection announced yesterday.

The monitoring will look for ground-level ozone, particulate matter, carbon monoxide, nitrogen oxides, hydrogen sulfide and methane. It will also include 60 volatile organic compounds, including hazardous air pollutants. The measurements will be made in Washington County, in the southwestern part of the state.

The monitoring will include emissions only from when natural gas is moved through pipelines and processing plants, and not during the drilling or production process. Since Washington County has "wet" gas, which contains both volatile organic compounds and methane in the gas stream, it is a good county to monitor, said Kevin Sunday, spokesman for the DEP.

Sunday said the DEP will not monitor emissions during hydraulic fracturing and production because new EPA air rules will likely cut down those leaks (EnergyWire, April 19).

The long-term measure follows three short-term studies in 2010 in which the DEP collected air samples near well sites and compressor stations in the southwest, north-central and northeast parts of the state. The studies found trace amounts of methane, ethane, propane and benzene in the air near drilling sites, as well as natural gas constituents near compressor stations. At least some of the oil and gas equipment was seen to leak.

The measured levels were below federal safe limits for short-term exposure in the southwest part of the state, the studies found. But they could not draw clear conclusions about overall health effects.

"The PA DEP was unable to determine whether the potential cumulative emissions of criteria pollutants from natural gas exploration activities will result in violations of the health and welfare-based federal standards," those studies concluded.

The new study will track longer-term impacts by monitoring the levels of pollutants for one year and comparing results with national ambient air quality standards to calculate risk to health. The monitoring will expand to other parts of the state if there is cause for concern.

DEP Secretary Mike Krancer said in a statement that air pollution in Pennsylvania overall has been falling in the last decade, and air quality will further improve if natural gas, which is a cleaner-burning fuel than coal, is used in the transportation and energy generation sectors.
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How many wells per inspector? In some states, answer is elusive
E&E News
Ellen M. Gilmer
Energy Wire
July 25
(full text below)
Figuring out the number of wells each oil and gas inspector must handle in North Dakota is pretty simple. In Pennsylvania, easy. In Oklahoma? Not so much.

A recent overview of state shale gas regulations showcases major gaps in data available to compare, state by state, the force of oil and gas agencies. Oklahoma, for one, doesn't know how many producing wells it has.

The analysis, released earlier this month by environmental think tank Resources for the Future (RFF), uses maps to illustrate states' regulatory force, broken into categories such as site development and wastewater storage. But jumping out from one map that depicts the number of gas wells per inspector are the many states shaded solid brown, meaning no data are available.

This lack of data comes at a time when understanding the workload of state inspectors has become crucial as states grapple with booming shale development and often shriveling budgets.

"If it's not caught and it's not recorded, it can't be remediated and measures can't be taken to keep it from happening again," said Nadia Steinzor, an organizer for Earthworks who recently studied the frequency of well inspection in New York.

Among the data-less states on RFF's maps are hydrocarbon heavyweights like Texas, Oklahoma and North Dakota. Further review finds that some of those do have statistics handy -- but in others, it's a tricky task to nail down even a close approximation.

In Oklahoma, learning staffing numbers is easy enough: The Oklahoma Corporation Commission, the agency charged with regulating oil and gas activity, employs 62 inspectors, a recent increase from 58. But the number of wells each inspector must handle is a statistic followed by seemingly endless asterisks.

In 2010, the state estimated it had 180,000 "active" wells -- 65,000 for natural gas and 115,000 for oil, according to an annual report. That number has since increased to as many as 190,000 active wells. But "active" is a loose term and doesn't indicate production. Spokesman Matt Skinner explains that the number of producing wells is tough to determine for a few reasons.

First, there are lease complexities: If an oil and gas company has one producing well on a lease, all other wells on that leased parcel are considered to be "held by production." That is a regulatory term that essentially means the state cannot order the company to plug the wells (unless there is a safety risk), and the company can choose to restimulate them at any point. So, many wells may be idled but still counted as active.

The second cause for obscurity in Oklahoma's well count is the state's long history in oil and gas production and its incomplete record keeping in the early 1900s. There are old, plugged wells that do not have their paperwork in order, so the state will continue listing them as "active" until plugging records are found. And that's a heavy lift for state regulators.

"We are in the process of searching out any documents for all wells in order to make sure our database is as up-to-date as possible," Skinner said in an email to EnergyWire.

"Bottom line -- we are working the paperwork and other data to come up with a producing well number," Skinner added in a follow-up, "but we won't be done anytime soon."

Many wells, fewer inspectors

It is a different story in North Dakota, where Department of Mineral Resources spokeswoman Alison Ritter says regulators know where every last well is. The oil-rich Bakken Shale has yielded a surge in development there over the past couple of years, prompting the state to hire more inspectors.

But Ritter explains that it is difficult for the state to recruit enough qualified hires. Professionals with expertise in oil and gas standards get scooped up quickly by energy companies offering hefty paychecks.

"There is a great need for workforce in our area right now," Ritter said.

Statewide regulation of hydraulic fracturing
States have selected markedly different policies in some cases for regulating fracking operations. Here are state actions on four key benchmark issues, compiled by Resources for the Future as of July.
State Requirement for pre-drilling water well testing Rule on cement barriers protecting water aquifers (depth below water table) Rule on fracking fluid disclosure Liners required for fluid storage pits
Ariz. No 100 feet Yes (CV) Yes
Calif. No No* No Pits prohibited
Colo. No* 50 feet Yes Yes
La. No No* Yes (CV) Yes
N.D. Yes No** Yes Pits prohibited
N.M. No No** Yes (V) Yes
N.Y. Yes 75 feet Yes* Yes
Ohio No* No** Yes (V) No
Okla. Yes 50 feet Yes (V) Yes
Pa. No 50 feet Yes (CV) Yes
Texas No No** Yes No
W.Va. Yes 30 feet Yes (C) Yes
Wyo. No 120 feet Yes** Yes*
*Zone- or well-specific requirements
*State sets minimum casing lengths but not levels below water tables

**Well-specific depths

*N.Y. regulations were being developed when RFF report was prepared.

**Specific chemicals subject to regulation

V: Volume only

C: Concentrations only

CV: Both

*Required only under certain conditions
North Dakota currently has 20 field inspectors for 7,188 producing oil and gas wells, or 359 wells per inspector. The department has funding for two more positions now, and when the number of wells reaches 9,300, another three inspectors can be hired, for a total of 25. That would be an average of 372 wells per inspector.

Pennsylvania, by comparison, has 83 inspectors for its 32,035 producing oil and gas wells. That is about 386 wells per inspector.

So, where does Oklahoma fall in line? With the many caveats to the Sooner State's well count, it is hard to say. But using the annual report figure of 190,000 active wells and 58 inspectors -- statistical shortcomings aside -- the state would have roughly 3,276 oil and gas wells per inspector.

That's not unheard of. New Mexico has 12 field compliance officers for 51,472 active oil and gas wells, or more than 4,000 wells per inspector, according to data provided by the state Energy, Minerals and Natural Resources Department.

But without more precise and updated numbers in Oklahoma, for example, the wells-per-inspector figure is no more than a rough guess. Skinner, the spokesman, says the comparison is flimsy anyway, because Oklahoma wells vary dramatically in frequency of inspection.

"Some wells are inspected every month because of issues," he said. "Others may go much longer between inspections, and whether they are in active production is only one variable in determining how often they are inspected."

Similar variances exist in Texas. The state has 245,893 producing oil and gas wells and 153 oil and gas inspectors. That would be 1,607 wells per inspector. But Gaye Greever McElwain, spokeswoman for the regulating agency, the Texas Railroad Commission, explains that inspections are scheduled for oil and gas leases, not individual wells. Gas leases hold one well each, but oil leases can hold many. In 2011, Texas inspectors conducted about 115,000 field inspections.

Fraught calculations?

Are wells-per-inspector ratios inherently fraught with inconsistencies, or is there a better way? That's part of a broader question regulators, industry and observers have struggled with for years.

"How do you measure the effectiveness of a state regulatory program on the ground where the rubber hits the road?" asked Ohio Oil and Gas Association President Tom Stewart, who is also vice chairman of the State Review of Oil and Natural Gas Environmental Regulations, or STRONGER.

Another frequently used metric is the number of violations a state issues during a given year of oil and gas regulation. But that comes with its own share of problems, as some debate whether more citations is indicative of vigilant regulators or of a reckless industry. Plus, the states differ greatly in how they issue, track and classify violations, making state-to-state comparisons even further from reach (Greenwire, Dec. 14, 2011).

"So, the number of inspectors you have out there -- it depends on the characteristics of your state's oil and gas program," Stewart said.

It also depends on the characteristics of the well. Older wells and low-producing wells don't need as much attention from inspectors, Stewart argues. In Ohio, for example, there are a multitude of wells that generate just, say, 3,000 cubic feet of gas a day.

"Should you have someone go out and look at that every day? Is that worthwhile and in the public interest?" he asked. "I would say no.

"In Ohio, the regulatory agency's time is better spent looking at how a well's being drilled in the front year of a well's life," Stewart added.

But the stakes are different in other states, he said. In Alaska, for example, wells draw from massive reservoirs of gas and oil. There, a single well might be a higher priority.

Stewart summed it up: "It's been a very interesting debate over the years."

Strong litmus tests or not, inspection statistics will likely remain visible indicators of the strength of states' oil and gas regulation. Just last week in New York, environmentalists expressed outrage at Steinzor's Earthworks report showing that the state's inspectors examined a quarter of active, traditional wells in 2010. If a state moratorium on hydraulic fracturing and horizontal drilling is lifted, industry critics argue, the oversight will fall further behind.

"No matter how strong the statutory or regulatory standards for oil and gas development, inadequate enforcement of those standards guarantees irresponsible development," Earthworks wrote in the report.

Steinzor acknowledges that states have limited resources for the effort.

"A lot of these regulatory agencies are very strapped," she said last week. "But they're not keeping up with the expansion of the industry. Some states have just not made the investment to convert to databases and tracking."

And assessing enforcement depends on reliable data.

"No one's minding the store really anywhere," Steinzor said. "There's a lot happening on the ground, which either never gets inspected or recorded, or both."