Posts Tagged ‘Times Leader staff writer’

Holdouts wonder if someday they’ll be forced to enter into natural-gas leases.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

With more than 150 acres between her and her parents, Maria Rinehimer’s family could stand to make a tidy profit off natural-gas leasing. But their banker won’t need to worry about clearing out room in the vault any time soon – the family’s not interested.

“I think it’s a really bad thing for the area. If something happens, like a spill or something, I don’t think they’re going to clean it up for us. I think we’re going to be stuck with it,” Rinehimer said.

In Union Township near Shickshinny Lake, Rinehimer, her husband, Kevin, and her side of the family, the Scalzos, sit squarely within the current area of focus for the two gas companies partnering on drilling activities in the county.

The family’s aversion to leasing highlights several growing issues with increased drilling in the Marcellus Shale.

First, residents of northern Pennsylvania, who’ve long harbored suspicion of wealthy interests exploiting local resources such as coal and trees, question whether gas companies can be trusted on the face value of their assurances or if they’re just another chapter in the sad litany of robber barons.

And second, will people who don’t want to lease be forced to if everyone around them is? It’s a practice called “forced pooling,” and while it’s not yet legal in Pennsylvania’s Marcellus Shale, there is a bill in the state House, according to Tom Murphy, an educator with the Lycoming County Penn State Cooperative Extension.

“That would make everything in the Marcellus and below fall in the forced pooling scenario, but at this moment it has not been passed,” he said.

The practice, which is legal in New York, is defended as a way to reduce land disturbance by maximizing the area each well drains.

House Bill 977 – which is cosponsored by, among others, Reps. Karen Boback, R-Harveys Lake, Phyllis Mundy, D-Kingston and Jim Wansacz, D-Old Forge – has been sitting in committee since March.

Rinehimer attended a September meeting held by WhitMar Exploration Co., which later teamed with EnCana Oil and Gas (USA) Inc. to propose three wells in northern Luzerne County.

“He (a company representative) kind of went around the answer, and didn’t really go right ahead and say if something does happen to your water system and you can’t drink it … they’re going to clean it up for you,” she said. “Nothing was really clear.”

EnCana’s is sensitive to the issue, company spokesman Doug Hock said.

Its policy in this area is to monitor all water supplies within a mile of wells before and after the drilling occurs. The company cases wells with several layers and pressure tests, he said, ensuring the integrity of each well.

“If there were a loss of fluid or a loss of gas, we would know through that pressuring testing process,” he said.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

At issue is tapping into Marcellus Shale in Fairmount and Lake townships.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

WILKES-BARRE – After more than two hours of testimony on Tuesday night that mostly didn’t address the issues before the board, the Luzerne County Zoning Hearing Board unanimously approved temporary permits and special exception uses to develop natural-gas drilling sites in Fairmount and Lake townships, among the first in the county.

The board, however, placed several caveats on the approvals, including bonding for all roads used, sound and light control measures, and a prohibition on controlling dust on roads with water contaminated from the drilling process.

The two sites are located in municipalities that don’t have zoning boards, which is why the county board was involved.

In Lake, the site is on two properties on Zosh Road owned by Edward Farrell and Daniel Chorba. In Fairmount, the property just off state Route 118 east of Mossville Road and behind the Ricketts Glen Hotel is owned by Edward Buda.

The 12-month temporary permits will allow the well drilling and the storage of water used therein. The special exceptions allow the permanent existence of the well pad at the sites.

At least 50 people attended the hearing, speaking fervently both for and against the expansion of Marcellus Shale gas drilling into Luzerne County. However, board solicitor Stephen Menn warned throughout that most of those issues weren’t before the board.

“This board has very limited rights about what it can do with regards to gas and oil drilling,” he prefaced. “Your concerns are misdirected to us. They should be directed to your legislators.”

Board member Tony Palischak, who is involved with conservation groups, voiced concerns about drilling. “We’re a little skeptical because of all the hair-raising things,” he said, that have been reported in other drilling areas, including Dimock Township in Susquehanna County. A driller there has been fined and cited repeatedly for environmental abuses.

However, he approved the uses. “We have no alternative,” he said afterward. “It’s up to (the state Department of Environmental Protection) and (the state Department of Conservation and Natural Resources) to take it from here.”

Still, objectors from as far as Bethlehem noted water and air pollution concerns, along with damage to roads and congestion.

Others welcomed the economic opportunities, and at least one, Charles Kohl, was swayed when the Denver-based companies, WhitMar Exploration Co. and EnCana Oil and Gas (USA) Inc., announced their interest in leasing all properties in those townships.

The companies are also proposing a site in Lehman Township, which has its own zoning board.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

PennEnvironment group wants to ensure water, land isn’t damaged by natural gas exploration.

CBy Rory Sweeneyrsweeney@timesleader.com
Staff Writer

According to a state environmental advocacy group, Pennsylvania needs to do more to ensure that gas drilling creating profits today won’t end up like the coal mining of yesterday that left a costly environmental legacy for the next generation.

In a recent report, PennEnvironment outlined various changes it recommends to the state’s approach to the drilling industry.

They include: strengthening clean-water laws and regulatory tools; making sensitive public lands off limits to drilling and instituting a severance tax on the extracted gas.

“I think we’ve leased out too much state forest land,” said state Rep. Greg Vitali, D-Delaware County, who attended a teleconference last week.

He added that it’s “irresponsible” to lease more until the production is taxed.

“It’s only political influence … that’s kept the Marcellus Shale from being taxed,” he said.

He hoped to get such a tax in the next state budget cycle.

At issue is how to best oversee the increased drilling in the gas-laden shale, which is about a mile underground throughout much of northern and western Pennsylvania. While the state Department of Environmental Protection has promised increased oversight, a rash of issues at various drilling sites has residents concerned that companies will strip out the gas and leave pollution in their wake.

The report lists various regulatory changes PennEnvironment believes would minimize the potential realization of those fears.

“We disagree with the idea that dilution is the solution,” said Brady Russell of the Clean Water Action organization.

He suggested that drilling companies should foot the estimated $300 bill for landowners to get baseline water testing before drilling begins because it can be difficult for landowners to find that money.

The report also calls for better right-to-know laws to force drillers to release the kinds and amounts of chemicals they use and account for the water they consume, while providing for public input that includes allowing health officials opportunities to review proposed permits.

The report also suggests rewriting the municipal code to give local officials primacy over state law for siting wells, which would overrule a recent state Supreme Court decision.

Regarding regulations, the report suggests expanding buffer zones around streams where drilling is prohibited and account for cumulative impacts of drilling when considering additional well permits.

The report calls for banning wastewater discharge to publicly owned treatment works and requiring recycling and reuse of all flow-back wastewater, while setting zero-discharge limits at treatment facilities.

While the report doesn’t address the threat of concentrating naturally radioactive refuse from the drilling process – an issue of concern in New York as the state considers regulations for drilling – Erika Staaf of PennEnvironment said the issue hasn’t come up in Pennsylvania because it doesn’t seem that anyone has tested for it yet.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

State wastewater regulations for natural gas drilling may change to reduce pollution threat.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

Anyone concerned with pollution threats from increased natural gas drilling in Pennsylvania has likely encountered the phrase, “total dissolved solids” and recognizes its potential to be a problem.

However, fewer no doubt know how it can become a problem or that – because of issues emerging from the increased drilling – the state Department of Environmental Protection is considering changes to wastewater discharge standards for TDS that would become effective Jan. 1, 2011.

DEP is seeking public comment on the proposals, and citizens have until Feb. 5 to make them. Earlier this month, Penn State University released a document to help people understand the issues and participate in the process.

Rather than a specific chemical, TDS is a measurement of all dissolved matter – such as minerals, salts and metals – in a given water sample and can be naturally occurring. The federal safe drinking-water standard has a recommended level of 500 milligrams per liter for TDS, but no specific regulation. However, concentrations above that can damage treatment equipment and be toxic to aquatic life and people who drink it.

DEP is proposing the changes, which would limit the TDS levels in wastewater discharges, because it determined that some state waterways, including the West Branch of the Susquehanna River, don’t have the ability to absorb increased levels of TDS.

According to the Penn State report, most of the water used to prepare gas wells – often called “frack water” – is between 800 milligrams per liter and 300,000 milligrams per liter.

The industry estimates the amount of such high-TDS wastewater needing disposal in Pennsylvania will increase from about 9 million gallons per day in 2009 to nearly 20 million gallons per day by 2011, the report said.

DEP’s proposal would change two parts of state code.

First, it would require high-TDS discharges to be diluted to at least 500 milligrams per liter, plus lower thresholds for sulfates and chlorides and, for the oil and gas industry, limits of 10 milligrams per liter for strontium and barium.

Second, it would change water-quality standards for the actual waterway, which would, in turn, affect what could be discharged into it. That regulation change hasn’t yet been officially proposed.

To comment on the proposed rules, the Penn State report recommends several approaches: be specific in citing documents or the target of the comment, stick to comments on the proposed rule rather than water-quality in general, include personal experiences and note where the proposed rules are written unclearly.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Authority soliciting proposals now to raise money for upgraded pollution controls.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

The Wyoming Valley Sanitary Authority is investigating the feasibility of treating wastewater created from natural-gas drilling.

It hopes to offset some cost increases the authority will soon incur to make pollution-reducing renovations.

The authority published a request for proposals earlier this week, seeking bidders who could supply at least 500,000 gallons of wastewater daily for at least three years and pay at least 5.5 cents per gallon. Using both minimums, that would create daily revenue of $27,500.

Drilling for gas in the Marcellus Shale creates millions of gallons of wastewater that must be treated.

“The good part of that is that, instead of paying for fresh water from the Susquehanna (River), we would pre-treat this and they would reuse that to fracture new wells,” said Fred DeSanto, the authority’s executive director. “We know drilling’s going on; we are a wastewater treatment facility. That’s our business to treat it. We just don’t want time to go by as there’s water to treat.”

That means that, for now, the plant is seeking a permit from the state Department of Environmental Protection to treat up to 150,000 gallons per day in its sewage stream. The company, however, is reserving the right to inspect for pollutants in incoming drilling wastewater.

It requires pre-testing for “total dissolved solids” and “suspended solids” – generally a measure of the amount of minerals and chemicals in the water – and reserves the right to deny it.

DeSanto said that protects the authority’s equipment, which would “probably” be damaged by heavy loads of solids.

All testing and transportation costs would be paid by the drilling company, which also must carry $2 million in liability insurance, indemnify the authority from all risks associated with hauling the waste and provide a “blanket statement” that it isn’t “hazardous waste.”

The long-term goal is to build a million-gallon-per-day, closed-loop facility to “pre-treat” the water enough that it could be reused in industrial capacities and resell it to the companies that brought it in.In its bid request, the authority is looking to get at least half a cent per gallon for that water. That water would never touch the sewer operation or be discharged into the river.

“It’s the preferred method of disposal by DEP,” said John Minora, the president PA NE Aqua Resources, which is consulting on the project. “We’re left with a sludge cake that gets either landfilled or incinerated. … The water that’s left, it looks a little milky because it’s high in salt.”

That waste could then be mixed with effluent from the plant’s sewer operation to reduce solids levels, thus preventing more discharges to the river, he said. As pollution discharge credits, which would set a limit for how much facilities can discharge, become a reality, the reduced discharges could provide more revenue.

“I think the people who are environmental should be very happy about that,” Minora said. “Recycle and reuse, I don’t think it has to be an us-against-them” situation.

The revenue would go toward the millions the authority will have to spend to upgrade its system for upcoming requirements to reduce pollution in the Chesapeake Bay and to fix stormwater overflows that currently spill untreated sewage into the river whenever it rains heavily.

Potential revenues are “unknown right now because we don’t exactly what the treatment cost is going to be,” DeSanto said. “We feel that there’s enough there that we could make a profit to help our operating budget in the future, help our ratepayers.”

Bids are due by Nov. 16.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Chesapeake Energy explains protections it practices during drilling for natural gas.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

PLAINS TWP. – As negative issues arise related to natural-gas drilling in the Marcellus Shale, at least one company is being careful to keep residents informed about the industry’s benefits and distance itself from concerns.

Speaking on Thursday at the “Executive Management Breakfast Series” put on by Penn State Wilkes-Barre, a spokesman for Chesapeake Energy detailed the environmental protections his company uses when drilling and outlined the positive economic effect the industry has had in Pennsylvania.

Chesapeake has paid out $700 million to landowners since 2008, along with $100 million to contractors in the state and $500,000 to community projects in 2009, according to Brian Grove, the director of corporate development for the company’s eastern division.

But the growth – a plan for 200 more wells in 2010 – isn’t at the expense of precautions, he said. Wells receive five layers of protection from ground water, he said, and “all of the chemicals (used in the hydraulic fracturing process) are stuff you will find in your home.”

The statement comes weeks after driller Cabot Oil and Gas was fined by the state Department of Environmental Protection for spilling fluids that contaminated a nearby wetland and a day after the department announced another fine against Cabot and ordered that alternative water supplies be provided to Susquehanna County residents whose water wells have been contaminated with methane.

“Certainly, when an operation isn’t meeting the regulations laid out by the state, it doesn’t reflect well on the industry,” Grove acknowledged, adding that Chesapeake is striving to remain free of such image-tarnishing incidents.

At least one of Chesapeake’s operating practices impressed Mary Felley, the executive director at Countryside Conservancy in La Plume, for its environmental protection beyond state regulations. Drillers must collect water contaminated by drilling activities, but they’re only required to store it in open-air pits. When Grove noted that Chesapeake stores all of it in closed containers, Felley complimented the company on its additional protections.

Grove also assured members of the Wyoming County Landowners Group whose land rights are confirmed will be receiving the full up-front payments the group negotiated, which was a particular concern for Marisa Litwinsky, a financial advisor with Merrill Lynch. Group members and others who have recently signed with Chesapeake have worried that the driller might back out on paying the balance of those deals.

“We’re committed to” the land group, Grove assured. “Anyone who’s got a good title, they’re going to have a lease.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Law will restrict gas wells to specific areas

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

There’s no natural-gas drilling in Dallas, but that’s not stopping the borough from deciding where it will allow drilling.

As part of the revision of its zoning ordinance, Dallas is adding provisions that would restrict sitting gas wells to areas zoned industrial, highway or business. It would also designate distance setbacks from residences, waterways, streets and wetlands.

The proactive stance is putting Dallas at the forefront of what could become a major issue as drilling in the Marcellus Shale increases.

“You’re talking about a very fundamental conflict between the municipal regulation of land use and the ability of landowner to access land rights,” said Stephen Rhoads, the president of the Pennsylvania Oil & Gas Association. “You could think of this in terms of taking.”

“Taking” is illegally blocking someone’s access to the point of essentially denying their rights. Eventually, it will find its way to court, Rhoads said, though he wouldn’t speculate on who would win.

At its meeting on Thursday, the borough’s planning commission recommended the borough council vote on the revisions.

“The main point is that we were already going through a revision … so we thought it would be proactive to include something that reflects what’s going on in the Back Mountain these days,” Borough Manager Tracey Carr said.

The ordinance would also require drillers to identify roads they plan to use, pay for an engineer to document the roads’ conditions and be responsible for maintenance and repair.

With a flurry of lease signings lately, gas drilling has become a hot topic in the county. Drillers are flocking to the area to tap the Marcellus Shale, a layer of gas-laden rock about a mile underground that stretches from New York to Virginia. Its huge size – and economic potential – has been known for years, but technology only recently caught up to access it.

Despite industry innovations such as horizontal drilling that allow wells to access gas pockets up to a mile away, Rhoads said having versatility in well sites makes “a difference because it depends how much surface area is put off limits. You can’t just put a well site on the edge of town and drill from one well site and get every possible molecule of gas.”

Carr said the provisions aren’t meant to keep drilling out of any areas, “just where would be most appropriate if it was to take place.”

Rhoads said such actions can harm landowners. “The geology will dictate where the well (should be) located – not zoning – and if there’s a conflict between zoning and geology, the geology loses,” he said. “You’re effectively telling me that my oil and gas property is worthless if you zone my surface property in such a way that I can’t gain access to it.”

On the scale of issues facing the industry – including access to water for gas extraction, disposal options for waste and a proposed state severance tax – Rhoads called zoning “a major issue.”

But for Carr and the borough she manages, it’s just being efficient and responsible. “This is actually a very small part of what we’re doing,” she said, noting that the borough’s consultant on the revision suggested adding the drilling provisions.

The proposed ordinance must go through a public hearing and likely won’t be addressed by the council until November or December, she said. There have been no complaints so far, she said, “but we haven’t had the public hearing yet, either.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Luzerne County property owners hope to have their own deal by year’s end.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

Lease signing begins today for members of the Wyoming County Landowners group who have accepted a gas-drilling offer from Chesapeake Energy.

The signings could foreshadow what other local landowners are hoping comes to them soon. The South West Ross Township Property Group and Columbia County Land Owners Coalition confirmed on Friday that they, too, are in talks with Chesapeake.

The Columbia group, which represents roughly 80,000 acres in Columbia, Luzerne, Sullivan and Lycoming counties, hopes to complete a deal before the end of the year, according to an e-mail sent out to its membership.

The Ross Township group, which includes roughly 10,000 acres around Ross Township, is affiliated with the Columbia group, but also making its own discussions with Chesapeake, said Ken Long, a member of the group’s executive committee.

Group leaders expect monetary terms to be similar to the one Chesapeake offered to the Wyoming group: a five-year lease at 20-percent royalties, plus a $5,750-per-acre sign-up bonus. It includes a five-year option Chesapeake could exercise for another $5,750 per acre.

But other recent events with drillers locally could foreshadow what landowner hope to never see. The state Department of Environmental Protection issued a notice of violation to Cabot Oil and Gas Corp. for a gas spill earlier this week and ordered the company to cease hydraulic fracturing in Susquehanna County until it had completed a comprehensive engineering assessment and updated its pollution-prevention plans.

The company is currently drilling seven new wells in the county that will require fracking, which forces water, sand and chemicals into the gas-laden Marcellus Shale to fracture the rock and release the gas.

The company has 21 days to complete the assessment and 14 days to update the plan. Once it’s approved, the company will have 21 days to implement the plan.

The situation is one that landowners like the Wyoming group hope to avert with their in-depth leases. The group has been split alphabetically for this weekend’s signing. Those with surnames beginning with “A” through “L” should show up between 9 a.m. and 7 p.m. on Saturday at the American Legion Post 510 in the village of Black Walnut on U.S. Route 6 between Laceyville and Meshoppen. Everyone else is assigned to between 10 a.m. and 4 p.m. on Sunday. Those who can’t make their assigned day may show up on the other one.

Landowners who can’t make either day should be receiving an e-mail with documents that need to be signed and mailed to Chesapeake. The $1,000-per-acre initial payment will be sent by mail.

On the Web

To sign up property for a gas lease: http://forms.askchesapeake.com/landowner

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Landowners in Wyoming County get some good protections, attorney says.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

The lease that Chesapeake Energy is offering to Wyoming County Landowners group members is clearly a compromise between landowners and the company, according to an experienced gas-law attorney, but includes “many of the protections that we like to see for landowners are built into this lease.”

Dale Tice, an attorney with Williamsport-based Greevy and Associates who has clients in the Wyoming group, characterized the wording in the lease offer as “very competitive with the leases we’ve seen.”

Tice, whose office has gained somewhat of an expertise in gas law since companies began descending on Lycoming County a few years ago, said he usually disapproves of a five-year re-leasing option being available to companies, but noted that it’s “understandable” why Chesapeake would want that because it’s leasing so much land that it will take years to explore the whole area.

He also said that the $20-per-year fee paid if a well is shut off to eliminate production during a bad market “is as good as they’re going to do.”

While Tice declined to identify negatives in the lease and cautioned that his comments shouldn’t be construed as legal advice, he noted several positives: including in-depth wording to limit production-unit sizes, termination of the lease on land that isn’t part of a production unit, the company’s responsibility to pay property-tax rollbacks on Clean and Green properties and mutual written agreement on placement for wells, pipelines and other infrastructure. Additionally, he said, the lease requires that all infrastructure sited on a property must be tied into gas production at the property.

“There’s always somewhat of a question there because, although the gas company and the landowner must mutually agree in writing as to the location, the gas companies always add some language that says lessors can’t be unreasonable” about siting infrastructure, he said.

Though there is no specific reference to siting waste-deposit wells on the properties, “sometimes,” he said, “if they (landowners) don’t give them (drilling companies) the right, they don’t need to take it out, so to speak.”

The lease is “clearly the product of extensive dialogue between the parties,” Tice said. “I think this does a good job of striking a compromise where the landowner has a lot of good protections worked into it.”

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader

Firm with substantial holdings in Luzerne County taking next step toward exploration.

By Rory Sweeneyrsweeney@timesleader.com
Staff Writer

WhitMar Exploration Co., the only gas-drilling company so far to have leased substantially in Luzerne County, plans to begin drilling by the middle or latter part of next year, according to the company’s president.

“Right now, we’re just filing for some permits for two, possibly three wells we want to drill,” said Whit Marvin, who heads the Denver-based company. “We do plan on drilling it and testing it for the Marcellus Shale.”

Throughout 2009, WhitMar has leased more than 22,000 acres in, among other places, Fairmount, Ross, Lake, Lehman, Union, Hunlock, Huntington and Dallas townships with little money upfront by offering landowners a contractual guarantee to begin drilling within two years.

The contract also guaranteed permitting within the first year, and Marvin said that process is on track. The company is filing for drilling and water-consumption permits from the state Department of Environmental Protection and the Susquehanna River Basin Commission, and is looking into any other permits it might need, he said.

From there, the company will negotiate with the individual landowners about siting for the well pads and gaining access to them, he said.

Much of that will be based seismic testing that’s being done, the results of which Marvin expects before the end of the year. “In essence, you’re using ultrasound. You’re looking for anomalies under the surface … that would be attractive to drill into,” he said. “We can make some geologic interpretation, (but) it’s definitely not an exact science.”

A drilling contractor hasn’t been hired yet, he said, but the company has begun work elsewhere in the shale. It has leased “large blocks” in Lycoming, Wayne and Susquehanna counties, as well as in some counties in New York’s southern tier, he said. Of that, wells are being drilled in Chemung County, N.Y., and preparations for drilling are being made in Susquehanna and Lycoming counties, he said.

In Lycoming County, the industry is moving so fast that companies needing and offering services aren’t able to connect, according to Jeffrey Lorson, an industrial technology specialist at the Pennsylvania College of Technology.

For that reason, the college and a group of organizations interested in the industry are sponsoring a business-networking expo today. Lorson, who heads the college’s Marcellus Shale Education & Training Center, said about 130 vendors are scheduled to be at the free-admission event at the Hughesville Fairgrounds.

If you go

What: Business-networking expo for the gas-drilling industry

Where: Hughesville Fairgrounds, Lycoming County

When: Today, 10 a.m. to 3 p.m.

Description: About 130 vendors are meeting to display their goods and services, and to see the goods and services other companies are offering.

Rory Sweeney, a Times Leader staff writer, may be reached at 970-7418.

Copyright: Times Leader