Feds Taking Public Comment On Oil, Gas Leasing Rules Through Sept. 22

The Bureau of Land Management proposes to adjust fees and bonding requirements to keep up with inflation.

The federal Bureau of Land Management is taking public comment on new rules for oil and gas leasing on public lands.

The agency has not updated its oil and gas leasing rules in several decades. In the meantime, the cost of remediating and capping abandoned wells has increased.

The agency proposes to adjust fees and bonding requirements to keep up with inflation.

It also wants to take steps to eliminate non-competitive bid leasing and make oil and gas companies responsible for cleanup rather than taxpayers. The agency is spending $250 million from the Infrastructure Investment and Jobs Act to reclaim abandoned wells nationwide.

According to the West Virginia Rivers Coalition, the rules would apply to the New River Gorge National Park and Preserve and the Monongahela National Forest.

The public can comment on the proposed rules through Sept. 22.

Justice Appoints Preservati As Director Of Energy Office

Preservati is currently vice chair of the state Public Energy Authority and has represented coal, oil and gas and utility companies in legal matters.

Gov. Jim Justice has appointed an energy attorney to lead the state’s Office of Energy.

Justice tapped Nick Preservati, of the Charleston law firm Spilman, Thomas and Battle, as its director.

Preservati is currently vice chair of the state Public Energy Authority and has represented coal, oil and gas and utility companies in legal matters.

He said his office’s mission was to promote the state’s energy resources, including fossil fuels.

“We’ve been tasked, the Office of Energy’s been tasked, by the administration to make sure and ensure that West Virginia becomes and remains not only a national but a global energy power,” he said Wednesday.

Preservati’s term on the Public Energy Authority expires next year on June 30. It wasn’t immediately clear if he would continue to serve on it after his latest appointment.

West Virginia, Surrounding States Get Millions To Cap Oil, Gas Wells

Orphaned wells can contaminate groundwater and release methane, a potent greenhouse gas, into the atmosphere.

The federal government has awarded a round of funding to cap orphaned oil and gas wells in West Virginia.

The U.S. Department of the Interior is sending $25 million to West Virginia, which will be used to address 160 sites.

It’s part of the Infrastructure Investment and Jobs Act, which Congress passed and the president signed last year.

Orphaned wells can contaminate groundwater and release methane, a potent greenhouse gas, into the atmosphere.

West Virginia likely has thousands of them, but the exact number isn’t known.

The federal dollars will help the state identify and clean up additional sites.

Orphaned wells can be costly to fix. On average, it costs $55,000 to cap a well, usually with concrete. Depth is a major factor driving the cost.

Kentucky, Ohio and Pennsylvania also received funding to cap orphaned wells. The states are set to receive even more funding in the coming months.

Manchin: U.S. Should Ban Imports Of Russian Oil To Punish Putin

U.S. Sen. Joe Manchin plans to introduce a bill to ban imports of petroleum products from Russia.

Manchin says lawmakers should take a step that would punish Russia’s Vladimir Putin for waging war in Ukraine: cutting off the import of more than 500,000 barrels of oil a day.

The U.S. is the world’s largest producer of oil and natural gas, with Russia in second.

Manchin says domestic production needs to ramp up to fill the void at home and for U.S. allies in Europe, which depend heavily on Russia for their energy needs.

Manchin plans to introduce a bipartisan bill to curtail those imports and to end the moratorium on oil and gas leasing on federal lands, mostly out west.

Any disruption in the supply could push gasoline prices higher, and drivers are already paying at least a dollar more a gallon than they were a year ago.

“We want to make sure there is no harm to the American public,” Manchin said Wednesday. “And we can prevent that by ramping up our production. We have the ability. We have produced much more than we are producing today, and we can do that again.”

Manchin is chairman of the Senate Energy and Natural Resources Committee.

Transparency, Environmental Concerns Surround Proposal To Barge Oil And Gas Waste On The Ohio River

A proposal to repurpose a docking facility near Marietta, Ohio, to allow for the barging of oil and gas drilling waste on the Ohio River is drawing concern from environmental groups and local residents.

Ohio-based DeepRock Disposal Solutions LLC is seeking approval from the U.S. Army Corps of Engineers Huntington District to operate a barge offloading facility to transfer the waste to existing storage tanks. The proposal indicates the loading facility can accommodate a 300-foot-long barge that is 54 feet wide. 

It is the third barging proposal this year being considered by federal regulators. A proposal near Martins Ferry, Ohio, and one near Portland, Ohio, both to build new barging loading facilities have already been approved. 

Opponents of the projects fear the barges will eventually carry millions of gallons of briny fracking waste laced with radioactive elements as well as other, unknown chemicals. The chemical makeup of fracking fluid is considered proprietary. 

Robin Blakeman, project coordinator with the Ohio Valley Environmental Coalition, said her main concern is the possibility of spills or leaks occurring during loading or unloading of the waste or on the river. She said a spill would threaten both the river’s ecosystems and the drinking water for about 5 million people who draw their tap water from the Ohio River. 

“The proposed facility would involve the transport and handling of enormous amounts of oil and gas waste, which has the possibility of radioactive content and definitely has hazardous components,” she said. “The toxic contents of this oil and gas waste could be huge.”

DeepRock Disposal declined a request for an interview about the nature of the project. 

It’s unclear if oil and gas waste is currently being barged on the river. A spokesperson for the U.S. Coast Guard, which regulates shipping on the river, said the Guard could only provide that information through a records request. The Coast Guard Marine Safety Unit Pittsburgh said no produced water is being transported by vessel in their area of responsibility, which includes a small portion of the Ohio River.

 

Public Meeting Malaise

The Army Corps held a virtual public hearing to discuss the DeepRock proposal at 5 p.m. on Friday, August 7. Participants said the hearing was hard to access. To both hear and see the presentation, commenters needed to both call in and connect online. Statements were limited to two minutes. All 14 participants opposed the project. 

“I will just say that your meeting interface here is terrible,” said Barbara Stewart, who identified herself as a business owner, mother and grandmother from Marietta. “It seems like maybe you guys could have done a Zoom meeting or something that would be more accessible to people because I’m sure there are a lot of people who would like to make a statement here and are not able to under to weave through this entire web of stuff that you have to weave through in order to make a statement.”

In his public testimony, Josh Eisenfeld with Fair Shake Environmental Legal Services, objected to the lack of information provided by the Army Corps. 

“At this point, it is impossible for the Army Corps of Engineers to tell whether it’s acting contrary to public interest because the public does not have enough information to tell the Army Corps whether it believes it’s in their interest or not,” he said. “First of all, what is happening tonight has been stated over and over again, was not clear until the meeting commenced, and still is really not clear.”

Elizabeth Geltman, a professor of public health at the City University of New York School of Public Health, has studied previous attempts to secure permits to barge oil and gas waste on the Ohio River and said there are parallels to the current proposal. 

In 2011, GreenHunter Water LLC sought permission from the Coast Guard to barge fracking waste on the Ohio River. In 2013, the company applied for a permit from the Army Corps to build a barge loading facility. The public flooded both agencies with thousands of comments, largely in opposition to the proposals. In 2016, the Coast Guard announced it would consider future proposals on a case-by-case basis. 

Geltman published a paper in 2017 that evaluated the public’s ability to participate in this previous round of rulemaking and found gaps in the ways the agencies carried out these processes. The Army Corps, she argues, has jurisdiction over a large portion of river infrastructure, but is not as attuned to addressing the environmental concerns that surface when barging facilities propose to handle potentially hazardous waste. 

“They have very, very narrow jurisdiction in terms of what they can and can’t do,” Geltman said. “And so one of the problems that we have is we’re building an overlay on top of historical things that don’t make a lot of sense.”

Unlike some federal agencies, the Army Corps isn’t required to automatically schedule hearings for proposed permits or place notices in the Federal Register. Geltman said that makes it harder for the public to participate and in the case of barging oil and gas waste on the river is problematic. 

 

According to the DeepRock permit proposal, the company does not believe a plan to deal with a possible spill or other disaster is necessary. The permit also does not include a plan to close the facility at the end of its lifespan. Because the dock already exists and no dredging or construction will occur, the Army Corps said a survey of endangered mussel species in the river is not required. 

The comment period for the DeepRock proposal closes Monday, August 17 at 4 p.m. Comments and requests for additional information should be submitted electronically to Kayla Adkins by email at kayla.n.adkins@usace.army.mil.

Comments may also be submitted by mail to: 

United States Army Corps of Engineers, Huntington District

ATTN:  CELRH-RD-N Public Notice:  LRH-2020-293-OHR

502 Eighth Street

Huntington, West Virginia 25701-2070

Coronavirus And Slumping Prices Hit Ohio Valley’s Oil & Gas Sector

Energy producers, utilities and energy sector workers across the Ohio Valley are adjusting operations and bracing for continued economic impacts as the fast-moving coronavirus pandemic continues to unfold.

Efforts to limit the spread of the virus include shuttering schools and businesses and limiting travel, all of which reduce demand for energy. The federal government is moving to stabilize the economy, including a possible bailout for oil and gas producers.

Oil prices fell to their lowest level in 18 years Wednesday as travel restrictions tighten and air travel plunges. Crude was trading at $20.48 Wednesday afternoon. Natural gas prices were causing Appalachian Basin producers anxiety earlier this year while they were hovering near $2. On Wednesday that price fell to about $1.60.

Although it’s hard to nail down an exact number, the natural gas industry supports thousands of jobs across the region and contributes millions of dollars in taxes to state governments. In West Virginia, for example, drillers paid $146 million in severance taxes to the state in 2019. Projections for 2020 are $98 million, according to the state tax department.

Natural gas production in the Appalachian Basin has grown rapidly since 2012 and is projected to grow exponentially over the next few decades.

While West Virginia, Ohio, Kentucky are not major oil-producing regions, drillers in the gas-rich Appalachian Basin do produce oil and are being impacted, said Charlie Burd, executive director of the Independent Oil and Gas Association of West Virginia.

“These falling prices present a challenge for lots of small companies who are already with the low natural gas prices striving to remain viable and in existence,” he said.

Anne Blankenship, head of the West Virginia Oil and Natural Gas Association, agreed lower crude prices tighten the margins for some companies.

“But our members have continually committed to being a big part of West Virginia’s economic present and future,” she said in an email. “They are invested in this state and its communities.”

Falling oil prices are being driven both by shrinking demand due to the coronavirus and the price war between Saudi Arabia and Russia, which flooded the market with cheap crude, said Mark Agerton, an assistant professor at the University of California, Davis who studies energy and resource economics.

He said while drillers in the Marcellus and Utica shale formations will undoubtedly see an impact from lower prices, he believes as big oil-producing regions like the Permian Basin slow oil production, associated gas production there will fall too, which could benefit drillers in the Appalachian Basin.

“That’s going to maybe potentially mean that the Marcellus doesn’t have to ramp down production quite as much,” Agerton said. “The other thing is that with reduced drilling for oil, all of the oilfield services and rigs are going to become available, and those costs for services should come down, which would help cushion someplace like the Marcellus.”

In a press call Wednesday morning, Suzanne Lemieux, manager of operations security and emergency response policy for the national trade group the American Petroleum Institute said the group doesn’t see threats to the broader oil supply chain from the coronavirus outbreak. She added many producers have developed pandemic plans, especially after the 2016 Ebola outbreak.

“A lot of conditions we’re operating under or see in the future are similar to operating under a hurricane or another type of natural disaster,” she said.

Agerton said with the situation changing so rapidly it’s unlikely we yet know the full extent of how the virus will affect both the economy and energy sectors.

On Wednesday, Shell said it will temporarily suspend construction of its ethane cracker in Beaver County, Pennsylvania to prevent the spread of the coronavirus.

Smaller producers, which account for many in the Ohio Valley, may be at risk, Agerton said.

It’s unclear if and what type of measures the federal government could take to help the oil and gas industry. In a letter, the head of the trade group the American Exploration & Production Council encouraged lawmakers to ease requirements under the Jones Act, a federal maritime law that requires goods shipped between U.S. ports to be transported on ships that are American-made, owned, and operated. The administration is also considering purchasing oil for the U.S. Strategic Petroleum Reserve.

Agerton said direct aid to the industry would be purely a political move.

“As far as bailing out the energy sector, I mean, I’m not sure why other than the political advantage,” he said.

Burd, with IOGA WV, said some companies may also benefit from low-interest loans offered by the Small Business Administration, but he’s largely optimistic, at this time, that the industry will be OK.

“We are a resilient industry and we believe everyone will try to maintain all the production wells and I don’t think that’s going to be an issue,” he added.

Utilities Suspend Shutoffs

Across the Ohio Valley, companies that generate and distribute electricity to homes and businesses are also adjusting. Many utilities have announced they will not disconnect customers who cannot pay their bills during the coronavirus crisis.

The Public Utilities Commission of Ohio last week ordered all electric, natural gas, water, wastewater and landline telephone companies to suspend disconnection policies. The Kentucky Public Service Commission issued a similar order Monday, which includes an order to suspend late payment fees for at least 30 days. Regulators in West Virginia are urging utilities to temporarily suspend shutoffs.

Utilities are also taking steps to protect workers.  Aaron Ruegg, a spokesman for FirstEnergy Corp. said some travel is being reconsidered including for workers who were set to help during a planned outage at the Harrison Power Station, located in Haywood, West Virginia.

He said that lineworkers and service technicians have been instructed on measures such as social distancing.

At this time, Ruegg said no measures are being considered to sequester workers at power stations to maintain operations.

That is something Appalachian Power is looking at, said Communications Director Jeri Matheney. She said decisions are being made on a plant-by-plant basis, but no final decisions have been made.

 

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