WVU BENJAMIN M. STATLER COLLEGE OF ENGINEERING AND MINERAL RESOURCES
rcellus Shale
dscape construction and perennial streams, wetlands, or lakes; naturally reproducing trout streams, public water intakes, and water wells; or the nearest dwelling in existence when the application was filed.
Q: Are there well construction standards that companies are required to follow? A: Well construction standards vary from state to state, but each state does maintain standards by law, rule, policy, or guidance.
Q: What role do state and local regulatory agencies play and how have communities dealt with this? A: Pennsylvania and Ohio both have some type of “preemption” statutory language banning local regulation of certain oil and gas activities. In Pennsylvania, however, the law is uncertain due to recent court decisions. Communities there are passing zoning, safety, and health ordinances to stop development, and, in many cases, these ordinances are being challenged.
West Virginia has no explicit statutory preemption language; however, a local ordinance banning hydraulic fracturing within one mile of Morgantown was recently overturned as an improper intrusion upon the state DEP’s jurisdiction. Q: After the well is drilled and the gas extracted, what are drilling companies required to do when it comes to well site restoration? A: All states regulate restoration. In West Virginia, wells must be reclaimed within six months of drilling; however, partial reclamation is permitted for multi-well pads to allow for additional well development. Full reclamation on multi-well pads must occur within six months of the final well, but not later than six months after the five-year anniversary of pad construction. Q: Are there any bills in the federal pipeline that may affect drilling in the future? A: The proposed FRAC Act would remove the SDWA exemption and require an Underground Injection Control permit for fracturing. Further, it would require disclosure of fracking constituents. Some states, including West Virginia, have already passed such disclosure laws. Proposed or anticipated are EPA rules under the Clean Air Act, the Clean Water Act, and the Toxic Substances and Control Act relating to air emissions, pretreatment standards for wastewater delivered to Publicly Owned Treatment Works, and disclosure of frack contents.
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Volume 8 Issue 1
Q: Is fracking exempt from federal regulations? A: Since the early 1970s, the process of injecting fluids into the ground for fracking has been exempt, by practice, policy, or rule, from Underground Injection Control permitting under the federal Safe Drinking Water Act (SDWA). This exemption was expressly contained in the 2005 National Energy Policy Act. Oil and gas exploration wastes are also exempt from the hazardous waste definition under the Resource Conservation and Recovery Act. However, the discharge of wastes to surface waters, air emissions from well sites, and improper handling/disposal of wastes are all subject to federal regulation if a spill, discharge, or disposal occurs without proper authorization.
BY MARY C. DILLON
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