WVEC Action Alert

March 4, 2010

URGENT: PUBLIC HEARING on Marcellus Shale “Water Bill”!!

The Senate Natural Resources Committee will hold a PUBLIC HEARING – Monday, March 8th at 1:00 PM on HB 4513, the Marcellus Shale Water Bill.

The House of Delegates passed the bill Wednesday.  It has been referred to both Natural Resources Committee and Energy, Industry and Mining (EIM) Committee in the Senate.

The Natural Resources Committee Public Hearing will be held in the Senate Judiciary Room. 208 West.

We hope many of you will attend the PUBLIC HEARING.  And we ask all of you to contact your Senators on the Natural Resources Committee and ask them to SUPPORT this important bill.

HB 4513 – The Marcellus Shale “water bill” – was passed out of the House of Delegates today and referred to Senate Natural Resources and Senate Energy, Industry & Mining (EIM).  It first goes to Sen. Natural Resources.

This bill was drafted with input from both the WV Environmental Council and representatives from the Oil & Gas industry.

It’s a good start at regulating withdrawal of water for drilling and fracturing these Marcellus shale wells.  The bill also contains regulations requiring identification of the contents of frac fluids – and sets up a system for tracking the disposal of those fluids.

Talking points are included below.

The best way to reach your Senators: 

●Call the capitol toll free: (877)-565-3447 – you can leave a voice mail message for your particular Senator.  It will go directly to their office.

●Visit the capitol website: http://www.legis.state.wv.us
You can locate your Senators easily, and leave your e-mail message for them. 

Fast way:  plug in your zip-code; click on contact – (your particular representatives contact information will appear).

Here are the capitol phone numbers for Senate Natural Resources:

Sen. John Pat Fanning (D-McDowell), Chair:  (304) 357-7867
Sen. William Laird (D-Fayette), Vice Chair:  (304) 357-7849
Sen. Edwin Bowman (D-Hancock): (304) 357-7918
Sen. Larry Edgell (D-Wetzel): (304) 357-7827
Sen. Douglas Facemire (D-Braxton): (304) 357-7845
Sen. Walt Helmick (D-Pocahontas): (304) 357-7980
Sen. Brooks McCabe (D-Kanawha): (304) 357-7990
Sen. Roman Prezioso (D-Marion): (304) 357-7961
Sen. John Unger (D-Berkeley): (304) 357-7933
Sen. Randy White (D-Webster): (304) 357-7906
Sen. Clark Barnes (R-Randolph): (304) 357-7973
Sen. Frank Deem (R-Wood): (304) 357-7970
Sen. Karen Facemyer (R-Jackson): (304) 357-7855

HB 4513 establishes minimum reporting requirements for the drilling and fracturing of Marcellus Shale gas wells. These requirements are necessary in order to protect rivers and streams from becoming dewatered by stream withdrawals or contaminated by disposal of wastewater produced in the drilling and fracturing process.

The bill would require that prior to drilling, fracturing or stimulating Marcellus Shale gas wells that use large volume fracs, operators must submit the following information to WV DEP’s Office of Oil and Gas:

• Type of water source (surface, underground or groundwater) and county of origin
• GPS data of withdrawal location
• Anticipated volume of each withdrawal
• Anticipated months when water withdrawals will be made
• Planned management and/or disposition of wastewater
• Additives to frac fluids and material data safety sheets

For surface water withdrawals, a water resources protection plan that includes the above information, and measures to be taken to allow the state to manage water quantity. The Plan must include the following:

• Current designated and existing water uses, including public water intakes within one mile downstream
• Demonstration of sufficient instream flow immediately downstream
• Use of the DEP Water Use Guidance Tool as a measurement of flow
• Measures to protect fish

Further, the bill mandates that operators keep records of their handling of frac water, including the quantity of flowback water, the quantity of produced water, and the method of disposal of flowback and produced water.

For disposal of these waste waters, operators must keep records of the quantity of all water transported to disposal facilities, the collection and disposal locations of all waste water, and the name of the water hauler.