The West Virginia Department of Environmental Protection Monday filed an emergency rule that imposes temporary regulations on the development of the state's Marcellus Shale resources.
Acting Governor Earl Ray Tomblin said in a statement that the rule will become effective after approval by the Secretary of State and remain in effect for 15 months.
The governor urged state lawmakers to develop permanent regulations for horizontal drilling in the gas-rich play. "I believe this emergency rule is a key first step to accomplishing that goal, but there is much work to be done," the governor said in a statement Monday.
The rule adds specific language to the state Office of Oil and Gas regulatory program that requires operators to include an erosion and sediment control plan and a site construction plan. The rule mandates the plans must be certified by a registered professional engineer, and operators must prepare a well site safety plan for well work permit applications involving well sites that disturb three acres or more of surface.
The rule also requires permit applicants submit a water management plan if they intend to use more than 210,000 gallons of water during any one-month period. The water management plan must include information such as the type of water source, anticipated volume of each withdrawal and the anticipated months when withdrawals will be made.
Further, the rule requires drillers list the anticipated additives to be mixed the water used for hydraulic fracturing. It also requires the listing of all the actual additives used to complete the well.
Permit applicants, drilling within the boundaries of any municipality, are also required to place a legal newspaper advertisement in the area where the well is proposed, the rule said. No well work permit will be issued until 30 days notice has been provided to the public.
In addition to permit application requirements, the rule requires operators to comply with record-keeping requirements for the quantity of flowback water from hydraulic fracturing and the method of management or disposal of the flowback. The rule also stipulates that all drill cuttings and drilling mud be disposed of in an approved solid waste facility and adds casing and cementing standards to prevent the migration of gas and other fluids to fresh ground water and coal seams.
