West Virginia Governor Earl Ray Tomblin issued Tuesday an executive order implementing several major changes in the state's natural gas drilling rules, including a new rule on water withdrawal.
Gas producers who withdraw more than 210,000 gallons of water a month from West Virginia waters now must file a water-management plan with the state's Department of Environmental Protection, Tomblin said.
He said in a press conference that his order mandates operators who want to develop on the Marcellus Shale formation within the boundaries of a municipality must file a public notice of intent to drill.
A registered profession engineer must certify drilling plans that call for the disturbance of three or more acres and those plans must be filed with the DEP.
Before hydraulic fracturing begins in any gas-bearing formation, drillers must provide a list of additives that will be used in the fracking fluid, Tomblin said. Also, when using water from a public stream, a company must identify the designated and existing uses of that stream.
Calling the order the first step in a long-term plan to ensure responsible development of gas resources, Tomblin said he wanted to assure citizens "that I recognize this emerging segment of the natural gas industry warrants my immediate attention to ensure responsible development."
Tomblin said the executive order's rules are based on the language in bills that a state Senate committee and the DEP introduced earlier this year and that died on the last day of the session. He noted the regulations will be in effect for at least 15 months or until the legislature adopts a bill that revamps the state's current drilling regulations.
