W.Va. Official Signs Emergency Marcellus Rule

- W.Va. Official Signs Emergency Marcellus Rule

Tuesday, August 30, 2011
Knight Ridder/Tribune Business News
by Mannix Porterfield, The Register-Herald, Beckley, W.Va.

While legislators toil on something permanent and vastly more comprehensive, Secretary of State Natalie Tennant signed an emergency rule Monday regulating Marcellus shale natural gas.

Two specific meetings are planned during Sept. 12-14 interims by a select panel formed by the Joint Committee on Government and Finance, and a co-chairman says he expects to see the final amendments put to a vote.

Legislation bogged down in the final night of the regular session March 13, but acting Gov. Earl Ray Tomblin recently produced an emergency rule that Tennant said didn't reach her office until about a week ago.

"I am disappointed this matter took so long to resolve," the secretary said after signing the rule.

"This is a huge development opportunity that would diversify West Virginia's economy that has to be done promptly and responsibly."

If the Legislature fails to provide a permanent rule within 15 months, the emergency rules will expire under state law.

Tennant had 42 days to approve or deny the filing by the Department of Environmental Protection and said she signed it in the belief there should be no further delay for the industry. The DEP is scheduled to file a permanent rule Sept. 8, allowing a 30-day public comment period. All comments are to be posted on the secretary of state's Web site.

"I recognize there will be differing opinions about this rule, but I remind all those concerned that I can legally only approve the filing of the emergency rule or leave the process regulated in its current manner," she said.

Marcellus shale was put on the back burner this month in back-to-back special sessions, giving the Legislature an opportunity to smooth out legal obstacles in a controversial House of Delegates redistricting plan.

A co-chairman of the select panel, Sen. Doug Facemire, D-Braxton, expects at least 13 amendments to be debated when members convene Sept. 12 and again two days later during next month's interims session.

"I'm confident we can probably finish this up in our September interims and have it ready to go back to our respective bodies and see if we can sell it to them," Facemire said in a recent interview.

Facemire said the panel is focusing on three major goals in seeking a workable piece of legislation -- protecting the environment, safeguarding the rights of surface owners, and giving the fledgling industry room in which to operate.

(c)2011 The Register-Herald (Beckley, W.Va.). Distributed by MCT Information Services.

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Government Tries to Clarify Offshore Drilling Rules

Government Tries to Clarify Offshore Drilling Rules

Tuesday, March 29, 2011
Houston Chronicle

by  Jennifer A. Dlouhy

 

The federal government on Monday issued a five-page memo meant to clarify rules for offshore drilling, in response to oil and gas industry complaints that new mandates imposed since last year's Gulf spill are muddled.

The federal Bureau of Ocean Energy Management, Regulation and Enforcement also said it would reopen a public comment period to help guide the agency's possible rewrite of a drilling safety rule put in place last October.

"Our goal remains the same as it has been from day one: to ensure that offshore operations are conducted as safely as possible," said Michael Bromwich, the bureau's director. "This guidance document gives deep-water drilling operators additional information to help address some of the recurring issues that have been raised in our ongoing discussions with industry."

The document covers several areas but focuses on a major source of industry complaints: confusion about the wording of the October offshore drilling safety rule. That measure adopted two sets of recommended practices for emergency equipment and well design that had been developed by the American Petroleum Institute.

The problem was that instead of rewriting those mandates in their own words, government regulators simply referenced API documents and specified that any time the API recommended practices said "should" it now meant "must" under the interim drilling safety rule.

Industry representatives complained that the changes affected more than 14,000 discretionary provisions in 80 different standards, and in some cases, those new requirements were conflicting.

For instance, API's recommended well construction practices sometimes offer operators an array of options that might make sense, but the language of the rule seemed to make all of those options mandatory.

"There are areas where it says you should do this or you should do that," said Al Reese Jr., the chief operating officer of Houston-based ATP Oil & Gas. "But I can't turn left and turn right at the same time."

His company navigated the process and received a permit to resume a deep-water pro-ject in the Gulf of Mexico.

A positive step

The new guidance document clarifies that operators are allowed to select "any of the appropriate options," without getting special permission from the bureau.

It also suggests that oil and gas companies maintain documentation demonstrating they evaluated the recommended practices, even when the government's rule doesn't make them mandatory.

Erik Milito, the upstream director at the American Petroleum Institute, called the announcement a positive step.

"Ensuring a clear, consistent and efficient process for offshore regulatory requirements and for approvals of permits is a crucial component to steadily increasing offshore production," he said.

'Departure documents'

With Monday's memo, the ocean energy bureau also formalized a process it has used in approving six deep-water drilling projects in the Gulf of Mexico -- "departure documents" that specify how individual operators are not strictly following the API recommended practices incorporated in the drilling safety rule.

The ocean energy bureau said that whenever oil companies intend to deviate from the recommended practices incorporated in the rule, they must get approval to use alternate procedures or equipment.

The bureau said that it is evaluating potential revisions to the drilling safety rule "in light of comments received from the public and other considerations."

The government said that it will reopen the public comment period, probably within a month, giving people another chance to tell the bureau what works and what doesn't.

Any rewrite of the rule would take months, or longer.

ExxonMobil Gets BOEMRE Nod for GOM Deepwater Drilling Permit

Tuesday, March 22, 2011

The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) approved a fourth deepwater drilling permit that complies with rigorous new safety standards implemented in the wake of the Deepwater Horizon explosion and resulting oil spill. This includes satisfying the requirement to demonstrate the capacity to contain a subsea blowout. The approved permit is a revised permit to drill a new well for ExxonMobil's Well #3 in Keathley Canyon Block 919 in 6,941 ft. water depth, approximately 240 miles off the Louisiana coastline, south of Lafayette, La. This is the first permit approved that designates the Marine Well Containment Company (MWCC) containment system as its containment solution.

"Today's permit approval is the fourth to be approved in the month since the industry confirmed its capability to contain a deepwater loss of well control and blowout. We will continue to review and approve applications that demonstrate the ability to operate safely in deep water," said BOEMRE Director Michael R. Bromwich. "As we have seen, the rate of deepwater permit applications is increasing, which reflects growing confidence in the industry that it understands and can comply with the applicable requirements, including the containment requirement. We expect additional permit approvals in the near future."

ExxonMobil's Well #3 is a new well. The operator had a rig on-location and an approved Permit to Drill a New Well when activities were suspended due to the temporary drilling suspensions imposed following the Deepwater Horizon oil spill.

ExxonMobil has contracted with the MWCC to use its capping stack to stop the flow of oil should a well control event occur. As part of its approval process, the bureau reviewed ExxonMobil's containment capability available for the specific well proposed in the permit application and confirmed that the capabilities of the capping stack met the requirements specific to the proposed well's characteristics.

BOEMRE has worked diligently to help industry adapt to and comply with new, rigorous safety practices. These standards ensure that oil and gas development continues, while also incorporating key lessons learned from the Deepwater Horizon oil spill. This new permit meets the new safety regulations and information requirements in Notices to Lessees (NTL) N06 and N10, and the Interim Final Safety Rule.

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