The West Virginia Department of Environmental Protection (DEP) has filed an emergency rule regarding Marcellus Shale drilling, following through on Gov. Earl Ray Tomblin’s executive order from July mandating regulatory changes.

The DEP filed the eight-page emergency rule, also known as Title 35-8, with the office of Secretary of State Natalie Tennant last Monday. Once the rule is approved by Tennant, the regulatory changes enshrined in it will remain in effect for 15 months, during which time the West Virginia legislature is expected to enact legislation making the changes permanent.

“We must work hard to make sure our efforts to capitalize on opportunities such as the Marcellus Shale are regulated responsibly and done in ways that protect our citizens and the environment,” Tomblin said. “I believe this emergency rule is a key first step to accomplishing that goal, but there is much work to be done.”

DEP spokesman Tom Aluise told NGI that Title 35-8 would also come into effect in 42 days if Tennant took no action on the measure. He added that Title 35-8 would become a legislative rule after it goes out for public comment and is added to the DEP’s agency rule package. That package would then, in turn, be voted on by the legislature in 2012.

Title 35-8 closely mirrors the regulatory changes outlined in Executive Order 4-11, which Tomblin issued on July 12 (see NGI, July 18). Under Title 35-8, natural gas companies seeking well work permits must also submit to the DEP:

Title 35-8 spells out several operational rules to protect water quality. Operators using more than 210,000 gallons of water in a month will be required to record the quantity of flowback and produced water from a well and the method used for their disposal. They must also record the quantity of water transported, collection and delivery locations and the names of water hauling companies.

The rule also requires that drill cuttings and associated mud generated from the larger well sites be disposed of in a solid waste facility approved by the DEP or managed on-site in a manner otherwise approved by the DEP secretary. Well casing and cementing must meet American Petroleum Institute standards, and permit applicants must provide the public at least 30 days notice of their intention to drill.

The DEP announced Thursday that it has started seeking public input on the well site safety plan portion of Title 35-8, as well as the casing and cementing standards. The agency said it would accept public input on the proposals until Sept. 30.

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