West Virginia A Geothermal Hotspot?

A new report from Southern Methodist University says that there is tremendous geothermal energy potential in West Virginia, principally in the eastern part of the state. Furthermore, it's in a geologically stable area,which means that operations would be less likely to cause the sort of minor earth tremors that stopped a geothermal project in Switzerland.

Any renewable resource that holds the promise for reliable, base load electrical supply is welcome. The wells would have to be fairly deep, but there's a great deal of knowledge of well drilling in the state, thanks to the presence of an innovative oil and gas industry. I'll look forward to hearing more about this.

ORSANCO Passses on TDS Criterion; Adopts Variance From Mixing Zone Prohibition

The Ohio River Valley Water Sanitation Compact (ORSANCO) has approved changes to its Pollution Control Standards at a meeting held late last week. They include specification of design flows to be used for setting permit limits to protect human health criteria (the 7Q10 for noncarcinogens; the harmonic mean flow for carcinogens), and a provision to allow consideration of variances to mixing zone requirements. This latter was in response to requests by industry for relief from ORSANCO’s prohibition of mixing zones for bioaccumulatives, such as mercury, which resulted in discharge limits that were more stringent than could be met with current technology.

The proposed adoption of a total dissolved solids criterion of 500 ppm was deferred until additional information on occurrence and sources can be obtained. That matter will be reconsidered at the Commission’s February meeting.

You can see a press release from ORSANCO at http://www.orsanco.org/images/stories/files/pressreleases/2010standardsrelease.pdf

Environmental Groups File Citizen Suit Against Fola Coal

The Sierra Club and WV Highlands Conservancy announced today that they have filed suit in federal district court against Fola Coal Co's Surface No. 3 mine in Clay and Nicholas Counties, alleging violations of the Clean Water Act and the Surface Mining Control and Reclamation Act. The public statement from the organizations is found here. The opening of the statement is set forth below.

(Charleston, WV) –Prompted by stream pollution from the Fola Coal Company’s Surface Mine No. 3 in Nicholas and Clay counties, the Sierra Club and West Virginia Highlands Conservancy today filed an enforcement action against the company in federal court. Water quality tests conducted by the U.S. Environmental Protection Agency (EPA), the West Virginia Department of Environmental Protection, and the company itself have shown that the waters immediately below the mine are significantly degraded. These studies reveal that Twenty Mile Creek and Boardtree Branch, both of which receive waste discharges from the 1700-acre surface mine, are biologically impaired and toxic to aquatic life.

Judge Rules on Definition of Deep Well

State law provides different rules for deep and shallow gas wells. Deep wells are subject to pooling and field rules, and the spacing required between wells is different, depending on whether they are deep or shallow. The Oil and Gas Conservation Commission has authority over deep wells, while the Shallow Gas Review Board hears appeals on shallow gas wells.

Shallow wells are those that are drilled no further than 20 feet into the top of the Onondaga formation. (The 20 feet is needed to drill the "rat tail" and complete the well, but no gas can be produced in the Onondaga.) The dividing line between deep and shallow wells never was much of an issue until development of the Marcellus Shale, which lies directly on top of the Onondaga formation. Drilling of horizontal wells in the Marcellus is preceded by a vertical well and a rat tail that usually goes more than 20 feet into the Onondaga. The Onondaga isn't produced, and after the rat tail is logged out it can be filled with cement.

The question arose as to whether a well drilled more than 20 feet into the Onondaga is a deep well, and subject to deep well spacing, or a shallow well. The issue was originally taken to Supreme Court on a writ of prohibition, which sent it to Judge Murensky in McDowell County. Judge Murensky went with a strict interpretation of the statute and said that if a well went more than 20 feet into the Onondaga it is a deep well, even if only the formations above the Onondaga is produced. You can see his opinion here.

An effort was made during the last Legislative session to change the definition to allow drilling into the Onondaga without converting the well to a deep well. A similar effort may be made in 2011.

Manchin Announces Lawsuit Against EPA, Corps Over Coal Mining Policies

Governor Manchin held a press conference today to announce the filing of a complaint later today against EPA and the Corps of Engineers, alleging that they have unlawfully interfered with coal mining in West Virginia. The state will be represented by Ben Bailey, a well-regarded attorney who has represented the state before in matters involving the DEP. The West Virginia record report is found here, and the AP report is here.

Gov. Manchin is in an unusual position. He remains very popular in West Virginia, where he has done an excellent job as governor. In fact, the Republicans are running ads praising his work as governor, suggesting he should stay in the state to continue that work. I've heard a number of people say the same thing - the state could keep a good governor, and send a vote against Pres. Obama to the Senate in the form of Manchin's opponent, John Raese. Who would have thought that a popular governor would be defeated because he was too good? This lawsuit may be part of the Manchin counterattack, to show he wouldn't be an Obama yes-man, but to be fair it can't be solely a political ploy, as it was being discussed in the state before Sen. Byrd even died.

Secretary Huffman Appoints Task Force To Study Marcellus Drilling

DEP Secretary Randy Huffman has appointed a commission to advise him with regard to Marcellus Shale development in West Virginia. You can read the Daily Mail/AP report about the commission and Secretary Huffman's appointments here.

Marcellus Shale is a hot topic in West Virginia, but not quite the battleground that it is in Pennsylvania. There they have had total dissolved solids problems in some state streams, somerimes as a result of drillling activities, but TDS from drilling activities hasn't been a problem in West Virginia, because discharges of produced water to state streams is generally forbidden.