Some powerful interests are trying to “fast-track” fracking in North Carolina to the great concern of many landowners, scientists, and citizens. In fact, our state has almost no experience with these types of risky extraction industries. Too little research has been done and there has been too little public oversight. People concerned over the future of North Carolina have an important opportunity over the next two months to comment on proposed fracking rules developed by the Mining and Energy Commission.
The deadline for those comments is September 15, 2014.
Serious public health and environmental impacts from fracking have been documented in those locations where fracking has been in place for a while (e.g., Pennsylvania, North Dakota and Texas.) In addition, host communities experience constant traffic jams, over-burdened infrastructure and services, and a host of social problems (waves of crime, transient single men, and lost quality of life.) Many states and communities across the country are finally pushing back against the fracking industry. Concerned citizens and environmental groups still hope to stop fracking here in North Carolina. It is possible that if the rules can be made strong enough, we will discourage companies from even bothering to frack North Carolina (given how relatively little oil and gas is in our state.)
Click below for details about the three public hearings, as well as how to submit comments online.
Public Will Be Able to Comment on NC’s Fracking Rules at Hearings In Raleigh, Sanford and Reidsville By Jorge Valencia
The North Carolina commission that is drafting rules for hydraulic fracturing will host public comment hearings next month. Members of the Mining and Energy Commission have spent nearly two years writing more than 120 rules. They cover issues including where drilling companies can frack and whether they have to disclose the chemicals they use in the process.
Amy Pickle, the commission’s rules chairwoman, says she expects plenty of comments on whether fracking should happen at all. “I hope that we are also getting detailed and specific comments on the rules, but I in no way want to limit or preclude folks from expressing their opinion,” Pickle says. “The most important thing to me is that we try to accommodate as many people who want to express an opinion or their views on the rules as possible.”
Click Here to Download a Full Copy of the Fracking Rules (PDF)
NC Fracking Comment Period Begins By Ben Bradford – July 16, 2014
The controversial oil and gas extraction process known as fracking took another step toward legalization in North Carolina Tuesday. The state formally opened a public comment period, a time when anyone can officially weigh in on the rules that will ultimately govern fracking.
Over the past two years, the state Mining and Energy Commission has written more than 100 of those rules. They include environmental regulations, such as what companies have to disclose about the mixture of chemicals pumped into the ground during the fracking process, and economic considerations, such as what kind of contracts landowners can sign.
Once the comment period ends in September, a few steps remain:
- The Mining and Energy Commission must respond to the comments and publish final rules, with possible tweaks based on the comments.
- The Rules Review Commission, a panel appointed by state lawmakers, votes on the package of rules.
- Unless state lawmakers pass a bill to block or change the rules, they go into effect, and state regulators could begin permitting drilling companies in the spring of 2015.
- Once the comment period ends in September, the commission must respond to them and publish final rules.
- Following that, another panel appointed by state lawmakers must approve them.
- In spring of 2015, state regulators can begin handing out permits for fracking in North Carolina.
North Carolina public gets a chance to weigh in on proposed fracking rules
North Carolina environmental regulators have opened the public comment period on proposed rules for fracking, a controversial drilling technique that involves injecting water, sand and chemicals into a well to fracture rocks and release trapped natural gas or oil. Fracking — short for “hydraulic fracturing” — has been linked to water contamination and air pollution problems in other states.
This will be the last chance for North Carolina residents and organizations to comment on the fracking rules, which are set to take effect next year. They were crafted over the past two years by the MEC, which was created by the state legislature in 2012.
Controversy has loomed over North Carolina’s fracking rule-making process from the start. It began with the late-night vote in the Republican-controlled state House to override former Democratic Gov. Beverly Perdue’s veto of the the bill that legalized fracking. Rep. Becky Carney, a Mecklenburg County Democrat, intended to vote against the veto override but accidentally voted for it — and House leaders would not allow her to change her vote, which would have resulted in the veto override failing.
There were also concerns about the fact that the two MEC seats designated for environmentalists went to fracking advocates with apparent conflicts of interest. The environmental watchdog group Food & Water Watch has called on North Carolina Attorney General Roy Cooper (D) to investigate those two members as well as another who previously worked for Halliburton and maintains holdings in that company and another that specializes in disposal of fracking wastewater.
Also raising eyebrows among environmentalists and good-government advocates was energy giant Halliburton’s influence over the crafting of rules governing public disclosure of chemicals used in fracking. Last year draft chemical disclosure rules were pulled from MEC’s agenda, reportedly because Halliburton objected to them. Earlier this year, the Associated Press reported that at least three of the 14 MEC members met privately with representatives of Halliburton and other companies that sell chemicals used in fracking.
The North Carolina legislature recently passed a bill that speeds up the state’s move toward fracking and imposes criminal penalties on anyone who discloses fracking chemical trade secrets, which the state would make available only to first responders, doctors, and others who might need them in case of an emergency. The job of determining whether fracking chemical ingredients will get trade secret protection will go to the newly created Oil and Gas Commission, a panel of elected officials, industry professionals, conservationists, and public health experts.
POST CARDS AVAILABLE FOR CITIZENS
The N.C. Conservation Network, an umbrella group for environmental nonprofits across the state, is collecting postcards to deliver to the MEC calling on it to reinstate the ban on fracking. The group hopes to collect 1,000 of the petition postcards by the end of August.
Help us stop fracking by collecting petition postcards in your area. We want to collect 1,000 postcards by August 31st in order to deliver them to the state’s commission on new fracking rules (the Mining and Energy Commission). You can collect them at your church, civic group meeting, class, neighborhood, or just look out for an event near you. We’ll mail you the cards along with everything you’ll need to talk to folks about this issue.
CLICK HERE TO ORDER POSTCARDS
Fracking Rules Public Comment Period – Landowner Rights
The Mining and Energy Commission (MEC) has finished drafting its first set of hydraulic fracturing rules, and it is critical that the MEC hear from landowners and other members of the public. Comments will be accepted between July 15 and September 15, 2014. The General Assembly is unlikely to reconsider these rules once they are finalized. With the passage of SB786 during the 2014 legislative session, the General Assembly has given its legislative stamp of approval for these rules to become law after they are finalized. This comment period is the only chance the public will have to weigh in on the rules.
The draft rules address only the issues mandated by the legislature and do not address many critical landowner issues. As a result, they leave tremendous gaps in critical landowner protections. They do not protect landowners from forced pooling, do not provide adequate setbacks from schools, hospitals, and private homes, and fail to require other basic landowner protections like mandatory surface use agreements. It’s essential that landowners make their deep concerns heard during this public comment period and request that the MEC draft additional rules that will fill these gaps in landowner protections. Below you can find information on these issues to help you make a difference by letting the MEC know your concerns.
North Carolina needs you to help landowners and improve draft fracking rules.
In addition to accepting online public comment, the MEC will be holding three public meetings where members of the public may comment on proposed rules. Public meeting dates, times, and locations are listed below as well as instructions for submitting public comment on the draft rules.
The Rules
The more than 120 rules were developed to govern the fracking process and cover everything from the permitting process to land reclamation. The rules are divided into 14 sections. Public comments will be organized based on the rule section. In addition to these 14 rule sections, the MEC is also accepting “general comments.”
Click Here to Download a Full Copy of the Fracking Rules (PDF)
Submitting Comments to the MEC Online
Email comments may be sent to the MEC through the DENR public comment website. On the DENR site you will find the rules divided into 14 sections. It is important that your comment pertain to the section you choose. After clicking on a rule section, an email link will open that allows you to send your comment directly to the MEC. Please do not copy and paste a sample comment. Your comment should be unique and provide specifics about how fracking rules will impact you, your family, and your land.
Click Here to Submit Comments Online
Mailing Comments to the MEC
Written comments on the draft rules will also be accepted. They may be sent to the following address:
Oil and Gas Program
DENR-Division of Energy, Mineral, and Land Resources
1612 Mail Service Center, Raleigh, NC 27699-1612
Schedule of Public Hearings
Three public hearings are scheduled to take place in August 2014. Public participants will be able to provide oral and written comments during the meetings.
Public Hearing 1
- Location: NCSU’s McKimmon Center 1101 Gorman St, Raleigh, NC 27606
- Date: August 20, 2014 – Time: 10am – 2pm
Public Hearing 2
- Location: Wicker Civic Center 1801 Nash St, Sanford, NC 27330
- Date: August 22, 2014 – Time: 5pm-9pm
Public Hearing 3
- Location: Rocking County High School 180 High School Rd, Reidsville, NC 27320
- Date: August 25, 2014 – Time: 5pm-9pm
Key Landowner Protection Issues the Rules Should Address
Forced Pooling (General Comment)
Background: Forced Pooling, known as compulsory pooling in North Carolina, is used to create a drilling unit by forcing non-consenting landowners into participating in a proposed drilling unit. Current North Carolina laws gives the MEC the authority to pool landowners this way (G.S. § 113-393) (1945). However, statutory language does not provide any information about when forced pooling can be used or the process for force pooling a landowner. In 2013, the MEC’s Compulsory Pooling Study Group recommended statutory changes but the large majority of those recommendations were not addressed during the 2014 legislative session.
Recommendations:
- The MEC should not approve any forced pooling application for unconventional drilling.
- If forced pooling is used, the Mining and Energy Commission should not approve an application unless a majority of landowners are voluntarily leased before approving the forced pooling of any unleased landowner. Data suggests this could be accomplished by requiring that 95 percent of the acreage within a drilling unit be voluntarily leased before using forced pooling.
- There should be no surface development or disturbance on any property that is forced into a pool unless the surface owner agrees and enters into a surface use agreement with the operator.
Surface Use Agreements (General Comment)
Background: A surface use agreement (SUA) between a landowner and oil and gas company allows a landowner to protect their land by restricting surface use, setting out detailed plans for reclamation and restoration, and requiring additional environmental protections. Currently, SUAs are not required in North Carolina. If required, SUAs would ensure that every landowner who signs an oil and gas lease has a fair opportunity to participate in the planning for surface use. It also would protect landowners who are force pooled or own the surface of a split estate to prohibit use of the surface of their property.
Recommendations:
- The MEC should require that a SUA for a well and other infrastructure be in place on each property in a proposed drilling unit before considering any application for that drilling unit.
- Each SUA at minimum should include detailed rules for operator use of the property, transfer of any liability for damages to the gas operator, prices for all property uses, and detailed plans for reclamation and restoration of the property once use is completed.
Setback Distances- Well Construction and Completion (Section 0.1600)
Background: Setback distances protect residents from both the health impacts of natural gas drilling as well as widely reported nuisance issues, such as noise, light and dust pollution. States that have experience with this industry have begun to increase their setback distances to provide greater protection for residents. For example, Colorado recently increased the required setback distance for high occupancy buildings, such as schools and hospitals, and occupied dwellings to 1000 ft with the possibility of a variance down to 500 ft for occupied dwellings. Draft setback rules for North Carolina allow wells to be drilled at 650 ft from both occupied dwellings and high occupancy buildings. In addition, waivers may be granted for occupied dwellings that allow wells to be drilled as close as 400 feet. The variance application would not require a landowner’s permission before a variance could be approved.
Recommendation:
- Setback distances from high occupancy buildings must be at least 1000 ft.
- Setback variance for residential dwellings must be no less than 500 ft.
- Any setback waiver must require consent from the owner of the occupied dwelling.
Do You know Where YOUR Senator and Representative Are on Fracking
Many of you contacted your legislators in recent weeks to let them how concerned you were about the threat of fracking and to ask them vote AGAINST Senate Bill 786. Now’s the time to let them know that you know how they voted, and that you are either very grateful for or very disappointed in their vote and what it says about their support for protecting their constituents instead of industrial polluters!
Here’s a simple alphabetical list of all House and Senate members, with the Counties they represent, their votes on Senate Bill 786 and party affiliation. Each legislator’s name includes a link to their contact info. Call or email them to THANK them for their vote or let them know what you think of their judgment about protecting their constituents’ water, air and land.
Robert Y. George: Legislators don’t listen to scientists – Letter to the Editor June 25, 2014
Former professor of marine biology, UNC-Wilmington (1972 to 2003)
We witness today in North Carolina policy-makers, either elected by people or appointed by the governor or General Assembly, who simply ignore, point-blank, advice from prominent scientists. Two recent episodes come to mind. Geologist Stan Riggs of East Carolina University and Dr. Orrin Pilkey of Duke University advised government that sea level would go up along the North Carolina coast by 39 inches in a century. The Costal Resource Commission, dominated by pro-development members, simply rejected their advice and told the public that the science lacks adequate data.
Similarly the ongoing “frack or no fracking debate” placed scientists in the backseat and put the pro-industry folks in the driver’s seat. The General Assembly decided to go ahead with fracking, despite the risk to water quality warned by scientists. I heard Dr. Amy Pickle of Duke’s Nicholas School of Environment, speak against fracking in a public forum on water quality. She also served on the state Environmental Management Commission. Lo and behold, her warnings fell on deaf ears.
As an active scientist here in North Carolina for four decades, I am of the opinion that there is not much shale in the Triangle counties. We should get our natural gas from Pennsylvania, West Virginia and West New York and leave North Carolina clean. We already have enough mess in our lakes and rivers and even aquifers.
Fracking Companies Suck Life Like Parasites Suck Blood 