Opinion Pieces
Let states regulate energy developmentAs appeared in POLITICO
Washington,
November 14, 2011
Tags:
Energy
Too often, Washington ignores the complexities inherent in our vast and diverse nation and reverts to a one-size-fits-all approach in which Washington “knows” best. Most federal agencies operate under this assumption. The Environmental Protection Agency provides a perfect example. It sets uniform standards for the effects of energy production on air and water, regardless of the characteristics of different localities. The obvious problem with this is that many of these municipalities are as dissimilar as my hometown, Bowling Green, Ohio, and San Francisco, entirely different geographically and demographically. EPA’s impulse to regulate first and ask questions later is contrary to the wishes of many states, which have spent years crafting stringent, well-tailored regulatory frameworks at the state level and desire little intrusion from Washington. In the past decade, the combination of horizontal drilling and hydraulic fracturing — techniques used to extract shale gas from tight pockets deep underground — has allowed access to large volumes of natural gas that were not accessible just a few years ago. The production boom of natural gas from shale formations has sparked a vigorous debate about how much regulation is necessary and who should oversee it — Washington bureaucrats or state regulators who reside in the communities they regulate and have detailed knowledge of local geologic formations? State regulators know their natural resources. They know the local geology, geography and production characteristics, making them better suited to regulate local energy producers than distant federal bureaucrats. The fundamental question that must be asked is: Who is best suited to protect the health and safety of Ohioans — experienced Ohio regulators and geologists, or somebody in Washington? Today, I’ll ask this question at a natural gas forum in Washington at which we will hear from esteemed energy experts and industry leaders who can help us better understand the natural gas revolution that’s changing our energy landscape for the better. At a similar forum that I co-hosted in Ohio, I posed this question to state regulators, shale oil and gas development companies and end-users. The answer was loud and clear: Ohio has it under control, no need for Big Government to step in. Dave Mustine, director of Jobs Ohio, a nonprofit focused on business development, said, “We have a very advanced oil and gas law that was updated in the last General Assembly. We believe we have the regulatory framework in place to provide effective oversight to this industry, protecting the environment, doing it right — and we’re very proud of that here in our state.” In 2010, the Ohio Legislature approved the most stringent oil and gas laws in the country that address every phase of shale development: site preparation, drilling and well completion, hydraulic fracturing, production, treatment and storage, waste management and disposal, plugging and restoration and orphaned well sites. Still, Ohio’s work appears to fall on deaf ears in Washington, where the EPA is spending taxpayer money to study the need for federal regulation of hydraulic fracturing, despite Administrator Lisa Jackson’s recent statements that she’s not “aware of any proven case where the fracking process itself has affected water.” EPA also recently announced its intention to set new regulations for shale wastewater, a process that Ohio has already perfected with numerous well-regulated and EPA-approved underground injection wells. Rick Simmers, statewide enforcement manager with Ohio Department of Natural Resources, who oversees wastewater management, says Ohio’s 28-year-old state-run wastewater disposal program, composed of 180 underground injection wells, is a safe, well-managed, disposal program. The system in Ohio has been run so efficiently and effectively that drilling operations in Pennsylvania pay for wastewater disposal services in Ohio. |