Marcellus Drill Cutting Waste Legislation Update May 7, 2014 Berkeley County Solid Waste Authority

Thank You !  Silas Taylor – Legal Counsel, former Senior Attorney General at WV Attorney General’s Office.  Bill Hughes – Chairman, Wetzel County SWA  Mark Holstine – Executive Director, West Virginia Solid Waste Management Board

Basic View

Marcellus Shale

Expected Productive Area

Public Opinion News – Chambersburg Pa.  news/ci_ news/ci_ news/ci_

What is Marcellus drill cutting waste?

How did we get here?  On December 14, 2011, the Horizontal Well Control Act requires the landfilling of drill cutting waste.  WV-DEP Memo – January 11, 2013  WV-DEP Memo – February 21, 2013  WV-DEP Memo – July 26, 2013  Most solid waste authorities not notified of memo’s until November, 2013.

What did the WV-DEP memo’s do?  Advises landfills of two options for handling Marcellus waste:  Option 1: Follow laws to convert to Class A.  Option 2: Construct an unlimited tonnage special cell.

To qualify for Option 2 (under the memo’s):  Apply to the WV-DEP for a permit modification to construct a separate cell prior to December 31,  Apply to the WV-PSC for a CoN by June 11,  Complete construction of the special cell by September 30,  Leachate generated by special cell must be kept separate from normal leachate.  Landfills without special cells can continue to accept Marcellus waste but cannot exceed its tonnage caps.  Pay all State and local tipping fees.  Other construction and handling requirements.

Where does the leachate go?

December 11, 2013 Public Hearing  Berkeley County Comprehensive Litter and Solid Waste Control Plan  Dominant comment from the public asked for ban on landfilling of Marcellus drilling waste in Berkeley County.  Update: county solid waste plans cannot ban waste.  Landfill bans are implemented by an act of the Legislature.

BCSWA Resolution

2014 Regular Legislative Session:   Four bills introduced:   HB3075 – Del(s): Nelson, Storch, Ferns, Diserio, Evans, Ferro, Jones, Swartzmiller, Miley, Morgan. HB4411- Del(s): Phillips, Ashley, Barker, Craig, Eldridge, Evans, Ferro, Hamilton, Skaff.   SB474 – Sen(s): Cann, Beach, Hall, Edgell, Kirkendoll, Plymale.   SB594 – Sen(s): Unger, Cann, Kessler.

2014 Special Session  HB107 / SB1007– introduced by Governor Tomblin.  Nearly identical to final HB  HB107 introduced and passed on March 14,  Effective on March 14, 2014.

What does HB107 do?  Codified WV-DEP memo’s.  Created unlimited tonnage separate cells dedicated for drilling waste within certain existing municipal solid waste landfills.  WV-DEP shall promulgate rules to establish toxin limits for heavy metals, benzene, toluene, xylene, barium, chlorides, radium and radon.

What does HB107 do (more) ?  Landfills without special cells can continue to accept Marcellus waste but cannot exceed its tonnage caps.  Requires WV-DEP to present a leachate study before 7/1/2015, and  Requires WV-DEP to complete an economic feasibility study of establishing separate disposal locations.

What does HB107 do (more) ?  Requires WV-DEP to study alternative disposal for reuse, such as fill material.  Creates Gas Field Highway Repair and Horizontal Drilling Waste Study Fund- New $1/per ton tipping fee to fund $750K for study and road improvements near landfills accepting Marcellus waste.

What does HB107 not do?  The bill does not prohibit the landfilling of Marcellus waste in a county that contains karst.  Retain local control on tonnage caps – Appear to have taken local control from Wetzel County SWA regarding landfill tonnage caps.  No local public hearing or review.

To qualify for the separate unlimited tonnage cell:  1) Must have requested or obtained a WV-PSC Certified of Need on or before March 8,  2) Must have a WV-DEP permit modification to construct a separate cell pending prior to December 31,  3) Install radiation monitors by January 1,  4) Special cell cannot be located in a county that is, in whole or in part, within a karst region.

West Virginia Karst Areas

Eastern Panhandle Karst Areas

Landfills that seem to qualify for the special cell under HB107 Map Number ClassFacility NameOwnerCountyCityPermit Limit Tons/Month Non- Marcellus Capacity Years** 1ABrooke/ValeroMascaroBrookeColliers20, AShort CreekAllied/ Republic OhioWheeling30, BWetzelMascaroWetzelNew Martinsville 9, AMeadowfillWaste Management HarrisonBridgeport30, ANorthwesternWaste Management WoodParkersburg30,000 Not Stated * Map is 4-1 of the 2013 West Virginia Solid Waste Management Plan ** Based on data from the 2013 West Virginia Solid Waste Management Plan

Landfills that qualify to accept Marcellus drill cutting waste in the regular MSW cell.

Cookman Amendment  “provided, That a commercial solid waste facility that is located in a county that is, in whole or in part, within a karst region as determined by the WV Geologic and Economic Survey may not lawfully receive drill cuttings and drilling waste generated from horizontal well sites.”  Passed Senate Judiciary Committee unanimously.  But, was not included in HB107.

Questions ??