Your proposed changes to the law pertaining to disclosing the ingredients used in hydraulic fracturing is a very positive change.  In our county many people are very concerned about "fracking" mainly because they do not know what ingredients are used.  Changing the law should relieve most concerns. 

I support regulations calling for list of ingredients in all wells. Yes, we are worried about hydrofrackong and its harm to water people and wildlife.  We demand ingredients in food so I want to know what is put in the water, the ponds, and the air. 

I wish that no hydrofracking were being done.  We need to increase opportunities for non fossil fuel energies.

The safety of our public water supply is of utmost importance.   The public and all state agencies involved have every right to know what goes into the ground since there is no guarantee that the chemicals will not migrate into unintended areas.  In fact, it is not a matter of IF water will be contaminated by hydraulic fracking fluid, but WHEN.  Even the natural gas industry recognizes that there is a certain failure rate of cement casings that are supposed to contain the fluid.

I encourage the state of Virginia to require disclosure of all chemicals used in fracking, and to make this information available to the public. The nondisclosure rules are devious.  If the industry wants to claim the process and the chemicals are safe, then they need to be forthcoming about what they are doing and what chemicals they are using.

I am relieved that DMME is taking comments regarding gas drilling and the issue of disclosing chemicals used in that process.

It would do the public no harm, and the citizens and communities a great service, if DMME were to require disclosure of such chemicals. Our neighbors in Pennsylvania and West Virginia are suffering from the bullying of the gas industry since Dick Cheney set up the loopholes to evade rules meant to protect us. It is an abuse of power.

I like the idea of identifying these additives with their Chemical Abstract Numbers. It needs to be posted in a public forum so we can access it, and emergency responders can access it too. It should be listed at least 72 hours in advance of use.

I would also like to voice my concerns on the expansion of drilling in this beautiful state. In Washington County our revenue is based on agriculture and tourism. Drilling negatively impacts such industries. Drilling is not appropriate here. DMME should not allow drilling  in any county that depends on the land for farming or outdoor recreation purposes. Natural areas are very environmentally sensitive, and drilling is destructive to such, whether in our mountains, farmlands or the sea.

Washington County has recreational opportunities along the rivers and holds a future potential for several parks. These should not be given over to drilling or any destruction.  The Tidewater area, Washington County, George Washington National Forest - all need protection. It's insane to drill there!  Energy can be obtained many ways. We cannot destroy our clean air, water and natural landscapes to allow one entity its short-sighted  “right” to drill. The sooner we wean from fossil fuels, the better off Virginia will be.

Thanks for all you do.

Please accept the following comments submitted on behalf of the King George County Board of Supervisors: 

Comment concerning DMME NOIRA regarding Gas and Oil Regulation

The King George County Board of Supervisors requests and supports DMME's consideration of amendments to the Virginia Gas and Oil Regulation (4 VAC 25-150) to ensure gas and oil regulation reflects current industry best practices; to expand disclosure of ingredients used in gas and oil well stimulation and completion on permitted and future gas and oil operations in the Commonwealth; and, to determine if current regulatory requirements are sufficient to properly regulate drilling in different geographical areas of the Commonwealth.  The King George County Board of Supervisors submits this comment for the following reasons and may supplement this comment in future: 

1.      Virginia’s Gas and Oil Regulation should recognize the ecological significance of the Chesapeake Bay and Tidewater Virginia.  The ecological and environmental significance and sensitivity of the Chesapeake Bay and its many tributaries that flow through Virginia’s Tidewater Region are widely recognized.  The Code of Virginia is replete with laws and policies to protect the waters and ecology of the Bay.  Moreover, Virginia already recognizes the unique sensitivities and challenges presented when considering whether to permit gas and oil drilling within the Chesapeake Bay watershed.  See § 62.1-195.1 of the Code of Virginia (“Va. Code”); Va. Code § 45.1-361.29 of The Virginia Gas and Oil Act; Groundwater Management Act of 1992, Va. Code § 62.1-254, et seq.; and, associated regulations.

The potential impact of oil and gas drilling activities within the Chesapeake Bay watershed and the Tidewater Region demands that regulatory agencies ensure applicable regulations and oversight of drilling operations are adequate and tailored to protect these valuable natural resources, and the citizens, businesses, and their communities that may be impacted by these activities.   

2.      The Virginia Gas and Oil Regulation should be amended to require disclosure of ingredients used in gas and oil well stimulation and completion.  Disclosure of ingredients used in well stimulation and completion, also known as “hydraulic fracturing”, has received a great deal of attention since new methods and technologies, such as indirect drilling, have opened up previously untapped reserves of gas and oil in certain areas of the United States.  Many have questioned the ingredients of fracturing materials, due to concerns about contamination of groundwater, surface waters, and lands.  These same concerns have arisen in communities located within the Taylorsville Basin, which spans from Maryland, across Virginia’s Northern Neck and south to Richmond, including wide swaths of King George County. 

Due, in part, to these concerns, gas and oil industry representatives established the Frac Focus Chemical Disclosure Registry (www.fracfocus.org).  Many states rely upon Frac Focus and have incorporated the registry into their regulatory regimes, however, some states have moved forward with rules requiring the disclosure of frac fluid ingredients to regulatory agencies.  Industry-based registries, such as Frac Focus, may be insufficient for proper oversight and public protection because they maintain and protect the secrecy of frac fluid blends, based upon the notion that they constitute proprietary trade secrets and because there are little or no consequences for operators who fail to report to the registries. 

More recently, on February 11, 2014, the United States Environmental Protection Agency (EPA) issued Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels:  Underground Injection Control Program Guidance #84, imposing certain permitting requirements regarding the disclosure of hydraulic fracturing activities utilizing diesel fuel.  The EPA guidance reflects many best practices developed by industry and stakeholders, including state regulators.  EPA’s recommendations may be helpful to DMME and other regulatory agencies in improving regulatory protections for underground sources of drinking water and the public health.  Further information concerning the EPA guidance is available here:  http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/hydraulic-fracturing.cfm

DMME should expand the Virginia Gas and Oil Regulation to require full and complete disclosure to the agency of all ingredients used in well stimulation and completion activities in Virginia.  Full disclosure of well stimulants is necessary for citizens and public bodies to properly understand and make informed decisions concerning gas and oil mining activities in their communities.  Moreover, in case of an inadvertent release of fluids, authorities should be able to access the registry so adequate measures can be taken to properly address potential contaminations.   

3.      The Virginia Gas and Oil Regulation should be amended to reflect current industry best practices.  The advent of indirect drilling, combined with hydraulic fracturing have resulted in a newfound gas and oil boom in the United States.  As industry operators, states and communities have responded to the resulting challenges and opportunities, many innovations and best practices have been developed that have improved the landscape for all engaged or affected by this growing industry.  DMME should study these innovations and best practices and incorporate the most effective and practical in the Virginia Oil and Gas Regulation.

The Virginia Gas and Oil Regulation may already incorporate certain industry best practices, however, new means or methods may be valuable to the industry and affected communities, such as utilizing biodegradable “green frac” fluid, rather than toxic or potentially toxic substances; emissions and other controls on storage tanks and compression stations; closed-loop drilling; impoundment integrity; and, groundwater testing and monitoring. 

DMME can look to a number of organizations for input concerning industry best practices, particularly the Shale Gas Roundtable, which includes the following leading organizations:

·         American Petroleum Institute

·         Appalachian Shale Recommended Practices Group

·         Center for Sustainable Shale Development

·         Environmental Defense Fund

·         Intermountain Oil and Gas Best Management Practices Project

·         Investor Environmental Health Network  

·         Marcellus Shale Coalition

·         Pennsylvania Department of Environmental Protection

·         State Review of Oil and Natural Gas Environmental Regulations

4.      Current regulatory requirements are not tailored to properly regulate drilling in different geographical areas of the Commonwealth.  Differing geology and ecological sensitivities require unique regulatory treatment of different areas of state. DMME’s regulations and their enforcement have been largely focused upon the geology of Southwest Virginia, where most, if not all, of the gas and oil drilling activities in the Commonwealth reside.  As is recognized by DMME, however, the geology of Southwest Virginia is vastly different from the geology of eastern Virginia and the Tidewater region.  Therefore, applicable regulations should be reviewed and augmented to address the particular geology of Tidewater Virginia and means and methods necessary to safeguard the water, other natural resources, and the environment within the region. 

5.      Virginia’s Gas and Oil Regulation should be amended to require permit applicants to certify compliance with all pertinent local ordinances.  Section 45.1-361.5 of The Virginia Gas and Oil Act recognizes that gas and oil drilling are subject to the authority of local land-use ordinances.  While Section 4 VAC 25-150-30 of the Virginia Gas and Oil Regulation recognizes a permittee’s duty to comply “with other laws and regulations”, it does not explicitly recognize the authority of local land-use ordinances.  It is evident that recognizing local land-use authority is proper because DMME’s Geothermal Energy Regulations include this recognition in Section 4 VAC 25-170-30(B)(1) (“Applications will not be reviewed until the operator or designated agent submits proof of compliance with all pertinent local ordinances.”).  Therefore, The Virginia Gas and Oil Regulation should be amended to recognize the authority of local land-use ordinances, for the sake of compliance with the Code of Virginia and consistency within DMME regulations.  

6.      Permit applications should not be considered complete until the DMME completes its review and amendments deemed necessary have been approved and become effective.  Recognizing the exponential growth of the gas and oil industry as a result of indirect drilling and hydraulic fracturing methods, the growing energy needs of our society, and the potential ecological impacts upon Virginia and its communities if gas and oil drilling is not undertaken with due regard for the environmental consequences, safety, local impacts, and citizens’ quality of life, the King George County Board of Supervisors requests DMME forego consideration of gas and oil permit applications until the agency completes its review of the Virginia Gas and Oil Regulation and amendments deemed necessary have been approved and become effective.  

There are Hundreds of Complaints of groundwater contamination in the 4 states at the heart of fracking:  West Virginia, Pennsylvania, Ohio, and Texas!  Please read and see some examples from Food and Water Watch, based in Washington, D.C. (www.banfrackingnow.org) and Southern Environmental Law Center, based in Charlottesville, which is fighting fracking in the George Washington National Forest from which we get a lot of water www.ProtectTheGW.org). Maybe you can set up meetings with these groups and the Virginia League of Conservation Voters in Richmond (www.VALCV.org, 804-225-1902) which was largely responsible for stopping Uranium-mining in VA, where the mining entrails after rainstorms and Hurricanes! (yes, we have these) would flow to Lake Gaston in N.C., from which Tidewater cities gets their water supply.

The Virginian-Pilot article on Jan. 26, 2014 entitled "Fracking in eastern Virginia" points out a lot of horror stories that we can expect after fracking through our huge freshwater aquifer that needs to supply water for the next 200 years or rather milleniums, if we don't stop making terrible mistakes.  To get to this Virginia Shale Formation between Fredericksburg and Richmond, they have to drill through this huge pool of Fresh Water Aquifer (that we need for the current and future generations of Virginians).  This opens up holes in the Aquifer.  The millions of gallons of Fracking Fluid will then migrate into aquifers and groundwater and CONTAMINATE with DRILLING CHEMICALS, HEAVY METALS, AND NATURALLY OCCURRING LOW-LEVEL RADIATION.

Please PROTECT OUR WATER FOREVER!  Make the company that wants to frack in Virginia impossible to get through hurdles that your Department can put up and go home!  Drinking Water for generations to come trumps a few jobs for a few years.  PROTECT US AND OUR CHILDREN'S CHILDREN'S CHILDREN.

Thanks for reading this and helping fellow Virginians have drinking water and water for their crops.

Lyn Snodgrass

All landowners in the vicinity of gas drilling should be thoroughly informed as to what chemicals are being used in the "fracking" process.  I do hope you place tough restrictions on all contractors so chemical information is readily available to interested individuals  Chemicals can kill. 

Washington County seems to be involved in attracting tourists.  We are also an agricultural County.  If chemicals were  spilled on the way to wells or carlessly used at the drilling site, that would be disasterous to soil, water and the landscaape.  Underground leaks could damage water wells and free flowing creeks.  I read in farm magazines of hydrofracturing in other states.  It is interesting to read of the dust created, paved roads damaged, debris left behind.  Some people tell of the money received for lease only to find this would not cover repairing the damage done to their ranches from the drilling/"fracking" process, and no income yet received from wells. 

Yes, please make sure chemicals are identified in simple wording and also look deeper at damage to soil, water and landscape and the problems created for those innocent people who do not lease.  I know first hand what a mess is left behind by contractors of transmission pipelines and that is eminent domain.  The same problems can happen with drilling/"fracking".  Thank you for considering my views.   

Landowners and the general public that is in the area of gas drilling should have the ability and right to know what is going on underneath them. Not only could these unknown chemicals pose a threat to biological species, but these chemicals can effect our own water supply. Chemicals can be just as dangerous as they are benefical for gas companies.

If gas companies will consider and claim that chemicals are safe to use, then they should also not be hesitant in what they are using. Therefore, there shouldn't be a problem with these companies having chemical information available for public use.

To see the recent event of the problem that happen with the West Virginia spill should give more of an incentive to have what chemicals they are using known. Unknown chemicals can have a innocent decision become a real problematic situation.

If anything, gas companies should be required for the use of quick emergency responder information.Thank you for considering my views.

I strongly support and urge you to mandate and enforce the requirement of divulging the identity of ingredients/chemicals used in the drilling, stimulation, and completion of gas and oil wells.  We should, at the very least, identify present and past materials used, and store  in a easily identifiable electronic location for public access.  The groundwater, springs, wells and drinking water supplies of this nation are at potential risk from unexposed sources currently.  Make these public.  

I fervently support strong regulation of fracking in Virginia's oil & gas wells. We definitly need clear and public disclosure of all chemicals which are used in this industry. Please bear in mind the "down the road" cost to water table, infrastructure and public health.

Until and unless regulators know and evaluate the processes and materials used no-one can be certain it is safe. Taking the word of those who stand to profit from questionable science is bad policy and puts everyone and our environment at risk.

Please allow  that all chemicals be disclosed in any kind of gas drilling operation, or underground Injection control operation.     Given what has just happened in West Virginia,  A coal slurry spill yesterday, and a coal ash spill in the Dan river, our waters cannot take another assault.    The West Virginia case should especially highlight the need for the lublic to be informed of the impacts of chemicals, that enter our waterway. Even after then  Public consumption ban has been lifted many people in the state dont trust their own drinking water.    Not passing this policy, would pave the way for something similar to happen in Virginia

Thank You

At the direction of the Washington County Virginia Board of Supervisors, a committee has worked over the past year or more to develop a zoning regulation to govern siting of natural gas wells in the County.  This committee activity was inspired by a company that, several years ago, purchased mineral rights leases to drill for natural gas in the County and applied for a DMME permit to drill.  Current zoning does not allow the use, so the effort was initiated to develop, for consideration of the Board, a zoning ordinance that would allow drilling.  The process of working on the ordinance has included two panel presentations that were open to the public and monthly committee meetings, which have also been open to public and at which public comments were received.  The County greatly appreciated the participation of DMME representative Rick Cooper, who provided comments at both panel presentations and has attended some committee meetings in the early stages of this process.  Over the past several years, public comments have been made at regular meetings of the Board and of the Planning Commission regarding zoning regulation and natural gas drilling.  Many comments have favored allowing natural gas drilling.  Many comments have expressed concerns with the environmental risks, particularly to groundwater and air quality.  The draft ordinance, which has been passed from the committee to the Commission for initial consideration, includes a requirement that the applicant provide certain baseline environmental data, which the committee considered potentially useful for comparison at a later point to determine whether environmental impact may have resulted from drilling and well stimulation activity.  Neither the Board nor the Commission have taken a position at this time on the draft ordinance; however, this matter is of great interest in Washington County.

I urge you to strengthen regulations to require companies to disclose the chemicals used in fracking operations. I get my water from a spring that may well be affected by ------ ? Unless companies are required to disclose what they use, I can't know. In order to make decisions about our water, we need to know what is being injected into wells. Thank you.

For DMME to exercise adequate regulation, industry must provide full disclosure of chemicals used in drilling and hydraulic fracturing. It's virtually impossible to substantiate any violation without this knowledge. Numerous states, already engaged in a rush of drilling by companies are finding that their state regulatory structure and reporting requirements are entirely inadequate to meet the task. Virginia must do all that is within its power to protect the water and air quality for citizens living around any potential drilling sites, such as those here in Washington Co.

Full disclosure is only fair to those citizens finding themselves subjected to a large industrial enterprise occuring not far from their doorsteps, wells, and nearby watercourses. Washington Co. has an economy that is deeply dependent on agriculture and tourism. We cannot let these long-term, land and water based, local businesses become damaged by poorly regulated, short-term, resource extraction. Special care should be given areas with karst geology.

Thank you for your attention to protecting Virginia's natural heritage, farming and other local businesses, and most importantly, our water.

Please demand the full disclosure of the ALL chemicals used in gas fracking.  There is no way to ensure safety of water without a complete list of chemicals from which to use in laboratory testing.  Gas companies will do water testing prior to drilling in their "best practices" protocol.  If those water tests are the standard water quality test, chemically contaminated water could pass the test.  If the test isn't designed to detect the mulitple chemicals, they won't show up.  The gas companies can then claim that they haven't caused any contamination.  Unless the government demands to know what the chemicals are and is willing to also demand a comprehensive water test done PRIOR to drilling, then contamination by the gas companies can't be proven.  If the water  test is not designed to detect the chemicals, then they don't show up! It leaves all the responsiblility for testing on the landowners/lessors, and the tests are expensive and many landowners/lessors are not educated on how to protect themselves.  

Hydrofracking is an inherently unsafe process that, once started, risks contaminating our water for generations.  At the very least, we must require full disclosure of all chemicals proposed for use in this process, and fully describe all potential risks to those living near any proposed drilling site.  l would prefer that we ban hydrofracking altogether near any populated area.

Given the latest scientific studies that attribute certain illnesses in humans and livestock to contaminated water from hydrofacking, it is imperative from a public health perspective for companies to fully disclose the chemicals used in the process. When toxic materials are used where humans and other animals obtain their water, the industry has no right to employ a "trade secret" tactic. Please stand up for what is right and just, not what lines the pockets of a few at the expense of many.

I request that DMME require all drillers of gas wells divulge all chemicals used in the drilling process including those chemicals that heretofore have not been divulged.

The regulations should require the divulging of heretofore undisclosed chemicals that can affect our water and threaten our communities and way of life.  

All citizens deserve to know what is in the water they drink, as well as impacts to health and well being.  Please insure that regulations mandate the divulgance of all ingredients used in  gas and oil well stimulation and completion on permitted gas and oil operations in the Commonwealth.

The prospect of migration of hydrofracturing chemicals into Virgnia's drinking water resources is reprehensible.  We, as citizens, deserve protection beyond that given to corporations seeking to liquidate our mineral resources.  Please protect our water and make disclosure of all chemicals used in any such processes a standard and mandatory process.  Damage to our water resources will be irreversable and uncleanable, much like the treatment history will give to the politicians who allowed it to go on.  

Full disclosure should be mandatory as a matter of principle for all chemical substances deposited in the environment where they do not occur naturally or in quantities substantially exceeding their natural occurrences (hereinafter referred to collectively as foreign substances). The environmental effects and health consequences of exposure to industrial chemicals are generally not well understood, especially when multiple substances interact in inherently complex environments.

There are at least two reasons why mandatory full disclosure should be regarded as a principle:

1. People have an unalienable right to know what foreign substances they are being exposed to.

Because of the current lack of disclosure, knowledge of the impact of foreign substances is greatly limited. Many people who have an interest in knowing the impact of these substances have no practical means of determining where they should investigate or what they should be looking for. It is not adequate for people to have to wait until symptoms become manifest before they have even an inkling that something might be wrong. By the time the symptoms become manifest, the problem foreign substance may be widely dispersed and expensive to remove, if it is possible at all to do so.

It is not enough to insist that if the users of foreign substances follow all the correct procedures, there will not be a problem. First, people don't always do what they are supposed to do, because of ignorance or willful neglect. Second, it is assumed that the procedures are adequate to address all circumstances in which the foreign substance is used. However, nature usually turns out to be more complex than people imagine, and circumstances occur that were not anticipated by the people devising the procedures. The consequence is that foreign substance end up in places where no one thought they would.

It is a teaching of the Baha'i Faith that people and the environment both have an intrinsic value that cannot be reduced to economic terms. Economics is only one factor of many.

The argument that it is too costly for businesses to comply with disclosure requirements comes from a too limited perspective. We need to consider not only the cost  of compliance to businesses, but also the costs to society when foreign substances end up in places they are not supposed to be. Many businesses are quite happy to externalize these latter kinds of costs rather than take responsibility for avoiding problems and for cleaning up the messes when problems occur.

The claim that proprietary interests justify not disclosing the use of particular foreign substances violates people's unalienable right to know what foreign substances they are being exposed to. Otherwise, we would have to say that narrow economic interests trump every other value that is an intrinsic part of human spirituality.

Adopting the principle of mandatory full disclosure of the use of all foreign substances safeguards both the dignity and the civil rights of all people, and provides a means for verifying that we are responsible in our use of the environment. The welfare of businesses is dependent on, not opposed to, the welfare of the general population.

Countless reports of water contamination from several states and one confirmed earthquake have been directly related to the fracking technique and chemicals used for the last ten years. If we continue to proceed too fast without full disclosure of chemical agents used and without  thorough scientific studies of the effects these chemicals have in man and animals just as the FDA evaluates the prescription drugs we consume, we may appear to be as nothing more but greedy fools who have no wisdom.

I strongly support the plan that requires expanding the disclosure requirements of the ingredients used in gas or oil development in Virginia.  I also urge the The Virginia Department of Mines, Minerals and Energy issued to enforce compliance with the expanded disclosure requirements.  I support intended regulatory activity that will consider expanded “disclosure of ingredients used in gas and oil well stimulation and completion” as well as industry best practices for oil and gas development. Virginia should require much more than having companies provide a general description of chemicals used in oil and gas development. No exemption of disclosing chemicals used during well stimulation should be given, as is currently the case. These disclosures should be made public and easily available to Virginia citizens. There should be mandatory penalties for those who do not provide this information. This change should be grandfathered in and require disclosure of past drilling, stimulation and completion and closure of gas and oil wells. In the matter of these wells, ignorance is not bliss.

Thank you.

Powerfull people know that knowledge is power.   The more we all know about the chemical substances being released into our communities, the better chance we have of making good decisions AS a community. Please increase the transparency required of companies in the mining industry.

I farm just outside Abingdon, Virginia and so water quality and protection ofour land and soil is very important to me.  I do not oppose fracking completely, but feel that the gas companies should fully disclose the chemicals they use in the process, and be subject to rigorous water and air pollution regulations.  Thank you.