Comment on Well Plugging Priorities; Remember to Vote

The federal Bipartisan Infrastructure Investment and Jobs Act of 2021 has already made three payouts in the form of grants to States to plug “orphaned” wells. Now, the federal Inflation Reduction Act of 2022 is providing a fourth round of money to plug low or non-producing wells that belong to drillers that are still in business in order to prevent those wells from becoming orphaned.  This federal money is not nearly enough money to plug all of the low or non-producing wells of drillers, so which wells should the money go to plug?

The IRA funding is part of the Methane Emission Reduction Program and can be used to reduce methane and greenhouse gas emissions, mitigate air pollution from legacy oil and gas systems, and other similar purposes. WVSORO and other stake holders are on an advisory council. However, the State is required to hold meetings and take comments on which of the drillers’ wells should be priorities for plugging. The public — that’s YOU — is invited to attend the meetings and make comments on what you think the priorities should be.

The public meetings are:

• November 7, 2024, 6 to 8 p.m. – Coopers Rock Training Room, WVDEP Charleston Headquarters, 60157th St. SE, Charleston, WV 25304 (Virtual option available at: https://meet.google.com/vpu-qvuu-yyv or dial: 1 513-818-1632 PIN: 720 946 805 #)
• November 13, 2024, 6 to 8 p.m. – Kingmont Community Room, 2379 Kingmont Rd, Pleasant Valley, (near Fairmont) WV 26554
• November 14, 2024, 6 to 8 p.m. – Conference Room, North Bend State Park, 202 North Bend Park Road, Cairo, WV 26337

Our initial thoughts are that for wells that have a “responsible operator” that is still in business this money should only be used to plug idle wells, and not “marginal,” wells still producing.  Why? Because idle wells are most likely to need plugged soonest, and wells producing some gas or oil should be paying some royalties to some mineral owner.  Idle wells with leaks in casings (not just leaks in above-ground pipes etc. that can be easily fixed) should have the highest priority, starting with those near public buildings and then residences.  If there are some wells that are prohibiting development, or whose wellheads, facilities and roads take up a lot of farmland, they should maybe be next. 

Preference should be given to wells belonging to the drillers with the least total production since they are least likely to be able to afford to plug wells, followed by the wells of those drillers that have more production, but only if they have already plugged wells on their own. However, this federal money should not be used to plug wells that are already covered by consent agreements that a driller has with the State.

Those are only our initial thoughts. We and the State would like to hear from you. So please attend one of the meetings mentioned above, or you can submit written comments by sending an email to DEP-MERP@wv.gov by November 14, 2024.  Or you can respond to us and Dave will take them to the advisory committee meeting.

Want to know more?
    Below is a further explanation of this fourth payout of federal plugging money.  And you can expect a further explanation of the state money and other federal money in our next newsletter.
    You can read the DEP’s press release announcement of the meetings and other ways to comment here. 
    Here are links to “Why an old well is plugged, not ‘capped’; and how a well is supposed to be plugged; and why a lot of oversight of well pluggers is needed,” along with a slide show illustrating the subject.
    If you know of a well (on your land or not) that you think may be an orphaned well that needs plugged, you can report it to the State by clicking here.  

About the Inflation Reduction Act Well Plugging Money
    The Inflation Reduction Act of 2022 provides money to drillers who are still in business to plug their own wells before they can be orphaned.  (A “driller” is the first operator of a well: but then the wells can be sold or transferred to a new “operator” of wells that was not the driller.  But since the term “operator” has so many meanings, we will stick with the word “driller”.)  We are not super-pleased that taxpayer money is used to plug wells that these drillers should have already paid to plug, or at the very least saved money or planned the income to plug. 
    The legislation created the Methane Emission Reduction Program or “MERP” for short.  West Virginia will get $38 million aimed at plugging and reclaiming marginal conventional wells (MCWs), reducing methane emissions, improving groundwater safety, and restoring affected land.  However, the program name includes a misnomer.  It grants money to plug “marginal ” wells.  However the plugging money in this legislation can be used by drillers to plug their wells that are idle, not just marginal producers, when, in fact, plugging idle wells is where the money should go!  (So we are not going to mention “marginal” again, but if you hear others use the word, this money is what they are referring to.) 
    Drillers have probably 50,000 eligible wells, and even this federal money will not come near plugging even their current 8,500 idle wells. So which wells will get plugged?  The State is required to have a Community Benefits Plan based on community input.  That starts with a Community Benefits Committee.  It is made up of representatives from the industry, environmental groups, mineral owners, labor, and surface owners.  WVSORO co-founder Dave McMahon has been appointed to the committee.  And there are the public meetings mentioned above.

Your Vote is Your Voice! 

Whether you vote early or on Election Day, be sure you have a plan to make your voice heard this critical election season. Methane leaks are just plain wasteful, deprive royalty owners of income, and the State of needed tax revenue, in addition to contributing to climate change. Clean air and water, a healthy economy, and addressing the climate crisis are non-partisan issues. By participating in elections, you can help ensure that West Virginia prioritizes clean water, sustainable jobs, and investments in climate solutions, like reducing methane emissions.

Whether you’re a first-time voter or a seasoned pro, our friends at TogetherWV have the resources you need to ensure your vote counts in 2024 here:  https://www.togetherwv.org/makeaplan 

Not a WV resident?  Visit https://www.vote.org/ for information and resources specific to your state.