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Contact: Rep. Matt Gillard

Friday, May 14, 2004

Phone: (517) 373-0833

Gillard Launches Mason Tract Protection Bills

Would Set Nation’s Toughest Statewide Drilling Noise Standard

 

LANSING – At a press conference held near the banks of the Au Sable River in Grayling, State Representative Matt Gillard (D-Alpena) today unveiled an oil and gas reform package that would create the nation’s toughest statewide drilling noise limit.

The four bills introduced by Gillard would decrease the volume of industrial noise that is permissible at all new oil and gas facilities in Michigan and seek to prevent exploratory drilling on state-owned land at three of the northern Lower Peninsula’s most prized waterways and forests as well as the Mason Tract in Crawford County.

“Michigan’s environment and its economy go hand-in-hand. This plan strikes a balance between protecting public recreation and private property rights,” Gillard said. “By working together, we can ensure that the peace and tranquility of Michigan’s outdoor treasures -- our rivers, forests, lakes and streams -- are preserved for the enjoyment of future generations.”

While many individual communities across the United States have imposed industrial noise abatement standards, Gillard’s bills would make Michigan the first in the nation to enforce a uniform noise abatement code on a statewide basis.

The proposed legislation is in response to a plan by a Traverse City firm to drill for natural gas near the state-owned Mason Tract along the South Branch of the Au Sable River, regarded as one of the nation’s premier trout streams.

Included in Gillard’s Mason Tract Protection Plan is:

bulletHouse Bill 5652  – Noise and Road Standards

            Protect residents and outdoor enthusiasts from oil and gas noise by establishing a uniform           standard for new oil and gas surface facilities of 50 decibels at 100 feet. The Department  of Environmental Quality would enforce the provision. The bill further limits the width of new or improved roads on state lands necessitated by oil and gas development to 20 feet, except to provide a safe turning radius at corners or under special circumstances  approved by the DEQ. 

bulletHouse Bill 5651  – Swapping Federal Oil and Gas Rights

            The bill requires the Department of Natural Resources to immediately enter into             discussions with federal agencies that hold subsurface oil and gas rights on state land within the Mason Tract, Sand Lakes Quiet Area, Pigeon River Country management    area, and the Jordan    River Valley management area and attempt to exchange such federal rights with state oil and gas rights on federal lands.  

bulletHouse Bill 5650 – Inventory of State and Federal Oil and Gas Rights

      The bill requires the DNR to report on its efforts under HB 5651 and include an inventory  of state lands in the four areas listed above where the federal government owns oil and   gas rights; an inventory of federal lands on which the state owns oil and gas rights; a recommended   strategy for acquiring     federal oil and gas rights in the listed areas; an analysis of the prospects for swapping oil and gas rights with the federal government that  includes the key barriers to executing such swaps; and a cost estimate for a valuation analysis that would allow the DNR to gauge the value of the state’s severed oil and gas rights on federal lands to help facilitate swaps.   

bulletHouse Bill 5649 -- Using the Natural Resources Trust Fund to Acquire Severed Mineral Rights

            The bill requires the Natural Resources Trust Fund board to give priority to the purchase of severed mineral rights to state land if the board determines that the lands have recreational, environmental, or scenic importance and the uses of the land will be adversely affected by the exploration or production of subsurface minerals. The bill further requires the DNR to annually assess opportunities to acquire severed mineral rights and include those potential acquisitions in an application for funding from the trust fund. 

bulletHouse Resolution 219 – Urge Congress to align federal-state mineral rights with surface rights on public lands

      A resolution to memorialize Congress, the United States Forest Service and the Bureau of         Land Management to work with the state DNR to align mineral rights with surface rights on publicly owned lands. 

The idea of sensibly guiding future oil and gas development in Michigan’s wilderness areas is based in part on fears that loud noise and unsightly drilling operations will harm the state’s hunting, fishing and outdoor recreation industry, which according to the DNR contributes almost $8 billion annually to the state economy. An estimated 75 percent of Grayling’s local economy and labor force in Crawford County, for example, is supported by tourism spending, according to the Grayling Area Visitors Council.

“Michigan’s economic future depends on protecting our natural areas,” Gillard said.

“The oil and gas industry should respond to public concerns about the impact their business has on the quality of life in Michigan, especially if their drilling takes away jobs in communities that rely on tourism to survive. They owe it the citizens of our state to support this legislation and try to be good neighbors and stewards.” 

Savoy Energy owns the federal mineral leases on several properties in and around the Mason Tract. Savoy obtained a permit from the DEQ in 2003 to construct an exploratory well in the Huron Manistee National Forest and then “slant” drill to search for gas deposits under the Mason Tract.  A decision on whether similar permit requests by Savoy will be approved by federal regulators is expected by August of 2004.

 

 

 

 

FACT SUMMARY FOR STATE REP. MATT GILLARD’S MASON TRACT PROTECTION PLAN

 

 

bulletUnder current Michigan law, the Department of Environmental Quality is given the option of enforcing a noise standard of 45 decibels at 1,320 feet (1/4 mile) if it receives a complaint related to “noise sensitive areas.” At its peak, that volume is roughly equivalent to the sound of a personal watercraft motor operating at top speed as heard from a distance of 100 feet.

 

bulletUnder Gillard’s plan, all new oil and gas facilities must meet a noise standard of 50 decibels at 100 feet. At its peak, that volume is roughly equivalent to the hum of a kitchen refrigerator.

 

bulletAccording to the Department of Natural Resources, Michigan’s hunters and anglers contribute a combined $6.3 billion annually to our economy, excluding license fees. Non-consumptive hunters contribute $1.2 billion annually to the state economy.

 

bulletVisitors to Michigan State Parks contribute $250 million annually to the state’s economy, as well as $200 million in direct spending at nearby retail businesses.

 

bulletAccording to the World Health Organization, outdoor sound that exceeds 55 decibels begins to be a nuisance to people. The average well construction site emits 85 decibels at 50 feet and 65 decibels at 500 feet, which is approximately as loud as a chainsaw or jackhammer in use.

 

bulletThere are adverse physical and mental effects from noise. For example, prolonged periods of exposure to 65 decibels can cause mental and bodily fatigue, the World Health Organization reported.

 

bulletFurthermore, the World Health Organization noted, noise can affect the quantity and quality of sleep; cause permanent hearing damage; contribute to the development or aggravation of heart and circulatory diseases; and transform a person's initial annoyance into more extreme emotional responses and behavior.
bullet 
bulletThe Western Governor's Association (WGA) Draft Best Management Practices report concludes “control of noise levels is good practice.”  Noise in excess of 50 decibels measured 200 feet from the equipment or at a property line or an established  receptor (for example, residences, churches, schools, established campgrounds, or sensitive wildlife) “is normally unacceptable.”

 

bulletOil and gas wells, facilities, and equipment can often be cost effectively quieted by using "hospital grade" mufflers (which may be buried), sound panels (or hay bales), sound insulated buildings, and other methods. 
bullet 
bulletSome engines can operate at a constant number of revolutions per minute (RPM), which reduces the up-down noise caused by other engines, which speed up and slow down. Mufflers, like those used for automobile engines, can be used to minimize engine noise.

 

bulletNoise created by operators constantly driving in and out from the well pad to monitor well production can be mitigated using an automated monitoring system, which allows wells to be monitored remotely, e.g., from the company's office.

 

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