Transcript Ristroph Hydraulic Fracturing in Alaska

Hydraulic Fracturing
in Alaska
Center for Water Advocacy
NW Tribal Water Rights Conference
Anchorage, Alaska, October 10, 2013
E. Barrett Ristroph, Esq.
Ph.D. Candidate, University of Hawaii
907.342.9090 | [email protected]
My Background
• B.S., Environmental Science; Master’s, Regional and City
Planning; J.D.
• Currently pursuing Ph.D. in climate change adaptation
planning
• Worked as attorney for 10 years
• Worked for North Slope Borough for 3.5 years on O&G
land use planning, permitting, coastal management, and
various legal issues
• Worked for conservation groups and on indigenous rights
issues for 2 years
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What is hydraulic fracturing and
why does it matter?
• Well stimulation process used to maximize O&G extraction
• Difference between fracturing in conventional and unconventional
production
• Unconventional—operations in formations that are not very permeable,
like shale, where oil and gas do not easily flow
• Increasing U.S. production
• Passed up Saudi Arabia in 2014
• Removal of export ban could increase
production
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Technorati
Bigger Footprint
• More wells, infrastructure, and roads
• More water used (1-5.5 million gal/well treatment)
• Lots of wastewater to treat (10-70% fluids go
back to surface)
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Aerial view of fracturing operations ,Texas - Amy Youngs
Potential Risks—Surface Water
and Land Contamination
• More sediments going into water
bodies
• Spills during transportation,
processing, handling, and storage
• Chemical release during blowout
• Municipal wastewater treatment
facilities may not fully treat this
waste
Penn State
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Potential Risks—Groundwater
and Soil Contamination
• Problems with the well structure can
lead to leaking fluid
• Cement may not have been sufficiently
installed
• Casing or cement may not be able to
withstand fracturing pressure
• Corrosion and wear over time
• Frack hits
• Intersections of two wells beneath the
surface
• Fluids get pushed out
Well Casing and Cement
Diagram/ Encana
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Potential Risks—Air
Quality/Climate Change
• Concentrated wells contribute to regional air quality problems,
particularly high ozone levels
• Natural gas often flared off as a waste product
• Flaring produces carbon dioxide and other air pollutants that
are harmful to air quality and climate
Bakken Shale Flaring
in North Dakota
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Night Lights of the U.S., 2012, NASA
Best Practices—Siting
• Avoid ecologically sensitive areas, surface water bodies,
surface drinking water sources, and human infrastructure
• Use buffer zones and setbacks from homes, public
buildings, schools, drinking water wells, primary aquifers,
and other water resources
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Haynesville Shale Fracturing Activity near
Shreveport, LA, by Daniel Foster
Best Practices—Public Disclosure
• Before and after fracturing treatments,
report each chemical used in the
fracturing fluid
• Give Chemical Abstract Service # of
chemical and its percent mass in
fracturing fluid
• Disclose type, chemical composition,
source of base fluid
• No trade secret exemptions
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Best Practices—Avoid Reliance
on FracFocus
•
Not equipped to handle pre-fracturing disclosures
•
Doesn’t disclose all the information that agency may require
•
Not possible for public to aggregate data
•
Are agencies reviewing data as much as they would if directly receiving it?
•
No data retention requirements
•
Lack of quality control, mistakes on website
•
Limits on ability to download large amounts of data at one time
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Other Best Practices
• Ensure well integrity prior to
fracturing
• Monitor well pressure while
fracturing
• Limit flaring and venting to smallest
amount needed for safety
Fracturing Operation by Joshua Doubek
• Use “green completions” on wells
that bring gas up to pipeline
quality
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Other Best Practices
• Keep chemicals in tanks, don’t put wastewater in open pits
• Sample groundwater before and after fracturing
• Determine depth of aquifers, ensure casing set deep
enough to protect the water
• Understand the formation (using a 3-D reservoir model) to
ensure that fractures are contained in the targeted zone
• Require adequate bonds to ensure cleanup
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Federal Law
• 2005 Energy Policy Act generally exempted fracturing from EPA’s
regulation under Safe Water Drinking Act
• In May 2014, EPA issued Advanced Notice of Proposed Rulemaking
seeking public comment on regulating under Toxic Substances Control
Act
• Per Obama’s Climate Action Plan, EPA and other agencies issued
comprehensive interagency methane strategy in March 2014 (proposed
research but not rules)
• Still waiting on final rule for BLM regulations (last draft in 2013 would
regulate fracturing on federal and Indian lands), may come out January
2015
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New Alaska State Rules
• Alaska Oil and Gas Conservation Commission
developed rules in 2013
• Initially allowed for full disclosure of chemicals
and before-and-after groundwater monitoring
• Became more limited after three rounds of
comments
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Summary of Alaska State Rules
• Operators can claim ingredients as trade secrets
• AOGCC does not verify validity
• Public must challenge in court
• Operators can get waivers from requirements
• Nothing to address flaring or improve remediation
• 3D modeling of fracturing zones not required
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Summary of Alaska State Rules
• Uses FracFocus
• Baseline groundwater
monitoring only with owner
permission
• Post-fracturing groundwater
monitoring not mandatory
FracFocus map of Alaska operations
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Comparison with Other States
• Disclosure:
•
CA requires full disclosure—operator must obtain court judgment that information is subject to
trade secret is protection
•
CO, IL, KS, PA, and TX provide chemical info to health professionals and emergency responders,
AK, MT, OH, and CA provide to health professionals
•
CO, AK, LA, OK, PA, and TX require disclosure of chemical family
•
March 2014 WY Supreme Ct. ruling: State has burden of justifying trade secrets exemptions;
narrow definition of trade secrets favoring disclosure over secrecy
• Groundwater testing: CO and WY require clear timelines for before and
after testing, PA has rebuttable presumption
• Flaring: Colorado Governor requires operators to monitor tanks and
pipelines for leaks, report large sources of methane emissions, and reduce
methane leaks into air
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What will home rule boroughs do?
• In July 2014 NY Supreme Ct. upheld two local fracturing bans
• AK has broader local home rule authority than most states—will home
rule boroughs and cities take action?
NPS
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