Hydraulic Fracturing in Alaska

Center for Water AdvocacyNW Tribal Water Rights Conference

Anchorage, Alaska, October 10, 2013

E. Barrett Ristroph, Esq.Ph.D. Candidate, University of Hawaii907.342.9090 | ebristroph@gmail.com

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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

Technorati

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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)

Aerial view of fracturing operations ,Texas - Amy Youngs

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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

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 6

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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

Night Lights of the U.S., 2012, NASA

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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

Haynesville Shale Fracturing Activity near Shreveport, LA, by Daniel Foster

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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

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

• Use “green completions” on wells that bring gas up to pipeline quality

Fracturing Operation by Joshua Doubek

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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

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

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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