Transcript Hydraulic Fracturing - School of Law | UND: University of

As the EPA Investigates Hydraulic
Fracturing’s Impact on Drinking Water
How Should the State React?
© 2011 Heather Ash
Resource Geography
 Orange  Williston Basin
 Green  Bakken
 25,000 sq. mile resource
 Blue  Three Forks
 Beneath Bakken
© 2011 Heather Ash
Source: Energy Policy
Research Foundation
Bakken Geology
A Light Tight Oil Play
 Upper Shale
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Black Organic Rich Shale
 Middle Dolomite
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Principal Resource
 Lower Shale
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Black Organic Rich Shale
Source: Energy Policy
Research Foundation
© 2011 Heather Ash
Accessing the Mid-Layer
 Horizontal Drilling:
 Conventional vertical well to kickoff
 Kickoff  500 ft above target
 Flexible drill string
 90 Degree Bend
 Horizontal Segment  10,000 ft
 Benefits:
Decreased Environmental Footprint
Increased Production
© 2011 Heather Ash
Taping the Shale
 Hydraulic Fracturing:
• Horizontal wellbore is perforated
• Fracturing fluid pumped downhole
• Water + Propant + Chemical Additives = Fracturing Fluid
• 40-100 hours of total wellbore pressurization
• Fluid pumped off of well
• Propant remains to ensure fractures do not heal
Source: DMR Newsletter
Vol. 35, No. 1
What’s the Big Deal with Fracing?
© 2011 Heather Ash
National Fracing Concerns
 Water Quality:
 Aquifer Contamination
 Errant Fractures
 Natural gas migration to
drinking water resources
 Water Use:
 Approx 5 million gallons
EPA Coalbed Methane Study: “No unequivocal evidence” of
health risks associated with hydraulic fracturing. (2004)
© 2011 Heather Ash
Impact Study Prescribed
 Congress calls upon EPA:
 Relationship between fracing and drinking water
 Full lifecycle of fracing H2O
 Retrospective case studies
 Prospective analysis
© 2011 Heather Ash
Full Industrial Cooperation
 September 2010:
 EPA issued a voluntary information requests
 Rumours of non-disclosure
 November 2010:
 8 of 9 operators comply with EPA’s request
 Halliburton refuses EPA request claiming trade secret
 December 2010:
 Halliburton voluntarily complies with EPA
© 2011 Heather Ash
North Dakota’s Sentiments 2010-2011
1) NDIC encourages formal complaint
2) NDIC spokesman indicates fracing in ND will be
abandoned if heightened regulations are imposed
3) House Bill #1216 declares fracing acceptable practice
Bill Sponsor : “It is important to have
a defensive measure in case there are
problems down the road with EPA”
Source: Rebecca Beitsch, Gov. Hoeven: Tell EPA that N.D. can Handle
Fracturing, BISMARK TRIBUNE, May 16, 2010.
© 2011 Heather Ash
Source: Chevron Texaco Corp.
Current Permitting Requirements
 N.D.A.C. 43-02-03-16
 Surveyor Certified Plat & Drill Plan:
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Drill Location
Drill Pad Layout & Well Depth
Mud, Casing & Cement Programs
Information as requested by director
© 2011 Heather Ash
Note Proposal:
 Content:
 Physical & vegetative setting of drill site
 Current land use & projected disruption
 Erosion & reclamation plans
 Benefits:
 Protects environmentally fragile areas
 Promotes evaluation of site specific concerns
 Successful Implementation:
 Colorado – Green River Basin
 Alabama – Black Warrior Basin
 Pennsylvania – Marcellus Shale
 New York – Marcellus Shale
© 2011 Heather Ash
Note Proposal:
 Benefits:
 Does not effect production numbers
 Bonds returned to operator with N.D.C.C. compliance
 Promotes safe practices and
operating procedures
 Successful Implementation:
 Pennsylvania State Parks
 Offshore Drilling Operations
© 2011 Heather Ash
NDIC Proposed Amendments 2012
 Single Well
$20,000
$50,000
 Blanket Bond
2 – 9 Wells 10+ Wells
$50,000
© 2011 Heather Ash
$100,000
2+ Wells
$100,000
Note Proposal:
 Current ND Regulations:
 Fluid Composition Disclosure:
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Offsite Spill
On-site Spill in excess of 42 gallons
 Benefits of Disclosure:
 Increased Emergency Response Capabilities
 Ability to Track Contamination
 No Added Cost to Operators
 Movement Towards Full Disclosure:
 Halliburton & Range Resources Electronic Disclosure
 Successful Implementation – Wyoming
© 2011 Heather Ash
NDIC Proposed Amendments 2012
 New Administrative Code Section:
 43-02-03-27.1 - Hydraulic Fracture Stimulation
 FracFocus Chemical Disclosure Registry:
 Operator Name
 Well Location
 Chemical Ingredients Used to Frac
 Chemical Supplier
 Purpose of Chemical Application
© 2011 Heather Ash
EPA Study Well Underway
 Science Advisory Board Approval:
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Public Meetings & Comment
Tribal and State Consultations
 Primary Prospective Test Sites:
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Haynesville Shale – Louisiana
Marcellus Shale – Pennsylvania
 Retrospective Test Sites:
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Bakken Shale - Killdeer and Dunn Counties
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© 2011 Heather Ash
Production well failures
Suspected aquifer contamination
Interim Study Results – 2012
Published Report – 2014