The Fracking Debate: A Policymaker’s Guide

The Fracking Debate: A Policymaker’s Guide.

The Fracking Debate: A Policymaker’s Guide

Content Items

  • Hydraulic Fracturing: The 2012 Debate
    • Domestic Resource and Production Projections
    • Low and Stable Prices, for Now
    • Economic Benefits: Impact Studies and Their Omissions
    • Public Health and Environmental Concerns
  • States Take Action: The Balancing Act
    • 2012 Legislative Trend Overview
  • State Policy Actions
    • Generating Revenue
    • Increasing Transparency
    • Water Quality Protection
    • Monitoring to Improve Knowledge Base
  • Federal Action
  • Outlook
  • Appendix
  • Notes

NCSL Staff Contact

Jacquelyn Pless

drilling rrigApril 2012

By Jacquelyn Pless

Concerns about hydraulic fracturing are behind many states’ reluctance to tap the economic benefits created by natural gas development. Hydraulic fracturing—“fracking”—is an oil and gas extraction method that uses hydraulic pressure to break up rock. Millions of gallons of pressurized liquids, usually a water-based mixture of sand and chemical additives, are pumped deep underground to help release trapped gas.

This report provides an introduction to the domestic natural gas picture, explores the motivation behind state legislative involvement in fracking regulation, and summarizes state legislation that is being developed to address environmental concerns.

Hydraulic Fracturing: The 2012 Debate

Fracking allows access to previously inaccessible resources, such as shale gas, which is making up an increasingly large portion of the overall energy supply in the United States.

Combined with recent advances in horizontal drilling, the technology has opened up resources that, only a decade ago, were too expensive to develop. Some forecast that this increase in supply could sustain current U.S. consumption levels for another 90 years. Rapid expansion of hydraulic fracturing in densely populated regions where the process is unfamiliar, however, has focused attention on its potential to affect public health and the environment.

Domestic Resource and Production Projections

Cumulative natural gas production from 2010 through 2035 is projected to be 7 percent higher than expected just a year ago.1 This is mainly due to technological advances in hydraulic fracturing that now make shale gas more accessible. According to the U.S. Energy Information Administration (EIA), shale gas production alone will increase nearly threefold from 5.0 trillion cubic feet in 2010 to 13.6 trillion cubic feet in 2035. This equates to 23 percent of total U.S. dry gas production in 2010 and 49 percent of total U.S. dry gas production in 2035 (Figure 1).

The EIA expects domestic natural gas production to exceed consumption early in the next decade. By 2016, the United States is projected to become a net exporter of liquefied natural gas (LNG) and an overall net exporter of natural gas by 2021.2

Download PDF (18 page document) to access the full report.

Executive Order — Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources | The White House

Executive Order — Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources | The White House.

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to coordinate the efforts of Federal agencies responsible for overseeing the safe and responsible development of unconventional domestic natural gas resources and associated infrastructure and to help reduce our dependence on oil, it is hereby ordered as follows:

Section 1Policy.  In 2011, natural gas provided 25 percent of the energy consumed in the United States.  Its production creates jobs and provides economic benefits to the entire domestic production supply chain, as well as to chemical and other manufacturers, who benefit from lower feedstock and energy costs.  By helping to power our transportation system, greater use of natural gas can also reduce our dependence on oil.  And with appropriate safeguards, natural gas can provide a cleaner source of energy than other fossil fuels.

For these reasons, it is vital that we take full advantage of our natural gas resources, while giving American families and communities confidence that natural and cultural resources, air and water quality, and public health and safety will not be compromised.

While natural gas production is carried out by private firms, and States are the primary regulators of onshore oil and gas activities, the Federal Government has an important role to play by regulating oil and gas activities on public and Indian trust lands, encouraging greater use of natural gas in transportation, supporting research and development aimed at improving the safety of natural gas development and transportation activities, and setting sensible, cost-effective public health and environmental standards to implement Federal law and augment State safeguards.

Because efforts to promote safe, responsible, and efficient development of unconventional domestic natural gas resources are underway at a number of executive departments and agencies (agencies), close interagency coordination is important for effective implementation of these programs and activities.  To formalize and promote ongoing interagency coordination, this order establishes a high-level, interagency working group that will facilitate coordinated Administration policy efforts to support safe and responsible unconventional domestic natural gas development.

Sec. 2Interagency Working Group to Support Safe and Responsible Development of Unconventional Domestic Natural Gas Resources.  There is established an Interagency Working Group to Support Safe and Responsible Development of Unconventional Domestic Natural Gas Resources (Working Group), to be chaired by the Director of the Domestic Policy Council, or a designated representative.

(a)  Membership.  In addition to the Chair, the Working Group shall include deputy-level representatives or equivalent officials, designated by the head of the respective agency or office, from:

(i) the Department of Defense;

(ii) the Department of the Interior;

(iii) the Department of Agriculture;

(iv) the Department of Commerce;

(v) the Department of Health and Human Services;

(vi) the Department of Transportation;

(vii) the Department of Energy;

(viii) the Department of Homeland Security;

(ix) the Environmental Protection Agency;

(x) the Council on Environmental Quality;

(xi) the Office of Science and Technology Policy;

(xii) the Office of Management and Budget;

(xiii) the National Economic Council; and

(xiv) such other agencies or offices as the Chair may invite to participate.

(b)  Functions.  Consistent with the authorities and responsibilities of participating agencies and offices, the Working Group shall support the safe and responsible production of domestic unconventional natural gas by performing the following functions:

(i) coordinate agency policy activities, ensuring their efficient and effective operation and facilitating cooperation among agencies, as appropriate;

(ii) coordinate among agencies the sharing of scientific, environmental, and related technical and economic information;

(iii) engage in long-term planning and ensure coordination among the appropriate Federal entities with respect to such issues as research, natural resource assessment, and the development of infrastructure;
(iv) promote interagency communication with stakeholders; and

(v) consult with other agencies and offices as appropriate.

Sec. 3General Provisions.  (a)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(b)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department, agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,
April 13, 2012.

One analysis:

Date: Fri, 13 Apr 2012 20:58:48 -0400
> From: jr@amanue.com
> To: citizensconcernedaboutnatgasdrilling@googlegroups.com
> Subject: Re: [CCNGD] Obama to Planet: BURN BABY, BURN
>
> > Before we start blaming the POTUS once again for the ongoing affects of
> > previous GOP policies, we should ask ourselves what important budget items
> > were held hostage if the POTUS didn’t sign on to this idiocy.
>
> Well, sorry, but I don’t buy this. Obama is clearly spooked about gasoline
> prices costing him the election. So, he does this:
>
> > Today, three federal agencies announced a formal partnership to
> > coordinate and align all research associated with development of our
> > nation’s abundant unconventional natural gas and oil resources.
>
> Let’s understand what this means. The EPA has just been **STRIPPED** of its
> authority to do its own research. That fracking study that hasn’t quite
> come out yet? Well, that gets to be “coordinated”. With an “Interagency
> Working Group”. Translated into English this means: a group of
> industry-heavy politicos coordinated from the White House. If you saw the
> composition of Secretary Chu’s SEAB (Secretary of Enegry’s Advisory Board)
> — about 2/3 industry types — you’ll get a pretty good forecast of what
> this “Interagency Working Group” will look like. *BUT* it gets worse: What
> do you suppose the EPA is required to do before it can do a rulemaking? Um,
> that little thing called … research …
>
> So, here’s what this means: As far as unconventional gas is concerned, the
> EPA just got ***EVISCERATED***. It’s over. And no, Obama **DIDN’T** “have
> to” do this. And yes, we do have to call him out for it.
>
> This is a dark day. There is no other way to say it.

MSC, drillers seek to intervene in Act 13 suit

MSC, drillers seek to intervene in Act 13 suit.  Contains text of Robinson Twp v. Commonwealth of Pennsylvania

Quebec bans any fracking pending studies

Quebec bans any fracking pending studies.

Federal court deals blow to landowners in gas lease dispute | Press & Sun-Bulletin | pressconnects.com

Federal court deals blow to landowners in gas lease dispute | Press & Sun-Bulletin | pressconnects.com.

Concerns over ‘insanity’ of Shell South Africa fracking plans – CNN.com

Concerns over ‘insanity’ of Shell South Africa fracking plans – CNN.com.

Deep concern: Environmentalists question groundwater risks » Local News » The Tribune Democrat, Johnstown, PA

Deep concern: Environmentalists question groundwater risks » Local News » The Tribune Democrat, Johnstown, PA.

Are injection wells an issue in NY as well? 

Sorta under the radar here as well –
from DEC site – Brine Disposal Well Summary
first 3 are the active disposal wells, others for storage
– click on link,  then click on searchable database and hit view map for location-
I am in process today of drafting inquiry letter for reports mandated by EPA – got very vague answers last year from Linda Collart  on Quill disposal well 1800′ deep 3/4 mile from Cayuga Lake –
 “No “drilling waste” taken, migration impossible, pressure is very low, biggest problem is truck traffic.”
Yet there are two large tanks labeled PRODUCED WATER/BRINE  near that well – wouldn’t that be drilling waste?
I think one of the biggest problems is the fuzzy words thrown around by agencies – vague by design – won’t find a lot of these in glossaries of EPA nor DEC –
Brine
Formation water – naturally occurring but ‘brine’ used interchangably –
Salt  Water (TX RR commission – really.   http://www.rrc.state.tx.us/about/faqs/saltwaterwells.php
Waste Water
Frack Waste
Drilling Waste
Flowback Fluid
NG liquids
Produced Water – GAO report from Jan. 2012 –  http://www.gao.gov/assets/590/587522.pdf
synonyms all?    keep coming back to that conclusion –
 Quill disposal well town of Cayuga –
Just what and how much is going down there?
Will more Queenston wells be flipped for disposal?  There are scores  dotting Cayuga County.  Is there a public notification process for this?
Agencies make a big deal of inspections for casing standards and integrity of disposal wells – just how do construction standards of these wells really matter?  the concrete and steel WILL eventually fail.  And when the fluids are being injected into a porous layer?  nothing is containing them but the geology…(faults? fractures?  abandoned wells? )   hard to figure how these make sense at a mere 640′, 1080′  and 1800  feet deep.
If anyone knows anything please share.  Will post my query to the agencies when I finish later.  I’ve got a lot of questions.
MaryM
YouTube – Videos from this email

U.S.D.A. Won’t Review Mortgages Linked to Drilling – NYTimes.com

U.S.D.A. Won’t Review Mortgages Linked to Drilling – NYTimes.com.

The Fracking Plot Thickens: Are Gas Leases on Thin Ice? on Ecocentric Blog | Food, Water and Energy Issues

The Fracking Plot Thickens: Are Gas Leases on Thin Ice? on Ecocentric Blog | Food, Water and Energy Issues.

South Fayette authorizes lawsuit against state Marcellus law – Pittsburgh Post-Gazette

South Fayette authorizes lawsuit against state Marcellus law – Pittsburgh Post-Gazette.