Garfield County – Battlement Mesa HIA EHMS background & information

PUBLIC HEALTH

pages
Battlement Mesa HIA/EHMSBattlement Mesa Health Impact Assessment (2nd Draft) 

Table of Contents
Executive Summary
Table of Contents
Annotated Acronym Definitions

Part One: Health Impact Assessment
Preface
Regarding Ozone and Human Health
Regarding Climate Change and Human Health

1 Introduction
1.1 Antero’s Plan to Drill within the Battlement Mesa PUD
1.2 Community Concerns
1.3 Initial Responses to Community Concerns
1.4 Battlement Mesa Health Profile
1.4.1 Measures of Physical Health
1.4.2 Measures of Community Health

2 Information Gaps
2.1 Information Gaps and Implications
2.2 Remedies

3 Findings and Recommendations
3.1 Findings and Specific Recommendations from Air Quality Assessment
3.2 Findings and Specific Recommendations from Water and Soil Quality Assessment
3.3 Findings and Specific Recommendations from Traffic and Transportation Assessment
3.4 Findings and Specific Recommendations from Noise, Vibration, and Light Assessment
3.5 Findings and Specific Recommendations Related to Community Wellness
3.6 Findings and Specific Recommendations from Economic and Employment Assessment
3.7 Findings and Specific Recommendations Related to Health Care Infrastructure
3.8 Findings and Specific Recommendations from Assessment of Accidents and Malfunctions

4 Summary of Assessments on Health in Battlement Mesa
4.1 Summary of Health Assessments

5 Assessment of Health Impacts
5.1 Assessment of Air Quality on Health in Battlement Mesa
5.1.1 Air Quality and Health
5.1.2 Current Air Quality Conditions
5.1.3 What We Know and What We Do Not Know
5.1.4 Human Health Risk Assessment
5.1.5 Antero’s Best Management Practices
5.2 Characterization of the Air Quality on Health
5.3 Assessment of Water and Soil Quality on Health in Battlement Mesa
5.3.1 Water and Soil Quality Impacts on Health
5.3.2 Water and Soil Quality and Natural Gas Operations
5.3.3 Current Conditions of Water and Soil Quality
5.3.4 Antero Drilling Plans in Battlement Mesa and Water and Soil Quality
5.3.5 Characterization of the impact on Water and Soil Quality
5.4 Assessment of Transportation and Traffic on Health in Battlement Mesa
5.4.1 Traffic and Safety
5.4.2 Current Traffic Conditions
5.4.3 Antero Drilling Plans in Battlement Mesa and Traffic
5.4.4 Characterization of Traffic Impacts on Safety
5.5 Assessment of Noise, Vibration, and Light Pollution on Health in Battlement Mesa 5.5.1 Noise, Vibration, Light pollution and Health
5.5.2 Current Noise, Vibration, and Light Conditions
5.5.3 Antero Drilling Plans in Battlement Mesa and Noise/Vibration/Light
5.5.4 Characterization of Noise, Vibration and Light Impacts
5.6 Assessment of Impacts on Community Wellness
5.6.1 Community Wellness and Health
5.6.2 Natural Gas Industry and Community Wellness
5.6.3 Garfield County and Battlement Mesa during the Garfield County 2003-08 Boom
5.6.4 Current Battlement Mesa Community Amenities and Services
5.6.5 Current and Possible Anticipated Impacts to Community Wellness from the Antero Project
5.6.6 Characterization of Community Wellness Impacts
5.7 Assessment of Economic and Employment Impacts on Health in Battlement Mesa
5.7.1 Ways Economic Activity can Influence Health
5.7.2 Past Natural Gas Economic Impacts in Garfield County
5.7.3 Antero Drilling Plans in Battlement Mesa
5.7.4 Characterization of the Economy, Employment and Property Values Impacts on Health
5.8 Assessment of Impacts to Health Infrastructure in Battlement Mesa
5.8.1 Private and Public Health Services and Health
5.8.2 Current Health Infrastructure Conditions
5.8.3 Antero Drilling Plans in Battlement Mesa and Healthcare Infrastructure
5.8.4 Characterization of Healthcare Infrastructure Impacts
5.9 Assessment of Accidents and Malfunctions Impacts on Health
5.9.1 Accidents, Malfunctions and Health
5.9.2 Current Conditions for Accidents and Malfunctions
5.9.3 Antero Drilling Plans in Battlement Mesa and Accidents and Malfunctions
5.9.4 Characterization of the Impact from Accidents and Malfunctions

6 Conclusions

7 References

Part Two: Supporting Documentation
TABLES
Table 1: Identified Stakeholders
Table 2: Stakeholder Meetings
Table 3: Stakeholder Concerns and Questions
Table 4: Estimated Annual Emissions from Trucks

APPENDICES
APPENDEIX AA
1 HIA Methods
1.1 Screening
1.2 Scoping
1.3 Assessment
1.4 Recommendations
1.5 Reporting
1.6 Implementation
1.7 Evaluation

APPENDIX A: SUMMARY OF THE NATURAL GAS DRILLING PROCESS

APPENDIX B: NATURAL GAS DEVELOPMENT IN THE PICEANCE BASIN
B1 Geology
B2 Energy Development in the Piceance Basin: Past
B3 Energy Development in the Piceance Basin: Present
B4 Antero’s Plan in Battlement Mesa

APPENDIX BB
2 Site Description of the Battlement Mesa Community
2.1 The Battlement Mesa Community
2.1.1 Parachute
2.1.2 Demography
2.1.3 Economy

APPENDIX C: BATTLEMENT MESA BASELINE HEALTH PROFILE
C1 Measures of Physical Health
C1.1 Methods
C1.1.1 Cancer Data Methods
C1.1.2 Inpatient Hospital Diagnoses Data Methods
C1.1.3 Mortality Data Methods
C1.1.4 Birth Outcomes Data Methods
C1.2 Population/Demographics
C1.3 Vulnerable populations
C1.4 Cancer, Death, Birth, Hospital Inpatient Data
C1.4.1 Cancer Data
C1.4.2 Inpatient Hospital Diagnoses Data
C1.4.3 Mortality Data
C1.1.4 Birth Outcome Data
C.1.5 Health Data Gaps/Limitations
C1.5.1 Cancer data
C1.5.2 Inpatient hospitalization data
C1.5.3 Mortality Data
C1.5.4 Birth Data
C1.6 Conclusions for Physical Health
C2 Measures of Community Health
C2.1 Education/School Enrollment
C2.2 Crime
C2.3 Mental Health, Substance Abuse and Suicide:
C2.4 Sexually Transmitted Infections
C2.5 Limitations of Social Determinants of Health
C2.6 Summary and Conclusions for Social Determinants of Health

APPENDIX D: HUMAN HEALTH RISK ASSESSMENT*

*This is a very large file. If you have trouble opening it, please send an email to jrada@garfield-county.com to have this document sent by email to you. Also, a browser issue may block the file from opening – click here for a fix.

APPENDIX E: COMMENTS ON SEPTEMBER 2010 DRAFT HEALTH IMPACT ASSESSMENT*

*This is a larger file and may not download without high speed internet. Please access through above recommendations if needed.

APPENDIX F: RESPONSE TO COMMENTS ON SEPTEMBER 2010 DRAFT HEALTH IMPACT ASSESSMENT

Figures
Figure 1: Locations of Proposed Well Pads within the Battlement Mesa Planned Unit

Attachments
Attachment 1: BCC letter
Attachment 2: Surface Use Agreement

resources

ENVIRONMENTAL ADVOCATES OF NEW YORK–A Fracking To-Do List

ENVIRONMENTAL ADVOCATES OF NEW YORK.

 

March 7, 2011

A Fracking To-Do List

Last week, Environmental Advocates of New York rolled out our “fracking to-do list” for state leaders and lawmakers at a briefing in the state capital. Hydraulic fracturing, often called “fracking,” is an environmentally dangerous technique used to extract natural gas from underground shale deposits. We’re worried about all phases of the drilling process—the impact of the withdrawal of millions of gallons of water from area lakes, rivers, and streams, the toxic chemicals used in fracking fluids and their potential to leach into drinking water, and the state’s ability to treat and dispose of fracking wastewater, particularly when it’s radioactive.

Fracking has poisoned waterways from Wyoming to Pennsylvania. Our to-do list is comprehensive and designed to safeguard the health and safety of New York’s drinking water. Here’s what we want state leaders to do:

  • Pass legislation that will protect water resources and establish a regulatory permitting program to oversee large water withdrawals statewide.
  • Regulate fracking fluids by requiring the gas industry to disclose the chemical components in fracking fluids and prohibit the use of fluids that pose a risk to human health. New York’s environmental regulator shouldn’t be allowed to issue drilling permits until such regulations are adopted.
  • Close the hazardous waste loophole in current state law and require that all fracking wastewater that meets the definition of hazardous waste be considered hazardous for the purpose of transport and treatment.
  • Revise the state’s draft drilling plan and release it only when it’s ready and not a minute before. An Executive Order requires the Department of Environmental Conservation to update their draft plan on or about June 1st of this year.
  • Improve the plan so it updates and revises drilling regulations and include a cumulative impact analysis that addresses the worst-case scenario of up to 2,500 wells per year.

At the briefing, Susan Christopherson, the J. Thomas Clark Professor of City & Regional Planning at Cornell University, discussed the potential economic impacts of fracking for New York’s communities. Professor Christopherson’s research on fracking shows that individual New Yorkers may stand to benefit, but that the costs to local government are significant. Depending on the pace and scale of drilling, local governments may not have the capacity to respond to new demands.

New York is a battleground in the national debate about natural gas drilling and fracking. Drilling-related accidents across the country have contaminated drinking water, created air quality hazards and violations, and polluted streams.

Click here to see our own Katherine Nadeau interviewed about our fracking on Your News Now
.

Click here to read The New York Times‘ recent groundbreaking series, “Drilling Down,” on the dangers of fracking.

 

United States, Energy & Natural Resources, Superior Court Interprets Oil and Gas Lease in Favor of Landowners – Schnader Harrison Segal & Lewis LLP – 03/03/2011, Energy Law, Oil, Gas & Electricity

United States, Energy & Natural Resources, Superior Court Interprets Oil and Gas Lease in Favor of Landowners – Schnader Harrison Segal & Lewis LLP – 03/03/2011, Energy Law, Oil, Gas & Electricity.

United States: Superior Court Interprets Oil and Gas Lease in Favor of Landowners

03 March 2011

With the recent increase in activity in the oil and gas industry in Pennsylvania, disputes between developers and landowners over the interpretation of oil and gas leases are inevitable. In its most recent opinion on the subject, the Pennsylvania Superior Court held that landowners properly terminated leases where the developer had not commenced drilling by the end of the primary term of the lease. In so holding, the Court concluded that continued delay rental payments after expiration of the primary term did not extend the term of the lease.

In Hite v. Falcon Partners, et al., 2011 WL 9632 (January 4, 2011), the landowners had entered leases with a developer in December 2002 and October 2003. The leases contained the following provision, which identified a primary term and also incorporated a traditional habendum clause (providing that lease term continues “so long thereafter” as oil or gas is produced) and a delay rental clause:

3. Term. Lessee has the right to enter upon the Property to drill for oil and gas at any time withinone [sic] (1) year from the date hereof and as long thereafter as oil or gas or either of them is produced from the Property, or as operations continue for the production of oil or gas, or as Lessee shall continue to pay Lessors two ($2.00) dollars per acre as delayed rentals, or until all oil and gas has been removed from the Property, whichever shall last occur.

Drilling never commenced on the property; instead, the developer (and its assignees) continued to pay delay rentals to the landowners for a period of five years. After obtaining offers from other developers and complying with the right of renewal clauses in the leases, the landowners declared that the leases were terminated.

The Court first reviewed the history of oil and gas lease interpretation in Pennsylvania stretching back to the 19th century. In reviewing this history, the Court concluded that delay rental provisions “have a well settled meaning” — that is, to provide something to the landowner in lieu of royalties from production. The Court further found that these clauses “typically” are concerned with the primary term of the lease only, and it reviewed all of the reasons why such clauses typically are restricted to a lease’s primary term. Historically, the delay rentals clause was developed not only to provide some compensation to the landowner, but also to limit the period in which drilling may be delayed. If delay rentals could be used to extend a lease indefinitely, the lease essentially would be a “no term” lease and may unreasonably restrict the landowner’s ability to use or transfer the land.

Based on this history, the Court concluded, “[t]o find as Falcon urges, that it may pay delay rental indefinitely, thereby denying Plaintiffs the opportunity to reap the financial benefits of actual production, would be contrary to the decisions of our Courts, at odds with the presumed intention of the parties in executing the leases in the first place, and in stark contrast to the clear opinion of the courts of Pennsylvania that the obligation to pay delay rentals is intended to ‘spur the lessee toward development.'”

Although the Court based its decision on a long line of cases interpreting oil and gas leases, the clause at issue in this case was not a typical clause. The standard oil and gas lease has been modified many times over the years, but most modern leases include habendum and delay rental clauses that are separate and apart from the clause which defines the primary term of the lease. In this case, all these clauses were combined into one “term” clause. As a result of this structure, the lease could have been interpreted in a different manner. In particular, the Court could have found that, because the delay rental clause was included in the same clause that defined the primary term, the parties intended for the delay rentals to extend the primary term.

Interestingly, the Court stated that the unusual lease language compelled its decision: “Specifically, the language pertaining to the one year primary term and the delay rental due on an annual basis, used in conjunction, is not typical, and, as we will explain, require us to affirm the lower court’s summary judgment in Plaintiffs’ favor.” To the contrary, however, the Court’s decision appears to be based not on the specific language of the lease, but on the historical interpretation of oil and gas leases generally. Even if the Court focused on the specific language at issue, it would have been very reluctant to issue a ruling that would allow a developer to extend the primary term indefinitely, at least absent the clear intent of the parties.

This decision suggests that the courts may focus less on the specific language of a particular lease and more on the principles underlying the development of modern oil and gas leases. While this may provide more consistency for landowners and the oil and gas industry, it may make it more difficult to deviate from standard lease constructions unless the parties’ intentions are spelled out clearly in the lease.

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Gas Drillers Recycle Wastewater, but Risks Remain – NYTimes.com

FOIL and leaked documents

Gas Drillers Recycle Wastewater, but Risks Remain – NYTimes.com.

Gas Drillers Recycle Wastewater, but Risks Remain

Jessica Kourkounis for The New York Times

Carl Orso, a truck driver, filled a beaker with wastewater from a natural gas drilling site for testing before unloading at Eureka Resources, a waste water treatment facility, in Williamsport, Penn.

As drilling for natural gas started to climb sharply about 10 years ago, energy companies faced mounting criticism over an extraction process that involves pumping millions of gallons of water into the ground for each well and can leave significant amounts of hazardous contaminants in the water that comes back to the surface.

Drilling Down

An Imperfect Solution

Articles in this series examine the risks of natural-gas drilling and efforts to regulate this rapidly growing industry.

Multimedia

Jessica Kourkounis for The New York Times

Carl Orso checked the progress as he offloaded wastewater from a natural gas drilling site at Eureka Resources, a wastewater treatment facility, in Williamsport, Penn.

So, in a move hailed by industry as a major turning point, drilling companies started reusing and recycling the wastewater.

“Water recycling is a win-win,” one drilling company, Range Resources, says on its Web site. “It reduces fresh water demand and eliminates the need to dispose of the water.”

But the win-win comes with significant asterisks.

In Pennsylvania, for example, natural-gas companies recycled less than half of the wastewater they produced during the 18 months that ended in December, according to state records.

Nor has recycling eliminated environmental and health risks. Some methods can leave behind salts or sludge highly concentrated with radioactive material and other contaminants that can be dangerous to people and aquatic life if they get into waterways.

Some well operators are also selling their waste, rather than paying to dispose of it. Because it is so salty, they have found ready buyers in communities that spread it on roads for de-icing in the winter and for dust suppression in the summer. When ice melts or rain falls, the waste can run off roads and end up in the drinking supply.

Yet in Pennsylvania, where the number of drilling permits for gas wells has jumped markedly in the last several years, in part because the state sits on a large underground gas formation known as the Marcellus Shale, such waste remains exempt from federal and state oversight, even when turned into salts and spread on roads.

When Pennsylvania regulators tried to strengthen state oversight of how drilling wastewater is tracked, an industry coalition argued vehemently against it. Three of the top state officials at the meeting have since left the government — for the natural-gas industry.

One executive at a drilling wastewater recycling company said that for all the benefits of recycling, it was not a cure-all.

“No one wants to admit it, but at some point, even with reuse of this water, you have to confront the disposal question,” said Brent Halldorson, chief operating officer of Aqua-Pure/Fountain Quail Water Management, adding that the wastewater has barium, strontium and radioactive elements that need to be removed.

Mr. Halldorson emphasized that he had not seen high radioactivity readings at the plant he operates in Williamsport, Pa. He said he firmly believed in the benefits of recycling — to reduce the waste produced and water used and to help promote a shift toward natural gas, which burns cleaner than coal for producing electricity.

“But there still needs to be a candid discussion, and there needs to be accountability about where even the recycled wastewater is going,” Mr. Halldorson added.

More than 90 percent of well operators in Pennsylvania use this process, known as hydrofracking, to get wells to produce. From 10 percent to 40 percent of the water injected into each well resurfaces in the first few weeks of the process.

Many states send their drilling waste to injection wells, for storage deep underground. But because of the geological formations in Pennsylvania, there are few injection wells, and other alternatives are expensive. So natural-gas well operators in the state have turned to recycling.

“The technical breakthroughs that have allowed us to lead the nation in water recycling are complemented by a carefully orchestrated water-management system, involving a combination of on-site and off-site treatment, depending on specific geography and economics,” said Kathryn Klaber, president of the Marcellus Shale Coalition, an industry trade group.

Developing Natural Gas in the Marcellus and other Shale Formations is likely to Aggravate Global Warming–Mar. 15, Cornell U.

Developing Natural Gas in the Marcellus and other Shale Formations is likely to
Aggravate Global Warming

Presenters: Bob Howarth, Renee Santoro, and Tony Ingraffea

Department of Ecology & Evolutionary Biology and
School of Civil and Environmental Engineering
Cornell University

Tuesday, March 15, 2011
12:00 – 1:00 pm
205 Thurston Hall, Cornell University

Open to the public

Drilling for Natural Gas: Rewards and Risks | The Diane Rehm Show from WAMU and NPR

Drilling for Natural Gas: Rewards and Risks | The Diane Rehm Show from WAMU and NPR. 3-1-11

 
Drilling for Natural Gas: Rewards and Risks
http://thedianerehmshow.org/shows/2011-03-01/drilling-natural-gas-rewards-and-risks

* Comments (2)
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Tuesday, March 1, 2011 – 10:06 a.m.
* 10:06 a.m. (ET) Drilling for Natural Gas: Rewards and Risks
* 11:06 a.m. (ET) Environmental Outlook: Light Bulbs

The jack-up rig Rowan Gorilla III is loaded on to the semi-submersible heavy
lift ship Triumph in Halifax harbor Saturday, Jan. 8, 2011. The rig was drilling
on the Deep Panuke natural gas development offshore Nova Scotia.
AP Photo/The Canadian Press, Andrew Vaughan
Drilling for Natural Gas: Rewards and Risks
More sophisticated drilling techniques are unlocking this country’s enormous
reserves of natural gas. But many say environmental concerns – including
radioactive waste water – have yet to be fully addressed. Efforts to reduce the
risks of extracting natural gas.
The state of Pennsylvania is in the forefront of the current rush to extract
natural gas, and it also seems to be in the middle of an increasingly
contentious debate over related environmental risks. The process of extracting
natural gas involves forcing millions of gallons of water deep into the earth to
break up rock and release the gas. Environmentalists say that in some states,
including Pennsylvania, this waste water which is often laden with heavy salts
and naturally occurring radioactive materials is being improperly discharged
into rivers and streams. Please join us for conversation on the risks and
rewards of drilling for natural gas.
Guests
John Quigley
former secretary Pennsylvania’s Department of conservation and Natural Resourses
Ian Urbina
reporter, NY Times
Tony Ingraffea
Dwight C. Baum Professor of Engineering
Weiss Presidential Teaching Fellow
Cornell University
Kathryn Klaber
president, Marcellus Shale Coalition
Amy Mall
policy analyst, Natural Resources Defense Council
John Hanger
former Secretary of the Pennsylvania Department of Environmental Protection.

Hinchey Press Release on SDWA 2-26-11

For Immediate Release 

February 26, 2011

Contact: Mike Morosi 

202-225-6335 (office)

202-407-3787 (cell)


Hinchey: Feds Should Immediately Take Action to Protect Drinking Water from Radioactive Hydrofracking Waste, Congress Must Untie EPA’s Hands, Eliminate Natural Gas Industry Exemption from Safe Drinking Water Act

Washington DC A New York Times article entitled “Regulation Is Lax for Water From Gas Wells” revealed that toxic wastewater byproducts of hydraulic fracturing, a drilling technique used to obtain natural gas, can contain radioactive contaminants at levels hundreds or even thousands of times the maximum allowed by federal standards for drinking water. In reaction, Congressman Maurice Hinchey (D-NY) released the following statement.

Hinchey co-authored the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act to eliminate the so-called 2005 Halliburton exemption, which prevents the Environmental Protection Agency from regulating fracking through the Safe Drinking Water Act. The legislation would also require the disclosure of chemicals used in the hydraulic fracturing process. Hinchey is also the author of language that initiated an ongoing EPA study to determine the environmental impacts of the drilling technique.

“The news that radioactive waste from the hydraulic fracturing process is being sent through wastewater treatment plants unequipped to handle it and then dumped into rivers and streams that supply drinking water to millions of people is alarming and must be immediately addressed. This story shows that the risks associated with this drilling technique are far too unknown and the current regulatory framework is far too limited to protect drinking water and the general public.

“Congress must take action to untie the hands of the Environmental Protection Agency, allowing it to assert proper oversight of the full life-cycle of the hydraulic fracturing process by repealing the egregious exemptions that this industry enjoys from our nation’s most important environmental safeguards. I will be introducing legislation in the near future to do just that.

“The EPA should immediately begin requiring states to monitor radioactivity levels at all drinking water intakes that are in close proximity to sewage treatment plants that accept natural gas drilling wastewater.

“We can’t afford to take the ‘wait and see’ approach when it comes to radioactive, carcinogenic materials contaminating drinking water. Now is the time for all those who care about the safety of America’s drinking water supplies to step up to the plate and protect it for future generations.”

###

February 26, 2011

Markey letter to EPA re NYT Expose

Markey letter to EPA re NYT Expose markeyepa.pdf (application/pdf Object).

Natural Gas Industry Rhetoric Versus Reality-Brendan DeMelle

Brendan DeMelle | Natural Gas Industry Rhetoric Versus Reality.

25 February 11

Natural Gas Industry Rhetoric Versus Reality

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As the recent natural gas industry attacks on the Oscar-nominated documentary Gasland demonstrate, the gas industry is mounting a powerful PR assault against journalists, academics and anyone else who speaks out against the dangers of hydraulic fracturing and other threats to public health and the environment from shale gas development. DeSmogBlog has analyzed some of the common talking points the industry and gas proponents use to try to convince the public and lawmakers that fracking is safe despite real concerns raised by residents living near gas drilling sites, whose experiences reveal a much more controversial situation.

DeSmogBlog extensively reviewed government, academic, industry and public health reports and interviewed the leading hydraulic fracturing experts who challenge the industry claims that hydraulic fracturing does not contaminate drinking water, that the industrial fracking fluids pose no human health risk, that states adequately regulate the industry and that natural gas has a lighter carbon footprint than other fossil fuels like oil and coal.

Below are ten of the most commonly repeated claims by the industry about the ‘safety’ of hydraulic fracturing and unconventional natural gas development, along with extensive evidence showing their claims are pure rhetoric, and not reality.
Natural Gas Rhetoric Vs. Reality

1.    RHETORIC: There has never been a proven instance of drinking water contamination caused by hydraulic fracturing.

REALITY: This statement, repeatedly used by industry and pro-drilling groups, is highly misleading.

There is no doubt that water contamination has resulted from natural gas drilling practices. The actual cause of contamination can vary from case to case, and it is often difficult to conclusively determine the exact cause. Therefore, no natural gas drilling practice, including hydraulic fracturing, can be ruled out categorically.

This is an example of a typical PR trick, where industry uses highly specific language to deliberately mislead the public and to discredit the citizens whose drinking water has been ruined by contamination.
By crafting its argument around hydraulic fracturing specifically and not natural gas drilling more generally, industry is hiding behind technicalities to obscure its documented role in contaminating drinking water supplies.  It is referring only to a precise moment that occurs within a much larger industrial process.

Attributing groundwater contamination to the specific moment of hydraulic fracture is difficult to conclusively ‘prove’ because the process occurs thousands of feet underground, where it is difficult to track the exact migration of the chemicals and gasses involved.

The Houston Chronicle has noted industry’s use of this tactic, reporting that, “industry officials say few such incidents have been tied conclusively to hydraulic fracturing and that they are more likely isolated accidents involving other parts of drilling operations.” [emphasis added]

In fact, natural gas operations, especially hydraulic fracturing projects in unconventional gas deposits, have been linked to numerous instances of water contamination. For example, the Colorado Oil and Gas Conservation Commission confirmed that natural gas drilling directly caused the methane contamination of drinking water in Colorado, but could not definitively confirm the contamination was the direct result of hydraulic fracturing.

There are numerous aspects of drilling which may contribute to drinking water contamination, including spills, accidents, well blowouts, faulty cement jobs, and the improper transport, processing and storage of wastewater and drilling muds. Hydraulic fracturing in unconventional gas deposits requires vast amounts of water, and entails intensive drilling methods, and high-pressure injections – risky processes that increase the probability of accidents that could affect water supplies.

For numerous examples of water contamination related to natural gas drilling see reports from the Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, the Natural Resources Defense Council, the Environmental Working Group, ProPublica, Earthworks Oil and Gas Accountability Project, the Arkansas Public Policy Panel, and the New York Riverkeeper.

2.    RHETORIC: Hydraulic fracturing is a proven method successfully applied in millions of gas wells for over 60 years.

REALITY: Again, this assertion leaves a false impression that industry has used the same fracking technique for six decades, when in fact the current hydraulic fracturing practices used in unconventional gas recovery have evolved greatly from the original methods employed 60 years ago. The reality is that the industry has less than ten years’ experience with high-volume slick water hydraulic fracturing.

According to recent testimony by Dr. Anthony Ingraffea, a hydraulic fracturing expert from Cornell University, the current fracturing technology is “surprisingly, relatively new. There are four elements of that new technology, and they did not come together in the United States until about eight years ago. So this is not the hydraulic fracturing of the 1950s, 1960s, and 1970s. It’s not conventional gas development of that era. It’s a relatively new combined technology. … When industry says that they’ve had vast experience, 60 years of experience, with hydraulic fracturing, what they fail to say is that they’ve had fewer than 10 years of experience on a large scale using these unconventional methods to develop gas from shale.” [emphasis added]

The scope and scale of modern hydraulic fracturing operations in unconventional plays are much greater than the way the technology was used decades ago.

These drastic differences include:

•    Significantly higher amounts of water (and water pressure) used in each fracture, up to 7.8 million gallons per well. This represents 50 to 100 times the amount needed in conventional gas wells. Each well is capable of being fractured multiple times, in some cases, as many as 20 times. Post extraction procedures, such as refining and transport, can use an additional 400 million gallons of water each day.
•    Horizontal drilling is employed in about 90% of unconventional gas wells in the U.S. Horizontal drilling techniques allow lateral access to deposits thousands of feet underground. This recent technological advancement is what has made harvesting unconventional deposits profitable, and accounts for the increase in drilling pressure, up to 13,500 psi.
•   The chemical components of fracturing fluids are constantly evolving and research has shown a number of them to be extremely toxic to human and environmental health. Given the high volumes of water necessary for each fracture job, enormous amounts of chemicals are required, up to 20 tons per 1 million gallons of water used.
3.    RHETORIC: The water contamination featured in Gasland and investigated by journalists from ProPublica are instances of preexisting methane contamination from other sources. Hydraulic fracturing for natural gas occurs thousands of feet below water bearing aquifers and could not possibly be their source of contamination.

REALITY: The natural gas industry commonly raises this point to delegitimize concerns of water contamination due to drilling operations. Without baseline testing prior to the commencement of drilling – a critical protection not yet mandatory in any state – industry can continue to claim that contaminants subsequently identified in nearby water wells are “naturally occurring.”

Drilling operations can enable methane to contaminate water through “disturbances of previously blocked migration paths through joint sets or faults, or by puncturing pressurized biogenic gas pockets and allowing migration through an as-yet un-cemented annulus, or through a faulty cement job.” Faulty cement jobs can allow natural gas, fracturing fluids and contaminated flowback water to travel alongside the wellbore to nearby drinking water aquifers.

EPA scientists confirmed methane and other contaminants were responsible in a Fort Worth, Texas water contamination incident linked to gas drilling operations. Based on contamination incidents in Garfield County, a report by hydrogeologist Geoffrey Thyne gives an account of how methane migration can and has occurred.

The presence of methane in drinking water is a serious danger.  Methane will evaporate quickly from drinking water and is explosive when trapped in confined structures such as homes. Immediate effects of inhalation are dizziness and headaches. At high enough levels methane can act as an asphyxiant causing suffocation by displacing available oxygen. Instances of oxygen depravity can lead to hypoxia, where there is a lack of oxygen to sustain life, and can lead to nausea, brain damage and eventually death.

The presence of methane does not account for the issue of toxic chemicals from fracturing fluids in drinking water. Baseline testing, which is not yet mandatory in any state, would establish the quality of drinking water before drilling and would prevent operators from falsely claiming that ‘contamination occurred prior to drilling’ in instances where that is not the case.

4.    RHETORIC: The natural gas industry and its use of hydraulic fracturing are – and have always been – “aggressively regulated” by the states.

REALITY: State public health and safety agencies have failed to keep pace with the industry’s aggressive experimentation with new drilling technologies and the rapid expansion of unconventional gas development.

Existing standards and protections for public health and the environment vary widely from state to state, and have not been reconciled with the rapidly evolving technology. According to Earthworks, reporting requirements are often scant in gas producing states, and companies do not have to report detailed information on drilling chemicals, the amount of fluids remaining in the ground after injection, or whether fractures remain within targeted areas. In some states, companies do not have to monitor water quality when drilling near sources of drinking water.

An Environmental Working Group report describes state officials as largely ‘oblivious’ to what companies are injecting into the ground during hydraulic fracturing operations and at times appearing to misinterpret the Safe Drinking Water Act, particularly concerning the use of diesel.

In fact, a recent congressional investigation into the illegal use of diesel in hydraulic fracturing operations found that state agencies had little knowledge that companies were using diesel without permits (and in violation of the Safe Drinking Water Act). Between 2005 and 2009, over 32 million gallons of diesel and fracturing fluids containing diesel were used illegally in hydraulic fracturing operations, according to the investigation.

In 2010, the State Review of Oil and Natural Gas Environmental Regulations (STRONGER) demonstrated that:
•    baseline testing is not always mandatory prior to drilling activities;
•    cement job logs are not always maintained by operators;
•    potential underground migration pathways which could act as a conduit for fluid migration into groundwater, such as abandoned wells, do not have to be identified before drilling in all states;
•    the depth of surface casings when drilling near groundwater do not have to be included in drilling permit applications to ensure groundwater protection;
•    not all states have adequately addressed how information on fracturing chemicals will be made available to medical responders in the event of an emergency;
•    not all operators are required to notify state officials when drilling operations will commence;
•    waste storage and pits do not always undergo inspection or certification.

EPA investigations have faulted state officials for inadequate response to concerns over drinking water contamination due to gas drilling. Public health and safety protections, whether state or federal, are only truly effective with comprehensive monitoring and enforcement before, during, and after drilling operations.

The Council of Scientific Society Presidents has also warned that natural gas derived from hydrofracking shales is “another area where policy has preceeded adequate scientific study.”

A geological engineering expert interviewed by DeSmogBlog cautioned that “it is important to make sure that regulatory agencies can do their jobs independently and are not ‘captured’ by industry or placed under undue political pressure by our elected representatives.”

5.    RHETORIC: Hydraulic fracturing has not been made exempt from the Safe Drinking Water Act because it was never regulated under it in the first place.

REALITY: Energy In Depth’s suggestion that hydraulic fracturing has not been made exempt from the Safe Drinking Water Act is erroneous. The exemption of hydraulic fracturing from EPA authority via the “Halliburton Loophole” in the 2005 energy bill is well documented.

The Safe Drinking Water Act has always covered the “subsurface emplacement of fluid” within the Underground Injection Control (UIC) program in order to protect underground sources of drinking water (USDWs). UIC included the processes associated with hydraulic fracturing until language was inserted into the 2005 Energy Policy Act in order to alter the definition of underground injection to mean “the subsurface emplacement of fluids by well injection” but to exclude “the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.”

The Center for American Progress released a report in 2004 accusing the Bush Administration of “altering scientific information to advance an oil and gas development practice known as ‘hydraulic fracturing.’” The report, entitled “Special Interest Takeover: The Bush Administration and the Dismantling of Public Safeguards,” details how in 2002 the EPA briefed congressional staff about the dangers of hydraulic fracturing, especially concerning benzene contamination in drinking water. The EPA, however, soon revised their position, saying fracturing would not contaminate drinking water with levels of benzene above federal standards.  EPA claimed the change in position was due to information from an ‘industry source.’ As a result, Cheney’s Energy Task Force removed any mention of these concerns from its energy plan.

The oil and gas industry also enjoys numerous other exemptions from federal oversight including the Clean Water Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund Act), the Resource Conservation and Recovery Act, the Toxic Release Inventory and the National Environmental Policy Act.

6.    RHETORIC: The chemicals used in the fracturing process are as common as household cleaning products, cosmetics and processed food ingredients. Companies are voluntarily reporting fracturing chemicals on their websites so the legal disclosure required by the FRAC Act is unnecessary.

REALITY: While natural gas companies have begun to ‘voluntarily’ report some chemicals used in fracturing on their websites, there is a lack of complete disclosure, which leaves the public and health officials in the dark about the potential health risks involved.

These website “fact sheets” do not reveal all of the chemicals used in the fracturing process, nor do they include Chemical Abstracts Service (CAS) identifier numbers which are necessary to identify the toxicity of each chemical component.

Industry only “volunteered” the partial information in an effort to deter the legally binding disclosure proposed in the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act), a measure introduced in 2009 that stalled in congressional committee after intense industry lobbying.

The lack of information regarding the chemicals used in the drilling process seriously inhibits the efficacy of contamination investigations because investigators do not know what to test for. In addition, these “fact sheets” often present the few disclosed chemicals in misleading ways, suggesting them as harmless household products, or even as ice cream ingredients.

Some of the chemicals used in the hydraulic fracturing process are known to cause cancer and organ damage, and to be disruptive to reproductive, neurological and endocrine systems.

A recent investigation revealed the unpermitted injection of more than 32 million gallons of diesel for hydraulic fracturing by numerous natural gas operators between 2004 and 2009. The use of diesel, which contains benzene (a known carcinogen), in hydraulic fracturing is illegal and in direct violation of the Safe Drinking Water Act. A report by the Environmental Working Group identifies other unregulated petroleum distillates used in hydraulic fracturing which resemble diesel that were found to have 93 times more benzene than diesel.

7.    RHETORIC: The majority of fracture fluids remain underground in the hydraulic fracturing process.

REALITY: Again, this is industry “spin” that fails to account for widespread uncertainty about the true fate of these industrial fluids.

According to Dr. Anthony Ingraffea, “The industry is fond of saying that most of what they pump down stays down. What they fail to talk about is the timeframe in which they’re counting. Typically, the returned fluid, after the fracturing process, is counted as returned fracturing fluid only during about the first week or two of flowback operations. However, all shale gas wells continue to produce fracturing fluid and brine containing heavy metals for the entire life of the well. One has to be very careful. One cannot say that on average, 50% of the fluid comes back. One has to say under what timeframe one is making that measurement. Typically, almost all of the fracturing fluid comes back during the life of the well.”

The returned fluid, once resurfaced, poses unique risks: “once the fluid comes back…it contains not only the chemicals that were put in on the way down but the material that was picked up from the shale…notably, in black shales, shales containing gas, the most dangerous of those are the heavy metals – strontium, barium, uranium, and radium – some of which are also naturally occurring radioactive materials.”

Dr. Theo Colborn of The Endocrine Disruption Exchange (TEDX) reports that once drilling is complete, produced water continues to surface for the life of the well for 20 to 30 years.

A 2009 Department of Energy report suggested that between 30 and 70 percent of fracking fluids remain underground, however the DOE noted the uncertainty of determining the exact fate of the fluids: “it is not possible to unequivocally state that 100% of the fracturing fluids have been recovered or to differentiate flow back water from natural formation water.”

8.    RHETORIC: In 2004 the EPA’s study on hydraulic fracturing concluded that the process posed no real threat to drinking water. The current EPA studies, the first regarding human health and drinking water due in 2012 and the second considering the lifecycle of natural gas drilling operations due in 2014, are redundant.

REALITY: The 2004 EPA study has been widely discredited by scientists and independent experts (and EPA’s own scientists) for failing to test water in contaminated areas.  The study’s objectivity was compromised by direct industry pressure throughout the course of the study, presenting a clear conflict of interest.

In 2000, the EPA began a study to determine the risks posed to drinking water by hydraulic fracturing.  This controversial study, completed in 2004, concluded that hydraulic fracturing in coalbed methane “poses little or no threat to drinking water.” This study was largely used to justify the “Halliburton Loophole” exemption and is still currently cited by the gas industry to assert the safety of hydraulic fracturing and to deny allegations of water contamination.

The study has since been discredited after widespread criticism from independent exerts, as well as internal criticism among EPA scientists who noted the faulty study neglected to test water samples in contaminated areas. Both EPA and independent experts noted the study was compromised due to the involvement of industry groups who were consulted throughout the process, posing a clear conflict of interest.

The study was also extremely limited in scope, focusing solely on coalbed methane fracturing and the potential for the underground migration of chemicals through rock layers. After the report was released, EPA scientist Weston Wilson cautioned Colorado representatives that “based on available science and literature, EPA’s conclusions are unsupportable.”

In late 2009, the EPA was congressionally mandated to launch a new investigation into hydraulic fracturing. In March 2010, the EPA announced that the report was to address more extensively the threats posed by hydraulic fracturing to drinking water and human health.

In June 2010, the EPA Science Advisory Board endorsed additional research into the lifecycle of hydraulic fracturing and the potential impacts on drinking water.  This study will include a focused review of the potential impacts on drinking water, ten in-depth case studies conducted across the U.S., and will include stakeholder participation throughout the research. The proposed research includes an increased scope of study including water acquisition, frac fluid mixing, hydraulic fracturing, post-fracturing, and flowback and wastewater management. The initial results of the study are due in 2012 and the full report is due in 2014.

9.    RHETORIC: Natural gas has a lighter carbon footprint than other fossil fuels such as oil or coal.

REALITY: Although gas burns cleaner than coal and oil, the extraction, the processing and transport of natural gas emit large amounts of methane, a potent greenhouse gas (GHG). Methane has a global warming potential 21 times greater than carbon dioxide on a 100-year scale, and 72 times greater than carbon dioxide on a 20-year scale. A recent, ongoing Cornell analysis suggests the footprint of shale gas may be 1.2 to 2.1-fold greater than coal’s on a 20-year timeframe.

Recently the EPA drastically increased estimates of methane leakage from the natural gas industry.  The revised figures estimate emissions from unconventional natural gas operations at 9,000 times higher than previous estimates. Yet, due to inadequate data regarding unconventional natural gas extraction from resources such as shale gas, the EPA maintains that these revised figures likely underestimate the total amounts.

Professor Robert Howarth and colleagues from Cornell University, using EPA estimates of methane leakage from natural gas operations, puts natural gas ahead of coal in terms of GHG emissions. The EPA recently estimated that fugitive methane from the petroleum and natural gas sector equals the annual equivalent of 40 million passenger cars.

10.     RHETORIC: In some states like Pennsylvania, much of the wastewater from hydraulic fracturing is recycled. Where wastewater is not recycled, it is safely injected into underground wells.

REALITY: Wastewater recycling in the U.S. is still in its infancy, and has been plagued with problems. A Halliburton manager Ron Hyden put it succinctly in a newspaper interview: “We’re still in the infancy of trying to figure out how to recycle the water.”

Standards for “recycling” wastewater vary according to operations and in some states recycling is not practiced at all. Recycling of wastewater usually involves either the reuse of flowback water for additional hydraulic fracturing operations, or treatment where water is separated from contaminants. In the latter case, the remainder is a highly concentrated mixture of hazardous chemicals, salts and in some cases, radioactive materials, which must be disposed of properly.

The reuse of flowback water in hydraulic fracturing operations poses a threat to underground sources of drinking water, in much the same way that injection of waste fluids in disposal wells poses such a threat and is therefore regulated by EPA under the Safe Drinking Water Act (UIC program). In Ohio, for example, wastewater cannot be reinjected for use in hydraulic fracturing due to water contamination concerns.

There are public health concerns that disposal by means of underground injection will result in “creating yet another potential source of extremely toxic chemical contamination.” Some states require companies to demonstrate that the disposal injection will not escape target zones or contaminate fresh water aquifers (e.g. New York).

A recent report by the Arkansas Public Policy Panel notes that the underground injection of waste can threaten drinking water sources through:
•    the injection of waste above aquifers;
•    leakage between unconfined beds;
•    leakage due to hydraulic fracturing or faults;
•    upward migration of waste along well casings;
•    migration due to cement failures;
•    migration through preexisting pathways such as abandoned wells;
•    migration due to injection pressures or geologic shifts.

Geologists suspect that a recent scourge of earthquakes in Guy, Arkansas may be connected to underground injection of fracking wastewater for disposal.


Additional research and reporting by DeSmogBlog contributors Carol Linnitt and Emma Pullman.
Stay tuned for more of DeSmogBlog’s research on fracking and gas industry distortions.

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What’s next?

Regulation Lax as Gas Wells’ Tainted Water Hits Rivers – NYTimes.com

Regulation Lax as Gas Wells’ Tainted Water Hits Rivers – NYTimes.com.

Drilling Down FOIA and Leaked Documents – United for Action: Volunteer activists protecting human health and the environment from hydraulic fracturing in gas drilling a.k.a. fracking, hydrofracking (based in New York).

Drilling Down

Regulation Lax as Gas Wells’ Tainted Water Hits Rivers

 
Kevin Moloney for The New York Times

Wells for extracting natural gas, like these in Colorado, are a growing source of energy but can also pose hazards.

The American landscape is dotted with hundreds of thousands of new wells and drilling rigs, as the country scrambles to tap into this century’s gold rush — for natural gas.

Drilling Down

The Waste Problem

Articles in this series will examine the risks of natural-gas drilling and efforts to regulate this rapidly growing industry.

Multimedia
Todd Heisler/The New York Times

Thousands of wells like this one outside Pittsburgh extract gas by injecting huge amounts of water.

The gas has always been there, of course, trapped deep underground in countless tiny bubbles, like frozen spills of seltzer water between thin layers of shale rock. But drilling companies have only in recent years developed techniques to unlock the enormous reserves, thought to be enough to supply the country with gas for heating buildings, generating electricity and powering vehicles for up to a hundred years.

So energy companies are clamoring to drill. And they are getting rare support from their usual sparring partners. Environmentalists say using natural gas will help slow climate change because it burns more cleanly than coal and oil. Lawmakers hail the gas as a source of jobs. They also see it as a way to wean the United States from its dependency on other countries for oil. 

Click on link above for full story!