gas shale drilling: community and environmental impacts in new york state

8/14/2019 Gas Shale Drilling: Community and Environmental Impacts in New York State

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Gas ShaleRush: A Guide

to the LegalIssues

Community and EnvironmentalImpacts

Water Law Clinic FinalPresentation

November 30, 2009

Alexis Saba


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Expected Impacts- Noise- Air pollution- Road damage and traffic disruption

- Land conversion and visual impacts- High water use and aquifer depletion- Stress on wastewater treatment facilities

Unexpected Impacts

- Groundwater contamination- Surface water contamination- Careless operation procedure

Outline


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Expected Impacts

- Noise

- Air pollution

- Road damage and traffic disruption

- Land conversion and visual impacts

- High water use and aquifer depletion

- Stress on wastewater treatmentfacilities


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Noise

- 24 hours a day during thedrilling phase, about 4-5 weeks

- Multi-well pad may take 3 years

-Sources: Drilling rig operations Pipe handling Compressors

Operation of trucks,tractors and cement mixing

- 200-300 trucks traveling perday in some instances


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Air Pollution

DISH, TX air qualityinvestigation

- 2009 NOx and VOCemissions from allDallas-Fort Worth areaairports = 16.6 tons perday (tpd)

- Summer 2009 NOxand VOC emissions fromcompressor engines inthe Barnett Shale area= 65 tpd


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Road Damage

Denton, TXin the Barnett Shale

- About 592 one-way truck tripsper day per well

- Some weighing 100,000 lbs

NYS dSGEISEstimates

- 890-1340 truck trips for thelife of a well


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Regulations

- Municipalities caninfluence drilling byregulating local roads

- Road system integritystudy + fees formaintenance

- Road use agreement ortrucking plan, which caninclude:

Route selection Upgrades andimprovements Advance publicnotice


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Land Conversion

- Area cleared is around 5acres, or more for multi-wellpads

- Pipeline easements: ~ 30 wide for gatheringlines ~ 60 wide fortransmission lines

-Seismic lines 18-27 across

Run for miles 300-1200 apart


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Regulations

- Gathering line concerns: high environmental impact, little regulation

- NY Public Service Commission (PSC) regulates gathering lines

- PSC environmental review & communitynotification

- DEC controls Stream Disturbance Permit Article 15 permit

- Direct DEC regulation < 125 pounds per square inch (psig)pressure = siting in environmentally sensitive areas > 125 psig = permitting

- Municipalities generally preempted


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Visual Impacts

Drilling rigs: ~ 140 tall ~ 170 tall for multi-well pads

Other visual features:

Construction equipment Trucks Compressors Pipe racks Temporary work sheds Lined pits

Tank trucks holding fluids


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Visual Impacts contLong-term impacts:

Wellhead valves Meters A dehydrator A gas-water separator A brine tank

A small fire-suppression tank


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Water Use & Aquifer Depletion

- About 2.4 to 7.8 million gallons ofwater per treatment

- Dried up streams in PA

- Withdrawals in NY are unknown

Impacts of uncontrolled withdrawals: Reduced stream flow Degradation of aquatic habitat Ecosystem disruption Damage to wetlands Aquifer depletion


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Stress on

Wastewater Treatment Facilities

- Fracking wastewater can include: Brines Heavy metals Radionuclides Organics

- PA estimates: 19 million gallons ofwastewaterper dayin PA by 2011

- Trouble accommodating waste inNY

- Radioactive sludge?


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Regulations

- Municipal sewagetreatment facilities =publically ownedtreatment works(POTWs)

- Must have DEC-approvedpretreatmentprogram

- Must have a StatePollution DischargeElimination System(SPDES) permit

Other disposal methods

- Private wastewatertreatment facilities

- Disposal wells

- Out-of-stateindustrial treatmentplants

- Road spreading forbrine

- Reuse


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Unexpected Impacts

- Groundwater contamination

- Surface water contamination

- Careless operating procedure


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Groundwater Contamination

- Low probability ofcontamination?

- Aquifers in NY often within500 to 1500 of the shaleformation

- 3 million gallons of waterused produces about 15,000

gallons of chemicals in thewastewater


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Groundwater Contamination cont

Contamination can occur by:

Improper well construction and

casing

Pipe corrosion

Poor cementing

Improper disposal

Migration of fracking fluidbeyond the fracture zone


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Groundwater Contamination cont

Methane Migration in Pennsylvania

- Methane has beenfound in private water

wells

- Methane requireswater treatment andcan cause violentexplosions

- Full-time inspectorin PA

- Caused by poorcasing andcementing aroundthe well pipe

- Migrationindicates links

between gas wellsand watersystems


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Surface Water Contamination

- Cause by spills and careless operating

- Dunkard Creek die off

- High TDS levels point to drillingwastewater as cause

- Elevated TDS levels in theMonongahela River

- Reduction in wastewater at PAsewage treatment plants by 90-95%


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Careless Operating ProceduresThere are risks associated with . . . accidents every step of the way, from leakypumps and seals, to faulty well casings - Tom Wilber, Binghamton Press & Sun-Bulletin

- PA Department of EnvironmentalPreservation (DEP) cease and

desist order to U.S. EnergyDevelopment Corporation

- Complaints in Wyoming

- Health problems in Colorado

- Exxon-Mobil Migratory Bird Treaty Actviolation


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Careless Operating Procedures cont

Leaks & Spills - Dimock, PA

- Sept. 16, 2009: Two lubricating fluid leaks

- Sept. 22, 2009: Third spill

- At least two diesel spills since 2008

- PADEP well deactivation and testing

- Sept. 25, 2009: PADEP orders Cabotto halt operations

- Oct. 16, 2009: Cabot resumes

operations


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Careless Operating Procedures cont

Coos County, OR

-Early 2009: MasTec Inc. ordered to pay $1.5million in penalties

- Oregon Department of Environmental Qualityfaulted as well


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Regulations

Closing and Plugging Drill Sites

- DEC issues pluggingpermit

- DEC inspector present atplugging

- Detailed pluggingrequirements:

Cement plugs

Fill for intervalbetween plugs

- Companies providefinancial security


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Regulations

Recent Legislative Developments

SDWA & 2005 Energy Act

- Underground Injection Control (UIC) program

- 2005 Energy Act amendment to SDWA exempt hydraulic fracturing from

definition of underground injection and UIC program

- Underground storage of flowback fracking fluid = notexempt

FRAC Act

- Senate and House versions both in committee

- Repeals hydrofracking exemption

Interior Environment Appropriations Bill

- EPA to fund study on fracking and drinking water

gas shale drilling: community and environmental impacts in new york state

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