Hydraulic Fracturing
in Alaska
Center for Water Advocacy
NW Tribal Water Rights Conference
Anchorage, Alaska, October 10, 2013
E. Barrett Ristroph, Esq.
Ph.D. Candidate, University of Hawaii
907.342.9090 | ebristroph@gmail.com
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
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Technorati
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)
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Aerial view of fracturing operations ,Texas - Amy Youngs
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
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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
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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
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Night Lights of the U.S., 2012, NASA
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
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Haynesville Shale Fracturing Activity near
Shreveport, LA, by Daniel Foster
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
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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
Fracturing Operation by Joshua Doubek
• Use “green completions” on wells
that bring gas up to pipeline
quality
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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
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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
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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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