This is a topic that I had to research in school and would like to share it with you.
Hydraulic Fracturing is the process
of drilling into shale rock which is very fragile and easily broken, the
drilled holes are then injected with a fracturing fluid which breaks up the fragile
shale rock and releases natural gas. Hydraulic fracturing or “fracking” has become
the newest craze in gas drilling, being one of the most prevalent domestic
methods of extracting the large deposits of natural gas in the United States.
The natural gas boom however is not specific to all of the United States but in
a select few shale formations such as the Marcellus Shale Formation, and the
Utica Shale Formation. These formations
span many states which make the widespread regulation of this process very
difficult. The environmental considerations are serious and often debated due
to the lack of sufficient evidence from agencies such as the Environmental
Protection Agency and the Departments of Environmental Quality. There are many
government agencies, large oil/gas companies and citizens that have been
fighting to regulate or deregulate this process. Currently there are only a few federal regulations
that include hydraulic fracturing in the regulation spectrum. There are however
local and state ordnances that can
regulate the drilling process until federal laws are put into place to control
the gross use of chemicals and ignoring if geological restrictions on drinking
wells and aquifers. Proposing a comprehensive regulation of geological water
restrictions and chemical use in the fracturing process will be the best
available way to control pollution and to encourage economic growth through the
use of hydraulic fracturing to produce domestic gas at a cheaper cost to the
consumers.
Of
the many locations where natural gas is found in shale rock formations none are
more prevalent for current drilling practices than in the State of
Pennsylvania. Pennsylvania is the epi-center for the drilling rush and has felt
the brunt of the many environmental consequences seen by this process (Steven, 2013). By looking at the
method more closely a better understanding can be gained in determining what
the environmental risks might be such as ground water contamination, forest
degradation, aquifer contamination and residential disturbances. In Pennsylvania alone there are 467 sites
available for drilling at this time and this includes residential area’s that
may be affected (Marcellus Coalition, 2013). The reason this
method is so controversial is not so much the act of drilling into the ground
but the high pressure fluids that are injected into the ground. The drilling
process consists of first drilling holes into the shale rock which requires a
“slick” that comprises of oils, and chemicals to allow the drill components to
operate correctly (Marcellus Coalition, 2013). There are several
holes that are drilled within a drill site to allow maximum containment of the
natural gas. Then there is a fluid injected into the drilled hole at very high
pressure which breaks up the shale rock from the naturally occurring fissures
within the shale rock itself. The fluid contains water, sand, and other
chemicals which are for the most part not disclosed to the public. The sand and
chemicals act as the propping agents to hold the rock open and allow the
release of the natural gas that can then be siphoned up the drill hole. Some of
the reported chemicals used in the fluids are hydrochloric acid, sodium
chloride, ethylene glycol and polyacrylamide (Environmental Protection Agency, 2013).
There
are a number of environmental concerns due to the drilling process, wastewater
and ground water contamination being the two largest. In the process large
amounts of water are being used combined with sand and chemicals and then
typically delivered to local municipal sewage plants (Schmidt, 2013). The Pennsylvania Department of
Environmental Quality secretary Michael Krancer called on the Marcellus Shale
Coalition to stop this gross neglect and asked that the water be recycled or
repurposed in another way (Department of Environmental Quality , 2013) . The industry heads
did comply and shifted a minimum of 70% in flow back water to be re-used and as
much as 100% is being used as recycled water for the drilling process. This
does however increase the risk of wastewater contamination of the drinking
water in area’s near residential communities (Schmidt, 2013). The ground water contamination is a serious
and unavoidable problem for the people of Pennsylvania who happen to live in an
area where drilling is occurring. The Responsible Drilling Alliance (RDA) is a
grassroots group that has dedicated itself to the pursuance of regulation that
will control the pollution of ground water and help to make “fracking” a viable
commerce for the state (Responsible Drilling Alliance , 2013). The RDA uses the
views, and personal experiences and stories of the people directly effected as
a means of combating the process. There have been countless reports on the
contamination of drinking water and some of the major companies have been
forced by the Pennsylvania DEP to provide safe drinking water in such places as
Dimock, Pennsylvania (Responsible Drilling Alliance , 2013).
There
are several major constituents that are involved in hydraulic fracturing in
Pennsylvania, Cabot Oil & Gas Corporation, Chesapeake Energy Corporation,
Delaware River Basin Commission, the Pennsylvania Department of Environmental
Quality, Environmental Protection Agency, and community coalitions like
Responsible Drilling Alliance. There are two sides to the issue, those who are
proponents for the process and those who oppose the process. The oil and gas
companies are obviously for the process and count on the billions of dollars to
be made from the gas industry in Pennsylvania. With the natural gas economy
ever rising, the economic benefits are also hard to ignore. Natural Gas prices
have increasingly gone up and have averaged from 2011 to 2013 7 cents to the
dollar and rising as high as 8.3 cents to the dollar. The Natural Gas industry
is heavily taxed which provides needed income for the states. In Pennsylvania
the drilling companies can be taxed up to 40.6 percent which is much higher
than other industries operating in the state. Cabot Oil & Gas has several
programs that deal with the “fracking” process such as the Appalachian Shale
Recommended Practices Groups (ASRPG) (Cabot Oil & Gas Corp. , 2013). This group is a way
of encouraging drilling operators to use recommended practices for responsible
and environmental quality that will be sufficient (Cabot Oil & Gas Corp. , 2013). On the opposite
side of the spectrum the Delaware River Basin Committee created in 1961 is a
committee of delegates and agencies that has the power to create law and
enforce it when dealing with the river and waterways in its jurisdiction and
this includes the upper northeast part of Pennsylvania (Delaware River Basin Commmittee , 2013). The committee has
issued a moratorium in 2010 on drilling permits and has not lifted it. The
reason for this moratorium is there are no federal regulations that contain
permitting and chemical use information for hydraulic fracturing (Delaware River Basin Commmittee , 2013). This is a
controversial way of controlling the drilling process and is implemented across
several states in the basin area. The
Environmental Protection Agency and the Department of Environmental Quality are
both involved in the process and have issued reports stating the investigation
of the process but have come up with conflicting results. The EPA has been
completing a comprehensive study of the process and has not released any
information from the study as of yet (Environmental Protection Agency , 2013). The DEP is also
conducting an independent study of the process and has released some information
pertaining to the issues and concerns of the process (Department of Environmental Quality , 2013). There is of course
citizen coalitions that have been formed such as the Responsible Drilling
Alliance that have combated these reports stating the real and personal effects
from the drilling process within a community and near to residential areas (Responsible Drilling Alliance , 2013).
Each
of these stakeholders is involved in some way in the process of hydraulic fracturing,
which is either to help push for regulation or to report voluntary company
restrictions to keep the appearance of responsible proprietorship. The
companies involved all want to appear as if the company specific processes are
revolutionary in the environmental considerations. The usage of vague wording
and even less facts to back up the methods assumes the practices are not as
concerned with environmental quality as they appear to be. The facts that
should be taken into consideration are the reports that are tested for
environmental quality such as the EPA’s report on the process. In 2010 the EPA
released a statement about the 1.9 million dollar study to be conducted, case
studies to be completed, and water, soil, and air quality to be considered in
reference to the Hydraulic Fracturing process. This process is not safe from
stakeholder manipulation. The statement did disclose that significant input and
cooperation from the stakeholders would take place, meaning the companies would
have a say in the sites that where being considered (Maykuth, 2010). There are several case studies being done by
the EPA in Pennsylvania in Susquehanna and Bradford County. There is also
significant research into the town of Dimock which has been the largest
reported site of water contamination. There have not been any significant
findings from the EPA or the DEP despite the continuous reports on the effort
to conduct meaningful and acceptable testing on drill sites and community
wells. There has been no official statement from either on the process or the
regulations that may be needed to control pollution efforts. There are however
some other state agencies that have attempted to control the situation such as
the Delaware River Basin Committee, and the states courts system. This has come
in lue of the overwhelming concern and outcry from citizens and several court
cases that have fought the outright abuse of the local commodities and land
rights.
In
several important court battles and with the creation and amendments to several
federal laws the battle over land rights and usage pertaining to hydraulic fracturing
is in full swing. For the most part the environmental impacts should have had
jurisdiction restrictions under the current environmental acts such as the
Clean Water Act, Drinking Water Act and the Clean Air Act. These acts would
normally have regulated the fracturing fluids and the methane release into the
air. There have been several amendments to these acts that have exempted these
fluids from the regulation process and have caused the debate between opponents
and advocates as to the environmental consequences with increased air and water
pollution and the economic benefits to be reached. The Safe Drinking Water Act applies
regulation to the injection of fluids into the ground that may or may not enter
groundwater. In the case of fracturing fluids the act only imposes standards
upon drilling operations that use diesel fuel, and nothing is mentioned about
other fluids concerned with the “fracking” process (Steven, 2013). In a 2003 negotiation between the EPA
and Halliburton Energy Services, BJ Services and Schlumberger Technology the
companies voluntarily ceased use of diesel fuel in the fracturing process but
stated that some of the acceptable chemicals used posed some environmental
concerns (Steven, 2013). This was then followed by a study by
the EPA into the effects and then the passing of the Energy Policy Act of 2005
which contained an amendment to the SDWA’s definition of injection fluids to
exclude specifically injection fluids and propping agents used in Hydraulic
Fracturing operations (Steven, 2013). This meant that states no longer had
to require permits before drilling could commence. The clean Water Act which is
the primary source of regulation pertaining to the containment and treatment of
flow back water mentioned earlier. This does regulate the methods and treatment
of the flow back water to certain specifications and does require special permitting
and charges for the disposal and treatment of such waste water. There have been
several attempts to pass amendments to the Clean Air Act to include hydraulically
fractured gas wells. In 2012 the EPA passed national air quality standards for
hydraulically fractured emissions and required compliance by all operating
companies by January 1, 2015 (Steven, 2013). This is to reduce the amount of
emissions by 95% by that time and save the oil and gas companies needless fines
due to non-compliance (Steven, 2013). These are the only federal standards
to regulate the emissions and pollution dealing with “fracking” and the rest is
left up to the specific states to do the rest.
In
Pennsylvania there has been hard fought debate over the control of
hydrofracking. Under state oil and gas laws local governments in Pennsylvania
can regulate but not stop “fracking” from occurring. After the long debates
Pennsylvania passed Act 13 which preempted local control (Steven, 2013). This required local government to
include hydrofracking as an accepted permitted use in all zoning districts,
which is a direct violation of the moratorium enacted by the Delaware River
Basin Committee which is another government agency allowed to create and
implement policy in Pennsylvania. In the court case Robinson Township v. Commonwealth
found that the Commonwealth used the states oil and gas legislation to make
irrational land use classifications and failed to protect the citizens and
owners of land used in the process from harm (Steven, 2013). This preempted the states legislation
of allowable permits. There are local zoning localities that specifically
restrict the imposed municipalities from allowing certain activities within
certain zoning codes under the chapter 32 zoning rights of the state. In
Pennsylvania there is also the Municipal Planning Code (MPC) which requires
that adoption of plans to create proper zoning districts due to federal and
other state enforcements, this means environmental ordinances as well (Steven, 2013)l. Act 13 has conflicted with these codes and
many are contending the sheer ignorance and lack of regulation under the
pretense of economic benefit and special interest group manipulation. The
Pennsylvania courts have ruled that there is substantive evidence that Act 13
does indeed violate the comprehensive plans that would regulate hydrofracking
and has given power to the local ordinances to create municipal zoning codes
that would allow the regulation of hydraulic fracturing (Steven, 2013). The courts have ruled that local
governments should be allowed to regulate zoning laws, and that state
preemption of these rules violated the standardized regulations of local
governments.
In
Pennsylvania due to the preemption of local ordinances by the state government
has caused a delay in the regulation process as the land use zoning districts
cannot be properly organized and determined who, what, when and how the permits
will be given and where the drilling will be allowed. It is clear that there
are benefits economically to the local markets that come directly from
hydraulic fracturing as jobs and commerce will be large in number. There are
however environmental considerations that need to be concluded as well. The
companies involved have shown compliance with voluntary actions to reduce or at
least acknowledge the environmental impacts of this process. If there were
comprehensive policies relating to the process itself and specifically a
balance can be reached. In the terms of the actual steps in the process that
should be regulated, the flow back waste water should be help to proper
standards and enforced under the acts that are already in place by the local
authorities. The air quality standards can also be further enforced by local
authorities based on the federal standards in place. The amendments to the
Clean Water Act and the Safe Drinking Water Act should be dissolved and new
standards should be set to include regulations on known hazardous chemicals especially
including those that are already being found in contaminated water such as
naphthalene, formaldehyde, hydrochloric acid, sodium chloride, ethylene glycol
and polyacrylamide (Environmental Protection Agency, 2013). These substances
are entering ground water and contaminating drinking water aquifers. This is a major
point source pollution that should be regulated on a federal level and then can
be enforced more stringently by local authorities in Pennsylvania. The companies
have already begun to reach negotiations and include voluntary actions in this
manner so the implementation of federal regulation is not far from the future. In
Pennsylvania there have already been small steps taken to regulate the process
and further federal regulations will help the local authorities to have a solid
legal standing for the regulation of such processes. The citizens and opponents
of the process have been dutifully working to gain support for such regulations
and will most likely accept any federal regulation standards dealing with this
process as well.
In
conclusion by proposing a comprehensive regulation of geological water restrictions
and chemical use in the fracturing process will be the best available way to
control pollution and to encourage economic growth through the use of this
method to produce domestic gas at a cheaper cost to the consumers. In
Pennsylvania the use of injecting high pressure fluids into drill holes to
release the natural gas and in doing so contaminating the ground water,
polluting the air, and creating waste water that must be disposed of is a major
concern that cannot be ignored. There are large economic considerations that
are being considered mostly by the companies in which are using this source of
natural gas as a means of solid income. These companies such as Cabot Oil &
Gas Corporation, Marcellus Shale Coalition, and Chesapeake Energy Corporation
all see the benefit in the large store of natural gas that is trapped within
the Marcellus Shale Formation sitting directly under Pennsylvania. Not only
will this process bring added domestic gas, but can create needed jobs, and
increase the economy for the local markets. The citizen coalitions such as the
Responsible Drilling Alliance understand the need for the economic growth the
drilling can bring but are deeply concerned with the environmental and more
importantly social effects. Proper regulation is called for and needed to be
able to accurately and legally restrict certain practices. The major issue currently
facing this process is the preemption of state power over local power. This is
a concern being seen from the numerous court cases that have found that state
regulation that has allowed any and all drilling directly violated the zoning
restrictions of local governments. This lack of cooperation between the local
governments and the state and federal ones is a problem that must be fixed in
order to properly and comprehensively create policy that will regulate the
process. What policy will be created in the future will be directly related to
the cooperation between the government agencies, the citizens, and the
companies involved in the process. The cooperation between stakeholders and the
creation of comprehensive policy will be the only way to regulate this method
of drilling and allow for the economic benefits to be shown in a strong and
environmentally cons
References:
Cabot Oil & Gas Corp. . (2013, 7 15). Policy on
Hydraulic Fracturing Fluids . Retrieved from Cabot Oil & Gas Corp. :
http://www.cabotog.com/pdfs/Frackingfluidpolicy.pdf
Delaware River Basin Commmittee . (2013, 7 15). About
DRBC. Retrieved from Delaware River Basin Committee:
http://www.state.nj.us/drbc/about/
Department of Environmental Quality . (2013, 7 17). Hydraulic
Fracturing . Retrieved from Pennsylvania Department of Environmental
Proctection :
http://www.portal.state.pa.us/portal/server.pt?open=512&objID=14295&mode=2&PageID=590867&q=Fracking
&cp=Site,Documents,News
Environmental Protection Agency . (2013,a). Key
Issues to be Investigated at Case Study Locations. Retrieved from
Environmental Protection Agency:
http://www2.epa.gov/hfstudy/key-issues-be-investigated-case-study-locations
Environmental Protection Agency. (2013,b). Hydraulic
Fracturing. Retrieved from Environmental Protection Agency :
http://www2.epa.gov/hydraulicfracturing
Marcellus Coalition. (2013, 5 21). Natural Gas
Deposits . Retrieved from Marcellus Coalition :
http://marcelluscoalition.org/
Maykuth, A. (2010). Federal EPA to study hydraulic
Fracturing. The Philidelphia Inquirer.
Responsible Drilling Alliance . (2013, 6 4). About
RDA. Retrieved from Responsible Drilling Alliance:
http://www.responsibledrillingalliance.org/index.php/education/water-quality
Schmidt, C. (2013). Estimating Wastewater Impacts from
Fracking. Environmental Health Perspectives, 121(4), 117-117.
Steven, J. N. (2013). Hydrofracking: State Preemption,
Local Power, and Cooperative Governence. Case Western Law Review, 63(4),
995-1039.