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Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709 [email protected] IUCNAEL Colloquium Tarragona, Spain *** July 2, 2014

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Page 1: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Hydraulic Fracturing and Groundwater Quality

Keith B. Hall

Louisiana State University Law SchoolBaton Rouge, Louisiana

United States+1 (225) 578-8709

[email protected]

IUCNAEL ColloquiumTarragona, Spain *** July 2, 2014

Page 2: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Surface Drill site

well bore

drainage

Page 3: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Hydraulic Fracturing

Surface Drill site

well bore

fractures

Page 4: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

U.S. Natural Gas Producti on

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Page 5: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

U.S. Crude Oil Producti on

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Page 6: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Main environmental concerns

1. Water use and source for water

2. Groundwater contamination fears

3. Disposal of wastewater (flowback)

4. Air issues (venting of natural gas)

5. Local inconvenience issues

6. Induced seismic activity

Page 7: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Debate Over Fracturing

• Public’s biggest concern is groundwater quality

• Debate is highly polarized

• Focus of debate is not on differing opinions regarding how to balance economic development vs. environmental protection

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Page 8: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Debate Over Fracturing

• Focus of debate is whether hydraulic fracturing poses much risk to groundwater.

• Supporters of process say there is very little risk

• Some opponents say there is substantial risk

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Page 9: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Two Questi ons

• Why does disagreement about level of risk persist?

• What can be done about it?

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Page 10: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Two Questi ons

• Why does disagreement about level of risk persist?• Different terminology• Lack of data

• What can be done about it?

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Page 11: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Terminology

• Hydraulic fracturing is one step in the process of drilling and completing some oil and gas wells • But some people use “hydraulic

fracturing” or “fracking” to refer to the entirety of oil & gas exploration and development process• This use of terms is incorrect, it

causes confusion, and should be avoided.

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Page 12: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

What is the “lack of data” issue?

• Hydraulic fracturing was developed in late 1940s

• Since then, more than one million wells have been hydraulically fractured

• There are few, if any, documented cases of hydraulic fracturing contaminating groundwater

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Page 13: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Lack of Data

• Hydraulic fracturing was developed in late 1940s.

• Since then, more than one million wells have been hydraulically fractured

• There are few, if any, documented cases of hydraulic fracturing contaminating groundwater

• But there is relatively little actual data showing groundwater quality both before and after oil and gas activity

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Page 14: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

What is a parti al soluti on?

• Baseline testing of groundwater quality should be performed prior to conducting oil and gas drilling or before fracturing

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Page 15: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

How would testi ng come about?

• Can be done voluntarily by• Individual landowners• Oil and gas companies• Researchers

• Or, states can require companies to perform baseline testing

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Page 16: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Benefi ts of Baseline Testi ng• Baseline testing can help

Inform the public debate, improve the bases for

regulatory and policy decisions

Preserve social license to operate Resolve/avoid individual disputes

regarding alleged contamination

Identify pre-existing water problems

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Page 17: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Expense Per Sample

• Petroleum Association of Wyoming estimated about $1950 to identify sample location, collect sample, and pay for an analysis without isotopic testing for methane or $2500 per sample with isotopic testing.

• Pennsylvania study showed water well owners paid a median cost of $353 and a high end cost of $1640, but that they typically paid for a less comprehensive analysis than oil and gas companies did. 17

Page 18: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

States with Baseline Testi ng Rules

• Alaska • California• Colorado• Illinois• North Carolina• Pennsylvania• West Virginia• Wyoming 18

Page 19: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Disclosure of Compositi on

Fracturing fluids are composed of

• Base fluid (typically water)

• Proppants (sand is most common)

• Additives

Typically, the fracturing fluid is about 98 to 99.5% base fluid and proppants.

Page 20: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Types of Additi ves• Corrosion inhibitors • Biocides• Friction reducers • Scale inhibitors• Crosslinkers • Breakers• Iron control agents • Acids• Surfactants • pH adjusters• Oxygen scavengers • Gels

Page 21: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Mandatory Disclosure

• Alabama • Alaska • Arkansas• California • Colorado • Idaho • Illinois • Indiana • Kansas• Louisiana • Michigan • Mississippi• Montana • New Mexico • N. Dakota • Ohio • Oklahoma • Penn.• Texas • Utah • W.Virginia• Wyoming

Page 22: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Rotary Dri l l ing Rigs Operati ng in U.S. as of June 20, 2014

Location # of Rigs (based on Baker

Hughes website data)

% of TotalRigs

% of Rigs Not in OCS Waters

States with Mandatory Disclosure

1795 96.6% 99.8%

States Without Mandatory Disclosure

4 0.2%

0.2%

FederalOCS Waters

59 3.2% N/A

Page 23: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Fayett eville Shale Study

• U.S. Geological Survey and Duke University personnel conduct study• Lacked baseline data, but compared

sample data to multiple analogous sources • found “no indication of systemic,

regional effects” from shale gas activity

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Page 24: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Rural Pennsylvania Study• Penn State researchers• Had before-and-after samples • “no statistically significant increases

in methane levels after drilling”• “statistical analyses of post-drilling

versus pre-drilling water chemistry did not suggest major influences from well drilling or hydrofraturing (fracking) on nearby water wells” 24

Page 25: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

The Duke University Studies• Duke University researchers

• Did not have before-and-after data

• Did not find any evidence of fracturing fluids in water wells

• Found methane in most water wells, regardless of proximity of gas drilling

• But they found, on average, higher methane concentration in water wells near gas wells

• The researchers opine that poor construction of gas wells is most likely culprit 25

Page 26: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Oil & Gas in the Energy Equati on

In 2013, oil and gas supply• 63% of U.S. energy • 55% of world energy

In 2040, oil and gas will supply• 55% of U.S. energy• 51% of world energy

Estimates and projections from U.S. Energy Information Administration26

Page 27: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Non-Energy Uses of Oil & Gas

• Lubricants• Fertilizers• Plastics• Synthetic rubber• Petrochemicals

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Page 28: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Oil and Gas Producti on

• U.S. is one of top three (and possibly the largest) producer of oil

• U.S. is the top producer of natural gas• By some estimates, 90% of new wells in

the U.S. are hydraulically fractured• Hydraulic fracturing is used outside

U.S., though not as frequently• There is growing interest in using

hydraulic fracturing in shale formations outside U.S.

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Page 29: Hydraulic Fracturing and Groundwater Quality Keith B. Hall Louisiana State University Law School Baton Rouge, Louisiana United States +1 (225) 578-8709

Keith B. HallLSU Law School

Baton Rouge, Louisiana+1 (225) 578-8709

[email protected]