ADDENDUM INDEX
DOCUMENT DESCRIPTION
PAGE #
University of Colorado Law School, Intermountain Oil and Gas
BMP Project Web Page, January 27, 2015.
National Association of Regional Councils Report – Local,
Regional, and State Government Perspectives on Hydraulic
Fracturing-Related Oil and Gas Development; Prepared By
Samuel Gallaher, PhD Student at School of Public Affairs,
University of Colorado Denver, Graduate Research Fellow at the
Buechner Institute of Governance (excerpts), full report available
at: http://narc.org/wp-content/uploads/Government-Perspectiveson-Oil-and-Gas-Development-Full-Report-2013-Gallaher.pdf
Energy Boomtown & Natural Gas: Implications for Marcellus
Shale Local Governments & Rural Communities; NERCRD Rural
Development Paper No. 43, 63 pp., Prepared by Jeffrey Jacquet,
January 2009 (excerpts), full report available at:
http://aese.psu.edu/nercrd/publications/rdp/rdp43
Colorado Oil & Gas Association Rule 510 Statement, Prepared By
Jamie L. Jost, Managing Shareholder at Jost & Shelton Energy
Group, P.C., General Counsel for The Colorado Oil & Gas
Association.
The Center for Science and Democracy at the Union of Concerned
Scientists Report – Science, Democracy, and Fracking: A Guide
for Community Residents and Policy Makers Facing Decisions
Over Hydraulic Fracturing.
State of Colorado, Colorado Department of Public Health and
Environment Letter Regarding Earth Guardians Request for
Rulemaking, April 7, 2014.
Los Angeles Times Article: Message is mixed on Fracking, July
28, 2013.
Colorado Oil and Gas Conservation Commission, 2 CCR 404-1 –
Statement of Basis, Specific Statutory Authority, and Purpose Re
New Rules and Amendments to Current Rules (2008
Amendments) (excerpts), full copy available at:
http://cogcc.state.co.us/
1-3
EXH.#
1
2
3
4
5
6
7
8
1
4-16
17-22
23-32
33-52
53-54
55-58
59-65
9
10
11
12
13
14
15
16
17
18
New York State Department of Health Study: A Public Health
Review of High Volume Hydraulic Fracturing for Shale Gas
Development, December 17, 2014 (excerpts), full report available
at:
http://www.health.ny.gov/press/reports/docs/high_volume_hydrau
lic_fracturing.pdf
Physicians, Scientists and Engineers for Health/Energy:
Impediments to Public Health Research on Shale (Tight) Oil and
Gas Development, May 2013.
National Public Radio State Impact: Lifelong Gag Order Imposed
on Two Kids in Fracking Case, By Susan Phillips, August 1,
2013.
Pro Publica: EPA’s Abandoned Wyoming Fracking Study One
Retreat of Many, By Abrahm Lustgarten, July 3, 2013.
Longmont Times Article: Most Oil, Gas Measures Die During
Colorado Legislature’s 2013 Session, By John Fryar, May 8,
2013.
National Public Radio Broadcast: Close Encounters With Gas
Well Pollution; Host Broadcasters: Melissa Block and Robert
Siegel, May 15, 2012
Health Impact Assessment for Battlement Mesa, Garfield County,
Colorado, conducted by members of the faculty and staff of the
Department of Environmental and Occupational Health, Colorado
School of Public Health (CSPH), September 2010 (excerpts), full
report available at: http://www.garfield-county.com/publichealth/documents/1%20%20%20Complete%20HIA%20without%
20Appendix%20D.pdf
U.S. Environmental Protection Agency News Release: EPA
Releases Draft Findings of Pavillion, Wyoming Ground Water
Investigation for Public Comment and Independent Scientific
Review; EPA Contact Larry Jackson; December 8, 2011.
Pro Publica: EPA Finds Compound Used in Fracking in Wyoming
Aquifer, By Abrahm Lustgarten, November 10, 2011.
U.S. Environmental Protection Agency Draft Report Regarding
Pavillion, Wyoming Groundwater Investigation for Public
Comment and Independent Scientific Peer Review, December 8,
2011; Contact Person Richard Mylott, Public Affairs.
2
66-83
84-85
86-88
89-92
93-95
96-102
103-122
123-124
125-126
127-135
19
20
21
22
23
24
25
26
27
28
Bloomberg BNA: EPA Says Wyoming to Complete Investigation
Of Possible Contamination Near Pavillon, Wyoming, By Alan
Kovski, June 21.
U.S. Environmental Protection Agency News Release: EPA
Initiates Hydraulic Fracturing Study: Agency Seeks Input From
Science Advisory Board, March 18, 2010; Contact Person Enesta
Jones.
Pro Publica: EPA Wants to Look at Full Lifecycle of Fracking in
New Study, By Nicholas Kusnetz, February 9, 2011.
U.S. Environmental Protection Agency: Power Point Slides
Regarding EPA Study of Hydraulic Fracturing and Drinking
Water Resources.
Akron Beacon Journal: Article Regarding EPA Study on
Fracking Threat to Water Will Take Years, By Bob Downing,
January 18, 2013.
Physicians, Scientists and Engineers for Health/Energy: Working
Paper – Toward an Understanding of the Environmental and
Public Health Impacts of Shale Gas Development: An Analysis of
the Peer-Reviewed Scientific Literature, 2009-2014, By Jake Hays
and Seth B.C. Shonkoff, January 2015.
Pro Publica Surveys Some Recent Research on Potential Health
Implications of Hydro Fracking: Drilling for Certainty - The
Latest in Fracking Health Studies, By Naveena Sadasivam, March
5, 2014.
Environmental Health Perspectives, Volume 123, Number 1,
January 2015: Proximity to Natural Gas Wells and Reported
Health Status-Results of a Household Survey in Washington
County, Pennsylvania, By P. M. Rabinowitz, I. B. Slizovskiy, V.
Lamers, S. J. Trufan, T. R. Holford, J. D. Dziura, P. N. Peduzzi,
M. J. Kane, J. S. Reif, T. R. Weiss, and M. H. Stowe.
Environmental Health Perspectives, Volume 122, Issue 4, April
2014: Birth Outcomes and Maternal Residential Proximity to
Natural Gas Development in Rural Colorado, By L. M.
McKenzie, R. Guo, R. Z. Witter, D. A. Savitz, L. S. Newman, and
J. L. Adgate.
Physicians, Scientists and Engineers for Health/Energy Water
Studies Summary: Surface and Groundwater Contamination
Associated with Modern Natural Gas Development, October
2014.
3
136-140
141
142-143
144-161
162-164
165-184
185-188
189-194
195-204
205-206
29
30
31
32
33
34
35
36
37
University of Colorado Boulder: CU-Boulder Researchers
Confirm Leaks From Front Range Oil and Gas Operations, May 7,
2014.
Colorado State University Report Regarding Characterizing Air
Emissions from Natural Gas Drilling and Well Completion
Operations, By Jeff Collett, Department of Atmospheric Science.
Rocky Mountain Mineral Law Foundation – Federal Onshore Oil
& Gas Pooling & Unitization, Book 1; Mineral Law Series,
Volume 2014, Number 4; Article on Pooling and Unitization: A
History Perspective and an Introduction to Basic Vocabulary, By
Bruce M. Kramer.
U.S. Energy Information Administration: North Dakota Aims to
Reduce Natural Gas Flaring, Principal Contributors: Philip
Budzik and Michael Ford, October 20, 2014.
National Center for Biotechnology Information Abstract: Impacts
of Gas Drilling on Human and Animal Health, 2012.
207-210
Denver Business Journal: KC Fed: 50% of Energy Firms
Planning Big Spending Cuts, Layoffs This Year, By Heather
Draper, January 15, 2015.
The Scottish Government – News: Moratorium Called on
Fracking, January 28, 2015.
Declaration of Ava Farouche (with maps).
Colo. Rev. Stat. §§ 34-60-102, 34-60-106.
269-270
4
211-237
238-264
265-266
267-268
271-273
274-278
279-288
EPA Says Wyoming to Complete Investigation Of Possible Contamination Near Pavillion... Page 1 of 5
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NEWS
June 21
EPA Says Wyoming to Complete
Investigation Of Possible Contamination
Near Pavillion
From Environment Reporter
FREE TRIAL
By Alan Kovski
The Environmental Protection Agency said June 20 it will let Wyoming take the lead
on investigating a possible case of groundwater contamination from natural gas
drilling involving hydraulic fracturing near the town of Pavillion.
EPA said it stood behind its work and data, but it also said it would not finalize its
study or seek peer review of its draft study, nor would it rely upon the conclusions in
the draft report. Instead, the agency will provide support to Wyoming in a
continuation of the investigation.
Sens. David Vitter (R-La.) and James Inhofe (R-Okla.) welcomed the agency's
decision as an abandonment of what they described as a politicized investigation
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EPA Says Wyoming to Complete Investigation Of Possible Contamination Near Pavillion... Page 2 of 5
spurred by an interest in regulating hydraulic fracturing, or fracking. EPA's
investigation had lacked scientific credibility, they said.
Wyoming will conclude the investigation and release a final report by Sept. 30, 2014,
EPA said.
“It is in everyone's best interest--particularly the citizens who live outside of Pavillion-that Wyoming and the EPA reach an unbiased, scientifically supportable
conclusion,” Wyoming Gov. Matt Mead (R) said in a statement released with the
EPA announcement.
EPA Takes Criticism on Expertise
The primary criticism of EPA in both its Pavillion investigation and other actions on
hydraulic fracturing is that state officials have far greater expertise on the subject,
given their decades of regulating oil and gas operations.
In reaction to EPA's change of course on Pavillion, Rep. Chris Stewart (R-Utah)
issued a statement saying he was glad to see that the agency “conceded that statelevel expertise and capabilities are most appropriate for overseeing safe and
responsible energy production.”
The EPA draft report on Pavillion, released in December 2011, included a tentative
conclusion that pollutants found in the aquifer used for Pavillion drinking water likely
resulted from hydraulic fracturing to obtain gas from deeper geologic layers. The
study came in for much criticism.
The EPA draft was followed by U.S. Geological Survey reports that released some
data which complicated the picture, seeming to overlap the data EPA had released
but not entirely. USGS avoided trying to draw conclusions about the sources of the
contaminants it listed (43 ER 2484, 9/28/12).
Fracturing, a common practice for stimulation of oil and gas wells, involves forcing
water, sand, and chemical additives into the ground under pressure to create
fractures through which hydrocarbons can flow. Many critics of the practice had
suggested the Pavillion case might become the first confirmed case of fracking
causing water contamination.
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EPA Says Wyoming to Complete Investigation Of Possible Contamination Near Pavillion... Page 3 of 5
Company Cooperates in Wyoming
EPA said it will continue to work on a research program on the risks posed by
hydraulic fracturing to drinking water. The agency will release a draft report on that
study in late 2014. EPA also is working on a guidance for fracturing when diesel
fuels are involved, a regulatory effort that is intended to be concluded by the end of
2013.
For the oil and gas industry, the subject has been an embarrassing one. The
industry estimates it has fracked more than 1.2 million wells over the decades
without a single confirmed contamination case, yet concerns have spread.
Encana Corp. gas wells fell under suspicion as pollution sources because of their
proximity to EPA's investigation site. In his June 20 statement, Mead said Encana
and EPA worked with him in charting the new course for the investigation.
Encana said it will give $1.5 million to the Wyoming Natural Resource Foundation to
be used for further investigation and other purposes.
The announcement from EPA on the Pavillion, Wyo., study of possible groundwater
contamination is available at http://1.usa.gov/11Qztn7.
Try Environment Reporter now
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03/18/2010: EPA Initiates Hydraulic Fracturing Study: Agency seeks input from Science ... Page 1 of 1
http://yosemite.epa.gov/opa/admpress.nsf/3881d73f4d4aaa0b85257359003f5348/ba591ee790c58d30852576ea004ee3ad%21OpenDocument
Newsroom
News Releases - Water
EPA Initiates Hydraulic Fracturing Study: Agency seeks input from
Science Advisory Board
Release Date: 03/18/2010
Contact Information: Enesta Jones (MEDIA CALLS ONLY), [email protected], 202-564-7873, 202-564-4355, Lina
Younes (PUBLIC INQUIRIES ONLY), [email protected], 202-564-9924
WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced that it will conduct a comprehensive
research study to investigate the potential adverse impact that hydraulic fracturing may have on water quality and public
health. Natural gas plays a key role in our nation’s clean energy future and the process known as hydraulic fracturing is one
way of accessing that vital resource. There are concerns that hydraulic fracturing may impact ground water and surface
water quality in ways that threaten human health and the environment. To address these concerns and strengthen our clean
energy future and in response to language inserted into the fiscal year 2010 Appropriations Act, EPA is re-allocating $1.9
million for this comprehensive, peer-reviewed study for FY10 and requesting funding for FY11 in the president’s budget
proposal.
“Our research will be designed to answer questions about the potential impact of hydraulic fracturing on human health and
the environment,” said Dr. Paul T. Anastas, assistant administrator for EPA’s Office of Research and Development. “The
study will be conducted through a transparent, peer-reviewed process, with significant stakeholder input.”
EPA is in the very early stages of designing a hydraulic fracturing research program. The agency is proposing the process
begin with (1) defining research questions and identifying data gaps; (2) conducting a robust process for stakeholder input
and research prioritization; (3) with this input, developing a detailed study design that will undergo external peer-review,
leading to (4) implementing the planned research studies.
Search this collection of releases | or search
all news releases
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from 1970 to 1998 in the EPA History website.
Recent additions
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To support this initial planning phase and guide the development of the study plan, the agency is seeking suggestions and
comments from the EPA Science Advisory Board (SAB)—an independent, external federal advisory committee. The agency
has requested that the Environmental Engineering Committee (EEC) of the SAB evaluate and provide advice on EPA’s
proposed approach. The agency will use this advice and extensive stakeholder input to guide the design of the study.
Hydraulic fracturing is a process that drills vertical and horizontal cracks underground that help withdraw gas, or oil, from
coalbeds, shale and other geological formations. While each site is unique, in general, the process involves vertical and
horizontal drilling, taking water from the ground, injecting fracturing fluids and sands into the formation, and withdrawing gas
and separating and managing the leftover waters.
A federal register notice was issued March 18, announcing a SAB meeting April 7-8.
More information on hydraulic fracturing: http://www.epa.gov/ogwdw000/uic/wells_hydrofrac.html
More information on the SAB and the supporting documents: http://www.epa.gov/sab
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Last updated on Tuesday, January 27, 2015
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EPA Wants to Look at Full Lifecycle of Fracking in New Study - ProPublica
Page 1 of 2
Fracking
Gas Drilling's Environmental Threat
EPA Wants to Look at Full Lifecycle of Fracking in New Study
by Nicholas Kusnetz
ProPublica, Feb. 9, 2011, 1:32 p.m.
The EPA has proposed examining every aspect of hydraulic fracturing, from water withdrawals
to waste disposal, according to a draft plan the agency released Tuesday. If the study goes
forward as planned, it would be the most comprehensive investigation of whether the drilling
technique risks polluting drinking water near oil and gas wells across the nation.
The agency wants to look at the potential impacts on drinking water of each stage involved in
hydraulic fracturing, where drillers mix water with chemicals and sand and inject the fluid into
wells to release oil or natural gas. In addition to examining the actual injection, the study
would look at withdrawals, the mixing of the chemicals, and wastewater management and
disposal. The agency, under a mandate from Congress, will only look at the impact of these
practices on drinking water.
The agency’s scientific advisory board will review the draft plan on March 7-8 and will allow for public comments then. The EPA will
consider any recommendations from the board and then begin the study promptly, it said in a news release. A preliminary report should be
ready by the end of next year, the release said, with a full report expected in 2014.
A statement from the oil and gas industry group Energy in Depth gave a lukewarm assessment of the draft.
“Our guys are and will continue to be supportive of a study approach that’s based on the science, true to its original intent and scope,” the
statement read. “But at first blush, this document doesn’t appear to definitively say whether it’s an approach EPA will ultimately take.”
The study, announced in March, comes amid rising public concern about the safety of fracking, as ProPublica has been reporting for years.
While it remains unclear whether the actual fracturing process has contaminated drinking water, there have been more than 1,000 reports
around the country of contamination related to drilling, as we reported in 2008. In September 2010, the EPA warned residents of a
Wyoming town not to drink their well water and to use fans while showering to avoid the risk of explosion. Investigators found methane
and other chemicals associated with drilling in the water, but they had not determined the cause of the contamination.
Drillers have been fracking wells for decades, but with the rise of horizontal drilling into unconventional formations like shale, they are
injecting far more water and chemicals underground than ever before. The EPA proposal notes that 603 rigs were drilling horizontal wells
in June 2010, more than twice as many as were operating a year earlier. Horizontal wells can require millions of gallons of water per well, a
much greater volume than in conventional wells.
One point of contention is the breadth of the study. Chris Tucker, a spokesman for Energy in Depth, said he understands the need to
address any stage of the fracking that might affect drinking water, but he’s skeptical that water withdrawals meet the criteria.
“The only way you can argue that issues related to water demand are relevant to that question is if you believe the fracturing process
requires such a high volume of water that its very execution threatens the general availability of the potable sources,” he wrote in an e-mail.
The EPA proposal estimates that fracking uses 70 to 140 billion gallons of water annually, or about the same amount used by one or two
cities of 2.5 million people. In the Barnett Shale, in Texas, the agency estimates fracking for gas drilling consumes nearly 2 percent of all
the water used in the area.
The EPA proposes using two or three “prospective” case studies to follow the course of drilling and fracking wells from beginning to end. It
would also look at three to five places where drilling has reportedly contaminated water, including two potential sites in Pennsylvania’s
Marcellus Shale, and one site each in Texas, Colorado and North Dakota.
Like this story? Sign up for our daily newsletter to get more of our best work.
© Copyright 2015 Pro Publica Inc.
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EPA study on fracking threat to water will take years - News - Ohio
Page 1 of 3
Akron Beacon Journal • Tuesday, January 27, 2015
Ohio.com
News
EPA study on fracking threat to water will take years
By Bob Downing
Beacon Journal staff writer
Published: June 18, 2013 - 11:11 PM
CLEVELAND: The U.S. Environmental
Protection Agency is analyzing the threat that
hydraulic fracturing, or fracking, poses to drinking
water, but that study won’t be completed until
2016.
That assessment came Tuesday from Jeanne
Briskin, coordinator of hydraulic fracturing
research at the EPA’s Office of Research and
Development.
She was among the speakers at “Shale Gas:
Promises and Challenges,” a two-day conference
staged by the National Academy of Engineering,
held in Severance Hall, the home of the Cleveland Orchestra.
Case Western Reserve, Cleveland State and Kent State universities sponsored the
conference, which attracted 850 people Tuesday.
Briskin said the EPA probably would complete and release a preliminary report in late 2014.
It is “complex research,” she said.
In 2010, Congress directed the agency to investigate the threat to groundwater and air from
hydraulic fracturing in Ohio and other states.
Briskin outlined what her agency has done so far and the work that still must be completed.
It is sampling water in two drilling counties in Pennsylvania plus in Colorado, North Dakota
and Texas.
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EPA study on fracking threat to water will take years - News - Ohio
Page 2 of 3
Nine energy companies and nine drilling-supply companies have cooperated with the EPA
research, and 1,000 chemicals have been identified as being used in the fracking process,
Briskin said.
Stanford University professor Mark Zoback expressed concern over injection wells that are
used in Ohio and other states for disposal of liquid drilling wastes.
He said drillers are injecting “too much water too fast,” and that’s increasing underground
pressure that can, in some cases, trigger small earthquakes, like those that hit Youngstown
in late 2011.
It is probable that problem injection wells increasingly will be shut down to avoid future
earthquake problems, he said. Drillers will have to avoid injecting near faults, limit injection
rates or limit pressures to minimize problems.
He said the fracking process is little understood, calling it “a very complex phenomena.”
Zoback said the use of water, sand and toxic chemicals might cause “micro-mini
earthquakes” that free up the natural gas thousands of feet below ground. He predicted that
drillers will be able to extract twice the gas they’re getting now while using half as much
water in the fracking as drilling technologies improve.
The biggest problem that energy companies face: “It’s well construction, well construction,
well construction. Do it properly,” Zoback said.
Drilling is a process that absolutely can be done safely, but it is not always done that way,
he said.
Utilities like Akron’s FirstEnergy Corp. are very interested in shale gas as a fuel, but price
volatility is a concern, said Gary R. Leidich, a retired president of FirstEnergy Generation
Corp.
The conference was organized in part because of Ohio’s role in the Utica shale boom, said
Hunter Peckham, conference chair from Case Western Reserve.
The program was designed to address what he called the “legitimate concerns” surrounding
shale gas drilling, he said,
The conference continues today.
Bob Downing can be reached at 330-996-3745 or [email protected].
Click here to read or leave a comment(s) on this story.
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1/27/2015
EPA study on fracking threat to water will take years - News - Ohio
Page 3 of 3
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http://www.ohio.com/news/epa-study-on-fracking-threat-to-water-will-take-years-1.407046
1/27/2015