New frac fluid disclosure rule
December 13, 2011 4:45 PM
A new hydraulic frac fluid disclosure rule is on the books after implementation Tuesday by the Texas Railroad Commission.
Oil and gas operators in Texas are now required to disclose all the ingredients and water volume used to hydraulically fracture wells on a national public website.
“This is an important step forward for many reasons,” Environmental Defense Fund Senior Policy Advisor Scott Anderson said.
Prior to this new rule, oil and gas companies were not required to disclose this information and instead, Texas operators doing hydraulic fracturing voluntarily submitted the chemical data to the FracFocus website.
While the EDF applauded the voluntary efforts by oil and gas companies, Anderson said that that the new requirements will build trust with the public and allow for further discussion of the impact of these chemicals.
In addition to gaining public trust, the disclosure of these chemicals will better determine how to allocate research regarding the chemicals, Anderson said.
The initial bill instructing the Texas Railroad Commission to create the rule was signed in June, Anderson said.
And the Commission held a public hearing on the matter on Oct. 5.
The new rule will be required for wells that the Commission has issued an initial drilling permit on, or after, Feb. 1, 2012, the release stated.
Members of the oil and gas industry are equally satisfied with the new rule.
“It better helps the public understand what’s going on in the fracturing process,” Kirk Edwards, past president of the Permian Basin Petroleum Association, said.
The new rule allows limited expemptions for trade secrets, and keeping specific frac fluid combinations from the competition was the main reason for not disclosing all chemicals in the past, Edwards said.
“Nobody has ever tried to keep the chemicals secret,” Edwards said.
Environmentalists may see it as a step in the right direction, but there are still issues they hope to resolve in the future, Anderson said.
Unlike Colorado’s disclosure rule, which was also implemented Tuesday, Texas does not require the disclosure of the concentration of non-hazardous Occupational Safety and Health Administration chemicals, Anderson said.
While he wouldn’t call it the top disclosure rule in the country, Anderson said he was still pleased.
“It’s certainly one of the best,” Anderson said.
Quote from Texas Railroad Commissioner Barry Smitherman regarding the extension on the DSL listing:
“In my letter from this Monday, I outlined the new findings in a recent Texas A&M University study that contradicts the statements of the ‘Wild Earth Guardians,’ which is what the Fish and Wildlife Service was basing their findings on. Additionally, I requested that the Fish and Wildlife Service grant a six month extension, and I am pleased that they have granted this request.
“My letter was just one of a host of contacts to Fish and Wildlife — in particular, the Permian Basin Petroleum Association was instrumental in bringing together a diverse group of stakeholders and in pointing out the flawed science being used to support listing the lizard. Without the efforts of the PBPA, the flawed science presented to Fish and Wildlife would likely have been allowed to stand.
“I am glad Fish and Wildlife has agreed to step back and further review all of the available facts. It is my sincere hope that once they have reviewed the objective facts, they will reach the conclusion that the DSL is not endangered.
“An endangerment finding for this lizard is not something to be trifled with; a miscalculation and decision to list the lizard as endangered would not only threaten our economy by killing jobs, it could harm our national security by making us more beholden to dictators like Hugo Chavez who are members of OPEC and other oil-producing countries that are hostile to the United States.”
Texas Railroad Commissioner Barry Smitherman
Feds delay decision on NM, Texas lizard listing
By SUSAN MONTOYA BRYAN
THE ASSOCIATED PRESS
ALBUQUERQUE, N.M. — A decision on whether a lizard found only in parts of New Mexico and Texas should be added to the endangered species list has been put off another six months, the U.S. Fish and Wildlife Service announced Thursday.
Federal wildlife officials were set to deliver their decision on the dunes sagebrush lizard later this month, but the agency said it wants to solicit additional scientific information and public comment before making any final decisions regarding the lizard proposal.
The move comes after congressional representatives from several states, including New Mexico and Texas, sent letters to the agency and Interior Secretary Ken Salazar.
Environmentalists accused Fish and Wildlife of caving to political pressure and oil and natural gas interests.
“There’s not any scientific disagreement about the status of the lizard. An independent scientific peer review showed a clear need to list the lizard, so this is just politics in an election year,” said Taylor McKinnon, the public lands campaigns director for the Center for Biological Diversity.
The Fish and Wildlife Service initially proposed listing the dunes sagebrush lizard as an endangered species last December, saying habitat loss and fragmentation have pushed it toward extinction.
The lizard is native to a small area of southeastern New Mexico and West Texas. The reptile is so specialized that it’s only found in sand dune complexes that include shinnery oak.
The primary threat to the lizard is oil and gas development near the dune complexes and oak removal stemming from the need for more forage for grazing, according to federal biologists.
Environmentalists contend lizard habitat makes up only a fraction of the areas being used by energy developers. However, the developers, some lawmakers and state officials in Texas are concerned that a listing decision would have severe implications for the region’s economy.
U.S. Rep. Steve Pearce, R-N.M., and others have complained that a listing would result in oil and gas development being limited on thousands of acres in the Permian Basin, costing jobs, tax revenues and royalties.
Pearce was among 18 House members who sent a letter to Salazar in late November, saying new scientific evidence collected since the initial listing proposal supports the view that the lizard isn’t endangered.
U.S. Sens. John Cornyn, R-Texas, and James Inhofe, R-Okla., had also requested a delay in a letter sent this week.
“It’s essential that the job creators who will be directly impacted have the opportunity to have their concerns heard before this potentially devastating listing goes forward,” Cornyn said in a statement Thursday.
Ben Shepperd, president of the Permian Basin Petroleum Association, spent Wednesday in Washington trying to lobby legislators against the listing. He said Thursday he was pleased the agency is giving people more time to weigh in on the proposal.
Texas Land Commissioner Jerry Patterson agreed, saying, “Let’s hope that more information will be the cure.”
The agency’s decision also drew praise from Texas Comptroller Susan Combs, Railroad Commissioner Barry Smitherman and the Texas Association of Business.
Texas officials noted that the lizard’s range coincides with parts of the Permian Basin, which produces more than 1 million barrels of oil a day, or more than two-thirds of Texas’ total production.
Pearce said the listing would also compromise voluntary conservation agreements that have already been signed by private landowners and oil and gas developers that cover more than 2 million acres in New Mexico and Texas.
“The delay is only half of the battle, however. We must find the right balance between protecting our environment and growing our economy,” Pearce said. “That will require modernizing and updating the methods by which we protect threatened species.”
Mark Salvo of WildEarth Guardians said conservationists support using the best available science to make listing decisions, but he argued that a delay wasn’t necessary in the lizard’s case.
Texas official applauds dunes sagebrush lizard ruling
Houston Business Journal
Date: Thursday, December 1, 2011, 3:00pm CS
Texas Land Commissioner Jerry Pattersonsaid Thursday he is pleased with the U.S. Fish and Wildlife Service’s decision to delay a ruling of whether the dunes sagebrush lizard should be placed on the endangered species list.
The U.S. Fish and Wildlife Service said it will need more data before determining if the lizard, which resides in the Permian Basin, is endangered.
Listing the lizard as an endangered species could potentially be harmful to many oil companies that drill in the Permian Basin because it could restrict certain areas for exploration and production.
Patterson has been opposed to placing the lizard on the list because of lack of evidence that it is endangered.
“The federal government’s call for actual evidence that this lizard is in danger means they are listening to us,” Patterson said in a statement. “This is good news, because this proposed listing hasn’t been based on science.”
The U.S. Fish and Wildlife Service will re-evaluate the lizard endangerment status for six months.
Conaway calls lizard delay small triumph on long road to victory
Washington, Dec 1 -
Washington, D.C. – Today, U.S. Rep. K. Michael Conaway made the following comment regarding the U.S. Fish and Wildlife Service announcement to extend the final determination of whether to provide protection under the Endangered Species Act for the dunes sagebrush lizard.
“I am pleased that US Fish and Wildlife Service decided to delay their final determination regarding the dunes sagebrush lizard for another six months; however, it is imperative with this extension that we do not sit on our heels.
After almost a year of effort spent compiling overwhelming evidence to prove the lizard is not endangered, we have just six more short months to convince the Service that listing the lizard is not warranted.
It is was the quick action and hard work of many individuals and organizations to prepare enough information to refute the Service’s assumptions and secure this extension. In the coming months, I look forward continuing to work alongside local producers, ranchers, and landowners to make the final case against a needless listing that would devastate oil and gas production and the West Texas economy.”
Service Announces a 6-Month Extension of the Final Determination for the Proposed Listing of the Dunes Sagebrush Lizard to Allow for Additional Public Comment and Discussion
Statement from Ben Shepperd, PBPA president, who traveled to Washington again just yesterday [Wednesday] to lobby key legislators against the listing:
“I applaud and greatly appreciate the US Fish and Wildlife Service’s move to study this issue further — providing room for real science and local input in the decision-making process. As I have stated all along, there is absolutely no scientific basis on which to base the addition of the Dunes Sagebrush Lizard to the Endangered Species List. Citizens of the Permian Basin can rest assured that the PBPA will do everything in its power to gather even more information to prove once and for all this listing is not warranted.”
Service Announces a 6-Month Extension of the Final Determination for the
Proposed Listing of the Dunes Sagebrush Lizard to Allow for Additional Public Comment and Discussion
On December 5th, 2011, the U. S. Fish and Wildlife Service (Service) will publish in the Federal Register a 6-month extension of the final determination of whether to provide protection under the Endangered Species Act (Act) for the dunes sagebrush lizard (Sceloporus arenicolus) (lizard). The Service is taking this action in order to solicit additional scientific information and public comment before making any final listing determinations regarding the agency’s proposal. Publication of this announcement will reopen the comment period on the proposed rule to list the species for 45 days.
On December 14, 2010, the Service published a proposed rule to list the dunes sagebrush lizard, a lizard known from southeastern New Mexico and adjacent west Texas, as endangered under the Act. In addition to the original comment period associated with the publication of the proposed rule, we held two public meetings in April 2011 and reopened the comment period to accept additional public comments. That comment period closed on May 9, 2011.
Section 4(b)(6) of the Act requires that we take one of three actions within 1 year of a proposed listing: (1) Finalize the proposed listing; (2) withdraw the proposed listing; or (3) extend the final determination by not more than 6 months, if there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination, for the purposes of soliciting additional data.
Public comments received since the publication of the proposed rule have expressed concerns regarding the sufficiency and accuracy of the data related to the dune sagebrush lizard’s status and trends in New Mexico and Texas.
Therefore, in consideration of the disagreements surrounding the lizard’s status, the Service is extending the final determination for 6 months in order to solicit scientific information that will help to clarify these issues.
The 45-day comment period will begin with the publication of this announcement in the Federal Register to ensure the public has full access to, and an opportunity to comment on, all the available information we have received since the second comment period closed. The Service has received new survey information for the lizard in New Mexico and Texas and an unsolicited peer review study on our proposed rule. The Service is soliciting input from concerned governmental agencies, the scientific community, industry, or any other interested party concerning the proposed rule in light of this additional information..
If you previously submitted comments or information on the proposed rule, please do not resubmit them. The Service has incorporated them into the public record, and will fully consider them in the preparation of the final determination.
The Service will consider all additional information, comments, and recommendations received from all interested parties with the intention that any final action resulting from this proposal be as accurate as possible and based on the best available scientific and commercial data. The Service is particularly interested in population estimates of the dunes sagebrush lizard in New Mexico and Texas; data that quantify the current amount of habitat and loss of habitat; and survey information, including maps, throughout the species range, especially for Texas.
Written comments must be received by close of business on January 18, 2012. For further information on how and where to submit comments, and to review and/or download these documents visit the Service’s Southwest Region’s website, http://southwest.fws.gov/.
The dunes sagebrush lizard is native to a small area of southeastern New Mexico and west Texas. The species is a habitat specialist and only occurs in sand dune complexes associated with shinnery oak. The primary threat to the lizard is oil and gas development near dune complexes, and shinnery oak removal for the enhancement of forage production for grazing. This has resulted in increased fragmentation of the dunes sagebrush lizard habitat and gaps in the species’ range.
The Service’s priority is to work with stakeholders and local communities to make ESA implementation less complex, less contentious and more effective. We seek to accelerate recovery of threatened and endangered species across the nation, while making it easier for people to coexist with these species.
The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. For more information on our work and the people who make it happen, visit www.fws.gov. Connect with our Facebook page at www.facebook.com/usfws, follow our tweets at www.twitter.com/usfwshq , watch our YouTube Channel at http://www.youtube.com/usfws and download photos from our Flickr page at http://www.flickr.com/photos/usfwshq.
Endangered species endangers oil and gas industry
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Posted: 11.22.2011 at 6:38 PM
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TEXAS – The U.S. Fish and Wildlife Service wants to put the Dunes Sagebrush Lizard on the Endangered Species List, and that poses a potential threat to the oil and natural gas industry in the Permian Basin.
Texas State Senator Kel Seliger has called for the lizard to be exempt from the Endangered Species List because, according to him, some of the scientific data is from as far back as 1972. He also says that only ten percent of the date used by the U.S. Fish and Wildlife Service is relevant to Texas. “This is the most productive onshore area in the United States and it’s essential in terms of supplying the oil and gas that we need,” Seliger said. “It’s a million gallons a day that we don’t have to get from Sheitans in the Middle East who hate us.” The Panhandle Producers and Royalty Owners Association is facing a similar situation with the Lesser Prairie Chicken. PPROA has been working with Texas Parks and Wildlife to come up with a solution that will allow them to keep drilling and not be a hazard to the chicken. “We’re doing all we can to accommodate ourselves to Texas Parks and Wildlife Department and to the Department of the Interior Fish and Wildlife Service to make sure that we can continue to operate in the Northeastern Panhandle effectively and keep the needs of the Lesser Prairie Chicken in mind in the process,” PPROA Executive Vice President Wayne Hughes said. Seliger says he wants to help the lizard population, but the needs of the industry are critical to the nation’s economy. “Making any animal be extinct is an idea that we should react to very vigorously,” he said. “We don’t want to be responsible for that. At the same time, we are dependent on oil and gas. But the two are not incompatible.” |
DSL: Letter from Sen. Kel Seliger
Click here to read Sen. Kel Seliger’s letter regarding the Dunes Sagebrush Lizard.
Lizard May Cause Problems for Future Water Sources
Shelley Childers
schilders@cbs7.com
CBS 7 News
November 10, 2011
Midland, TX – Midland City Council announced this week they are ready to file a lawsuit if the Dunes Sagebrush Lizard is listed on the endangered species list.
City council members tell us listing the lizard could have dangerous implications on the future of their water sources.
Midland has their eyes set on a water well field in Winkler county that could have a 30-50 year supply of water, according to City Councilman Michael Trost, but it’s right in the heart of the lizard’s habitat.
The U.S. Fish and Wildlife’s final decision on the lizard is scheduled to be announced December 14th.
The Fracing Facts, Part 3: “Fracing Fact or Fiction?”
Midland – Fracing has been around for 100 years. Hydraulic fracturing has been around for over 50. But the technology has become more advanced, allowing operators to drill for oil and gas in parts of the country that were not economic before. As the oil companies come in, some people are looking for ways to get them out. Hydraulic fracturing has become one of their main areas of attack.
Producing oil and gas takes a lot more than drilling the well. In order for the hydrocarbons to flow to the surface, the well has to be fraced. “Otherwise, it’s just a hole in the ground,” says frac specialist George Miles, Henry Resources.
But some say the fracing process comes with a high price. Not just for the operator, but for anyone living near a well.
The Emmy Award-winning documentary Gasland explores numerous accusations, some surrounding the chemicals used to frac the well.
In the documentary, film director Josh Fox states, “In order to frac, you need fracing fluids. A mix of over 596 chemicals. From the unpronouncable, to the unknown, to the too well known.” This statement is followed by a scrolling list of the various chemicals that are used in fracing.
So is it really dangerous, or does the film just make it sound that way?
Miles says, “The chemical volume is like less than half a percent of the whole volume.”
90 percent of the fluid is made up of water, and the remaining 9.5 percent is sand. So if the chemicals only account for a .5 percent, is there reason to be alarmed? Perhaps there would be if the chemicals could get into the water table. But Miles suggests that’s highly unlikey.
“We’re at 10,000 feet,” says Miles. The water table lies at 300 feet or less. That’s 8,000 feet of isolation.
According to Miles, the water table is protected by more than distance. “The Texas Railroad Commission requires that it’s protected, and they test it. We have two sets of casing to isolate us from the table. It’s steal casing surrounded by cement. ”
Should the Texas Railroad Commission find that it doesn’t pass the required pressure test, the casing is condemned until the leak is corrected or the well is plugged. That’s an expense that an operator never wants to face.
The Texas Railroad Commission will soon require something else. The Texas Hydraulic Fracturing Disclosure law passed in July, making Texas the first state to mandate the public disclosure of chemicals used in hydraulic fracturing. The law could take effect as early as January.
We’ll wrap up this series next week by addressing one more timely concern. Fracing a well takes a substantial amount of water, which is not a good thing given our bone dry conditions. But one company says they’ve found a major water-saving solution. Details on Big 2 News next Thursday at 10pm.
