Navigating Hydraulic Fracturing in New York State–Review of Local Impacts and Concerns Presented by Paul J. Granger, P.E. NYSAWWA HVHF Ad-hoc Committee Chair Vice President , H2M – Water September 18, 2013

High Volume Hydraulic Fracturing Major Construction & Industrial Activity

Hydraulic Fracturing or Fracking High-volume hydraulic fracturing (HVHF) is a means of tapping shale deposits containing natural gas that were previously inaccessible by conventional drilling HVHF or slickwater fracking is a technique in which large amounts of water, combined with smaller amounts of chemicals and sand, are pumped under high pressure into a drilled gas well

Extent of HVHF Shale in N.Y.

Fracking is major news………

Fracking is major controversy…. Officials urge NY Gov. Cuomo to OK gas drilling By Mary Esch on September 06, 2012 http://www.businessweek.com/ap/2012-09-06/officials-urge-ny-gov-dot-cuomo-to-ok-gas-drilling

Hot Button Issue for NYSAWWA and NYWEA Membership! Those For – Economic Benefit Those Against –Environmental Harm Our members are on both sides of the issue! Goal – Strike the balance between energy development and the environment

Impacts all Water Suppliers! All Water Suppliers have a stake in this issue……in and out of the “fracking” Marcellus shale area. Future Utica shale. Sets the stage for future water resource protection policies and regulations.

Source Water Protection is Vital Local water utilities need to be actively involved in the regulatory process and be aware of potential impacts related to water supply. Water systems located outside of the Marcellus shale area must also be vigilant since drilling operations can have indirect impacts to water resources and infrastructure

Water Supply Protection Concerns Nine areas of concerns identified by NYAWWA based on past review of the HVHF DsGEIS (issued in 2011). Can be mitigated if properly addressed.

Regulatory oversight Having adequate regulatory oversight is essential for water resource protection. At present the NYSDEC does not have the regulatory staff to address HVHF We have recommend that fees / impact charges be developed to support NYSDEC regulatory efforts

Set-back distances Set-back distances must have a scientific basis – Fracking industry agrees* Must consider local hydrogeologic variations from site to site. *2012 Marcellus Shale Conference - PSU

Subsurface geology and aquifer hydrogeology – Cannot be one size fits all A “one size fits all” approach for evaluating and protecting subsurface geology and aquifer hydrogeology is inadequate and must be predicated on actual local conditions - Fracking industry agrees* *2012 Marcellus Shale Conference - PSU

Seismicity Concerns Seismic impact observations must be studied further. Recent seismic concerns documented in Ohio, Arkansas, other States, and in Europe

Competent analytical laboratory capabilities Extensive list of potential contaminants of concern, in flowback water. Lab data is needed to evaluate waste storage, and transport and disposal of hydrofracking flowback. Timely submission of this data is critical in assuring compliance with flowback water and production brine wastewater treatment plant disposal standards prior to permit issuance.

Waste disposal Credible data is vital regarding the availability of appropriate waste disposal options consistent with stated goals of meeting federal discharge standards at the ultimate disposal points

Radioactivity Radioactivity contaminants in the wastewater and drill cuttings are a potential significant issue that must be addressed – more research is needed according to PSU*. *2012 Marcellus Shale Conference - PSU

Full disclosure of all HVHF chemicals Imperative to determining proper wastewater treatment methods and emergency response measures when addressing spills. This is crucial in avoiding avoid unintended consequences to drinking water purveyors.

Production brines Possibility of using production brines. The use of production brines on roads cannot be allowed.

The Big Picture ….integrated approach to protect source water Water resources Wastewater treatment and waste disposal Stormwater Management Storage of hazardous materials Compliance oversight Emergency Services / Public Safety (spill response) Well Close-out and Site Legacy Land Use /Zoning Transportation Many moving parts!

Other Assessment Considerations Terrestrial and Aquatic Ecosystems New Gas Pipeline Infrastructure Seismic Risks Local Economy Air Quality

Water Resource Protection Details Drilling down into the details: Quantity Watershed survey Data collection Water quality assessments Planning Plan development Plan implementation

Water Quantity Availability of water supply to support HVHF operations. The drilling and fracking process can consume 3 to 4 million gallons of water per well. The review of short and longer term quantity and quality impacts related to water withdrawal and usage is recommended.

Source Water Data Identify and survey geographically primary surface water bodies, watershed areas, aquifer boundaries and Principal Aquifers Use your SWAP data …..update as required!

Source Water Data Site specific information is essential for proper well design based on local aquifer properties. Must evaluate the characteristics and extent of subsurface geology and aquifer hydrogeology on a local basis

Source Water Data (cont.) Determine the proximity of the target fracture zone to the base of a known fresh water supply; and well pad proximity to the boundary of a Principal Aquifer (s) / primary surface water bodies. Important for determining setbacks

Source Water Data (cont.) Identify the depth of the deepest fresh water aquifer to determine if it is reflected in the required construction depth of the HVHF well production casing. Critical area for groundwater source protection ….well casing construction.

Water Quality Obtain and evaluate baseline water quality data for public and private water sources. Create Pre-HVHF assessments.

Water Quality (cont.) Obtain and review continuous water quality monitoring data for public and private water sources and compare data to pre-HVHF assessments. Perform surface water monitoring both upstream and downstream of proposed HVHF sites (before and during HVHF activities). Develop a monitoring schedule and plan.

Water Quality (cont.) Develop procedures to respond to water quality issues / detected contamination.

Water Protection Planning Require the development of a plan for local government review for determining water availability and to protect water resources

Site Management Planning Protection of surface water bodies and groundwater sources. Improper well construction, poor storage / handling practices and spills associated with the HVHF process could adversely impact local drinking water sources.

Water resource protection Develop a communication and outreach plan with private well owners and public water suppliers.

Keys for implementing protective measures Funding for effective regulatory oversight Integrated assessment of HVHF impacts Local control / input Ongoing Water system participation / input

HFHV in New York Remains on HOLD Proposed regulations for HVHF officially expired on February 27, 2013 The DEC—if it decides to implement formal regulations—would have to re-propose them in the register, and open them to a 45-day public comment period and at least one hearing.

Delay From a water perspective ….. Allows for more time to: Collect data Study / Evaluate Gain more experience Benchmark

What does the future hold?.... Limited HVHF in 2013??? 2014?? …..….2016 ??

Next Steps and Moving Forward Make sure the FSGEIS and Regulations (if and when issued) addresses water supplier concerns Review and communicate issues and concerns on an on-going basis Work with other organizations…. NYWEA, NYRWA Let science and facts dictate …..provide fair and balanced arguments Stay engaged with state legislators and regulators Be proactive ….if need be …..be loud.

For more information….. WWW.NYSAWW.ORG WWW.AWWA.ORG (Government Affairs) Paul Granger NYSAWWA Hydrofracking Ad-Hoc Committee Chair Phone: (631) 756-8000 ext. 1419 e-mail: pgranger@h2m.com Jenny Ingrao NYSAWWA Executive Director Phone: (315) 455-2614 e-mail: jenny@nysawwa.org