GEOLOGY IN THE PUBLIC EYE: PREPARING FOR THE REAL WORLD GEOLOGY IN THE PUBLIC EYE: PREPARING FOR THE REAL WORLD Keck Consortium April 26, 2014 Keck Consortium April 26, 2014

Gas exploration and production (US Energy Information Administration)

Assessment of Undiscovered Oil and Gas Resources of the East Coast Mesozoic Basins of the Piedmont, Blue Ridge Thrust Belt, Atlantic Coastal Plain, and New England Provinces, 2011 Assessment of Undiscovered Oil and Gas Resources of the East Coast Mesozoic Basins of the Piedmont, Blue Ridge Thrust Belt, Atlantic Coastal Plain, and New England Provinces, 2011 USGS Fact Sheet

140 km x 30 km Open Closed Open N 28 x 20 km

FACT SHEET FINDINGS Quantitatively Assessed 5 of 14 basins Only 3 basins showed high potential Hartford basin not assessed Hartford Basin shares tectonic heritage with other basins so conditions for HC generation, migration, accumulation, preservation may have existed

Park River Tunnel Project

Thin Cut by faults Unevenly heated Texaco visited in 1970’s Oil and gas will not be found in large quantities with current technology and forecasted oil and gas prices Observations not in USGS Fact Sheet

310 CMR Geology not suitable and regulations prohibit fracking

“There’s some evidence, just looking at the geological literature, that there’s something there. How much is speculative, though. Maybe someone will drill a wildcat well in the next 20 years or so and get lucky.” Milici said that just because his team didn’t assess all the basins, though, doesn’t mean that there is nothing underground.

Boston Globe, 12/13/12

Fracking could come to the Pioneer Valley…

What is the Legal Landscape for Fracking in Massachusetts “No person shall inject fluids into or through an Injection well and no person shall construct, Install, operate or maintain any Class I, II, or III Injection well, except as authorized by 310 CMR CMR 27.04(1) May 13, 1982

Legal Concerns Did the State statute passed intend that State DEP ban fracking in 1982; federal law upon which the State statute draws guidance did not ban fracking Did the legislation delegate to DEP the responsibility of making policy decisions? If not, violates Article 30 Can the regulation prohibiting Class II wells be considered taking? If so, violates Article CFR (a) “UIC program for all classes of wells on Indian lands in the State of Massachusetts are administered by the EPA” If challenged, regulation may fail to hold up

House Bill 3796 An Act to protect drinking water from hydraulic fracturing “No person may engage in hydraulic fracturing in the Commonwealth” “No person may collect, store, treat, or dispose Of wastewater hydraulic fluid, wastewater solids, Drill cuttings or other byproducts from Hydraulic fracturing with the Commonwealth” Provide testimony Not the threat of fracking but the weakness of statute

Evolution Fracking is a certainty Fracking is a possibility Fracking probably isn’t going to happen but disposal might happen in MA especially if NY allows fracking Even if fracking doesn’t come, our existing statute is really weak and we need to strengthen it Public issues take time!

Time Commitments 6 weeks for FAQs Preparing materials and slides for talks 2 weeks to prepare written statement for legislators Talks with towns who are preparing by-laws to ban fracking and disposal of produced fluids in is ongoing even if fracking is not a direct threat

….FEMA has remapped waterfront properties from the highest-risk flood zone, saving the owners as much as 97 percent on the premiums they pay into the financially strained National Flood Insurance Program.