1. Hydraulic Fracturing in Alaska Center for Water Advocacy NW Tribal Water Rights Conference Anchorage, Alaska, October 10, 2013 E. Barrett Ristroph, Esq. Ph.D. Candidate, University of Hawaii 907.342.9090 | ebristroph@gmail.com

2. My Background B.S., Environmental Science; Master’s, Regional and City Planning; J.D. Currently pursuing Ph.D. in climate change adaptation planning Worked as attorney for 10 years Worked for North Slope Borough for 3.5 years on O&G land use planning, permitting, coastal management, and various legal issues Worked for conservation groups and on indigenous rights issues for 2 years 2

3. What is hydraulic fracturing and why does it matter? Well stimulation process used to maximize O&G extraction Difference between fracturing in conventional and unconventional production Unconventional—operations in formations that are not very permeable, like shale, where oil and gas do not easily flow Increasing U.S. production Passed up Saudi Arabia in 2014 Removal of export ban could increase production Technorati 3

4. Bigger Footprint More wells, infrastructure, and roads More water used (1-5.5 million gal/well treatment) Lots of wastewater to treat (10-70% fluids go back to surface) Aerial view of fracturing operations,Texas - Amy Youngs 4

5. Potential Risks—Surface Water and Land Contamination More sediments going into water bodies Spills during transportation, processing, handling, and storage Chemical release during blowout Municipal wastewater treatment facilities may not fully treat this waste Penn State 5

6. Potential Risks—Groundwater and Soil Contamination Problems with the well structure can lead to leaking fluid Cement may not have been sufficiently installed Casing or cement may not be able to withstand fracturing pressure Corrosion and wear over time Frack hits Intersections of two wells beneath the surface Fluids get pushed out Well Casing and Cement Diagram/ Encana 6

7. Potential Risks—Air Quality/Climate Change Concentrated wells contribute to regional air quality problems, particularly high ozone levels Natural gas often flared off as a waste product Flaring produces carbon dioxide and other air pollutants that are harmful to air quality and climate Bakken Shale Flaring in North Dakota Night Lights of the U.S., 2012, NASA 7

8. Best Practices—Siting Avoid ecologically sensitive areas, surface water bodies, surface drinking water sources, and human infrastructure Use buffer zones and setbacks from homes, public buildings, schools, drinking water wells, primary aquifers, and other water resources Haynesville Shale Fracturing Activity near Shreveport, LA, by Daniel Foster 8

9. Best Practices—Public Disclosure Before and after fracturing treatments, report each chemical used in the fracturing fluid Give Chemical Abstract Service # of chemical and its percent mass in fracturing fluid Disclose type, chemical composition, source of base fluid No trade secret exemptions 9

10. Best Practices—Avoid Reliance on FracFocus Not equipped to handle pre-fracturing disclosures Doesn’t disclose all the information that agency may require Not possible for public to aggregate data Are agencies reviewing data as much as they would if directly receiving it? No data retention requirements Lack of quality control, mistakes on website Limits on ability to download large amounts of data at one time 10

11. Other Best Practices Ensure well integrity prior to fracturing Monitor well pressure while fracturing Limit flaring and venting to smallest amount needed for safety Use “green completions” on wells that bring gas up to pipeline quality Fracturing Operation by Joshua Doubek 11

12. Other Best Practices Keep chemicals in tanks, don’t put wastewater in open pits Sample groundwater before and after fracturing Determine depth of aquifers, ensure casing set deep enough to protect the water Understand the formation (using a 3-D reservoir model) to ensure that fractures are contained in the targeted zone Require adequate bonds to ensure cleanup 12

13. Federal Law 2005 Energy Policy Act generally exempted fracturing from EPA’s regulation under Safe Water Drinking Act In May 2014, EPA issued Advanced Notice of Proposed Rulemaking seeking public comment on regulating under Toxic Substances Control Act Per Obama’s Climate Action Plan, EPA and other agencies issued comprehensive interagency methane strategy in March 2014 (proposed research but not rules) Still waiting on final rule for BLM regulations (last draft in 2013 would regulate fracturing on federal and Indian lands), may come out January 2015 13

14. New Alaska State Rules Alaska Oil and Gas Conservation Commission developed rules in 2013 Initially allowed for full disclosure of chemicals and before-and-after groundwater monitoring Became more limited after three rounds of comments 14

15. Summary of Alaska State Rules Operators can claim ingredients as trade secrets AOGCC does not verify validity Public must challenge in court Operators can get waivers from requirements Nothing to address flaring or improve remediation 3D modeling of fracturing zones not required 15

16. Summary of Alaska State Rules Uses FracFocus Baseline groundwater monitoring only with owner permission Post-fracturing groundwater monitoring not mandatory FracFocus map of Alaska operations 16

17. Comparison with Other States Disclosure: CA requires full disclosure—operator must obtain court judgment that information is subject to trade secret is protection CO, IL, KS, PA, and TX provide chemical info to health professionals and emergency responders, AK, MT, OH, and CA provide to health professionals CO, AK, LA, OK, PA, and TX require disclosure of chemical family March 2014 WY Supreme Ct. ruling: State has burden of justifying trade secrets exemptions; narrow definition of trade secrets favoring disclosure over secrecy Groundwater testing: CO and WY require clear timelines for before and after testing, PA has rebuttable presumption Flaring: Colorado Governor requires operators to monitor tanks and pipelines for leaks, report large sources of methane emissions, and reduce methane leaks into air 17

18. What will home rule boroughs do? In July 2014 NY Supreme Ct. upheld two local fracturing bans AK has broader local home rule authority than most states—will home rule boroughs and cities take action? NPS 18