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Minutes - 2018 - Planning & Zoning - 04/16/2018 - RegularTHE CITY OF EAGLE PLANNING AND ZONING COMMISSION April 16, 2018 ))Minutes CALL TO ORDER: Meeting called to order at 6:03 P.M. 2. ROLL CALL: Present: WRIGHT, GUERBER, JOHNSON, MCLAUGHLIN, and SMITH. A quorum is present. 3. CONSENT AGENDA: ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Chairman, a Commissioner, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. ♦ Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval motion unless specifically stated otherwise. A. Minutes of April 2, 2018. B. Findings of Fact & Conclusions of Law for A-02-18/RZ-02-18 — Annexation and Rezone from RUT (Rural -Urban Transition — Ada County Designation) to R -E (Residential -Estates) — Roy and Natasha Flook: Roy and Natasha Flook are requesting an annexation with rezone from RUT (Rural -Urban Transition — Ada County designation to R -E (Residential -Estates). The 5 -acre site is located on the north side of West Beacon Light Road at the northeast corner of the intersection of West Beacon Light Road and North Hartley Road at 6606 West Beacon Light Road. C. Findings of Fact & Conclusions of Law for A-01-18/RZ-01-18 & PP -01-18 — Hazen Ranch Subdivision — Bristol Company: Bristol Company, represented by Shawn Nickel with SLN Planning, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -E -DA (Residential -Estates with a development agreement), and preliminary plat approvals for Hazen Ranch Subdivision, a 17 -lot (17 -buildable) residential subdivision. The 35.18 - acre site is located on the east side of North Meridian Road at the southeast corner of West Caliber Court and North Meridian Road at 2044 and 2400 North Meridian Road. Smith makes a motion to approve the Consent Agenda for April 16th. Seconded by Johnson. ALL AYES... ItiIOTION CARRIES. 4. UNFINISHED BUSINESS: A. RZ-06-17 & PP -07-17 — Senora Creek Subdivision No. 4 — Michael Stephenson: Michael Stephenson, represented by Matt Schultz, is requesting a rezone with a development agreement from R -E (Residential -Estates) to R -3 -DA (Residential with a development agreement) and preliminary plat approval for Senora Creek Subdivision No. 4, a 9 -lot (6 residential, 3 common) residential subdivision. The 2.64 -acre site is located on the west side of North Park Lane, approximately 1,025 -feet south of the intersection of North Park Lane and West Floating Feather Road at 889 North Park Lane. This item was continued from the February S, 2018, Planning & Zoning Commission meeting. City Planner, Mike Williams, introduces the item. Guerber makes a motion to recommend for approval of RZ-06-17 & PP -07-17 — Senora Creek Subdivision No. 4 with the removal of site specific condition #7 in the recommendations of Staff. Seconded by Smith. Page 1 of 4 K:\PSZ\MINUTES\2018\PZ-04.16.18m•n dre Discussion. ALL AYES... MOTION CARRIES. 5. PUBLIC HEARINGS: A. ZOA-01-18 — Zoning Ordinance Amendment — City of Eagle: An ordinance of the City of Eagle, Ada County, Idaho, replacing Title 8, Chapter 3, Section 5, Paragraph J, with "Oil and Gas Extraction", Definition, Purpose, Zoning Classification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; replacing Title 8, Section 5, Paragraph K, with "Oil and Gas Post -Extraction", Definition, Purpose, Zoning Classification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; amending Title 8, Chapter 2, Section 3 "Official Schedule of District Regulations"; providing a severability clause; and providing an effective date. The City of Eagle is conducting public hearings to consider adopting regulations and permitting requirements for oil and gas extraction and post -extraction activities within City limits. This includes emergency preparedness requirements and plans, water quality monitoring, mitigation and remediation, and other matters related to the health and safety of the public. This item was continued from the April 2, 2018, Planning and Zoning Commission meeting. City Attorney, Cherese McLain, introduces the item and provides a detailed overview. McLain responds to questions from the Commission. Chairman Wright opens the Public Hearing. Richard Boozel, 1157 North Finsbury Way, Star, Idaho. Boozel is a lifelong Idaho resident, candidate for State Senate, airline pilot, supports the ordinance, and expresses concerns about protecting the health, safety, and property rights of the public. Brett Smith, 1148 North Watson Way. Smith expresses support for the ordinance, explains his background in geophysics, and provides information about electrical resistance tomography (ERT), a non-invasive methodology for characterizing the subsurface ("pre-fracking investigation"), and requests that ERT be added to the list of approved techniques. Smith responds to questions from the Commission. Shelley Brock, 8770 West Chaparral Road. Brock provides a document dated April 16, 2018 and references information within the document. Brock responds to questions from the Commission. Lee Turner, 1399 West Newfield Drive. Turner expresses support for the requirement for baseline well and aquifer testing prior to operation, and adequate training for first responders. Turner expresses concerns about property values decreasing due to drilling, and expresses support for a strong ordinance. Jane Rohling, 582 Palmetto Drive. Rohling inquires whether the ordinance should specifically address whether the water from injection wells can be used to irrigate agricultural land. Rohling expresses a hope that if/when Eagle's ordinance is adopted, Eagle will support encouraging Ada County to develop a similar ordinace. Rohling responds to questions from the Commission. Jonathan Seel, 2906 North Haven Drive. Seel requests time -based requirements for notification to the City regarding reporting any leaks/spills/emission releases, requests that structures not be required to be occupied with regard to the setbacks, and requests defined provisions regarding required fencing. Seel responds to questions from the Commission. Regina Clemente, 537 Parkcenter Boulevard. Clemente commends the City of Eagle for exploring the Page 2 of 4 KAP&Z\MINUTES\2018\PZ-04.16-18m n.doc ordinance and expresses her support for the ordinance. Maryann Spiegel, 4218 West Sly Fox Street. Spiegel states that the tracers need to be specific to each well to be able to properly track, and thanks the Commissioners and City Attorney for their interest in the ordinance. City Attorney, Cherese McLain, addresses the concerns from public testimony, and responds to questions from the Commission. Chairman Wright closes the Public Hearing. General discussion amongst the Commission. Guerber makes a motion to forward the current draft ordinance to the City Council, but prior to that, direct the Attorney to incorporate the issues that have been discussed by Planning & Zoning as far as changes in this, as well as some items on the Brock recommendations that were submitted such as: in regard to the waiver on page 10, the permit application exemptions on page 6, changing the water to 3 -days on page 14 (the water testing issue), water testing issue also on page 7, the setback to a half -mile instead of a mile on page 15, and look at the incorporation of the Fruitland ordinance guidelines regarding spraying on pages 10 and 17. Seconded by McLaughlin. City Attorney, McLain requests clarification on the waiver on page 10, explaining that the reference was to McLain's note in the document. Guerber agrees with McLain; McLain to delete the note from the document. Discussion regarding setbacks. Guerber: Leaving that one at 1 -mile. Discussion. McLain confirms that the Commission intends to leave language about "tracers" out, and allow City Council to make the decision regarding whether to include such language. ALL AYES... MOTION CARRIES. 6. NEW BUSINESS: A. VAC -01-18 — Vacation to the Final Plat of Piccadillv Village Subdivision — Old Town I LLC: Old Town I, LLC, represented by Mark Butler, is requesting a vacation of the 40 -foot wide setback line shown adjacent to the west property line of Lot 12, Block 1, Piccadilly Village Subdivision. The .60 -acre site is located on the south side of East Hill Road between South Wooddale Ave and East Piccadilly Lane. City Planner, Mike Williams, provides an overview of the application. Guerber makes a motion to recommend for approval item VAC -01-18 Vacation for the Final Plat of Piccadilly Village Subdivision — Old Town I LLC. Seconded by Johnson. ALL AYES... MOTION CARRIES. 7. REPORTS: A. Commission: Commissioners Guerber and Johnson will be absent May 7, 2018. B. City Attorney: McLain is working with Bill Vaughan to overhaul the zoning ordinance. C. Staff: City Planner, Mike Williams, provides a brief overview of upcoming applications. 8. ADJOURNMENT: McLaughlin moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 7:57 P.M. Page 3 of 4 K:\P&Z\MINUTES\2018\PZ-04-16-18mi n.doc RESPECTFULLY SUBMITTED: KRISTL D. CARON CLERK OF THE MEETING APPROVED: TRENT WRIGHT, CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 4 of 4 K:\P&Z\MINUTES\2018 PZ-04-16.18min.doc EAGLE PLANNING & ZONING PUBLIC HEARING SIGN-UP SHEET ZOA-01-18 — Zoning Ordinance Amendment — City of Eagle: An ordinance of the City of Eagle, Ada County, Idaho, „whylacing Title 8, Chapter 3, Section 5, Paragraph J, with "Oil and Gas Extraction", Definition, Purpose, Zoning ossification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; replacing Title 8, Section 5, Paragraph K, with "Oil and Gas Post -Extraction", Definition, Purpose, Zoning Classification, Permit Requirement, Permit Application, Issuance of Permit, Site Design and Installation, and Waiver; amending Title 8, Chapter 2, Section 3 "Official Schedule of District Regulations"; providing a severability clause; and providing an effective date. The City of Eagle is conducting public hearings to consider adopting regulations and permitting requirements for oil and gas extraction and post -extraction activities within City limits. This includes emergency preparedness requirements and plans, water quality monitoring, mitigation and remediation, and other matters related to the health and safety of the public. April 16, 2.18 NAME (PLEASE PRINT) tJthet 014 P . 1 ;6. k-ct poozc 1 :37A )- J /gm ilk Le;, (*) I.,�rel �� ).(_)ccc ADDRESS/ TELEPHONE/E-MAIL iIt8►J. �;,a-t or eAuf Qat:-c l 6. 8431C at 56 6 `1 1.77 /2," Lc1 `t`S !,. k"y /.%'/lr i5r,1 E. R . C.� TESTIFY? YES/NO PRO/CON r PRO (nraki C)41 tt® ,RIA He., Q r go 4.4 F, :`) c I.o4A-- C° I'+ o 290 6. At X'4" 1,i; 0A, /A --).2c=10-1. w .Cs ( f-gb\ Nyz (CI corl flACu c,r?el ti,jc RECEIVED & FILED CITY OF EAGLE APR 16 2018 File. Route to Shelley Brock (8770 W. Chapparal Rd.. Eagle, ID) April 16. 2018 To the Eagle P & Z Corrrmrssioners and attorney McClain, I offer my deepest gratitude as a long time Eagle resident and also as a board member of Citizens Allied for lntegrrty and Accountability (CAIA), for your insight and conviction toward doing what it takes to protect the health safety property values and critical resources of Eagle residents and both private and public properly in our community. Just a few notes and recommendations: (Pg 2) 1. Definition - Thank you for Including this (Pg 3 & Pg 12) 2. Purpose - Thank you for removing 'economically remunerative (Pg 10) 8. Waiver tiOhL: 1'n: Ii:ull to I.(' 47-314111IH [(squire-. that "Nt, ;rtiutant:c, re,.)lutit)n• rcyullelnent t)I , ,ilid,1:(1 01 a k IIV. L(()wily or h,,IltiL,ll ,uh�livi,ictn e\cep( aS ,tate agcncv \vtth authority, shall ,Ittllally t l opci,ttlortall\ i)r )Illf)It the e\tl,ILtiorl 01 oil dal gas. !his nn allows ltir the ul)I)Ilc;int to have tilt. I)Itporiunity' 10 teyue,t a \\di\er It tiIry L Ii) ,ltt)\v, (0 the Cit\' �ati`iactle)n rry.Ilrcnicnt ,it forth herein actualiv t)I npcl,rtltintllly prohibit, Inc extraction of oil ,inti While legislation (HB301), passed in 2017 did amend some key regulations, it did not include any changes to LLUPA further restricting local authority Idaho Statute: TITLE 47 — 314 (10) To implement the purpose of the oil and gas conservation act, and to advance the public interest in the orderly development of the state's oil and gas resources, while at the sa:irrie lime recognizing the responsibility of local governments to protect the public health, safety and welfare, it is herein provided that: (b) No ordinance, resolution, requirement or standard of a city, county or political subdivision, except a state agency with authority, shall actually or operationally prohibit the extraction of oil and gas; provided however, that extraction may be subject to reasonable local ordinance Provisions, not repugnant to law, which protect public health. public safety. public order or which prevent harm to public infrastructure or degradation of the value, use and enjoyment of private property (c) No ordinance, resolution, requirement or standard of a city, county or political subdivision, except a state agency with authority, shall actually or operationally prohibit construction or operation of facilities and infrastructure needed for the post -extraction processing and transport of gas and oil. However, such facilities and infrastructure shall be subject to local ordinances, regulations and permitting requirements, not repugnant to law, as provided in chapter 65, title 67, Idaho Code. Please include these highlighted excerpts from statute also 5. Permit Application (Pg 6 & Pg 13) MSDS on all chemicals with no exemptions for trade secrets • Thank you for adding this critical lure for our First Responders and ER staff (Pg 6) NOTE,: The City operate,.atcr ystem and hip, a direct interest in protecting. the watershed and .quitcrs. 1DE-() 1mnplcrnents the Clean Water Act and has it,. own regulations to monitcor water c:ualrty a; well. See attached - exemptions for oil & gas operations from federal environmental protections (Pg 6 & 7) j. Baseline water testing requirements * Thank you for adding requirement that it be by independent third party at applicants expense and for including the list of essential constituents to test for (Pg 14) k. The applicant shall comply with all state and federal air und_water quality regulations. The applicant shall report the receipt of any air or water quality complaints to the City within ten days of receipt. * Recommend a shorter timeline for reporting complaints to city (i e 3 days?) (Pg 7) k. Non-reactive and non -radioactive chemical tracers must be used in all drilling fluids. Please add: Non -radioactive tracing or tagging additives, unique for each permitted drill site must be added to all fluids used for drilling, as well as post -drilling well 'treatments' — including hydraulic fracturing (aka (racking)_ The city shall be notified in writing of the formula identifying such additive(s), so that any negative impacts on water sources (i.e. Teaks, contamination of aquifers and surface waterways), can be most effectively traced directly to the source. I. Automatic shut off valves that can be operated remotely with access available to the City and applicable FR's - Thank you for adding this critical requirement (Pg 7) n. The applicant shall submit with application a certificate of comprehensive general liability insurance in the amount of no less than fifteen million dollars ($15.000,000) per occurrence with an aggregate of thirty million dollars ($30,000,000) and a company authorized to do business in the state of Idaho shall write the policy. The certificate shall require at least thirty (30) day notice to the City prior to termination of coverage for any reason. Should include. At time of application, the applicant shall provide written indemnification for the city (as on Pg 15 under post extraction - thank you) c. Setbacks/Location i) Except as provided in I.C. 47-319, oil and gas wells, tank batteries and gas processing facilities shall not be constructed within one-half of a mile of the rc}:ert� line of an occupied structure, place of worship/asscinbl\1 medical faLilit's/fhospital, domestic water well, canal, ditch or the natural or ordinary high-water mark of surface waters or within a one-quarter mile of a highway. Thank you for adding this important language (Pg 9 & Pg 16) - Thank you for adding this requirement for flaring Lighting at an oil or gas well site, either temporary or permanent, shall be directed downward and inward and comply with dark sky principles. F'larin`1' is not permitted between sunset and sunrise. Pg 10 and Pg 17: iOperator shall control fugitive dust arising from operations and truck traffic. Operator shall dust proof the site by applying water, road mixture, or other means that reduce dust. Petroleum based and synthetic polymers, and electrochemical products are prohibited. Should include verbiage from Fruitland Ordinance #629 to prevent spraying on roadways of radioactive. chemical laden flowback and produced water-. Brine water. sulfur water. water in mixture with any type of hydrocarbon. including used motor oil may not be used for dust suppression (Pg 15) c. Setbacks/Location i) Post -extraction facilities shall not be constructed within: one-half of a mile from a highway on -utile from clic proi)ertv line_Of an occupied structure, a water well, ditches or canals, an occupied school_ -t -j+ hospital/medical facility_k_lt place of wc'rshi.p/assembl v t)ther\ iae : ipl v . itit 1l) A\l'.A '20.07 02.4T 0.(. 1, ,;s rtav he unleiicic:cl Is the '1 mile distance a Typo9 Setbacks of 1 mule would likely be considered extreme and could be construed as operationally prohibitive Please clarify the last line 111 regards to this November 14. 2017. the city of Fruitland held a Planning & Zoning hearing. At that hearing State Senator Abby Lee (D9), who has been heavily involved over the past several years with oil & gas legislation, stated that lawmakers (including herself) had fought to preserve LLUPA, which establishes, in law, the right and obligation of cities and counties to develop regulations that protect their way of life. Senator Lee specified that the State minimum 300 foot setbacks are NOT the ceiling, but rather a floor and that the Idaho Legislature intended for communities to establish larger setbacks when deemed appropriate based upon local community standards and needs. She further asserted that this is a "real opportunity to test that authority and, if necessary, to go back to the legislature and protect that LLUPA piece because it's a critical and shared value across our state". Finally. she recommended that cities and counties adopt adequate regulations now before drilling starts, because "as Payette County goes on oil and gas, so goes the state." On December 11, 2017, Fruitland City Council met to discuss the revised ordinance In her opening statements city attorney Bonney clarified. for the record, that cities and counties cannot be sued by the State, the Idaho Oil and Gas Conservation Commission (IOGCC), or Idaho Department of Lands (IDL), for writing strict drilling ordinances because the State and its agencies have no legal standing as the injured parties. Only an applicant for a drilling permit can sue as an injured party and in doing so they risk losing in court and establishing a legal precedent for similar losses in other jurisdictions. Texas-based Alta Mesa, currently the only active producer here in Idaho, was reportedly $875 million in debt just last year and was hit with a $4.57 million settlement for fraud, deceit. RICO, etc., for non-payment and under -payment of royalties to property owners in another state just a few months ago. Similar concerns have been voiced by mineral owners who contracted with them here in Idaho. Their stock has been in a downward spiral since they went public just a month or so ago They are also pushing hard for Class II injection wells here — a documented cause of water & soil contamination, earthquake clusters and a threat to public health and safety in oil and gas producing states across the nation - in order to dispose of waste and produced water as cheaply as possible. Alta Mesa Agrees To Pay $4.57M To Settle Gas Royalty Row It\ Michael Phillis 1aw36n corn'articles' { i 1>:' 1? 31!a mesa agreec,-to) )ay_4- 5,n;-to-settle-gas-rova?ty-rew Lower oil and gas severance taxes, secrecy prompts suspicion in W. Idaho BY ROCKY BARKER Failure to pass adequate protections for our community because of apprehension that this, or any other operator might retaliate in court would be ludicrous. Testimony by these public officials has reiterated what we at CAIA have been saying all along — that you do have the authority under LLUPA and that it is your duty to exercise that authority in order to protect your constituents and their property, as well as public infrastructure, from potential negative impacts of drilling operations within Eagle city limits. Important Terms of State Leases Most are split estate —mineral rights always trump surface rights • Most minerals under these homes & farms leased for 25 cents per acre. • Alta Mesa has the right to use as much of the surface as necessary for exploration, drilling, production & marketing of oil & gas produced there, including: all works, buildings, plants, waterways, roads, communication lines, pipelines, reservoirs, tanks, pumping stations & other structures necessary to "full enjoyment and development of the leased premises". • Each lease up to 10 year term - can be extended indefinitely as long as Alta Mesa conducts diligent and continuous drilling, or reworks (through stimulating/fracking), wells in order to restore or improve production. • All wells must be drilled, maintained and operated so as to produce the maximum amount of oil and/or gas possible. A penalty is assessed if drilling doesn't commence within the first 5 years of the lease. LOOPHOLES FOR POLLUTERS - The oil and gas industry's exemptions to major environmental laws Loopholes: lilt ;II <rnd yes Indust" Is ;.xernpr (ruin k,' , fi3dt'Idl crwIr linent.il 1,111' - -- rli; ,nny hra�_'R :s t ; t .. ;dirt .;tht�rl•iis• I� il�. u.•iI ��,� t5\r'111ptions date k,,fkl. iii•,.rdc-s Otht•b, ildoptrti 1 t•t ontly os 2005. y'tr1HH1- states and 11 bi , havo tried in fill th"" nips Oleo r _Iles and r. c;ul,lTIon�, they vco y ,^. iely In •-tfrr :'illi ti .... � .:-+r+,c"' •.`t1i•r;tl iiW5 pInv;(Ir •,on,,stt•nT �i,,n111• I. 1! ,• . y it, r5sa nh,rl 1 .1 II( \\.it(• \t1—`I)\\.\ The Safe Drinkina Water Act' (SDWA) of 1974 was estab- lished to protect America's drinking water. It covers waters actually or potentially designated for drinking, whether .rom above ground or underground sources. The Enerav Policy Act of 2005 exempted hydraulic fractur- ina (frackina) from SDWA' oversight, leaving drinking water sources in the 34 oil and gas producing unprotected from the host of toxic chemicals used during (racking. Congress qualified this exemption to regulate diesel fuel additives used during fracking, which requires industry to apply for a SDWA permit if they are using diesel fuel to hydraulically fracture a well. '111c. t I�.In \ 1 \ t — t \ \ The Clean Air Actl (CAA), adopted in 1970, is the compre- hensive federal law that regulates air emissions from area, stationary, and mobile pollution sources. The CAA estab- lished limits for major pollution sources called the National Emission Standards for Hazardous Air Pollutants (NEHAPS)4. NEHAPS must be met by installing the Maximum Achievable Control Technology (MACT) for each source. Smaller sources of pollutants that are under common con- trol by a single operator, are located in close proximity to each other, and perform similar functions are considered as one source of emissions. This aggregation allows for the CAA oversight of smaller sources that, when concentrated, may actually be as harmful as larger sources. 'kW] NN KS. OGAF' Unfortunately, the CAA exempts oil and gas wells, and in some instances pipeline compressors and pump stations, from aggregation. This exemption to the aggregation requirement allows the oil and gas industry—which often operates many small facilities in one area—to pollute the air while being largely unregulated under the CAA. In addition, in 1991 hydrogen sulfide was removed from the list of Hazardous Air Pollutants under the CAA. This elimi- nation has remained despite a 1993 EPA study, Hydrogen Sulfide Air Emissions Associated with the Extraction of Oil and Natural Cas, which clearly concludes that accidental releases of hydrogen sulfide during oil and gas development are a serious air quality concern and pose a great risk to public health. Common symptoms of exposure to low levels of hydrogen sulfide can include headache, skin complications, respiratory problems and system damage, confusion, verbal impairment, and memory loss. ( Ic,111 \\ arc'i \t I - r \\ \ Enacted in 1972 , the Federal Water Pollution Control Acts, commonly known as the Clean Water Act (CWA), establishes the basic structure for regulating discharges of pollutants into the waters of the United States. In 1987, Congress amended the CWA to reauire EPA to develop a permittina oroaram for storm - water runoff — but exempted oil and gas oroduction6 The 2005 Energy Policy Act amended the CWA to redefine sediment as a nonpollutant. This redefinition broadened the existing exemption for storm - water discharges to oil and gas construction.These exemptions leave streams and rivers in high oil and gas areas unprotected from sediment run-off caused by the construction and operation of well pads, pipelines, drill rigs, The oil and gas industry is exempt from key provisions of seven major federal envi- ronmental laws — allowing practices that would otherwise be illegal. READ OUR COMPLETE EXEMPTIONS WHITE PAPER http //oiigas-exemptions earthworksaction.org MORE NEXT PAGE EARTHWORKS • 1612 K St., NW. Suite 808 Washington, D.C., USA 20006 www.earthworksactron.org • www.ogap org • Ipagel@earthworksaction org • 202.887.1872 LOOPHOLES FOR POLLUTERS - The oil and gas industry's exemptions to major environmental laws -4. Rc,1 mac all, ,n mid Rc(.(A l•rl . \c r - R(.R \ Adopted in 1976, the Resource Conservation and Recovery Act' (RCRA) is the principal federal law that governs the disposal of solid and hazardous wastes. The law takes a "cradle to grave" approach to ensure that wastes are handled properly from the point of creation to transport to disposal. In 1980. Conaress exempted oil field wastes (which includes waste from natural aas production) from RCRA8 until ERA proved they were a danger to human health and the environ- ment. Rather than do so, EPA eventually ceded authority to regulate these wastes to the states. This exemption leaves produced water, drilling fluids, and hydraulic fracturing fluids from oil and gas production unregu- lated under the nation's premier hazardous waste law. This allows unsafe handling of toxic substances, including their con- ventional transport on roads and treatment in municipal rather than specialized facilities. �). ( 1 iI 111.111.1111(.111,1 \ (- 1..11\ Tri >11lllei11.1 I\cS111 >I1�C. ( .t>11111CIl,,f1l'11. incl 1.1.1lllllll. \(-I - (:11K( Commonly known as the "Superfund" law, the Comprehensive Environmental Response. Compensation. and Liability Act9 (CERCLA) of 1980 makes liable those responsible for a spill or release of a hazardous substance into the environment. Included in the list of hazardous substances under CERCLA are benzene, toluene, ethylbenzene, and xylene (Btex)- chemicals found in crude oil and petroleum. Yet CERCLA exempts these substances from liability reauire- ments if they are found in crude oil and petroleum1° (which are used in natural gas production). Thus, hazardous chemicals that would otherwise be regulated under CERCLA are immune from the statute. The definition of hazardous substance also excludes natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable for fuel. In addition, Superfund allows "Potentially Responsible Parties" to be held liable for clean-up costs for a release or threatened release of a "hazardous substance." But CERCLA defines this term to exclude oil and natural gas. Consequently, industry has little incentive to clean up its hazardous waste, or to minimize Teaks and spills, in part because the exemption allows compa- nies to escape liability when these problems occur. 1 http.//water epa gov/lawsregs/rulesregs/sdwa/index ctm 2 http //halliburton earthworksactron.org/ 3 http//www epa.gov/au/caa/ 4 http//cfpub epagov/compliance/resources/policies/civil/caa/ details cfm?CAT_ID=&SUB ID=92&templatePage=7&title=Natio na1%20Emisslons%20Standards%20for%20Hazar dous%20Au%20 Pollutants9620INESHAPs) 5 http //cfpub epa gov/npdes/cwa.cfm)program_rd=4S 6 http //ncseonline org/nle/crsreports/10Sep/97-290 pdf 7 http.//www epa gov/epawaste/rnforesources/online/Index htm 8 http //www.epa gov/osw/nonhaz/mdustnal/speual/oil/oil-gas.pdf 9 http//www epa.gov/superfund/policy/cerclahtm 10 http //www epa.gov/superrund/policy/release/rg/index htmrtsubstance 11 http //frwebgate access gpo gov/cgs-bin/getdoc 6 \,Ili, ln,ll I'.n\ IrUlltlle111;1l 1'()1ic\ \cr - '<! 1I' 1 The National Environmental Policy Act" (NEPA) of 1970 establishes the broad national framework for protecting our environment. NEPA's ensures the federal government gives proper consideration to the environment before undertaking any major federal action (including involve- ment in industrial projects) that significantly affects the environment. The Enerav Policy Act of 2005 stripped NEPA's strong reauirements for public involvement and environmen- tal review when it comes to several oil and aas related activities". It stipulated that they should be analyzed and processed by the Interior and Agricultural Departments under a much narrower and weaker process known as a "cateaorical exclusion1l" (CE), as opposed to the more comprehensive and stringent Environmental Assessment" (EA) or Environmental Impact Statement15 (EIS) required under NEPA. In addition, a CE does not allow for any public comment. In 2006 and 2007, the BLM aranted this exemption to about 25 percent of all oil and aas wells approved on public land16 in the West. 111( I .\.Ic R(1(,1 c ln\cm(Irl c)1 1.1'(:R.1 The Toxic Release Inventory" (TRI) was created by section 313 of the Emeraencv Plannina and Community Rioht-to- Know Act18 (EPCRA) of 1986. It requires most industries to report significant of toxic substances to the EPA, which then aggregates and disseminates the information to the public. The information on chemical use and release includes point and fugitive onsite air releases, water releases, on and off-site land releases, underground injection, transfers to a Publicly Owned Treatment Works (POTW) or waste management facility (including the name and address of the facility), and the use of specific on-site waste treatment and management practices. But despite their use of toxic chemicals throughout pro- duction, oil and aas facilities are not reauired to reoort to the TRI19. This exemption leaves communities in oil and gas producing areas in the dark about what chemicals are being released—making it difficult to attribute responsi- bility and seek remedy for resulting health and environ- mental problems. cgi?dbname=browse_usc&docid=Cite r42USC4321 12 http //www fs.fed us/geology/guidance_nov2005 pdf 13 http.//en.wikipedia org/wrkr/Nat,onal_Environmental_PoIicy_ Act#CE_ 28Categoncal_Exclusron 29 14 http//en wikipedia org/vnki/Nahonal_Environmental_Policy_ Acts+EA 28Environmental Assessment 29 15 http-//en wikipedia org/vnki/Nahonal_Envuonmental_Pohcy_ Act#E15_ 28Envrronmental_Impact_Statement 29 16 http.//wvvw gao gov/new tems/d09872.pdf 17 http //epa.gov/tn 18 http//www epa gov/tn/guide_docs/pdf/2001/lead_doc.pdt 19 http //www epa.gov/tn/lawsandregs/naic/ncodes htm NOTE. this fact sheet is a synopsis of a more comprehensive white paper available at http.//odgas-exemptions ear thworksaction.org 1 \14111`, ()kis, EARTHWORKS 1612 K St , NW, Suite 808 Washingtt D C USA 20006 • 202.887.1872 Ipagel@earthworksaction org www earthworksaction.org • www.ogap org BEST STATES Firestone. CO April, 2017 Firestone, CO fatal home explosion A Denver Post review of state records shows at least a dozen explosions have occurred in oil and gas industry facilities in Colorado since an explosion killed two men in April. Dec. 7, 2017, at 11:08 a.m. AP ---- A Dene i Post nevevi of stat,' records shows at least a dozen explosions gas ''dust'y facffit;(-...,s n snce an explosion killed two The newspaper reports that two people were killed in the explosions since the deadly blast in a neighborhood in Firestone in April. The state hasn't taken enforcement action in the Firestone deaths, citing the lack of rules covering fatal accidents in the oil and gas industry. State regulators have proposed changes to some existing rules in response to those deaths, but the proposals do not deal with fatalities. servation agenc‘:,, for falai expiosions. L.awrnaKers created the i-,orni-r,:ssidn ensure ;?J consistent with epvtronmeozal protectIon and pubiic safety stanctards Information from The Denver Post, http.//wvvw denverpost com Copyright 2017 The - All rights reserved This material may not be published, broadcast. rewritten or redistributed. OILFIELD IKI Directional drilling Directional drilling (or slant drilling) is the practice of drilling non -vertical by deviating a wellbore along a planned path to a target located a given lateral distance and direction from vertical. It can be broken down into three main groups: . •Directional Drilling, Utility Installation Directional Drilling (or H.D.D. or Horizontal Directional Drilling) and in -seam directional drilling (Coal -Bed methane). This article is mainly focused on directional drilling. Directional drilling is a very valuable tool in oil/gas exploration and production. It not only increases reservoir recovery factor, but also minimizes drilling and operational footprint by reaching the whole reservoir from concentrated spots. The • . indicates that using horizontal drilling can lead to an increase in reserves in place by 2% of the original oil in place. The production ratio for horizontal wells versus vertical wells is 3.2 to 1, while the cost ratio of horizontal versus vertical wells is only 2 to 1 History Many prerequisites enabled this suite of technologies to become productive. Probably the first requirement was the realization that oil wells - or water wells, are not necessarily vertical. This realization was quite slow, and did not really grasp the attention of the oil industry until the late 1920s when there were several lawsuits alleging that wells drilled from a rig on one property had crossed the boundary and were penetrating a reservoir on an adjacent property. Initially, proxy evidence such as production changes in pre-existing wells was accepted, but such cases fueled the development of small diameter tools capable of surveying wells during drilling. Measuring the inclination of a wellbore (its deviation from the vertical) is comparatively simple, requiring only a pendulum. Measuring the azimuth (direction with respect to the geographic grid in which the wellbore is running from the vertical). however, was more difficult. In certain circumstances, magnetic fields could be used, but could be influenced by metalwork used inside wellbores. as well as the metalwork used in drilling equipment. The next advance was in the modification of small gyroscopic compasses by the who were making similar compasses for aeronautical navigation. Sperry did this under contract to ` (who were involved in a lawsuit as described above), and a spin-off company was formed, which brand continues to this day, absorbed into Three components are measured at any given point in a wellbore in order to determine its position: the depth of the point (measured depth), the inclination at the point, and the magnetic azimuth at the point. These 3 components combined are referred to as a "survey". A series of consecutive surveys are needed to track the progress and location of a wellbore. Many of the earliest innovations such as photographic single shot technology and crow's feet baffle plates for landing survey tools were developed by Robert Richardson, an independent directional driller who first drilled in the 1940s and was still working in 2008. Prior experience with rotary drilling had established several principles for the configuration of drilling equipment down hole ("Bottom Hole Assembly" or "BHA") that would be prone to "drilling crooked hole" (initial accidental deviations from the vertical would be increased). Counter - experience had also given early directional drillers ("DD's") principles of BHA design and drilling practice which would help bring a crooked hole nearer the vertical. In 1934. John Eastman of California became a pioneer in directional drilling. (E&P. "Making a hole was hard work", Kris Wells. AOGHS Contributing Editor, Nov. 1. 2006). In a May,1934 Popular Science Monthly article, it was stated that " Only a handful of men in the world have the strange power to make a bit rotating a mile below ground at the end of a steel drill pipe, snake its way in a curve or around a dog leg angle, to reach a desired object." By 1973, the two companies had merged to become Eastman Whipstock, Inc., the world's largest directional company. Combined, these survey tools and BHA designs made directional drilling possible, but it was perceived as arcane. The next major advance was in the 1970s, when drilling motors (aka driven by the hydraulic power of drilling mud circulated down the drill string) became common. These allowed the bit to be rotated on the bottom of the hole, while most of the drill pipe was held stationary. Including a piece of bent pipe (a "bent sub") between the stationary drill pipe and the top of the motor allowed the direction of the wellbore to be changed without needing to pull all the drill pipe out and place another whipstock. Coupled with the development of tools (using , or telemetry, which allows tools down hole to send directional data back to the surface without disturbing drilling operations), directional drilling became easier. Certain profiles could not be drilled without the drill string rotating at all times. Benefits Directional wells are drilled for several purposes: • Increasing the exposed section length through the reservoir by drilling through the reservoir at an angle • Drilling into the reservoir where vertical access is difficult or not possible. For instance an oilfield under a town, under a lake, or underneath a difficult to drill formation • Allowing more to be grouped together on one surface location can allow fewer rig moves, less surface area disturbance, and make it easier and cheaper to complete and produce the wells. For instance, on an or jacket offshore, up to about 40 wells can be grouped together The wells will fan out from the platform into the reservoir below. This concept is being applied to land wells, allowing multiple subsurface locations to be reached from one pad, reducing costs. • Drilling a " to relieve the pressure of a well producing without restraint (a "blow out"). In this scenario, another well could be drilled starting at a safe distance away from the blow out, but intersecting the troubled wellbore. Then, heavy fluid (kill fluid) is pumped into the relief wellbore to suppress the high pressure in the original wellbore causing the blowout. Most directional drillers are given a well path to follow that is predetermined by engineers and geologists before the drilling commences. When the directional driller starts the drilling process, periodic surveys are taken with a downhole instrument to provide survey data (inclination and azimuth) of the well bore. These pictures are typically taken at intervals between 30-500 feet, with 90 feet common during active changes of angle or direction, and distances of 200-300 feet being typical while "drilling ahead" (not making active changes to angle and direction). During critical angle and direction changes, especially while using a downhole motor. an MWD ( ) tool will be added to the to provide continuously updated measurements that may be used for (near) real-time adjustments. These data indicate if the well is following the planned path and whether the orientation of the drilling assembly is causing the well to deviate as planned. Corrections are regularly made by techniques as simple as adjusting rotation speed or the drill string weight (weight on bottom) and stiffness, as well as more complicated and time consuming methods, such as introducing a downhole motor. Such pictures, or surveys, are plotted and maintained as an engineering and legal record describing the path of the well bore The survey pictures taken while drilling are typically confirmed by a later survey in full of the borehole. typically using a "multi -shot camera" device. The multi -shot camera advances the film at time intervals so that by sealing the camera instrument into a tubular housing and dropping the assembly into the drilling string (down to just above the drilling bit), and then withdrawing the drill string at time intervals, the well may be fully surveyed at regular intervals (approximately every 90 feet being common, the typical length of 2 or 3 joints of drill pipe, known as a stand, since most drilling rigs "stand back" the pipe withdrawn from the hole at such increments, known as "stands") Drilling far from the surface location still requires careful planning and design. The current record holders manage wells over 10 km (6 miles) away from the surface location at a depth of only 1.600-2,600 m (5,200-8,500 ft). Disadvantages Until the arrival of modern downhole motors and better tools to measure inclination and azimuth of the hole. directional drilling and horizontal drilling was much slower than vertical drilling due to the need to stop regularly and take time consuming surveys, and due to slower progress in drilling itself (lower rate of penetration). These disadvantages have shrunk over time as downhole motors became more efficient and semi -continuous surveying became possible. What remains is a difference in operating costs. for wells with an inclination of less than 40 degrees. tools to carry out adjustments or repair work can be lowered by gravity on cable into the hole For higher inclinations. more expensive equipment has to be mobilized to push tools down the hole Another disadvantage of wells with a high inclination was that prevention of sand influx into the well was less reliable and needed higher effort. Again, this disadvantage has diminished such that. provided sand control is adequately planned, it is possible to carry it out reliably. Stealing oil In 1990. accused of stealing Iraq's oil through slant drilling.( IThe United Nations redrew the border after the 1991 Gulf war that liberated Kuwait from a seven-month Iraqi occupation under former leader Saddam Hussein. It placed 11 oil wells, some farms and an old naval base that used to be in Iraq on the Kuwaiti side, In the mid -twentieth century. a slant -drilling scandal occurred in the huge Slant -hole Horizontal well well Lenticular reservoir \..J tl k_1-•" Blanket reservoir I I ! I I 1 f I 4 I I -""wi.......1,_, S I Slant and Horizontal Drilling Sc..rce us35 Image may be subject to copyright. Page 1 of 1 Hide " v Privacy and Cookies Legal Advertise About our ads Help Feedback © 2018 Microsoft