Oil and Gas Industry myth vs. reality

1. Oil and Gas Industry myth vs. reality • Longmont Planning Committees • December 7, 2011 • Weston Wilson • EPA (retired)

4. Myth #1 - Fracking is a 60-year-old, safe, and proven technology • High-volume, chemical fracking in horizontal wells from multi-well pads is 5 - 6 years old. • With virtually no scientific investigation, the jury is still out on whether this new technology is safe.

5. Contamination from bad wells and accidents • Bad well construction (“bad wells gone bad”) • Spills – especially spills of undiluted fluids • Leaking Pits – frack flow-back fluids placed in open pits • Production fluids mismanagement - frack fluids are re-injected or hauled to landfills

6. Contamination that could be systemic • “Good wells gone bad” -pathway allowed by brittle geology • Air pathways from pits and condensate tanks • Evaporation of toxic frack fluids and VOCs from open pits • VOCs could later condense and ‘rain’ on an ecosystem

7. Myth #2 - Natural gas is a clean fuel • Yes, natural gas has no SOx, NOx, or particulates when burned • Unconventional wells leak 250x more methane than conventional wells. • Natural gas production results in more global warming than coal • 3.6 - 7.9 % methane leakage rate • methane has 105x heat trapping effect compared to CO2 over 20 years

8. Myth #3 - Fluid migration from faulty wells is rare • Fluid migration is not rare. • Canadian researchers found 12% of new wells leaked. • EPA found benzene, toluene, and 2BE, near Pavilion, Wyo. Lisa Jackson, EPA Administrator, said ‘it is possible that fracking caused’ this contamination. • COGCC report on Laramie-Fox Hills Aquifer found 36% of gas wells had gas flow in the surface casing and all 9 water wells tested had biogenic gas. • Greater Wattenburg Baseline Study Report by LT Environmental, Inc., for COGCC, June 2007, page 3-1.

9. Myth #4 - COGCC’s “Correcting Gasland” refutes Colorado cases • GOGCC actions actually confirm key Colorado scenes shown in Gasland • Weld Co. - Aimee Ellsworth’s well had thermogenic gas and she reached a settlement with industry, cause not determined. • Garfield Co. - Stream near Lisa Bracken’s property had thermogenic gas 1500 feet away, faulty well the cause.

10. Myth #5 - State claims that their data shows no ground water contamination • State uses domestic wells where homeowners volunteer, not suited for scientific inquiry • Neither state nor industry determines the cause of contamination events • Industry investigates to defend industry -not at fault. • State fails to determine cause in almost all cases. • And, if industry is at fault, landowner agreement with non-disclosure clause prevents investigation.

11. Myth #6 - Cities and Counties are pre-empted from regulating oil and gas activities • Cities /counties can regulate “if not materially different and in harmony with state rules.” • setbacks greater than 150/350 feet • obligate clean-up to pre-existing conditions • require closed-loop systems • benign fluids could be required • ground water monitoring wells obligated

12. Myth #7 - Colorado Cites cannot stop drilling due to legislative pre-emption • Colorado Home-rule Communities have authority under the State’s Constitution to restrict industrial activity. • “Neither property rights, nor contracts rights are absolute, for government cannot exist if the citizen may at will use his property to the detriment of his fellows.” Supreme Court, 1932 • Pittsburg did it -- so did 140 other communities in Pa. and New York. • New York City has banned drilling in watershed by legislative action.

13. Thank you