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Where fracking Is permitted,water sup-
<br /> ply issues include identifying the sources
<br /> of the water that will be used for fracking, -
<br /> how much water is needed and projected
<br /> to be needed for natural gas operations in a
<br /> particular state or watershed,how this will
<br /> and what will happen
<br /> to the water after it is u
<br /> affect competing uses,
<br /> sed.Some states have
<br /> taken steps toward monitoring or regulating
<br /> the amount ofwater to be used in gas drilling.
<br /> For example,in 2011,Michigan's Department
<br /> of Environmental Quality began requiring gas LL
<br /> companies to provide a proposed total volume X
<br /> of water needed for fracking operations,com-
<br /> plete
<br /> om plete an online water withdrawal evaluation,
<br /> and explain the source of their water before
<br /> beginning extraction.Companies must also
<br /> disclose the amount of water pumped out fol-
<br /> lowing the fracturing process, applications to go through a substantial ap- reporting requirements related to recycling.
<br /> Much of the water used in fracking re- plication process,requiring a majority vote of The Texas Railroad Commission relies on op- k-
<br /> mains trapped deep underground(Ohio EPA commissioners for approval(Collins 2016), erators to self-report recycling efforts in order ,
<br /> 2012).The U.S.Environmental Protection In addition,permit approval is limited to six to understand how much recycling is taking
<br /> Agency estimates that anywhere from five months,and operators must undergo seismic place(MoraviC 2015).Setting specific targets
<br /> to 75 percent of the water is pushed back up monitoring and regular testing(Collins 2o16). for water recycling and requiring that opera '
<br /> to the surface(U.S.EPA 2015).This water, There is also the option to incentivize tors report on their recycling efforts are poten-
<br /> called"flowback,"may contain elements of wastewater recycling.The Texas Railroad tial ways to further expand recycling programs
<br /> the chemicals added to the fracking fluid or Commission adopted regulations in 2013 to and increase their efficacy.Alternatively,there
<br /> hazardous chemicals from below the earth's encourage recycling of fracking wastewater is also the approach of banning subsurface
<br /> surface.Flowback contains not only chemicals on well sites.Drilling operators do not need a injection of waste altogether,which is the
<br /> that were initially added to the water,but permit to recycle water on land that they are path that North Carolina took(General Stat-
<br /> also other chemicals that were located under- leasing,including directly on well sites,or to utes§113-395.2). 4
<br /> ground and mixed with the water when the transfer fluids to another operator's lease in
<br /> shale was burst open from the fracking pro- order to be recycled(16 Texas Administrative CAN COOPERATIVE FEDERALISM HELP US?
<br /> cess,some of which maybe hazardous.Be- Code§3.8(d)(7)(B)).In addition,operators Another important factor to consider when
<br /> Icause of these chemicals,flowback cannot be may store fluids that are awaiting recycling, discussing the scope of local authority is not
<br /> treated by typical municipal water treatment or treated fluids,on-site in recycling pits that just the ways in which state law preempts I
<br /> 4
<br /> plants,which are not designed to process and meet certain criteria(§§3.8(d)(3)(F),(d)(4)(G)). local regulation,but also which federal laws
<br /> treat hazardous wastes.Operators commonly Recycled fluids may also be reused without a may apply and may influence—and even in-
<br /> dispose of water used in fracking operations permit in oil and gas operations for any use centivize—the actions of local.and regional
<br /> by injecting it down disposal wells,which has authorized by a permit obtained from another authorities.A fascinating example of this is
<br /> often been the most inexpensive means of state or the federal government(§3.8(d)(7) the Endangered Species Act and,specifically,
<br /> disposal. (B)(ii)).A year later,the Railroad Commission what occurred with the potential listing of the
<br /> In certain areas where the demands on hosted a Texas Oil and Gas Water Conserva- greater sage grouse over the last couple of
<br /> the water supply are unsustainable or unable tion and Recycling Symposium and assessed years.The greater sage grouse was proposed
<br /> to be met by current supplies,or where under- the impact of the regulations.Operators said to be listed on the Endangered Species Act as
<br /> -ground injections have caused earthquakes, that the new regulations made it economically threatened or endangered.The habitat of the
<br /> or are suspected of causing or contributing to viable to enhance their water recycling efforts sage grouse as recognized by the federal gov- C
<br /> earthquakes,more drastic measures might be (TRC 2014).Companies reported a recycling ernment covers huge expanses of land across I
<br /> I,
<br /> taken.For example,the Oklahoma Corpora- capacity of up to 1.5 million barrels of water 11 western states including Colorado,Utah,
<br /> tion Commission(OCC)has restricted fracking per day and had recycled up to 5o million Wyoming,Montana,Idaho,and Oregon—ap-
<br /> operations within a zone of approximately barrels of water since 2012,and the amount proximately 165 million acres.Much of these
<br /> 1o,000 square miles in central Oklahoma of wastewater being trucked and disposed areas are also prime areas for oil and gas
<br /> (Collins 2o16).The OCC aims to reduce the underground decreased(TRC 2014). development.
<br /> amount of wastewater being injected un- There is currently no set goal for the If the sage grouse were listed as an en-
<br /> der round for disposal b
<br /> g p y 300,000 barrels amount of wastewater recycling that the state dangered species,the impact on the oil and
<br /> per day and now requires new injection well hopes to achieve,and there are currently no gas industry would have been tremendous.
<br /> ZONINGPRACTICE io.16
<br /> AMERICAN PLANNING ASSOCIATION I page.5
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