New DEQ fracking rules don’t help; we still need a ban

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A frack well in Gladwin County, Wiley 1-81 HD1, in 2012. Photo by LuAnne Kozma.

By Ellis Boal

After public hearings last summer amid the public uproar about fracking, in March 2015 the Michigan Department of Environmental Quality’s Office of Oil, Gas and Minerals published new administrative rules for oil, gas, and fracking. DEQ provided a link and said the new rules:

contain additional requirements when completing a well using high volume hydraulic fracturing [HVHF] by modifying Rule 201 and adding Part 14 High Volume Hydraulic Fracturing. The revised administrative rules also contained other minor updates related to definitions, injection, and spacing issues.

Since horizontal fracking came to Michigan in 2010, some environmental groups have put all effort into improving sloppy practices, and getting tighter DEQ fracking regulation.

The new rules show the futility of those efforts. If anything, they facilitate more fracking than the old rules.  Protection of public health, the environment, forests, water resources, air, climate, and our communities is still at stake.

The technical details are below.

“Construction of part”

The overall show-stopper is the legislature’s statutory finding at MCL 324.61502. This law will remain in place unless the ballot initiative campaign of the Committee to Ban Fracking in Michigan succeeds in 2016. Innocuously titled “construction of part” – meaning “how the DEQ is to construe part 615 [the state oil-gas law]” – the finding ends with these words:

It is accordingly the declared policy of the state to protect the interests of its citizens and landowners from unwarranted waste of gas and oil and to foster the development of the industry along the most favorable conditions and with a view to the ultimate recovery of the maximum production of these natural products. To that end, this part is to be construed liberally to give effect to sound policies of conservation and the prevention of waste and exploitation.

Binding on judges, juries, and DEQ regulators, this special-interest provision has been on the books since 1939. Most government agencies treat their regulated industries neutrally. Not so with DEQ and oil-gas. “Fostering” the industry means fostering oil-gas profits. “Maximizing” oil-gas production means maximizing Michigan’s contribution to fossil fuel-driven global warming.

Thus “construction of part” declares a vision statement or ideology, that animates both the old DEQ rules and the new DEQ rules.

The citizen-led ballot initiative will ban horizontal fracking and acidizing in the state, and render the HVHF rules obsolete.

Just as importantly, it will eliminate the oil-gas industry’s special-interest protection. Instead of fostering the industry and maximizing production, the new “construction of part” will say:

It is accordingly the declared policy of the state to protect the interests of its people and environment during gas and oil development. This part is to be construed liberally to give effect to sound policies of conservation and to protect water resources, land, air, climate, human health, and the natural environment.

Terminology and a caveat

Terminology: “Part 615” noted above refers to the oil-gas “part” of Michigan’s overall environmental law known as “Natural Resources and Environmental Protection act” (NREPA), found at MCL 324.101 et seq. Part 327, noted below, is also in NREPA.

The DEQ rules are also divided into “parts,” numbered part 1 through part 14. They are in a different number sequence than the parts of NREPA. Confusingly, the two sets of “parts” have no relation to each other.

The caveat: Many of the new rules refer to “high volume hydraulic fracturing” (HVHF), defined as fracking which uses a total volume of more than 100,000 gallons of primary carrier fluid. HVHF usually occurs in wellbores which are horizontal, but not always. The ballot initiative of the Committee to Ban Fracking in Michigan by contrast seeks to ban fracking and acidizing in horizontal wellbores, without tying it to a specific volume of primary carrier fluid.

Details on the new rules

  • Greenhouse gas (GHG) emissions: On April 27 the Detroit News editorialized against signing the ballot initiative, asserting that the new rules “control methane emissions.” They do not. New rule 1404(1)(c) provides only for testing for methane (and six other chemicals) in water wells which are near HVHF wells. No tests are done for fugitive methane (methane which escapes into the air). Methane is the primary constituent of natural gas, and a potent GHG. Other new rules say nothing and do nothing about Michigan’s contribution to global warming. Comments by Ban Michigan Fracking at last summer’s hearings made particular note that the prohibition of “waste” in MCL 324.61501(q)(ii)(B) does not include air or climate as protected values, and that DEQ’s historic permitting practice has been to monitor only non-GHG emissions.
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This frack well fragmented a state forest in Antrim County, 2011, (State Mancelona 1-28 HD1). Photo by LuAnne Kozma.

  • Cumulative impacts and habitat fragmentation: The new rules say nothing about proliferation and cumulative impacts of wells. The DNR leases oil-gas rights and DEQ permits oil-gas wells separately with no coordination between them. Wells are often located near rivers and streams. In basins with a high density of operations, numerous wellpads in the same watershed compound cumulative impacts of above-ground wellheads, compressors, pipelines, access roads, and associated industry.
  • IMG_0113Wastewater, radioactivity: The new rules have no requirement for geochemical analysis of flowback and produced water, particularly from underground radioactive shale rock typically associated with shale gas.
  • Compulsory pooling of surface owners can now be done after drilling and fracking is done:  Rule 301(1)(d) now allows a permit to be issued and the well drilled on a unit with fractures extending under unleased land — land the fracker does not have the rights to — prior to a hearing being held to see if a dominant leaseholder can force other owners into a pool. The theory under MCL 324.61513(4) is that the leaseholder should not be deprived of a fair share of oil or gas in the pool. Pooling orders are typically justified by the “construction of part” language that requires the state to foster “maximum production” (language which will be eliminated if the ballot initiative succeeds). See this example of a case of compulsory pooling where DEQ relied on “construction of part” to force owners into a drilling unit. The assumption of compulsory pooling is that everyone wants to produce oil or gas from his/her land to the max. If ever accurate historically, the assumption is not uniformly true today. Cosmetically, the new rules also change the term “compulsory pooling” to “statutory pooling,” hiding the fact that landowners are forced into drilling units against their will.
  • Seismic impacts: The new rules have a single passing reference to seismic activity. It is in rule 1202(3)(a), the procedure for petitioning to establish secondary recovery operations. In April, the US Geological Survey linked oil-gas activities to induced earthquakes. The new rules require no seismic precautions.
  • Confidentiality: Rule 416(3) requires operators on request of the DEQ to give it fracking, acidizing, and other well records. But if an operator asks DEQ to hold well data and samples confidential (excepting data on spills, leaks, and chemicals used), DEQ will do so until 90 days after drilling is completed. Confidentiality advances no environmental principle or policy.
  • Spacing and blowouts: When a fracker seeks a special spacing order, rule 303(2) no longer requires that DEQ make sure that the distance between wells prevents interference. Interference can result in a blowout at an adjacent well. DEQ is now content to grant a permit to a well where a blowout could happen.
  • Conformance bonds: Bonds for single wells range between $10k and $30k depending on depth according to rule 212, but the state auditor general found in 2013 the average cost to plug one is $50k+.
  • Hearings on well permits: Rule 201(4) provides for no notice to nearby landowners of fracker applications for well permits, and no hearings or appeals if a permit is granted.
One of the many injection wells used to dispose of horizontal frack wastes in Michigan, the Slowinski injection well in Kalkaska County. Photo by LuAnne Kozma.

One of the many injection wells used to dispose of horizontal frack wastes in Michigan, the Slowinski injection well in Kalkaska County. Photo by LuAnne Kozma.

  • Injection wells: There is no change in rule 102(x), the definition of “injection well.” The rule’s definition includes disposal wells and wells used to inject water “for the purpose of increasing the ultimate recovery of hydrocarbons from a reservoir.” A reservoir is any gas-bearing formation, even if it is solid rock. Injecting to increase recovery is just what frack wells do in the Utica-Collingwood, A-1 carbonate, and other gas-bearing formations. By nature, frack wells are permanent disposal wells of half their own injectate. In 2014 our court of appeals interpreted the rule definition to refer to any well used to increase recovery of hydrocarbons from a reservoir which was already producing before water was injected. Every well in the Utica-Collingwood and A-1 carbonate, and practically every other frack well in the state today, fits that interpretation. Yet DEQ refuses to treat them under the rules for injection wells. Those rules include rule 804 which uses a formula to limit the amount of injection pressure.
  • HVHF: The new rules have an amended part 2 and a new part 14 to cover high volume hydraulic fracturing (HVHF). HVHF is defined in rule 1401(h) as fracking which uses a total volume of more than 100,000 gallons of primary carrier fluid.
  • Trade secrets and HVHF: Under rule 201(2)(c), anticipated chemicals in the injectate, and their “chemical abstracts service” (CAS) numbers, must be identified in advance. Under rule 1406(1)(c), the chemicals and CAS numbers actually used have to be listed with FracFocus 30 days after completion. (FracFocus does not operate under a public mandate or verify information submitted to it.) But both requirements have an exception if the fracker simply makes a claim for protection under Michigan’s trade secrets statute, MCL 445.1901 et seq. The trade secrets law does not protect the public from frackers. It protects frackers from each other. Neither the trade secrets law nor the new rules provide a mechanism for a citizen to challenge a fracker’s claim of secrecy.
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    Students protest in Mt. Pleasant, 2012. Photo by LuAnne Kozma.

    Baseline water testing and HVHF: Rule 1404 requires the permit holder to do pre-drilling sampling of water from potable wells near the surface hole, test the samples at a lab for seven chemicals, and give a copy of the lab results to the landowner. No testing for the hundreds of other chemicals identified in frack operations is required. And chemicals in secret mixtures can’t be tested for at all. Sampling in the vicinity of the horizontal laterals, sampling of water levels and flows, sampling of surface waters, splitting samples so the landowner can have half, and doing post-drilling sampling are not required. Nor is sampling required for water wells near gas wells which are not HVHF.

  • Water Withdrawal Assessment Tool and HVHF: Rule 1402 has provisions for protection of water withdrawn for fracking. The rule requires screening by Michigan’s water withdrawal assessment tool (WWAT), adopted in 2008 by the legislature in MCL 324.32701 et seq (or NREPA part 327). If a fracker’s withdrawal request fails WWAT screening, it may request a site-specific review. DEQ would then take a closer look and decide whether to approve withdrawal. In the past, DEQ has routinely approved permits even when the WWAT test “fails.” WWAT screening has problems. It estimates surface water flows from just 147 gauged stream segments around the state. The gauges tend to be on medium- and large-sized streams, not sensitive headwaters. WWAT has not been updated since 2008. It was developed to deal with long-term withdrawals like agricultural irrigation, not the short-term intensive withdrawals required for fracking. WWAT cannot assess the potential impacts on habitat, wildlife, and nearby waters receiving site runoff. It does not account for water withdrawal impacts to wetlands and lakes. It cannot measure potential changes in surface runoff patterns due to the clearing of land and road construction. It overestimates stream flow (and so underestimates adverse effects). Academics have criticized it.
  • Use of WWAT and HVHF: Even were WWAT a valid screening device, DEQ misuses it. Two big frack wells were permitted in 2011, State Excelsior 1-13 HD1 and State Excelsior 1-25 HD1. Both wells failed WWAT screening according to the linked DEQ paperwork for the wells. That triggered a site-specific review by DNR water specialist David Deyoung. Deyoung gave the go-ahead and permits were granted. But according to pages 84-87 and 108-113 respectively of the paperwork, he gave no reasoning, did not consider the stream or river flow data of affected stream reaches, and did not even state he visited the sites.

To protect Michigan from harm, we must use the Precautionary Principle and do no harm. Rules by which to frack, only lead us down the road to more and increased fracking across the state.

Committee to Ban Fracking in Michigan launches ballot initiative with strong support according to new poll of Michigan voters

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The Committee to Ban Fracking in Michigan launches its ballot initiative petition drive–all on paper, on foot, and in person–this May 22, 2015, as a new poll the Committee released, by Public Policy Polling, shows a strong majority supporting the ban on fracking and frack wastes.

Below is the complete press release

Poll results can be found here. 

The Committee to Ban Fracking in Michigan is one of the two prominent groups seeking a ban on fracking, by doing a highly-visible ballot initiative statewide. The U of M didn't really notice it. Washtenaw county coordinator Nancy Witter collects signatures at a booth at the Ann Arbor Art Fairs in July 2013. Photo by LuAnne Kozma.

FOR IMMEDIATE RELEASE

May 19, 2015

CONTACT: Committee to Ban Fracking in Michigan, www.LetsBanFracking.org

LuAnne Kozma, Campaign Director, 231-944-8750 luanne@letsbanfracking.org

Jim Williams, Public Policy Polling, 919-985-5380 Jim.Williams@PublicPolicyPolling.com

New poll of Michigan voters shows a strong majority supports a statewide ban on fracking and frack wastes as ballot initiative signature-gathering campaign begins May 22

CHARLEVOIX, MICH. – In results from a new poll conducted by Public Policy Polling (PPP) released today by the Committee to Ban Fracking in Michigan, Michigan voters indicate strong support and would vote yes for the Committee’s statewide ballot proposal ban on fracking and frack wastes.

 
The Committee to Ban Fracking in Michigan, a citizen-led ballot initiative group seeking to ban horizontal hydraulic fracturing and frack wastes, kicks off its campaign this week. Volunteer circulators begin collecting signatures starting Friday, May 22, 2015 for a six-month period to qualify for the 2016 ballot.

 
The telephone poll reached 855 Michigan voters between May 15 and 18, 2015.

 
“As we begin collecting signatures this weekend, we know that our fellow Michigan residents are with us on a statewide ban. They don’t want fracking and frack wastes to destroy our beautiful state or harm our health as the frack industry has in other states. We are excited to work together to make a change in Michigan law and bring this proposal to the voters. Everyone who supports the ban should get involved right away and donate to, volunteer for and endorse the campaign,” said LuAnne Kozma, the Committee’s campaign director.

 
According to the poll, a strong majority of fifty-five percent (55%) of respondents said if the election were today, they would support the Committee’s ballot proposal to ban fracking and frack wastes statewide, change the current law that requires the State to foster the gas and oil industry and put in its place a requirement that human health and the environment be protected during oil and gas development, and give Michigan residents the right to sue if the fracking industry violates the ban. Only 32% oppose the measure, and 12% are not sure.

 
Fifty-nine percent (59%) of the respondents said they support changing the Michigan Department of Environmental Quality’s directive that currently requires the State to foster the oil and gas industry and maximize oil and gas production, to focus more on protecting Michigan’s environment and public health during oil and gas development, which is a key part of the Committee’s ballot proposal language. Only 28% oppose changing it.

 
An overwhelming majority, sixty-four percent (64%) of those polled, support a ban on frack wastes being disposed of in Michigan, including frack wastes produced in other states, after hearing that currently frack wastes, including radioactive drill cuttings, muds and sludges, and millions of gallons of fluids containing toxic chemicals, are disposed of in Michigan landfills, injection wells and at Michigan gas drilling sites.

 
After learning that Vermont banned fracking and New York banned fracking based on concerns about health impacts, and that other states that are heavily fracked such as Colorado and Pennsylvania have hundreds of wells in a single county with documented health impacts, fifty-nine (59%) responded that fracking and frack wastes should be banned in Michigan before the industry creates health problems for Michigan residents.

 
“These results clearly show that Michigan voters have major concerns about fracking and frack waste harming Michigan’s environment and damaging their health,” said Jim Williams, a polling analyst at Public Policy Polling.

 
“Only a ban can protect us from the significant harms of fracking,” said Peggy Case, president of Michigan Citizens for Water Conservation and on the Committee to Ban Fracking in Michigan steering committee. “The poll shows that a clear majority, sixty-nine percent (69%), of Michigan residents, dependent as we are on groundwater wells and the Great Lakes for our drinking water, has serious concerns about the risk of water contamination from the frack industry. It is urgent that we move to alternative forms of energy to protect future generations.”

 
The margin of error is +/- 3.4%.

 

 

The Committee to Ban Fracking in Michigan is looking for more volunteers to circulate petitions, donors, and endorsers for the campaign which begins May 22, 2015 for a six-month period. The following Kick Off events are planned to start off the Memorial Day weekend. See http://LetsBanFracking.org

 
Kick Off Events:
For full list, see www.letsbanfracking.org

 

ALMA
Saturday, May 23, 9:00 a.m.
Scottish Highland festival, downtown Alma

ANN ARBOR
Friday, May 22, 6:00 to 8:00 p.m.
Outside Espresso Royale
214 S. Main St.

Saturday, May 23, 9:00 a.m. to noon
Ann Arbor Farmers Market
315 Detroit St.

Saturday, May 23, 1:00 p.m.
March Against Monsanto
Liberty Plaza, Corner of Liberty and Division

BOYNE CITY
Saturday, May 23, 9:00 a.m. to noon
Boyne City Farmers Market, Veterans Park, Lake Street

CHELSEA
Saturday, May 23, 10:00 a.m. to noon
Chelsea Farmers Market
Downtown on 222 S. Main St, Chelsea

DETROIT
Eastern Market
Saturday, May 23, 10:00 a.m. to noon
Meet between Sheds 2 and 3

GRAND RAPIDS
Friday, May 22, 5:00 to 8:00 p.m.
Outside Harmony Brew
1551 Lake Dr SE, Grand Rapids, MI 49506

Saturday, May 23, @ 2:00 p.m.
March Against Monsanto, Ah Nab Awen Park
Training for Circulators @ 1:30 and 3:00

MUSKEGON
Saturday, May 23, 8:00 to 10:00 a.m.
Muskegon Farmers Market
242 W Western Ave, Muskegon, MI 49440

OTSEGO (ALLEGAN COUNTY)
Saturday, May 23, 10:00 a.m. to noon
City of Otsego Farmers Market
112 Kalamazoo St/M-89, Otsego, MI 49078

PETOSKEY
Friday, May 22, 10:00 am to 1:00 pm
Outside Roast and Toast Café
309 E Lake St Petoskey, MI 49770

ROCHESTER
Friday, May 22, 6:00 to 10:00 p.m.
Intersection of 4th and Waters Street, Rochester

Saturday, May 23, 11:00 a.m. to 5:00 p.m.
Heritage Fest, Rochester Municipal Park
400 Sixth Street, Rochester

SOUTH HAVEN
Saturday, May 23, 10:00 a.m. to noon
South Haven Farm Market
Behind the South Haven Library, in the park near pavilion

TRAVERSE CITY
Friday, May 22, 6:00 to 8:00 p.m.
Horizon Books, downstairs
243 E Front St, Traverse City, MI 49684

YPSILANTI
Saturday, May 23, 9:00 a.m. to noon
Ypsilanti Depot Town Farmers Market
100 Rice St., Ypsilanti

Michigan says “bring it on” to more radioactive frack wastes

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2.13_frack_1.2Today Gov. Rick Snyder’s panel on radioactive waste, which met in secret last fall, issued its report, clearing the way for Michigan to continue taking radioactive frack sludge and other frack wastes to sites in Belleville and Detroit owned by US Ecology. An agreement made by the frack waste company, which operates a Detroit waste processing facility and a processing and Class I landfill facility in Van Buren Township, and the State was to hold off on taking in frack wastes until after the report was issued.  That day is here.

The Detroit News reported the release of the panel’s paper today: Mich. panel: no changes in handling radioactive sludge.

The TENORM panel came about after Ban Michigan Fracking broke the story in August that 36 tons of Pennsylvania radioactive frack sludge, held up for weeks with nowhere to go, were approved for disposal in Michigan by Michigan DEQ officials.

Radioactive frack sludge in Washington County, held for months at a Range Resource waste impoundment site, is now off the site and gone to who knows where. Submitted photo.

The 36 tons of radioactive frack sludge from PA sat here for months and then disappeared. Submitted photo.

 

 

The 36 tons of  radioactive frack sludge in Washington County, PA held for months at a Range Resource waste impoundment site, was what alarmed us and eventually caused Gov Rick Snyder’s kneejerk reaction to create the TENORM panel. The containers of frack sludge were moved off site some time ago and its final deposition is not known at this time. It did not go to a US Ecology facility in Michigan . . . yet.

Soon after, the Detroit Free Press blasted the news of the PA radioactive waste on its front page. We and volunteers from Committee to Ban Fracking in Michigan held a vigil waiting for the trucks (that never came) at the landfill/processing facility in Van Buren Township, near Belleville, last August. US Ecology’s top radiology guy, Joe Weismann, came out to greet us, after reading this website from all the way out in Idaho. He came to Michigan to do damage control. . . and presumably at that time made the deal with the governor to quiet things down for a while. Weismann did a dog and pony show type presentation to  Van Buren Township residents at a township meeting. He was on the TENORM panel.

Ban Michigan Fracking did more investigating about the 36 tons of radioactive frack sludge and FOIA’d the DEQ for the tests of its radioactive content. We also learned about the industry’s system of diluting the high radioactive content by simply mixing it up with inert materials, and depositing all of it into the landfill that way. The 36 tons was  moved to some undisclosed location in late October. DEQ confirmed with us today that the 36 tons have not yet come to the US Ecology facility in Belleville. It was also the last request for radioactive frack waste disposal that came to the Michigan DEQ from US Ecology.

Committee to Ban Fracking in Michigan members protest outside frack waste facility near Belleville, August 2014.

Committee to Ban Fracking in Michigan members protest outside frack waste facility near Belleville, August 2014.

The Detroit Free Press did a lot more investigating of the Michigan Disposal/Wayne Disposal landfill, too, finding a history of violations, fines and fires. We dug up the records from Pennsylvania as to what’s come to Belleville and found over 20 tons of drill cuttings and about 315 tons of “flowback fracturing sand,” all from Greene County in Pennsylvania’s southwestern edge where the frack industry is ravaging people’s health.

The governor’s panel, which evaluated the DEQ’s current system of taking in radioactive wastes and saw virtually nothing wrong with it, (as DEQ spokesperson Brad Wurfel predicted) came up with a handful of recommendations that the state could “consider” changing. Such as shuffling around the placement of radioactive waste within a landfill. It also had a former DEQ staffer as the person “representing the public.” We’ll take a better look at the report in the next weeks and make more comments.

And you can too. Michigan DEQ issued a press release that the department will take public comments on the report in a 30-day comment period starting today. Comments can be submitted by email to DEQ-TENORMPublicComments@michigan.gov, or by mail to 525 W. Allegan St., Lansing, MI, 48933.

NY Bans fracking with CBFM logo

Committee to Ban Fracking in Michigan, the ballot question committee with hundreds of volunteers from around the state, is more resolved than ever to stop these wastes from coming into the state. The Committee is actively pursuing a ballot initiative that for two years now has rallied voters to ban fracking and frack wastes at the next statewide election in 2016. Frack wastes going to facilities in places such as the Belleville landfill, a waste processing facility in Detroit (also owned by US Ecology), and in the hundreds of injection wells and landfills throughout the state, would be banned once the proposal is passed. To volunteer for, and donate to, the ballot initiative, go to www.LetsBanFracking.org.

The Michigan DEQ does not keep or provide the public any records on the amounts, types, or locations of frack wastes being generated, emitted, processed, treated, stored, or dumped in the state. Any landfill in Michigan can accept radioactive wastes as long as it’s diluted 50 picocuries/gram with other materials. In December we reported on the 2,200 tons of frack waste from Pennsylvania dumped in Michigan based on Pennsylvania’s Department of Environmental Protection’s database, which tracks the waste.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Michigan frackers apply for 6 more wells, while NY bans fracking

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by LuAnne Kozma

The news last week, New York’s announcement to turn its moratorium into a statewide ban on high-volume, horizontal fracking, has groups around the country, like ours, celebrating. New York’s governor Cuomo relied on his departmental chiefs of environmental conservation and public health to recommend the decision based on the long awaited report, A Public Health Review of High Volume Hydraulic Fracturing for Shale Gas Development by the NY state health department. In the end, the NY governor relied on something acting state health commissioner Dr. Howard A. Zucker said: that when it came down to it, in personal terms, Zucker would not want  his family to live in a community that allowed fracking.  New York is  the first U.S. state in a shale-producing area to ban fracking statewide. Grassroots groups in New York are ecstatic, after so many years of working for a ban.

Six new frack wells planned for Michigan

Today in Michigan, however, the frack industry applied to the Michigan DEQ for six new horizontal frack wells for the northern Lower Peninsula: one in Kalkaska County where there are already several wells, and for the first time, three in Grand Traverse County and two in Manistee County. Three are owned or co-owned by the State of Michigan. The others are on private land.

fracking poster

Unlike in other states, the frack industry targets the Michigan A-1 carbonate formation in addition to the shale formation called the Utica-Collingwood shale. The shallower Antrim shale wells have used fracking, but not always horizontal drilling.

That the DEQ will issue these permits is a certainty, as all Michigan “applications” for oil and gas wells get a rubber stamp treatment. Indeed, it is state law that the Michigan DEQ “foster the development of the industry along the most favorable conditions and with a view to the ultimate recovery of the maximum production of these natural products.” (MCL 324.61502). Michigan also receives 5% of gross cash market value of the production of natural gas and 6.6% of oil. (MCL 205.303).

This is huge news. It’s not every week that six new wells in the Utica/Collingwood and A-1 Carbonate formations are applied for. All of the wells are not too distant from a proposed new natural gas plant near Elmira, in Otsego County near Gaylord.

The six new applications are as follows:

A140187 is the State Garfield C4-12 HD1 well in Garfield Township in Kalkaska County,  proposed to go down to 16,490 feet into the Utica-Collingwood formation. Tiger Development LLC out of Suttons Bay is the fracker.

The three wells for Grand Traverse County--the first time this county has seen a  horizontal high-volume well–planned by a company called WyoTex Drilling Ventures LLC–are:

A140189 is Cozart 1-25 HD1 in Green Lake Township, near Interlochen, proposed to target the A-1 Carbonate formation down about 7,741 feet in this area.

A140192 is McManus 1-1 HD1 in Blair Township, which will go down 7,153 to the A-1 Carbonate formation.

A140196 is Harrigan 3-12 HD1, also in Blair Township, which will target the A-1 Carbonate about 7,438 feet down.

In Manistee County, some more “firsts.”

A140194 is State Manistee & Anderson 1-3 H, in Manistee Township, which will reach the A-1 Carbonate about 5,702 feet down.

A140198 is State Springdale 1-26 HD1, in  Springdale Township, also targeting the A-1 Carbonate at a depth of 6,675 feet.

The above linked DEQ list of permit applications for December 15-19, the five WyoTex permit applications for horizontal wells targeting the A-1 Carbonate formation in Grand Traverse and Manistee Counties do not contain the DEQ’s customary “well may be completed using high volume hydraulic fracturing” note. While it is still uncertain if these wells will be completed by fracking as opposed to some other method, we do know that most Michigan A-1 Carbonate wells, especially at these depths, have been fracked in the past. We don’t always agree with the governor-approved pro-frack “Technology” technical report of UM’s Graham Sustainability Institute of September 3, 2013, but it does say this about fracking Michigan’s A-1 Carbonate formation:

http://graham.umich.edu/media/files/HF-02-Technology.pdf :

“In general, Michigan oil companies have not been technology leaders in oil and gas exploration and production. They have followed much the same conservative (but safe and usually environmentally sound) pathway of many other mid-range producing states such as Ohio and Indiana. This may change with the recent discovery of probable gas and perhaps oil in formations such as the A-1 and A-2 Carbonates and perhaps even the deeper Collingwood and Utica shales (including the Utica in Ohio), but little appears to be known about these on a micro-geological scale and they will be costly to explore and develop based on the few results obtained so far. Directional drilling and fracking will be required, based on what is known of the limited permeability of these formations and the laterals will probably have to be of unusual length to ensure reasonable gas production.”  [emphasis in original]

So Michigan continues its fracking program. Meanwhile, Michigan’s big environmental groups say they will focus on regulations for fracking, not a ban.

Democracy in action: Michigan’s Ballot Initiative for 2016

Michigan voters have been working feverently on instituting a ban on fracking and frack wastes using the ballot initiative process. The Committee to Ban Fracking in Michigan (a separate entity), the ballot initiative we started in 2012, responded to the NY ban in a press release, calling for more volunteers and donations. The Committee also urged Michigan health professionals to document how fracking is impacting Michigan’s fracked communities and to speak out about fracking.

To join in these efforts, Ban Michigan Fracking asks everyone in Michigan who would like to see our state become frack-free– and free of frack wastes– to contact the Committee, volunteer, donate, and endorse!

www.letsbanfracking.org

NY Bans fracking with CBFM logo

Committee to Ban Fracking protests in Lansing

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People from around the state in the Committee to Ban Fracking in Michigan organized a protest in Lansing on October 29 while the Michigan DNR auctioned off more acres of mineral rights to the frackers.

Anti-Fracking Group Protests Sale of Oil and Gas Rights on State-Owned Land

TV 10 covered the event here.

The Committee is working on a ballot initiative campaign to ban fracking and frack wastes and could use your donation today! Go here to donate.

And you can keep up with the ballot initiative on Facebook too: https://www.facebook.com/CommitteeToBanFrackingInMichigan

Marathon Oil may have purchased most of the auction’s acreage

From Michigan Oil and Gas News, reporting on the auction:

  • “Bidders believed to be representing Marathon Oil Co. dominated the Oct. 29, 2014 auction sale of state of Michigan-owned minerals at the Lansing Center, picking up more than 148,000 of the 152,629.16 acres successfully bid.”
  • “All but 164 of the parcels successfully bid were at the minimum $10 per acre, which helped keep the overall average bid per acre at only $17.15 per acre.”
  • “The news that Marathon Oil Co. — founded in 1887 as the Ohio Oil Co. — had recently completed a transaction in which it acquired Encana Oil & Gas (USA) Inc.’s Michigan asset marks the return of one of the state’s oldest and most storied producer/operator after an absence of 15 years.”

Below is the Committee’s press release for more information about the ballot initiative:

FOR IMMEDIATE RELEASE
October 28, 2014
Contact: LuAnne Kozma, Committee to Ban Fracking in Michigan

(231) 944-8750 luanne@letsbanfracking.org

Ballot initiative to ban fracking supporters to protest in Lansing
Charlevoix, Michigan – The Committee to Ban Fracking in Michigan, a statewide ballot initiative campaign (www.letsbanfracking.org), will gather outside the Lansing Center (in downtown Lansing) tomorrow, October 29, to protest the Michigan DNR’s twice-annual auction of state-owned mineral rights. The event takes place Wednesday from 7:00 am to noon. The auction begins at 9:00 am.
The Committee to Ban Fracking in Michigan is a ballot question committee that collected over 70,000 signatures in 2013 for a statewide ban on fracking and frack wastes. The Committee’s proposal is not on this November’s ballot. The group is working on placing it on the next statewide ballot in 2016.
“The State’s role in creating more fracking starts with the DNR auction of mineral rights,” said LuAnne Kozma, the Committee’s campaign director. “In addition to receiving royalties from the gas and oil industry for leasing mineral rights, the State also receives income from the production of oil and gas,[1] and is required by state law to ‘foster the development of the industry along the most favorable conditions,’[2] part of the current law our ballot initiative will overturn along with a ban on fracking and frack wastes.”
The group cites the continued push by the frack industry, supported by the State, in approving radioactive frack sludge from other states at a waste facility in Van Buren
Township in Wayne County,[3] the start of new pipelines that will bring fracked gas through the state,[4] and new natural gas plants proposed in Marquette and Gaylord. The fracking giant Encana recently sold its mineral rights to energy giant Marathon.[5]

“Nearly every day, Michiganders are facing a new threat from the frack industry as the State government helps industry turn our beautiful state into Gasland, whether it’s from radioactive frack waste or new natural gas plants. All of this industrialization is going to exacerbate climate change and health impacts,” said Kozma.
The DNR will auction off more state-owned mineral rights on thousands of acres in the following counties: Arenac, Clare, Crawford, Gladwin, Grand Traverse, Ingham, Isabella, Kalkaska, Manistee, Midland, Missaukee, Montmorency, Oceana, Osceola, Presque Isle, and Roscommon.

Public notice about the auction here:http://www.michigan.gov/documents/dnr/ProposedPubNotice_464073_7.pdf

Michigan DNR site about the auction here:

http://www.michigan.gov/dnr/0,4570,7-153-10368_11800-169044–,00.html

Committee to Ban Fracking in Michigan’s brochure here:

http://www.letsbanfracking.org/images/CBFM%20_2014_brochure_with%20links_FINAL.pdf

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[1] MCL 205.303

[2] MCL 324.61502

[3] Series of articles at www.banmichiganfracking.org: http://banmichiganfracking.org/?p=2455

[4] Detroit Free Press, “Rival Projects Compete for OK to Build Gas Pipelines,” October 12, 2014. http://www.freep.com/story/money/business/columnists/tom-walsh/2014/10/12/tom-walsh-dueling-pipelines/17046379/

[5] Midland Daily News, “Fracking Michigan, Here We Go Again,” October 13, 2014. http://www.ourmidland.com/opinion/editorials/fracking-michigan—-here-we-go-again/article_69726cb9-a734-5afd-90f2-3c60f424263c.html