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South Florida Wildlands Assn: Showdown this Tuesday on Oil Well Next to the Florida Panther Refuge!

Dear Friends,

For those concerned about the prospect of an oil well adjacent to the Florida Panther National Wildlife Refuge in southwest Florida – and in close proximity to the rural community of Golden Gate Estates – three meetings will be held this Tuesday, March 11th, at the Golden Gate Community Center, 4701 Golden Gate Parkway, Naples, Florida 34116-6901. Map to the location is here:

http://m1e.net/c?102556520-87Uv6jdB906Dg%4082516039-Z3AlSQadd0fl%2e

Meetings are scheduled as follows:

4 to 6 PM (Room A-B) – An informational meeting will take place on a Class II injection well for waste water disposal – to be built if and when the proposed oil well goes from exploration to production (meaning a commercially viable amount of oil has been found). Florida Department of Environmental Protection (DEP) has already approved this well and the U.S. Environmental Protection Agency (EPA) has approved it in draft form. The purpose of this part of the meeting is to provide information to the public on Class II injection wells, the laws and regulations which govern them, and the permitting process.

4 to 6 PM (Auditorium) – A meeting of the Big Cypress Swamp Advisory Committee will take place. This is the new kid on the block and needs a bit of explanation. Florida Statute 377.42 provides the following rationale for this committee: “To ensure compliance with all requirements for obtaining a permit to explore for hydrocarbons in the Big Cypress Swamp area, each application for such permit shall be reviewed by the Big Cypress Swamp Advisory Committee.” The statute goes on to explain how the committee will function: “If site-specific conditions require, the committee may recommend that additional procedures, safeguards, or conditions which are necessary to protect the integrity of the Big Cypress area be required as a condition to the issuance of a permit to drill and produce.”

This meeting was inserted into the day’s schedule (simultaneous with the above informational meeting on the Class II injection well) only after we (and our co-petitioners in this case “Preserver Our Paradise”) complained to the DEP at the administrative hearing which took place two weeks ago in Ft. Myers. We carefully explained that the committee’s review was mandatory and required by statute BEFORE a permit is signed. While DEP originally took the position that the committee did not have to meet – since their choice of a cleared piece of land for the well meant no new land impacts (and that is hardly accurate – there will indeed be new impacts – see below) – they finally decided to hold the meeting (although how they do that after a permit is signed and is under review by an administrative law judge remains an open question).

Given the broad nature of this committee’s work – a review of “all requirements for obtaining a permit to explore for hydrocarbons in the Big Cypress Swamp area” – we strongly felt this meeting should take place by itself and with sufficient time for the committee and the public at large to examine all relevant information. After much and back forth with the agency – we received the following reply from the DEP Counsel’s office at the end of last week: “Your comments are noted. However, the committee meeting will be going forward as scheduled.”

Finally, at the conclusion of the Big Cypress Swamp Advisory Committee, the EPA will move into the auditorium and take formal public comment on their Class II injection well draft permit from 6:30 to 8:30 as originally scheduled. If this sounds like a lot to cover – it is. But there was just no way to budge DEP from the fast-track they wanted to put the Big Cypress Swamp Advisory Committee on.

So be it. Lots of folks are going to be converging on Naples from around the area and state and there will be an opportunity for public comment. We will give it. Here are some issues to consider. A look at this aerial map of the well location will definitely help:

http://m1e.net/c?102556520-glO0royX77UXQ%4082516040-ik5BCY77ZSQOk

With regard to the oil well (and South Florida Wildlands’ focus on impacts to the Florida panther and other wildlife) – the following issues came out during the administrative hearing:

– The exploratory oil well is located in the primary zone of the Florida panther – and telemetry (electronic readings from collared panthers) show it to be an area of high level panther activity. This is not surprising considering the site is located on a piece of undeveloped land next to the Florida Panther National Wildlife Refuge (with the highest density of panthers in the state).

– The area just outside the pad contains extremely important wetlands. “Stumpy Strand” flows east of the site in a generally north to south direction. It connects with “Lucky Lake Strand” which flows into the Merritt Canal and into the Picayune Strand State Forest – site of an Everglades Restoration Project (at a cost of hundreds of millions of public dollars) currently in progress. The Panther Refuge boundary was expanded to encompass Lucky Lake Strand and prevent its future development. Considering the importance of these still pristine and irreplaceable wetlands to our wildlife and ecosystems, even small spills of oil or other fluids from this operation can have enormous implications.

– A road and drill pad will be constructed requiring over 14,000 cubic yards of fill material. If large dump trucks capable of carrying 20 cubic yards each are used, that would amount to approximately 700 truck loads. Additional equipment will be needed to move the fill around. Noise, vibrations, and dust will all be impacting the surrounding wildlife habitat, wetlands, and vegetation.

– The pad and 150 foot drilling tower will be lit up at night. Drilling will be going on around the clock. Three generators will be powering this massive industrial operation. Noise, light, dust, odors and vibrations will clearly be impacting the surrounding area. Before drilling begins, a steel pipe 24 inches in diameter will be pounded into the ground by a pile driver to a depth of 250 feet. The noise from that activity is expected to be extremely loud.

– It is expected that wildlife will be disturbed by these combined operations and will be displaced by them. In the case of panthers this can be extremely dangerous. Large amounts of panther roadkill – the leading cause of death for this highly endangered species – have already been documented in this area – especially along I-75 just south of the drill site. Intra-specific aggression – or panther on panther fights over territory which often end in the death of one of the participants – is the second leading cause of death for Florida panthers. In a high panther density area like this, there is a definite possibility that a displaced panther will end up in another’ panther’s home range – and will not have a happy ending. Lastly, only a relatively small number of the 100 to 160 panthers remaining in Florida (and most are in this narrow belt of land between I-75 and the Caloosahatchee River) have been collared. There is a possibility that an uncollared female panther
with kittens could abandon a den leading to the death of her offspring. Three panther dens (from collared females) have been historically documented in the vicinity of this well.

None of the above issues were considered by DEP in their approval of this exploratory oil well. They did request consultation from the Florida Fish and Wildlife Conservation Commission (FWC) and the U.S. Fish and Wildlife Service (FWS). Unfortunately – and as we reported in our previous email – no consultation from either agency was provided.

With regard to the Class II injection well – I would highly recommend a read of the following investigative article – “Injection Wells: The Poison Beneath Us” from the Pulitzer Prize winning journal Propublica. You can find it here:

http://m1e.net/c?102556520-BpT3xlUbsYXLM%4082516041-ns7GlyQ6P5lVk

In their own summary of Class II injection wells, the EPA describes the process as follows:

“When oil and gas are extracted, large amounts of brine are typically brought to the surface. Often saltier than seawater, this brine can also contain toxic metals and radioactive substances. It can be very damaging to the environment and public health if it is discharged to surface water or the land surface. By injecting the brine deep underground, Class II wells prevent surface contamination of soil and water.”

The Propublica article explains some of the problems. Casings used to transport these toxic fluids can and do leak – and the movement of the fluids once it gets down to its target depth is often unknown. Far from the nice layered geology we see in textbooks, real geology is not neat – nor is it ever fully understood. Injectate – the fluid dumped down these holes – can move vertically into upper aquifers used for drinking water – or horizontally into other water bodies. In the case of a well like this – which is simply a dumping ground for a still to be determined amount of waste water – the risks to our wildlife, habitat, and drinking water are simply too high.

If you’ve read this far – thanks a lot. Long as this email is, it is still only a tiny summary of the issues DEP and EPA will be attempting to squeeze into Tuesday’s meetings. Hope to see as many of you as possible come this Tuesday.

Best regards,

Matthew Schwartz
Executive Director
South Florida Wildlands Association
P.O. Box 30211
Ft. Lauderdale, FL 33303
954-634-7173
954-993-5351 (cell)

http://m1e.net/c?102556520-TyiWP/fKyAS.E%4082516042-bznm.kW.UQPQ2

P.S. South Florida Wildlands Association can only carry out this work through the generous donations of our supporters. Many of you have stepped forward in recent months – and your assistance has been greatly appreciated. But as we mentioned in our last email on the topic, the wells which are the subject of this Tuesday’s meeting – an exploratory drilling well and Class II injection well – are in reality only the tip of the iceberg. A major “oil play” is now taking place in southwest Florida and hundreds of thousands of acres of primary and secondary Florida panther habitat have recently been leased by Collier Resources for oil drilling or seismic operations. With crude oil now going for over $100 per barrel – there is a lot of money to be made here. One of those leases recently permitted – to Tocala LLC – is on approximately 100,000 acres of land just north of the Florida Panther National Wildlife Refuge and the Bear Island Unit of the Big Cypress National Preserve.
It is heavily used by panthers and contains a section of State Road 29 which probably sees more panther roadkill than any other route in Florida. South Florida Wildlands was the only organization which filed within the time limit to get in a petition for another administrative hearing. If you have the ability – please consider a donation to allow us to carry out this fight and others. Our organization is a fully recognized 501c3 non-profit and contributions are tax-deductible to the fullest extent of the law. Our donation page can be found here:

http://m1e.net/c?102556520-qLMwYGcEZc1iU%4082516043-erK0wBSxGFv8c

Our work in this area has been well-covered in the media. Some of the pieces featuring South Florida Wildlands Association and South Florida’s new oil boom can be found below. They will also provide background for those attending Tuesday’s meeting.

http://m1e.net/c?102556520-AZ8MIgBuU9gIM%4082516044-MiG3hNYZO/tFg

Special thanks to Richard Charter

News.gnom.es: Oil-drilling demonstrations fill Castellon, Palma and Ibiza

http://news.gnom.es/news/oil-drilling-demonstrations-fill-castellon-palma-and-ibiza

PROTESTERS from all over Valencia, the Costa Blanca and the Balearic Islands took to the streets yesterday (Saturday) to publicly condemn plans to drill for oil in the Mediterranean between the two regions.

Around 20,000 people turned out – 3,000 in Palma de Mallorca, 12,000 in Ibiza town and 5,000 in Castellón, north of the Valencia region.

Coaches were thrown on in Dénia, Jávea, Calpe, Benissa and Teulada (Alicante province) and Gandia (Valencia province) to travel to Castellón to join the march.

Town councils, residents, fishermen, business-owners and employees in all areas of the tourism industry, environmental groups and water sports associations and clubs have all stated they are against plans by Cairn Energy to extract oil from below the sea-bed between the Balearics and the Gulf of Valencia.

Even Jávea-born tennis ace David Ferrer has supported his town’s campaign against the fracking.

Representatives of all political parties joined in and the PP vice-mayoress of Castellón city hall, Marta Gallén, said the previous national government, that of then socialist leader José Luis Rodríguez Zapatero was the one which paved the way for the fracking plans by passing two Bills of Law allowing it to take place off the coast of the Valencia region, which Castellón’s PP party was against back then, and still is even though the national government has changed to a PP-led cabinet which is continuing to take the move forward.

The Generalitat Valenciana – the PP regional government of Valencia – was not present, but Sra Gallén says it has already formulated the requisite complaint letters to send to the central government so it has ‘done its bit’.

But the president of the regional government of the Balearics, José Ramón Bauzá and his minister for the environment Biel Company joined the march in Ibiza.

Those against the oil extraction say it will be harmful to marine flora and fauna, will pollute the sea and have a knock-on effect on Spain’s Mediterranean beaches, which are vital to tourism, and will ruin the already-struggling fishing industry.

Minister for industry, energy and tourism for the central government, José Manuel Soria, says he ‘respects’ the protesters’ right to demonstrate against the oil-drilling, but that it is going to go ahead anyway.

Oil-drilling? Yes, please
Despite the literally hundreds of thousands of people who are against the oil-drilling, a small resistance movement is beginning to appear in parts of the Valencia region.

In particular expatriates who have lived in North Sea areas of the UK, and residents of any nationality who have visited other parts of the world with offshore oil-drilling such as Norway, New Zealand, Australia, Newfoundland in Canada, and Venezuela, the minority who are in favour of Cairn Energy’s plans say none of these areas has suffered pollution, damage to their beaches or sea water, and both the North Sea and Norway have healthy fishing industries.

Also, they say Spain needs the income and the extra jobs that the fracking would create – plus it would reduce the cost of fuel in the country to the end user if Spain did not need to import 99 per cent of its oil.

Industry minister Soria says the oil-extraction operations will take place between 30 and 60 kilometres off the coasts of the Balearics and Valencia city, therefore affecting neither, and less still parts of the Costa Blanca where town councils fear an end to fishing and tourism.
An Environmental Impact Declaration (DIA) will need to be carried out first in any case, and would be a very exhaustive exercise, Soria assures.

Special thanks to Richard Charter

Irish Independent: UK’s Nebula gets licence to explore Irish Sea fracking

http://www.independent.ie/business/irish/uks-nebula-gets-licence-to-explore-irish-sea-fracking-30012998.html

EPA to investigate whether State should also permit practice

Nick Webb – 16 February 2014

While ‘fracking’ may not be permitted in Ireland, UK-based Nebula Resources is planning a venture to look for shale gas in the Irish Sea.

A company run by one of the founders of controversial British fracking company Cuadrilla has been granted three licences to explore the possibility of carrying out hydraulic fracturing for shale gas in the Irish Sea, according to the UK’s Department of Energy and Climate Change. The licences cover areas directly across the Irish Sea, less than 100 miles from Dundalk.

Nebula Resources boss Dr Chris Cornelius believes there are huge volumes of offshore shale gas that could be drilled. If successful, it would be the first such project in the world. The company hopes to begin exploration shortly.

“Certainly offshore shale gas is a new concept, and there’s no reason with the UK’s history of offshore development that we can’t develop these resources offshore,” he said last week.

Shale gas is extracted using the controversial technique of hydraulic fracturing, or fracking, which involves forcing water, sand and chemicals under extremely high pressure into rocks, to break them up and release the natural gas trapped inside. Fracking has completely transformed the US energy market by producing huge amounts of gas and oil, which has improved the country’s energy security and reduced its dependence on Gulf oil.

Some environmentalists believe that fracking may damage water supplies, and seek to block the extraction of new fossil fuel resources. However, drilling offshore removes the need to deal with local communities.

Natural Resources Minister Pat Rabbitte has charged the Environmental Protection Agency (EPA) with investigating whether fracking should be permitted in Ireland.

The EPA has launched tenders for a two-year study into the impact of hydraulic fracturing.

The study is more comprehensive than first planned because of the level of opposition to fracking. Some 1,356 submissions were received following a public consultation period, the majority of which were against fracking. The EPA has now included a health expert on the committee drawing up the terms of reference for the study.

Most of the onshore fracking prospects focus on a small area bordering north Leitrim and south Fermanagh, which have been identified as potentially containing billions of cubic feet of natural gas. It is likely that this gas prospect may be extracted only by fracking.

The research programme is expected to start this summer. The Government has promised fracking will not go ahead while the research programme is under way. It is likely to be late 2016 or early 2017 before any fracking takes place in Ireland – assuming that the process gets a green light.

Cuadrilla Resources is the most high-profile gas fracking company operating in the UK. It is run by Irish exploration veteran Francis Egan and chaired by former BP boss Lord Browne.

Special thanks to Richard Charter

Thinkprogress.com: ‘Out-Of-Control’ Rig In The Gulf Gushing Methane Freely Into The Atmosphere & ABC News: Gas Continues to Escape From Rig off La. Coast

‘Out-Of-Control’ Rig In The Gulf Gushing Methane Freely Into The Atmosphere

BY EMILY ATKIN ON JANUARY 31, 2014 AT 9:48 AM

http://thinkprogress.org/climate/2014/01/31/3232181/methane-leak-gulf/

An “out-of-control” well that began blowing gas into the air on Thursday is still not under control as of Friday morning, according to a report from the Associated Press.

42-non essential workers from Rowan Companies PLC’s offshore rig in the Gulf of Mexico, named “Louisiana,” were evacuated, while 37 stayed on the rig to try and stop the flow of gas. Rig operator EnVen Energy Ventures said that while workers attempt to kill the well, gas was being “vented” off of the rig. Although gas, water and sand are still flowing from the well, EnVen said no pollution has occurred in the Gulf.

“All personnel currently aboard the rig are safe and non-essential personnel have been evacuated, all well control equipment is functioning as designed (and) there has been no environmental impact,” Rowan Companies spokesperson Deanna Castillo told the AP.

Unlike a spill, an out-of-control well blowing gas does not pollute in a traditional, visible sense. Instead, it releases methane – the potent, second-most prevalent greenhouse gas – into the air, contributing to climate change. Pure natural gas is mostly methane, a fuel that burns cleaner than coal or oil. However, when methane is released directly into the air, ittraps heat in the atmosphere.

From an air quality perspective, it is better to burn flowing gas through a flare system, rather than venting it directly into the atmosphere, according to the Environmental Protection Agency.

It was not clear early Friday whether the companies would attempt to flare off the gas.

Because of a fire risk, the Louisiana platform as well as an adjacent platform that was producing oil and gas was shut down as a precaution, according to the The Bureau of Safety and Environmental Enforcement. To prevent a fire, all engines on the platform and rig were turned off, and workers are pumping seawater into and over the flow stream.

______________

http://abcnews.go.com/US/wireStory/crews-lose-control-gas-rig-off-louisiana-coast-22305466

ABC News: Gas Continues to Escape From Rig off La. Coast
NEW ORLEANS January 31, 2014 (AP)
By BILL FULLER Associated Press

Crews worked Friday to stop natural gas from escaping an underwater well where a rig was drilling off the Louisiana coast. The Coast Guard said workers had cut the flow in half since losing control of the well a day earlier.

No injuries or pollution have been reported. The Bureau of Safety and Environmental Enforcement said most crew members had been evacuated from the rig, which was drilling in 262 feet of water about 108 miles southwest of Lafayette.

The rig operator is EnVen Energy Ventures of Metairie, La. Company spokesman David Blackmon said the flow from the well has “significantly diminished” and consists almost entirely of water and sand, with “just a trace” of natural gas. No sheen has been spotted in the area, Blackmon added.

Work is underway to secure the well, said Deanna Castillo, a spokeswoman for rig owner Rowan Companies.

“All personnel currently aboard the rig are safe and non-essential personnel have been evacuated, all well control equipment is functioning as designed (and) there has been no environmental impact,” she said Thursday.

Blackmon said workers planned to pump mud and water to kill the well.

“They’re just getting everything lined up,” he said. “Sometimes it takes a while to stage these kinds of operations.”

A spokeswoman for the environmental department, Eileen Angelico, said water temperatures in the Gulf were too cold Friday for the agency to send its own officials out to inspect the scene. The agency spokeswoman also said a platform that was producing oil and gas near the EnVen rig was shut down as a precaution.

Wild gas wells tend to be less of an environmental threat than blowouts from oil wells.

A natural gas blowout off Louisiana’s coast in July 2013 ended one day later. Authorities believed the well had been clogged by sand and sediment. The rig, operated by Hercules Offshore Inc., blew out and later caught fire. Part of the rig collapsed before the well apparently plugged itself.

The BP PLC blowout in April 2010 off the southeast Louisiana coast killed 11 workers and spewed a mixture of natural gas and oil from a busted well nearly a mile under the Gulf’s surface. The worst environmental damage appeared to be caused by the hundreds of millions of gallons of crude oil that escaped and fouled marshes and seafood grounds.

The EnVen rig was operating in relatively shallow waters, where measures to control a leak or blowout are easier to manage than in the deep waters of the Gulf.

Special thanks to Richard Charter

Oil and Gas Financial Journal: EPA issues NPDES permits for CA offshore oil and gas operations

http://www.ogfj.com/articles/2014/01/epa-issues-npdes-permit-that-includes-limited-chemical-disclosure-requirements-for-oil-and-gas-operations-offshore-california.html

January 22, 2014
Michael Weller and Jason Hutt
Bracewell & Giuliani LLP

Region 9 of the US Environmental Protection Agency recently made available the finalized National Pollutant Discharge Elimination System (NPDES) general permit applicable to discharges from oil and gas exploration facilities offshore Southern California. NPDES General Permit No. CAG280000 (2014 NPDES General Permit), issued under provisions of the Clean Water Act, authorizes discharges from exploration, development and production facilities located offshore of Southern California in accordance with specified effluent limitations, monitoring and reporting requirements and various other conditions.

The final 2014 NPDES General Permit includes certain new requirements that EPA indicates were added to address offshore hydraulic fracturing operations, including increases in the monitoring requirements associated with produced water discharges and new inventory and reporting requirements.

While operating offshore, waste streams generated by oil and gas operations are generally either treated and discharged via a NPDES permit or shipped back to shore for disposal. The 2014 NPDES General Permit authorizes discharges from 23 platforms operating offshore Southern California, including discharges of Drilling Fluids and Cuttings, Produced Water, Well Treatment, Completion and Workover Fluids, Bilge Water, and Water Flooding Discharges.

This reissuance of the 2004 NPDES general permit was initially proposed in 2012. During the public comment period, the U.S. Department of Interior, Bureau of Safety and Environmental Enforcement (BSEE), several California legislators and the California Coastal Commission (CCC) expressed interest in hydraulic fracturing operations offshore of California. To address the concerns raised over offshore hydraulic fracturing, EPA changed portions of the final general permit, adding new testing and reporting requirements.

Background
Section 301(a) of the Clean Water Act prohibits point source discharges of pollutants into navigable waters unless in compliance with a permit. To comply with the prohibition on point source discharges, businesses typically obtain CWA Section 402 permits from the state; however, because these operations are offshore, EPA issues the NPDES permits directly. Under the NPDES program, EPA may issue individual permits or general permits. The latter allows the Agency to authorize discharges from a large number of facilities engaged in the same activity. When EPA issues a general permit, a prospective permittee simply submits an application for coverage and then abides by the terms and conditions of the general permit.

Monitoring requirements
NDPES general permits typically contain monitoring requirements. In its response to public comments on the 2014 NDPES General Permit, EPA indicated that it has increased the mandatory Whole Effluent Toxicity or “WET” testing for produced water discharges from an annual to a quarterly requirement. EPA indicated that, because the chemicals used in hydraulic fracturing operations are “commonly commingled and discharged with produced water,” the mandatory tests applicable to produced water will address any concerns over discharges associated with hydraulic fracturing operations.

Inventory/reporting requirements
NPDES permits may also contain inventory and reporting requirements. In the 2004 version of this particular NPDES permit, EPA required that permittees maintain inventories and report drilling fluid constituents added downhole for all discharges of “Drilling Fluids and Cuttings.” In the 2004 version, the mandatory inventory and reporting requirement only applied to mud systems and there was no such requirement for “Well Treatment, Completion and Workover Fluids.”

The 2014 NDPES General Permit includes that same requirement for discharges of “Drilling Fluids and Cuttings.” However, the permittee must also now submit detailed information for discharges of “Well Treatment, Completion and Workover Fluids,” which includes chemicals used in hydraulic fracturing. Specifically, EPA added Part II.C.3 to the 2014 NPDES General Permit, which requires the permittee to:
1. maintain an inventory of the quantities and application rates of chemicals used to formulate well treatment, completion and workover fluids; and
2. if those fluids are discharged, report to EPA Region 9 the chemical formulation of the discharges and the discharge volume with the operators quarterly discharge monitoring reports.

The disclosures under the 2014 NDPES General Permit are not to the “public” and EPA has indicated that the inventory would be available to EPA where the Agency “deems it necessary to meet the purposes of the CWA. For example, in case of well failure or other accident resulting in an unexpected discharge, EPA may access such inventory in order to immediately assess emergency response needs.” It is not yet clear how the chemical formulations must be reported or to what extent trade secret protections are available.
The public comment period for the 2014 NPDES General Permit closed nearly one year ago on February 4, 2013. The effective date of the permit is March 1, 2014.

Michael Weller is member of the firm’s environmental and natural resources practice in Washington DC.
Jason Hutt is a partner in the firm’s Washington, DC office. He counsels clients on current and upcoming regulatory developments at the nexus of environmental and energy policy, with focused attention on natural gas development, including hydraulic fracturing.
Special thanks to Richard Charter