Environmental Defense Fund

In his Hardcore History podcasts, Dan Carlin presents himself, not as a historian, but as a journalist who likes history. Herein is my attempt to present yours truly, not as an environmental lawyer, but as a trial lawyer with an interest in energy policy. Therefore, here are differing assessments of the Trump EPA’s rollback of the Obama EPA’s methane regulations.

Executive summary 

Producers: “Regs bad, industry good; we’re saving the planet.”

Enviros: “Regs good, industry bad; you’re poisoning the planet.”

Read more and decide for yourself Continue Reading What They’re Saying About the EPA’s Methane Rule

wolf“Remember, I can do anything to anybody”, deranged and murderous Roman emperor Caligula to his grandmother (Julia, widow of Tiberius and herself no stranger to things done to other people as and when they pleased).

In related news, the White House intends to limit methane pollution from thousands of existing oil and gas wells, pipelines and other facilities.

Why should I care?

Because, if you suspect the new rules are .. pick the word … unnecessary, too expensive for the benefit, anti-capitalist, “overbearing leftist bulls&%t” … you should understand the point of view of those who see it differently. That way you can defend the industry to those who don’t know better. This week is a discussion of the rationale for the rules.

The new rules good for America, aren’t they?

No they aren’t, (That’s an opinion; feel free to disagree). Here are reasons why we need the new rules.

The Environmental Defense Fund, through its Energy Exchange blog, asserts that methane emissions are far higher than EPA estimates. According to EDF, the oil and gas sector is the largest industrial source of methane emissions in the United States and reducing these emissions is the biggest, most cost-effective opportunity to make “fast meaningful reduction in greenhouse gas pollution.”

Reducing methane emissions isn’t as difficult or as costly as the industry claims. For example, Jonah Energy reduced fugitive methane emissions by 75 percent and cut repair time by 85 percent, saving more than $5 million in product. We’ve got to do it now.

Methane traps 84 times as much heat as CO2 over 25 years.  The IPCC suggests methane is responsible for 25 percent of the world’s global warming and is a climate destroying fossil fuel.

According to a recent study published in Environmental Science and Technology, the biggest problem is the “super emitters” – large, unpredictable leaks caused by equipment failure, human error or other factors.  The study recommended that “regularized, widespread monitoring facilities across the supply chain” could quickly find and fix leaks in equipment.

According to the EPA, methane constitutes about 10 percent of total US greenhouse gas emissions.  Methane has a warming potential that is about 25 times greater than carbon dioxide, according to the EPA and the IPCC.

What do the fabulists say?

Bill McKibben, whose fracking “facts” have been debunked more often that your president has apologized to foreign dignitaries, is still at it. Here are his assertions:

  • Fracking would do more climate damage than coal even if only a small percentage of methane is leaked;
  • America’s contribution to global warming increased during the Obama years;
  • the nation is leaking methane in massive quantities;
  • new research backs prior claims of McKibben and Ingraffea;
  • Gasland is one of the classic environmental documentaries of all time.

Next week: Why the new rules are neither good for the industry nor helpful in reducing global warming.

Our musical interlude: Here is where these studies take me.

 

tx capitolThe Texas legislature is still busy on energy issues. Is that good or bad? It depends on your situation; oil patch thieves won’t like it.

Wind Energy

Senate Bill 931 would blow away the Renewable Portfolio Standard, established in 1999 to set renewable energy goals for Texas. The bill would also halt construction of transmission lines in Competitive Renewable Energy Zones, through which miles of transmission lines connect West Texas wind energy with cities in the eastern part of the state.

The rationale is that wind energy targets in the original act have attained their goal and thus should be terminated. Here is a discussion of the bill.

Wind energy proponents are unhappy. See, for example, this editorial in the Dallas Morning News by Jim Marston of the Environmental Defense Fund. Among other complaints, he cites a double standard:

Oil and gas subsidies = good

Alternative energy subsidies = bad.

They seem to have a point.  Texas gives tax incentives for certain oil and gas production. What’s the difference?

Allocation Wells

House Bill 1552 would add a provision to the Natural Resources Code to address allocation wells. The high points are:

  • The statute would apply unless expressly prohibited by a lease, deed or other contract.
  •  An operator may obtain a RRC permit allowing it to drill, operate and produce from a well that traverses multiple tracts in order to prevent waste, promote conservation, or protect correlative rights.
  • Absent an agreement among affected owners of royalty or mineral interests regarding how to allocate production among the tracts, production will be allocated to each tract on in the proportion “that the operator or lessee reasonably determines or reflects the amount produced from each tract.”
  • The operator must send written notice to affected royalty and mineral owners.
  • If there is an agreement with a royalty or mineral owner allocating production, the agreement will prevail.
  • An affected owner unhappy with the allocation assigned by the lessee may request a RRC hearing on whether the production will harm the correlative rights of working interest and mineral owners, is necessary to prevent waste, and accurately attributes to each affected owner its fair share of the aggregated production.

If the bill passes I will discuss what its effect might be.

Oil Field Theft

House Bill 3291 establishes the crime of selling oil, gas or condensate without a Railroad Commission permit. The bill specifically includes oil and gas equipment or pipeline equipment. If the value exceeds $10,000 it’s a felony.

How do they do it?

In case you are looking for a new line of work: According to proponents of the bill, one way to steal production is to purchase a well that has ceased to produce for lack of production and claim that it is producing and selling oil stolen from another well.  Then you acquire a vacuum truck and help yourself to what’s not yours.

A Religious Experience, Part 2

As promised last week, here are the other artists “discovered” by Sam Phillips and recorded for the first time at Sun Studio:

Johnny Cash 1955

Carl Perkins 1956

Roy Orbison 1958. This one can’t be beat for its intellectual content.

“What is it like to live inside your head with Peter Pan and the Easter Bunny?” So asks the sister in “Bridges of Madison County” after the brother wonders if the Meryl Streep and Clint Eastwood characters had sex all those years ago.

And so it is from certain quarters in the hydraulic fracking debate who continue to insist, hysterically and despite the evidence, that the process is a threat to Civilization As We Know It. This post is a summary of several discussions.  Read the articles themselves for details.

Gas Flaring

According to Earthworks, gas flaring in the Bakken and Eagle Ford Shale is out of control and tons of greenhouse gases are being fired into the atmosphere; therefore, we should ban fracking. According to Energy in Depth, Earthworks fails to address that the flaring is significantly decreasing in the Bakken both in percentage of gas produced and actual volume, all as production increases. There is flaring because pipeline capacity hasn’t caught up with new gas production. Flaring will continue to go down as pipeline capacity comes on line. Does anyone seriously believe that the industry is not focused on finding a solution?

Methane Leaks

Speaking of inflammatory emissions, Bill McKibben points to methane leaks as one more reason to ban hydraulic fracturing, now and entirely. This is reported by the Energy Exchange, a publication of the Environmental Defense Fund. To its credit, the EDF disagrees, and also sees methane leaks as bad thing and lobbies for stronger, smart regulations.  Most people can go along with “smart”.

Lest you believe people like McKibben are not a menace to common sense and a safe, abundant and clean energy supply, Energy In Depth reveals the folly of his ideas and the bad “science” on which they are based. Among other points: Hydraulic fracturing has contributed the decrease in GHGs in the United States, a fact proclaimed by the IPCC, of all people, and surveys by McKibben and his colleague Ingraffea have been discredited by organizations such as the US IEA, MIT and other mainstreamers.

“Science” With a Political Agenda

And while we are on the topic of misleading “science”, the Hill published a reply by Isaac Orr of the Heartland Institute to an earlier piece by one Helen Slotttje, who wrote about the perils of fracking. (Preview: It’s Bush’s fault and FDR is on her side. I don’t have enough space here to unpack that point of view.)  Among her other errors is a report on the dangers of fracking by the Colorado School of Public Health that was repudiated by the Colorado Department of Health and Environment.

A musical interlude to accommodate the dark vision  of the likes of Earthworks.

In their search for Utopia, some opponents of oil and gas drilling ignore innovation … What’s harmful now will forever be that way.

The Question

That isn’t true, but it raises a question for producers: What are you doing to reduce the negative effects of your activities on the communities where you operate?

The Answers

Here are examples of the industry investing considerable time, money and effort to reduce its impact on the environment:

  • In Colorado, Anadarko is concentrating hydraulic fracturing operations in “Stim Centers”, locating those operations in a single location, thereby reducing truck traffic, and time and money otherwise spent on setting up.
  • and using pipelines instead of trucks to carry frac water.
  • Noble Energy is using “integrated development plans” to centralize facilities, reducing truck traffic and costs.
  • Marcellus shale producers are recycling 90% of their flowback water, according to Ben Seifer of Energy in Depth.
  • Statoil is reducing flaring and air emissions in the Bakken shale by testing a mobile system that converts associated gas into CNG at the well site.  The gas is then used on the well as a power source.
  • According to the Environmental Defense Fund (not the “Utopians” referred to above) there are cost-effective options to control methane, such as lower-emitting valves and other mechanical improvements.
  • Patrick Kiger in his National Geographic blog tells a similar story. I include his entry for the comments from the “Utopians”.
  • State regulators are focusing on leaking methane.

There is no doubt that many of these efforts are a response to the looming presence of regulators and regulations. That is to be expected. Industries tend to believe they are doing “enough” to satisfy their critics and would prefer to be left alone to run their business. That is not going to happen. Regulators exist to regulate, opponents live to oppose, and no industry can ever do enough to satisfy those two constituencies, even if it means more costs and burdens.

Why Does it Matter?

Why do I speak of this? “The wages of sin …” Oops, wrong venue. “The downside of rapacious destruction of Mother Earth … “ Too shrill, and generally not even true. Here you go: “Powerful forces are against you and if you don’t meet them somewhere in the middle you could be squeezed out of the process.  The result will be excessive and unreasonable regulation.”

What Would Nanook Do?

The risks of pollution could not be portrayed more forcefully than in this musical interlude.