Mike Ludwig, Truthout.org
July 2013
Siegal said regulators are "absolutely reckless" with
fracking permits in California, where an oil rush is gaining steam. Advances
in fracking technology have made it easier to extract oil from the Monterey
Shale, a massive underground formation that contains about two-thirds of the
nation's reserves.
The formation extends under the Pacific Ocean. And if fracking proves
successful onshore, top regulators expect that more oil drillers may pursue
fracking offshore, according to internal BSEE communications.
The Pacific Ocean may be the next frontier for fracking technology.
A Truthout investigation has confirmed that federal regulators approved at
least two hydraulic fracturing, or "fracking," operations on oil rigs in the
Santa Barbara Channel off the coast of California since 2009 without an
updated environmental review that critics say may be required by federal
law.
The offshore fracking operations are smaller than the unconventional onshore
operations that have sparked nationwide controversy, but environmental
advocates are still concerned that regulators and the industry have not
properly reviewed the potential impacts of using modern fracking technology
in the Pacific outer continental shelf.
Oil drilling remains controversial in Santa Barbara, where the memory of the
nation's third-largest oil spill lingers in the minds of the public. In
1969, the nation watched as thick layer of oil spread across the channel and
its beaches following a blowout on an oil rig, killing thousands of marine
birds other wildlife. The dramatic images helped spark the modern
environmental movement and establish landmark federal environmental laws
that eco-groups continue to challenge the government to enforce.
In 2012, Truthout reported that an oil company called Venoco had quietly
used fracking technology to stimulate oil production in an old well off the
coast of Santa Barbara in early 2010. A Freedom of Information Act request
recently filed by Truthout has confirmed the Venoco operation and revealed
that another firm had since received permission for fracking in the Santa
Barbara channel, which is home to the Channel Islands marine reserve.
This year, federal regulators approved an application by the Ventura-based
company DCOR LLC to use fracking technology known as "frack pack" in a
sandstone well 1,500 feet from a seismic fault in the outer continental
shelf off the California coast, according to the documents released by the
Bureau of Safety and Environmental Enforcement (BSEE), the federal agency
that permits offshore drilling.
Because of the well's proximity to seismic faults, the regulators conducted
a "geohazard" review before green-lighting the project. The area is
seismically active, and the most recent earthquake felt near Santa Barbara
was a 4.8 magnitude tremble May 29 off the coast just north of the city.
DCOR LLC told federal regulators that, if the offshore frack proves
successful, the company would pursue more offshore fracking, according to
internal BSEE communications. DCOR LLC is California's largest offshore
player, operating 11 of the 24 rigs off the state's coast, according to the
company's website.
Offshore fracking is rare, but officials expect that other firms also may
utilize fracking technology on offshore rigs in the future as oil drilling
continues to accelerate in California, according to internal BSEE
communications.
Fracking is a method of extraction that involves forcing water, chemicals
and sand deep beneath the Earth at high pressure to break up underground
rock and release oil and gas. Advances in fracking technology have made
domestic oil and gas reserves more accessible, and the industry has expanded
across the country, igniting one of the nation's most heated environmental
debates.
Unlike modern onshore fracking, which uses horizontal techniques to extract
oil and gas from unconventional sources such as the Marcellus Shale,
offshore fracking is used to stimulate oil production in old wells and
provide well-bore stability, according to a statement made on background by
a BSEE spokesman. Offshore fracking typically uses 2 percent of the fluids
and 7 percent of the sand typically used in large onshore operations.
Is Offshore Fracking Legal?
In 2011, the Santa Barbara-based Environmental Defense Center reported that
Venoco had fracked a well from the Platform Gail oil rig in the Santa
Barbara Channel. Little was known about the operation at the time, but the
group pointed out that federal regulators allowed the frack under existing
permits and no environmental review had been documented.
Truthout later uncovered a 2009 Venoco financial disclosure statement
detailing the company's plans to frack from Platform Gail in the Sockeye oil
field. According to comments made by Venoco CEO Tim Marquez at the time,
advanced fracking techniques would be tested at Sockeye.
"We believe one of the Monterey shale zones producing at Sockeye is highly
analogous to areas we’ve targeted with our onshore Monterey shale leasing,"
Marquez commented in the disclosure statement. "These wells appear to be
ideal candidates for fracturing, but modern fracture technology has never
been tested on them."
The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE)
permitted Venoco's 2010 frack job. The operation was the first offshore
frack approved since 2001, according to a "fact sheet" released by BSEE.
Following the BP oil spill in the Gulf of Mexico, BOEMRE split into two
agencies: BSEE and the Bureau of Ocean Energy Management (BOEM).
Truthout has confirmed that regulators approved both the Venoco and DCOR LLC
frack jobs by signing off on modifications to existing drilling permits. The
regulators claim that they review all applications for environmental
concerns, but environmentalists say that they did not produce the kind of
detailed assessment of the potential impacts that modern fracking technology
could have on ocean environments that is required by the federal law.
"It's completely illegal for the agency to approve fracking in the outer
continental shelf without conducting a complete environmental impact
statement," said Kassie Siegal, a senior counsel at the Center for
Biological Diversity, after learning about the offshore fracking.
In a cache of internal emails released to Truthout, BSEE Chief of Staff
Thomas Lillie openly wondered how the agency could allow fracking offshore
without producing an environmental impact statement (EIS):
In a background statement, a BSEE spokesman said fracking is one of
several operations that a driller can propose to use by applying to modify
its original drilling permit. To satisfy federal legal requirements, every
application is reviewed by regulators for environmental and "geohazard"
concerns that were not addressed in previous reviews that were part of the
leasing, drilling and exploration processes, including environmental
assessments (EA) and EIS.
When Truthout asked BSEE for a copies of the previous federally mandated
environmental reviews, however, the spokesman referred the request to BOEM,
the agency that keeps records of such reviews of drilling in federal waters.
In an email, a BOEM official then told Truthout to file yet another FOIA
request to receive copies of the "historical EIS/EA information."
Miyoko Sakashita, the Center for Biological Diversity's ocean specialist,
later told Truthout that environmental reviews that form the basis for the
original drilling permits likely are too old and outdated to address the
potential environmental impacts of deploying modern fracking technology in
the outer continental shelf.
Siegal said BSEE would have to be challenged in court to prove that
permitting offshore fracking is illegal without updating environmental
impact reviews. In April, Siegal and her allies won a lawsuit on similar
grounds against the Obama administration's Bureau of Land Management (BLM)
when a judge ruled that the bureau could not lease public lands to oil
drillers without conducting an environmental review.
Four weeks later, the BLM postponed all lease sales in California for the
rest of the fiscal year. The BLM cited budget constraints, but the Center
for Biological Diversity points out that lease sales continue in other
states.
Siegal said regulators are "absolutely reckless" with fracking permits in
California, where an oil rush is gaining steam. Advances in fracking
technology have made it easier to extract oil from the Monterey Shale, a
massive underground formation that contains about two-thirds of the nation's
reserves.
The formation extends under the Pacific Ocean. And if fracking proves
successful onshore, top regulators expect that more oil drillers may pursue
fracking offshore, according to internal BSEE communications.
What are the Fracking Facts?
DCOR LLC appears to be the only firm currently planning to use fracking
techniques off the California coast, but other rig operators told BSEE
officials that they could not "rule out hydraulic fracturing in the distant
future," according to a "fact sheet" released by BSEE.
It's unclear whether the fact sheet, which was released to Truthout as part
of the FOIA request, was drawn up to inform the public or the regulators
themselves.
According to the fact sheet, fracking has occurred only 11 times in the
Pacific drilling region during the past 25 years. Most of the frack jobs
were conducted in the 1990s and were frack packs and "mini-fracs" that did
not extend farther than 50 feet from an oil well.
A BSEE spokesman, however, later told Truthout that, to get the full number
of fracks performed offshore, BSEE officials would have to comb through
every well file and count the number of fracking operations, which could
take years because many files are not digitized.
In a draft letter written in January 2012 to a concerned citizen who had
inquired about the Venoco offshore frack job, BSEE Director James Watson
wrote that fracking had occurred only twice in federal waters off the coast
of California and failed to mentioned the 2010 Venoco frack job. He also
claimed that BSEE would not approve any offshore fracking operations until
"detailed environmental assessments, such as the EPA study of [effects] on
drinking water due in 2014, are conducted and effective operating procedures
are determined so that they may be enforced to preserve our environment and
natural resources."
Within weeks, however, Watson's regulators would approve DCOR LLC's permit
modification to perform a frack pack. Meanwhile, the EPA study Watson
mentioned continues, and BSEE and BOEM have not made any "detailed
environmental assessments" of offshore fracking available publicly. It’s
unclear if Watson ever finished the letter and sent it to the concerned
citizen.
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