Introduction
While federal regulations establish a regulatory foundation for fracking operations, states often add detailed requirements for liner materials, installation practices, and fluid management tailored to that state’s priorities and needs. This chapter examines state-specific regulations governing frac pad liners in three key US shale plays: the Permian Basin in Texas, the Bakken Formation in North Dakota, and the Marcellus Shale in Pennsylvania.
Texas and the Permian Basin
According to the Federal Reserve Bank of Dallas, the greater Permian Basin accounts for nearly 40 percent of all oil production in the United States and nearly 15 percent of its natural gas production. In this case, the Texas Railroad Commission (RRC) is the primary regulator of oil and gas operations, including those involving hydraulic fracturing.
The Texas Railroad Commission (RRC)
Regarding frac pad liners, the RRC has established a clear set of requirements:
Liner Materials
The RRC begins by providing a list of approved liner materials that meet stringent chemical resistance, durability, and impermeability standards. This list typically includes options like high-density polyethylene (HDPE), linear low-density polyethylene (LLDPE), and other robust geomembranes like reinforced polyethylene (RPE) and XR geomembranes.
Thickness and Installation
The RRC has established rules for minimum liner thickness based on operational and site conditions. It also spells out detailed standards for liner installation, including preparing the subgrade, welding seams, and testing for leaks.
Fluid Management and Monitoring
The RRC emphasizes scrupulous fluid management during fracking, with regulations on storage, handling, and disposal of flowback and produced waters. Operators are often required to include sensitive monitoring systems to detect tiny leaks or breaches in the liner system.
Unique Challenges in the Permian Basin
The Permian Basin presents unique environmental challenges which influence frac pad design and management, including the arid climate, intense UV exposure, and potential for soil erosion,. Additionally, scarce water resources in the region make any level of groundwater contamination unacceptable.
North Dakota and the Bakken Formation
The Bakken Formation spans North Dakota, extending into parts of Montana and Canada. In the early 2000s, with the arrival of fracking, it became a significant player in the US energy landscape. Today, the Bakken Formation produces roughly 25% of all shale oil produced in the United States. Today, oil and gas activities in the Bakken Formation, including those related to fracking, are regulated by the North Dakota Department of Mineral Resources.
The North Dakota Department of Mineral Resources
Protecting North Dakota’s natural resources and preventing pollution is a top priority for the state’s Department of Mineral Resources, and their frac pad liner regulations are among the country’s most stringent.
Liner Materials and Construction
The DMR maintains a strict list of approved liner materials with exceptional chemical and puncture resistance. It also provides detailed specifications for liner thickness, seam welding, and overall construction.
Flowback and Produced Water Management
The department regulates the handling, storing, and disposing of flowback and produced water generated during fracking operations. Focused on complete containment, these rules often require closed-loop systems and rigorous monitoring.
Site Reclamation
North Dakota has established strict regulations governing site reclamation after fracking operations are completed. These regulations include detailed requirements for removing liners, soil remediation, and restoring the land to its pre-drilling condition.
Navigating the Regulatory Landscape
Operators in the Bakken Formation face a complex web of regulations to achieve compliance, so the Department of Mineral Resources provides a wealth of information and resources on its website. However, questions regarding construction standards, containment requirements, liner specifications, and compliance considerations should be directed to the agency’s oil and gas division for complete and up-to-date information.
Pennsylvania (Marcellus Shale)
According to the AAPG, the Marcellus Shale of Pennsylvania, North America’s most extensive gas shale play, contributes one-third of the total United States shale gas production. This abundant resource has brought economic benefits to the state but also heightened awareness of the effects of unconventional drilling on the environment, especially water resources. In Pennsylvania, the Department of Environmental Protection (DEP) regulates oil and gas activities, particularly those related to fracking in the Marcellus Shale.
Pennsylvania Department of Environmental Protection (DEP)
Impermeable Liner Systems
The DEP mandates the use of impermeable liner systems to prevent fracking fluids and produced water from escaping into the environment. Strict requirements often include multiple layers of protection bolstered with leak detection systems.
Water Resource Protection
Pennsylvania’s DEP strongly emphasizes protecting the state’s water resources. Regulations for drilling pads include strict setbacks from water bodies, water testing, and monitoring requirements, and stringent wastewater disposal controls.
Air Quality
The DEP also regulates air emissions from fracking operations to minimize the release of pollutants and greenhouse gases. Regulations include controlling volatile organic compounds (VOCs) and methane emissions, often by installing geomembrane covers.
Waste Management
The DEP has specific regulations for handling, storing, and disposing of waste materials generated during fracking operations, including rules for managing drilling cuttings, flowback water, and other waste streams.
Navigating the Regulatory Framework
The Pennsylvania DEP provides extensive resources and guidance to help operators in the Marcellus Shale comply with a dense regulatory framework.
Key Resource: Chapter 78a of Title 25
The cornerstone of these regulations is Chapter 78a of Title 25 of the Pennsylvania Code, which directly addresses environmental protection for unconventional oil and gas wells. Chapter 78a provides detailed and updated regulations on unconventional well development, including:
- Well Construction: Standards for wellbore integrity, casing, and cementing to prevent leaks and groundwater contamination.
- Water Management: Requirements for water sourcing, storage, treatment, and disposal to protect water resources.
- Air Quality: Regulations on air emissions to minimize the release of pollutants and greenhouse gases.
- Waste Management: Proper handling, storage, and disposal of drilling wastes and produced fluids.
Fluid Management and Disposal
Section 78a.54 of the Pennsylvania Code explicitly mandates that operators must control and dispose of all fluids, residual waste, and drill cuttings in a manner that prevents pollution of Pennsylvania’s waters. This section directs operators to specific regulations within Chapter 78a (sections 78a.55 - 78a.58 and 78a.60 - 78a.63) that provide detailed guidance on containment, handling, transportation, and disposal.
Accessing DEP Resources
The DEP encourages operators to familiarize themselves with Chapter 78a and consult additional resources available on the DEP website, including:
- Full text of Chapter 78a for access to the complete and up-to-date regulations.
- Auxiliary documents and additional interpretations for clarification and compliance.
- Access to applications and instructions for necessary permits.
- Contact information for the DEP staff for specific questions and requests for assistance.
