Proposed Injection Well & Aquifer Exemption

On Friday, January 14, 2022, the Region 10 water division of the U.S. Environmental Protection Agency (EPA) in Seattle, Washington, issued public notice of a draft permit (ID-2D001-A) for an underground injection control (UIC) well application, authorizing the first Class II oil and gas waste well in Idaho, in the Willow Sands gas field in Payette County.  As also requested by the project applicant, Snake River Oil and Gas (SROG) of Magnolia, Arkansas, the EPA released a proposed record of decision for exemption of the aquifer surrounding the well from its current designation as an underground source of drinking water (USDW) [1-8].

The EPA notified local communities and tribal and state governments that it had opened a 45-day public comment period on this debacle, which concludes on March 30 and offers a public hearing via teleconference on Friday, February 18 [2].  It delivered the public announcement via electronic mail, for publication in the Independent Enterprise and Idaho Statesman, and to officials of the Shoshone-Bannock Tribes of the Fort Hall Reservation, the U.S. Fish and Wildlife Service, the Idaho departments of environmental quality, geological survey, historic preservation, lands, and water resources, the governor’s office, the nearby cities of Fruitland, New Plymouth, and Payette, Shelly Brock of Citizens Allied for Integrity and Accountability (CAIA), and Richard Brown of SROG.

These two EPA actions require public resistance and input via two sets of email comments, a remote public hearing, and any creative actions that arise.  The EPA plans to allow SROG to convert the existing, abandoned, DJS 2-14, hydrocarbon extraction well, located approximately five miles north-northeast of New Plymouth, into a Class II injection well, for dangerous disposal of fluids between depths of 4,900 and 5,500 feet.  In this well, SROG could commingle waste “waters” brought to the surface at its two dozen mostly conventional, oil and gas production wells in the Treasure Valley, with fluids not classified as hazardous waste from its gas plant operations.  Purportedly, “claystone confining intervals” would separate injected fluids from surrounding, shallow, drinking water aquifers.

The EPA also proposes to approve a drinking water aquifer exemption for approximately 269 acres within the injection zone of this Class II well, in the hills east of Little Willow Creek and Road and north of the Payette River and its floodplain, a few miles upstream from their confluence with the Snake River.  The federal agency has determined that this aquifer contained by several faults does not currently, and cannot in the future, serve as a source of drinking water.  However, within the 24 square miles (15,360 acres) surrounding the proposed waste injection well, multiple water wells presently provide potable and irrigation water.  (See the posted, southeast-facing photograph showing the highest-elevation, DJS 2-14 waste well, the closest, illegally acid-fracked, ML Investments 1-11 gas well [9], the lower, ML Investments 2-10 gas well, and the valley-bottom, Little Willow gas gathering facility, and an aerial map depicting the aquifer exemption boundary with yellow lines and existing water wells with light-blue dots [3].)

Regulating Class II injection wells after assuming authority over that program from the state of Idaho several years ago, the EPA cannot issue UIC permits under Part C of the Safe Drinking Water Act, if subsurface waste injection endangers underground sources of drinking water.  Accordingly, the EPA and SROG require impacted aquifer exemption to advance these otherwise prohibited, Class II injection well decisions and activities.  The fifth most seismically prone state of Idaho banned inherently risky, oil and gas waste injection wells in 1985.  But against strong public opposition, the EPA approved a 2018 rule change that transferred authority for permitting these wells, as requested by the Idaho Department of Water Resources, from the state to the federal agency, ostensibly overriding the ban and facilitating this controversial practice [6, 8, 10].

Probable Harms from Oil & Gas Waste Wells

In oil and gas producing regions throughout the continent, hazardous oil and gas waste injection wells have caused well-documented, devastating, surface and ground water contamination and induced and increased seismic incidents, including extensive earthquake clusters many miles from these wells that have inflicted property damages, insurance claims, and lawsuits.  As Citizens Allied for Integrity and Accountability (CAIA) warns, “This method for disposing of oil and gas waste, while notoriously hazardous, presents an even greater risk when promoted through the use of ‘legacy’ wells.  Steel and cement casings have a long history of failing over time, allowing toxic fluids to migrate into drinking water aquifers and to the surface, where they can poison streams, rivers, irrigation systems, and critical wildlife habitat” [8].  Federal laws two decades ago exempted many oil field operations and wastes, such as drilling fluids, produced water, and hydraulic fracturing (fracking) fluids, from the environmental and hazardous waste regulations that govern other businesses.  Moreover, the historically understaffed and often politically repressed EPA lacks capacities to adequately inspect, document, and enforce oil and gas operation violations [11]. Continue reading →