GreenHunter to Coast Guard, We’re Barging While You Fiddle Around
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fiddle aroundAs MDN chronicled on Friday, there is a dispute between GreenHunter Resources and the U.S. Coast Guard (USCG) over what, exactly, constitutes “oil field waste” (see GreenHunter/Coast Guard War of Words — MDN Explains It). If we might toot our own horn for a moment, we were the first to understand and share that understanding of the key issue, which is whether or not produced water (“brine”) from horizontal wells is essentially the same chemically as produced water from vertical-only wells. That is what GreenHunter and the USCG disagree about. GreenHunter says it is the same thing, and the USCG isn’t so sure. On Saturday, our interpretation of that key issue was confirmed by USCG statements–they remain concerned that low levels of radiation, which may or may not be present in produced water from horizontal wells, DOES make shale well produced water potentially different from regular old produced water from vertical wells…
The Coast Guard’s lead chemical engineer said radioactivity found in drilling or fracking waste from the Marcellus shale formation would disqualify it from being barged on the Ohio River as so-called oilfield waste, as GreenHunter Resources is hoping to do.
However, GreenHunter Chief Operating Officer Kirk Trosclair said Friday his company still believes it has the authority to transport the wastewater via river vessels, adding that he does not believe there is any proof the material his firm will ship has elevated levels of radium.
Cynthia Znati, lead chemical engineer for the Coast Guard’s hazardous materials division, said the presence of radioactivity is the primary difference between “shale gas extraction wastewater” and the more traditional “oilfield waste.”
“The Marcellus shale is known to have elevated levels of naturally occurring radioactive materials, particularly radium,” Znati said. “From our perspective, that is the main hazard.”
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“Shale gas extraction wastewater remains at the agency level for discussion and future action,” [USCG Capt. R.V.] Timme said Friday.
For GreenHunter to ship waste under the provisions set forth in NCIV 7-87, Timme said the company would have to go through an application process that would include an evaluation of exactly what cargo would be shipped. Znati said GreenHunter would be permitted to barge this “oilfield waste” – if the company passed the test to prove the material is not radioactive.*
We don’t know about you, but it sounds to us like the USCG is intentionally prevaricating. Are they saying as long as the loads are tested for radioactivity and have a permit, GreenHunter can ship? Why does the USCG not use the more descriptive “brine” instead of “waste” as a term? What, exactly, are they saying?? Darned if we can figure it out. And it looks to us like GreenHunter isn’t waiting around for them to figure it out either. Looks to us like GreenHunter fully intends to begin shipments unless/until the USCG gets off it’s collective derriere after 3+ years and tells GreenHunter they can’t ship:
“GreenHunter Water will continue to transport ‘oilfield waste’ until such time as the Coast Guard ultimately decides on the proper definition of ‘shale gas extraction waste water’ and the rules under which such waste water can be transported. Once these rules are finalized, GreenHunter will comply with these rules and regulations,” Trosclair said Friday.* [emphasis added]
GreenHunter is saying they won’t intentionally break any official regulations, but the USCG hasn’t formulated any official regs yet, and so in the meantime, they’ll go with the existing regs which allows them to ship shale well brine (tested for radioactivity).
Meanwhile, the USCG continues to read more of the 70,000 form letters generated by anti-drillers as their excuse for more delays.
We see a court order for “cease and desist” coming from the USCG unless they man up and issue guidelines real soon. We don’t blame GreenHunter one bit for pushing the USCG out of their comfort zone and making them react. It’s the only way this will get resolved.
*Wheeling (WV) The Intelligencer/Wheeling News-Register (Feb 7, 2015) – Radiation Concerns Coast Guard Less
