Legislature(2005 - 2006)CAPITOL 124

04/01/2005 01:00 PM House RESOURCES


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 142 OIL & GAS: REG. OF UNDERGROUND INJECTION TELECONFERENCED
Moved Out of Committee
+ HB 71 AK PENINSULA OIL & GAS LEASE SALE; TAXES TELECONFERENCED
Scheduled But Not Heard
Bills Previously Heard/Scheduled
= HJR 16 OPPOSE UN LAND DESIGNATIONS IN ALASKA
Moved CSHJR 16(RES) Out of Committee
= HB 174 FISHING PERMIT AND VESSEL LICENSE FEES
Moved CSHB 174(RES) Out of Committee
HB 142-OIL & GAS: REG. OF UNDERGROUND INJECTION                                                                               
                                                                                                                                
CO-CHAIR SAMUELS announced that the  next order of business would                                                               
be  HOUSE  BILL NO.  142    "An  Act  relating to  regulation  of                                                               
underground injection under the  federal Safe Drinking Water Act;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
                                                                                                                                
1:39:23 PM                                                                                                                    
                                                                                                                                
DAN  SEAMOUNT,  Commissioner,  Alaska Oil  and  Gas  Conservation                                                               
Commission (AOGCC),  said HB  142 gives  the state  the authority                                                               
over  a  very small  number  of  waste  disposal wells  from  the                                                               
Environmental Protection  Agency (EPA), which will  probably save                                                               
money and time for the state, federal government, and industry.                                                                 
                                                                                                                                
MR. SEAMOUNT said  there is redundancy and  confusion between the                                                               
industry and  agencies.   There are  two agencies  regulating the                                                               
same kind  of wells, he said.   Much time is  spent deciding what                                                               
kind of waste  goes down which wells.  "The  AOGCC regulates what                                                               
goes on underneath  the ground," he said, and  the most important                                                               
mandate  is  protecting  underground  fresh  water.    The  state                                                               
currently oversees the  Class 2 program.  There  are five classes                                                               
he said, "but basically the best  place to put oil field waste is                                                               
deep underground near where it has been produced."                                                                              
                                                                                                                                
1:41:57 PM                                                                                                                    
                                                                                                                                
MR.  SEAMOUNT  said  injection wells  enhance  oil  recovery  and                                                               
generates billions  of dollars  to the  state.   Alaska's statute                                                               
gives the  state authority over  Class 2  wells.  The  bill gives                                                               
the state control over Class 1 wells.                                                                                           
                                                                                                                                
1:43:08 PM                                                                                                                    
                                                                                                                                
MR. SEAMOUNT said two agencies  are now protecting a non-existent                                                               
resource--underground  fresh  water.   The  North  Slope  has  no                                                               
underground fresh  water, he  said.  After  the bill  passes, the                                                               
AOGCC would like  to do away with  Class 1 wells.   He added that                                                               
EPA  supports this  effort  and  is trying  to  come  up with  an                                                               
ingenious way to give partial primacy to the state.                                                                             
                                                                                                                                
1:44:42 PM                                                                                                                    
                                                                                                                                
MR. SEAMOUNT said  there are five classes of  wells created under                                                               
the federal Safe  Drinking Water Act.  Wastes  are injected below                                                               
freshwater aquifers for Class 1  wells, the state has primacy for                                                               
Class 2  wells, there  are no  Class 3 wells  in Alaska,  Class 4                                                               
wells are  outlawed, and Class 5  wells are the most  numerous in                                                               
Alaska, and  they take any  waste that  doesn't fit in  the other                                                               
classes of  wells, and most  are septic  systems.  He  said there                                                               
are 1,150 Class 2 wells and only seven Class 1 wells in Alaska.                                                                 
                                                                                                                                
1:46:36 PM                                                                                                                    
                                                                                                                                
MR. SEAMOUNT noted that over  98 percent of injected materials go                                                               
into Class  2 wells.   The  biggest problem  is the  confusion by                                                               
operators of  what is allowed  in the  wells, and they  deal with                                                               
two agencies, which  is a waste of time.   Mr. Seamount said they                                                               
should all be Class 2 wells, but EPA does not agree with that.                                                                  
                                                                                                                                
1:47:36 PM                                                                                                                    
                                                                                                                                
MR. SEAMOUNT said there would not  be any waste for Class 1 wells                                                               
were  it  not  for  the North  Slope  infrastructure,  and  AOGCC                                                               
believes that means they all qualify  for Class 2 wells.  He said                                                               
often  the  same   type  of  fluids  go   down  different  wells.                                                               
Sometimes the wells are right next  to each other, and the fluids                                                               
end up in the same zone, he added.                                                                                              
                                                                                                                                
1:49:23 PM                                                                                                                    
                                                                                                                                
MR.  SEAMOUNT said  the current  system  protects a  non-existent                                                               
resource and is inefficient.  He  stated that the AOGCC is faster                                                               
than EPA because EPA staff have to be sent from Seattle.                                                                        
                                                                                                                                
CO-CHAIR SAMUELS asked about EPA's position.                                                                                    
                                                                                                                                
1:50:38 PM                                                                                                                    
                                                                                                                                
MR. SEAMOUNT said  EPA is supportive.  He explained  that Class 1                                                               
and 2  wells are  the same  construction, but  Class 2  wells are                                                               
deeper so  they are  better for the  environment.   "There really                                                               
isn't much  difference at all between  them," he said.   He noted                                                               
that it costs $1 more per barrel to operate a Class 1 well.                                                                     
                                                                                                                                
MR. SEAMOUNT  pointed out the  options: "We can  conduct business                                                               
as usual, which  means that we don't have to  put any more effort                                                               
into this initiative,  but we're going to continue  with the same                                                               
confusion, same cost  to taxpayer and industry,  two agencies are                                                               
going to be  doing the same work."   He said he  doesn't think it                                                               
is anybody's preference to continue that same way.                                                                              
                                                                                                                                
1:52:31 PM                                                                                                                    
                                                                                                                                
MR.  SEAMOUNT said  HB 142  would allow  AOGCC to  try to  obtain                                                               
primacy of  Class 1  and 2 wells.   In the  long run,  AOGCC sees                                                               
only  one  class of  wells  on  the  North Slope--Class  2  wells                                                               
overseen  by the  state--but not  until this  bill is  passed and                                                               
there is a favorable ruling by EPA.                                                                                             
                                                                                                                                
REPRESENTATIVE LEDOUX asked about the EPA ruling.                                                                               
                                                                                                                                
MR. SEAMOUNT said  there is a four-person task force  with EPA to                                                               
figure out how to make the change.                                                                                              
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  if  the task  force  is already  in                                                               
place, why is there a need for the legislation.                                                                                 
                                                                                                                                
MR. SEAMOUNT  said the  state would need  language in  statute to                                                               
legally take over the program.                                                                                                  
                                                                                                                                
1:54:41 PM                                                                                                                    
                                                                                                                                
MR. SEAMOUNT  said if EPA  does not agree,  the bill will  not be                                                               
needed.                                                                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX asked about waiting  for the EPA to approve                                                               
the change, and then ask for legislative approval.                                                                              
                                                                                                                                
MR. SEAMOUNT answered that the AOGCC is trying to be prepared.                                                                  
                                                                                                                                
REPRESENTATIVE OLSON asked the view of the North Slope Borough.                                                                 
                                                                                                                                
MR. SEAMOUNT said he didn't know.                                                                                               
                                                                                                                                
REPRESENTATIVE GATTO  asked where  the North Slope  gets drinking                                                               
water.                                                                                                                          
                                                                                                                                
MR. SEAMOUNT said from surface water.                                                                                           
                                                                                                                                
1:57:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO asked about  surface contamination on top of                                                               
permafrost.                                                                                                                     
                                                                                                                                
MR.   SEAMOUNT  said   he  thinks   there   is  minimal   surface                                                               
contamination through disposal operations.                                                                                      
                                                                                                                                
1:57:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS  moved to  report HB  142 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 142 was passed  out of the                                                               
House Resources Standing Committee.                                                                                             
                                                                                                                                

Document Name Date/Time Subjects