Fracking opponents are now targeting wastewater disposal as their next strategy to curb drilling. Challenging disposal regulations provides an opportunity to increase federal oversight over wastewater treatment, which is currently regulated at the state level. If disposal regulations are changed, it could significantly impact well economics as disposal costs can reach 19% of total drilling costs. Lawsuits alleging that wastewater injection causes earthquakes may increase regulatory costs for drilling companies or find them legally liable. Classifying fracking wastewater as hazardous waste would dramatically increase costs for drilling companies compared to the current system that allows disposal in Class II wells.

1. Onshore disposal is fracking’s
next battleground
Brandon Barnes, Vincent G Piazza, Cheryl Wilson
Bloomberg Intelligence analysts

2. Fracking’s next legal battle may center on wastewater disposal

3. Low prices aside, the next big challenge for domestic oil and
natural gas production may be wastewater disposal. For years,
fracking has been a moving target for environmentalist lawsuits.
At first, plaintiffs cried foul over water contamination. Then class
actions claimed harm from emissions exposure. Others tried to
stop water withdrawals, or pass local zoning ordinances banning
well stimulation. None of those theories stuck. Wastewater
injection may be the wedge opponents have been seeking.

4. Waste may be next frontier for challenging shale development

5. Fracking opponents may have hit upon a winning strategy to curb
the drilling technique by targeting how wastewater is disposed of.
Challenging wastewater treatment carries with it the opportunity
for requiring federal oversight over what is generally a state-
specific operation.
Disposal as a portion of total drilling costs can reach 19%, so
regulatory changes could materially impact well economics. The
specter of earthquakes linked to fracking activities also carries
headline risk.

6. Oil, gas waste disposal depends on geography, cost of treatment

7. Disposal options for wastewater from fracking oil and gas wells vary
by state, and on-site recycling options can depend on local geology.
In the Marcellus region, naturally occurring radioactive materials
may be present in the flowback from wells, requiring special
treatment. State rules may incentivize certain disposal methods. In
Pennsylvania, deepwell injection isn’t an option. In the Permian where
drought conditions can exist, flowback and wastewater recycling is
encouraged through fast-track permitting.

9. E&Ps finding ways to deal with water-handling pressures out west

10. Water use and conservation, especially in the typically warmer climate
of the western U.S., is a growing concern as municipalities and user
groups debate the ever-increasing demands placed on this scare
resource.
Along with recycling efforts, E&Ps have implemented various steps
to mitigate the environmental impact and rein in costs related to
disposing waste water from wells. For example, Concho is focused
on transporting waste water by pipeline rather than by truck, which
reduces costs and is more efficient.

12. Fracking litigation: Drilling and production stage

13. Concerns about mass litigation involving groundwater contamination
from fracking that were prevalent a decade ago have largely failed
to materialize, though new litigation claiming disaster looms large.
Lawsuits alleging fracking waste re-injected into waste wells causes
earthquakes may be the next major threat, either by spurring state
regulators to limit waste disposal options or through findings of legal
liability. Groups are suing the EPA to change how waste is classified,
which may increase operational costs.
Regulatory costs could cut into already slim margins. New wells, as of
May 12, are regulated at a $640 million cost, while existing wells are
likely the next target.

14. Costs would jump if oil & gas waste is regulated as hazardous

15. The true impact of the lawsuit against the EPA is on the industry,
which could shoulder a cost burden associated with a regulatory
push away from Class II disposal wells. For operations outside of
Pennsylvania, disposal via Class II wells are a low-cost option. Class
I disposal wells, for hazardous wastes, have stricter permitting and
monitoring requirements, more restrictive siting conditions, and thus
are typically more expensive than Class II wells. Current disposal
costs are estimated at 5%-19% a well.

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