Comparing & Contrasting Extractive Industry Sectors in Ghana & the US

By Deanna Bitetti (Common Cause) and Samantha Malone, MPH, CPH (CHEC)

In the quiet of the morning the group we have travelled to Ghana with using a grant from the US Department of State to study extractive industries find ourselves swapping stories – wistfully thinking of American life back home. We find ourselves constantly comparing and contrasting the political environment in which public policy around extractive industries are crafted in both nations. Scratch beneath the surface and you will find that Ghana and the US are not that different after all.

The pernicious influence of special interest money permeates throughout American political culture just as it does in Ghana; compulsory Integration models in the states have allowed for mineral rights to be taken from American citizens, and confusion over the leasing of mineral rights for natural gas extraction has led to uprooted communities. Environmental degradation and costs to local communities have been paramount in both the US and Ghana. These two nations separated by the Atlantic are struggling to balance new extractive industries as an engine for economic growth and protecting communities from the pitfalls associated with the “resource curse.” As both nations forge ahead in developing their oil and gas sectors, how they manage the risk associated with natural gas development will ultimately define how the citizenry thinks about the role of government and government institutions.

Below is a short comparison of some key aspects affecting constituencies in the US and Ghana.

Special Interest Influence

During a recent discussion with a local royal chief in a small village I am reminded that corporate influence is not localized to any specific nation. Here, a gold mining company publicly presents the tribal leaders of a village with keys to two Land Rovers. In America, special interest money floods campaign coffers, exceedingly so in the wake of Citizen United. According to Open Secrets individuals and political action committees affiliated with oil and gas companies have donated $238.7 million to candidates since 1990. From 2010-2011 Exxon Mobil and The Koch Brothers, one of the largest oil and gas conglomerates in the US, spent $384,030 and $318,800 respectively on campaign donations on both sides of the partisan divide to influence environmental legislation aimed at regulating the oil and gas sector. In Pennsylvania, Common Cause’s www.marcellusmoney.org has tracked the significant campaign cash contributions that have flooded campaign coffers, and in New York our recent report “Deep Drilling, Deep Pockets,” highlighted the large amounts industry has spent to lobby our elected officials.

Public Benefits for Public Good

In Ghana only 5% of royalties paid by the extractive industry sector is paid to the State. Out of that 80% of the money goes into the government’s general fund, with only 9% trickling down to effected communities. In the US, Congress has historically rewarded energy companies and those involved in the extractive industry sector with tax breaks, without tangible realization of positive benefits to communities. Nearly two-thirds of US corporations don’t pay any income taxes. According to a study from the non-partisan Government Accountability Office, 83 of the top 100 publicly traded corporations that operate in the US exploit corporate tax havens. Since 2009, America’s most profitable companies, such as ExxonMobil, General Electric, Bank of America and Citigroup, all paid a grand total of $0 in federal income taxes. Even as we write this, Congress is considering offering major subsidies to promote natural gas extraction methods and providing major tax incentives to the industry, speeding up the timeline for extraction and feeding the natural gas boom (and possibly bust) cycle.

Mineral Rights and Extraction

At the heart of the debate over natural gas extraction in the US is the right of landowners to either retain their land or sign leases with companies with the hope of negotiating lucrative contracts for their mineral rights. In Ghana, Article 257 of the Constitution states that public lands and public property are “vested in the President on the behalf of, and in trust for, the people of Ghana.” In essence, the state has claims to mineral rights, not the individual. On the surface the situation in Ghana appears anathema to American values. Forced resettlement programs of thousands of fisherman, farmers and landowners offends our notion of private property and ownership as inviolate. Yet areas in New York and Pennsylvania have allowed for Compulsory Integration where companies were granted the right to drill on lands for which they did not hold leases. Some residents that may own the surface rights but not the mineral rights experience the effects of a “split estate.” Additionally, population displacement often occurs near areas of heavy drilling either because of fear of health effects, noise or pollution, or due to harassment by companies. The important benefits and drawbacks that result from personal ownership of mineral rights must be considered seriously. Further, neither the United States or Ghana require companies to disclose the exact composition of the chemical mixtures used in the process, shrouding it in a cloud of secrecy from the public.

Externalities of Natural Gas Development

In Ghana, as farmland is turned over to industry to pave the way for rapid development, food productivity has begun decreasing – causing food and commodity prices to rise. Housing prices have been steadily increasing as foreigners flock to the areas surrounding the Jubilee oil field, causing a surge in demand for those residences. Prostitution and crime has been on the rise, as well. Even smoking has increased as foreigners bring with them new social norms. In the US we have seen similar externalities imposed on host communities by the extractive industry sector. In Pennsylvania we have already seen the rise in housing shortages due to workers being brought in from out of state, traffic incidences, and roadway degradation. Air quality concerns, drinking water contamination, and stress-related health effects are being documented. Both nations lack clear and updated standards for hazardous waste removal of drilling fluid or drill cuttings. Each country will have to address new pressures placed on transportation infrastructure, including increasing maintenance costs as new roads are created and old roads need constant repair to handle the increase in heavy truck traffic.

Public Health Issues

Residential and operational waste – regardless of its country of origin – is a common postcard to receive from the presence of extractive industries. Improperly handled waste contributes to a multitude of public health issues, such as tainted drinking water, disease transmission, air pollution, and threats to the food supply. One of the differences between Ghana and the U.S. lies in the awareness of where our waste goes. Americans are physically separated from the sources and end products of our distracted commercial lives. Trash is collected by a contractor and taken to dump sites, incinerators, or overseas. Ghanaians face their (and others’) waste on the country’s busy sidewalks, in open sewers, and floating in their magnificent waterways. They witness the neocolonial exploitation of their local resources for the imbalanced consumption and financial gain of other countries. While our processes for extraction and waste disposal differ somewhat, we share a common problem – how to reduce our demand on the entire cycle. Many of the earth’s resources are finite and severely threatened, and so sustainability must be the prescription for healthy development.

Conclusion

This list is not exhaustive, nor it is it meant to be. To move toward a best-practices model for developing extractive industry sectors and managing the high risks associated with doing so means paying close attention to the pace and scope of development, as well as attempting to ameliorate negative externalities imposed on communities. This must include mechanisms for proper oversight and regulation, sustainable planning and development, enhanced civic societal input at the decision- making table, and realistic expectations about the financial promises of oil and gas. In nations such as Ghana, managing these revenues will require more transparency and better management to ensure that revenues do not create large wealth distribution imbalances. In the US, ensuring that industry and government do not form cozy relationships that undermine independent oversight regimes is a major concern.


Deanna Bitetti is the Associate Director of Common Cause/NY. Samantha Malone is the Communications Specialist at the Center for Environmental Healthy Environments and Communities and a doctorate student in the University of Pittsburgh Graduate School of Public Health. They are currently in Ghana as part of a State Department funded research trip on resource extraction hosted by Duquesne University (Pittsburgh, Pennsylvania) and the University of Ghana (Legon, Ghana).

Marcellus Shale Advisory Commission Report Released

Yesterday, the Governor’s Marcellus Shale Advisory Commission, lead by Lieutenant Governor Jim Cawley, released a 137 report of their recommendations, which is available at the Post-Gazette website. The Commission, composed of industry and state government officials, came up with almost a hundred recommendations, including some controversial items such as a drilling “impact fee”, as well as forced pooling.

Take a look at the document linked above, and let us know what you think about it.

Paid Marcellus Programming to Play in West Virginia

Who doesn’t love a good half hour commercial? But it’s not just for OxiClean and musical compilations of 70’s disco tunes anymore–the West Virginia Oil and Natural Gas Association is getting in on the act too.

In addition to the half hour weekly episode of “Inside Shale”, in which callers ask questions of industry insiders, there will be a “Marcellus Minute” that airs 10 to 20 times per day. Both programs are scheduled to launch on 49 radio stations throughout West Virginia.

Talking about the Marcellus Shale on the radio is certainly not off limits, but the industry sponsored call in show does sound questionable, in that the format mimics a news format, and it could be confused as such.  It’s a shame that the industry didn’t push for actual moderated discussions, with guests arguing from a variety of perspectives.  That is something that there’s a real need for, not just in West Virginia, but wherever shale gas extraction is occurring.

There are real impacts of drilling.  Some people are giddy with prospective royalty checks.  Others are bitter with the presence of compressors, condensers, and fouled water wells on property that they own, but not the mineral rights for.  There’s a lot to talk about, and communities that might be affected by the industry deserve to hear both sides.

2000 to 2010 Non Marcellus Waste Data

Yesterday, I provided our readers with a summary of long term non Marcellus Shale production data, which is self reported by the industry to the Pennsylvania Department of Environmental Protection (DEP). The DEP has recently made this information available retroactive to 2000, at least for oil and gas wells not drilled into the Marcellus Shale.

The following charts show the total reported waste for non Marcellus Shale wells over time, from 2000 to 2010.


Non Marcellus Shale brine production in Pennsylvania: 2000 to 2010
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Historical Production and Waste Data Added to DEP Site

Recently, the Pennsylvania Department of Environmental Protection Bureau of Oil and Gas Management has added historical oil and gas production and waste data for non Marcellus Shale wells. This data is now available as far back as 2000.

I’ve made a couple of charts to illustrate production values for these wells over time.


Gas production per year, in billions of cubic feet (Bcf)
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Five Month Oil and Gas Inspection Data

Between January and May 2011, the Pennsylvania DEP conducted 977 inspections on oil and gas operations, issuing 1,751 violations to drilling and pipeline operators, and 311 enforcement actions. These totals are for all oil and gas operations, including the Marcellus Shale.


Most inspections by operator, January – May 2011

Two of these entries are similar:  “Incomplete Data” and “Unknown Operator”.  All but one entry listed as having an unknown operator involved failing to plug and abandoned well, and was issued either on the 17th or 18th of February.  Everything else where the operator is unknown is listed as “Incomplete Data”.


Most violations by operator, January – May 2011

Although this particular analysis does not include details about the wells which were flagged for violations, many of the operators on this list are focused on Marcellus Shale operations in Pennsylvania, including Cabot, Chief, Chesapeake, Anadarko, Range, and XTO.  In May, I discussed how there was little overlap between Marcellus and non Marcellus drillers. At that point, the distribution of the only seven companies that drilled one or more of each kind of well in Pennsylvania was as follows:


Operators with at least one Marcellus Shale and non Marcellus Shale well between January 1 and May 18, 2011.


Most enforcement actions by operator, January – May 2011

I’m not sure what the point of issuing an enforcement action is when the well operator is not known.  There are 187 rows of incomplete data, detailing 178 violations, and 55 enforcement actions.  The following columns are missing data for every single row:  operator, permit number, county, municipality.  It does, however, include penalty amounts issued and total amounts collected, which means that the DEP does have information about at least some of these wells, they just neglected to share it with the rest of us.


Most violations per inspection by operator, January – May 2011

The list of most violations per inspection is dominated by small, non Marcellus Shale operators, with relatively few inspections.


Most enforcement actions per violation by operator, January – May 2011

Similarly, the companies with the most enforcement actions per violation involve those with relatively low sample sizes.

It isn’t clear to me though, what constitutes an enforcement action, and when such an action is deemed appropriate.

Land of Confusion

The last time I checked on Consol, for example, they had no violations.  This time, not only is there a violation, but an enforcement action as well.  That doesn’t mean that they were given a fine, however–their enforcement description reads, “Notice of violation”.  And yet, according to the report, there are 1,751 violations issued but only 311 enforcements, or roughly 18 percent.  So when do they get the enforcement of “Notice of violation”?

Curious.  But it gets more confusing than that.  Although there are only 311 enforcements, there are 729 instances of “notice of violation”, 43 counts of “administrative orders”, 48 instances of “consent assessment of a civil penalty”, and “consent order and agreement” came up four times.  That totals 824 enforcement descriptions for only 311 enforcements.

How can this be?

This is an example of what the violations report looks like.  The report is set up so that a particular inspection is listed just once, even thought there might be multiple violations that occurred as a result, as is the case for rows 1048-1050.  Additionally, multiple violations from different inspections might be covered by the same enforcement ID, as is the case for rows 1058-1065.  Although not shown here, there are also instances where the same Violation ID is used more than once, non consecutively.

PA Oil and Gas Violations:  Jan-May 2011 (large)
Location of oil and gas violations in PA, January to May, 2011. Click the “i” icon then any map feature for more information.

From my perspective, each row of data should be complete, not only because it is needed for our DataTool to associate all of the information with each map feature, but it also allows for looking deeper into the patterns of where the problems are.

For example, how many of the violations were for non Marcellus Shale wells? The report itself doesn’t say, although there is a separate Marcellus-only report, so you could subtract the total of that from the overall list. But what about horizontal wells? What if you want to know which companies have the worst record at certain types of violations? What if you want to compare the number of violations issued on a monthly basis?


Violations issued by month, January – May, 2011. Values are between 4 and 6 percent overstated on average.

If you want to dig deeper, there is no choice but to fill in the blanks. When I did that for this five month period, however, the values for violations were increase by between four and six percent over the totals that the DEP provided, due to the factors stated above.  While that may be a tolerable difference, the same process increases the number of enforcements by 165 percent.  Both of these inflated numbers represent actual events.  The differences arise more from the standpoint of how violations and enforcement actions are applied.

I applaud the DEP for releasing its oil and gas violation and inspection data so willingly and so thoroughly.  At the same time, it could certainly stand to be simplified.  As it stands, it isn’t enough to proclaim that “Operator A has seven violations” without answering whether there are any blanks in the data to be filled in, or whether any of the violations included multiple enforcement actions.

Dr. Christen to serve as Executive Director of PATF

Please join us in congratulating Dr. Charles Christen for his appointment as Executive Director of the Pittsburgh AIDs Task Force (PATF). PATF, the oldest and largest AIDS service organization in Southwestern Pennsylvania, is dedicated to supporting and empowering all individuals living with HIV/AIDS, as well as preventing the spread of infection. PATF is a leader in providing comprehensive support services that improve the health and quality of life for those living with HIV/AIDS in the following counties: Allegheny, Armstrong, Beaver, Butler, Greene, Fayette, Indiana, Washington, and Westmoreland.
Dr. Christen joined the Center for Healthy Environments and Communities (CHEC) as the Director of Operations in 2008. He has a doctoral degree from the Department of Behavioral and Community Health Sciences of the University of Pittsburgh Graduate School of Public Health, and a certificate in LGBT Health Research. Dr. Christen has an extensive background in HIV service, as well as a developing expertise in community based environmental health practice.

The Pittsburgh Aids Task Force is very fortunate to have Dr. Christen as their new leader. During his time at CHEC, Dr. Christen has demonstrated superb skills, most importantly the manner in which he develops close working relationships with community organizations. While it will be difficult to replace Dr. Christen as a dedicated employee, his responsiveness to environmental health issues and passion for fulfilling the University’s role in supporting community needs will be a legacy upon which we will build.

Dr. Christen’s last day with CHEC will be July 15, 2011. An active search for his successor is under way.

Update from US EPA on Hydraulic Fracturing Study

EPA Hydraulic Fracturing Study to Include Sites in Pennsylvania’s Marcellus Shale

As a part of its study on potential effects of hydraulic fracturing on drinking water, the Environmental Protection Agency (EPA) has selected seven sites to study in two distinct categories, three of which are in Pennsylvania’s Marcellus Shale.

The EPA will conduct five retrospective case studies nationwide, two of which are from Pennsylvania’s Marcellus Shale, including one site in Washington County, and another in Susquehanna and Bradford Counties. The other three retrospective case studies, in which water contamination is either confirmed or suspected include one site each from the Bakken Shale in North Dakota, the Barnett Shale in Texas, and the Raton Basin in Colorado.

The other two sites are considered prospective, where the EPA will monitor the hydraulic fracturing process at future drill sites. As with the retrospective sites, one of the prospective sites is a Marcellus Shale well in Washington County, PA, while the other is from the Haynesville Shale in Louisiana.

Well Permit Workload Reports

I am often asked how many Marcellus Shale wells or permits there are in Pennsylvania at the moment. The answers to these queries are growing all the time, and while I try to keep these datasets current on our DataTool to allow for mapping, the quickest way to find these answers is to look on the Well Permit Workload Report at the DEP website.  The workload report is updated weekly, and has a variety of information about drilling and inspection activities over a variety of time frames.  Many of the basic figures that people want to know about the industry in Pennsylvania are readily available:


Data Available on Weekly Workload Report for week ending 6-17-2011

Marcellus Shale Permit Applications

Another feature of the workload report is that it breaks down the status of Marcellus Shale permit applications from 2005 through the present.


Status of Marcellus Shale Applications in Pennsylvania, as of June 17, 2011

How selective is the process? Of the permit applications received so far, 94 percent have been approved, and four percent are still in the process of being evaluated. Only 31 applications (0.4 percent) were actually denied.

Between the Marcellus Shale and other formations, the DEP has issued over 16 permits for new wells every calendar day so far in 2011.

Violations per Inspection


2011 year to date inspection and violation data for Pennsylvania

So far this year, non Marcellus Shale wells are slightly more likely to be issued a violation upon inspection than their Marcellus Shale counterparts. This is actually a fairly dramatic change from 2010 data, which is summarized below:


2010 inspection and violation data for Pennsylvania

Last year, there were more than twice as many violations per inspection from the Marcellus Shale than from other formations, while this year the non Marcellus wells are being flagged more often. This is both because the rate of violations per inspection for non Marcellus Shale wells has risen by 35 percent over last year’s figure, and because Marcellus Shale wells are being flagged 41 percent less often this year than last year.

Movement of Pennsylvania’s non Marcellus Waste 2010

One of the biggest concerns about the Marcellus Shale industry in Pennsylvania is how to deal with all of the waste products that are created in the drilling, stimulation, and production of the wells. There are also more than 40,000 oil and gas wells from other formations in the Commonwealth that reported waste production to the Pennsylvania Department of Environmental Protection (DEP) last year. Whether this waste ultimately found itself into publicly owned treatment works, industrial waste treatment facilities, injection wells, or spread on roadways, it almost always has to be shipped to a different location, sometimes hundreds of miles away.

For more information on specific facilities that accepted non Marcellus waste in 2010, click on one of the maps below, then use our information tool (“i” icon) and click on any map icon.

Brine

Movement of non MS Brine Waste in PA for 2010 (large)

Yellow dots indicate wells that reported brine production, and red squares are receiving facilities. The green lines are the paths that the waste takes, as the crow flies. Darker lines indicate larger quantities of brine, which are measured in barrels. For more information on specific features, please click the map for a zoomable, dynamic view.

Statewide, almost 4.5 million barrels of brine was produced by non Marcellus Shale wells in 2010, which was transported over 900,000 miles as the crow flies(1) from the various wells to the facility locations, with an average one way trip of about 30 miles.


Facilities accepting the most brine from non Marcellus wells in PA in 2010

Drill Cuttings

Only one operator reported drill cutting waste from a total of three wells. All of this type of waste went to the same facility. Geographic coordinates were not included for the receiving facility in the data, so mapping and distance measurements were not performed for this analysis. Suffice it to say, however, that the amounts discussed are relatively small compared to brine and other types of waste.


Facility accepting drill cutting waste from non Marcellus wells in PA in 2010

Drilling Fluid

Movement of Drilling Fluid Waste for non MS Wells in PA In 2010 (large)
The color scheme for this map similar to that of brine, above, but in this view, yellow dots indicate wells producing drilling fluid waste.

More than 300,000 barrels of drilling fluid was produced last year from non Marcellus Shale wells in Pennsylvania. That waste traveled over 18,500 miles as the crow flies en route to its receiving facilities.


Facilities accepting the most drilling fluid from non Marcellus wells in PA in 2010

Frac Fluid

Movement of Frac Fluid Wate for non MS Wells in PA for 2010 (large)
The color scheme for this map similar to that of brine, above, but in this view, yellow dots indicate wells producing frac fluid waste.

While the term “frac fluid” is often used to refer to the chemical additives that are used along with water and sand to hydraulically fracture a well, in terms of the waste report, it refers to the flowback water. This type of waste contains the other type of frac fluid, but at significantly reduced quantities.

Last year, non Marcellus Shale wells reported producing over 499,000 barrels of frac fluid waste, which traveled almost 82,000 linear miles to receiving facilities, with the average one way trip being about 40 miles in length.


Facilities accepting the most frac fluid waste from non Marcellus wells ion PA in 2010

  1. Please note, for each distance analysis, only wells from the waste production report which included decimal degree data for both the wells and receiving facilities were included. Therefore, the distances are being understated. For example, only about 29,500 of the more than 40,500 non Marcellus wells that produced brine last year are included in this figure, or about 73 percent.