The Mercury News

Report: Texas flouted aquifer rules for years

- By Will Weissert Associated Press

AUSTIN, Texas — Texas allowed the drilling of oil and natural gas injection wells in some areas near drinking water sources starting more than three decades ago, but state regulators recently assured the federal government the effort posed “little to no risk” to the subterrane­an reserves, according to a report released Friday.

Clean Water Action, an environmen­tal advocacy group, contends in its report that the nation’s top oil-producing state doesn’t really know how many injection wells are affecting drinking water or the full impact.

That’s because the state still hasn’t properly implemente­d federal aquifer safeguards, 34 years after telling the U.S. Environmen­tal Protection Agency that it would do so, the group said.

“We actually don’t know the full extent of the problem,” said John Noel, primary author of the report.

“They’ve permitted tens of thousands of injection wells without following federal guidelines.”

Injection wells take various forms and are used for production and waste disposal in oilfields. In addition to explorator­y drilling, oil producing operations can produce large amounts of briny fluid and other waste, and oilfield operators often dispose of the waste by injecting it back undergroun­d.

In 1982, the EPA and Texas’ Railroad Commission, which oversees oil and gas production, agreed that many existing injection wells would be exempted from federal rules designed to protect undergroun­d sources of drinking water.

Excerpts of letters from 1982 released Friday as part of the report show that the commission said it would provide federal officials with a map of existing exempt areas already being used by oil producers and pledged to secure EPA approval before sanctionin­g new exempted areas or allowing existing ones to get larger.

Noel’s report says Texas never produced such a map and that the Railroad Commission doesn’t have a full record of the exemptions granted.

Railroad Commission spokeswoma­n Ramona Nye said Friday that the agency “remains in compliance” with the 1982 EPA agreement. She said the commission will use grant funding to verify that permits issued since “do not authorize injection into undergroun­d sources of drinking water in zones that were not approved by the EPA.”

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