06 June 2011 Council of Canadians Atlantic Regional Office Gottingen St. Halifax, NS B3K 3B2 (902)

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1 06 June 2011 Council of Canadians Atlantic Regional Office Gottingen St. Halifax, NS B3K 3B2 (902) Hydraulic Fracturing Study Environmental Science and Program Management Division Nova Scotia Environment Box 442, Halifax NS, B3J 2P8 Submitted via RE: Review of Hydraulic Fracturing in Shale Gas Operations in Nova Scotia The Council of Canadians is pleased to see that the Nova Scotia Government is reviewing hydraulic fracturing to determine if the risks are too great for our water and our communities. There is ample evidence that shale gas companies use exorbitant amounts of water and harmful chemicals in the fracking process. We urge the government of Nova Scotia to ban fracking to protect water sources for current and future generations. Until a ban is implemented, we recommend that: - All fracking projects should require a Strategic Environmental Assessment as well as a water permit from Nova Scotia Environment. - Industry should be required to disclose all substances used in the fracking process until a ban is implemented. (Given that there are no fracking permits requests at this stage, this should be a non-issue.) Process: Some of our members have raised concerns with this process. There is no framing question, such as, Should fracking be allowed in Nova Scotia, or is the potential for harm too great? or What environmental affects will result from hydraulic fracturing in Nova Scotia and can these can be controlled or mitigated by effective regulatory practices? These would allow submissions to be more focused on recommendations for the committee to consider.

2 Although the concerns around water are great, they are several other concerns we have with fracking (see below). We recommend that the Nova Scotia Government broaden this review to include other environmental concerns. Additionally, since many people do not know much about hydraulic fracturing or fracking, there should be a more transparent public consultation than just public comments. Once the submissions have been reviewed and the government has finalized the terms of the study, we hope there will be further opportunities for Nova Scotians to engage in this process in a more detailed and meaningful way. Other Environmental issues: Other major environmental concerns with the fracking process include air quality concerns, environmental degradation, soil, forests, and wildlife. Economic impacts include tourism, farming as well as property values. Health concerns as a result of the chemicals used in the fracking process are extensive. Many of these and others also have a concentrated impact on rural communities and rural quality of life. (Council of Canadians factsheet No Fracking Way: Hydraulic fracturing causes serious risks to health and water available at Water: Hydraulic fracturing or fracking poses a significant threat to Nova Scotia s water sources. The fracking process uses vast and unsustainable amounts of water. The toxic chemicals used in the fracking process further pollute Nova Scotia s already vulnerable water sources. The wastewater flowback, a mixture of toxic chemicals, is either buried in the ground threatening local aquifers or put through municipal wastewater treatment systems which are ill-equipped to handle the chemicals used in fracking projects. Nova Scotia s Aquifers Throughout Canada, ground water aquifers are generally found within 100 metres of the surface. The water table in Nova Scotia is generally located within approximately 5 metres of the ground surface, but can be further underground in regions with higher topography, such as the Cape Breton Highlands. Since shale formations are usually found within metres of the surface, groundwater aquifers are at risk of contamination which in turn threatens communities drinking water. According to Nova Scotia Environment, Of the 82 municipal water supplies in Nova Scotia, approximately 34% obtain their water from groundwater sources and 12% use a combination of groundwater and surface water. In addition, groundwater supplies are used by most of the small registered public water systems in Nova Scotia, which provide water to facilities such as rural schools, day cares, nursing homes, restaurants and campgrounds. 2

3 Fracking puts groundwater sources and consequently drinking water at risk of contamination. Water Problems in Nova Scotia Nova Scotia s water sources are already vulnerable due to climate change, pollution and acid rain. Climate Change and the impact on Water Sources Although there is an increase in overall precipitation due to climate change, there are hotter, drier and longer summers in Nova Scotia. According to Ecology Action Centre, the increased temperatures and extended summers result in reduced moisture in the soils and changes in the population structure of rivers, lakes and wetlands. This has a direct affect on municipal water supplies. Increased evaporation results in decreases in water levels and increases in the concentration of pollutants. Lower water tables in areas adjacent to the ocean may result in influxes of saltwater affecting freshwater species and contaminating the groundwater on which local residents rely. Southern Nova Scotia, which is very dependent on groundwater for drinking water, and low-lying and adjacent to the Bay of Fundy, would be especially vulnerable. Natural Resources Canada s 2007 report Climate Change Impacts and Adaptation Program noted the following trends on water and climate change including: Some coastal communities have started experiencing saltwater intrusion in their groundwater supply. Variations in precipitation will combine with higher evapotranspiration to induce drier summer conditions. Limited water resources would affect municipal water supplies and challenge a range of sectors, including agriculture, fisheries, tourism and energy. Although higher temperatures and longer growing seasons could benefit agriculture and forestry, associated increases in disturbances and moisture stress pose concerns. Water Pollution According to the Ecology Action Centre, Nova Scotia s water is threatened by various sources of pollution including non-point source pollution such as urban runoff (oil from cars, heavy metals, lawn pesticides, garbage, bacteria from animal and human waste, pharmaceuticals), agricultural runoff (pesticides, fertilizers, erosion, bacteria from livestock feces), and forestry runoff (causing erosion and sedimentation). Point source pollution includes sewage outfalls and industrial discharges. Ecology Action Centre has noted that water-use of eight Halifax Regional Municipality lakes was restricted due to high bacteria levels: Chocolate Lake, First Lake, Grand Lake, Long Pond, Springfield Lake, Williams Lake, Russell Lake and Morris Lake in Acid Rain 3

4 According to the Ecology Action Centre, Nova Scotia receives over double the amount of acid rain its ecosystems can safely handle each year. Nova Scotia is the most heavily impacted province in Canada in terms of the percentage of fish habitat that has been damaged or destroyed by acid rain - and the only region in North America where entire river systems have been acidified by this process. Water Use Fracking uses massive amounts of water. Approximately 2 to 9 million gallons of water are required for a single "fracking" job. In the report Fractured Lines, Ben Parfitt notes that in fracking 10 shale gas wells in British Columbia s Horn River Basin required 909,090,000 litres of water. Allowing fracking projects to continue would seriously threaten Nova Scotia s already strained water sources. Toxic Chemicals A four billion gallon fracking project requires 80 tonnes (200,000 gallons) of chemicals. Industry is not required to release what chemicals they use in fracking projects. However, some chemicals found in fracking fluids in the US include ethylhexanol, formaldehyde, glutaraldehyde, boric acid, ethylene glycol, methanol, monoethanolamine, dazomet, acetic anhydride, isopropanol, propargyl alcohol and diesel. The New York State Department of Environmental Conservation s Division of Mineral Resources released a massive report which listed 257 additives that may be mixed with the water. The fracking process also brings up radioactive elements from underground. There has been anecdotal evidence that fracking fluids have leeched uranium. There is also radon and radium-226 in shale deposits. Water Contamination The use of these toxic chemicals would contaminate Nova Scotia s already vulnerable water sources. ProPublica reports on contents of fracking fluids and contamination of nearly 1000 rural wells by the shale gas industry in the US. Duke University recently released a report on methane contamination of drinking water within one kilometre of hydraulic fracturing sites. The report found that Methane concentrations were detected generally in 51 of 60 drinking-water wells (85%) across the region, regardless of gas industry operations, but concentrations were substantially higher closer to natural-gas wells (Fig. 3). Methane concentrations were 17-times higher on average (19.2 mg CH4 L 1) in shallow wells from active drilling and extraction areas than in wells from nonactive areas. Sand and chemicals from one site has been found to contaminate other sites; what industry euphemistically calls communication between sites. Fractured Lines notes that sand being pumped underground during fracking at one well showed up at the other in Montney Basin in British Columbia. The British Columbia Oil and Gas Commission reported that it was aware of at least 18 4

5 contamination incidents ranging from 50 to 715 metres apart which raises serious alarm bells when it comes to our drinking water sources. If contamination of sand and chemicals can occur horizontally from site to site, it stands to reason that contamination can vertically from the fractured shale to ground water aquifers. Further, while immediate effects may not always be detected, Professor of Engineering, Tony Ingraffea, from Cornell University notes that the effects of fracking are cumulative. Professor Ingraffea has noted that there is one serious environmental concern for every 150 wells drilled today in the US which means if there are hundreds of thousands of wells, there are hundreds or thousands of serious impacts. He highlights the cumulative impacts of fracking so although communities may not be seeing some of the consequences today, communities will see the effects of fracking in 10 or more years. Health Problems Related to Fracking Chemicals Fracking chemicals have been linked to significant health problems and have been associated with bone, liver and breast cancers as well as developmental, gastrointestinal, circulatory, respiratory, brain and nervous systems disorders Wastewater Flowback The wastewater or what is termed wastewater flowback is either injected deep underground which risks leeching into the ground or nearby water sources or treated at municipal wastewater facilities which are not equipped to decontaminate fracking wastewater. If discharged into waterways, the wastewater flowback puts our drinking water supplies at risk. Water as a Human Right and Public Trust Nova Scotia needs to implement a water allocation system based on water as a human right and public trust. Water as a human right would ensure that water for domestic needs, the environment and community uses are a priority. Water as a public trust would ensure that governments manage water and an allocation system in trust for the people or in the public interest. Last year the UN passed two resolutions recognizing the human right to safe and clean drinking water and sanitation. The second resolution passed by the UN Human Rights Council recognized the human right to water and sanitation as already entrenched in international law. Therefore Canada has a legal obligation to uphold the human right to water and sanitation. If a corporation is using our collective water to make profit, they should pay a hefty licence fee. This would be under the public trust doctrine and no one would own that water but they would just be granted a license to use it. Under a human right and public trust doctrine system, governments would need to be very careful who they give water licenses to and be able to revoke them if abused. Under the public trust doctrine, no one would or should have the right to "buy" water to pollute or to bottle it. 5

6 The Environmental Act While the Act has several requirements aimed at environmental protection and sustainability such as hydrology reports from registered professional engineers, qualified hydrologists or other qualified persons, evaluations of potential effects, long-term plans to monitor stream flow and public consultations, the Act does not recognize the human right to water and fails to prioritize domestic and community use over private, for-profit use. Under the Activities Designation Regulations (Division I) of the Environment Act, any individual or entity withdrawing surface or ground water exceeding 23,000 litres per day must obtain a water withdrawal approval from Nova Scotia Environment. For ground water this requirement only applies to water withdrawal exceeding two weeks. The Guide to Surface Water Withdrawal Approvals and Guide to Ground Water Withdrawal Approvals stipulates that "water allocations are based on a "firstcome, first served" basis. Priority is given to existing withdrawal approvals over new applications." Under the Environment Act and Regulations Fees Regulations, annual user fees for water withdrawals are determined only by the quantity of water used. Regardless of whether the water is being used for municipal, recreational, industrial or domestic purposes, users pay the same amount. For example at users are required to pay $ per year for water use of L per day up to litres. Shale gas companies requiring water for fracking projects which results in wastewater flowback would pay the same amount for water municipalities use to supply drinking water. There is ample evidence that shale gas companies use exorbitant amounts of water and harmful chemicals in the fracking process. We urge the government of Nova Scotia to ban fracking to protect water sources for current and future generations. Until a ban is implemented, we recommend that: All fracking projects should require an environmental impact assessment as well as a water permit from Nova Scotia Environment. Industry should be required to disclose all substances used in the fracking process until a ban is implemented. Thanks for your consideration, Angela Giles Atlantic Regional Organizer Council of Canadians Emma Lui National Water Campaigner Council of Canadians 6

7 Sources: Bracken, Lisa. Fracking Primer: BC Tap Water Alliance: Conservation Council of New Brunswick, Fracking Primer: DeSmogBlog Project Fracking the Future How Unconventional Gas Threatens our Water, Health and Climate: Deveau, Jean-Louis. No Fracking Way: Ban Hydraulic Fracturing in Canada: Environment Act , c. 1, s. 1. Ecology Action Centre Freshwater Resources: Water Issues in Nova Scotia Nelson, Joyce. Watershed Sentinel: "Fracking-Natural Gas Affects Water Quality" Osborn, Stephen G. et al. Methane contamination of drinking water accompanying gas-well drilling and hydraulic fracturing: Parfitt, Ben. "Fracture Lines: Will Canada's Water be Protected in the Rush to Develop Shale Gas? "This is not your Grandfather s Gas Well": Sumi, Lisa, Environmental Concerns and Regulatory Initiatives Related to Hydraulic Fracturing in Shale Gas Formations: Potential Implications for North American Gas Supply: 7