by Donna Iadipaolo

As of May 7, 2014, West Bay Exploration was responsible for 29.4 percent of the hazardous material spills reported to the MDEQ district covering Calhoun, Clinton, Eaton, Genesee, Gratiot, Ingham, Lapeer, Lenawee, Livingston, Shiawassee and Washtenaw Counties. 

THE CASE BROUGHT by Citizens for Oil-Free Backyards (COFBY) against West Bay Exploration and the Michigan Department of Environmental Quality (MDEQ) will proceed, despite a recent ruling against any injunction to stop the drilling at this time.

COFBY filed suit in Washtenaw County Circuit Court against the MDEQ and the oil company West Bay Exploration on July 16, 2014.

Honorable David S. Swartz denied a motion for a temporary restraining order, at this time, in the case on July 23.

“We filed an appeal and a complaint because the impacts from the initial well to our community and the expected cumulative impacts from the other wells and infrastructure that will follow this first well—to residents and to the environment—are significant and in our opinion are irreparable, and because we believe the MDEQ failed to consider these impacts before approving the permit for the well,” stated Laura Robinson, President of COFBY.

Robinson explained that she wants people not just in Scio Township and Ann Arbor to fight such oil well drilling, but everyone throughout the state.

“We want to change how the oil and gas industry functions with impunity in our state,” explained Robinson. “However, our initial motion for a temporary restraining order was denied by the judge. It’s important for everyone to know that even if  the legal system was unwilling to stop the first well at this time, that doesn’t mean it’s time to give up but instead time to fight harder.”

At the July 23 hearing, the MDEQ also filed a motion for summary disposition, which is currently set for August 20. No other court dates for the case have been set.

Meanwhile, West Bay has launched a similar oil exploratory well in Shelby Township, among densely populated residential subdivisions, at 25 Mile and Dequindre. Drilling is happening in a nature preserve that lies between residential neighborhoods.

COFBY said they visited the Shelby well during daylight and night-time hours, along with upset residents. They reported that they experienced first-hand: “extremely bright lights; loud noise comparable to a freeway, along with squealing sounds, despite a muffler reportedly being installed, as it would be in Scio; and vibration.”

Robinson reiterated her belief that the Scio/Ann Arbor Oil Drilling case is also a case for Michiganers generally.

“This invasion of residential areas by oil and gas companies is exactly what the residents of Michigan should not have to tolerate,” stated Robinson. “This well has ruined a community, and the same type of wells will ruin Scio Township, where many homes are just as close as those in Shelby and where there are numerous natural areas.”

Robinson also outlined the process that the oil drilling will take.

“An exploratory well is just the beginning of the process—when oil is found, it is followed by development such as additional wells, tank batteries, compressor stations, central processing facilities, pipelines, and constant truck traffic,” Robinson described. “It’s unacceptable that the rights of citizens to enjoy their lives in their established neighborhoods and to maintain their property values are made secondary, or even less, to the interests of oil and gas companies that suddenly come along and purchase the rights to minerals under the ground.

Robinson further stressed other factors.

“It’s unacceptable that the health, safety, and well-being of Michigan residents and the well-being of the environment are sacrificed,” she added. “And it’s unacceptable that township communities suffer the disastrous consequences of having their natural resources exploited and their natural areas destroyed so that a private company can try to extract a small amount of oil. This is not an investment in communities but a destruction of them.”

Oil-free Grassroots

Robinson said there has been an outpouring of support from people throughout Scio Township as well as Ann Arbor and that her grassroots organization is growing.

“This case is about the public not being heard despite knowledge that harm will be done to the environment and to individuals by the oil and gas industry,” stated Robinson. “It’s not only about our backyards, but about the future of Michigan and our energy policy.”

Robinson vowed to keep up the fight to stop oil drilling in the area. Yet, she stressed again it was not just a Ann Arbor-area issue, but State of Michigan issue as well.

“We are going to work hard to keep oil and gas out of neighborhoods in Michigan—starting right now in Scio Township, where West Bay wants to add oil wells to a beautiful landscape typified by residences, in a township that values preservation and that is a recreational and natural haven for all in the immediate and surrounding areas,” said Robinson.

Many local government officials have united against the drilling: State Representatives Gretchen Driskell (D-Saline) and Jeff Irwin (D-Ann Arbor) and State Sen. Rebekah Warren (D-Ann Arbor), have publicly opposed oil drilling in Scio Township.

In the letter to the DEQ from Driskell, Irwin, and Warren, they stressed the potential impact of oil drilling one mile from the Huron River, which provides drinking water to 85 percent of Ann Arbor residents. They also outlined potential means of pollution and water contamination, based on scientific studies.

“….Oil drilling can have numerous detrimental effects including the release of hazardous substances like silica dust into the environment, harmful changes to ground and surface water quality and quantity, various disturbances associated with natural gas flaring and noise pollution that inevitably comes with heavy truck traffic….” stated in the legislators’ letter to the MDEQ.

Additionally, the Washtenaw County Board of Commissioner, the Scio Township Board of Trustees, and the Ann Arbor City Council all passed official resolutions opposing the drilling.

“It’s completely unacceptable that the written concerns of township officials, country officials, city officials, state-level officials, and ordinary citizens are irrelevant to decisions made in allowing oil and gas development, and that evidence and documentation of harm by oil and gas industry are ignored during the permitting process,” said Robinson.

COFBY filed suit not only to prevent Scio Township’s “very first oil well from pumping its first drop,” but also to “require MDEQ to meaningfully follow its own rules and comply with Michigan environmental law.”

Specifically, COFBY argues and alleges that:

“MDEQ should follow the law under the Michigan Environmental Protection Act regarding cumulative environmental impacts before making such decision.”

“MDEQ failed to follow their own rules meaningfully to protect homeowners and property owners’ heath, peace and quite, recreational opportunities, and property values.”

“The public should be meaningfully, not superficially, in such MDEQ decisions.”

A Local Scientist’s Perspective

Local scientist Roger Rayle, best known for over twenty years of acclaimed work monitoring and analyzing the Pall/Gelman 1,4-dioxane contamination. He is also now concerned with the oil drilling in Scio Township.

“As a concerned citizen and volunteer watching over the Pall/Gelman 1,4-dioxane groundwater contamination for almost 21 years…and being about two-thirds water like every other human, I’m concerned about the long term safety of our water supplies,” said Rayle.

One of the issues at the forefront of oil-drilling for Rayle, and many Scio and Ann Arbor residents, is the communication by the MDEQ and West Bay Drilling Company.

“Exactly how will the DEQ monitor the operation with regard to the company’s statement ‘We don’t expect there to be impacts to the air, water, land or public safety as a result of this well?’ …better than they have with the Pall/Gelman site?”

Rayle is also concerned with whether or not West Bay Drilling Company will provide bonds to compensate for damages “if things go wrong,” stated Rayle.

Storage and disposal of drilling production wastes can contaminate both well and, potentially, city-water. Groundwater contamination did, and may do further damage, in the Pall Gelman case. And it is similarly possible in oil drilling.

Gelman Sciences created a plume of the suspected carcinogen 1,4 dioxane that is currently one mile wide and three miles long that has poisoned well water in Scio Township. The plume currently threatens Ann Arbor’s main water supply.

In addition to the well water and city water being contaminated by the plume, the water being pumped and cleaned by Gelman does not have sufficiently low 1,4 dioxane levels. That water is being dumped back into Honey Creek.

Oil development and drilling will also add air and soil pollutants, emitted both the exploration and drilling process.

For instance, Rayle points to the fact that much water is needed to drill a well. Furthermore, he says, there is wastewater involved in the process, and the disposal of that water is an environmental concern. Therefore, groundwater contamination is at the forefront of concerns about the drilling, particularly when the drilling is only about a mile from the water supply.

On average, hundreds of thousands gallons of municipal water could be used for drilling and hydraulically fracturing a vertical well, for instance. Multiply that by the number of wells dug, and the process could involve millions of gallons of potable water.

Rayle pointed to a report which reveals that hundreds of complaints were made about water contamination from oil or gas drilling, as well as  general pollution complaints.

The report gathered drilling-related complaints in Pennsylvania, Ohio, West Virginia, and Texas and found major discrepancies between what companies stated and what a number of complaints alleged.

Corporate Public Relations

Patrick Gibson is the Vice President of West Bay Drilling company, and has worked there for five years. Gibson maintains that his company’s record is exemplary.

“West Bay has a fantastic safety record,” said Gibson. “The Department of Environmental quality regulates our industry and our record can easily be verified through their department.”

According to Gibson, most of the complaints are usually related to the start of the drilling process.

“Most complaints that we receive are in the pre-drilling phase,” explained Gibson. “As in Washtenaw County, landowners are unfamiliar with our process and assume it to be noisy, smelly, and lots of traffic.  Once they see how limited our foot print and activity are, we receive very few complaints.”

Gibson did admit, however, to West Bay being embroiled in lawsuits.

“As with any business of our size we occasionally find ourselves in lawsuits with other companies or individuals,” explained Gibson. “We have never been to court with one of our landowners or for an environmental issue.”

Gibson alleged there are positive aspects to drilling.

“There is a very positive economic impact on the community in a successful well,” argued Gibson. “The landowners involved receive royalty from the well and this money generally stays in the community and in local businesses. The Township will also collect personal property tax on our equipment.”

Gibson is also confident that there will be no groundwater contamination.

“The casing program required by the DEQ protects the ground water aquifer,” explained Gibson. “The current regulations have been in place for 30-plus years, and there has not been one case of ground water contamination. Over that same time period, thousands of wells have been drilled across the State (of Michigan). This is one of the most stringent regulations in the country.”

Gibson states that most people will not even know that drilling is occurring.

“Oil drilling in Southeast Michigan in urbanized areas is not new,” explained Gibson. “West Bay has been drilling in the Metro Detroit area for almost 30 years and are experts on fitting our activity into populated areas with little impact. In communities where we have produced wells for 15-20 years the vast majority of residents have no idea there are wells in their town.”

MDEQ Responds

The Ann Arbor Independent contacted the DEQ to inquire about West Bay’s safety record. The DEQ generally backed up what Gibson maintained.

“West Bay has had no site violations,” stated Brad Wurfel, Communications Director of the DEQ since January 2011. “There have been a handful of odor complaints at various sites, and they were addressed quickly.”

Wurfel also explained the reasoning for approving West Bay’s drilling permit.

“The permit for West Bay Exploration in Scio Township was approved after careful consideration,” said Wurfel. “It allows oil exploration and potential development, which is a legal, approvable and fairly common activity in Michigan. The permit application met or exceeded every statutory and regulatory requirement under Michigan law.”

According to Wurfel, the fact that the drilling is only one mile from Huron River did not pose any threat.

“The site’s proximity to surface waters of the Huron River do not pose any elevated risk,” he said.

When specifically asked about water use and back-flow water, Wurfel said that was not a concern in this case.

“You are asking about hydraulic fracturing, which is not expected to be employed at the Scio Township well,” stated Wurfel.

However, this process was not entirely and definitively ruled out.

“Fracturing is a common well-completion technique, used mostly in Michigan on natural gas wells. The Scio Township site is part of an oil-bearing formation about 5000 feet deep,” explained Wurfel. “This formation has been drilled more than 200 times over the past four years in counties around Southern Michigan. Because of the nature of the geology of this formation, the wells have not required fracturing and we do not expect it to be used here.”

Wurfel stated the record of these types of wells in general has been stellar.

Wurfel was also asked why the DEQ did not respect the wishes of multiple local and state lawmakers who urged that the drilling-permit be denied.

“The question signals a slanted perspective,” said Wurfel. “Someone else might ask, ‘Why did the local government not respect the permitting mandate of the state DEQ?’ A third slanted perspective might inquire, ‘Why did the local government not respect the statutorily protected private property rights of the residents who signed leases for their mineral rights?’”

Yet, he did want to give some reasoning initially given to the DEQ regarding the permit approval.

“I would like to reiterate a factual statement we made in our response to our state legislators: The track record for wells permitted and drilled in the ‘modern era’ of regulations in Michigan (i.e., since the late 1980s) is excellent,” according to Wurfel. “There is not a single instance of contamination of a drinking water well or surface water body for any of the more than 14,000 wells permitted and drilled in that time frame.”

Beyond Propaganda, Pure Science and Math Facts

Laura Robinson, President of COFBY, alleges that West Bay has not fully disclosed to the public exactly when they will begin drilling.

“West Bay has not told the public when they intend to conduct the work,” said Robinson. “West Bay has provided MDEQ with the required five days’ notice that they must provide before drilling, and they’ve publicly stated that they’d like to get started quickly.”

Robinson stated that MDEQ is, perhaps most importantly, not fully addressing the health and safety concerns of clear scientific data.

For instance, Christopher Grobbel, Ph.D. and President of Grobbel Environmental and Planning Associates stated in an affidavit, as part of the original complaint against West Bay and MDEQ, that he personally and extensively studied the environmental consequences of the drilling. Grobbel has 20 years of experience as a environmental scientist.

Based on previous reports by Gibson stating that West Bay plans to drill as many as 10 additional wells in Scio Township, Grobbel described how each well will require: “…infrastructure including waste gas flares, pipelines, above-ground storage tank batteries, loading and unloading facilities, access roads, electric service, lighting, off-site liquid waters disposal, etc. A Scio Township oil field, such as planned by West Bay, will require also central processing facilities (CPFs), central tank batteries (CTBs), collector pipelines, flares and off-site deep injection well for liquid wasters—especially hydrocarbon contaminated brine….”

Grobbel also stated that there are about 18,000 oil and gas wells currently operating in Michigan. In 1995, the MDEQ, OOGM discontinued maintaining a publicly available list of oil and gas contamination sites. Grobbel added that there is currently no comprehensive publicly available list of oil and gas contamination sites in Michigan, and:

“….information on oil and gas contamination sites can only be gleaned through the exhaustive review individual well files pursuant to the Freedom of Information Act (FOIA).”

Grobbel received a list of oil and gas contaminated sties through FOIA from the MDEQ on May 7, 2014.

As of May 7, 2014, according to Grobbel’s investigation, West Bay Exploration was responsible for 29.4 percent of the hazardous material spills (i.e., 10 of 34 spills) reported to the MDEQ district covering Calhoun, Clinton, Eaton, Genesee, Gratiot, Ingham, Lapeer, Lenawee, Livingston, Shiawassee and Washtenaw Counties.

Grobbel added that West Bay Exploration’s hydrocarbon development at 11 of 16 wells/associated facilities in the Albion Scipio Field in Calhoun County, Michigan:

“….has resulted in the emission of significant, excessive, and obnoxious hydrocarbon odors; significant, excessive, obnoxious and nuisance noise; soil staining and contaminations; continual ‘waste’ natural gas flaring; scattered debris on-site; off-well pad soil erosion; heavy truck traffic and/or significant road damage—many in close proximity to people’s homes, rivers/drains, wetlands and other sensitive receptors and resources.”

Also, according to Grobbel, West Bay Exploration’s operations in the Albion Scipio field in Jackson County resulted in the February 3, 2013 spillage of up to 840 gallons of brine at its Norvell 22 Central Tank Battery (CTB) facility. The spill was reportedly due to a tanker driver’s failure to close a valve, and required the remediation of 240 cubic yards of soil (40 tons of soil). There were similar complaints from West Bay operations in adjacent Jackson Count.

Furthermore, Grobbel noted that an explosion occurred on June 12, 2013 at West Bay’s 1-13 HD1 well in Leoni Township, Jackson County, severely burning a driver who had backed a trailer into a pipe on the well pad.

Also according to Grobbel, “no online or readily available list of oil and gas contamination sites exists in Michigan, and empirical study of such sites is minimal.”

Grobbel pointed out that a 2001 Alliance for the Great Lakes study of known Michigan oil and gas contamination sites found that:

• 25 percent of sites has resulted in the contamination of drinking water supplies.
• 61 percent had not studied the potential for groundwater impact from hazardous materials resulting from oil and gas sites.
• 21 percent of known oil and gas contamination sites had fallen into “no action” status.
• 2 percent had been cleaned up (i.e. most with minor soil contamination only)
• oil and gas contamination sites average 13 years before interim responses, such as pugging leaking wells, took place.
• no (0 percent) sites with groundwater contamination, some known for as much as 35 years, had been fully remediated.

Grobbel’s report also implied historic negligence by the MDEQ, including the fact that officials did not inspect with proper frequency, as well as improper enforcement.

Such poisoning of air, soil, and water is potentially deadly. Much of the air, soil, and water pollution described in the 2001 report is unsafe and health-threatening.

Radioactive wastes from oil and gas drilling include contaminated water, drilling mud, sludge, slimes, or evaporated ponds, creeks and pits. Radionuclides in these wastes are mostly radium-226, radium-228, and radon gas. Radon is emitted in the air, while resultant water and radium mud are placed in ponds, creeks, and/or pits for evaporation, re-use, or recovery.

According to information from the Centers for Disease Control and Prevention, “exposure to higher levels of radium over a long period can lead to death and other severe health problems. High levels of radium can cause cancer (especially bone cancer), anemia, a problem with the blood; fractured teeth and cavities, and growths in the eyes called cataracts. Some of these health problems take years to develop. Most are due to gamma radiation, which can travel a long way through the air. Just being near high levels of radium is dangerous.

“Radium is a known cancer-causing substance. Exposure to high levels of radium can lead to higher chances of bone, liver and breast cancer.”