To create a crack big enough to reach from the Barnett Shale, more than a mile below the surface, to Lipsky's 200-foot-deep well would take hundreds of thousands, if not millions, of barrels of fracking fluid, Halliburton director Norman Warpinksi testified at the hearing.
Petroleum engineer John McBeath said integrity tests of the casing and cement lining in Range's wells, designed to keep fracking fluid and gas from the aquifer, proved there were no leaks. McBeath said he believed Lipsky's problem was natural. After all, he added, a well drilled at around the same time as Lipsky's, some 900 feet away, hit gas immediately.
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Even before that, a nearby public water system, Lake Country Acres, had signs on its water storage tanks that read "No Open Flame," dating to around 1995. Both produced gas years before Range drilled either of its wells.
At least one neighbor's water well had been drilled so deeply that it penetrated a natural gas-bearing formation called the Strawn. This well, he testified, was a more likely conduit for the gas in Lipsky's well.
Dr. Charles Kreitler, a hydrogeologist, speculated that depletion of the aquifer to keep the lavish landscaping alive in the Silverado development could be pulling water and gas from the Strawn formation directly beneath it.
The testimony from Mark McCaffrey, the MIT-educated petroleum geochemist with Weatherford Laboratories, was the coup de grace Range sought. McCaffrey believed that the gas in Lipsky's well was from the Strawn, not from the deeper Barnett Shale formations Range tapped. Lipsky's, his neighbors' and Range's gas all had one thing in common: They were thermogenic, created during the breakdown of organic matter by subsurface heat. But Lipsky's gas had higher nitrogen levels than Barnett Shale gas and was nearly identical to Strawn gas.
Based on the timing of Lipsky's water problems and the thermogenic nature of the gas in his well, the EPA assumed they must have been the same. "This would be like using wings to separate birds from bats," he said.
If gas from deep within the Barnett Shale was leaking up through Range's wells and into the aquifer, McCaffrey said he would have expected to find it in a port at the top of Range's well. There was indeed gas pressure there, but McCaffrey said gas fingerprinting proved it was merely shallow gas "weeping" into the uncemented portion of Range's well.
Mother Nature, McCaffrey assured the commissioners, was caught red-handed. In an intra-agency e-mail, even EPA's own geochemist had warned that gas-bearing formations other than the Barnett Shale needed to be ruled out before the agency fingered Range.
McCaffrey might have been surprised to learn that Lipsky's expert, former Railroad Commission examiner Richter, agreed that Range production gas from the Barnett Shale was not the source of the contaminated water, but that's beside the point, he contends.
The commissioners ignored the fact that from roughly 400 feet below the surface to more than 4,000 feet, Range's well was uncemented, exposed to thousands of feet of gas-bearing earth above the shale. Somehow, Richter believed, that gas had seeped up Range's well and ultimately into Lipsky's water.
Under questioning by commission examiners, McCaffrey admitted that he hadn't considered that possibility. He also conceded that the gas sample the EPA collected from Lipsky's well was so similar to Range's that it was all but impossible to separate them.
Why, Richter asked, were other gas wells in the area cemented up to 600 feet deep? Why had nearby abandoned wells been plugged to a depth of 1,000 feet? What were they trying to keep out of these wells? It was the shallow gas, he surmised.
He pointed to the testimony of Larry Peck, the man who drilled Lipsky's well. Said Peck, "I might add that there wasn't any gas in [Lipsky's] well at the time I drilled it."
Testimony before the Railroad Commission also seemed to ignore the presence of unacceptable levels of benzene in Lipsky's water. Rob Jackson, a Duke University researcher and professor of biogeochemisty, says that benzene is naturally occurring, particularly in aquifers near gas-bearing formations, but when it's detected above safe limits that's a "red flag" something is wrong.
In an interview, Range's attorney brushed off the presence of the cancer-causing compound, noting that in other samples, benzene was found slightly below hazardous levels.
"It's really speculation about where some of those kinds of things come from," says attorney Andy Sims. "But there is a natural explanation."
As for Richter's explanation, Sims characterized it as ridiculously byzantine. "Mind you, the well is cemented down to 400 feet," he began. Gas seeping into Range's wells would "have to migrate through the cement and take a right-hand turn and create pressure in the Strawn that would somehow push back half a mile to get into the Lipskys' water well."
But Lipsky's experts were equally doubtful of the commission's conclusions. They were rushed, Richter testified in a later deposition, especially for a case of this complexity and importance. Yet the proposal for decision was entered less than a month after the case record was closed. "I have never seen a two-day hearing with this many exhibits to where a proposal for decision was issued so expeditiously," he said. The hearing, Richter believed, was designed to send a message to the EPA. "In the 20 years that I've stood at that podium and presented cases to the commissioners, I can recognize when they're political. ... I think they were trying to make a statement: EPA, go home."