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[DEFEATED] Fracking Protocol

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[DEFEATED] Fracking Protocol

Postby Aligned Planets » Tue Jan 14, 2014 11:09 am

Ongoing news in the UK over fracking, with Prime Minister David Cameron weighing in. A quick search of the forums showed that, apart from an attempt two and a half years ago to place a moratorium on hydraulic fracturing, there hasn't been a real push on this. I'm somewhat of a NatSov'ist in the WA and always prefer international legislation where power is left devolved to national governments; I hope this proposal is neither too restrictive in its approach to the shale gas industry nor to remiss in its attempt to provide a minimum baseline of expectations for said industry.. within a national government setting rather than a World Assembly sub-committee setting.

I also really wanted to work in a "All this has happened before, and all of it will happen again" reference. But couldn't figure out how.

Thoughts, etc welcome.

Eighth Draft

Fracking Protocol
A resolution to increase the quality of the world's environment, at the expense of industry.

CATEGORY: Environmental
INDUSTRY AFFECTED: All Businesses
PROPOSED BY: Aligned Planets

DESCRIPTION

The General Assembly,

DEFINING hydraulic fracturing, “fracking”, as the process of creating fractures in rock formations to extract sources of energy;

AWARE fracking may lead to increased risk to resident populations and the environment, including from groundwater contamination and induced seismic activity, at operational sites;

REQUIRING member states to mitigate associated risks to protect resident populations and the environment;

HEREBY:

MANDATES member states enact legislation requiring, where appropriate, operators of fracking sites to:
  • adopt industrial best practices and optimal safety standards;
  • monitor background seismic activity for induced seismic events, and take necessary action to mitigate risks;
  • minimise site contamination, including from accidental spills and flowback wastewater discharge, and to treat and prevent any further spread of contamination;
  • compensate displaced resident populations prior to relocation and restore local environments upon cessation of operations;
  • liaise with relevant WA agencies to ensure compliance under this mandate;

RECOMMENDS member states hypothecate a proportion of fracking revenues to enhance and promote local environments once operations have ceased, and to develop local education and employment opportunities.

The Fracking Protocol explicitly ensures NatSov control over fracking whilst requiring member states to enact legislation providing for minimum operational standards.
There is no micro-management of national industry.
If your nation does not use shale gas then you obviously are not affected by this legislation.

b]Fracking Protocol[/b]
A resolution to increase the quality of the world's environment, at the expense of industry.

CATEGORY: Environmental
INDUSTRY AFFECTED: All Businesses
PROPOSED BY: Aligned Planets

DESCRIPTION

The General Assembly,

DEFINING hydraulic fracturing, “fracking”, as the process of creating fractures in rock formations to extract sources of energy;

AWARE fracking may lead to increased risk to resident populations and the environment, including from groundwater contamination and induced seismic activity, at operational sites;

WANTING to provide member nations with legislative requirements to mitigate associated risk and to protect resident populations and the environment;

HEREBY:

MANDATES member states enact legislation requiring, where appropriate, operators of fracking sites to:
  • adopt industrial best practices and optimal safety standards;
  • monitor background seismic activity for induced seismic events;
  • minimise site contamination, including from accidental spills and flowback wastewater discharge, and to treat and prevent any further spread of contamination;
  • appropriately restore local environments and compensate displaced resident populations once operations have ceased;
  • liaise with relevant WA agencies to ensure compliance under this mandate;

RECOMMENDS member states hypothecate a proportion of fracking revenue to enhance and promote local environments once operations have ceased, and to develop local education and employment opportunities.
Hydraulic Fracturing Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental
Industry Affected: All Businesses
Proposed by: Aligned Planets

Description

The General Assembly,

DEFINING hydraulic fracturing, or “fracking”, as the process of creating fractures in rock formations to extract sources of energy;

AWARE that fracking has the potential to increase the risk of hazards to the environment and to resident populations;

CONCERNED over the risks arising from fracking-related hazards to the environment and to resident populations, and wanting to provide a standard international operational framework for the industry;

HEREBY:

MANDATES member states enact legislation requiring, where appropriate, operators of fracking sites to:
  • adopt industrial best practices and optimal safety standards;
  • monitor background seismic activity for induced seismic events;
  • minimise site contamination, including from accidental spills and flowback wastewater discharge, and to treat and prevent the further spread of contamination if such is discovered;
  • restore appropriately local environments once operations have ceased and to appropriately compensate displaced resident peoples;
  • liaise with relevant WA agencies to ensure compliance under this mandate;

RECOMMENDS that member states hypothecate a proportion of fracking revenue to aid in restoring and enhancing local environments once site operations have ceased, and to provide for community development funds with an emphasis on enhancing local education and employment opportunities;

PROVIDES that nothing in this Resolution shall be construed to limit the rights of member states to further regulate their hydraulic fracturing industry.
Hydraulic Fracturing Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental
Industry Affected: All Businesses
Proposed by: Aligned Planets

Description

The General Assembly,

DEFINING:
  • hydraulic fracturing, or “fracking”, as a mechanical process that injects pressurised fluids, proppants and other materials into rock to extract sources of energy;

AWARE that fracking can increase the risk of hazards to the environment and to resident local populations;

HEREBY:

MANDATES member states enact legislation requiring operators of fracking sites to:
  • provide detailed fracking operational proposals for approval through appropriate national oversight frameworks, ensuring adoption of industrial best practices and optimal safety standards;
  • monitor background seismicity events at all times at operational fracking sites with these subject to a three-tiered system of "stop, caution, and go" so that operations can be quickly paused and data reviewed if unusual levels of seismic activity are observed;
  • ensure that site contamination is kept to within regulated levels and to take all possible measures to treat and prevent the further spread of contamination if such is discovered;
  • take all remedial and preventative actions appropriate to restore local environments once fracking operations have terminated and to appropriately compensate displaced local peoples;

FURTHER REQUIRES member states liaise with the:
  • International Bureau of Water Safety (IBWS) and Joint Water Resources Management Panel (JWRMP):
    - to protect sub-national water resources from contamination at fracking sites;
  • Nuclear Energy Safety Commission (NESC):
    - to assess fracking sites for any issues relating to waste product disposal, radiation containment and structural integrity;
  • Protection of Animal Welfare Society (PAWS) and World Assembly Endangered Species Committee (WAESC):
    - to survey and protect indigenous flora and fauna at fracking sites;
  • World Assembly Disaster Bureau (WADB):
    - to develop emergency contingency response plans in preparation for possible fracking disasters;

RECOMMENDS that:
  • the remedial action level for the three-tiered system (that is, the "stop line") be set at far below a perceptible surface event, but larger than the expected level generated by the fracturing of the rock;
  • as the experience of applying this type of control to fracking operations develops, member states may adjust the trigger levels (the "stop line") provided that any adjustments are not at the expense of compromising the effectiveness of the controls;
  • a proportion of annual revenues generated through fracking be hypothecated for the purposes of restoring and enhancing local environments once fracking operations at a site have ceased, and providing for community development funds with an emphasis on enhancing local education and employment opportunities;

PROVIDES that nothing in this Resolution shall be construed to limit the rights of member states to further regulate their hydraulic fracturing industry.
Shale Gas Act
A resolution to reduce income inequality and increase basic welfare.

Category: Social Justice
Strength: Mild
Proposed by: Aligned Planets

Description

The General Assembly,

DEFINING:
  • shale as finely stratified sedimentary rock that can be split easily;
  • shale gas as natural gas found in shale rock;
  • hydraulic fracturing, or “fracking”, as a process that injects pressurised fluids, proppants and other materials into shale rock to extract shale gas;

AWARE that fracking operations can increase risk of hazards to the environment and to resident populations;

HEREBY:

REQUIRES member nations to enact legislation ensuring operators of fracking sites:
  • submit detailed fracking plans for approval to their national government and adopt industrial best practices to ensure safety and efficiency;
  • monitor background seismicity prior to, throughout, and after operations with these subject to a three-tiered safety system of "stop, caution, and go" so that operations can be quickly paused and data reviewed if unusual levels of seismic activity are observed;
  • take all remedial environmental actions appropriate to restore local landscapes once fracking operations have terminated and to appropriately compensate displaced peoples;
  • ensure that site contamination is kept to within regulated levels and take all possible measures to treat and prevent the further spread of contamination if such is discovered;

AUTHORISES the following World Assembly bodies to assist national governments through the:
  • International Bureau of Water Safety (IBWS) and Joint Water Resources Management Panel (JWRMP):
    - extending both mandates to include establishing such protocols necessary to protect sub-national water resources from contamination at fracking sites;
  • Nuclear Energy Safety Commission (NESC):
    - assessing fracking sites for any issues relating to waste product disposal, radiation containment and structural integrity;
  • Protection of Animal Welfare Society (PAWS) and World Assembly Endangered Species Committee (WAESC):
    - surveying and protecting indigenous flora and fauna at fracking sites;
  • World Assembly Disaster Bureau (WADB):
    - recommending to national governments to suspend / not commence fracking operations;
    - developing response plans for possible fracking disasters;
    - researching techniques to better detect disasters and reduce danger of associated hazards;

RECOMMENDS that:
  • the remedial action level for the tiered safety system (that is, the "stop line") be set at far below a perceptible surface event, but larger than the expected level generated by the fracturing of the rock;
  • as the experience of applying this type of control to fracking operations develops, member nations may adjust the trigger levels (the "stop line") provided that any adjustments are not at the expense of compromising the effectiveness of the controls;

PROVIDES that nothing in this Resolution shall be construed to limit the rights of member nations to enact laws relating to the further regulation of their national shale gas industry.
Shale Gas Act
A resolution to develop industry around the world.

Category: Advancement of Industry
Area of Effect: Environmental Deregulation
Proposed by: Aligned Planets

Description

The General Assembly,

DEFINING:
  • shale as finely stratified sedimentary rock formed from consolidated silts or clay that can be split easily into thin parallel layering;
  • shale gas as natural gas (predominantly methane) found in shale rock;
  • hydraulic fracturing, or “fracking”, as a process that injects pressurised fluids, proppants and other materials into shale rock to create narrow fractures to allow shale gas to flow and be captured;
  • tight oil as light crude oil contained within shale rock extracted through the fracking process not covered under this resolution;
  • tight gas as natural gas produced from reservoir shale rock not covered under this resolution;

RECOGNIZING that the authority to create national energy policy resides with national governments of member nations and that shale gas exploitation will constitute differing proportions of member nations' energy policies with shale gas not utilised and / or existent in some member nations;

AWARE that fracking operations can be hazardous to the environment and to resident populations through increased risk of seismic activity, contamination of aquifers, atmospheric deterioration and other associated risk factors;

HEREBY:

REQUIRES that operators of fracking sites within member nations:
  • ensure that potential site identifications are made in line with national legislation;
  • submit detailed fracking plans (including but not limited to location, duration, risk factors, affected peoples and landscapes, projected costs and returns, support requirements) for approval to their national government;
  • adopt industrial best practices to ensure safety and efficiency, liaising with relevant World Assembly bodies on issues where appropriate;
  • review the available information on seismic faults in the area of a proposed site to minimise the risk of activating any fault by fracking;
  • monitor background seismicity before operations commence with real time seismic monitoring continuing during and for 24 hours after operations, with these subject to a “traffic-light” regime, so that operations can be quickly paused and data reviewed if unusual levels of seismic activity are observed;
  • take all necessary steps to make remedial environmental actions to restore the local landscape once fracking operations at a site have terminated and to appropriately compensate displaced peoples who are required to relocate away from a site appropriated for fracking purposes;
  • ensure that site contamination by injected fluid leakage, concentrations of radioactive isotopes and other contaminants is kept to within regulated levels and take all possible measures to treat and prevent the further spread of contamination if such is discovered;

AUTHORISES the following World Assembly bodies to assist national governments of member nations with:
  • Joint Water Resources Management Panel (JWRMP):
    - establishing such protocols necessary to protect aquifers from contamination at potential and operational fracking sites;
  • Nuclear Energy Safety Commission (NESC):
    - assessing potential and operational fracking sites for any issues relating to waste product disposal, radiation containment and structural integrity;
    - surveying and protecting indigenous flora and fauna at potential and operational fracking sites, in coordination with the Protection of Animal Welfare Society (PAWS);
    - recommending to national governments to suspend / not commence fracking operations at a particular site;
  • World Assembly Disaster Bureau (WADB):
    - developing response plans for reasonable possible fracking disasters, most likely aquifer contamination or earthquake hazard;
    - researching techniques to better detect disasters, new technologies and structural improvements to reduce danger of hazards;

RECOMMENDS that:
  • the remedial action level for the traffic-light system (that is, the "red light") be set at far below a perceptible surface event, but larger than the expected level generated by the fracturing of the rock, as an appropriately precautionary approach for the purposes of fracking operations for shale gas;
  • as the experience of applying this type of control to fracking operations develops, member nations may adjust the trigger levels (the "red light") provided that any adjustments are not at the expense of compromising the effectiveness of the controls;
  • consultations for future fracking sites be undertaken with interested parties within member nations to ensure that other kinds of disturbance such as traffic, lights and noise will be kept under control;
  • member nations work towards internationally-approved standards of air and water quality, enacting legislation where appropriate;

PROVIDES that nothing in this Resolution shall be construed to limit the rights of member nations to enact laws relating to the further regulation of their national shale gas industry.
Shale Gas Act
A resolution to develop industry around the world.

Category: Advancement of Industry
Area of Effect: Environmental Deregulation
Proposed by: Aligned Planets

Description

The General Assembly,

DEFINING shale as soft finely stratified sedimentary rock formed from consolidated silts or clay that can be split easily into thin parallel layering;

DEFINING shale gas as a natural gas (predominantly methane) found in shale rock;

DEFINING hydraulic fracturing, or “fracking”, as a technique that uses fluids, proppants and other materials, pumped at high pressure, into shale rock to create narrow fractures to allow shale gas to flow and be captured;

RECOGNIZING that the exploitation of shale rock hydrocarbons may constitute a proportion of one member nation's energy policy whilst may not be utilised or existent in another;

FURTHER RECOGNIZING that power to create national energy policy resides with national governments of member nations;

AWARE that the process of fracking can lead to increased seismic activity above the normal background level;

CONCERNED in regards to the threat of damage to property and loss of life due to earthquakes caused as a result of fracking operations in member nations;

HEREBY:

CREATES the World Assembly Panel on Fracking (WAPF) to:
  • review and advise on proposed fracks within member nations;
  • provide WAPF technicians, engineers and other support personnel to assist with the development of fracking within member nations;
  • assist in disaster-relief / clean-up after a fracking-related incident;
  • provide independent experts to assist operators on site if requested;
  • share best practice information with operators across member nations;
  • recommend to national governments to suspend / not commence fracking operations at a particular site;

REQUIRES that operators of fracking sites within member nations:
  • ensure that potential site identifications are made in line with national legislation;
  • submit a detailed fracking plan (including but not limited to location, duration, risk factors, affected peoples and landscapes, projected costs and returns, support requirements) for approval to the national government of the relevant member nation;
  • also submit the aforementioned fracking plan to WAPF for review, comment and advice for the first five operations by each operator within a member nation;
  • adopt industrial best practices to ensure safety;
  • review the available information on seismic faults in the area of a proposed site to minimise the risk of activating any fault by fracking;
  • monitor background seismicity before operations commence with real time seismic monitoring continuing during and for 24 hours after operations, with these subject to a “traffic-light” regime, so that operations can be quickly paused and data reviewed if unusual levels of seismic activity is observed;
  • take all necessary steps to make remedial environmental actions to restore the local landscape once fracking at a site has terminated;
  • appropriately compensate displaced peoples who are required to relocate away from a site appropriated for fracking purposes;
  • ensure that no significant contamination of aquifers or soil has occurred and take all possible measures to treat and prevent the further spread of contamination if such is discovered;

RECOMMENDS that:
  • the remedial action level for the traffic-light system (that is, the "red light") be set at far below a perceptible surface event, but larger than the expected level generated by the fracturing of the rock, as an appropriately precautionary approach for the purposes of fracking operations for shale gas;
  • as the experience of member nations in applying this type of control to fracking operations develops, it may well prove to be the case that it can be confirmed that trigger levels (the "red light") can be adjusted upwards without compromising the effectiveness of the controls;
  • for the first five operations by each operator at each approved site, national governments of member nations have an independent expert from WAPF on site to observe the operator's conformance to the requirements of this resolution and to national government standards further relating to fracking;
  • consultations for future fracking sites be undertaken with interested parties within member nations to ensure that other kinds of disturbance such as traffic, lights and noise will be kept under control;
  • member nations work towards internationally-approved standards of air and water quality, enacting legislation where appropriate;

PROVIDES that nothing in this Resolution shall be construed to limit the rights of member nations to enact laws relating to the further regulation of their national shale gas industry.
Shale Gas Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental
Industry Affected: All businesses
Proposed by: Aligned Planets

Description

The General Assembly,

DEFINING shale as soft finely stratified sedimentary rock formed from consolidated silts or clay that can be split easily into thin parallel layering;

DEFINING shale gas as a natural gas (predominantly methane) found in shale rock;

DEFINING hydraulic fracturing, or “fracking”, as a technique that uses water, pumped at high pressure, into shale rock to create narrow fractures to allow shale gas to flow and be captured;

RECOGNIZING that the exploitation of shale rock hydrocarbons may constitute a proportion of one member nation's energy policy whilst may not be utilised or existent in another;

FURTHER RECOGNIZING that power to create national energy policy resides with national governments of member nations;

AWARE that the process of fracking can lead to increased seismic activity above the normal background level;

CONCERNED in regards to the threat of damage to property and loss of life due to earthquakes caused as a result of fracking operations in member nations;

HEREBY:

REQUIRES that operators of fracking sites within member nations:
  • submit a progressive fracking plan for approval to the national government of the relevant member nation;
  • review the available information on seismic faults in the area of a proposed site to minimise the risk of activating any fault by fracking;
  • monitor background seismicity before operations commence with real time seismic monitoring continuing during and for 24 hours after operations, with these subject to a “traffic-light” regime, so that operations can be quickly paused and data reviewed if unusual levels of seismic activity is observed;
  • take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;
  • monitor the growth and spread of the frac away from the borehole to ensure the actual fracture is conforming to its design, remains contained, and far away from any aquifers;

RECOMMENDS that:
  • the remedial action level for the traffic light system (that is, the "red light") be set at far below a perceptible surface event, but larger than the expected level generated by the fracturing of the rock, as an appropriately precautionary approach for the purposes of fracking operations for shale gas;
  • for the first few operations, national governments of member nations have an independent expert on site to observe the operator's conformance to the requirements of this resolution and to national government standards further relating to fracking;
  • consultations for future fracking sites be undertaken with interested parties within member nations to ensure that other kinds of disturbance such as traffic, lights and noise will be kept under control.
[/list]
Last edited by Ardchoille on Fri Feb 14, 2014 5:28 am, edited 14 times in total.
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Abacathea
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Postby Abacathea » Tue Jan 14, 2014 11:55 am

It reads well at a cursory glance. However I fail to see at this point how it's applicable to all industries. Could the author correct me if I'm wrong? Else this will need to be edited to suit the category. A frustrating game mechanic but a binding one nonetheless.
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Postby Aligned Planets » Tue Jan 14, 2014 12:36 pm

Abacathea wrote:It reads well at a cursory glance.

Many thanks.

Abacathea wrote:However I fail to see at this point how it's applicable to all industries. Could the author correct me if I'm wrong? Else this will need to be edited to suit the category. A frustrating game mechanic but a binding one nonetheless.

This is my ongoing frustration. I had written the draft initially from the point of view of Advancement of Industry (Environmental Deregulation) but came to think that category unworkable with the aims of the actual resolution; I changed it accordingly to its current category of All Businesses with the uneasy feeling that it was a very specific industry (shale rock hydrocarbons) and yet incompatible with the three direct options in that band.

It could be argued, perhaps tenuously, that the resolution is in fact an Advancement of Industry through the aforementioned Environmental Deregulation subcategory by the virtue that it would confirm national sovereignty over the area of hydraulic fracturing, within suggested provisoes, rather than creating a regulatory framework within the WA. I'm happy to argue that it could, but not if prevailing thought would be otherwise.
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Postby Chester Pearson » Tue Jan 14, 2014 12:48 pm

OOC: Do you actually have any knowledge of "Hydraulic Fracturing"? I have 10+ years of experience in the oil and gas industry including fracturing, and I can tell you there are serious technical flaws with both this draft, and most of the articles out there that talk about "FRACING". FRACING rarely uses just high pressure water.... It always involves frac sand, hydrochloric acid, and a number of emulsifiers..... Until the serious technical flaws are worked out with this, I cannot support it....
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Postby Imperializt Russia » Tue Jan 14, 2014 12:51 pm

Better than I was expecting.
I was worrying over an RL-inspired reactionary ban copied from an environmentalist webpage.

How would more advanced technology nations capable of mining for shale gas on methane-rich asteroids or uninhabited planetoids?
Are restrictions relaxed?
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Postby Aligned Planets » Tue Jan 14, 2014 12:55 pm

Chester Pearson wrote:OOC: Do you actually have any knowledge of "Hydraulic Fracturing"? I have 10+ years of experience in the oil and gas industry including fracturing, and I can tell you there are serious technical flaws with both this draft, and most of the articles out there that talk about "FRACING". FRACING rarely uses just high pressure water.... It always involves frac sand, hydrochloric acid, and a number of emulsifiers..... Until the serious technical flaws are worked out with this, I cannot support it....


OOC: I'm not a technical expert like yourself, my knowledge is limited to the brief amount we covered as part of my undergraduate degree, so I would welcome ways that would improve the technical side of the proposal. I tried to minimise the amount of technical language, and explanatory detail, involved to avoid bogging the layreader down in how hydraulic fracturing works rather than what the resolution is aiming to achieve. I had hoped I'd given a bare bones outline of the process without making it overly verbose. As above, any recommendations are gratefully received.

IC: Grateful as we are for the helpful comments by the honourable delegate, we must point out that the purpose of World Assembly resolutions is not to outline technical processes in exacting detail but to provide a broad overview of the risks involved in said processes, and to provide a legislative framework to mitigate those risks. This is the aim of the Shale Gas Act.
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Postby Aligned Planets » Tue Jan 14, 2014 1:01 pm

Imperializt Russia wrote:Better than I was expecting.
I was worrying over an RL-inspired reactionary ban copied from an environmentalist webpage.

Many thanks. No, I'm a NatSov'ist so in favour of leaving control on many things to member nations rather than collectively pooling power in the WA. As a RL-UK resident, and a former geography undergraduate, fracking is of peripheral interest at the moment.

Imperializt Russia wrote:How would more advanced technology nations capable of mining for shale gas on methane-rich asteroids or uninhabited planetoids?
Are restrictions relaxed?

This is something that I had included in my initial thoughts, as part of the traffic light system, that I redacted before posting the proposal. It may well prove to be the case that, as the experience of member nations in applying this type of control to fracking operations develops, it can be confirmed that trigger levels (the "red light") can be adjusted upwards without compromising the effectiveness of the controls. This principle would apply for both terrestrially-limited and advanced-tech / interstellar nations and would be flexible enough to allow for interpretation in circumstances as you suggest.

I would be happy to rework that, or something similar, back into the next draft.
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Postby Montpellier » Tue Jan 14, 2014 1:25 pm

I actually don’t have the needed geographical background concerning the matter, but other than the "Industry Affected" issue, it actually makes for a good resolution.

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Postby Point Breeze » Tue Jan 14, 2014 1:49 pm

I have a couple concerns that prevent me from giving support, namely the category issue, the fact that this may not be an international issue, etc.

The rest is OOC. I'm not sure what the concerns in the UK are, but across the pond, the main obstacles to fracking are concerns over contamination of groundwater. Maybe the circumstances in the UK make the threat from seismic events greater, but it's my understanding that fracking can damage city infrastructures, such as sewer or gas lines with vibration testing (I know that's not the technical name, sorry Chester), and that the chemicals involved in the actual fracking can be hazardous if they enter groundwater.
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Postby Aligned Planets » Tue Jan 14, 2014 2:03 pm

Montpellier wrote:[..]other than the "Industry Affected" issue, it actually makes for a good resolution.

Many thanks - this will hopefully be addressed in the next draft. I anticipate the solution being to argue that affirmation of national sovereignty over shale rock explotation in lieu of excessive WA regulation is indeed Environmental Deregulation / Advancement of Industry. We'll see how that pans out in the ongoing discussion.

Point Breeze wrote:I have a couple concerns that prevent me from giving support, namely the category issue, the fact that this may not be an international issue, etc.

The rest is OOC. I'm not sure what the concerns in the UK are, but across the pond, the main obstacles to fracking are concerns over contamination of groundwater. Maybe the circumstances in the UK make the threat from seismic events greater, but it's my understanding that fracking can damage city infrastructures, such as sewer or gas lines with vibration testing (I know that's not the technical name, sorry Chester), and that the chemicals involved in the actual fracking can be hazardous if they enter groundwater.


IC: I hope that, as suggested above, the re-categorisation to my intended Advancxement of Industry may be tenable. Whether it is an international issue is debatable; certainly not all member nations will be affected by this and many may not even have or exploit shale rock hydrocarbons. However, that has never stopped the WA from legislating on issues before so hopefully it can move forward to help those nations it does impact.

OOC: Protecting groundwater supplies (as for that matter was ensuring high standards of air quality / minimum pollution exposure) was part of the initial draft. Without wanting to build a House of Cards proposal, water quality is covered by an existing resolution (Clean Water Act I believe) whereas air quality is substantive enough of a subject to warrant its own legislation rather than being carried as a riser on this resolution. Water quality is referred to in that aquifers must be maintained - a remnant of the original intent. I hope to address seismic pressures here and leave air quality to a better author than I.
Last edited by Aligned Planets on Tue Jan 14, 2014 2:05 pm, edited 1 time in total.
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Postby Eireann Fae » Tue Jan 14, 2014 3:29 pm

(OOC: As much as it pains me to say it, I agree with Chester [none of my characters would ever admit that :p]. I don't have time to give this draft a proper review at the moment, but the thing that stuck out to me the most was the specification of 'water' in the fracking definition. Even in the US we constantly hear of the potential dangers of the chemicals used with the water. With that definition, a nation could use petroleum, milk, or grapeseed oil laden with dangerous chemicals to do their fracking :-)

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Postby Tea Party USA 2 » Tue Jan 14, 2014 3:39 pm

I think that something that would get gas companies to go above and beyond the mandates is to threaten strict legal action against them if they cause a leak, spill etc. No gas baron wants a 50 percent profit fine or spend years in jail.
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Postby Aligned Planets » Tue Jan 14, 2014 3:42 pm

Eireann Fae wrote:(OOC: As much as it pains me to say it, I agree with Chester [none of my characters would ever admit that :p]. I don't have time to give this draft a proper review at the moment, but the thing that stuck out to me the most was the specification of 'water' in the fracking definition. Even in the US we constantly hear of the potential dangers of the chemicals used with the water. With that definition, a nation could use petroleum, milk, or grapeseed oil laden with dangerous chemicals to do their fracking :-)


Agreed. As I wrote water I felt I may have too narrowly defined an unnecessary specific. I will address this in the redraft shortly. I'd appreciate any further technical input, although there is no immediate rush as I anticipate this proposal going through several further draft stages.
Last edited by Aligned Planets on Tue Jan 14, 2014 3:46 pm, edited 1 time in total.
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Postby Aligned Planets » Tue Jan 14, 2014 3:45 pm

Tea Party USA 2 wrote:Why not simply sanction companies that cause leaks and spills.


I feel this would be too specific to enforce through a WA resolution. There would be many objections from factions that do not agree with the imposition of sanctions upon industry at a federal level by the WA. However, this proposal would not limit the right of any nation to impose such sanctions through national legislature.
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Postby Bananaistan » Tue Jan 14, 2014 3:58 pm

The government of Bananaistan is unconvinced that international legislation is required in this area but it is very possible that we could be conivinced by arguments made in this thread. Nonetheless, we would make the following observations regarding the operative clause of the above resolution.

Aligned Planets wrote:submit a progressive fracking plan for approval to the national government of the relevant member nation;

What exactly is a "progressive fracking plan"? Should it be defined within the resolution?

review the available information on seismic faults in the area of a proposed site to minimise the risk of activating any fault by fracking;

Seems fair enough.

monitor background seismicity before operations commence with real time seismic monitoring continuing during and for 24 hours after operations, with these subject to a “traffic-light” regime, so that operations can be quickly paused and data reviewed if unusual levels of seismic activity is observed;

Seems fair enough. The "traffic-light" regime would bring a useful international standard to the industry for multinational operators.

take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;

More cautious and small volumes seem rather open ended. Could a specific standard be specified in both cases?

monitor the growth and spread of the frac away from the borehole to ensure the actual fracture is conforming to its design, remains contained, and far away from any aquifers;


Far away also seems rather open ended.

We'd also note that in the recommendations, there is reference to the "first few operations". Should the exact number be specified? Also, does this refer to the first few operations by a particular operator, at a particular site, or within a nation?
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Postby Aligned Planets » Tue Jan 14, 2014 6:13 pm

There are some excellent ideas here; I'll work up a redraft tomorrow morning (OOC: 01:13 GMT here) and incorporate as much as I can.
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Postby Chester Pearson » Tue Jan 14, 2014 7:34 pm

take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;


This clause is impossible. You cannot half frac a well... At the pressures you are dealing with (30000 psi+), it is all or nothing.... Also are we dealing with open hole fracking, or cased well fracking? Are we dealing with shallow well horizontal (which will cause seismic activity), or are we dealing with deep well high pressure? You see the variables that need to be taken into account?

Like I said, good idea in theory, but a good WA resolution: No....
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Postby Aligned Planets » Wed Jan 15, 2014 4:10 am

Okay, I'm starting to work on the re-draft.. I'm going to concentrate on fixing the "non-technical" issues being discussed and I will liaise with you separately via TG Chester to gauge how I can improve the technical side.

Draft to follow shortly.
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Postby Goddess Relief Office » Wed Jan 15, 2014 9:06 am

The Goddess is a long supporter of environmental causes and applauds the delegate from Aligned Planets on coming up with this proposal. Wishing to improve this proposal, she provides the following input:

    "While the proposal correctly places the onus of responsibility on operators to conduct environmental impact studies of their operation, it misses the mark when it relies completely on the relevant member nation's government to review the plans and give approval. A better solution would be to create a WA committee of experts to oversee such reports and provide advise in case the government in question needed help. This is more than a likely scenario since fracking operations are typically carried out by oil and gas companies from developed nations on developing nations lacking environmental policies and professional expertise to deal with such operations.

    In addition, we see that the proposal fails to require fracking operators to provide just compensation to the native population affected by their operations, if any. It also fails to require operators to take environmental remedial actions to restore the environment after fracking had taken place."

Turning to the proposal text, the Goddess comments:

Aligned Planets wrote: - take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;
- monitor the growth and spread of the frac away from the borehole to ensure the actual fracture is conforming to its design, remains contained, and far away from any aquifers;


    "These two clauses are not necessary. They are at the same time too vague in urging operators to "take a more cautious approach" and too detailed in specifying the methodology of fracking. World Assembly resolutions typically do not go into the fine grained details. It would be sufficient to paint the overall picture by setting policy ---such as requiring operators adopt industrial best practices to ensure safety, etc. "

With that, the Goddess rests.

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Postby Aligned Planets » Wed Jan 15, 2014 1:15 pm

Okay:

I've written a substantial number of notes, based on comments and suggestions in this thread and via telegram, to incorporate into the second draft. There's around 25 individual changes that I want to make, from a word here to removal / insertion of entire new clauses, so I'm going to work on that over the next couple of hours or so. Additionally I am doing some more background research into the technical aspects of fracking, and working with Chester on the sidelines, to get that angle right without being a technobabble proposal that the masses won't read.

I really would like this proposal to maintain its NatSov'ist intentions so, whilst the next draft may incorporate the constitution of a WA sub-committee or body to advise and provide guidance, I am not wanting to create a regulatory / legislative framework for WA oversight of fracking; that would be the antithesis of what I set out to do.

Hopefully the next draft will provide more clarity - I look forward to continued comments and will post as soon as it is up.
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Second Draft up

Postby Aligned Planets » Thu Jan 16, 2014 10:31 am

I have just posted the second draft into the first post in the thread (and subsequently created a "Draft 1" spoiler at the bottom of said post). The changes from the first draft to the second draft are outlined here.

Bananaistan wrote:
take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;

More cautious and small volumes seem rather open ended. Could a specific standard be specified in both cases?
monitor the growth and spread of the frac away from the borehole to ensure the actual fracture is conforming to its design, remains contained, and far away from any aquifers;

Far away also seems rather open ended.


Chester Pearson wrote:
take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;

This clause is impossible. You cannot half frac a well...


Goddess Relief Office wrote:
Aligned Planets wrote: - take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;
- monitor the growth and spread of the frac away from the borehole to ensure the actual fracture is conforming to its design, remains contained, and far away from any aquifers;

"These two clauses are not necessary. They are at the same time too vague in urging operators to "take a more cautious approach" and too detailed in specifying the methodology of fracking. World Assembly resolutions typically do not go into the fine grained details. It would be sufficient to paint the overall picture by setting policy ---such as requiring operators adopt industrial best practices to ensure safety, etc. "


Removed:
REQUIRES:
- [*]take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;
- [*]monitor the growth and spread of the frac away from the borehole to ensure the actual fracture is conforming to its design, remains contained, and far away from any aquifers;
I concur with the positions of Bananaistan, Chester Pearson and Goddess Relief Office that these clauses are both unnecessarily specific for the purposes of a WA resolution whilst also being too vague to deliver properly-constituted principles. I do not feel the overall resolution is weakened by the removal of these clauses.

Abacathea wrote:Could the author correct me if I'm wrong? Else this will need to be edited to suit the category. A frustrating game mechanic but a binding one nonetheless.


Montpellier wrote:other than the "Industry Affected" issue, it actually makes for a good resolution.


Point Breeze wrote:I have a couple concerns that prevent me from giving support, namely the category issue


Category Change:
- From Environmental to Advancement of Industry (Environmental Deregulation)
This was initially the category that I wrote this proposal into. The resolution proposes to provide modest best-practice scenarios for shale rock hydrocarbon exploitation whilst affirming the devolution of much control of the industry to national governments. I am happy to contest that this is therefore an Environmental Deregulation proposal as it would affirm that national sovereignty, within suggest provisoes, in lieu of excessive regulatory frameworks within the WA.

Imperializt Russia wrote:How would more advanced technology nations capable of mining for shale gas on methane-rich asteroids or uninhabited planetoids?
Are restrictions relaxed?


Inserted:
RECOMMENDS:
- [*]as the experience of member nations in applying this type of control to fracking operations develops, it may well prove to be the case that it can be confirmed that trigger levels (the "red light") can be adjusted upwards without compromising the effectiveness of the controls;
This clause will allow for controls to be developed in-line with national expertise, providing for greater proficiencies amongst more-technologically developed nations.

Bananaistan wrote:
Aligned Planets wrote:submit a progressive fracking plan for approval to the national government of the relevant member nation;

What exactly is a "progressive fracking plan"? Should it be defined within the resolution?
Aligned Planets wrote:take a more cautious approach to the duration and volumes of fluid used in the fracking itself, starting with the injection of small volumes of fluid and analysing the resulting data carefully before proceeding to the full frac;

More cautious and small volumes seem rather open ended. Could a specific standard be specified in both cases?
Aligned Planets wrote:monitor the growth and spread of the frac away from the borehole to ensure the actual fracture is conforming to its design, remains contained, and far away from any aquifers;

Far away also seems rather open ended.


Defined:
- [*]submit a detailed fracking plan (including but not limited to location, duration, risk factors, affected peoples and landscapes, projected costs and returns, support requirements) for approval to the national government of the relevant member nation;
- [*]for the first five operations by each operator at each approved site, national governments of member nations have an independent expert from WAPAF on site to observe the operator's conformance to the requirements of this resolution and to national government standards further relating to fracking;
[i]Hopefully this expanded definition of a "detailed fracking plan" will be more complete and acceptable. I have defined "first few operations" as the first five operations by each operator at each approved site. I have removed the two clauses relating to "more cautious and small volumes" and "far away from any aquifers".


Goddess Relief Office wrote:It would be sufficient to paint the overall picture by setting policy ---such as requiring operators adopt industrial best practices to ensure safety, etc. "


Inserted:
CREATES the World Assembly Panel on Fracking (WAPAF) to:
- [*]review and advise on proposed fracks within member nations;
- [*]provide WAPAF technicians, engineers and other support personnel to assist with the development of fracking within member nations;
- [*]assist in disaster-relief / clean-up after a fracking-related incident;
- [*]provide independent experts to assist operators on site if requested;
- [*]share best practice information with operators across member nations;
- [*]recommend to national governments to suspend / not commence fracking operations at a particular site;
REQUIRES:
- [*]submit the aforementioned fracking plan to WAPAF for review, comment and advise for the first five operations by each operator within a member nation;
- [*]take all necessary steps to take remedial environmental actions to restore the local landscape once fracking at a site has terminated;
- [*]appropriately compensate displaced peoples who are required to relocate away from a site appropriated for fracking purposes;
- [*]to ensure that no significant contamination of aquifers or soil has occurred and take all possible measures to treat and prevent the further spread of contamination if such is discovered;
RECOMMENDS:
- [*]adopt industrial best practices to ensure safety;
- [*]ensure that potential site identifications are made in line with national legislation;
- [*]member nations work towards internationally-approved standards of air and water quality, enacting legislation where appropriate.
PROVIDES that nothing in this Resolution shall be construed to limit the rights of member nations to enact laws relating to the further regulation of their national shale gas industry.

Chester Pearson wrote:FRACING rarely uses just high pressure water.... It always involves frac sand, hydrochloric acid, and a number of emulsifiers..... Until the serious technical flaws are worked out with this, I cannot support it....

- DEFINING hydraulic fracturing, or “fracking”, as a technique that uses fluids, proppants and other materials, pumped at high pressure, into shale rock to create narrow fractures to allow shale gas to flow and be captured;

-------------

I hope that is "followable" - I look forward to the next round of questions / suggestions / critiques :)
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Postby Point Breeze » Thu Jan 16, 2014 11:10 am

I really enjoy working with the ambassador from the Aligned Planets, simply because of the amount of time and attention they take in drafting. Cheers!

Anyway, I really dislike this.
it may well prove to be the case that it can be confirmed

I don't believe such a construction belongs in legislation which bases its decisions off facts and educated estimates. Perhaps allow nations to decide the thresholds of the "traffic lights" if nations show particular advancement or, adversely, incompetence in their operations.

Also, I was under the impression that a committee on fracking was out of the question? I don't believe we need a committee on this.
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Postby Aligned Planets » Thu Jan 16, 2014 12:06 pm

Point Breeze wrote:I really enjoy working with the ambassador from the Aligned Planets, simply because of the amount of time and attention they take in drafting. Cheers!

OOC: Haha many thanks. I always find the WA process, having been around since the days of the old UN on the Jolt forums, to be much more constructive when proposals are written around concrete ideas and then refined around the suggestions / recommendations of others. There's nothing worse than a dictatorial OP who won't allow his / her proposal to change with the will of the WA nations.
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Point Breeze wrote:Anyway, I really dislike this.
it may well prove to be the case that it can be confirmed

I don't believe such a construction belongs in legislation which bases its decisions off facts and educated estimates. Perhaps allow nations to decide the thresholds of the "traffic lights" if nations show particular advancement or, adversely, incompetence in their operations.

Agreed; this is (OOC: annoyingly!) a remnant of contextual explanation from previous notes outlining the scheme to another honourable member of this place. This can be redrafted in the next substantive rewrite to something, I would suggest, along the lines of: as the experience of applying this type of control to fracking operations develops, member nations may adjust the trigger levels (the "red light") provided that any adjustments are not at the expense of compromising the effectiveness of the controls;

Point Breeze wrote:Also, I was under the impression that a committee on fracking was out of the question? I don't believe we need a committee on this.

Agreed. The WAPF was brought in at the suggestion of another delegate in order to provide some checks and balances against abuses by national governments, specifically in relation to environmental remedial action and dispossessed peoples as well as oversight of the initial planning stages and first operations of each operator to confirm best practice. I have two thoughts on this:
  • first, that there may be an existing appropriate WA body / panel / committee, created by a previously passed resolution, which could fold some of the WAPF oversight functions into its remit, with remit being devolved back to national governments on those issues should that resolution be repealed (to avoid House of Cards situation), and all other functions of WAPF abolished or specifically revolved back to national governments
  • second, that WAPF be removed entirely and another process / solution outlined to cover the checks and balances situation; this resolution needn't involve WA oversight at a committee level and runs counter to my principles as a NatSov'ist anyway. Indeed, removal of WAPF would further serve to reinforce the argument that overall the proposal is a transfer / affirmation of control over shale rock hydrocarbon exploitation from the WA to national governments of memebr nations.. and therefore well-suited to the Advancement of Industry / Environmental Deregulation arena.

I would welcome your thoughts on how we can remove WAPF and get the committee out of the proposal.

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Suggestions for third draft

Postby Aligned Planets » Fri Jan 17, 2014 10:39 am

Okay. So, for the third draft, I am considering the following changes:

Point Breeze wrote:Anyway, I really dislike this.
it may well prove to be the case that it can be confirmed

I don't believe such a construction belongs in legislation which bases its decisions off facts and educated estimates. Perhaps allow nations to decide the thresholds of the "traffic lights" if nations show particular advancement or, adversely, incompetence in their operations.

This should become:
RECOMMENDS that:
  • as the experience of applying this type of control to fracking operations develops, member nations may adjust the trigger levels (the "red light") provided that any adjustments are not at the expense of compromising the effectiveness of the controls;


Point Breeze wrote:Also, I was under the impression that a committee on fracking was out of the question? I don't believe we need a committee on this.

This could be resolved by removing the clause, and all associated sub-clauses, of CREATES and making REQUIRES the first clause under HEREBY. Sub-clause three of REQUIRES, also submit would be removed along with the entirety of sub-clause three of RECOMMENDS (for the first five). This would remove the requirement for operators to submit fracking plans to the WA in any shape for oversight.. but I don't see that as an issue. No other industry is so regulated (OOC: and, in RL, this would be nonsensical). Responsibility can remain with national governments.

Kryozerkia wrote:
Aligned Planets wrote:I'm currently penning a draft in the GA forum, the Shale Gas Act which is attempting to outline responsibilities for hydraulic fracturing (fracking).

It has gone through its first and second draft and, in its present form at the suggestion of another, would convene a WA Panel on Fracking (WAPF). Whilst happy to bend towards the will of the GA, I am not keen on constituting a needless committee and neither are some others. I wondered if I could devolve some of the oversight requirements of WAPF to an appropriate pre-existing committee (in a current resolution), with the proviso in the proposal that all such powers would return back to national governments should said committee cease to exist due to repeal (to avoid House of Cards) and thusly remove WAPF from the draft completely.

Would that work?

It's common to assign additional duties to existing, relevant committees/agencies within the WA. It is entirely legal. Assigning additional duties to existing committees doesn't violate the house of cards rule as you aren't citing nor relying on the resolution's existence to prop up yours. Committee can exist even after the original resolution that created it is repealed because it has additional duties to carry out. A committee only ceases to exist when it no longer has any duties.

A new clause, between REQUIRES and RECOMMENDS could then be included giving additional responsibilities, from the now-expunged WAPF, to existing committees like the Joint Water Resources Management Panel (JWRMP), the Nuclear Energy Safety Commission (NESC), and the World Assembly Disaster Bureau (WADB); this could perhaps be entitled AUTHORISES as it would be delegating certain powers and responsibilities to these existing committees.
Suggest:
AUTHORISES the following World Assembly bodies to assist national governments of member nations with:
  • Joint Water Resources Management Panel (JWRMP):
    - establishing such protocols necessary to protect aquifers from contamination at operational fracking sites;
  • Nuclear Energy Safety Commission (NESC):
    - assessing operational fracking sites for any issues relating to waste product disposal and structural integrity;
    - surveying and protecting indigenous flora and fauna at potential and operational fracking sites, in coordination with the Protection of Animal Welfare Society (PAWS);
    - recommending to national governments to suspend / not commence fracking operations at a particular site;
  • World Assembly Disaster Bureau (WADB):
    - developing response plans for reasonable possible fracking disasters, most likely aquifer contamination or earthquake hazard;
    - researching techniques to better detect disasters, new technologies and structural improvements to reduce danger of hazards;


The proposal would then continue RECOMMENDS and PROVIDES.

What do you all think?
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Third Draft up

Postby Aligned Planets » Fri Jan 17, 2014 2:58 pm

I've done a fairly substantial rewrite in the third draft; condensing a lot of verbose wording, merging similar clauses, removing the WAPF and redistributing powers out to other WA bodies and national governments, as well as a general tidy-up.

Here's a list of all the changes.. comments / suggestions / critiques welcome :)

CHANGED
DEFINING to:-
DEFINING:
  • shale as finely stratified sedimentary rock formed from consolidated silts or clay that can be split easily into thin parallel layering;
  • shale gas as natural gas (predominantly methane) found in shale rock;
  • hydraulic fracturing, or “fracking”, as a process that injects pressurised fluids, proppants and other materials into shale rock to create narrow fractures to allow shale gas to flow and be captured;
INSERTED
DEFINING:
  • tight oil as light crude oil contained within shale rock extracted through the fracking process not covered under this resolution;
  • tight gas as natural gas produced from reservoir shale rock not covered under this resolution;

MERGED / CHANGED
RECOGNIZING and FURTHER RECOGNIZING to:-
RECOGNIZING that the authority to create national energy policy resides with national governments of member nations and that shale gas exploitation will constitute differing proportions of member nations' energy policies with shale gas not utilised and / or existent in some member nations;

CHANGED
AWARE to:-
AWARE that fracking operations can be hazardous to the environment and to resident populations through increased risk of seismic activity, contamination of aquifers, atmospheric deterioration and other associated risk factors;

REMOVED
CONCERNED

REMOVED
CREATES

MERGED / CHANGED
REQUIRES to:-
  • submit detailed fracking plans (including but not limited to location, duration, risk factors, affected peoples and landscapes, projected costs and returns, support requirements) for approval to their national government;
  • adopt industrial best practices to ensure safety and efficiency, liaising with relevant World Assembly bodies on issues where appropriate;
  • monitor background seismicity [..] unusual levels of seismic activity are observed;
  • take all necessary steps to make remedial environmental actions to restore the local landscape once fracking operations at a site have terminated and to appropriately compensate displaced peoples who are required to relocate away from a site appropriated for fracking purposes;
  • ensure that site contamination by injected fluid leakage, concentrations of radioactive isotopes and other contaminants is kept to within regulated levels and take all possible measures to treat and prevent the further spread of contamination if such is discovered;
REMOVED
REQUIRES
  • also submit the aforementioned fracking plan to WAPF for review, comment and advice for the first five operations by each operator within a member nation;

INSERTED
AUTHORISES

CHANGED
RECOMMENDS:-
  • as the experience of applying this type of control to fracking operations develops, member nations may adjust the trigger levels (the "red light") provided that any adjustments are not at the expense of compromising the effectiveness of the controls;
REMOVED
RECOMMENDS
  • for the first five operations by each operator at each approved site, national governments of member nations have an independent expert from WAPF on site to observe the operator's conformance to the requirements of this resolution and to national government standards further relating to fracking;


One question though. Should the proposal be expanded to include all exploitation of all shale rock hydrocarbons, or does it work better with its present focus?

Also aware that I am somewhat over the length restrictions; this will need tidying up.
Last edited by Aligned Planets on Fri Jan 17, 2014 3:06 pm, edited 1 time in total.
What if the democracy we thought we were serving no longer exists, and the United Federation has become the very evil we've been fighting to destroy?
"The 4,427th nation in the world for Most Scientifically Advanced, scoring 266 on the Kurzweil Singularity Index."
Don't question the FT of AP.


Jaresh-Inyo | World Assembly Delegate
Laura Roslin | President, United Federation of Aligned Planets

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