Bill Would Strengthen Oversight of Fracking

Drillers would have to disclose chemicals

Pittsburgh Post-Gazette
15 March 2011
By Jonathan D. Silver

Sen. Bob Casey, D-Pa., has resumed his legislative effort to force drilling companies to disclose all chemicals used during hydraulic fracturing -- the fundamental procedure used to harvest natural gas from Marcellus Shale -- and bring the process under federal regulation.

The FRAC Act -- Fracturing Responsibility and Awareness of Chemicals -- would once again place fracking under the provisions of the Safe Drinking Water Act.

Fracking is the process by which drilling companies inject a mixture of water, sand and chemicals at high pressure into a well to crack the shale and help the gas flow.

Environmentalists fear the chemicals are a toxic brew that could have any number of health and environmental impacts.

Industry says the chemicals are safe, make up a minuscule portion of frack fluid by percentage and are used in low concentrations.

Some companies have been loath to release proprietary fracking formulas, while others, such as Range Resources, voluntarily disclose the additives.

An exemption dubbed the "Halliburton loophole" in the 2005 energy bill removed the ability of the U.S. Environmental Protection Agency to regulate fracking.

Mr. Casey's proposed legislation would restore the agency's oversight and require companies to disclose chemical additives used during fracking to state agencies.

In turn, those agencies would make the information public online.

Oil and gas companies would also have to reveal proprietary information about any additives to medical professionals if the information is necessary for treatment.

Mr. Casey's previous attempt to pass such a bill during the last session of Congress was stymied.

Jan Jarrett, president and chief executive officer of Citizens for Pennsylvania's Future, applauded Mr. Casey's latest attempt and agrees with the senator that voluntary compliance is not a good idea.

"The public wants to know this. It's something that people have been very clear about," Ms. Jarrett said. "Their suspicions are heightened when they feel like the industry is keeping secrets."

Giving the EPA the tools to regulate fracking would also help bolster public confidence that government is adequately regulating the drilling industry.

"Right now," Ms. Jarrett said, "they see it as just Wild West unregulated cowboys."

The EPA is in the midst of a study on fracking, updating a 2004 report that concluded that the process posed a "minimal" threat to drinking water.

The Groundwater Protection Council and the Interstate Oil and Gas Compact Commission are putting together a voluntary online database of fracking chemicals used at individual well sites.

Jonathan D. Silver: jsilver@post-gazette.com or 412-263-1962.