New Federal draft rules governing hydraulic fracturing, or “fracking,” on public and tribal lands are drawing sharp criticisms from both industry and environmental groups. The proposed regulations, released on May 16, include changes designed to alleviate opponents’ objections to an earlier version.
Fracking is an extraction process that involves pumping water, chemicals, and sand deep into hard-to-reach rock formations at high pressure to force cracks and release natural gas, allowing it to flow freely to the production well. Now used in over 90 percent of vertical and horizontal oil and gas wells in the United States, the technique is enabling a domestic oil-and-gas production boom but also raising concerns about links to water and air pollution.
Hydraulic fracturing regulations have not been updated since the 1980s, long before the new technology came into use. For in-depth coverage of the topic, see the March 2012 Congressional Digest “Fracking and Drinking Water Safety.”
Issued by the Department of Interior’s Bureau of Land Management (BLM), the proposed rules would require companies to disclose the chemicals they use in the fracking process. They also promote an industry-operated website, called Frac Focus, as the forum for disclosure of such information. Opponents say use of the site for this purpose would limit government oversight and prevent easy public access to the information.
In another move intended to placate industry critics, the rules would allow drillers to comply with State regulations in areas where BLM determines that such regulations are as tough as, or tougher than, the applicable Federal rules. Industry representatives have condemned the modifications, however, saying that they would create additional burdens for independent producers and State regulators. Independent Petroleum Association of America President and CEO Barry Russell stated: “If the Department of the Interior believes there are gaps in State regulations of oil and natural gas, they should work with the States to implement changes rather than imposing a costly and burdensome rule on independent producers.”
Environmentalists are critical of language that would allow companies to withhold information about chemicals they consider trade secrets. They also contend that the draft rules provide insufficient standards for the disposal of “flowback fluids,” which surface after drilling and must be disposed of in containment ponds or tanks. Nor, they charge, do the rules call for baseline monitoring of nearby air or water, either before or after fracking.
The Interior Department has defended the proposals, pushing back against both industry and environmental concerns. Secretary Sally Jewell maintained that with the current patchwork of State requirements, additional Federal oversight is needed to ensure safe development. She added, “As we continue to offer millions of acres of America’s public lands for oil and gas development, it is important that the public has full confidence that the right safety and environmental protections are in place.”
The proposal is subject to 30 days of public comment and further revision; however, the leadership of the House Natural Resources Committee wants the Interior Department to slow down the process. In a letter to Secretary Jewell, Committee Chair Doc Hastings (WA-R) and Ranking Minority Member Ed Markey (MA-D) wrote: “We jointly believe that this timeframe is unacceptable and not nearly long enough to allow the public to formulate in-depth and constructive comments on this 171 page, complicated rule.” The letter requests that the comment period be extended to 120 to enable the public to “fully participate and engage” in the rulemaking process.”
