History of Hydraulic Fracturing
Hydraulic fracturing was first used more than 100 years ago in 1903, but the first commercial fracturing treatment was performed in 1949. By some accounts it took more than 40 years for geologists and engineers to perfect the process, but since then, the pay-off has been extraordinary. Its efficacy in bringing new life to old wells quickly made it an integral part of our nation’s energy strategy, and by 1988, it had been applied more than one million times. As technology improved, hydraulic fracturing’s applications did, as well. Now, fracturing is used not only to stimulate production in old wells, but to jump start the production process in unconventional formations and in unfavorable locations. Operators now fracture about 35,000 wells each year with no record of harm to groundwater.
The Regulation of Hydraulic Fracturing: A Chronology
- 1948 Hydraulic fracturing first commercially employed.
- 1974 Safe Drinking Water Act (SDWA) enacted.
- SDWA protects tap water for public water supplies and creates new programs and regulations to protect underground sources of drinking water (USDW).
- Despite having been commercially utilized for nearly 25 years up to this point, hydraulic fracturing never considered for regulation under SDWA
- 1986 SDWA amended to regulate over 100 specific drinking water contaminants; hydraulic fracturing never the focus of debate
- 1996 SDWA amended to emphasize sound science and risk-based standard setting; hydraulic fracturing never the focus of debate
- 1997 Legal Environmental Assistance Foundation (LEAF) v EPA – arguing that hydraulic fracturing used for certain kinds of methane development in Alabama should be regulated under SDWA, without considering any legislative history or environmental impacts.
- 2000 LEAF challenges EPA’s decision to allow Alabama to regulate hydraulic fracturing under its Class II well program. EPA initiates its study of hydraulic fracturing.
- 2002 EPA releases draft of hydraulic fracturing study, concludes the technology does not pose a risk to drinking water — but raises potential concerns about the use of diesel fuel.
- 2003 Major operators sign memorandum of agreement with EPA not to use diesel when conducting fracturing operations near USDWs.
- 2004 EPA releases its final report on the use of hydraulic fracturing in coalbed methane operations.
- 2005 Energy Bill – House passes bipartisan bill clarifying that Congress never intended hydraulic fracturing to be regulated under SDWA
- 2007 Gas well in Bainbridge, Ohio causes explosion; incident blamed on hydraulic fracturing, which is rejected in subsequent investigations.
- 2008 Outside interest groups expand efforts to attack hydraulic fracturing in mid-Atlantic region (Marcellus Shale).
- Colorado finalizes oil and natural gas production rules, which provide for disclosure to regulators of the identity of fracturing fluid constituents where there is a demonstrated need for the information subject to confidentiality requirements.
- HR 7271 (DeGette, Hinchey, Salazar) introduced in the House seeking to strip clarifying language in 2005 energy bill.
- Environmental groups push for restrictions on hydraulic fracturing to be added to state regulations in New Mexico and county ordinances in Colorado and New Mexico.
- 2009 – IOGCC passes resolution opposing hydraulic fracturing regulation under SDWA.
