Context

In 2005, Congress passed (with the vote of then-Sen. Barack Obama) the Energy Policy Act, a key provision of which sought to clarify Congress’s historical intent on whether the Safe Drinking Water Act (SDWA) of 1974 was ever designed to regulate hydraulic fracturing.

The answer was no, and in this case, history proved an effective guide: When SDWA was passed in 1974, hydraulic fracturing had already been in use for 25 years. Hydraulic fracturing was never considered for inclusion under SDWA jurisdiction at the time. The Act was amended in 1986, and then again in 1996. At no point in the process was the concept of SDWA regulation over fracturing ever considered a necessity – or even a possibility.

Subtext

Hydraulic fracturing is a commonly used, and increasingly critical, technology for finding and developing oil and gas resources trapped below rock that would otherwise be too deep, too hard and too expensive to access. The technique has been deployed more than a million times over the past 60 years, delivering to the American people more than 600 trillion cubic feet of American natural gas and seven billions barrels of American oil.

In 2008, a report issued by professors from Pennsylvania and New York suggested that the Marcellus Shale formation, a unit of sedimentary rock spread across much of the Appalachian Basin, could contain 516 trillion cubic feet of natural gas – enough to heat more than 60 million homes for 160 years. Without hydraulic fracturing, these resources cannot be feasibly or economically produced.

Politics

Those who oppose the responsible development of American energy have seized on hydraulic fracturing as a means of blocking reasonable access to, and production of, domestic energy resources. The centerpiece of their campaign appears to be focused on blaming hydraulic fracturing for everything from exploding houses in Ohio, to flammable water in Colorado, to hard water deposits in New York (each of these accusations, and others, are debunked here).

Despite these claims, hydraulic fracturing continues to be aggressively regulated by the states, and has compiled an unparalleled record of safety over the 60 years since its first commercial use.

Economic Impacts

More recently, legislation co-sponsored by Rep. Hinchey has sought to destroy this existing state-federal regulatory partnership in favor of an EPA-only approach. Were this and other restrictive regulatory measures to come to pass, a recent analysis showed it could result in the forced closure of more than half of America’s oil wells, a third of its gas wells, cost the federal government $4 billion in lost revenue, slash American oil production by 183,000 barrels per day, and natural gas by 245 billion cubic feet per year.

EPA on Record

In 1995, then-EPA administrator Carol Browner (currently the president’s energy and environment czar) wrote that that her agency saw “no evidence” that hydraulic fracturing “has resulted in any contamination or endangerment of underground sources of drinking water (USDW).”

“Moreover,” she added, “given the horizontal and vertical distance between the drinking water well and the closest gas production wells, the possibility of contamination or endangerment of USDWs in the area is extremely remote.”

In 2004, EPA issued a landmark report examining the question of safety as it relates to hydraulic fracturing, finding “the injection of hydraulic fracturing fluids” poses “minimal threat to USDWs.” In arriving at that conclusion, EPA stated it had “reviewed more than 200 peer-reviewed publications, other research, and public comments.”

States on Record

Recognizing that hydraulic fracturing is both a safe technology and a key driver of local economic development, states such as Alabama, Louisiana, North Dakota, Utah, Wyoming, Oklahoma and Texas have recently taken up or passed resolutions informing Congress and EPA that the current regulatory relationship is working well, and that efforts to disrupt it could produce serious and long-term consequences.

In New Mexico, former U.S. Energy Secretary and current Governor Bill Richardson introduced a plan in February aimed at easing unnecessary compliance burdens, recognizing that thousands of jobs and millions in potential revenue were tied to safe, responsible, state-regulated natural gas and oil production.

Statement from Lee Fuller, policy director for Energy In Depth

“Those familiar with the history surrounding the passage and amendment of the Safe Drinking Water Act understand what this measure was intended to do, and what it clearly was not. Unfortunately, instead of taking on the issue of responsible energy development candidly and on its merits, opponents of natural resource development have decided to target the essential tools needed to safely and efficiently bring this energy to market.”

WASHINGTON, DC – As their federal counterparts in Washington, D.C. look for new and creative ways to restrict the responsible use of a critical natural gas and oil extraction technique known as hydraulic fracturing, states with decades of experience in regulating the technology are not taking the effort lying down.

Earlier this week, the Louisiana House became the latest in a string of legislatures where resolutions affirming the chamber’s support for hydraulic fracturing – or opposition to Congress’s effort to disrupt the current partnership – were either formally filed or broadly approved. Many of these states have effectively regulated fracturing activities for more than a half century, and stand to lose the most – in jobs, revenue, royalties and energy output – should EPA be given regulatory authority over the proven technology. To learn more specifics about hydraulic fracturing technology, click here.

“If hydraulic fracturing were unsafe, unregulated, and largely unnecessary as a tool of producing American energy, Congress would have a good reason to step in, and states would have an even better one to step out,” said Lee Fuller, a spokesman for Energy In Depth, a new coalition of American oil and natural gas trade groups. “Clearly, that is not the case. And that’s why you’ve seen states from the Southeast to the Intermountain West stand up, shoulder-to-shoulder, and affirm their support for this safe, critical and increasingly valuable well stimulation technology”.

The latest effort out of Baton Rouge, La. was introduced by Rep. Joe Harrison, R-Napoleonville, and calls on Congress to maintain a provision in existing federal law preserving Congress’s intent not to regulate hydraulic fracturing under the Safe Drinking Water Act (SDWA) of 1974, legislation designed to protect public water supplies. In 1974, hydraulic fracturing had already been in commercial use for 25 years. At no time during its deliberation, nor in subsequent debates on amendments to SDWA in 1986 and 1996, was the concept of regulating hydraulic fracturing under SDWA ever a consideration.

The reason? Hydraulic fracturing was then, and continues to be now, aggressively regulated by the states, compiling an impressive record of safety and performance over that time. More than 60 years after its first commercial use, not a single case of hydraulic fracturing-related contamination has been documented by the federal government. In fact, a landmark 2004 study conducted by EPA found that hydraulic fracturing posed “no threat” to underground drinking water supplies.

Because of that, other states – such as Alabama, North Dakota, Utah, Wyoming, Oklahomaand Texas – have taken up or passed resolutions similar to the one being considered in Louisiana. In New Mexico, former U.S. Energy Secretary and current Governor Bill Richardson introduced a plan in February aimed at easing unnecessary compliance burdens, recognizing that thousands of jobs and millions in potential revenue were tied to safe, responsible, state-regulated natural gas and oil production.

Those conclusions are supported in full by a recent set of studies known collectively as Project BRIEF (Bringing Real Information on Energy Forward), commissioned by the Energy in Depth coalition. In particular, BRIEF found that proposed changes to federal regulations, including those related to hydraulic fracturing, could result in:

• The forced closure of more than half of America’s oil wells, and a third of its gas wells
• $4 billion in lost revenue to the federal government; state treasuries would lose $785 million
• Domestic oil production slashed by 183,000 barrels per day; natural gas by 245 billion cubic feet per year

The Colorado Independent reports:

U.S. Rep. Diana DeGette is leading the charge to increase federal oversight of the nation’s natural gas industry, reintroducing a bill that specifically targets a process called hydraulic fracturing.

DeGette and hydraulic fracturing detractors claim the practice harms the environment and is damaging to public health. But Energy in Depth readers (and the EPA) know that’s not the case-and that states already effectively regulate hydraulic fracturing.

The fluids used in the process are more than 95 percent water, and fracturing activities take place thousands of feet below the water table. What’s more, extensive precautions are taken to case wells near the surface to prevent any leakage of fracturing fluid, oil or natural gas.

And while the Independent refers to highlighting the economic consequences of eliminating this safe engineering practice as an industry “tactic,” we’re sure the hundreds of thousands of Americans whose jobs rely on hydraulic fracturing might think differently.

Here are the facts:

• Hydraulic fracturing is responsible for 30 percent of our domestic recoverable oil and natural gas, and has aided in the extraction of more than seven billion barrels of oil and 600 trillion cubic feet of natural gas.
• Up to 90 percent of the wells currently operating today have been fraced, and in the future, 60 to 80 percent of new wells may have to undergo fracturing in order to remain viable.
• In 2007, $226 billion was invested in domestic exploration and production. Those investments drive economic growth, support local businesses and keep Americans working. Royalties paid by producers totaled $30 billion in 2007, and billions were paid to federal and local governments in the form of severance and income taxes.
• Hydraulic fracturing accounts for a significant portion of the total economic activity attributable to domestic energy production. More than 300,000 Americans are employed in the exploration and production of domestic oil and natural gas.

What’s more, regulating hydraulic fracturing out of existence would have disastrous economic consequences, including the loss of thousands of jobs, billions in government revenue and the closure of 150,000 natural gas wells.

America can’t afford to unnecessarily curb domestic energy production and destroy jobs-and the DeGette amendment would do just that.