Fracking: Government Regulations, Legislation, Politics and Information

ATSDR - ToxFAQs™: Hydrogen Sulfide, U.S. Department of health and Human Services . ATSDR. (2010)

ATSDR Home Page

U.S. Department of Health and Human Services, Center for Disease Control. July 2006. ToxFAQs™ for Hydrogen Sulfide (Ácido Sulfhídrico) In addition to methane, natural gas typically contains other hydrocarbons such as ethane, propane, butane, and pentanes. Raw natural gas may also contain water vapor, hydrogen sulfide (H2S), carbon dioxide, helium, nitrogen, and other compounds.

ATSDR serves the public by using the best science, taking responsive public health actions, and providing trusted health information to prevent harmful exposures and diseases related to toxic substances. ATSDR is directed by congressional mandate to perform specific functions concerning the effect on public health of hazardous substances in the environment. These functions include public health assessments of waste sites, health consultations concerning specific hazardous substances, health surveillance and registries, response to emergency releases of hazardous substances, applied research in support of public health assessments, information development and dissemination, and education and training concerning hazardous substances.

ATSDR Home Page.

See: Dusty Horwitt. (2009). Drinking Water Threatened by Toxic Natural Gas and Oil Drilling Chemicals. Environmental Working Group.

Clean Water Restoration Act of 2009 (S 787), Clean Water Action . cleanwateraction.org. (2010)

How and Why Clean Water Protections Are Being Weakened

The Clean Water Act, as written in 1972, safeguards all of the "waters of the United States," through a number of programs. The federal Environmental Protection Agency (EPA) and Army Corps of Engineers regulations implementing the law have for decades reflected the intent of Congress to protect all of America's waters. These rules had been upheld by the vast majority of state and federal courts.

In 2001, however, a bare majority of the Supreme Court-in a case called Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers - ruled 5-4 that the presence of a habitat for migratory birds is not sufficient justification for protection of a water that does not flow year round or that is an "isolated" wetland under the Clean Water Act. The decision in Rapanos v. United States in 2006 created further confusion about which waters deserved protection under the Clean Water Act.

...The Clean Water Restoration Act of 2009(S 787) introduced by Sen. Russell Feingold, D-WI, would accomplish these important goals and has been endorsed by Clean Water Action."

Clean Water Action: A Brief History

Mission Statement

Clean Water Action is an organization of 1.2 million members working to empower people to take action to protect America's waters, build healthy communities and to make democracy work for all of us. For 36 years Clean Water Action has succeeded in winning some of the nation's most important environmental protections through grassroots organizing, expert policy research and political advocacy focused on holding elected officials accountable to the public.

Passage of the original 1972 Clean Water Act, with many of the law's most important parts drafted by Clean Water Action, has been followed by other major successes. They include enactment of the federal Safe Drinking Water Act in 1974 and subsequent changes in 1996 that strengthened the law. Clean Water Action's successful defense in 1977 of the Clean Water Act's wetlands protection program was won by a single vote in the U.S. Senate.

Paul Schwartz, Clean Water Action National Policy Coordinator
202-895-0420 ext. 105

Take Action!

Clean Water Action: A Brief History

Mission Statement

Clean Water Action is an organization of 1.2 million members working to empower people to take action to protect America's waters, build healthy communities and to make democracy work for all of us. For 36 years Clean Water Action has succeeded in winning some of the nation's most important environmental protections through grassroots organizing, expert policy research and political advocacy focused on holding elected officials accountable to the public.

Commonwealth of Pennsylvania DEP takes aggressive enforcement action against Cabot Oil, Commonwealth of Pennsylvania DEP . (2010)

PA dep

Daniel T. Spadoni. Commonwealth of Pennsylvania Dept. of Environmental Protection (DEP) Press Release. 4/30/2010. "DEP Orders Cabot Oil & Gas Corp. to Remove Hibbard Well Pad Reserve Pit in Susquehanna County: Company Ignored DEP’s Prior Written, Verbal Requests".

WILLIAMSPORT -- The Department of Environmental Protection today ordered Cabot Oil & Gas Corp. to close and remove an earthen pit in Susquehanna County that holds drilling fluids to determine whether it is contaminating nearby water resources.

The pit, known as a reserve pit, is located at the Hibbard well pad in Dimock Township. The company has 14 days to comply with the order.

DEP’s North-central Regional Director Robert Yowell said today’s more aggressive enforcement action was necessitated after the company ignored previous requests.

"DEP strongly advised Cabot to close and remove the reserve pit in an April 8 notice of violation letter and reiterated to Cabot’s senior management the same message a few short days ago," said Yowell. "However, Cabot has not remedied the situation and its inaction demonstrates an arrogant disregard for Pennsylvania’s oil and gas regulations and proper protection of our environment."

See Letter written by DEP to Cabot.

Energy & Commerce Committee Investigates Potential Impacts of Hydraulic Fracturing, U.S. Congress. Energy & Commerce Committee . U.S. Congress. Committee On Energy and Commerce. (2010)

http://mixplex.com/frack_files/gt_waxman_300x200_100219.jpg

Thursday, February 18, 2010. "Chairman Henry A. Waxman and Subcommittee Chairman Edward Markey today sent letters to eight oil and gas companies that use hydraulic fracturing to extract oil and natural gas from unconventional sources in the United States. The Committee is requesting information on the chemicals used in fracturing fluids and the potential impact of the practice on the environment and human health."

"As Chairman of the Committee on Oversight and Government Reform in the last Congress, Rep. Waxman requested and received information from the largest hydraulic fracturing companies - Halliburton, BJ Services, and Schlumberger - on the chemicals used in their fracturing fluids. According to this data, two of these companies used diesel fuel in their fracturing fluids between 2005 and 2007, potentially violating a voluntary agreement with EPA to cease using diesel. Halliburton reported using more than 807,000 gallons of seven diesel-based fluids. BJ Services reported using 2,500 gallons of diesel-based fluids in several fracturing jobs. Halliburton and BJ Services also indicated that they used other chemicals - such as benzene, toluene, ethylbenzene, and xylene - that could pose environmental risks in their fracturing fluids.

Today Chairmen Waxman and Markey sent letters seeking additional information from Halliburton, BJ Services, and Schlumberger on these and related issues. The Chairmen requested similar information from five smaller fracturing companies that comprise a growing share of the market: Frac Tech Services, Superior Well Services, Universal Well Services, Sanjel Corporation, and Calfrac Well Services. In addition, the Chairmen sent a memo to Members of the Subcommittee on Energy and Environment detailing the background on the issue, including EPA's recent work on hydraulic fracturing, the Committee on Oversight and Government Reform's investigative findings, and the need for additional oversight and investigation."

Documents included: Examining the Potential Impact of Hydraulic Fracturing, Feburary 18, 2010
Letter to Andrew Gould
Letter to Roger Willis
Letter to David J. Lesar
Letter to Douglas R. Ramsay
Letter to Darin MacDonald
Letter to J.W. Stewart
Letter to Dan Wilks
Letter to David E. Wallace

Energy Policy Act of 2005, U.S. 109th Congress , p.551pp.. (2005)

http://mixplex.com/frack_files/congress.jpg

The Energy Policy Act of 2005 (P.L. 109-58), signed by President Bush on August 8, 2005, was the first omnibus energy legislation enacted in more than a decade. Spurred by rising energy prices and growing dependence on foreign oil, the new energy law was shaped by competing concerns about energy security, environmental quality, and economic growth.

The Energy Policy Act encourages production on federal lands through royalty reductions for marginal oil and gas wells on public lands and the outer continental shelf. Provisions are also included to increase access to federal lands by energy projects — such as drilling activities, electric transmission lines, and gas pipelines.

In addition, the law prevents the Environmental Protection Agency (EPA) from regulating hydraulic fracturing to protect drinking water sources.

(For additional information, see CRS Report RL32873, Key Environmental Issues in the Energy Policy Act of 2005, coordinated by Brent D. Yacobucci, and CRS Report RL32262, Selected Legal and Policy Issues Related to Coalbed Methane Development, by Aaron M. Flynn.)

See: CRS Report RL33302.

Energy Policy Act of 2005-Critiique, Wikipedia . Wikipedia, the free encyclopedia. (2010)

A logistic distribution shaped production curve, as originally suggested by M. King Hubbert in 1956.

See the U.S. Department of Energy (DOE), International Energy Outlook, for information on energy trends.

The Energy Policy Act of 2005 (Pub.L. 109-58) is a bill passed by the United States Congress on July 29, 2005, and signed into law by President George W. Bush on August 8, 2005, at Sandia National Laboratories in Albuquerque, New Mexico. The act, described by proponents as an attempt to combat growing energy problems, changed US energy policy by providing tax incentives and loan guarantees for energy production of various types.

Criticisms

The Washington Post contended that the spending bill is a broad collection of subsidies for United States energy companies; in particular, the nuclear and oil industries.

..."House Majority Leader Tom DeLay (R-Tex.) also managed to insert at least $500 million in subsidies over a 10-year period -- with the option to double the amount -- for research into deep-water oil and gas drilling, a grant that many lawmakers expect to go to the Texas Energy Center in DeLay's home town of Sugar Land. The bill also includes royalty relief for deep-water drilling projects, a strategy that helped jump-start production in the Gulf during the 1990s..."

Senator Hillary Rodham Clinton made the bill an issue in the 2008 Democratic Primary by criticizing Senator Barack Obama’s two votes supporting the bill, calling it the "Dick Cheney lobbyist energy bill."

This bill exempted fluids used in the natural gas extraction process of Hydraulic fracturing from protections under the Clean Air Act, Safe Drinking Water Act, and CERCLA. The proposed Fracturing Responsibility and Awareness of Chemicals Act would repeal these exemptions.

Please note that information taken from Wikipedia should be verified using other, more reliable sources. It is a good place to start research, but because anyone can edit Wikipedia, we do not recommend using it in research papers or to obtain highly reliable information.
Global Warming Frequently Asked Questions, Easterling, David, and and NOAA Satellite and Information Services: National Environmental Satellite, Data Information Service . Global Warming Frequently Asked Questions. (2010)

http://mixplex.com/frack_files/ar4-fig-3-6.png

David Easterling, NOAA Satellite and Information Services: National Environmental Satellite, Data, and Information Service. (2008).  One of the most vigorously debated topics on Earth is the issue of climate change, and the National Environmental Satellite, Data, and Information Service (NESDIS) data centers are central to answering some of the most pressing global change questions that remain unresolved. The National Climatic Data Center contains the instrumental and paleoclimatic records that can precisely define the nature of climatic fluctuations at time scales of a century and longer.

Internationally, the Intergovernmental Panel on Climate Change (IPCC), under the auspices of the United Nations (UN), World Meteorological Organization (WMO), and the United Nations Environment Program (UNEP), is the most senior and authoritative body providing scientific advice to global policy makers. The IPCC met in full session in 1990, 1995, 2001 and in 2007. They address issues such as the buildup of greenhouse gases, evidence, attribution, and prediction of climate change, impacts of climate change, and policy options.

Graham Pulls Support for Major Senate Climate Bill, Broder, John M. . The New York Times. (2010)

John M. Broder.

In a move that may derail a comprehensive climate change and energy bill in the Senate, one of the measure’s central architects, Senator Lindsey Graham, has issued an angry protest over what he says are Democratic plans to give priority to a debate over immigration policy.

Mr. Graham, Republican of South Carolina, said in a sharply worded letter on Saturday that he would no longer participate in negotiations on the energy bill, throwing its already cloudy prospects deeper into doubt. He had been working for months with Senators John Kerry, Democrat of Massachusetts, and Joseph I. Lieberman, independent of Connecticut, on the a legislation, which they were scheduled to announce with considerable fanfare on Monday morning. That announcement has been indefinitely postponed.

In his letter to his two colleagues, Mr. Graham said that he was troubled by reports that the Senate Democratic leader, Harry Reid of Nevada, and the White House were planning to take up an immigration measure before the energy bill. Mr. Graham has worked with Democrats in the past on immigration matters and was expected to be an important bridge to Republicans on that issue, as well as on energy.

Brendan Smialowski for The New York Times

Senator Lindsey Graham, right, with Senators John Kerry and Joseph I. Lieberman at a news conference in November about proposed energy legislation. Mr. Graham sent his two colleagues a letter Saturday saying he would no longer participate in negotiations on the bill.

Meeting of Manhattan Community Board #3 held on Tuesday, April 28, 2009 at 6:30 at IS 131, 100 Hester Street., City of New York , IS 131, 100 Hester Street, New York, New York. (2009)

http://mixplex.com/frack_files/manhattan.gif

Reading the minutes of this meeting held on April 28, 2009 led me to many of the significant  documents used in the production of my  Fracking Guide. Since this meeting a year ago, many other city and county legislatures in New York have adopted similar resoultions. (Neil Zusman)

Resolution by The City of New York Manhattan Community Board No. 3.

Item No. 3 of minutes. Page 4 of 9.

3. Resolution regarding drilling in Marcellus Shale and impact on NYS water supply VOTE: WHEREAS, On July 23, 2008 Governor David Patterson signed A10526/S08169 into law, a bill setting certain technical requirements pertaining to well spacing which will facilitate the use of hydraulic fracturing for natural gas recovery in an under ground geological formation known as the Marcellus Shale...

WHEREAS, serious deficiencies in a review of the effects of hydraulic fracturing on drinking water supplies conducted by the U.S. Environmental Protection Agency (EPA) have been raised, including the alleged removal of key passages in that document by officials from the Office of Vice President Dick Cheney, as reported on October 14, 2004 by the Los Angeles Times, and the characterization of the report as "scientifically unsound" by an internal EPA whistleblower...

THEREFORE, BE IT RESOLVED that Manhattan Community Board #3 unequivocally urges the New
York State Department of Environmental Conservation to prohibit the use of hydraulic fracturing in
the New York State and especially within the City watershed..."

NETL: Secure & Reliable Energy Supplies, NETL(National Energy Technology Laboratory) . U.S. National Energy Policy Key Issues & Mandates, Secure & Reliable Energy Supplies. (2010)

http://mixplex.com/frack_files/netl.jpg

The National Energy Technology Laboratory (NETL). Website: U.S. National Energy Policy Key Issues & Mandates, Secure & Reliable Energy Supplies.

See: Energy Policy Act of 2005.

"How much of our fossil energy will come from domestic rather than imported sources?

Can we realize the benefits of fossil energy while meeting environmental goals and controlling global climate change?

http://mixplex.com/frack_files/citylights.jpg

Can our energy infrastructure reliably deliver energy to the marketplace in the future?

Recent focus on U.S. energy price, availability, and security has resulted in publication of a number of studies and proposals for legislative action. Click here to read more about this issue."

New York City Department of Environmental Protection: Briefing to the NYC Water Board on the Natural Gas Impact Assessment Project, Hazen and Sawyer/Leggette, Brashears and Graham(Joint Venture) , NYC Water Board, p.24 - 24. (2009)

http://mixplex.com/frack_files/nycdep.jpg

New York City Department of Environmental Protection.  12/23/2009.  Impact Assessment of Natural Gas Production in the New York City Water Supply Watershed.  24 pages.

NYCDEP Calls for Prohibition on Drilling in the New York City Watershed, NYC Department of Environmental Protection(NYCDEP) . NYC Environmental Protection. (2009)

http://mixplex.com/frack_files/uv2_header.jpg

NYC Department of Environmental Protection

Communications & Intergovernmental Affairs.  Department of Environmental Protection Calls for Prohibition on Drilling in the New York City Watershed.

Report finds gas drilling poses unacceptable risks to the unfiltered drinking water supply for nine million New Yorkers.  Press Release.  12/23/2009.

NYS Dept. of Environmental Conservation (DEC): Marcellus Shale, NYS Dept. of Environmental Conservation(DEC) . NYS Dept. of Environmental Conservation. (2010)

http://mixplex.com/frack_files/decbanner.jpg

NYSDEC Main Page on Marcellus Shale.

Hydraulic fracturing of the Marcellus Shale will require large volumes of water to fracture the rocks and produce the desired amount of gas. Each well may use more than one million gallons of water.

See: NYS Dept. of Environmental Conservation (NYSDEC): Bureau of Oil and Gas Regulation

NYSDEC is criticized for not having enough personnel to monitor gas drilling.

There is currently no Section Chief for the Compliance and Enforcement Section of the NYS Dept. of Environmental Conservation (NYSDEC) Bureau of Oil and Gas Regulation. Jack K. Dahl, Director. (518) 402-8056.

See: NYS Dept. of Environmental Conservation (NYSDEC): Draft Supplemental Generic Environmental Impact Statement (dSGEIS) on the Oil, Gas and Solution Mining Regulatory Program

The draft Supplemental Generic Environmental Impact Statement (SGEIS) for potential natural gas drilling activities in the Marcellus Shale formation was available for public review and comment through 12/31/09.

The draft SGEIS supplements the existing Generic Environmental Impact Statement (GEIS) and analyzes the range of potential impacts of shale gas development using horizontal drilling and high-volume hydraulic fracturing.

The draft SGEIS outlines safety measures, protection standards and mitigation strategies that operators would have to follow to obtain permits.

Comments - The public comment period ended on 12/31/09 and the Department is now evaluating the many comments received. Watch this page for updates.

State of New York, Department of Environmental Conservation (NYSDEC). 2009. Draft Supplemental Generic Environmental Impact Statement (SGEIS). (804 pages, PDF, 22.77 MB)

What is wrong with New York in regards to gas drilling?

See: The U.S. Forest Service page below.

In New York, the Finger Lakes National Forest - Projects & Planning page contained no information on Oil and Gas Leasing.

USDA Forest Service

U.S. Forest Service web page regarding Oil and Gas Leasing on Lands Administered by the Dixie National Forest, Utah.

Raul Grijalva's MySpace Blog |, Raul Grijalva . Raul Grijalva's MySpace Blog. (2006)

http://mixplex.com/frack_files/nation.png

http://mixplex.com/frack_files/grijalva.jpg

Raul Grijalva.  January 19, 2006. The Nation. "Coming Clean and Green."

"Much of the progress made over the past four decades in protecting the environment has been reversed by the Bush Administration. Its priorities are clear: The interests of corporate contributors always trump the public's well-being."

This article appeared in the February 6, 2006 edition of The Nation. Raul Grijalva, Chair of the House Democratic Environmental Task Force, has represented Arizona's 7th District since 2003.

 

Safe Drinking Water Act (SDWA) | Safe Drinking Water Act | US EPA, U.S. Environmental Protection Agency . U.S. Environmental Protection Agency. (2010)

http://mixplex.com/frack_files/epafiles_logo_epaseal.gif

The Safe Drinking Water Act (SDWA) is the main federal law that ensures the quality of Americans' drinking water.  Under SDWA, EPA sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards.

SDWA was originally passed by Congress in 1974 to protect public health by regulating the nation's public drinking water supply.

The law was amended in 1986 and 1996 and requires many actions to protect drinking water and its sources: rivers, lakes, reservoirs, springs, and ground water wells. (SDWA does not regulate private wells which serve fewer than 25 individuals.)

Web Article contains links to legal, scientific, and contact information.

Scalise: Cap-and-Trade Hinders Job Growth, Scalise, Steve . Congressman Steve Scalise Representing the 1st of Louisiana. (2010)

http://mixplex.com/frack_files/scalise.jpg

Congressman Scalise serves on the Subcommittee on Energy and Environment. Cap-and-Trade Hinders Job Growth, By Rep. Steve Scalise, Published in Roll Call February 8, 2010.

"...our state has seen success onshore by using safe, responsible and environmentally sound energy production technologies such as hydraulic fracturing.

Recently, this new technology was used to produce oil and gas from shale rock in Haynesville, La. This project helped create 32,742 new jobs within the state and added $3.2 billion to our economy through lease and royalty payments."

Scalise: EPA Declares CO2 a Dangerous Pollutant Based on “Climate Gate’s” Corrupt Science, Scalise, Steve . Congressman Steve Scalise Representing the 1st of Louisiana. (2009)

http://mixplex.com/frack_files/scalise.jpg

Congressman Scalise serves on the Subcommittee on Energy and Environment. Monday, December 7, 2009.

"Regulation of green house gases will put millions of American jobs in danger."

Washington, DC -- Congressman Steve Scalise (R-LA) today made the following statement after the U.S. Environmental Protection Agency (EPA) announced that they have declared carbon dioxide (CO2) along with five other gases as dangerous pollutants.

“The EPA's decision today is another example of this Administration’s liberal agenda that is killing jobs. What makes the EPA’s decision even more reckless is the fact that it is based on corrupt science that has recently been exposed by the ‘Climate gate scandal,’” Scalise said.

“At a time when the American people are asking ‘where are the jobs,’ the Obama administration continues to promote policies that run jobs out of our country while adding unprecedented debt onto the backs of our children and grandchildren.”