Fracturing Responsibility and Awareness of Chemicals Act
Encyclopedia
The Fracturing Responsibility and Awareness of Chemicals Act , - dubbed the FRAC Act - was introduced to both houses of the 111th United States Congress
on June 9, 2009, and aims to repeal the exemption for hydraulic fracturing
in the Safe Drinking Water Act
. It would require the energy industry to disclose the chemicals it mixes with the water and sand it pumps underground in the hydraulic fracturing process (also known as fracking), information that has largely been protected as trade secrets. Controversy surrounds the practice of hydraulic fracturing as a threat to drinking water supplies. The gas industry opposes the legislation.
The House bill was introduced by representatives Diana DeGette
, D-Colo., Maurice Hinchey
D-N.Y., and Jared Polis
, D-Colo.
The Senate version was introduced by senators Bob Casey
, D-Pa., and Chuck Schumer, D-N.Y.
The Act calls only for the "chemical constituents (but not the proprietary chemical formulas) used in the fracturing process." Once these constituents are determined the information must be revealed to the public through the Internet. In April 2011, industry members began voluntarily disclosing the chemicals used in the hydraulic fracturing process. The FRAC Act states that in any case where a physician or the State finds that a medical emergency exists, and that the chemical formulas are needed to treat the ailing individual, the firm must disclose the chemical identity to the State or physician - even if that proprietary formula is a trade-secret chemical. Material Safety Data Sheets, required by OSHA under 29 CFR 1910.1200 are developed and made available to first responders and other emergency planning and response officials.
ProPublica
, an online journal, has published a number of reports that suggest hydraulic fracturing could be the cause of water contamination in areas surrounding drilling operations. However, the Environmental Protection Agency says that they have not been able to conclude whether fracturing is the cause of this contamination. At the same time, numerous state regulatory officials have recently confirmed that they are not aware of any confirmed instances of contamination of drinking water sources due to hydraulic fracturing in their states. The agency blames this lack of information on the 2005 Energy Policy Act because it exempts hydraulic fracturing from federal water laws. The writers of the FRAC Act claim that they are attempting to protect the people who live in close proximity to fracturing from potentially dangerous chemicals leaching into ground water resources. The drilling industry does not agree with this pending policy. They see it as "an additional layer of regulation that is unneeded and cumbersome." The Independent Petroleum Association of America believes that states already sufficiently regulate hydraulic fracturing. Their research suggests that federal regulation could result in the addition of about $100,000 to each new natural gas well. Energy in Depth, a lobbying group, says the new regulation would be an "unnecessary financial burden on a single small-business industry, American oil, and natural gas producers." This group also claims that the FRAC Act could result in half of the United States oil wells and one third of the gas wells being closed. Also, the bill could cause domestic gas production to drop by 245 billion cubic feet per year along with four billion dollars in lost revenue to the federal government. The Environmental Protection Agency claims that the section that would be amended in the Safe Drinking Water Act is flexible in that it defers regulation of fracturing and drilling to the state. The EPA also says that since most states currently have regulations on fracturing, they would most likely agree with the state's policy and there would not be much change.
adjourned on January 3, 2011, without taking any significant action on the FRAC Act.
On March 24, 2011, the FRAC Act was re-introduced in the 112th United States Congress
.
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
on June 9, 2009, and aims to repeal the exemption for hydraulic fracturing
Hydraulic fracturing
Considerable controversy surrounds the current implementation of hydraulic fracturing technology in the United States. Hydraulic fracturing, or fracking, is the process of utilizing pressurized water, or some other liquid, to fracture rock layers and release petroleum, natural gas, or other...
in the Safe Drinking Water Act
Safe Drinking Water Act
The Safe Drinking Water Act is the principle federal law in the United States intended to ensure safe drinking water for the public. Pursuant to the act, the Environmental Protection Agency is required to set standards for drinking water quality and oversee all states, localities, and water...
. It would require the energy industry to disclose the chemicals it mixes with the water and sand it pumps underground in the hydraulic fracturing process (also known as fracking), information that has largely been protected as trade secrets. Controversy surrounds the practice of hydraulic fracturing as a threat to drinking water supplies. The gas industry opposes the legislation.
The House bill was introduced by representatives Diana DeGette
Diana DeGette
Diana Louise DeGette is the U.S. Representative for , serving since 1997, and a Chief Deputy Whip. She is a member of the Democratic Party.The district is based in Denver.-Early life, education and career:...
, D-Colo., Maurice Hinchey
Maurice Hinchey
Maurice Dunlea Hinchey , is the U.S. Representative for , serving since 1993. He is a member of the Democratic Party...
D-N.Y., and Jared Polis
Jared Polis
Jared Schutz Polis is an American entrepreneur, philanthropist, and U.S. Representative for , serving since 2009. He is a member of the Democratic Party...
, D-Colo.
The Senate version was introduced by senators Bob Casey
Bob Casey, Jr.
Robert Patrick "Bob" Casey, Jr. is the senior U.S. Senator from Pennsylvania and a member of the Democratic Party. He previously served as Pennsylvania Treasurer, and Pennsylvania Auditor General. He is the son of former Governor Bob Casey, Sr..He is the first Democrat elected to a full term in...
, D-Pa., and Chuck Schumer, D-N.Y.
Background
The Act calls only for the "chemical constituents (but not the proprietary chemical formulas) used in the fracturing process." Once these constituents are determined the information must be revealed to the public through the Internet. In April 2011, industry members began voluntarily disclosing the chemicals used in the hydraulic fracturing process. The FRAC Act states that in any case where a physician or the State finds that a medical emergency exists, and that the chemical formulas are needed to treat the ailing individual, the firm must disclose the chemical identity to the State or physician - even if that proprietary formula is a trade-secret chemical. Material Safety Data Sheets, required by OSHA under 29 CFR 1910.1200 are developed and made available to first responders and other emergency planning and response officials.
ProPublica
ProPublica
ProPublica is a non-profit corporation based in New York City. It describes itself as an independent non-profit newsroom that produces investigative journalism in the public interest. In 2010 it became the first online news source to win a Pulitzer Prize, for a piece written by one of its...
, an online journal, has published a number of reports that suggest hydraulic fracturing could be the cause of water contamination in areas surrounding drilling operations. However, the Environmental Protection Agency says that they have not been able to conclude whether fracturing is the cause of this contamination. At the same time, numerous state regulatory officials have recently confirmed that they are not aware of any confirmed instances of contamination of drinking water sources due to hydraulic fracturing in their states. The agency blames this lack of information on the 2005 Energy Policy Act because it exempts hydraulic fracturing from federal water laws. The writers of the FRAC Act claim that they are attempting to protect the people who live in close proximity to fracturing from potentially dangerous chemicals leaching into ground water resources. The drilling industry does not agree with this pending policy. They see it as "an additional layer of regulation that is unneeded and cumbersome." The Independent Petroleum Association of America believes that states already sufficiently regulate hydraulic fracturing. Their research suggests that federal regulation could result in the addition of about $100,000 to each new natural gas well. Energy in Depth, a lobbying group, says the new regulation would be an "unnecessary financial burden on a single small-business industry, American oil, and natural gas producers." This group also claims that the FRAC Act could result in half of the United States oil wells and one third of the gas wells being closed. Also, the bill could cause domestic gas production to drop by 245 billion cubic feet per year along with four billion dollars in lost revenue to the federal government. The Environmental Protection Agency claims that the section that would be amended in the Safe Drinking Water Act is flexible in that it defers regulation of fracturing and drilling to the state. The EPA also says that since most states currently have regulations on fracturing, they would most likely agree with the state's policy and there would not be much change.
Current status
The 111th United States Congress111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...
adjourned on January 3, 2011, without taking any significant action on the FRAC Act.
On March 24, 2011, the FRAC Act was re-introduced in the 112th United States Congress
112th United States Congress
The One Hundred Twelfth United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It convened in Washington, D.C. on January 3, 2011, and will end on January...
.