FRAC Act Under Consideration to Protect U.S. Drinking Water

A September, 2009 letter was signed by 160 national, regional, state and local organizations, including conservation, faith, sportsmen and community organizations, urging members of Congress to co-sponsor S. 1215/ H.R. 2766, the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act.

This important legislation would repeal an exemption in the Safe Drinking Water Act (SDWA) for an oil and gas technique called hydraulic fracturing. It would also require public disclosure of the chemicals used in hydraulic fracturing fluids.

Signatories to letter in support of the FRAC Act include (among others): American Rivers, Center for Food Safety, Earthjustice, Environmental Working Group, Food & Water Watch, National Audubon Society, National Wildlife Federation, Natural Resources Defense Council, Public Citizen’s Energy Program, and the Rural Community Assistance Partnership, Inc.

Oil and gas production is present in over 30 states, and a consistent national standard is needed for this practice. Hydraulic fracturing involves the injection of fluids into oil or gas wells at very high pressure in order to crack open the underground formation and allow oil or gas to flow out more easily. These fluids often contain toxic chemicals, some of which remain underground. The pressure places stress on the oil or gas well and can lead to unpredictable consequences.

Reports of drinking water contamination come from Colorado, Texas, Arkansas, Ohio, Pennsylvania, Alabama and Wyoming.

While states regulate oil and gas production, state rules vary widely and a federal floor is needed. As stated in a study by the Hastings College of the Law, “many of the state regulatory schemes date from earlier waves of resource extraction, and have not kept pace with changed technologies, nor with a deepening concern for public health and the environment.” For example, a recent report issued by the Ground Water Protection Council found that some states do not require a well’s surface casing to be set through the deepest ground water zone.

Protection of drinking water is a national concern that should not be left to a patchwork of state regulations.

In 2005, Congress exempted hydraulic fracturing from the SDWA to the benefit of Halliburton and other oil and gas companies. It is time to close the Halliburton Loophole and hold the oil and gas production industry to the same standards as any other industry.

Please support the efforts to keep our drinking water safe. For ideas on how to make a difference around the FRAC Act, visit Nuprana’s Advocacy section.

Click here to read the full letter in support of the FRAC Act.