DeGette, Hinchey, and Polis Introduce FRAC Act to Ensure Safe Drilling

"While the natural gas industry would like to pretend that the currentregulatory framework is sufficient to protect the environment, drinkingwater and public health, scores of citizens throughout the country aretelling a different story," said Rep. Hinchey. "We need to know exactlywhat chemicals are being injected into the ground and we must ensurethat the industry is not exempt from basic environmental safeguards like the Safe Drinking Water Act. The FRAC Act is an important first steptoward protecting people from the risks of hydraulic fracturing."

"There is a growing discrepancy between the natural gas industry's claim that nothing ever goes wrong and the drumbeat of investigations andpersonal tragedies which demonstrate a very different reality," saidRep. Polis. "The FRAC Act is a simple, common sense way to answer theserious concerns that accompany the rapid growth of drilling across thecountry. Our bill restores a basic, national safety-net that willensure transparency within the industry and safeguard our communities. If there is truly nothing to worry about, then this bill will lay thepublic's concern to rest through science and sunlight."

Over the past decade, the use of fracking has expanded exponentially due to advances in drilling technology. As natural gas continues to beregarded by many as a critical bridge fuel, environmental safeguardshave failed to keep pace with expanded production. For example, even low concentrations of the chemicals used in fracking – like benzene anddiesel fuel – may lead to severe health and environmental consequences.Yet, the U.S. Environmental Protection Agency (EPA) is prevented fromapplying the Safe Drinking Water Act's safeguards. As a result, a number of cases have been reported around the country whereby residents andworkers have become ill or groundwater was found to be contaminatedafter operations began in their communities, including in Colorado,Pennsylvania, Arkansas, Wyoming, Alabama and Ohio.

In recent months, disturbing evidence has been revealed to the publicdemonstrating that millions of gallons of diesel fuel have been pumpedinto the ground in fracking operations across the country, and that theinability to properly process wastewater from fracking, may be leachingradioactive materials into rivers, streams, and the drinking watersupply.

• Require disclosure of the chemical constituents used in the fracturing process, but not the proprietary chemical formula.
• The proprietary chemical formulas are protected under our bill – much like the way Coca-Cola must reveal the ingredients of Coke, butnot their secret formula; oil and gas companies would have to reveal the chemicals but not the specific formula.
• Disclosure would be to the state, or to EPA, but only if EPAhas primary enforcement responsibility in the state. The disclosureswould then be made available to the public online
• This bill does include an emergency provision that requiresthese proprietary chemical formulas to be disclosed to a treatingphysician, the State, or EPA in emergency situations where theinformation is needed to provide medical treatment.
• Repeal a provision added to the Energy Policy Act of 2005exempting the industry from complying with the Safe Drinking Water Act(SDWA), one of our landmark environmental and public health protectionstatutes.
• Most states have primacy over these types of wells, and theintent of this Act is to allow states to ensure that our drinking wateris safe. EPA would set the standard, but a state would be able toincorporate hydraulic fracturing into the existing permitting processfor each well, and so this would not require any new permitting process.