DeGette Statement On Updated BLM Draft Rule For Fracking On Public Lands

WASHINGTON – Today, U.S. Rep. Diana DeGette (CO-1) released the following statement regarding the U.S. Department of Interior Bureau of Land Management's (BLM) updated draft rule for hydraulic fracturing ("fracking") on public lands. The revised draft rule emphasizes the need for an up-to-date, uniform oversight and disclosure framework that would provide relief from the current patchwork of state regulations, allowing for clarifications for industry and more effective safeguards for public lands.

Rep. DeGette's statement is as follows:

"The BLM's updated draft rule is a step in the right direction, and after numerous delays, I'm pleased the process is moving forward. As fracking operations on our public lands continue to expand, policymakers on both sides of the aisle increasingly acknowledge the need for common-sense oversight regulations that will ensure the economic benefits of natural gas do not come at the expense of the health and safety of our communities.

"While still far from ideal, the updated proposed rule importantly recognizes that our nation must have a uniform oversight framework for fracking, rather than the current patchwork of regulations across multiple states. This patchwork leaves companies without clarification as they execute fracking operations and is insufficient to adequately address legitimate concerns over risks to our land and water resources. As the Democratic sponsor of the bipartisan FRAC Act, which is based upon the same principle, I commend the BLM for recognizing this critical need.

"I do have significant concerns with the BLM rule's acceptance of disclosure reporting through FracFocus.org. A recent in-depth Harvard Law study concluded that due to systemic problems with FracFocus and their policies, the website is not effective and ‘does not serve the interests of the public.' Further, under the proposed rule, oil and gas companies would only be required to disclose after drilling has already taken place when, in essence, the horse would already be out of the barn. Providing effective and accessible disclosure both before and after fracking operations ensure better accountability, and therefore safer operations.

"This proposed rule moves in the right direction but I hope these issues can be addressed. I encourage the public to come forward with their comments and concerns in the coming weeks. I look forward to the conclusion of this process and to hopefully a consistent national framework of common-sense regulations that protect our precious public lands without standing in the way of economic and energy benefits of fracking."

The public disclosure of the chemicals in hydraulic fracturing fluids is also a fundamental provision of the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act), sponsored on a bipartisan basis by Rep. DeGette and Rep. Chris Gibson (R-NY). The FRAC Act would require disclosure and would remove the oil and gas industry's exemption from the Safe Drinking Water Act.

The proposed rule's updates reflect over four months of public comment on the initial rule released on May 11, 2012. The updated draft will be open for public comment for 30-days.