Tag: fracking

Draft EPA Study Finds Fracking Has Not Led to Widespread Drinking Water Contamination

The EPA released a draft of its study, U.S. EPA Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources (External Review Draft), EPA, Washington, DC, EPA/600/R-15/047, 2015, assessing the impact of hydraulic fracturing (fracking) on drinking water in early June (the draft Assessment). According to the EPA’s press release, the study finds that “hydraulic fracturing activities have not led to widespread, systemic impacts to drinking water resources,” but “identifies important vulnerabilities.” Fracking opponents, however, argue that the study vindicates their position.

The draft Assessment evaluated the potential impact of fracking at each stage of the Hydraulic Fracturing Water Cycle: water acquisition, chemical mixing, well injection, flowback, and wastewater treatment and waste disposal. The study’s objective was to “assess the potential impacts of hydraulic fracturing on drinking water resources, if any, and to identify the driving factors that may affect the severity and frequency of such impacts.” The draft Assessment “provides a review and synthesis of available scientific literature and data to assess the potential for hydraulic fracturing for oil and gas to impact the quality or quantity of drinking water resources, and identifies factors affecting the frequency or severity of any potential impacts.”

According to Dr. Thomas A. Burke, EPA’s Science Advisor and Deputy Assistant Administrator of EPA’s Office of Research and Development, the draft Assessment “is the most complete compilation of scientific data to date, including over 950 sources of information, published papers, numerous technical reports, information from stakeholders and peer-reviewed EPA scientific reports.”

[H]ydraulic fracturing activities have not led to widespread, systemic impacts to drinking water resources . . .

Supporters of fracking, such as American Petroleum Institute Upstream Group Director Erik Milito,say that the evidence gathered by EPA confirms that “[h]ydraulic fracturing is being done safely under the strong environmental stewardship of state regulators and industry best practices.” Meanwhile, opponents note that the EPA’s review found specific instances where well integrity and wastewater management related to hydraulic fracturing activities impacted drinking water resources. “The EPA’s water quality study confirms what millions of Americans already know – that dirty oil and gas fracking contaminates drinking water,” said Sierra Club Executive Director Michael Brune.

Numerous peer-reviewed EPA scientific reports were also released on the same day as the draft Assessment. Those reports were a part of EPA’s overall hydraulic fracturing drinking water study and contributed to the findings outlined in the draft assessment. More than 20 peer-reviewed articles or reports were published as part of this EPA’s draft Assessment.

The draft Assessment will be finalized after review by the Science Advisory Board (SAB) and public review and comment. The Federal Register Notice with information on the SAB review and how to comment on the draft assessment can be found here.

ARTICLE BY Edward Casmere of Schiff Hardin LLP

© 2015 Schiff Hardin LLP

United States Environmental Protection Agency (USEPA) Takes First Step Toward Possible Federal Regulation of Hydraulic Fracturing

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On May 9th the United States Environmental Protection Agency (USEPA) initiated a process that may result in federal regulation of the fluids used in hydraulic fracturing(fracking).  In the past 10 years, United States production of oil and gas has skyrocketed, due in part to the increased use of fracking technologies that use high‐pressure injection of fluids, sand, and chemicals to stimulate the release of oil and gas from geological formations which were difficult to access with other techniques.  While fracking technologies have been in use for some time, environmentalists have argued that the public lacked adequate information to assess whether chemicals used in fracking posed represented threats to human health or the environment.

Last Friday, the USEPA issued an Advance Notice of Proposed Rulemaking under Section 8 of the Toxic Substances Control Act (TSCA) soliciting comment on whether companies must publicly disclose the chemicals used in the fracking process.  The notice starts the public participation process and seeks comment on

  • The types of chemical information that could be reported under TSCA;
  • The regulatory and non-regulatory approaches to obtain information on chemicals and mixtures used in hydraulic fracturing activities;
  • Whether fracking-related chemicals should be regulated through a voluntary mechanism under the Pollution Prevention Act of 1990.

According to the USEPA, this process will help inform its efforts to facilitate transparency and public disclosure of chemicals used during hydraulic fracturing and will not duplicate existing reporting requirements.  James Jones, the USEPA’s assistant administrator for the Office of Chemical Safety and Pollution Prevention, said that the “EPA looks forward to hearing from the public and stakeholders about public disclosure of chemicals used during hydraulic fracturing, and we will continue working with our federal, state, local, and tribal partners to ensure that we complement but not duplicate existing reporting requirements.”

The notice includes a list of questions to be considered by stakeholders and the public in formulating their comments.  The USEPA anticipates that the notice will publish in the Federal Register by the week of May 19, 2014.  The comment period closes 90 days after publication in the Federal Register.  When published, comments may be submitted through regulations.gov with reference to docket ID number EPA-HQ-OPPT-2011-1019.

The Prepublication Copy Notice can be found at http://www.epa.gov/oppt/chemtest/pubs/prepub_hf_anpr_14t-0069_2014-05-09.pdf and more information from the USEPA on hydraulic fracturing can be found at http://www2.epa.gov/hydraulicfracturing

Article By:

Edward Casmere
J. Michael Showalter
Of: 
Schiff Hardin LLP