EPA's Fracking Fluids Report Could Help Stop Negative State Moves

Abstract

For much of the 20th century, domestic oil and gas development regulation was left up to the states. In doing so, this policy ensured that, depending on the state's specific interests, each could pass regulations that it deemed appropriate to protect the environment while simultaneously bolstering oil and gas production. Although management has primarily remained in the hands of the states, the federal government is still very involved in the industry, passing public health–oriented regulations such as the Safe Drinking Water Act (SDWA) and the Clean Water Act (CWA), and administering such regulatory bodies as the Occupational Safety and Health Administration (OSHA) to oversee production and recovery operations. For example, in constructing a well for the use of secondary recovery processes, oil and gas companies are subject to the CWA and oversight by OSHA, as well as Superfund regulations and the SDWA in the production phase.