Abstract
This article discusses hydraulic fracturing and current regulations that control the practice. Hydraulic fracturing is the injection of fluid to facilitate the production of oil and natural gas. Two companion bills introduced in Congress on June 9, 2009 ‐ H.R.2766 and S. 1215, The Responsibility and Awareness of Chemicals (FRAC) Act ‐ would subject this practice to regulation under the Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) Program. The SDWA UIC Program provisions are intended to protect underground sources of drinking water. The SDWA requires the U.S. Environmental Protection Agency (USEPA) and USEPA‐authorized states to have programs in place to prevent underground injection of fluids from endangering USDWs. Underground injection is defined as the subsurface emplacement of fluids by well injection, and is considered to be endangering drinking water sources if it may result in the presence of any contaminant in underground water that supplies or can reasonably be expected to supply any public water system, and if the presence of such a contaminant may result in that system's noncompliance with any National Primary Drinking Water Regulation (NPDWR) or may otherwise adversely affect the health of people. The UIC program regulates well injection of fluids into a formation to enhance oil and gas production (Class II wells). It also regulates fracturing used in connection with Class II and Class V injection wells to “stimulate” wells by opening pore spaces in a formation. However, the SDWA does not grant authority for USEPA to regulate oil and gas production. The USEPA considers hydraulic fracturing to produce methane from coal beds as stimulation associated with production wells, not injection wells, and therefore hydraulic fracturing was not covered by the UIC Program or the SDWA.
Published Version
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