The Fracturing Responsibility and Awareness of Chemicals Act (H.R. 2766), (S. 1215) - dubbed the FRAC Act - was introduced to both houses of the 111th United States Congress on June 9, 2009, and aims to repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act. It would require the energy industry to disclose the chemicals it mixes with the water and sand it pumps underground in the hydraulic fracturing process (also known as fracking), information that has largely been protected as trade secrets. Controversy surrounds the practice of hydraulic fracturing as a threat to drinking water supplies.[1] The gas industry opposes the legislation.[2]
The House bill was introduced by representatives Diana DeGette, D-Colo., Maurice Hinchey D-N.Y., and Jared Polis, D-Colo.
The Senate version was introduced by senators Bob Casey, D-Pa., and Chuck Schumer, D-N.Y.
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The Act calls only for the "chemical constituents (but not the proprietary chemical formulas) used in the fracturing process." Once these constituents are determined the information must be revealed to the public through the Internet. In April 2011, industry members began voluntarily disclosing the chemicals used in the hydraulic fracturing process.[3] The FRAC Act states that in any case where a physician or the State finds that a medical emergency exists, and that the chemical formulas are needed to treat the ailing individual, the firm must disclose the chemical identity to the State or physician - even if that proprietary formula is a trade-secret chemical. Material Safety Data Sheets, required by OSHA under 29 CFR 1910.1200[4] are developed and made available to first responders and other emergency planning and response officials.
ProPublica, an online journal, has published a number of reports that suggest hydraulic fracturing could be the cause of water contamination in areas surrounding drilling operations. However, the Environmental Protection Agency says that they have not been able to conclude whether fracturing is the cause of this contamination. At the same time, numerous state regulatory officials have recently confirmed that they are not aware of any confirmed instances of contamination of drinking water sources due to hydraulic fracturing in their states. The agency blames this lack of information on the 2005 Energy Policy Act because it exempts hydraulic fracturing from federal water laws.[5] The writers of the FRAC Act claim that they are attempting to protect the people who live in close proximity to fracturing from potentially dangerous chemicals leaching into ground water resources. The drilling industry does not agree with this pending policy. They see it as "an additional layer of regulation that is unneeded and cumbersome."[6] The Independent Petroleum Association of America believes that states already sufficiently regulate hydraulic fracturing. Their research suggests that federal regulation could result in the addition of about $100,000 to each new natural gas well.[7] Energy in Depth, a lobbying group, says the new regulation would be an "unnecessary financial burden on a single small-business industry, American oil, and natural gas producers." This group also claims that the FRAC Act could result in half of the United States oil wells and one third of the gas wells being closed. Also, the bill could cause domestic gas production to drop by 245 billion cubic feet per year along with four billion dollars in lost revenue to the federal government.[8] The Environmental Protection Agency claims that the section that would be amended in the Safe Drinking Water Act is flexible in that it defers regulation of fracturing and drilling to the state. The EPA also says that since most states currently have regulations on fracturing, they would most likely agree with the state's policy and there would not be much change.[7]
The 111th United States Congress adjourned on January 3, 2011, without taking any significant action on the FRAC Act.
On March 24, 2011, the FRAC Act was re-introduced in the 112th United States Congress.[9]