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S.2248 - Fracturing Regulations are Effective in State Hands Act
A bill to clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State.
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Mr. INHOFE (for himself, Ms. MURKOWSKI, Mr. VITTER, Mr. SESSIONS, Mr. CORNYN, Mr. RISCH, Mr. HOEVEN, and Mr. LEE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
(2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled ‘State Oil and Natural Gas Regulations Designed to Protect Water Resources’ and dated May 2009 finding that the ‘current State regulation of oil and gas activities is environmentally proactive and preventive’;CommentsClose CommentsPermalink
(4) a 2004 study by the Environmental Protection Agency, entitled ‘Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs’, found no evidence of drinking water wells contaminated by fracture fluid from the fracked formation;CommentsClose CommentsPermalink
(5) a 2009 report by the Ground Water Protection Council, entitled ‘State Oil and Natural Gas Regulations Designed to Protect Water Resources’, found a ‘lack of evidence’ that hydraulic fracturing conducted in both deep and shallow formations presents a risk of endangerment to ground water;CommentsClose CommentsPermalink
(6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated ‘The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing.’;CommentsClose CommentsPermalink
(7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was ‘not aware of any proven case where the fracking process itself has affected water’;CommentsClose CommentsPermalink
(8) in 2011, Bureau of Land Management Director Bob Abbey stated, ‘We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology.’;CommentsClose CommentsPermalink
(9)(A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of--CommentsClose CommentsPermalink
(B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (
(11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled ‘Fact-Based Regulation for Environmental Protection in Shale Gas Development’, found that ‘[n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations’.CommentsClose CommentsPermalink
SEC. 3. DEFINITION OF FEDERAL LAND.
SEC. 4. STATE AUTHORITY.
(a) In General- A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land within the boundaries of the State.CommentsClose CommentsPermalink
(b) Federal Land- The underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any components of that process, relating to oil, gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.CommentsClose CommentsPermalink