http://www.denverpost.com/news/ci_17251996Congressional committee: diesel use in hydraulic fracturing may violate Clean Water Act
By Allison Sherry
The Denver Post
Posted: 01/31/2011 02:39:52 PM MST
Updated: 01/31/2011 02:47:39 PM MST
WASHINGTON — Three of the largest hydraulic fracturing companies may have violated the Safe Drinking Water Act when using diesel fuel — more than 1.3 million gallons in Colorado — to extract oil and gas from state lands, a U.S. House of Representatives committee alleged today after a year-long investigation.
The use of diesel fuel during so-called "fracking" — the process to get oil and gas from deep inside the earth — is not itself illegal.
But what worries the Environmental Protection Agency and senior Democrats on the House Energy and Commerce Committee is how close the diesel fuel gets to drinking water supplies.
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The 11-page letter that went to EPA Administrator Lisa Jackson on Monday, signed by DeGette and Rep. Henry Waxman of California, leaves the open the question on whether drinking water in Colorado and 18 other states are affected by this practice.
…http://democrats.energycommerce.house.gov/sites/default/files/documents/Jackson.EPADieselFracking.2011.1.31.pdf…
In 2003, EPA signed a memorandum of agreement with the three largest providers of hydraulic fracturing to eliminate the use of diesel fuel in coalbed methane formations in underground sources of drinking water. Two years later, Congress exempted hydraulic fracturing from the Safe Drinking Water Act except when the fracturing fluids contain diesel. As a result, many assumed that the industry stopped using diesel fuel altogether in hydraulic fracturing.
Our investigation has found that this is not the case, Between 2005 and 2009, oil and gas service companies injected 32.2 million gallons of diesel fuel or hydraulic fracturing fluids containing diesel fuel in wells in 19 states. Halliburton injected more than 7 million gallons of diesel fuel or fluids containing diesel; BJ Services injected even more, 11.5 million gallons.
According to EPA, any company that performs hydraulic fracturing using diesel fuel must receive a permit under the Safe Drinking Water Act. We learned that no oil and gas service companies have sought-and no state and federal regulators have issued-permits for diesel fuel use in hydraulic fracturing. This appears to be a violation of the Safe Drinking Water Act. It also means that the companies injecting diesel fuel have not performed the environmental reviews required by the law.
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