Capitol Voice

The Film Gasland exposes the shocking truth behind the natural gas industries use of toxic chemicals and their effects upon the residents. Film maker Josh Fox describes the harmful effects of natural gas fracturing which is required to extract natural gas. Fracturing requires hundreds of chemicals to be shot through the earth at high pressure to ultimately extract natural gas.Of the hundreds of chemicals, at least 65 of these chemicals are known to be hazardous to one's health.  The chemicals used in the process are unknown due to a 2005 energy bill pushed through by VP Dick Cheney who had been CEO of Haliburton before becoming the VP.Haliburton has been reported on using 7.2 million gallons of benzene.The energy bill, (the Haliburton loophole), prevents the Environmental Protection Agency from regulating the hydraulic fracturing process, exempting it from the Clean Water Act. As a result of this lack of oversight, combined with the cuts in funding of the EPA, gas companies have been  irresponsible in their actions to the residents of these energy rich areas. Josh Fox takes us on a journey throughout many states where natural gas drilling has been occurring for years, Pennsylvania, Texas, Colorado, Oklahoma. Upon interviewing the residents of each state, he finds similar themes running through the area, pollution of the environment, poor health of residents, the feeling of hopelessness that their homes and ways of life are permanently effected and damaged.To read a recent study on the scientific link between fracking and contamination of local resident's drinking water see, Scientific Study Links Flammable Drinking Water to Fracking,which explains the Duke University Research Report for Policy Recommendations for Hyraulic Fracturing and Shale Gas Extraction.We at Capitol Voice support the legislation of Representative Maurice Hinchey of New York and Senator Robert Casey of Pennsylvania that would require the gas industry to disclose the identities of chemicals used in the fracking process,the FRAC ACT. See the House Bill H.R. 1084 and Senate 587 below.

Information based on article of Truthout, Scientific Study Links Flammable Drinking Water to Fracking by Abrahm Lustgarten,Propublica Report

For more info contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it

HR 1084 IH

To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act, and for other purposes.

March 15, 2011

Ms. DEGETTE (for herself, Mr. HINCHEY, Mr. POLIS, Mr. ACKERMAN, Mr. BERMAN, Mrs. CAPPS, Mr. CONNOLLY of Virginia, Mr. ELLISON, Mr. ENGEL, Mr. FARR, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Ms. HIRONO, Mr. HOLT, Mr. HONDA, Mr. KILDEE, Mr. KUCINICH, Mrs. LOWEY, Mrs. MALONEY, Ms. MCCOLLUM, Mr. MORAN, Ms. MOORE, Mr. NADLER, Mr. PALLONE, Ms. PINGREE of Maine, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. STARK, Mr. TONKO, Mr. VAN HOLLEN, Mr. WEINER, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Energy and Commerce

To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fracturing Responsibility and Awareness of Chemicals Act of 2011'.

SEC. 2. REGULATION OF HYDRAULIC FRACTURING.

(a) Hydraulic Fracturing- Section 1421(d)(1) of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) is amended by striking subparagraph (B) and inserting the following:

• • (B) includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations related to oil, gas , or geothermal production activities; but

• • (C) excludes the underground injection of naturalgas for purposes of storage.'.

(b) Disclosure of Hydraulic Fracturing Chemicals; Medical Emergencies; Proprietary Chemical Formulas- Section 1421(b) of the Safe Drinking Water Act (42 U.S.C. 300H(b)) is amended by adding at the end the following:

• (4)(A) Regulations included under paragraph (1)(C) shall include the following requirements:

• • • (i) A person conducting hydraulic fracturing operations shall disclose to the State (or the Administrator if the Administrator has primary enforcement responsibility in the State)--

• • • • (I) prior to the commencement of any hydraulic fracturing operations at any lease area or portion thereof, a list of chemicals intended for use in any underground injection during such operations, including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets when available, and the anticipated volume of each chemical; and

• • • • (II) not later than 30 days after the end of any hydraulic fracturing operations, the list of chemicals used in each underground injection during such operations, including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets when available, and the volume of each chemical used.

• • • (ii) The State or the Administrator, as applicable, shall make the disclosure of chemical constituents referred to in clause (i) available to the public, including by posting the information on an appropriate Internet Web site.

• • • (iii) Whenever the State or the Administrator, or a treating physician or nurse, determines that a medical emergency exists and the proprietary chemical formula of a chemical used in hydraulic fracturing operations is necessary for medical treatment, the person conducting the hydraulic fracturing operations shall, upon request, immediately disclose the proprietary chemical formulas or the specific chemical identity of a trade secret chemical to the State, the Administrator, or the treating physician or nurse, regardless of whether a written statement of need or a confidentiality agreement has been provided. The person conducting the hydraulic fracturing operations may require a written statement of need and a confidentiality agreement as soon thereafter as circumstances permit.

• (B) Subparagraphs (A)(i) and (A)(ii) do not authorize the State (or the Administrator) to require the public disclosure of proprietary chemical formulas.'

S 587 IS

To amend the Safe Drinking Water Act to repeal a certain exemption for hydraulic fracturing, and for other purposes.

March 15, 2011

Mr. CASEY (for himself, Mr. SCHUMER, Mrs. FEINSTEIN, Mrs. GILLIBRAND, Mr. LAUTENBERG, Mr. WHITEHOUSE, Mr. SANDERS, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Safe Drinking Water Act to repeal a certain exemption for hydraulic fracturing, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fracturing Responsibility and Awareness of Chemicals Act' or the `FRAC Act'.

SEC. 2. REGULATION OF HYDRAULIC FRACTURING.

(a) Underground Injection- Section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)) is amended by striking paragraph (1) and inserting the following:

• `(1) UNDERGROUND INJECTION-

• • `(A) IN GENERAL- The term `underground injection' means the subsurface emplacement of fluids by well injection.

• • `(B) INCLUSION- The term `underground injection' includes the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations relating to oil or gas production activities.

• • `(C) EXCLUSION- The term `underground injection' does not include the underground injection of naturalgas for the purpose of storage.'.

(b) Disclosure- Section 1421(b) of the Safe Drinking Water Act (42 U.S.C. 300h(b)) is amended by adding at the end the following:

• `(4) DISCLOSURES OF CHEMICAL CONSTITUENTS-

• • `(A) IN GENERAL- A person conducting hydraulic fracturing operations shall disclose to the State (or to the Administrator, in any case in which the Administrator has primary enforcement responsibility in a State), by not later than such deadlines as shall be established by the State (or the Administrator)--

• • • `(i) before the commencement of any hydraulic fracturing operations at any lease area or a portion of a lease area, a list of chemicals intended for use in any underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets when available, and the anticipated volume of each chemical to be used); and

• • • `(ii) after the completion of hydraulic fracturing operations described in clause (i), the list of chemicals used in each underground injection during the operations (including identification of the chemical constituents of mixtures, Chemical Abstracts Service numbers for each chemical and constituent, material safety data sheets when available, and the volume of each chemical used).

• • `(B) PUBLIC AVAILABILITY- The State (or the Administrator, as applicable) shall make available to the public the information contained in each disclosure of chemical constituents under subparagraph (A), including by posting the information on an appropriate Internet website.

• • `(C) IMMEDIATE DISCLOSURE IN CASE OF MEDICAL EMERGENCY-

• • • `(i) IN GENERAL- Subject to clause (ii), the regulations promulgated pursuant to subsection (a) shall require that, in any case in which the State (or the Administrator, as applicable) or an appropriate treating physician or nurse determines that a medical emergency exists and the proprietary chemical formula or specific chemical identity of a trade-secret chemical used in hydraulic fracturing is necessary for medical treatment, the applicable person using hydraulic fracturing shall, upon request, immediately disclose to the State (or the Administrator) or the treating physician or nurse the proprietary chemical formula or specific chemical identity of a trade-secret chemical, regardless of the existence of--

• • • • `(I) a written statement of need; or

• • • • `(II) a confidentiality agreement.

• • • `(ii) REQUIREMENT- A person using hydraulic fracturing that makes a disclosure required under clause (i) may require the execution of a written statement of need and a confidentiality agreement as soon as practicable after the determination by the State (or the Administrator) or the treating physician or nurse under that clause.

• • `(D) NO PUBLIC DISCLOSURE REQUIRED- Nothing in subparagraph (A) or (B) authorizes a State (or the Administrator) to require the public disclosure of any proprietary chemical formula.'.

• .