Fracking fluid wastes being discharged into interim storage pond.
After years of debate and delay, the Bureau of Land Management on Friday
announced its
final rule governing hydraulic fracturing on publicly owned land and land held in trust for American Indian tribes. The BLM comes under the Department of Interior, and DOI Secretary Sally Jewell said of the fracking rule:
Current federal well-drilling regulations are more than 30 years old and they simply have not kept pace with the technical complexities of today’s hydraulic fracturing operations. This updated and strengthened rule provides a framework of safeguards and disclosure protocols that will allow for the continued responsible development of our federal oil and gas resources. As we continue to offer millions of acres of public lands for conventional and renewable energy production, it is absolutely critical the public have confidence that transparent and effective safety and environmental protections are in place.
In its draft form, the bill received 1.5 million public comments.
More than 100,000 oil and gas wells have been drilled on federally managed land, and the Bureau of Land Management estimates that 90 percent use fracking—water and chemicals under high pressure—to extract deposits of fossil fuels from the rock. That amounts to about 11 percent of natural gas and 5 percent of being extracted in the United States, according to The Wall Street Journal.
The rule, which will take effect in 90 days includes provisions to protect groundwater from contamination, require disclosure of chemicals being used, enforce upgraded standards for interim wastewater storage and eliminate potential for cross-well contamination.
Critics weigh in below the fold.
As expected, the industry would prefer a looser rule or none at all. And Republican Sen. Jim Inhofe, who chairs the Senate Committee on Environment and Public Works, was eager to oblige. He introduced a bill with 26 Republican co-sponsors Thursday that would bar the federal government from setting rules on fracking, leaving that task up to the states. That's problematic. Some states do a good job on this score. But many—North Dakota and North Carolina come to mind—have cozy relationships with the fossil fuel industry. Although Inhofe's bill has broad Republican support, it's not likely to pass the Senate. Meanwhile, four congressional Democrats on Thursday reintroduced a "frack pack" of five bills to regulate oil and gas development. Those too aren't expected to pass.
Two industry groups are suing over the rule.
Some environmentalists view the federal rule skeptically, though not so much as they did the draft rule released two years ago. Among other things, it only requires disclosure of chemicals after fracking not before. The Environmental Defense Fund, which had a lot of complaints about the draft rule, issued a cautious statement Friday welcoming federal oversight in the matter, but saying that the organization will review the rule in detail to see how well its previously expressed concerns have been dealt with. EDF Associate Vice President Matt Brownstein stated:
Words on paper mean little if not implemented and enforced. With this rule, the agency is taking important steps to ensure that hydraulic fracturing on public lands is done according to ambitious new safety and environmental standards.
But that's mild
compared to some other critics:
“Instead of offering clarity and protecting our resources, today’s rule lets industry off the hook,” said Rep. Raúl Grijalva (D-Ariz.), the top Democrat on the House Natural Resources Committee. “Rather than raising the bar, the [Bureau of Land Management] settled for the lowest common denominator.”
A coalition of five environmental groups called the rules “toothless.”
Actor Mark Ruffalo, who sits on the board of Americans Against Fracking, said Obama should have banned the procedure altogether.
“The Obama administration has devised fracking regulations that are nothing more then a giveaway to the oil and gas industry,” he said.