Hydraulic

Fracturing

(1)

The State of Affairs

The United States energy demands have
grown considerably throughout time and are
continuing to grow. Heightened interest in
harnessing the U.S.s internal energy sources
has sparked a natural gas revolution known
as the Great Shale Rush (2). Unconventional
methods of gas extraction, like hydraulic
fracturing, have become extremely prevalent
within the past few decades. Large-scale
production of shale gas is now economically
viable due to advances in horizontal drilling
technology and modern hydraulic fracturing
procedures.

The

wells

utilized

with

hydraulic fracturing are estimated as being

2-3 times more productive than traditional
wells (3). Today, there are approximately
500,000 active wells in the U.S. that produce
roughly 9.35 trillion cubic feet of gas
annually (4).

Increasing numbers of fracturing wells have

triggered environmental and social outcry
about the process safety. The Great Shale
Rush poses serious threats to ecological and
anthropological wellbeing. The lack of
chemical disclosure and frequent well casing
accidents are of particular concern. Water
contamination and negative health impacts
have sparked several reform attempts, at
state and federal levels. Improved regulation
that balances economic, ecological, and
social aspects would allow the industry to
continue thriving while satisfying public
interests. New policy needs to address
chemical disclosure, improvement of well
casing, and harsher punishment for fracking
accidents.

Hydraulic fracturing,
commonly known as
hydrofracking or fracking, is
a multistep procedure used
to extract natural gas from
subterranean, low-
permeability rock sources
typically shale by pumping
a combination of water,
sand (or other similar
proppants), and chemical
mixtures into the ground at
intensely high pressures (5).

Hydraulic fracturing first began in the 1940s and has grown

extensively in recent years. The discovery of expansive shale
plays in the United States, most notably the Marcellus Shale,
Utica Shale, and Bartlett Shale, have significantly intensified
production levels. (6). Currently, there are around 500,000
active natural gas wells in the U.S. Current annual production
rates are greater than 9.35 x 1011 cubic feet of gas (according to
2013 reports). The U.S. Energy Information Administration
(EIA) estimates that roughly 2,119 trillion cubic feet of
recoverable natural gas exists in the United States. Roughly

60% of this resource is unconventional gas stored in low permeability formations such as
shale, coal beds, and tight sands (7). The EIA projects that by 2035, shale gas production will
increase to 340 billion cubic meters per year. This amounts to 47% of the projected gas
production in the United States (8).
However, despite the economic prosperity that
hydraulic fracturing offers, there are legitimate
environmental and ethical concerns regarding the
practice. Water contamination, increased methane
levels in water, and undisclosed chemicals are
serious worries. Another pressing issue is industry
exemption from several key acts of environmental
safety legislation (9). These pieces of legislation
include, most notably, the Safe Drinking Water Act
as well as the Clean Water Act and Clean Air Act
(10). The exemption from the SDWA, especially, has
experienced scrutiny from its direct tie to the
Energy Policy Act of 2005. Commonly referred to as
the Halliburton Loophole by legislators, NGOs, and
the public alike, this loophole of the 2005 EPAct
(11)

disabled the Environmental Protection Agency from regulating

The Energy Policy Act of

fracking procedures. The policy also exempted fracking companies 2005 (EPAct) was
implemented by Vice
from disclosing what materials they inject into the ground. President Dick Cheney, the
Furthermore, the Act diminished the requirement of disclosing the former executive chief of
Halliburton, aka one the
concentrations and formulas of chemical solutions they (companies) worlds largest and most
inject into the ground to stimulate shale gas production (12). notorious hydraulic
fracturing companies.
Considering that Halliburton created hydraulic fracturing and they
self-exempted themselves from federal regulation, skepticism and decries of industry
corruptness are not too surprising.

History:
- 1825: Shale gas first extracted in
Fredonia, New York
- 1949: Fracking technique takes off
when Halliburton Oil Well Cementing
Company conducts two commercial
hydraulic fracking treatments
- 1960s: Pan American Petroleum first
uses a process called massive hydraulic
fracturing, which injects high volume
fluids and proppants underground
- 1984: Oil and Gas Act regulates drilling
procedures
- 1990s: Modern era of hydraulic
fracturing begins
- 2011: FRAC Act first introduced

(13)

In 1996, shale gas wells in the

United

States

produced

0.3 trillion cubic feet, which was

roughly

1.6%

of

U.S.

gas

production. By 2005, there were

14,990 shale gas wells in the U.S.
In 2006, production had more
than tripled to 1.1 trillion cubic
feet

per

year,

being

approximately 5.9% of U.S. gas

production (15).

~~~~~~~~~~~~~~~~~~~~~

(14)

Current Policy:
Over the years, numerous bills have been
drafted and rejected by the House and Senate.
The most common suggestions include
improving drilling impact fees, providing
definitions, protecting water sources, and
disclosing chemical compositions. A few of
these attempts include H.B. 1950, H.B. 1680,
and S.B. 1226 (each introduced in the 2011
2012 session) as well as the Fracturing
Responsibility and Awareness of Chemicals Act
- commonly referred to as the FRAC Act (16).

(17)

The FRAC Act of 2011 was introduced to

both branches of the 111th U.S. Congress in
2009 by democratic political figures Diana
DeGette and Jared Polis of Colorado as well
as Maurice Hinchey of New York. The same

(18)

bill was re-introduced to the House and the

Senate in 2011 by representative Diana
DeGette and PA senator Robert Casey (19).
The main initiative was to amend the Energy
Policy Act of 2005 that exempts the fracking
industry from the Safe Drinking Water Act
(SDWA) and to disclose the chemical
compositions. The Act also aimed to change
the definition of underground injection to
include fracking, but not subterranean
natural gas storage (20). It attempted to
regulate hydraulic fracturing at a federal
level as well, but enabled states to
implement their own regulations on top of

In addition to disclosure, the FRAC Act

would also help to enact an emergency
provision requiring chemical formulas to be
provided to a treating physician, the State, or
the EPA in emergency situations (21). This
would be regardless of a written statement
of need or a confidentiality agreement,
meaning that the trade secret privilege
would not stand in such cases. However,
chemical formulas would not need to be
public knowledge, which upholds the right
to chemical trade secrets (22).

existing federal ones.

Fracking has been

Policy recommendations:

linked to increased

In order to maintain environmental integrity as well as to satisfy human

methane levels in

health concerns, the FRAC Act should be amended and then

surrounding areas.

implemented into federal law. A few steps towards such policy

Sometimes methane

alterations have already begun. In Pennsylvania, recently elected

amounts can be so

governor Tom Wolf has confirmed in an NBC report that he believes

high that water can

exploration companies should publicly disclose chemicals utilized for

actually be lit on fire.

fracking. Acknowledging this agreement, discussions about industry

regulations could soon be re-opened (23). While requiring nation-wide

reforms will upset the fracking industry in terms of economic prosperity, the level of detriment

experienced would be fractional (24). In addition to the Acts written

requests, several other improvements should arguably be included. First
and foremost, law should require drilling companies to supply a detailed
list of all chemicals utilized in their fracking fluid. Companies should
include the precise percentages of chemicals used in their solutions for the

Increased
regulation could
cost up to $5,500
more per well,
which is less than
1% of the total
costs per well.

EPA to analyze before drilling. The fracking fluid chemical list should also be available to the
public through an open online site. However, the percentages and recipe of such frack solutions
should remain publically undisclosed to protect from copyright infringement (trade secrets).

Furthermore, the durability of cement casings used
within frack wells should be significantly improved to
protect against the threat of water contamination.
Such pieces of equipment should be highly regulated
and cleared by certified specialists before being
utilized. In the attempt to maintain environmental
health standards, all spills and related accidents
should also be reported immediately to the EPA and
state-appropriate regulatory offices like the PA DEP.
These practices could be overviewed by teams of
environmental scientists and geologists working on
fracking pads throughout the gas extraction process.
Finally, to take one further step towards community
(25)

water protection and societal wellbeing, the permitted

distance between fracking pads and shared water sources, farms, residential areas, and state
lands should be increased. The current 200-foot distance as deemed by the Oil and Gas Act of
1984 should rise to a minimum of no less than 500 feet (26).

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Conclusion
Natural gas and hydraulic fracturing is the

or what could be contaminating their water.

future of U.S. energy. Knowing that fracking

Privileging

will be continuing for years to come,

fracking companies formulas will enable

implementing improved safety policies will

more informed medical diagnoses to be

allow the industry to continue growing and

administered. Furthermore, strengthening

thriving while satisfying environmental and

well casings, reporting hazardous incidents,

anthropological

The

and increasing the distance between well

economic

pads and water sources will make hydraulic

procedure

health

must

concerns.

balance

healthcare

less

harmful

personal

prosperity with ecological integrity to enable

fracturing

the greatest success in the long run. Industry

environment

and procedural regulation through the FRAC

comprehensive industry regulation, based

Act and its suggested amendments will fulfill

on scientific data and appropriate state and

such interests. Publically disclosing fracking

federal oversight, will pave a positive path

chemicals will grant the public s right to

for future energy extraction technologies

know what is being injected into their land

(27).

overall.

towards

with

the

Developing

Sources:
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from http://www.nytimes.com/2013/03/14/opinion/global/the-facts-on-
fracking.html?_r=0
2. Lavelle, M. (2010, October 22). Natural Gas Stirs Hope and Fear In Pennsylvania.
Retrieved April 1, 2015.
3. Jackson, R., Pearson, B., Osborn, S., Warner, N., & Vengosh, A. (2010). Research and Policy
Recommendations for Hydraulic Fracturing and Shale-Gas Extraction. Retrieved March
31, 2015.
4. U.S. Energy Information Administration - EIA - Independent Statistics and Analysis. (n.d.).
Retrieved April 1, 2015.

5. EIA - Annual Energy Outlook 2014. (n.d.). Retrieved April 1, 2015.

6. http://www.law.du.edu/documents/faculty-highlights/Intersol-2012-HydroFracking.pdf
7. Garrett, J. (2011, January 1). The FRAC Act: The Fracturing Responsibility and Awareness
of Chemicals. Retrieved March 31, 2015.
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Retrieved April 1, 2015.
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10. Environmental Defense Center | Climate Change. (n.d.). Retrieved April 1, 2015.
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fracking
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2015, from http://www.energyfromshale.org/articles/hydraulic-fracturing-six-decades-
unlocking-us-oil-and-gas
14. IEA: Marcellus Shale Gas Production Lowers U.S. Gas Prices. (2013, November 19).
Retrieved April 14, 2015, from http://gaslog.us/2013/11/20/iea-marcellus-shale-gas-
production-lowers-u-s-gas-prices/
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16. PA General Assembly. (n.d.). Retrieved April 1, 2015.
17. Slow Down Fracking in Athens County (SD-FRAC). (image). Retrieved April 14, 2015, from
https://slowdownfracking.wordpress.com
18. Fracturing Responsibility and Awareness of Chemicals Act of 2013 (2013 - H.R. 1921).
(n.d.). Retrieved April 14, 2015, from
https://www.govtrack.us/congress/bills/113/hr1921
19. Lustgarten, A. (2009, June 9). FRAC ActCongress Introduces Twin Bills to Control
Drilling and Protect Drinking Water. Retrieved April 1, 2015.
20. Text of the FRAC Act. (n.d.). Retrieved April 1, 2015.
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1, 2015.
22. https://www.govtrack.us/congress/bills/113/s1135/text
23. Pa. Governor Candidates: Where They Stand. (2014, May 17). Retrieved April 2, 2015.
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https://garciaenergylaw.wordpress.com/2011/06/20/pennsylvania-environmental-
issues/
25. Davenport, C. (2015, March 20). New Federal Rules Are Set for Fracking. Retrieved April
1, 2015.
26. CHAPTER 78. OIL AND GAS WELLS. (n.d.). Retrieved April 1, 2015.
27. https://nicholas.duke.edu/cgc/HydraulicFracturingWhitepaper2011.pdf