Lawmakers Seek Fracking Exemption for Wyoming, Other Western States

The Wyoming congressional delegation Monday asked Interior Secretary Sally Jewell to exempt Wyoming and other western states currently regulating hydraulic fracturing (fracking) from the Bureau of Land Management's (BLM) final rule on the practice, saying not to do so would delay permitting and discourage production on public land.

In their letter to Jewell, the delegation pointed out that the Interior secretary said during a June hearing of the Senate Energy and Natural Resources Committee that Wyoming was a "good example of a state doing an effective job" of regulating fracking (see Shale Daily, June 10), and she acknowledged while testifying before the House Natural Resources Committee hearing in July that the state has "great, sophisticated" fracking regulations (see Shale Daily, July 18).

"We believe that states are best positioned to regulate hydraulic fracturing. We appreciate your acknowledgment that Wyoming has 'great, sophisticated' hydraulic fracturing regulations and is 'a good example of a state that is doing an effective job.' We therefore request that you exempt Wyoming and other states currently regulating hydraulic fracturing from BLM's final rule," wrote Wyoming Sens. John Barrasso and Michael B. Enzi, and Rep. Cynthia M. Lummis, all Republicans.

The Wyoming lawmakers cited concerns with BLM's draft fracking rule, which was issued in May. The "proposed rule duplicates, in many respects, state regulations that already address wellbore integrity and flowback water and require the disclosure of hydraulic fracturing [fluids] used on federal public lands. We believe that BLM's proposed rule will significantly delay oil and gas permitting and in turn discourage oil and gas production on our nation's public lands," they said.

"We do not anticipate a final [fracking] rulemaking before the end of the year," said the Independent Petroleum Association of America. It noted that it will be filing comments on the rule Thursday.

Interior explained in the draft rule why a federal rule is needed. "The BLM recognizes the efforts of some states to regulate hydraulic fracturing and seeks to avoid duplicative regulatory requirements. However, it is important to recognize that a major impetus for a separate BLM rule is that states are not legally required to meet the stewardship standards applying to public lands and do not have trust responsibilities for Indian lands under federal jurisdiction.

"Public land states such as Wyoming, Colorado, Idaho, Montana, New Mexico and Utah, currently enforce their own hydraulic fracturing regulations, including regulations requiring the disclosure of hydraulic fracturing [fluids]. Those state regulations not only apply to private and state lands, but also apply or could be applied to federal public lands within the states' respective borders."

 At the June hearing of the Senate Energy Committee, BLM Director Bob Abbey was asked to name a state that was not doing a sufficient job of regulating fracking. "Your inability to identify any state suggests, at the very least, that BLM's final rule should not apply to states currently regulating hydraulic fracturing," the Wyoming delegation said.