Markey Statement on Draft BLM Fracking Rule

Updates Old Regulations; Chemical Disclosure before Drilling Still Needed

WASHINGTON (May 4, 2012) -- Rep. Ed Markey (D-Mass.), the Ranking Democratic Member on the House Natural Resources Committee, responded to a proposed rule issued today by the Department of the Interior’s Bureau of Land Management (BLM) relating to hydraulic fracturing on public lands. The current regulations governing hydraulic fracturing on public lands have not been revised in more than 30 years, despite the increasing prevalence of fracking. The BLM reports that 90 percent of all new wells drilled on public lands onshore now employ hydraulic fracturing.

A report by the Natural Resources Committee Democratic staff  called “Drilling Dysfunction” also found that more than one-fifth of the major violations issued by the BLM to oil and gas operators over a 13 year period involved a compromise of the well casing and cementing, highlighting the need for stronger protections.

“Natural gas on public lands holds tremendous potential to lower energy costs for businesses and consumers,” said Rep. Markey. “The Interior Department has a responsibility to ensure that oil and gas companies are accessing natural gas on public lands in a way that protects the safety of workers, local economies, water supplies and the environment. We already know that oil and gas companies are committing many serious violations when drilling on public lands and the regulations proposed by the Interior Department today will ensure that companies are not operating under outdated requirements and that they are drilling safely. BLM must now ensure enforcement is also updated so companies do not continue to violate these regulations on public lands.”

The Interior Department regulations proposed today would, among other things:

--Require disclosure of chemicals used in hydraulic fracturing fluids after drilling operations were completed.

--Ensure the proper cementing and integrity of the well.

--Ensure that operators have a plan in place for water use and fluid disposal.

Rep. Markey noted that while he expects some Republican leaders in Washington and oil and gas industry lobbyists to complain about the costs of the new rule, the BLM performed a cost-benefit analysis of the new rule which determined that the compliance costs are “insignificant when compared with the drilling costs in recent years, the production gains from hydraulically fractured well operations, and the net incomes of entities within the oil and natural gas industries.”

While Rep. Markey was largely supportive of the new rule, he questioned why BLM’s draft rule does not require drilling companies to disclose chemicals used in the drilling process prior to drilling activities. States like Wyoming already require such measures that aide monitoring of drinking water and other environmental factors by giving advanced notice of what chemicals should be monitored.

“Looking for fracking chemicals in our drinking water shouldn’t be like a game of twenty questions,” said Rep. Markey. “Drilling companies should be required to disclose the chemicals they use at all times, but especially before they start drilling, so communities can be on the lookout for any pollution in their water or environment.”