WASHINGTON, D.C.—A recent Congressional investigation headed by Representatives Henry A. Waxman, Edward J. Markey, and Diana DeGette found that certain oil companies were still using diesel fuel in their hydraulic fracturing fluids and had injected around 32.2 million gallons of diesel or diesel based compounds into the ground in 19 states. These findings, released on January 31, 2011, determined that such oil companies as Halliburton, BJ Services, and Weatherford among others appear to be in violation of the Safe Drinking Water Act of 2005.
Based on these revelations, local Congressmen Maurice D. Hinchey and Rush Holt are urging local water authorities to suspend rule-making regarding natural gas drilling, consider the findings in proposed draft regulations and expand the public comment process.
Hydraulic Fracturing is a process where fluids are forced into oil and gas production wells at extremely high pressures in an effort to break open the seams and release the gas and/or oil. Typically water-based fluids are used in this process, but some materials such as clay absorb water and make fracturing impossible. It is in those instances that a diesel based fluid is generally used. The reason that this has become a concern is that diesel has many harmful chemicals in it, including known carcinogens such as Benzene, as well as toluene, ethylbenzene, and xylene (more commonly referred to as the BTEX compounds), which can seep into drinking water supplies and contaminate them, leading to a variety of health problems for anyone who drinks the water.
Representatives Waxman, Markey, and DeGette released their findings in a letter to Judge Lisa Jackson of the U.S. Environmental Protection Agency, and stated that around 32.2 million gallons of diesel fuel or diesel compounds had been injected into wells in 19 different states. The biggest offender, according to the letter, is BJ Services, which injected over 11.5 million gallons of diesel or diesel based compounds, followed by Halliburton with 7.2 million gallons, and RPC with 4.3 million gallons. The state with the most amount of diesel injected was Texas, which accounted for half of total injections, with 16 million gallons.
The letter reported that most state officials seemed largely unaware of the use of diesel fuel in the fracturing process, and the general consensus appeared to be that the use of diesel had stopped with the advent of the Safe Drinking Water Act. This appears not to be the case.
The biggest concern, as reported in the letter, was the specific use of diesel in hydraulic fracturing in coalbed methane formations, as these tend to be shallower and closer to drinking water supplies. When asked about this for the investigation the oil companies denied any knowledge of fracturing in close proximity to drinking water supplies, and claimed the responsibility for that fell on the shoulders of the parties that owned the wells, and that they just provided the services for them.
Using diesel in fracturing is allowed if the company gets a permit for it, which will be furnished to them if there appears to be no danger to the drinking water supply, but the investigation found that no such permits were asked for, according to the release.
The impact of these violations of the Safe Drinking Water Act is hard to determine, as the investigation was unable to find out if these incidents occurred within close proximity to drinking water supplies.
In a move being repeated throughout the nation, Hinchey and Holt notified Carol R. Collier of the Delaware River Basin Commission of the findings. Though the investigation did not find New Jersey to be affected, it is still something Representatives Hinchey and Holt felt Collier should be made aware of, as the current "Commission's draft regulations make no mention of diesel fuel or the risks it may pose to the Basin’s water supplies," they explain in the letter. This lack of regulation on the use of diesel by the DRBC could pose health and safety concerns for New Jersey residents, and the congressmen urged Collier to "suspend the current rulemaking process to review these new findings to determine if the draft regulations are still sufficient." Additionally they "recommend that [she] extend and expand the public comment process for the Commission’s proposed draft regulations for natural gas development in the Delaware River Basin." It is their hope that this will allow citizens of New Jersey to become fully informed on these new developments, and comment on any proposed changes the DRBC might make to its draft regulations.
Source: House Committee on Energy and Commerce
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