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Colorado GOP to EPA: Keep your noses out of our fracking fluid

by: ArgusFest

Wed Jul 28, 2010 at 01:10:40 AM MST


By David O. Williams 7/27/10 12:58 PM
The Colorado Independent

Eighteen Republican members of the Colorado State Legislature Monday sent a letter (pdf) to the U.S. Environmental Protection Agency (EPA) demanding the federal agency refrain from regulating the natural gas drilling practice of hydraulic fracturing, or "fracking," no matter what a two-year EPA study of the process reveals.

Landowners and environmentalists around the country are increasingly concerned about instances in which they claim fracking has contaminated streams and drinking water sources. Oil and gas industry officials mostly resist attempts to further regulate the process, which was granted an exemption from the Safe Drinking Water Act during the Bush administration.

"The EPA shouldn't stick its nose into the regulation of fracking or other oil and gas industry practices in states," state Sen. Scott Renfroe, R-Greeley, said in a release. "Once the EPA completes its study, states should maintain jurisdiction over oil and gas operations."

While the letter was addressed to the EPA, the matter is actually up to Congress, where U.S. Reps. Diana DeGette, D-Denver, and Jared Polis, D-Boulder, introduced the FRAC (Fracturing Responsibility and Awareness of Chemicals) Act in 2009. The bill requires full public disclosure of the chemicals used in the fracking process, which industry officials say amount to trade secrets.

Still, a growing number of companies are offering up some form of disclosure in order to head off looming federal regulation.

"Oil and gas employers have already been barraged by new regulations in Colorado, making it harder for them to do business in the state, particularly during these tough economic times," Renfroe added, referring to amended drilling rules that went into effect last year and provide higher levels of public safety and environmental protection. "The last thing we need are further industry-crushing regulations out of Washington, D.C., that will cause even more lost jobs in Colorado."

Proponents of those new regulations say the industry has actually gained greater regulatory certainty through the new drilling regs and that other states are all moving toward models similar to Colorado's.

Republican state Rep. Randy Baumgardner, whose House District 57 includes heavily drilled Garfield County, also signed Monday's letter.

ArgusFest :: Colorado GOP to EPA: Keep your noses out of our fracking fluid
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This Is a Very Real Issue
The alliance of the Republican legislators with those whose technology may pollute the water supply is not unusual. Consider Gail Norton's support for industry self policing
But it is not Ms. Norton's conduct as the state's chief legal officer that is being debated in connection with the Summitville mine. Rather, it is her philosophy. Ms. Norton, like Mr. Bush, has long advocated allowing the mining, timber and oil industries more leeway to police themselves. Their argument is that if businesses are given incentives, like immunity from fines and prosecution, for reporting and cleaning up their own pollution, most will do the right thing - a so-called self-audit.

Ms. Norton has also been a consistent advocate of states' rights and minimal federal interference. But in the Summitville case, it was the federal government that stepped in, acting on an emergency basis after the poisoning of the river to avert an even larger disaster, and later winning felony criminal convictions against many of the corporate owners of the mine. The state welcomed the federal intervention.

The current crop of Republicans still think that it wasn't BP's fault for the Gulf oil well blowout.  Ask anyone in an executive position in an oil and gas company, and you will find disgust about the way that well was managed in the days leading up to the blowout and 3 months of pollution. The Republicans do not deserve any part in our government until they clean their house of the industrial polluters advocates.


The EPA can act without Congress
Under the Clean Water Act, the EPA can choose to regulate the chemicals that are used in the fracking process even if Reps. DeGette and Polis's legislation does not pass. Of course, if their legislation does pass, the EPA must regulate those chemicals.

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