While hydraulic fracturing is a national issue as it is being touted as an economically advantageous alternative for energy, there currently are no federal environmental laws to regulate it.

In 2005 under the Bush administration the SDWA, known as the Safe Drinking Water Act was modified to incorporate a clause that exempted companies engaged in hydraulic fracturing from having to disclose what specific chemicals they utilized during the fracturing process as long as they were not using diesel. These modifications came under the Bush/Cheney Energy bill and also came to be known as the Halliburton Loophole. t was given this nickname as Mr. Cheney, who drafted the clause was prior to holding office as Vice President, the CEO of Halliburton  the country’s largest company engaged in hydraulic fracturing.

The original intent of the SDWA was to ensure integrity of the country’s drinking water both above and below ground and grant the EPA oversight to monitor any activities that have the potential to affect existing and potential drinking water.

Specifically this clause exempts companies from disclosing what chemicals they are using during hydraulic fracturing process. It also does not allow for the EPA to oversee activity since this clause exempts companies from oversight.

The Safe Drinking Water Underground Injection Control Program regulates underground injection activities but only is applicable if diesel fuel is used in the process. All fracturing activities that do not utilize diesel fuel are exempt from the Safe drinking Water Act.

 

This is the first of two parts examining the environmental and legal issues surrounding hydraulic fracturing.