Cheney Exemption (The Halliburton Loophole)

Trying to educate here. Is Fracing exempted from the clean water act? I saw a story somewhere recently but cant find it, anyone got a link?

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Permalink Reply by Mark McGrail on August 14, 2013 at 1:26am

This is that old lie told by fractivists. You will hear it called the "Halliburton Loophole".Fracing is not exempted from the Clean Water Act it just isn't covered by it. Further it never has been since the Act was passed in 1974. However, drilling and completion of oil and gas wells must comply with provisions of the Act.

The fractivists like to contend that the oil and gas industy is unregulated and therefore a threat to the environment. Not true, there are at least eight federal statutes that regulate the industry and hundreds of state and local laws and regulations.

Here is a question : How can fracing be exempted from a law that never regulated it ?

Permalink Reply by Area Man on August 14, 2013 at 1:52am

Mark is correct - completions activity and frac water is regulated at a state level, not federal and thus the federal Clean Water Act doesn't specifically apply.

Cheers!

-AreaMan

Permalink Reply by Jim Litwinowicz on August 14, 2013 at 2:06am

Here's the story behind this myth;  There have been injection wells for decades all across the US.  Injection wells are wells that industry have used to inject industrial waste products deep into the ground as a way of disposing of it.  Things like mine acid, steel mill "pickle" fluids, toxic byproducts and much more. Millions of tons every year.  One well can accept such fluids for many years, even decades. So a huge amount of stuff is injected in each year.

When the Clean Water Act was being developed, part of it was for the regulation and control of injection wells. Seeing an opportunity, there was an attempt by environmentalists to get hydraulic fracturing treated the same as injection wells even though injection wells would be under high pressure for decades and during the fracturing process, the wells are pressurized for only a couple of days. Two totally different processes and the industry was successful in getting hydraulic fracturing exempted from the rules that cover injection wells.

Envirowackjobs hate this as they lost their shot to kill the hated oil industry. Thus they lie and distort what the exemption is all about and they count on their accomplices in the liberal media and the lazy, uneducated American public to spread the lies.

Permalink Reply by Mark McGrail on August 14, 2013 at 11:20am

Jim,

Just one slight disagreement; the industry didn't get hydraulic fracturing exempted. Hydraulic fracturing was never regulated by those rules. So if fracing was never covered by the regulations how could it be considered exempt ?

In fact the legislation passed in 2005 only confirmed what had  been the status quo for 65 years that hydraulic fracturing was never regulated under the Safe Drinking Water Act. Further this reaffirmation of the status quo was was passed by bipartisan majorities of Congress, including, then Senator, Barak Obama.

Permalink Reply by Kathleen on August 14, 2013 at 3:03am
Jesse that was a great link. Thanks
Permalink Reply by Mark McGrail on August 14, 2013 at 2:26pm

Kathleen,

This is not a great link.

This is a typical anti shale tactic used by the those who are opposed to shale development.

It's "supposed" to show the exemption from regulation given to hydraulic fracturing. Which of course it does not.

This particular piece of EPA regulation deals with the UIC. It rightfully excludes underground injection of natural gas and hydraulic fracturing. These are dealt with under other regulations.

The point the anti shale development crowd wish you to believe is their false claim that hydraulic fracturing is unregulated. If that were to be believed then you would have to believe that the injection of natural gas is unregulated. It's all nonsense.

This is a perfect example of the misinformation used by the anti shale development leftists.

This is not a great link, it is a feeble attempt to promote the lie that hydraulic fracturing is unregulated.

Permalink Reply by kdj on August 14, 2013 at 2:37pm

Anyways. thanks folks. I am trying to shed light on another forum.

Permalink Reply by Kathleen on August 15, 2013 at 1:54am
Hi Mark,

I saw this article with a different eye. Many well known news sources report this issue without many points, so it was something I have to admit I was concerned about.
The way I read this article; it states it is regulated, through different agency's.
If anyone used this to try and swing my opinion it wouldn't work. It clearly states who watches what depending on what's in the water.
Didn't it say overall, the pollution act something..... Would kick in no matter what at the end of the article?
My main concern right now with fracking is a top spill or dumping. It happens, since it happens in any industry of this size.
I read an article yesterday that people are upset there is no oversight that this waste water is going through towns all over the country. Well, so is giant gasoline and diesel trucks, but no one thinks of that. I know you know.
I'm just happy to know some agency is watching if a spill happens on a site (if reported :0( ) or on the roads. To me this would also apply to storage gas and injection wells, if I read that article right.
Permalink Reply by Mark McGrail on August 14, 2013 at 3:03pm

Hydraulic fracturing exempt from federal laws ? Not close !

http://energyindepth.org/national/shale-exempt-from-federal-laws-um...

Plus there has never been any proof that hydraulic fracturing has had negative impact on human health. It's all lies.

Permalink Reply by Mark McGrail on August 14, 2013 at 3:14pm

Over twenty years of shale exploration and development; over 47,000 shale wells drilled, completed. Completion includes hydraulic fracturing. In all of that time, and with all of those wells "fraced" there has not been one proven instance of pollution due to hydraulic fracturing. Not one.

Yes, the anti shale crowd continues to crow about the safety of hydraulic fracturing, but the facts are against them. Hydraulic fracturing is fundamentally sound and safe.

Permalink Reply by Mark McGrail on August 15, 2013 at 12:47am

As usual your post doesn't prove your point.

It is not uncommon for entities to reach a settlement in order to avoid further litigation.

That is what occurred in this instance.

I suspect that the Halowich's took the deal after they admitted there were no problems with their health or that of their children.

The DEP also performed a thorough investigation and found no pollution.

Further, the original complaint made by the Halowich's does not contend that pollution was caused due to hydraulic fracturing.

BTW, it was the Halowich's that asked that the agreement be secret not Range resources.

Permalink Reply by Mark McGrail on August 15, 2013 at 1:36am

Matthew,

 I do not agree with your statement.

Hydraulic fracturing has been used for over 65 years, including over 47,000 shale wells. There has never been one instance where hydraulic fracturing was cited for pollution. Not one.

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