State and Federal Regulation of Hydraulic Fracturing: A Comparative Analysis

摘要

While hydraulic fracturing is a well-developed technology that has been used for more than 40 years, its wide-spread use for coal-bed natural gas and shale gas development has raised questions about the appropriate regulatory approach to ensure that groundwater resources are protected. In response to recent public concerns about hydraulic fracturing, Congress introduced the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act). The FRAC Act would amend the Safe Drinking Water Act (SDWA) to regulate hydraulic fracturing under the same laws and regulations that are used for the Underground Injection Control (UIC) program. Proponents of the FRAC Act assert that federal regulation is necessary to ensure protection of groundwater resources. Opponents argue that federal regulation creates a one-size-fits-all approach that is inefficient and protects poorly. In addition, they argue that states are best suited to regulate hydraulic fracturing given their ability to tailor regulatory requirements to local conditions. This paper will provide an overview of state regulation of hydraulic fracturing including some of the various approaches taken, different levels of regulatory detail, and recently adopted changes as well as changes that have been proposed, but not yet adopted. The paper will also examine how hydraulic fracturing would likely be regulated under the SDWA and discuss the pros and cons of federal regulation of hydraulic fracturing from the stand point of both regulatory burden to the industry and the potential for improved environmental protection.