A Congressional investigation has concluded that oil and gas companies have injected millions of gallons of diesel fuel into onshore wells, a drilling practice that appears to violate the Safe Water Drinking Act.
The findings of the investigation, conducted by Democrats on the House Committee on Energy and Commerce, were outlined in a letter sent Monday to the Environmental Protection Agency.
The process in which the diesel is used is called hydraulic fracturing, or fracking. It involves high-pressure injections of water and other chemicals into subterranean rock formations, which creates cracks in the rocks and enables gas and oil to be more easily extracted. Environmentalists worry, however, that chemicals in the diesel fuel are contaminating nearby communities’ drinking water.
“We learned that no oil and gas service companies have sought — and no state and federal regulators have issued — permits for diesel fuel use in hydraulic fracturing,” wrote Rep. Henry Waxman, D-Calif., along with two of his Democratic colleagues from the committee, in the letter to the EPA. “This appears to be a violation of the Safe Drinking Water Act.”
While acknowledging their use of diesel fuel, oil executives charge that the process is completely legal, because the EPA never established fracking guidelines outlawing the substance.
“Everyone understands that EPA is at least interested in regulating fracking,” Matt Armstrong, a lawyer who represents the oil and gas companies, told The New York Times. “Whether the EPA has the chutzpah to try to impose retroactive liability for use of diesel in fracking, well, everyone is in a wait-and-see mode. I suspect it will have a significant fight on its hands if it tried it do that.”
Despite the lingering health concerns, the investigation, which was initiated a year ago, was unable to draw definitive conclusions about the environmental impact of fracking with diesel fuel.
The process was employed in 19 states from 2005-2009, with Texas being the most prominent site of diesel-aided fracking.
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