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Fracking Disclosure Rules Approved In CO

ExE122 writes "Colorado has approved new measures taking a tough stance on the disclosure of chemicals used in fracking. The new law is 'requiring companies to disclose the concentrations of chemicals in addition to the chemicals themselves.' Fracking is a controversial method of natural gas extraction that raises concerns about health and safety issues to surrounding communities. This measure is said to be tougher than similar measures passed in Texas earlier this year."

35 of 279 comments (clear)

  1. Great! by harrkev · · Score: 5, Insightful

    I live in Colorado (although not near any drilling sites), and I approve of this. Public safety > trade secrets.

    --
    "-1 Troll" is the apparently the same as "-1 I disagree with you."
    1. Re:Great! by NatasRevol · · Score: 4, Informative

      Too bad the chemicals aren't required to be listed if they're trade secrets.

      "The solution was a new form requiring a company to attest — under penalty of perjury — that a chemical is proprietary."
      http://www.denverpost.com/business/ci_19542430#ixzz1gWXCPYOi

      --
      There are two types of people in the world: Those who crave closure
    2. Re:Great! by N7DR · · Score: 5, Interesting

      Apparently the greatest concentration of fracking sites in the US (possibly the world) is in south-western Weld County in Colorado. Which is where I live. From my house I can see perhaps a dozen of these drilling sites. It's always seemed bizarre to me that it's even legal to push chemicals into the ground under and around my house -- but apparently it is, because around here very few people own the mineral rights associated with the ground on which their house stands.

      But then, it's also illegal for me to capture rainwater, which seems at least equally strange.

    3. Re:Great! by elrous0 · · Score: 3, Informative

      On the upside, if you live near one of these drill sites you'll get free natural gas! It'll be through your water pipes, but hey, free's free.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:Great! by AnotherAnonymousUser · · Score: 5, Informative

      Because the water from precipitation is so low in Colorado and we're in a semi-arid climate, there's a lot of concern for the watershed and depriving the people downstream of water. Rainbarrels are technically illegal because that moisture is needed to maintain the natural flow of streams - damming, controlling, or restricting its natural flow can cause problems further down the line, or so it's proposed. But it's scarce enough on a climate level that even the rain is considered necessary.

    5. Re:Great! by Spectre · · Score: 3, Interesting

      They're exempt from the normal federal reporting requirements such as those stipulated in the federal Safe Drinking Water Act. They are not exempted from state regulations, which is why states are drafting legislation of this type. Typically any entity (person or corporation) has to comply with the regulations of all jurisdictions that apply (city, county, state, and federal for the US).

      Now, the company might be able to argue the production of the natural gas is "interstate commerce" and therefore the federal regulations trump the state regulations, but that usually fails in circumstances like this where the company is free to continue their operations as long as they follow the state's disclosure regulations (in other words, the state is in no way restricting the company's operations, merely requiring them to report in more detail exactly what they are doing - and the state is a justifiably interested party in the details of what they are doing).

      --
      "Flame away, I wear asbestos underwear"
    6. Re:Great! by Andy+Dodd · · Score: 5, Informative

      Hyrdrofracking for gas is an extremely recent development - at least in the form currently used. It was not legally possible to use the current methods of hydrofracking until the Halliburton Loophole exemptions to the Clean Water Act were pased as part of the Energy Policy Act of 2005.

      --
      retrorocket.o not found, launch anyway?
    7. Re:Great! by flyingsquid · · Score: 5, Insightful
      And this is why we need government, and why we need government regulation. In that bizarre fantasy world that the Libertarian true believers inhabit, we can let the free market take care of everything. The reality is that corporations will risk people's health, risk people's property, and risk people's lives in order to make a profit. We saw this with the Deepwater Horizon drill rig, where BP took shortcuts that killed workers, led to a disastrous oil spill, and shut down offshore oil exploration. We saw this in West Virginia, when a mine owner cut corners on safety, leading to an explosion that killed 29 people. We saw this with the paint industry, which continued to put toxic amounts of lead in paint long after this was known to be a major health risk. And we saw this with Wall Street, which gambled with billions of dollars of borrowed money, causing a financial panic that sent the economy into a recession.

      Government regulation can get out of hand. But if you just let corporations police themselves and expect the market to solve everything, then what you get is the situation in China: poison in baby formula, lead paint in children's toys, toxins in the toothpaste. Of course, if even a fraction of the health concerns raised about fracking are true, we may be closer to that situation than we'd like to think.

    8. Re:Great! by Anonymous Coward · · Score: 3, Interesting

      Guess you missed the movie - try this link:

      http://www.gaslandthemovie.com/

      The water tap this movie shows being lit on fire had this phenomenon BEFORE the fracking began. When confronted about this during an interview, the creator of the film refused to discuss it. A water well like this is sometimes called a hissing well is a natural occurance. Enjoy being duped!

    9. Re:Great! by digitalaudiorock · · Score: 4, Insightful

      Exactly...though that hasn't stopped the likes of T. Boone Pickens from claiming that it's totally safe and has been going on for "60 years". Sometimes I think the gas industries long term plans must include selling drinking water, as it may eventually be worth more than oil/gas.

    10. Re:Great! by fnj · · Score: 3, Informative

      Because that movie sure PROVES that the phracking caused the phenomenon in the water supples.

      NOT.

      What I saw was a series of anecdotes with some supporting science, but predominantly just a lot of OMG speculation. Sure, it was very disturbing, and merits scientific investigation. This regulation will help that investigation.

    11. Re:Great! by Pope · · Score: 3, Insightful

      Bullshit. In a Libertarian world, I could sue the fuckers for polluting the water table. Now they have license thanks to government regulation and are shielded from liability.

      You wouldn't have the cash to keep a lawsuit going against any company with money to burn. At this point it's a chicken/egg problem.

      --
      It doesn't mean much now, it's built for the future.
    12. Re:Great! by digitalaudiorock · · Score: 3, Insightful

      Bullshit. In a Libertarian world, I could sue the fuckers for polluting the water table. Now they have license thanks to government regulation and are shielded from liability.

      Wow....talk about backwards logic: The halliburton loophole was NOT a regulation, but an exemption from an existing regulation. The existing regulation was good, and the halliburton loophole did away with it in this case...never mind the notion that the ability to sue is somehow better than preventing the pollution in the first place(??).

    13. Re:Great! by Anonymous Coward · · Score: 5, Insightful

      Up until a week or so ago, you'd be right.

      However, the EPA has released a draft report of a study that says otherwise.

      Expect most news sources to continue to spout "the debate over fracking is likely to continue" B.S. until there is high test coming out of your ice maker. We already saw this go down with global warming: The energy companies deny everything and make the problem as bad as they can until there is irrefutable proof that the problem exists.

      Once the studies are done and the problem is confirmed to exist, they continue to make it worse (to their profit) while arguing that there is no proof that the problem is caused by them.

      The next step, once there is evidence that they are at fault, is to say that cleaning up after themselves is impossible. This will take a third round of studies to prove that cleanup is possible.

      If the offending parties face any punishment, it will be a fine that is insignificant next to the profits they've made by pissing in the community pool.

    14. Re:Great! by Derkec · · Score: 4, Interesting

      Downstream is a key component. We get rain / melt-off that is used by farmers and cities in other states as well. Water in the west is a precious thing and "ownership" of it is order dependent. Someone owns the first drop of water flowing in the river, and someone else own X gallons / time period only if there's enough left over them after the senior stakeholders are accounted for. Those rights don't care if you are upstream or downstream, but on seniority.

      With the possibility of water intensive shale oil extraction, oil companies have been buying senior water rights in Colorado for some time and then leasing them back to farmers / etc. If shale oil happens seriously, and needs the water that's predicted, things could get ugly in a hurry.

    15. Re:Great! by Adriax · · Score: 4, Insightful

      And they could go to the court with 10000x the amount of lawyer time than you could afford.

      Do all libertarians actually believe there's a cosmically enforced good/evil balance, that the little guy actually can take down the big evil groups if not for the government holding them back, and that certain metals have a universally recognized value? Or is it just the ones I've encountered?

      --
      I don't suffer from insanity, I enjoy every minute of it!
    16. Re:Great! by Anonymous Coward · · Score: 4, Informative

      I am in my late 30's and grew up hearing the term fracking, because my dad worked in the natural gas business. My uncle ran a workover rig and did frack jobs when I was a kid. So, pumping liquids deep in the ground to cause fissures in the rocks holding the gas pockets has been around for a long long time. Back then it was mostly done to older wells to get them to produce more, and today it is done more often on the front end to reduce the risks associated with re-entering existinig wells.

      If you are saying that the technology has developed over the decades and the chemical mix or the exact process has developed then sure. But to say it didnt exist is like saying that because the processor in my PC is faster now that PCs didnt exist before now.

      Based on the people I have talked to who have been doing this for decades the percentages of chemicals used has been reduced over the years in favor of a higher percentage of water. So, if what you are saying is they used to pump all kinds of stuff deep in the ground, and now the process is mostly water - then I agree.

      There is so much FUD surrounding this issue, and it is obscuring what the real concerns should be. Are there risks associated with gas and oil exploration - yes there are many. Should there be regulations on these industries - no doubt. Do we need to continue to evaluate these regulations and the safety measures as the drilling technologies and the saftey technologies develop - for sure. Are the general public and most news reporters capable of understanding and evaluating the risks vs. the amount of regulations and safety requirements - not from what I can tell.

    17. Re:Great! by mdarksbane · · Score: 4, Informative

      And the law is so complex that having 1000x the lawyering is an advantage, because...?

      Look, if we're going to assume a libertopia hypothetical, assume it all the way.

      Actually, the more educated libertarians (not the internet nut/strawmen type) do have better (or at least more developed) solutions to this problem then "take them to court in this system that is completely rigged in favor of the big companies." Mostly involving more highly developed property rights and protections. But it's a bit long to go into in slashdot comment.

      It's fairly frustrating. Most of my political conversations, if I want to defend my point at all, risk turning into a lengthy lecture on libertarian theory. Because there *is* more to it than just "government bad", but if you haven't read the economic arguments it doesn't really work...

    18. Re:Great! by Tsingi · · Score: 5, Insightful

      The billions gambled in Wall Street were backed by the government. In fact, the government you praise bail them out. How many arrests were made in the recent Wall Street scandals?

      The government deregulated Wall Street, this is the problem. I don't think anyone is praising the way any of that was (is being) handled. None of that is going to change as long as Corporations can donate unlimited money anonymously to political campaigns.

  2. Progress! by GameboyRMH · · Score: 3, Insightful

    "In 2011 Colorado passed a law forcing drilling companies to disclose what just what the hell they were pumping into the ground in massive quantities."

    Progress!

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  3. Re:Secret Sauce by LoyalOpposition · · Score: 5, Interesting

    I'm pretty sure they aren't fracking with 1000 Island dressing.

    Strangely enough, a major component of fraccing fluids is guar, which is also a major component of most salad dressings.

    ~Loyal
     

    --
    I aim to misbehave.
  4. Re:Secret Sauce by fuzzyfuzzyfungus · · Score: 5, Insightful

    Frankly, imposing almost-certainly-negative externalities on unconsenting bystanders' persons and property during the course of your business makes you the ethical equivalent of a serial mugger. It is a pity that it doesn't make you the legal equivalent of one.

    That's what I've never understood about the notion that these sorts of environmental regulations are 'anti-freedom' or 'anti-free-market'... Effectively, emitting pollutants that leave your property(as they almost always have a nasty tendency to do...) is some combination of assault and destruction of property, depending on exactly how much damage to other people's health and damage to other people's property you cause. That would seem to bring you trivially under the police power of the state to protect its citizens from violence against them by others.

    Failure to protect the people from pollution involuntarily forced on them seems different only in degree from failing to prosecute poisoners or fly-tippers. Also arguably, environmental regulations that allow some harmful levels of pollution are actually more statist; because they assert the state's right to submit everyone to damage to the benefit of specific parties(almost exactly the same thing as the almost universally reviled Kelo v. City of New London decision: The state asserting its right to involuntarily transfer part of the property of everybody to the polluter for 'economic development' purposes). The only real areas of economic regulation that would seem to be purely 'environmentalist' in motivation, as opposed to a downright libertarian exercise of the state's right and duty to protect its citizens from violence, force, and fraud, would be those that govern pollution affecting only the polluter and those who have given informed consent to the pollution(employees accepting high risk for higher pay, say, with knowledge of that risk) and those that protect species and wetlands and things in themselves even when they are fully encompassed within a single chunk of property.

    Politically, it isn't exactly a surprise that "libertarian" and "environmentalist" usually don't get along all that well; but ideologically, I've always been fascinated by how immediate, direct, property crimes for profit have no friends at all, and we can't seem to hang the perps high enough for anybody's satisfaction; but covert, indirect, property crimes for profit are eminently respectable, and have friends in all the most desirable places... (As for the case of the 'secret sauce' product, it seems like it would depend on exactly why the sauce is secret: if, as is common at the experimental edges of medicine, nobody knows exactly what the sauce will do, it would seem to be the right of a competent adult to take risk upon themselves. If the sauce is secret because I'm just not telling you what it is, it becomes much harder to argue that we have actually achieved a genuine consent in the contractual sense, since I'm deliberately keeping you in a state shy of 'informed consent' for my own convenience.)

  5. Re:Fear Uncertainty and Doubt by Beelzebud · · Score: 4, Insightful

    Yeah sure, that's why you posted anonymously with a talking points bullet list.

  6. Re:Finally got a handle on the friggin' fracking by CowTipperGore · · Score: 5, Interesting

    Soon enough? Fracturing has been done in the United States since 1947.

    And if you think today's fracking is anything like what was done in 1947, you have no business in this conversation. Industry misinformation like this is not relevant to the discussion.

  7. IT doesn't have to be new by minstrelmike · · Score: 3, Insightful

    Just because it isn't new doesn't mean it can't be dangerous. sheesh.
    Vehicles didn't cause air pollution in Los Angeles until there were a million of them.
    Infecting the Ogallala reservoir with 10ccs of anything except plutonium isn't going to poison that many people. But dumping in ten million gallos of almost anything will affect the water.
    It isn't the use of any resource that causes issues; it is only the overuse (by definition).

    1. Re:IT doesn't have to be new by gtall · · Score: 3, Insightful

      Just to be fair, the ground water we use for drinking is generally at a might higher elevation than the level at which fracking occurs. However, any fissures in the rock between the two will cause contamination. And that is something the frackers can never protect against since they have no idea where those fissures occur.

  8. Re:Fear Uncertainty and Doubt by skids · · Score: 4, Insightful

    Seriously - what are the chances of these chemicals migrating upward through a couple miles of solid rock

    Well, that would be kind of hard to independently assess without actually knowing what chemicals to test the water for, which is kind of the point of the law under discussion.

  9. Re:"A controversial method of natural gas extracti by BitwiseX · · Score: 3, Informative

    Hydraulic fracturing for stimulation of oil and natural gas wells was first used in the United States in 1947.[2][3] It was first used commercially by Halliburton in 1949,[2] and because of its success in increasing production from oil wells was quickly adopted, and is now used worldwide in tens of thousands of oil and natural gas wells annually. The first industrial use of hydraulic fracturing was as early as 1903, according to T.L. Watson.[4] Before that date, hydraulic fracturing was used at Mt. Airy Quarry, near Mt Airy, North Carolina where it was (and still is) used to separate granite blocks from bedrock.

    http://en.wikipedia.org/wiki/Hydraulic_fracturing_in_the_United_States
    OK, so it's been around awhile..

    With the explosive growth of natural gas wells in the US, researcher Valerie Brown predicted in 2007 that "public exposure to the many chemicals involved in energy development is expected to increase over the next few years, with uncertain consequences."[24] As development of natural gas wells in the U.S. since the year 2000 has increased, so too have claims by private well owners of water contamination. This has prompted EPA and others to re-visit the topic.

    http://en.wikipedia.org/wiki/Hydraulic_fracturing
    and it's getting more prevalent...

    I don't think anybody is saying that it's "suddenly" causing problems. It seems like the concern is the growth. As much as I dislike using a car analogy, I think if we hadn't have chosen automobiles as our primary form of transportation, we wouldn't have emission standards and the like, because what makes it an issue is quantity. We'd be fools to not question or investigate this, especially since fracking is questioned international. It's being investigated in many countries, and it's already banned/stopped in others. What if they're right?

  10. Re:Finally got a handle on the friggin' fracking by Andy+Dodd · · Score: 4, Informative

    Evidence that this is different?

    Energy Policy Act of 2005 - specifically the Halliburton Loophole exemptions to the Safe Drinking Water Act.

    Fracking for gas didn't "take off" until that loophole was passed - so clearly SOMETHING they are doing is different that the loophole enables them to do.

    The problem is that the same exemption allows them to hide what they are doing.

    --
    retrorocket.o not found, launch anyway?
  11. Re:For a nice audio visual aid to fracking: by Andy+Dodd · · Score: 4, Informative

    Except that wells that have run clean for decades started showing signs of contamination within months of drilling commencing.

    Dimock, PA had clean water for decades in their wells - not any more.

    --
    retrorocket.o not found, launch anyway?
  12. Re:Finally got a handle on the friggin' fracking by CowTipperGore · · Score: 4, Informative

    Evidences that it's different? NO? I didn't think so.

    Evidence? Anyone who has spent 10 minutes caring about this issue knows there are significant differences. Let me save you a few keystrokes on Google and start with much deeper wells, moving from vertical wells to horizontal ones, and greatly increasing the amount of fluids used and waste generated.

    Irrelevant i any case, there is no evidence fracking impacts any water supply.

    You're a bit behind the times I'm afraid. Again, let me save you a trip to Google:

    This information might have been out there for you years ago had Cheney not inserted his Haliburton exemption in his energy bill back in 2005.

  13. Re:Secret Sauce by Migraineman · · Score: 3, Funny

    Mayor McCheese seeks a restraining order to prevent you from disclosing his trade secrets.

    Wow, I had forgotten about Captain Crook and The Professor.

  14. Threat to Water Quality is Even Worse by Phoenix666 · · Score: 4, Informative

    My sister owns a water quality lab in Montana. Every town is required to test their water supply regularly for biological and chemical contaminants and for years they have submitted their samples via regular mail to labs like my sister's for testing. Except that the EPA has shortened the window for getting your samples in to a lab from 48 hours to 30 hours, which the Post Office cannot manage with current levels of service. UPS and FedEx don't serve many rural areas, so there is no way for many towns to test their water any more. Add in large, imminent cutbacks at the USPS, and you have a looming public health crisis as it is.

    Now with the advent of fracking in the state there is a real possibility thousands of people will be poisoned by ground water contamination, but thanks to the breakdown in the testing it won't be discovered until it's far too late.

    Winning more natural gas is a plus for energy independence, but if we're doing that at the cost of putting benzene into our drinking water then perhaps we need to look at other ways to generate power.

    --
    Do what you can, with what you have, where you are.
  15. Re:EPA report is flawed - they drilled down to gas by pavon · · Score: 3, Informative

    No they intentionally drilled to the same depth as fracking operations in order to determine the extent of horizontal transfer of fracking fluids and how much fluid was left after being pumped out. This was in addition to testing at normal water well depth. Their paper lists as a regret that they were not able to drill to intermediate depths to better understand how the fluids are moving.

    The majority of Encana "refutations" are pure bullshit, and the few minor issues that aren't are mentioned in the EPA report as limitations of the current study. In particular the EPA report does compare the current water well against historical values, contrary to that propaganda piece you linked.

  16. The Irony of Fracking Fluids by bradorsomething · · Score: 3, Interesting

    A little science from a former Petroleum Engineer:

    Fracking occur in 2 stages. In the First Stage, a series of pumping trucks are lined up and push a goopy gel into the ground, who's whole purpose is to carry grains of sand deep into the fractures created by the overpressure. The exact composition of this snot-like mixture is considered a trade secret, because of its ability to perform in stage two.

    In the Second Stage, a "breaker fluid" is pumped into the well, which is supposed to instantly liquify the goop and allow it to flow out, leaving the sand grains to prop open the cracks. Opinions vary on how well this process works; I worked on the oil company side, so I can tell you, it doesn't always work. Sometimes your well is gummed up with snot, especially if they don't pump the breaker long enough.

    Both the propellant and the breaker are trade secret compositions, but both probably have some interesting chemical comps.

    The irony here is that an old friend of mine said that after a frack job ruined a very lucrative well, he started insisting that water and sand be the only fluids used in his frack jobs. He said the pumping companies pitched a fit, but he got some of the best, most improved fractures of his career using sand and water.