Anniversary i 1' l. {i Oil&das July 1,2010 The Honorable Jeff Bingaman Chairman U.S. Senate Committee on Energy Natural Resources 304 Dirksen Senate Building Washington, DC 20510 The Honorable Henry A. Waxman Chairman U.S. Committee on Energy and Commerce 2125 Rayburn House Of?ce Building Washington, DC 20515 Dear Chairmen Bingaman and Waxman: We are writing on behalf of the governors of the 30 member states and 8 associate member states of the Interstate Oil and Gas Compact Commission Our member states account for virtually all of our nation?s onshore production ofcrude oil and natural gas. Our states are the primary regulators of oil and natural gas exploration and development on public and private lands in the United States with the goal of protecting human health and the environment always in the forefront. A crucial component of thatjob is protecting the ground and surface waters during oil and natural gas exploration and production activities. The purpose of this letter is to provide you with a copy of Resolution 09.011 clearly enunciating the position of the and its member states on the issue of hydraulic fracturing. The is concerned that some in Congress may attempt to repeal language in Section 322 of the Energy Policy Act of 2005 (EPACT 2005), which affirms state regulatmy jurisdiction. Hydraulic fracturing is an important part of completing a huge percentage of the oil and gas wells drilled in the United States ever year. Each member state of the handles hydraulic fracturing on a state by state basis. State regulators have been protecting our nation?s drinking water for over 60 years and in some instances over 80 years. It is a proven and safe technology that makes wells more productive. Without hydraulic fracturing the United States would be producing a fraction of the oil and natural gas it is currently producing and would be even more dependent on foreign energy sources. The ability of producers to hydraulically fracture their wells is critically important to this country?s ability to maximize the amount of oil and natural gas we produce domestically to supply our critical domestic needs. In the decades during which this technique has been employed by industry under the supervision of state regulators, it has proven to be an extremely safe and environmentally benign technology. The and its member states oppose repeal of Section 322 of EPACT 2005 because repeal would not1 as some contend, result in cleaner drinking water in the United States. Regulations already exist in every state that produces oil and natural gas to protect ground water from all oil and natural gas drilling activity, including hydraulic fracturing. Additional regulation at the national level would not result in cleaner water but merely increase operating costs and regulatory uncertainty. surveys conducted in 2002 and 2008 along with an extensive EPA study in 2004 found no contamination of drinking water wells by hydraulic fracturing (the EPA study was focused on the hydraulic fracturing of coal bed methane wells since such wells are traditionally closer to underground sources of drinking water than are other oil and natural gas wells). Should you have any additional questions or concerns regarding the safety of hydraulic fracturing in the United States, I have provided a list containing the names and telephone numbers of the oil and natural gas regulators in all of the member states. 1 would encourage you to call your state?s regulator if your state is on the list or if your state is not, any other regulator on the list. As the states? on?the-ground experts on oil and natural gas develOpment, they understand hydraulic fracturing as well as anyone and can share with you their personal experience as to the safety of hydraulic fracturing. Please do not hesitate to contact Executive Director Mike Smith at (405)525-3556 should you have any additional questions regarding the hydraulic fracturing process or states? efforts to protect the environment. Sincerely, :7 if! l/ri . /C'le .7 Rick rry Brad Henry Governor of Texas Governor of Oklahoma Chairman of the Interstate Oil and Gas 2009 Chairman of the Interstate Oil a Gas 3 Compact Commission Compact Commission cc: 106 CC Member Governors Enclosure: Resolution 09.1] 1 Anniversary ENTERSTATE ?5 Oil&Gas COMPACT RESOLUTION 09.0? Urging Congress Not To Remove Exemption Of Hydraulic Fracturing From Provisions Of The Safe Drinking Water Act WHEREAS, the United States Congress passed the Safe Drinking Water Act 42 U.S.C. 300h) (SDWA) to assure the protection of the nation?s drinking water sources; and, WHEREAS, since the enactment of the SDWA, the EPA had never interpreted hydraulic fracturing as constituting ?underground injection? within the and, WHEREAS, the United States 11th Circuit Court of Appeals ruled that hydraulic fracturing constituted ?underground injection? under the SDWA (Legal Environmental Assistance Foundation v. United States Environmental Protection Agency (EPA), 1 18 F3d 1467 (11th Cir. 1997)); and, WHEREAS, in 2004, EPA published a ?nal report summarizing a study to evaluate the potential threat to underground sources of drinking water (USDWs) from hydraulic fracturing of coalbed methane (CBM) production wells and EPA concluded that ?additional or further study is not warranted at this time . . and ?that the injection of hydraulic fracturing fluids into CBM wells poses minimal threat to and, WHEREAS, the United States Congress, in the Energy Policy Act of 2005, explicitly exempted hydraulic fracturing from the provisions of the and, WHEREAS, the IOGCC conducted a survey of oil and gas producing states which found that there were no known cases of ground water contamination associated with hydraulic fracturing; and, WHEREAS, hydraulic fracturing is currently, and has been for decades, a common operation used in exploration and production by the oil and gas industry in all the member states of the Interstate Oil and Gas Compact Commission (IOGCC) without groundwater damage; and, WHEREAS, approximately 35,000 wells are hydraulically fractured annually in the United States and close to one million wells have been hydraulically fractured in the United States since the technique?s inception, with no known harm to groundwater; and, WHEREAS, the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the province of the states; and, History: New resolution sublnittedftianuary?I'Z, 32006, by the IEGCC Steering Committee Approved, Special Telephonic Business Committee Meeting, January 9, 2009 @900 INTERSTATE Oil&Gas . COMPACT COMMISSION Anniversary WHEREAS, the SDWA was never intended to grant to the federal government authority to regulate oil and gas drilling and production operations, such as ?hydraulic fracturing,? under the Underground Injection Control program; and, WHEREAS, the member states of the IOGCC have adopted comprehensive laws and regulations to provide for safe operations and to protect the nation?s drinking water sources, and have trained personnel to effectively regulate oil and gas exploration and production; and, WHEREAS, production of coal seam natural gas, natural gas from shale formations and natural gas from tight conventional reservoirs is increasingly important to domestic natural gas supply and will be even more in important in the future; and, WHEREAS, hydraulic fracturing plays a major role in the development of virtually all unconventional oil and gas resources and, thus, should not be limited in the absence of any evidence that such fracturing has damaged the environment; and, WHEREAS, regulation of hydraulic fracturing as underground injection under the SDWA would impose signi?cant administrative costs on the state and substantially increase the cost of drilling oil and gas wells with no resulting environmental bene?ts; and, WHEREAS, regulation of hydraulic fracturing as underground injection under the SDWA would increase energy costs to the consumer, NOW, THEREFORE, BE IT RESOLVED, the IOGCC hereby declares its support for maintaining the exemption of hydraulic fracturing from the provisions of the SDWA and urges the Congress of the United States to not pass legislation that removes the exemption for hydraulic fracturing. as? 'i History: New resolution 2005, by the IOGCC Steering ?omnutfee Approved, Special Telephonic Business Committee Meeting, January 9, 2009 Resolution to Retain State Authority over Hydraulic Fracturing - ALEC - American Legislative Exchange Council 6/29/15, 1:31 AM Donate Join ALEC Search Limited Government · Free Markets · Federalism About Blog Task Forces Initiatives Meetings Membership Publications Press Room Model Policy Resolution to Retain State Authority over Hydraulic Fracturing Search in Model Policies: Search Model Policies... Keyword Tags 2013 Annual Meeting 2013 SNPS 2014 Annual Meeting 2014 SNPS 2014 STFS ACCE Accountability Accounting Admissibility ADR Agriculture Air Quality Alternative Energy Standard Alternative Fuels Resolution to Retain State Authority over Hydraulic Fracturing WHEREAS, Hydraulic fracturing is a proven technology with a long history of environmentally safe use in the completion of oil and gas wells; and WHEREAS, The oil and gas producing States regulate hydraulic fracturing as a component of their regulatory problems for the drilling, completion, operation, and plugging of oil and gas wells; and WHEREAS, The reservoirs that produce oil and gas are highly variable geologically and separated geographically across the oil and gas producing States such that State regulatory agencies are best suited by local expertise and experience to effectively regulate hydraulic fracturing; and WHEREAS, State regulatory agencies are the most appropriate regulatory bodies to provide oversight and protection of hydrologically and environmentally sensitive localities as they relate to hydraulic fracturing; and WHEREAS, The regulation of hydraulic fracturing under the Federal Safe Drinking Water Act would add burdensome and unnecessary regulatory requirements to the drilling and completion of oil and gas wells, thereby increasing costs of producing domestic natural gas resources without any ancillary benefit to public health, safety or the environment; and WHEREAS, The increased cost of producing domestic natural gas resources will reduce domestic supplies of natural gas, increase utility prices, and other costs to consumers, reduce tax and royalty revenues for local, State, and federal governments; and increase the nation’s dependence on foreign energy imports; and Animal Appeal Bond Article V Asbestos Bad Faith Balanced Budget Amendment Biotechnology Broadband Budget Canada Carbon Emissions WHEREAS, The Interstate Oil and Gas Compact Commission (IOGCC) conducted a survey of oil and gas producing States, which found that there were no known cases of ground water contamination associated with hydraulic fracturing, and set forth its opposition to federal regulation of hydraulic fracturing under the underground injection control program in Resolution 09.011, dates January 7, 2009, “Urging Congress Not to Remove Exemption of Hydraulic Fracturing from Provisions of the Safe Drinking Water Act;”; and WHEREAS, the states’ public utility commissioners represented by The National Association of Regulatory Utility Commissioners adopted a similar resolution in July 2009; NOW, THEREFORE BE IT RESOLVED, That the American Legislative Exchange Council supports continued jurisdiction of the States to conserve and properly regulate oil and gas production in their unique geological and geographical circumstances. Carbon Tax Approved by the ALEC Board of Directors in 2009. Charity Reapproved by the ALEC Board of Directors January 9, 2015. Charter Schools Chemicals Child Protection Keyword Tags: 2014 SNPS, Energy Environment and Agriculture Task Force, Fracking, Hydraulic Fracturing, Natural Gas, state sovereignty Child Safety Choice Civil Justice Task Force Task Forces Claims http://www.alec.org/model-legislation/resolution-to-retain-state-authority-over-hydraulic-fracturing/ Page 1 of 2 Resolution to Retain State Authority over Hydraulic Fracturing - ALEC - American Legislative Exchange Council Class Actions 6/29/15, 1:31 AM Energy, Environment and Agriculture Clean Air Act Clean Energy Standard Clean Water Act Climate Climate Change © 2015 ALEC – American Legislative Exchange Council. Privacy Policy Terms of Use Media Policy Press Room Contact ALEC Blog http://www.alec.org/model-legislation/resolution-to-retain-state-authority-over-hydraulic-fracturing/ ALEC Facebook ALEC Twitter Page 2 of 2 26-LS0730\R SENATE JOINT RESOLUTION NO. 14 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY-SIXTH LEGISLATURE - FIRST SESSION BY SENATORS THERRIAULT, Wagoner, Dyson, Bunde, Menard Introduced: 3/13/09 Referred: Resources A RESOLUTION 1 Urging Congress not to remove the exemption for hydraulic fracturing from the 2 provisions of the Safe Drinking Water Act. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 5 WHEREAS the United States Congress passed the Safe Drinking Water Act (42 U.S.C. 300h) to ensure the protection of the nation's drinking water resources; and 6 WHEREAS, after the enactment of the Safe Drinking Water Act, the Environmental 7 Protection Agency never interpreted hydraulic fracturing as constituting "underground 8 injection" under the Safe Drinking Water Act; and 9 WHEREAS the United States Court of Appeals for the Eleventh Circuit held, in 10 Legal Environmental Assistance Foundation v. United States Environmental Protection 11 Agency, 118 F.3d 1467 (11th Cir. 1997), that hydraulic fracturing constituted "underground 12 injection" under the Safe Drinking Water Act; and 13 WHEREAS, in 2004, the Environmental Protection Agency published a final report 14 that summarized a study evaluating the potential threat to underground sources of drinking 15 water from hydraulic fracturing of coalbed methane production wells that concluded that 16 "additional or further study is not warranted at this time" and that "the injection of hydraulic SJR014A -1New Text Underlined [DELETED TEXT BRACKETED] SJR 14 26-LS0730\R 1 fracturing fluids into [coal bed methane] wells poses minimal threat to [underground sources 2 of drinking water]"; and 3 WHEREAS the United States Congress, in the federal Energy Policy Act of 2005, 4 explicitly exempted hydraulic fracturing from the provisions of the Safe Drinking Water Act; 5 and 6 WHEREAS the Interstate Oil and Gas Compact Commission conducted a survey of 7 oil and gas producing states that found no known cases of groundwater contamination 8 associated with hydraulic fracturing; and 9 WHEREAS hydraulic fracturing is now, and has been for decades, a common method 10 used by the oil and gas industry in all of the member states of the Interstate Oil and Gas 11 Compact Commission in exploration and production activities, without causing groundwater 12 damage; and 13 WHEREAS, each year, approximately 35,000 wells are hydraulically fractured in the 14 United States and, since the technique's inception, close to 1,000,000 wells have been 15 hydraulically fractured in the United States, with no known harm to groundwater; and 16 17 WHEREAS the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the province of the states; and 18 WHEREAS the Safe Drinking Water Act was never intended to grant to the federal 19 government authority to regulate oil and gas drilling and production operations such as 20 hydraulic fracturing under the Underground Injection Control program; and 21 WHEREAS the member states of the Interstate Oil and Gas Compact Commission 22 have adopted comprehensive laws and regulations to protect the nation's drinking water 23 resources and have trained personnel to effectively regulate oil and gas exploration and 24 production; and 25 WHEREAS production of coal seam natural gas, natural gas from shale formations, 26 and natural gas from tight conventional reservoirs is increasingly important to the domestic 27 natural gas supply and will be even more important in the future; and 28 WHEREAS regulation of hydraulic fracturing under the Safe Drinking Water Act on 29 Alaska's North Slope or in Cook Inlet is unwarranted because these areas do not serve as 30 sources of underground potable water; and 31 WHEREAS hydraulic fracturing plays a major role in the development of oil and gas SJR 14 -2New Text Underlined [DELETED TEXT BRACKETED] SJR014A 26-LS0730\R 1 resources and, thus, in the absence of evidence that such fracturing has damaged the 2 environment, should not be limited; and 3 WHEREAS regulation of hydraulic fracturing as a category of underground injection 4 under the Safe Drinking Water Act will impose significant administrative costs on the state 5 and substantially increase the cost of drilling oil and gas wells, with no resulting 6 environmental benefits; and 7 8 WHEREAS regulation of hydraulic fracturing as a category of underground injection under the Safe Drinking Water Act will increase energy costs to the consumer; 9 BE IT RESOLVED that the Alaska State Legislature hereby declares its support for 10 maintaining the exemption of hydraulic fracturing from the provisions of the Safe Drinking 11 Water Act and urges the United States Congress not to pass legislation that will remove the 12 exemption for hydraulic fracturing. 13 COPIES of this resolution shall be sent to the Honorable Barack Obama, President of 14 the United States; the Honorable Joseph R. Biden, Jr., Vice-President of the United States and 15 President of the U.S. Senate; and the Honorable Lisa Murkowski and the Honorable Mark 16 Begich, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the 17 Alaska delegation in Congress. SJR014A -3New Text Underlined [DELETED TEXT BRACKETED] SJR 14 Page 1 of 2 Rep(s). By Representatives Allen, Buskey, Guin, Scott, McClurkin, Mask and Harper HJR254 ENROLLED, House Joint Resolution, REQUESTING CONGRESS TO PRESERVE THE PRIMACY OF THE STATE OIL AND GAS BOARD OF ALABAMA TO REGULATE HYDRAULIC FRACTURING IN COMPLIANCE WITH DECADES OLD STATE REGULATIONS AND NOT TO ENACT ANY FUTURE LEGISLATION THAT WOULD REMOVE THIS PRIMACY. WHEREAS, the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the province of the states; and WHEREAS, approximately 35,000 wells are hydraulically fractured annually in the United States and nearly 1,000,000 wells have been hydraulically fractured in the United States since the technique's inception, with no known harm to groundwater; and WHEREAS, production of coal seam natural gas, natural gas from shale formations, and natural gas from tight conventional reservoirs is increasingly important to domestic natural gas supply and will be more important in the future; and WHEREAS, Alabama was a pioneer in both the development of coal seam natural gas and the hydraulic fracturing technology necessary to make production economic; and WHEREAS, coal seam gas now accounts for about 40 percent of all natural gas produced in Alabama because of successful implementation of hydraulic fracturing; and WHEREAS, domestic production of natural gas will ensure that the United States continues on the path to energy independence; and WHEREAS, hydraulic fracturing plays a major role in the development of virtually all unconventional oil and gas resources and, thus, should not be limited in the absence of any evidence that hydraulic fracturing has damaged the environment; and WHEREAS, the United States Congress passed the Safe Drinking Water Act, 42 U.S.C. § 300h (SDWA) to assure the protection of the nation's drinking water sources; and WHEREAS, since the enactment of the SDWA, the United States Environmental Protection Agency (EPA) has never interpreted hydraulic fracturing as constituting "underground injection" within the SDWA; and WHEREAS, in 2004, the EPA published a final report summarizing a study to evaluate the potential threat to underground sources of drinking water (USDWs) from hydraulic fracturing of coalbed methane (CBM) production wells and concluded that "additional or further study is not warranted at this time" and that "the injection of hydraulic fracturing fluids into CBM wells poses minimal threat to USDWs"; and WHEREAS, the United States Congress, in the Energy Policy Act of 2005, explicitly exempted http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009rs/resolutions/hjr25... 10/13/2010 Page 2 of 2 hydraulic fracturing from the provisions of the SDWA; and WHEREAS, the Interstate Oil and Gas Compact Commission (IOGCC) conducted a survey of oil and gas producing states and found that there were no known cases of ground water contamination associated with hydraulic fracturing; and WHEREAS, hydraulic fracturing is currently, and has been for decades, a common operation used in exploration and production by the oil and gas industry in all the member states of the IOGCC without groundwater damage; and WHEREAS, the SDWA has never intended to grant to the federal government authority to regulate oil and gas drilling and production operations, such as "hydraulic fracturing," under the Underground Injection Control Program; and WHEREAS, the member states of the IOGCC have adopted comprehensive laws and regulations to provide for safe operations and to protect the nation's drinking water sources, and have trained personnel to effectively regulate oil and gas exploration and production; and WHEREAS, regulation of hydraulic fracturing as underground injection under the SDWA would impose significant administrative costs on the state and substantially increase the cost of drilling oil and gas wells with no resulting environmental benefits; and WHEREAS, the United States Department of Energy recently studied the impacts of subjecting hydraulic fracturing to the EPA Underground Injection Control Program and projected it would add an average of more than $100,000 in costs to each new natural gas well requiring fracturing, resulting in billions of dollars in deferred investment, reductions of 35 percent to 50 percent in new drilling for unconventional natural gas, foregone reserve additions of as much as 50 trillion cubic feet of natural gas, and foregone royalties from gas of nearly 50 billion dollars over 25 years; and WHEREAS, regulation of hydraulic fracturing as underground injection under the SDWA would increase energy costs to the consumer; now therefore, BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That the Alabama Legislature hereby declares its support for the State Oil and Gas Board of Alabama maintaining primacy for the regulation of hydraulic fracturing and urges the Congress of the United States not to pass legislation that would remove state primacy for hydraulic fracturing by regulating the practice under the Safe Drinking Water Act. BE IT FURTHER RESOLVED, That copies of this resolution be sent forthwith to the President of the United States, to the President of the Senate, and the Speaker of the House of Representatives of the United States Congress and to the members of the Alabama Congressional Delegation. http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009rs/resolutions/hjr25... 10/13/2010 HLS 09RS-1501 ORIGINAL Regular Session, 2009 HOUSE CONCURRENT RESOLUTION 38 BY REPRESENTATIVE HARRISON ENERGY/DRILLING: Memorializes congress to maintain the exemption from the Safe Drinking Water Act for hydraulic fracturing 1 A CONCURRENT RESOLUTION 2 To memorialize the United States Congress to take such actions as are necessary to preserve 3 and maintain the exemption from the Safe Drinking Water Act for hydraulic 4 fracturing. 5 WHEREAS, the Safe Drinking Water Act (SDWA) was originally passed by 6 congress in 1974 to protect public health by regulating the nation's public drinking water 7 supply; and 8 WHEREAS, since the 1974 enactment of the Safe Drinking Water Act, the 9 Environmental Protection Agency (EPA) has never interpreted hydraulic fracturing as 10 constituting "underground injection" within the definitions of the SDWA; and 11 WHEREAS, in 2004, the EPA published a final report summarizing a study that 12 evaluated the potential threat to underground drinking water sources from hydraulic 13 fracturing of coal bed methane production wells and the EPA concluded that "the injection 14 of hydraulic fracturing fluids into coal bed methane wells poses minimal threat" to 15 underground sources of drinking water and that "additional or further study is not 16 warranted at this time . . ."; and 17 18 WHEREAS, in the Energy Policy Act of 2005, the United States Congress explicitly exempted hydraulic fracturing from the provisions of the Safe Drinking Water Act; and 19 WHEREAS, the Interstate Oil and Gas Compact Commission (IOGCC) conducted 20 a survey of oil and gas producing states which found that there were no known cases of 21 groundwater contamination associated with hydraulic fracturing; and Page 1 of 3 HLS 09RS-1501 ORIGINAL HCR NO. 38 1 WHEREAS, hydraulic fracturing is currently, and has been for decades, a common 2 practice used in exploration and production by the oil and gas industry in all IOGCC 3 member states without groundwater damage; and 4 WHEREAS, approximately thirty-five thousand wells are hydraulically fractured in 5 the United 6 States annually, and close to a million wells have been hydraulically fractured in the United 7 States since the technique's inception, all with no known harm to groundwater; and 8 WHEREAS, the regulation of oil and gas exploration and production activities, 9 including hydraulic fracturing, has traditionally been the responsibility of the states and the 10 Safe Drinking Water Act was never intended to grant to the federal government authority 11 to regulate oil and gas drilling and production operations, such as "hydraulic fracturing", 12 which is regulated under the Underground Injection Control program; and 13 WHEREAS, the individual member states of the IOGCC have adopted 14 comprehensive laws and regulations to provide safe operations and to protect the nation's 15 drinking water sources, and have trained personnel to effectively regulate oil and gas 16 exploration and production; and 17 WHEREAS, production of coal seam natural gas, natural gas from shale formations, 18 and natural gas from tight conventional reservoirs is becoming increasingly important to our 19 domestic natural gas supply and will be even more important in the future; and 20 21 WHEREAS, continued and expanded domestic production of natural gas will help ensure that the United States continues on the path to energy independence; and 22 WHEREAS, hydraulic fracturing plays a major role in the development of virtually 23 all unconventional oil and gas resources and regulation of hydraulic fracturing as 24 underground injection under the Safe Drinking Water Act would impose significant 25 administrative costs on the states and substantially increase the cost of drilling oil and gas 26 wells with no resulting environmental benefits; and 27 WHEREAS, in addition to increasing the costs both to the producers of oil and gas 28 resources and the states for regulation of hydraulic fracturing as underground injection under 29 the SDWA, the costs to the consumer would also increase if hydraulic fracturing was limited 30 or prohibited. Page 2 of 3 HLS 09RS-1501 ORIGINAL HCR NO. 38 1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 2 memorialize the United States Congress to take such actions as are necessary to preserve and 3 maintain the exemption from the Safe Drinking Water Act for hydraulic fracturing. 4 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the 5 presiding officers of the Senate and the House of Representatives of the Congress of the 6 United States of America and to each member of the Louisiana congressional delegation. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Harrison HCR No. 38 Memorializes congress to take such actions as are necessary to preserve and maintain the exemption from the Safe Drinking Water Act for hydraulic fracturing. Page 3 of 3 MISSISSIPPI LEGISLATURE REGULAR SESSION 2009 By: Senator(s) Moffatt, Dearing, Mettetal, King, Jackson (11th), Jordan, Butler To: SENATE CONCURRENT RESOLUTION NO. 1 2 3 4 5 Rules 636 A CONCURRENT RESOLUTION REQUESTING UNITED STATES CONGRESS TO PRESERVE THE PRIMACY OF THE STATE OIL AND GAS BOARD OF MISSISSIPPI TO REGULATE HYDRAULIC FRACTURING IN COMPLIANCE WITH DECADES OLD STATE REGULATIONS AND NOT TO ENACT ANY FUTURE LEGISLATION THAT WOULD REMOVE THIS PRIMACY. 6 WHEREAS, the regulation of oil and gas exploration and 7 production activities, including hydraulic fracturing, has 8 traditionally been the province of the states; and 9 WHEREAS, approximately 35,000 wells are hydraulically 10 fractured annually in the United States and nearly 1,000,000 wells 11 have been hydraulically fractured in the United States since the 12 technique's inception, with no known harm to groundwater; and 13 WHEREAS, production of coal seam natural gas, natural gas 14 from shale formations, and natural gas from tight conventional 15 reservoirs is increasingly important to domestic natural gas 16 supply and will be more important in the future; and 17 WHEREAS, Mississippi has been a pioneer in both the 18 development of coal seam natural gas and the hydraulic fracturing 19 technology necessary to make production economic; and 20 WHEREAS, domestic production of natural gas will ensure that 21 the United States continues on the path to energy independence; 22 and 23 WHEREAS, hydraulic fracturing plays a major role in the 24 development of virtually all unconventional oil and gas resources 25 and, thus, should not be limited in the absence of any evidence 26 that hydraulic fracturing has damaged the environment; and S. C. R. No. 636 09/SS01/R1579 PAGE 1 *SS01/R1579* N1/2 27 WHEREAS, the United States Congress passed the Safe Drinking 28 Water Act, 42 U.S.C. Section 300h (SDWA) to assure the protection 29 of the nation's drinking water sources; and 30 WHEREAS, since the enactment of the SDWA, the United States 31 Environmental Protection Agency (EPA) has never interpreted 32 hydraulic fracturing as constituting "underground injection" 33 within the SDWA; and 34 WHEREAS, in 2004, the EPA published a final report 35 summarizing a study to evaluate the potential threat to 36 underground sources of drinking water (USDWs) from hydraulic 37 fracturing of coalbed methane (CBM) production wells and concluded 38 that "additional or further study is not warranted at this time" 39 and that "the injection of hydraulic fracturing fluids into CBM 40 wells poses minimal threat to USDWs"; and 41 WHEREAS, the United States Congress, in the Energy Policy Act 42 of 2005, explicitly exempted hydraulic fracturing from the 43 provisions of the SDWA; and 44 WHEREAS, the Interstate Oil and Gas Compact Commission 45 (IOGCC) conducted a survey of oil and gas producing states and 46 found that there were no known cases of ground water contamination 47 associated with hydraulic fracturing; and 48 WHEREAS, hydraulic fracturing is currently, and has been for 49 decades, a common operation used in exploration and production by 50 the oil and gas industry in all the member states of the IOGCC 51 without groundwater damage; and 52 WHEREAS, the SDWA has never intended to grant to the federal 53 government authority to regulate oil and gas drilling and 54 production operations, such as "hydraulic fracturing," under the 55 Underground Injection Control Program; and 56 WHEREAS, the member states of the IOGCC have adopted 57 comprehensive laws and regulations to provide for safe operations 58 and to protect the nation's drinking water sources, and have S. C. R. No. 636 09/SS01/R1579 PAGE 2 *SS01/R1579* 59 trained personnel to effectively regulate oil and gas exploration 60 and production; and 61 WHEREAS, regulation of hydraulic fracturing as underground 62 injection under the SDWA would impose significant administrative 63 costs on the state and substantially increase the cost of drilling 64 oil and gas wells with no resulting environmental benefits; and 65 WHEREAS, the United States Department of Energy recently 66 studied the impacts of subjecting hydraulic fracturing to the EPA 67 Underground Injection Control Program and projected it would add 68 an average of more than $100,000 in costs to each new natural gas 69 well requiring fracturing, resulting in billions of dollars in 70 deferred investment, reductions of 35% to 50% in new drilling for 71 unconventional natural gas, foregone reserve additions of as much 72 as 50 trillion cubic feet of natural gas, and foregone royalties 73 from gas of nearly $50 Billion over 25 years; and 74 WHEREAS, regulation of hydraulic fracturing as underground 75 injection under the SDWA would increase energy costs to the 76 consumer: 77 NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF 78 MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That 79 the Legislature hereby declares its support for the State Oil and 80 Gas Board of Mississippi maintaining primacy for the regulation of 81 hydraulic fracturing and urges the Congress of the United States 82 not to pass legislation that would remove state primacy for 83 hydraulic fracturing by regulating the practice under the Safe 84 Drinking Water Act. 85 BE IT FURTHER RESOLVED, That copies of this resolution be 86 sent forthwith to the President of the United States, to the 87 President of the Senate, and the Speaker of the House of 88 Representatives of the United States Congress and to the members 89 of the Mississippi Congressional Delegation, and be made available 90 to the Capitol Press Corps. S. C. R. No. 636 09/SS01/R1579 PAGE 3 *SS01/R1579* ST: Urge Congress to preserve primacy of State of Mississippi to regulate hydraulic fracturing. 93082.0100 Sixty-first Legislative Assembly of North Dakota SENATE CONCURRENT RESOLUTION NO. 4020 Introduced by Senators O'Connell, Grindberg, Wardner Representatives Berg, S. Meyer, Skarphol 1 A concurrent resolution urging Congress to preserve the exemption of hydraulic fracturing from 2 the provisions of the Safe Drinking Water Act and to not enact legislation that removes the 3 exemption for hydraulic fracturing. 4 5 6 WHEREAS, Congress enacted the Safe Drinking Water Act to ensure the protection of the nation's drinking water sources; and WHEREAS, since enactment of the Safe Drinking Water Act, the Environmental 7 Protection Agency has never interpreted hydraulic fracturing as constituting "underground 8 injection" under the Safe Drinking Water Act; and 9 WHEREAS, in 2004 the Environmental Protection Agency published a final report 10 summarizing a study to evaluate the potential threat to underground sources of drinking water 11 from hydraulic fracturing of coalbed methane production wells and the Environmental Protection 12 Agency concluded that "additional or further study is not warranted at this time..." and that "the 13 injection of hydraulic fracturing fluids into coalbed methane wells poses minimal threat to the 14 underground sources of drinking water"; and 15 16 WHEREAS, Congress, in the Energy Policy Act of 2004, explicitly exempted hydraulic fracturing from the provisions of the Safe Drinking Water Act; and 17 WHEREAS, the Interstate Oil and Gas Compact Commission conducted a survey of 18 North Dakota and other oil and gas-producing states which found that there were no known 19 cases of ground water contamination associated with hydraulic fracturing; and 20 WHEREAS, hydraulic fracturing is currently, and has been for decades, a common 21 operation used in exploration and production by the oil and gas industry in North Dakota and all 22 the member states of the Interstate Oil and Gas Compact Commission; and 23 WHEREAS, approximately 35,000 wells are hydraulically fractured annually in the 24 United States, and close to one million wells have been hydraulically fractured in the United 25 States since the technique's inception, with no known harm to ground water; and Page No. 1 93082.0100 Sixty-first Legislative Assembly 1 2 3 WHEREAS, the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the province of the states; and WHEREAS, the success of the Bakken Formation and development of domestic oil and 4 gas resources across the United States has been revitalized by technological advancements 5 which include the ability to fracture and stimulate challenging geological formations, such as the 6 Bakken Formation in North Dakota, and thus should not be limited in the absence of any 7 evidence that such fracturing has damaged the environment; and 8 WHEREAS, the Safe Drinking Water Act was never intended to grant to the federal 9 government authority to regulate oil and gas drilling and production operations, such as 10 "hydraulic fracturing," under the underground injection control program; and 11 WHEREAS, North Dakota and other member states of the Interstate Oil and Gas 12 Compact Commission have adopted comprehensive laws and regulations to provide for safe 13 operations and to protect the nation's drinking water sources and have trained personnel to 14 effectively regulate oil and gas exploration and production; and 15 16 17 WHEREAS, domestic production of natural gas will ensure that the United States continues on the path to energy independence; and WHEREAS, regulation of hydraulic fracturing as underground injection under the Safe 18 Drinking Water Act would impose significant administrative costs on the state, substantially 19 increase the cost of drilling oil and gas wells, and potentially stop the development of our state's 20 valuable natural resources, including the Bakken and other formations with no resulting 21 environmental benefits; and 22 23 24 25 26 WHEREAS, regulation of hydraulic fracturing as underground injection under the Safe Drinking Water Act would increase energy costs to the consumer; NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN: That the Sixty-first Legislative Assembly urges the Congress of the United States to 27 preserve the exemption of hydraulic fracturing from the provisions of the Safe Drinking Water 28 Act and urges the Congress of the United States not to enact legislation that removes the 29 exemption for hydraulic fracturing; and 30 BE IT FURTHER RESOLVED, that the Secretary of State forward copies of this 31 resolution to the President of the United States, to the President of the Senate and the Speaker Page No. 2 93082.0100 Sixty-first Legislative Assembly 1 of the House of Representatives of the United States, and to each member of the North Dakota 2 Congressional Delegation. Page No. 3 93082.0100 ENROLLED HOUSE CONCURRENT RESOLUTION NO. 1012 By: Thompson of the House and Bingman, Adelson, Aldridge, Anderson, Ballenger, Barrington, Bass, Branan, Brogdon, Brown, Burrage, Coates, Coffee, Corn, Crain, Crutchfield, Easley, Eason McIntyre, Ellis, Ford, Garrison, Gumm, Halligan, Ivester, Johnson (Constance), Johnson (Mike), Jolley, Justice, Lamb, Laster, Leftwich, Lerblance, Marlatt, Mazzei, Myers, Newberry, Nichols, Paddack, Reynolds, Rice, Russell, Schulz, Sparks, Stanislawski, Sweeden, Sykes, Wilson and Wyrick of the Senate A Concurrent Resolution expressing support for the preservation of the exemption for hydraulic fracturing from the Safe Drinking Water Act; urging Congress not to pass legislation that removes the exemption; and directing distribution. WHEREAS, the United States Congress passed the Safe Drinking Water Act to assure the protection of the nation’s drinking water sources; and WHEREAS, since the enactment of the Safe Drinking Water Act, the United States Environmental Protection Agency has never interpreted hydraulic fracturing as constituting “underground injection” under the Act; and WHEREAS, in the case of Legal Environmental Assistance Foundation v. United States Environmental Protection Agency (EPA), 118 F3d 1467 (11th Cir. 1997), the United States 11th Circuit Court of Appeals ruled contrary to argument of the United States Environmental Protection Agency that hydraulic fracturing constituted “underground injection” under the Safe Drinking Water Act; and WHEREAS, in 2004, the Environmental Protection Agency published a final report summarizing a study to evaluate the potential threat to underground sources of drinking water from hydraulic fracturing of coalbed methane production wells and concluded that “additional or further study is not warranted at this time . . .” and “that the injection of hydraulic fracturing fluids into coalbed methane wells poses minimal threat to underground sources of drinking water”; and WHEREAS, the United States Congress, in the Energy Policy Act of 2005, explicitly exempted hydraulic fracturing from the provisions of the Safe Drinking Water Act; and WHEREAS, the Interstate Oil and Gas Compact Commission conducted a survey of oil- and gas-producing states and found that there were no known cases of groundwater contamination associated with hydraulic fracturing; and WHEREAS, hydraulic fracturing is currently, and has been for decades, a common operation used in exploration and production by the oil and gas industry in all the member states of the Interstate Oil and Gas Compact Commission without groundwater damage; and WHEREAS, approximately 35,000 wells are hydraulically fractured annually in the United States and close to one million wells have been hydraulically fractured in the United States since the inception of the technique, with no known harm to groundwater; and WHEREAS, the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the province of the states; and WHEREAS, the Safe Drinking Water Act was never intended to grant to the federal government authority to regulate oil and gas drilling and production operations, such as hydraulic fracturing, under the Underground Injection Control program; and WHEREAS, the member states of the Interstate Oil and Gas Compact Commission have adopted comprehensive laws and regulations to provide for safe operations and to protect the drinking water sources of the nation, and have trained personnel to effectively regulate oil and gas exploration and production; and WHEREAS, production of coal-seam natural gas, natural gas from shale formations and natural gas from tight conventional reservoirs is increasingly important to domestic natural gas supply and will be even more important in the future; and WHEREAS, domestic production of natural gas will ensure that the United States continues on the path to energy independence; and WHEREAS, hydraulic fracturing plays a major role in the development of virtually all unconventional oil and gas resources and should not be limited in the absence of any evidence that hydraulic fracturing has damaged the environment; and WHEREAS, regulation of hydraulic fracturing as underground injection under the Safe Drinking Water Act would impose significant administrative costs on the state and substantially increase the cost of drilling oil and gas wells with no resulting environmental benefits; and WHEREAS, the regulation of hydraulic fracturing as underground injection under the Safe Drinking Water Act would increase energy costs to the consumer. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN: THAT the Oklahoma Legislature hereby declares its support for maintaining the exemption of hydraulic fracturing from the provisions of the Safe Drinking Water Act and urges the Congress of the United States not to pass legislation that removes the exemption for hydraulic fracturing. THAT a copy of this resolution be distributed to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the Oklahoma Congressional Delegation. Adopted by the House of Representatives the <9th> day of , 2009. Presiding Officer of the House of Representatives Adopted by the Senate the 14th day of April, 2009. Presiding Officer of the Senate Enrolled Copy S.J.R. 17 1 HYDRAULIC FRACTURING JOINT 2 RESOLUTION 3 2009 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: David P. Hinkins 6 House Sponsor: Michael E. Noel 7 8 LONG TITLE 9 General Description: 10 This joint resolution of the Legislature urges Congress to preserve the exemption for 11 hydraulic fracturing in the Safe Drinking Water Act and to refrain from passing 12 legislation that would remove the hydraulic fracturing exemption. 13 Highlighted Provisions: 14 This resolution: 15 < expresses support for maintaining the exemption of hydraulic fracturing from the 16 17 provisions of the Safe Drinking Water Act; and < urges Congress to refrain from passing legislation that would remove the exemption 18 for hydraulic fracturing. 19 Special Clauses: 20 None 21 22 23 24 25 Be it resolved by the Legislature of the state of Utah: WHEREAS, the United States Congress passed the Safe Drinking Water Act (Act) to assure the protection of the nation's drinking water sources; WHEREAS, since the enactment of the Act, the Environmental Protection Agency 26 (EPA) has never interpreted hydraulic fracturing as constituting "underground injection" 27 within the Act; 28 29 WHEREAS, in 2004, the EPA published a final report summarizing a study to evaluate the potential threat to underground sources of drinking water from hydraulic fracturing of coal S.J.R. 17 Enrolled Copy 30 bed methane production wells and the EPA concluded that "additional or further study is not 31 warranted at this time . . ." and "that the injection of hydraulic fracturing fluids into coal bed 32 methane wells poses minimal threat" to underground sources of drinking water; 33 34 35 WHEREAS, in the Energy Policy Act of 2005, the United States Congress explicitly exempted hydraulic fracturing from the provisions of the Act; WHEREAS, the Interstate Oil and Gas Compact Commission (IOGCC) conducted a 36 survey of oil and gas producing states which found that there were no known cases of 37 groundwater contamination associated with hydraulic fracturing; 38 WHEREAS, hydraulic fracturing is currently, and has been for decades, a common 39 operation used in exploration and production by the oil and gas industry in all the member 40 states of the IOGCC without groundwater damage; 41 WHEREAS, approximately 35,000 wells are hydraulically fractured in the United 42 States annually, and close to 1,000,000 wells have been hydraulically fractured in the United 43 States since the technique's inception, with no known harm to groundwater; 44 45 46 WHEREAS, the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the province of the states; WHEREAS, the Act was never intended to grant to the federal government authority to 47 regulate oil and gas drilling and production operations, such as "hydraulic fracturing," under 48 the Underground Injection Control program; 49 WHEREAS, the member states of the IOGCC have adopted comprehensive laws and 50 regulations to provide safe operations and to protect the nation's drinking water sources, and 51 have trained personnel to effectively regulate oil and gas exploration and production; 52 WHEREAS, production of coal seam natural gas, natural gas from shale formations, 53 and natural gas from tight conventional reservoirs is increasingly important to our domestic 54 natural gas supply and will be even more important in the future; 55 56 57 WHEREAS, domestic production of natural gas will ensure that the United States continues on the path to energy independence; WHEREAS, hydraulic fracturing plays a major role in the development of virtually all -2- Enrolled Copy S.J.R. 17 58 unconventional oil and gas resources and, in the absence of any evidence that such fracturing 59 has damaged the environment, should not be limited; 60 WHEREAS, regulation of hydraulic fracturing as underground injection under the Act 61 would impose significant administrative costs on the state and substantially increase the cost 62 of drilling oil and gas wells with no resulting environmental benefits; and 63 64 65 WHEREAS, regulation of hydraulic fracturing as underground injection under the Act would increase energy costs to the consumer: NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah 66 expresses support for maintaining the exemption of hydraulic fracturing in the Safe Drinking 67 Water Act and urges the United States Congress to refrain from passing legislation that would 68 remove the exemption for hydraulic fracturing. 69 BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of 70 the United States, the Majority Leader of the United States Senate, the Speaker of the United 71 States House of Representatives, and to the members of Utah's congressional delegation. -3- 81(R) HCR 67 - Introduced version - Bill Text ftp://ftp.legis.state.tx.us/bills/81R/billtext/html/house_concurren... 81R7105 CBE-D By: Farabee H.C.R. No. 67 CONCURRENT RESOLUTION WHEREAS, The oil industry in Texas dates back to the late 19th century, and the natural gas industry has been a significant part of the state's economy since the middle of the 20th century; today, Texas is the second-highest oil producing state in the country and the leading producer of natural gas; during Fiscal Year 2008, Texas producers employed more than 200,000 people and paid more than $5 billion in taxes and fees to the state's general revenue fund; and WHEREAS, The regulation of oil and gas exploration and production activities has traditionally been within the purview of the states; the Texas Legislature passed its first regulatory statute for oil in 1899, and the industries have since been regulated by the Railroad Commission of Texas in coordination with the Interstate Oil and Gas Compact Commission (IOGCC); and WHEREAS, In recent years, however, the congress has considered legislation to augment the 1974 Safe Drinking Water Act (SDWA) and grant authority to the federal government to regulate oil and gas drilling and production operations; in particular, lawmakers have focused on a natural gas drilling technique called hydraulic fracturing, which is used to extract natural gas from deep rock much faster than would otherwise be possible; implemented in the late 1940s, the technology has become a standard method for improving efficiency; and WHEREAS, Hydraulic fracturing is not covered by the SDWA, and the congress clarified this in the Energy Policy Act of 2005, which specifically exempts the technology from regulation under the SDWA and preserves the state regulatory system; hydraulic fracturing has been regulated by states for more than 50 years, and in 2002 the IOGCC surveyed oil and gas producing states and found that there were no known cases of groundwater contamination associated with hydraulic fracturing; and WHEREAS, Domestic energy development is vital to the energy security of the United States, and the application of hydraulic fracturing techniques is estimated to have added more than 7 billion barrels of oil and 600 trillion cubic feet of natural gas to the nation's energy needs; hydraulic fracturing in the Barnett Shale of Texas alone has contributed to the production of more than four trillion cubic feet of natural gas; and WHEREAS, The current approach to regulating hydraulic fracturing has effectively protected groundwater and drinking water sources from impacts related to oil and gas exploration and production activities; more restrictive regulation, which may not increase the protection of underground drinking water, could harm the supply of oil and natural gas at a time when the country requires more domestic energy production than ever before; now, therefore, be it RESOLVED, That the 81st Legislature of the State of Texas hereby respectfully urge the United States Congress to maintain state regulatory coverage of hydraulic fracturing; and, be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a 1 of 2 6/29/15, 12:54 AM 81(R) HCR 67 - Introduced version - Bill Text ftp://ftp.legis.state.tx.us/bills/81R/billtext/html/house_concurren... memorial to the Congress of the United States of America. 2 of 2 6/29/15, 12:54 AM 2009 09LSO-0646 STATE OF WYOMING SENATE JOINT RESOLUTION NO. SJ0005 Hydraulic fracturing. Sponsored by: Senator(s) Bebout, Anderson, J., Cooper, Hines, Martin and Vasey and Representative(s) Anderson, R., Cohee, Craft, Illoway, Lockhart, Lubnau, Meyer, Miller and Pedersen A Bill for 1 A JOINT 2 exemption of 3 Water and 4 would remove the exemption. Act RESOLUTION requesting hydraulic to not Congress fracturing pass any in future to the preserve Safe the Drinking legislation which 5 6 WHEREAS, the United States Congress passed the Safe 7 Drinking Water Act, 42 U.S.C § 300h (SDWA) to assure the 8 protection of the nation's drinking water sources; and 9 10 WHEREAS, since the enactment of the SDWA, the United States 11 Environmental Protection Agency (EPA) had never interpreted 12 hydraulic 13 injection" within the SWDA; and fracturing as constituting "underground 14 1 SJ0005 2009 STATE OF WYOMING 09LSO-0646 1 WHEREAS, the United States 11th Circuit Court of Appeals 2 ruled 3 fracturing 4 SDWA. 5 States Environmental Protection Agency, 118 F3d 1467 (11th 6 Cir. 1997); and contrary to argument constituted of the "underground EPA that injection" hydraulic under the Legal Environmental Assistance Foundation v. United 7 8 WHEREAS, in 2004, the 9 summarizing a study to evaluate the potential threat to sources published report 11 hydraulic 12 wells and concluded that "additional or further study is 13 not warranted at this time…" and that "the injection of 14 hydraulic fracturing fluids into CBM wells poses minimal 15 threat to USDWs."; and coalbed water final underground of drinking a 10 fracturing of EPA methane (USDWs) (CBM) from production 16 17 WHEREAS, the United States Congress, in the Energy Policy 18 Act of 2005, explicitly exempted hydraulic fracturing from 19 the provisions of the SDWA; and 20 21 WHEREAS, the Interstate Oil 22 (IOGCC) conducted a survey of oil and gas producing states 23 and found that there were no known cases of ground water 24 contamination associated with hydraulic fracturing; and 2 and Gas Compact Commission SJ0005 2009 STATE OF WYOMING 09LSO-0646 1 2 WHEREAS, hydraulic fracturing is currently, and has been 3 for decades, a common operation used in exploration and 4 production by the oil and gas industry in all the member 5 states of the IOGCC without groundwater damage; and 6 7 WHEREAS, approximately thirty-five thousand (35,000) wells 8 are hydraulically fractured annually in the United States 9 and nearly one million fractured (1,000,000) in the wells United have States been 10 hydraulically since the 11 technique's inception, with no known harm to groundwater; 12 and 13 14 WHEREAS, the regulation of oil and gas exploration and 15 production activities, including hydraulic fracturing, has 16 traditionally been the province of the states; and 17 18 WHEREAS, the 19 federal 20 drilling 21 fracturing", 22 program; and SWDA government and was authority production under never the intended to to regulate operations, Underground such grant oil as to the and gas "hydraulic Injection Control 23 3 SJ0005 2009 STATE OF WYOMING the member 1 WHEREAS, 2 comprehensive 3 operations 4 sources, and have trained personnel to effectively regulate 5 oil and gas exploration and production; and laws and to states and of 09LSO-0646 the regulations protect the IOGCC to have provide nation's adopted for drinking safe water 6 7 WHEREAS, production of coal seam natural gas, natural gas 8 from shale formations and 9 conventional reservoirs is natural gas increasingly from tight important to 10 domestic natural gas supply and will be more important in 11 the future; and 12 13 WHEREAS, 14 that 15 independence; and the domestic United production States of continues natural on the gas will path ensure to energy 16 17 WHEREAS, hydraulic fracturing plays a major role in the 18 development 19 resources and, thus, should not be limited in the absence 20 of any evidence that hydraulic fracturing has damaged the 21 environment; and of virtually all unconventional oil and gas 22 23 WHEREAS, regulation of hydraulic fracturing as underground 24 injection under the SDWA would 4 impose significant SJ0005 2009 STATE OF WYOMING costs on the 09LSO-0646 1 administrative state and substantially 2 increase the cost of drilling oil and gas wells with no 3 resulting environmental benefits; and 4 5 WHEREAS, regulation of hydraulic fracturing as underground 6 injection under the SDWA would increase energy costs to the 7 consumer. 8 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING: 11 Section 1. 12 its That the Wyoming State Legislature hereby 13 declares 14 hydraulic fracturing from the provisions of the SDWA and 15 urges 16 legislation that would remove the exemption for hydraulic 17 fracturing. the support Congress for of maintaining the United the States exemption not to of pass 18 5 SJ0005 2009 1 STATE OF WYOMING Section 2. That the Secretary 09LSO-0646 of State of Wyoming 2 transmit copies of this resolution to the President of the 3 United 4 Speaker of 5 States Congress 6 Delegation. States, to the the House and President of of the Representatives to the Wyoming Senate of the and the United Congressional 7 8 (END) 6 SJ0005