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HomeMy WebLinkAbout20110914.tiff RESOLUTION RE: EXPRESSION OF OPPOSITION TO H.R. 1084 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, H.R. 1084 was introduced in the 112th Congress on March 15, 2011, and WHEREAS, H.R. 1084 would subject hydraulic fracturing ("fracking")of oil and gas wells to the Safe Drinking Water Act ("SDWA"), and WHEREAS,fracking is a process that significantly increases the yield of oil and gas wells by injecting mostly water and sand deep into the wells(far below any drinking water sources)to fracture the rock and free more of the resource, resulting in fewer wells needing to be drilled, and without which, 4 out of 5 wells in America would be unproductive, and WHEREAS, according to a study done by the Independent Petroleum Association of America ("IPAA"), H.R. 1084 would cost Colorado energy companies $553 million in additional compliance costs per year, result in over 2,000 oil wells and over 3,500 gas wells being shut-in,and cost almost $13 billion in annual royalties (private and public) and over$7.7 billion in annual state severance taxes, and WHEREAS, H.R. 1084 would grant the environmental Protection Agency("EPA")sweeping new federal powers over an area traditionally regulated by the Colorado Oil and Gas Conservation Commission, thereby creating a duplication of regulation, and WHEREAS, under existing state regulations, over a million wells have used fracking during the past 60 years and there have been no documented instances of groundwater contamination, mainly because oil and gas wells are so much deeper than water wells, and WHEREAS,a 2004 EPA study on the potential effects of fracking on drinking water indicated that the practice is safe and that any risks to drinking water supplies were minimal, and WHEREAS, H.R. 1084 would have the effect of reducing the amount of oil and natural gas that is produced in Weld County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby expresses its opposition to the passage of H.R. 1084. ( , Cyr , Px CL. 2011-0914 Cj BC0042 RE: EXPRESSION OF OPPOSITION TO H.R. 1084 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of April, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO ATTEST: ' z c4 !A 4] vi arbara Kirkmeyer, hair Weld County Clerk "'�� ,,��♦ Sean P. on , Pro-Tem BY: Deputy Clerk to they Willia Garcia CJA avid E. Long aunty Attorney CO. `iarhe Doug as IItademach Date of signature: a// 2011-0914 BC0042 AUTH INFORMATION ff TIO GPO 112TH CONGRESS H. R. 1 084 1 ST SESSION To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCh 15, 2011 Ms. DEGETTE (for herself, Mr. HINCIIEY, Mr. POLES, Mr. ACKERMAN, Mr. BERMAN, Mrs. CAPPs, Mr. CONNOLLY of Virginia, Mr. ELLISON, Mr. ENGEL, Mr. PARR, Mr. FRANK of Massachusetts, Mr. CRI.JALVA, Ms. IIIRONo, Mr. Hour, Mr. IIoNDA, Mr. KILDEE, Mr. KUCINICII, Mrs. LowEY, Mrs. MALONEY, Ms. MCCOLLIUM, Mr. MORAN, Ms. MOORE, Mr. NADLER, Mr. PALLONE, Ms. PIN(IREE of Maine, Mr. SARBANES, Ms. SCIAKowsKY, Mr. STARK, Mr. TONKo, Mr. VAN HOLLEN, Mr. WEINER, and Ms. WooLSEY) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal the exemption for hydraulic fracturing in the Safe Drinking Water Act, and for other purposes. 1 Be it enacted by the Senate and Clouse of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Fracturing Responsi- 5 bility and Awareness of Chemicals Act of 2011". 2 1 SEC.2. REGULATION OF HYDRAULIC FRACTURING. 2 (a) HYDRAULIC FRACTURING.—Section 1421(d)(1) 3 of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) 4 is amended by striking subparagraph (B) and inserting 5 the following: 6 "(B) includes the underground injection of 7 fluids or propping agents pursuant to hydraulic 8 fracturing operations related to oil, gas, or geo- 9 thermal production activities; but 10 "(C) excludes the underground injection of 11 natural gas for purposes of storage.". 12 (b) DIscLOSURE OF HYDR,AIJLIC FRACTURING 13 CIIEMICALS; MEDICAL EMERGENCIES; PROPRIETARY 14 CHEMICAL FORMULAS.—Section 1421(b) of the Safe 15 Drinking Water Act (42 U.S.C. 300II(b)) is amended by 16 adding at the end the following: 17 "(4)(A) Regulations included under paragraph 18 (1)(C) shall include the following requirements: 19 "(i) A person conducting hydraulic 20 fracturing operations shall disclose to the 21 State (or the Administrator if the Adminis- 22 trator has primary enforcement responsi- 23 bility in the State) 24 "(I) prior to the commencement 25 of any hydraulic fracturing operations 26 at any lease area or portion thereof, a .1111 1084 III 3 1 list of chemicals intended for use in 2 any underground injection during 3 such operations, including identifica- 4 tion of the chemical constituents of 5 mixtures, Chemical Abstracts Service 6 numbers for each chemical and con- 7 stituent, material safety data sheets 8 when available, and the anticipated 9 volume of each chemical; and 10 "(II) not later than 30 days after 11 the end of any hydraulic fracturing 12 operations, the list of chemicals used 13 in each underground injection during 14 such operations, including identifica- 15 tion of the chemical constituents of 16 mixtures, Chemical Abstracts Service 17 numbers for each chemical and con- 18 stituent, material safety data sheets 19 when available, and the volume of 20 each chemical used. 21 "(ii) The State or the Administrator, 22 as applicable, shall make the disclosure of 23 chemical constituents referred to in clause 24 (i) available to the public, including by .nR 1084 IH 4 1 posting the information on an appropriate 2 Internet Web site. 3 "(iii) Whenever the State or the Ad- 4 ministrator, or a treating physician or 5 nurse, determines that a medical emer- 6 gency exists and the proprietary chemical 7 formula of a chemical used in hydraulic 8 fracturing operations is necessary for med- 9 ical treatment, the person conducting the 10 hydraulic fracturing operations shall, upon 11 request, immediately disclose the propri- 12 etary chemical formulas or the specific 13 chemical identity of a trade secret chemical 14 to the State, the Administrator, or the 15 treating physician or nurse, regardless of 16 whether a written statement of need or a 17 confidentiality agreement has been pro- 18 vided. The person conducting the hydraulic 19 fracturing operations may require a writ- 20 ten statement of need and a confidentiality 21 agreement as soon thereafter as cir- 22 cumstances permit. 23 "(B) Subparagraphs (A)(i) and (A)(ii) do not 24 authorize the State (or the Administrator) to require .HR 1084 111 5 1 the public disclosure of proprietary chemical for- 2 mulas.". O .HR 1084 IH Hello