Protecting States' Rights To Promote American Energy Security Act
Mr. Chairman, I yield myself 3 minutes. I rise in opposition to this bill. Apparently, Mr. Chairman, the Republican majority believes that the greatest threat that Americans face from hydraulic fracturing today is too many regulations.…
Mr. Chairman, I yield myself 3 minutes.
I rise in opposition to this bill. Apparently, Mr. Chairman, the Republican majority believes that the greatest threat that Americans face from hydraulic fracturing today is too many regulations. They don't seem to be concerned about the danger posed to our drinking water supplies or the impacts of industrialization on our rural landscapes or the increased risk of earthquakes from wastewater injection or the emissions of methane or other noxious chemicals into the air or the identity of the mystery chemicals being pumped underground nor the disposal of waste safely. Americans are concerned about these things, and so should we be.
The House Democrats are trying to do something about that. My colleagues and I have introduced an entire series of bills designed to address the very real impacts that fracking has on American communities: the BREATHE Act, by Mr. Polis; the SHARED Act, by Ms. Schakowsky; the CLEANER Act, by Mr. Cartwright; the FRESHER Act, also by Mr. Cartwright; and the FRAC Act, by Ms. DeGette. These are attempts to protect the air, the water, the land, and ensure that people know what is being injected into the ground under their homes. The Republicans will not bring any of these bills to the floor, and I doubt they will because, according to the Republicans, the real threat is too many regulations.
This is preposterous, Mr. Chairman. Tell the people who want to know what chemicals are being injected under their homes that the real danger is that the Federal Government wants them to know. Tell the people who are seeing elevated levels of methane in their drinking water that the real danger is that the Federal Government wants to ensure that the wells are built better so they will not leak methane. Mr. Chairman, tell the people living next to the huge open pits of wastewater that the real danger is the Federal Government wants to make sure that States have minimum standards.
Mr. Chairman, I am astonished that the sponsors of this bill and the leadership would even bring the bill to the floor. It will do nothing, absolutely nothing, to address any of the concerns that families have legitimately about the impacts of fracking in their communities. Worse than that, the bill will strip existing protections in place across the entire Nation.
It would eliminate the ability of the Fish and Wildlife Service and the National Park Service to regulate oil and gas operations on their own lands. It would prevent the Fish and Wildlife Service from enforcing wildlife protection regulations under the Endangered Species Act and the Migratory Bird Treaty Act--oh, yes, I know my colleagues will say, That is not true; read the bill--and any number of other laws everywhere across the country.
Now I would like to think that these are unintended consequences of a poorly drafted bill, but given past attacks on the Endangered Species Act and such, I think there is reason to suspect that this is an intended consequence.
They will say, This is about states' rights, but Democrats are actually focused on the American people's rights: their rights to clean air; their rights to clean water; to be free of hazardous waste; to know what is happening under their very feet.
I urge my colleagues to defeat this bill and to bring up legislation that will really deal with the health and safety of Americans across the country.
I am pleased to yield 4 minutes to the gentleman from Oregon (Mr. DeFazio), the senior ranking member of the Committee on Natural Resources.
Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from Texas (Mr. Gene Green), a member of the Energy and Commerce Committee and someone who is as expert as anyone in this Chamber on oil and gas industry and regulations.
Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Cuellar).
Mr. Chairman, I reserve the balance of my time.
I continue to reserve the balance of my time.
Mr. Chairman, I yield myself 2 minutes.
It is traditional and appropriate in this country that matters dealing with health and safety, clean water, and clean air are handled at the interstate level, at the Federal level. This legislation would remove all sorts of regulations. Best practices that are designed to minimize the environmental impact
of oil and gas legislation for Bureau of Land Management practices would be gone.
It gets rid of requirements to protect sacred sites and historic properties. It would throw out the regulation that prevents occupancy within a quarter of a mile of designated fisheries. It would remove the regulation that you can't do any of these activities in the floodplain of the Yellowstone River, and on and on.
My colleague a moment ago talked about the booming industry in chemicals because of fracking. Yes, that brings up an interesting point about the difference in State regulations. We would hope that anybody in the drilling area would have access to the chemicals that are being injected into these wells under their very feet, under their homes.
But if you look at what some States allow now, they allow chemicals that are confidential, proprietary, undisclosed to be used, and they number in the dozens. Let's see. We have got here oxyalkylated phenol resins; we have terpenes and terpenoids; we have quaternary amines. These are all items that are held confidentially, proprietarily; and under this legislation that we are considering, a State could make sure that they are not disclosed.
I reserve the balance of my time.
I yield myself such time as I may consume.
Mr. Chairman, my colleagues say that there have been no cases of contamination from the fracking, itself. What about leakage from poorly constructed wells? What about leakage from unlined pits? Are they prepared to claim that there has never been water contamination because of this? That is what the Bureau of Land Management regulations and rules get at--well construction, wastewater management, the threats to drinking water in neighboring communities. This legislation would gut-- it would remove--any possibility of such rules.
I reserve the balance of my time.
Mr. Chairman, I continue to reserve the balance of my time.
I say to the gentleman from Washington that we are in the same situation. I was expecting a few other speakers. In not seeing them, I am prepared to close.
I yield myself the balance of my time.
Mr. Chairman, here is a partial list of the Federal laws, rules, and regulations that could not be enforced were this bill to become law:
The Endangered Species Act; the Migratory Bird Treaty Act; the oil and gas operations in National Park Service units; the oil and gas operations in National Wildlife Refuges; the casing and cementing regulations, such as should have been applied in the Deepwater Horizon case; the wastewater management regulations; the plugging and abandonment regulations, in other words, when pits or wells are abandoned; the best management practices for oil and gas drilling on public lands; the timing limits of when operations could be conducted with the least disruption to wildlife; the protections for sacred sites, historic trails, fisheries, and wetlands; and much more.
It has been sold as a states' rights bill that would only block the Bureau of Land Management's fracking rules, but it would strip agencies on Federal lands of the authority to enforce almost every regulation on the books because any State that has any regulation that affects these activities means that none of these regulations could apply, that they would all be superseded by the State regulations. That is what the bill says.
As for whether there is any damage done, I would point my friends to this
picture. Maybe you have a little trouble seeing it, but, essentially, it shows burning tap water. No, this is not a staged picture. This happened in a residence. This is methane flaming because the water is full of methane.
Now, I know my colleagues will say, Oh, but that is not because of fracking. There must be some other reason. There must be.
They haven't found it. They have blamed it on all sorts of other things, but it happens where the fracking is occurring.
So this is a case in which the practice has gotten ahead of the science, in which the practice has gotten ahead of our regulations, in which it has gotten ahead of our understanding; and the idea to reduce regulations and understanding so that we could do it faster is preposterous. This is not the way you protect public health. This is not the way you protect public safety. It is not the way you stimulate the economy. It is false economy to proceed in disregard for the protection of the environment.
So, with that, Mr. Chairman, I urge my colleagues to oppose H.R. 2728.
I yield to the gentleman for a question.
I appreciate the advice. It is possible that some of my speakers will arrive. I urge that we vote ``no,'' and I reserve the balance of my time.
Mr. Chairman, I continue to reserve the balance of my time.
Then I will take just a moment.
Mr. Chairman, in closing, when I showed the picture of the burning tap water, I saw expressions of incredulity from the other side of the aisle. Surely that can't be true; or if it is true, surely it is not because of fracking.
A Duke University study found that methane contamination was in 115 of 141 shallow residential drinking wells that they studied, six times higher than wells greater than a mile from the fracking operations. Now, it is hard to tell when you are deep in the ground where that methane is leaking and what other chemicals, undisclosed chemicals, are leaking with that methane.
There is something here that should be regulated, and this legislation would prevent such regulations. I urge a ``no'' vote, and I yield back the balance of my time.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself 3 minutes.
I rise in support of the amendment that I am introducing, along with Mr. Peters and Mr. Polis, to allow the Secretary of the Interior to regulate methane.
Methane is the second most abundant greenhouse gas emitted in the United States, and the oil and gas industry is responsible for about 30 percent of all methane emissions into the atmosphere.
Methane is a super pollutant more than 20 times more potent than carbon dioxide in warming the atmosphere. Now we know that methane can and sometimes does leak from fracked wells. That is what we see here with the ignited tap water. This so-called fugitive methane also contributes to air pollution as tropospheric ozone, or smog, which threatens public health by triggering asthma attacks and aggravating the conditions of people with bronchitis and emphysema.
In fact, methane leaks have contributed to the Upper Green River basin in Wyoming having some of the worst air quality in the country, at times rivaling the worst air quality days in Los Angeles.
Although discussed as a cleaner burning and more climate friendly energy source, natural gas, which is mostly methane, leaks at every stage of production, not just into the groundwater, and hence into drinking water wells. It does leak, and it does affect the Earth's climate. It is true that burning methane releases less carbon dioxide greenhouse gas to the atmosphere than does burning an equivalent amount of coal, but the methane itself is a greenhouse gas. Fugitive methane emissions in excess of only a few percent remove the relative advantages of natural gas compared to other fossil energy sources.
Aside from issues of climate and health, leaked methane represents lost royalties for the Federal Government, lost revenue for oil and gas companies, and I know that supporting greater profits for Big Oil is something my colleagues should be eager to support.
Our amendment will help prevent the wasteful leakage of natural gas, will limit avoidable methane emissions, and will protect air quality and public health. I urge a ``yes'' vote on the Holt-Peters-Polis amendment.
I reserve the balance of my time.
Mr. Chairman, the whole point of the underlying bill is to make it impossible for the Department of the Interior, the Bureau of Land Management, the Secretary of the Interior to impose regulations. It says if the State has any regulations, then the Federal regulations don't count.
All this amendment would do is say on the important issue of what is called fugitive methane, leaked methane, methane that gets into the atmosphere by whatever means because of the drilling and fracking, should be limited. And it should be limited for several reasons. It is a potent greenhouse gas, and it is lost revenue. So I would think that everyone would be eager to make sure that none of this fugitive methane gets into the atmosphere or into the drinking water.
We know methane can and sometimes does leak from fracked wells. We should want the Secretary to be able to regulate that, because under the underlying bill, the Secretary could not.
This amendment is necessary, and I urge my colleagues to support it.
I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I claim time in opposition to the amendment, although I do not intend to oppose the amendment.
Mr. Chairman, I will not oppose this amendment because by itself it does not change anything, but it does underscore the problems with the bill itself. So I would like to speak on that for a moment.
I don't think there is anything wrong with making Interior a one-stop shopping place for State drilling regulations, although I don't know if there are any States that want to keep their regulations secret. So I don't know if that provision actually has any real impact.
Let me read a provision of the bill that this amendment strikes so that everyone understands what the amendment is trying to do. Subsection (b) of the bill says Interior shall defer to all State regulations for all activities related to any component of the hydraulic fracturing process. It then goes on to say ``regardless of whether those rules are duplicative, more or less restrictive, shall have different requirements, or do not feet Federal guidances.''
Apparently the majority, as well as the author of this amendment, recognize that the last sentence was a little excessive and now this amendment proposes to strike that. But it doesn't make any difference because in subsection (a), the bill reads that Interior cannot enforce any of its regulations or guidance for any component of the hydraulic fracturing process.
Subsection (a) strips Interior of their authority to enforce. This certainly has the same effect as the language in subsection (b) directing them to defer with respect to any regulations or requirements.
Even after this amendment is adopted--and we are prepared to accept it--the language in the bill will still require that Interior defer to the States, regardless of whether State rules are less restrictive or adequate or are inadequate or if they don't meet Federal guidelines. That is the problem with the bill. The bill remains the same.
This amendment is really superfluous. I will not oppose the amendment, but it does underscore the fundamental problem with the legislation that we are considering here today. It strips Interior of any authority to protect public health, public safety from drilling and fracking operations on public lands.
Although I will also accept the amendment, I will continue to oppose the underlying bill, and I yield back the balance of my time.
Mr. Speaker, I demand a recorded vote.