Mr. Chairman, I yield myself such time as I may consume. I rise in opposition to H.R. 2728, the Protecting States' Rights to Promote American Energy Security Act. Title II of this act is a bill passed by the Science Committee, the EPA…
Mr. Chairman, I yield myself such time as I may consume.
I rise in opposition to H.R. 2728, the Protecting States' Rights to Promote American Energy Security Act.
Title II of this act is a bill passed by the Science Committee, the EPA Hydraulic Fracturing Study Improvement Act. This is a piece of legislation that should not have been passed out of the committee.
First, title II contains provisions that designate the fracking study is a highly influential scientific assessment and requires EPA to follow its standard peer review protocols for such assessments. This language is unnecessary because EPA already considers the fracking study to be a highly influential scientific assessment.
Second, and importantly, unfortunately, this bill will obstruct EPA's ability to carry out its important work. The requirements of this bill may force the EPA to delay production of their final report on the effects of hydraulic fracturing on water quality. This bill could delay an important report that is based on a study that the EPA initiated more than 3 years ago. The study was reviewed and approved by the EPA's independent Science Advisory Board. The Science Advisory Board found the study to be both appropriate and comprehensive. The American public should not have to wait any longer before they receive a scientific analysis of whether their water has been affected by hydraulic fracturing.
What I found troubling is that the Science Committee never got information from the Science Advisory Board, which validated the study, regarding its opinion about the bill, nor did we get comments from the EPA or any other experts. In fact, the bill never had a hearing. This bill effectively attempts to micromanage the EPA without a factual basis for doing so.
The bill requires the EPA to do an ad hoc risk analysis by requiring them to quantitatively estimate the probabilities, uncertainties, and consequences of impacts to drinking water from hydraulic fracturing; however, this was never a study that was set up to determine the risk effects of hydraulic fracturing. The study was meant to examine the science to determine if hydraulic fracturing operations have any effect on groundwater. By requiring an ad hoc risk analysis on a study that was not designed to acquire the data necessary to do a risk analysis, the EPA would be forced to try to fit a round peg in a square hole.
What remains truly unclear is why this language is included when it is so unnecessary. If the current study were to find a link between fracking and groundwater contamination, then a full risk assessment will be required before the Agency can establish any regulations to address the issue.
What this bill is doing here is requiring a risk analysis simultaneously, and as part of, the very study that is meant to determine if there is a need for a risk analysis. These efforts to become involved in directing the specific details of scientific process are very troubling.
It appears that this bill is setting up the EPA to fail. If the EPA doesn't complete the study by the deadline, they have failed; and if the EPA completes the study but the ad hoc risk analysis is not as detailed as the bill's proponents expect, then they would have also failed. More importantly, their ad hoc risk analysis may taint the very accurate scientific data behind that analysis.
It is not in the public interest to have this study delayed any longer. Let the EPA complete their study. If the science shows the effects connecting hydraulic fracturing with contaminated groundwater, then we will let the EPA's long-established process of doing a risk assessment after such a study to be followed completely with all the I's dotted and T's crossed.
It is also difficult to understand how the proponents of the bill reconcile title II with title I. Title I clearly attempts to prevent the Federal Government from having oversight inspection or enforcement responsibility for hydraulic fracturing regulations. However, if the States are supposed to regulate, don't they need the science to support those regulations?
This study is designed to be the science that provides the Federal Government and the States with the information they will need to make policy choices about the effects of hydraulic fracturing on groundwater. By possibly delaying this study, we delay the ability of the States or the Federal Government to make prudent choices to protect the American public.
If you support hydraulic fracturing, delaying the study will not speed up the process of opening new areas of the country to hydraulic fracturing. Title II of H.R. 2728 will only delay an important scientific study and, ironically, may delay the development of new shale fields throughout the United States.
I urge my colleagues to vote against this legislation, and I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
To clarify, there was opposition to the legislation in the Science Committee; however, there is no recorded vote.
I continue to reserve the balance of my time.
I reserve the balance of my time.
Mr. Chairman, in 2010, the Department of Interior, Environment, and Related Agencies Appropriations Act required the EPA to perform a study on the relationship between hydraulic fracturing and groundwater contamination. The final report is currently expected to be released in 2016.
EPA's proposed study plan was reviewed by the EPA Science Advisory Board. The Science Advisory Board determined that EPA's approach was generally appropriate and comprehensive. Further, the Science Advisory Board recommended that some analysis of risks be considered in the study, but a full risk assessment could add another 5 to 7 years to the expected release date.
The proponents of this legislation mischaracterize the EPA's study plan as flawed for failing to include a comprehensive risk assessment. That position is not consistent with the conclusions of the highly qualified scientists, researchers, and industry representatives who are members of the EPA's independent Science Advisory Board, and importantly, title II could delay the release of this very important study. I urge my colleagues to oppose this legislation.
I yield back the balance of my time.
Mr. Chairman, I thank the chairman, Mr. Smith from Texas, for his offer to reclaim. I ask unanimous consent to reclaim the balance of my time.
I reserve the balance of my time.
May I inquire whether there are other speakers?
I yield back the balance of my time.