Obama Admin. Approves ALEC Model Bill for Fracking Chemical Fluid Disclosure on Public Lands

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On May 16, the Obama Interior Department announced its long-awaited rules governing hydraulic fracturing (โ€œfrackingโ€)ย on federalย lands.

As part of its 171-page document of rules, the U.S. Bureau of Land Management (BLM), part of the U.S. Dept. of Interior (DOI),ย revealed it will adopt the American Legislative Exchange Council (ALEC) model bill written by ExxonMobil for fracking chemical fluid disclosure on U.S. publicย lands.

ALEC is a 98-percent corporate-funded bill millย and โ€œdating serviceโ€ that brings predominantly Republican state legislators and corporate lobbyists together at meetings to craft and vote on โ€œmodel billsโ€ behind closed doors. Many of these bills end up snaking their way into statehouses and become law in what Bill Moyers referred to as โ€œThe United States of ALEC.โ€

BLM will utilize an iteration of ALEC‘s โ€œDisclosure of Hydraulic Fracturing Fluid Composition Actโ€ – a billย The New York Times revealed was written by ExxonMobilย –ย for chemical fluid disclosure of fracking on public lands and will do so by utilizing FracFocus.org‘s voluntary online chemical disclosureย database.

In a way, it’s all come full circle. As we covered here onย DeSmogBlog, the original chemical disclosure standards and the decision to utilize FracFocus’ย database came from the Obama Dept. of Energy’s (DOE) industry-stacked Fracking Subcommittee formed in May 2011. DOE gave a $1.5 million grant to FracFocus.ย 

The Texas state legislature soon thereafter adopted the first bill makingย FracFocus the fracking chemical disclosure database at the state level in June 2011.ย Since then, it’s been off to the races, with the Council of State Governments adopting the TX bill as model bill in Aug. 2011, ALEC adopting it as a model bill in Oct. 2011, and the bill becoming state law in Colorado, Pennsylvania and otherย states.

Both the Illinois and Florida state legislatures have also tried to push through this model, but it died dead in itsย tracks.

FracFocus has been an anemic and failed effort by the Obama Admin. to alter the George W. Bush Admin. โ€œHalliburton Loopholeโ€ standards for fracking chemical disclosure, which allowed the recipe of fracking chemicals to remain a โ€œtrade secret.โ€ It’s amounted to nothing more than the same game by a different name, with a Harvard study recently giving FracFocus a โ€œfailing grade.โ€ ย ย ย ย 

The FracFocus Faรงade: โ€œTruck-Sizedโ€ Disclosureย Loopholes

Almost two years afterย FracFocus‘ debut, it is important to scrutinize its disastrousย performance.ย 

โ€œDrilling companies in Texas, the biggest oil-and-natural gas producing state, claimed similar exemptions about 19,000 times this year through August,โ€ explained Bloombergย in a Dec. 2012 investigation. โ€œTrade-secret exemptions block information on more than five ingredients for every well in Texas, undermining the statuteโ€™s purpose of informing people about chemicals that are hauled through their communities and injected thousands of feet beneath their homes andย farms.โ€

One representative from Texas – the originalย FracFocus state – said it allows โ€œtruck-sizedโ€ loopholes in chemical disclosure. An earlier investigative effort by Bloomberg explained just how big these 18-wheelersย are.ย 

โ€œEnergy companies failed to list more than two out of every five fracked wells in eight U.S. states from April 11, 2011, when FracFocus began operating, through the end of last year,โ€ wrote Bloomberg. โ€œThe gaps reveal shortcomings in the voluntary approach to transparency on the site, which has received funding from oil and gas trade groups and $1.5 million from the U.S. Department ofย Energy.โ€ย 

This moved U.S. Rep. Diane DeGette, author of the FRAC Act – which would mandate actual frackingย chemical disclosure, although it’s never garnered more than a handful of co-sponsorsย – to sayย FracFocus offers nothing more than the mirage ofย transparency.ย 

โ€œFracFocus is just a fig leaf for the industry to be able to say theyโ€™re doing something in terms of disclosure,โ€ she said.

โ€œFig leafโ€ is a generous way of putting it. After all,ย FracFocus is merely a PR front for the oil and gasย industry.ย 

FracFocus‘ domain is registered by Brothers & Company, a public relations firm whose clients include industry lobbying tour de force Americaโ€™s Natural Gas Alliance (ANGA), Chesapeake Energy, and American Clean Skies Foundation – a front group for Chesapeakeย Energy.

ALEC Model Bill Gone U.S. Public Lands in BLM Rulesย 

BLM‘s rules are a mirror image of the ALEC/ExxonMobil โ€œmodel billโ€ for fracking chemical disclosure.ย ย 

โ€œThe rule would require that disclosure of the chemicals used in the fracturing process be provided to the BLM after the fracturing operation is completed,โ€ BLM explains. โ€œThis information may be submitted to the BLM through an existing Web site known as FracFocus.org, already used by some states for reporting mandatory chemical disclosure of hydraulic fracturingย chemicals.โ€

Paralleling the BLM rules but less specific in what the online registry would be (it ended up becoming FracFocus), the ALEC/ExxonMobil model is a BLM rulesย clone.ย 

โ€œThe {insert relevant state agency} by rule shallย require an operator of a well on which a hydraulic fracturing treatment is performed to complete the form posted on the hydraulic fracturing chemical registry Internet website,โ€ the model bill reads.

This shall include both โ€œthe total volume of water used in the hydraulic fracturing treatmentโ€ and โ€œthe total volume of water used in the hydraulic fracturing treatmentโ€ฆas provided by a service company or chemical supplier or by the operator, if the operator provides its own chemical ingredients.โ€ย 

Obama Admin. โ€œHuddledโ€ with Industry Before Rulesย Releasedย 

On April 12,ย EnergyWire‘sย Mike Soraghan revealed that the Obama Admin. โ€œhuddledโ€ with Big Oil before releasing BLM‘s final rules, watering them down to suit the industry’sย taste.ย 

Heather Zichal, deputy assistant to the president for energy and climate change, โ€œmet more than 20 times in 2012 with industry groups and company executives lobbying on the proposed rule,โ€ according to Soraghan’s review of White House visitor records. โ€œAmong them were the American Petroleum Institute (API) and the Independent Petroleum Association of America (IPAA), along with BP America Inc., Devon Energy Corp. and Exxon Mobilย Corp.โ€

โ€œThe rule really reflects who has had the most access and who is being listened to,โ€ Fran Hunt of the Sierra Club’s โ€œBeyond Gasโ€ campaign told EnergyWire. โ€œThey’ve been following the road signs put up byย industry.โ€

Michael Brune, Executive Director of the Sierra Club, echoed theseย concerns.ย 

โ€œAfter reviewing the draft rules, we believe the administration is putting the American publicโ€™s health and well-being at risk, while continuing to give polluters a free ride,โ€ Brune stated of BLM‘s new fracking rules. โ€œThis proposal does not require drillers to disclose all chemicals being used for fracking and continues to allow trade-secret exemptions for the oil and gasย industry.โ€

Image Credit: ShutterStock |ย Aquir

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Steve Horn is the owner of the consultancy Horn Communications & Research Services, which provides public relations, content writing, and investigative research work products to a wide range of nonprofit and for-profit clients across the world. He is an investigative reporter on the climate beat for over a decade and former Research Fellow for DeSmog.

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