When hydraulic fracking originated, the Environmental Protection Agency (EPA) did not regulate the injection of fluids for the fracturing of oil or gas production wells. In Alabama in 1997, the U.S. Court of Appeals ruled that fracturing for coalbed methane (CBM) production must be regulated under the Safe Drinking Water Act (SDWA). This led to the EPA conducting studies on the risk that fracturing for CBM might pose on drinking water. They concluded that the risk was small and that regulation was only needed when diesel was used. To avoid uncertainty, the SDWA was revised to state that the term “underground injection” excludes the injection fluids and propping agents used in hydraulic fracturing. Therefore, EPA lacks the authority, under SWDA, to regulate hydraulic fracturing except when diesel fuel is used. This was until the Fracturing Responsibility and Awareness of Chemicals Act (FRAC Act) was introduced. This repealed the exemption that was established under the SDWA and amended the term “underground injection” to include the injection fluids used in hydraulic fracking related to oil and gas production. This authorized the EPA to regulate this process under the SWDA. The FRAC Act also required the full disclosure of chemicals used in any fracturing processes.

Read more at:
Safe Drinking Water Act, EPA

Literature Cited

Schultz, A. (2012). Hydraulic Fracturing and Natural Gas Drilling. Nova Science Publishers.