November 21, 2011 at 10:32 AM
Porter: Texans don't fear science; neither should the EPA

Published September 19, 2011 by the Fort Worth Star-Telegram

This week the Environmental Protection Agency will begin collecting soil and water samples in the Barnett Shale region, specifically in Wise County, for what it is calling a study on hydraulic fracturing. As a member of the Texas Railroad Commission, our state's top energy regulator, I have grave concerns regarding this study.

The commission is exclusively responsible for the prevention and abatement of pollution of surface and subsurface water from oil and gas exploration and production activities, including hydraulic fracturing. I am intensely interested in the scope, methodology, science and conclusions of the EPA's study.  

It is important to note that after more than 60 years of hydraulic fracturing, there has never been a documented case connecting the practice to groundwater pollution. I understand the EPA's study is the product of a congressional mandate, but I feel that it is a prime example of federal government overreach and a colossal waste of taxpayer money.  

I also have concerns regarding the methodology by which the study's test sites were chosen. The sample was not selected based on science or fact, but rather solely from complaints by unsatisfied landowners. In fact, the EPA has stated in various media reports that they invited property owners to attend public meetings in order to directly express concerns regarding their groundwater -- not hydraulic fracturing concerns. It was through these public meetings that the test sites were chosen.

 Furthermore, this sampling, based on sometimes-biased complaints, does not adequately reflect the scope of hydraulic fracturing in Texas. While there have been incidents of communication between gas fields and water wells due to faulty machinery, improperly drilled water wells or insufficient cement casings, they are not a result of the actual practice of hydraulic fracturing. I believe that the EPA's study will try to connect these few isolated incidences with hydraulic fracturing, which is simply not accurate.

The Railroad Commission performs a thorough, independent investigation for every single complaint we receive. Many of the complaints the EPA found through its public meetings were never registered with the commission, nor did the EPA forward them to us.

To choose test sites based on complaints that were never registered with the appropriate state regulatory body is a gross overreach by the federal government and tramples on the rights of states to regulate key industries. Furthermore, it is my duty to ensure environmental protection and public safety, and I cannot fulfill that duty if I am not made aware of citizen concerns.

My concerns are heightened because the EPA has previously released erroneous statements with regard to hydraulic fracturing and groundwater contamination in the Barnett Shale. In December, the EPA issued a severely misguided emergency order against Range Resources, alleging that the company's shale drilling and exploration activities contaminated a pair of drinking wells in Parker County.

The Railroad Commission immediately opened an investigation and subsequently held a hearing on the Range case. The EPA was invited to present its data at the hearing, but curiously chose not to participate.

The facts and evidence presented at our hearing determined unequivocally that the gas found in the Parker County water wells came from the shallow Strawn gas field, which is only a few hundred feet deep.

Hydraulic fracturing in the Barnett Shale, which generally occurs more than a mile deeper than any freshwater aquifer, could not possibly cause groundwater contamination. There simply is not a pathway for migration.

The commission will be out in Wise County this week to witness the EPA's sampling. Because the EPA has a demonstrated history of ignoring the facts and operating on theory versus science, we will split all samples and perform our own rigorous testing.

Texas is blessed with an abundance of natural resources, and through hydraulic fracturing, we can now develop resources we weren't able to capture before, providing an incredible opportunity to bolster the Texas economy.

It is imperative that Texas remains in control of regulating its own natural resources so that the energy regulatory climate here remains fair, steady and predictable.

The Railroad Commission's long history of wisely enforcing state regulations has allowed oil and gas to drive our economy and establish Texas as a national economic powerhouse. Let's keep it that way.

David J. Porter was elected to a six-year term as Texas railroad commissioner in November.