An article in the
August 6 issue of Chemical and Engineering News says that the Natural Resources
Defense Council is making a play for federal control of chemical compounds used
by drilling companies in the fracking process for production of gas and oil.
Present control is under the jurisdiction of the individual states.
The Natural
Resources Defense Council is a private environmental advocacy group. It's
recommendation would make sense if there were the probability that contamination
at any one point would lead to a broad sustained health and safety effect over
several states. An example, would be sulfur dioxide from power plants being
blown by the wind to other states. However, that seems to not be the
case.
The other
aspect is that even if we can justify some sort of federal control, it need not
involve revealing the identity of fracking chemicals used by a specific company
to the public at large. If federal controls were to be applied, the obvious
controlling agency would be EPA. It could determine what standard fracking
chemicals were in common use and approve those which appear to have no negative
health effects. Many natural thickening agents, such as gums, starches, pectins,
agar-agar and gelatin also have food use and should obviously not cause a safety
and health problem. Guar gum is one substance which is widely used in fracking
and is also used as a constituent of ice cream.
Surface active
agents are also used in fracking. Many of these have application in household
use, such as dishwashing formulations and hand soaps. The EPA could prepare a
list of what they considered satisfactory materials.
If any company proposed to
use a material not on the list, it could petition the EPA for confidential
know-how approval, in which case the EPA might require some special health and
safety data in order to be satisfied that the material would not be a hazard to
the public. This would be a reasonable position, but because of the cost
requirements for supplying such safety and health data for EPA approval, the
identity of the material and especially the submitted safety and health data
must be kept confidential as private know-how and not allowed to drift into the
hands of possible competitors. If competitors want to use the company's health and
safety data for their own product approval by the EPA, they should be able to
obtain the desired information only by commercial negotiation with the original
owner. An alternative would be to develop their own data.
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