To: Steve Heare, director of EPA’s Drinking Water Protection Division

Dear Steve,

I just read an article where you made the following statement in regards to state regulation of hydraulic fracturing:

“I have no information that states aren’t doing a good job already

I’ll let PA and CO with all their flammable water speak for themselves. Please, Steve, show me any Texas regulation specific to hydraulic fracturing. I won’t hold my breath till you find it because it does not exist.

Please provide the protocol used and frequency of testing of Texas groundwater by Texas regulatory agencies to determine no contamination has occurred. I won’t hold my breath for this information either because no Texas regulatory agency has a groundwater testing program.

It’s simple: If they don’t test the groundwater for contamination, they will never find contamination. However, that does not prove contamination does not occur.

I’d also like to point out that Texas has the most drilling and the worst regulation.

UPDATE: Remember that the Texas Railroad Commission was highlighted on Bill Moyers’ “Journal” for severe conflict of interest issues.

Brett Shipp Exposes the Texas Railroad Commission on Bill Moyers Tonight

The following is from NRDC Switchboard, Amy Mall’s blog:

ProPublica quotes a former Schlumberger hydraulic fracturing employee who worked in Texas, where the Railroad Commission regulates oil and gas wells, for several decades: “I never saw a Railroad Commissioner on one of the sites.”

Never saw an inspector. Over several decades.

Not only are inspections low, but there are also serious concerns about the actions taken by state regulators if, and when, they do investigate a complaint.

In May, 2008 (almost two years ago), an outfitter in western Colorado drank his water and became ill. It turns out there were very high levels of benzene, a known carcinogen, in his water. This outfitter had to hire his own consultants to try to get to the bottom of what happened, and has completely lost his business. This case is still under investigation by the state regulators. That means that no one has been cited or fined. In the meantime, a spill has occurred in the same area and new drilling is planned for the area.

In December, 2007, over two years ago, there was an explosion caused by drilling in Bainbridge Township, Ohio. the State did not issue an order to install new water lines to affected homes until April, 2009. The Ohio Department of Natural Resources continued to issue drilling permits to this operator until the fall of 2009, almost two years after the accident, when it finally got serious about requiring new water lines to be put in place. Over 40 homes are still without clean water sources. The operator has not been fined. The Ohio Department of Natural Resources has found over 900 incidents of water contamination linked to oil or gas drilling, but has denied only two permits for environmental reasons.

In Pennsylvania, U.S. Energy violated the law over 300 times before the state issued a cease and desist order that prohibited new drilling. That company is now allowed to drill again and has been fined.