Some refer to this as the
"Halliburton Loophole"

Halliburton frac fluid on a tractor
trailer near Buffalo, Pa.
  

‘‘(B) excludes—
‘‘(i) the underground injection of natural gas for purposes of storage; and
‘‘(ii) the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.’’.

SEC. 323. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following:
‘‘(24) OIL AND GAS EXPLORATION AND PRODUCTION.—The term ‘oil and gas exploration, production, processing, or treatment operations or transmission facilities’ means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.’’.

'Fracking Convention' in Greene County, Pa.
 

Fracking Washington County, Pa Marcellus Shale wells
 

Frac chemicals in Beaver County, Pa.
 

Public Citizen’s Analysis of the Domenici-Barton Energy Policy Act of 2005
OIL & GAS REGULATORY ROLLBACKS

Section 322

"Exempts from the Safe Drinking Water Act a coalbed methane drilling technique called “hydraulic fracturing,” a potential polluter of underground drinking water. One of the largest companies employing this technique is Halliburton, for which Vice President Richard Cheney acted as chief executive officer in the 1990s. This exemption would kill lawsuits by Western ranchers who say that drilling for methane gas pollutes groundwater by injecting contaminated fluids underground. Only 16 companies stand to significantly benefit from this exemption from clean water laws: Anadarko, BP, Burlington Resources, ChevronTexaco, ConocoPhillips, Devon Energy, Dominion Resources, EOG Resources, Evergreen Resources, Halliburton, Marathon Oil, Oxbow (Gunnison Energy), Tom Brown, Western Gas Resources, Williams Cos and XTO. These companies gave nearly $15 million to federal candidates—with more than three-quarters of that total going to Republicans. Moreover, the 16 companies spent more than $70 million lobbying Congress.

Source:
Public Citizen
www.citizen.org

Halliburton truck in Hundred, West Virginia
September 30, 2007 photo