Schaub 4:00 L10 ETHICAL QUESTIONS POSED BY AN EXTREME CASE OF THE DANGERS OF FRACKING CHEMICALS Roman Solomond (rjs126@pitt.edu) INTRODUCTION: THE NECESSARY AND DANGEROUS CHEMICAL In fracking, chemicals mixed with water are pumped into a wellbore to created hydraulic fractures in order to assist the recovery of the gas trapped in the earth. Though the methods used for fracking normally prevent any of this water chemical mix from escaping, it is possible and it has happened.[1] In addition, many water treatment plants are unable to handle the water from fracking.[2] If the waste water from fracking is taken to these plants to reintroduce it into the water system, the water leaves with “concentrations of several of the chemicals exceeding EPA drinking water standards”.[3] Finally, even if the water is kept on site and left there, the chemicals can become airborne.[4] So, if chemicals that are used in fracking can adversely affect bad health, there is a very real possibility that they will affect the public. However, fracking companies are not required to disclose what chemicals they use in their hydraulic fracturing and are exempt “from regulation by the Environmental Protection Agency.”[5] Because of this, it is impossible for anyone outside the company to know if there are any such chemicals being used. However, those working at the company can know what is being used in the chemical concoction. What if someone with a nondisclosure agreement finds out that some of the chemicals have been proved to have the potential to cause health problems when used in fracking? Furthermore, fracking is practically impossible to continue without these theoretical chemicals or any similar ones. While this situation is purely hypothetical, it is not an entirely impossible scenario, as there are concerns about major potential damage if fracking affects fault lines by causing “an increase in tremors and earthquakes.”[6] The engineer has no need to disclose it, and furthermore, his nondisclosure agreement with the company, prevents him from revealing what chemicals are in the concoction. There is also no guarantee that his company’s fracking equipment will fault, or that the methods it uses will cause the chemicals to affect the population. In addition, fracking provides huge benefits to the population, giving cheap, abundant energy to the population. So, is it ethical for the engineer who knows about this potentially harmful chemical to reveal it? There is a definite potential that continuing operations could injure the health of everyone in the area, but allowing the fracking to continue will definitely result in many benefits, such as an increase in jobs, cheap energy, and energy independence. Were I in this situation, my initial reaction would be to reveal that my company is using a dangerous chemical. Even University of Pittsburgh, Swanson School of Engineering 1 2013-10-29 though there is much gain to be had by continuing to frack, the fact that doing so may cause harm is reason enough to stop. It is worse to find one innocent man guilty than to let ten guilty men go free; some benefits to make life easier or better cannot outweigh causing permanent damage to lives. In addition, fracking will not completely stop because of this reveal. At best, the company will be forced to stop using the chemical and will be forced to either use a vastly inferior composition of chemicals, resulting in a less efficient yield, or stop production entirely if there is no profit to be made anymore. At worst if fracking is entirely impossible without these necessary and dangerous chemicals, then all procedures of fracking will be forced to stop, resulting in a weakened economy and an increase in American dependence on foreign fuel. But this is all just a reaction from how I was raised and from what I was taught to be the right thing. However, such a decision should not be made based solely on first reactions. Other sources should be considered, such as the codes of ethics for engineers. The opinions of both sides should be well considered. For such a purpose, articles for both sides can be used to easily see either side of the argument, and a site like Points of View can be used to gather an understanding of the pros and cons of either side. OTHER ARGUMENTS: BENEFITS OF FRACKING Many people have argued for both sides of fracking and have documented their cases. Looking at both sides and comparing the arguments helps to get a feel for how both sides present themselves and what can be used to defend or attack either side. Points of View gives a good starting point for looking at either side. In defense of fracking, the benefits are huge. Fracking has caused a huge drop in the prices of gas and oil, bolstering the United States economy.[7] The abundance of energy has also lead to a lessening of the use of coal, resulting in less carbon emissions. Using hydraulic fracturing for shale gasses and oil is also fairly sustainable, with “vast reserves of natural gas that could power our homes and businesses well into the next century,” and some estimates predict well over one hundred years’ worth of fuel.[7][8]It has provided jobs to many, and “the energy sector capital generated by fracking will result in billions in tax revenues,”[9] again helping the suffering American economy. Finally, fracking gives us energy that we need so desperately to match the rise is energy consumption and demand.[9] It provides the United States with many significant benefits. Without fracking the States would undoubtedly suffer as a Roman Solomond good amount of jobs would disappear and America would have to rely even more on foreign powers for fuel. danger would be made pressing because of the omnipresence of the chemical in fracking combined with the danger of the chemical. This omnipresence means that any break for any company at any time would result in major poisonings. OTHER ARGUMENTS: HARMFUL EFFECTS OF FRACKING THE CODES OF ETHICS But nothing can be totally beneficial, and there is no pretense that fracking comes anywhere close to perfection. It has been shown to have previously caused detrimental effects on surrounding population, though many of fracking’s old mistakes have been cleaned up.[3][1] However, the fact still remains that fracking is not completely safe. The wellbores are not perfect, and are entirely susceptible to breaking, allowing the chemical filled water to leak out and defile the aquifers and public drinking water. The chemicals, while well contained, cannot be completely removed from the water in any practical way, though work is being done on it.[2] Point of View also gives an excellent idea of what is wrong with fracking and why it poses health threats to those living in areas where fracking is common. First, fracking is rapidly developing. It has developed quickly enough that legislation has been unable to keep up with it, so there is no guarantee that unsafe practices are not in use, though legislation is catching up and is working on past mistakes.[10] If there is no law against it and there is no hard science proving that certain methods are dangerous, then there is very little, or even nothing, preventing fracking companies from using these potentially harmful methods in order to get more fuel or to get the fuel more easily. Secondly, fracking pollutes groundwater reserves. Though it is not guaranteed, since not all tap water sources near hydraulic fracturing have been contaminated, it is still a definite possibility that containment methods will fail and the chemical laden water will leak into the public water reserves and poison them. Finally, fracking is not entirely self-contained. Even if the water is kept perfectly contained, the process of fracking releases harmful gasses that can adversely affect the health of any people living in the area.[6] These are all very real concerns, and would be made even more pressing if a situation like the one outlined above came into play. The progress in legislation to contain fracking and prevent it from causing any undue or excessive harm is behind fracking itself. Because of this, fracking methods that pose a real danger to the health of the population are most likely in use simply because it is more efficient and there is nothing forcing the companies to stop. Such would be the case with the theoretical necessary and malicious chemical. Legislation would definitely not have addressed such an issue, and even if it were to try to, the nature of the legislation process itself would make such a task take far too long, by which time permanent effects could have already befallen the population. In addition, fracking methods are not perfect. The wellbores are subject to fault, and any fault in them means that the chemicals pumped into them will end up in the public drinking water, resulting in detrimental, if not lethal, effects on the population. With the imagined chemicals, such a There are many dangers with fracking, and very little precedence. However, code of ethics for engineers provide a very broad look at what is too be done in scenarios that are likely to happen and scenarios that were impossible to foresee. They look at the underlying ideas instead of specific scenarios, and, because of this broadness, can be used in nearly any situation that will ever occur. This hypothetical situation is not made much easier by consulting the codes of ethics. The same broadness that allows the codes to address many potential scenarios also makes it nearly impossible to concretely apply it to any one scenario. In the Code of Ethics for Engineers, it explicitly states that, “Engineers, in the fulfillment of their professional duties, shall: 1. Hold paramount the safety, health, and welfare of the public.”[11] The Code of Ethics for Chemical Engineers holds a very similar position, stating, “Members shall: Hold paramount the safety, health and welfare of the public and protect the environment in performance of their professional duties.”[12] These two injunctions alone are very powerful. If the hypothetical chemical can cause such massive destruction, then the good of the environment and of the population would come before any potential benefits. However, this is not a definite conclusion yet. Some things could still put a hold on the revelation of this chemical, such as the nondisclosure agreement, forcing anyone who has knowledge of this chemical to not reveal it. Such an agreement does have significant power, and the Code of Ethics for Engineers directly addresses this twice: “Engineers shall not reveal facts, data, or information without the prior consent of the client or employer except as authorized or required by law or this code,” and “Engineers shall not disclose, without consent, confidential information… of any present or former client or employer.”[11] The code is explicit enough to warrant the employment of these clauses, forcibly stopping the engineer from taking action since the law does not require it and the code does not address the situation directly enough to warrant a breaking of the agreement. Furthermore, though the Code of Ethics for Engineers states that Engineers should, “Formally advise their employers or clients … if they perceive that a consequence of their duties will adversely affect the present or future health or safety of their colleagues or the public,” it also states that “Members shall: Act in professional matters … as faithful agents… never breaching confidentiality.”[12] This strong statement overrides any force the former quote may have had. The codes of ethics are unable to provide any concrete help. Though a selective or biased read might be able to sway the decision one way or another, the codes are too vague. It could be considered “required by… this Code,” to follow the 2 Roman Solomond first command given in the code, to “hold paramount to the …health… of the public,” if paramount is interpreted to contain the necessary power.[11] However, read at face value, the codes lean in favor of keeping the nondisclosure agreement. Article). http://cen.acs.org/articles/90/i42/Treating-WaterHydraulic-Fracturing.html. [3] “Struggles with Fracking Waste Water.” Chemical and Engineering News. (2013). (Online Article). http://cen.acs.org/articles/91/i12/Struggles-FrackingWastewater.html. [4] R. Clarren. (2013). “Fracking Is a Feminist Issue.” Proquest. (Online Article). http://search.proquest.com/docview/1365233747. [5] “Fracking con and pro.” American Society of Mechanical Engineers. (2011). (Online Article). http://go.galegroup.com/ps/i.do?id=GALE%7CA272671014 &v=2.1&u=upitt_main&it=r&p=AONE&sw=w [6] J. Pritchard. (2013). “Counterpoint: Energy Companies Should Cease All Hydraulic Fracturing Operations in the United States.” Points of View Reference Center (Online Article). http://web.ebscohost.com/pov/detail?sid=b9aeffc39549-452e-8479b66a4c5f96b9%40sessionmgr198&vid=4&hid=124 [7] F. Beinecke, D. Whitten. (2013). “Is fracking our energy future? Hydraulic fracturing (fracking, for short) is a new drilling technique that can extract hard-to-reach oil and gas.” New York Times Upfront. (Online Article). http://rt4rf9qn2y.search.serialssolutions.com/?ctx_ver=Z39. 88-2004&ctx_enc=info%3Aofi%2Fenc%3AUTF8&rfr_id=info:sid/summon.serialssolutions.com&rft_val_fm t=info:ofi/fmt:kev:mtx:journal&rft.genre=article&rft.atitle=I s+Fracking+Our+Energy+Future%3F&rft.jtitle=New+York +Times+Upfront&rft.au=Daniel+Whitten&rft.au=Frances+ Beinecke&rft.date=2013-0128&rft.pub=Scholastic+Inc&rft.issn=15251292&rft.volume=145&rft.issue=9&rft.spage=23&rft.extern alDocID=2885601151&paramdict=en-US [8] C. Farmington. (2013). “US Hydraulic Fracking Regulations Prevent Groundwater Contamination, Fracking Industry Boosts Global Demand for Silica Sand.” PR Newswire. (Online Article). http://rt4rf9qn2y.search.serialssolutions.com/?ctx_ver=Z39. 88-2004&ctx_enc=info%3Aofi%2Fenc%3AUTF8&rfr_id=info:sid/summon.serialssolutions.com&rft_val_fm t=info:ofi/fmt:kev:mtx:journal&rft.genre=article&rft.atitle= US+Hydraulic+Fracking+Regulations+Prevent+Groundwate r+Contamination%2C+Fracking+Industry+Boosts+Global+ Demand+for+Silica+Sand&rft.jtitle=PR+Newswire&rft.date =2013-0122&rft.pub=PR+Newswire+Association+LLC&rft.external DocID=2871655331&paramdict=en-US [9] J. Pritchard. (2013). “Point: Energy Companies Should Expand Hydraulic Fracturing Operations in the United States.” Points of View Reference Center (Online Article). http://web.ebscohost.com/pov/detail?sid=b9aeffc3-9549452e-8479b66a4c5f96b9%40sessionmgr198&vid=4&hid=124 [10] T. Tillet. (2013). “Summit Discusses Public Health Implications of Fracking.” Enviromental Health CONCLUSION The codes of ethics were not entirely helpful, though they weren’t helpful in very different ways. The Code of Ethics for Engineers was not helpful because of the vagueness of the statement “required by… this Code.”[11] The idea “required” can be taken very literally, only following that clause when the code explicitly states that such a thing is to be done. Alternatively, it could be read in a much looser sense, taking required to mean a general ‘the code wants me to do this,’ resulting a loose translation that can bend the code to almost any purpose. On the other side is the Code of Ethics for Chemical Engineers. This code is far too strict, simply because of their use of the word “never.”[12] Such an injunction leaves absolutely no room any future situations that might be outside the scope of what the code foresaw. Codes of ethics are very important to engineers. They give an unbiased decision that applies evenly across the board. Even if there are some faults with them, they are absolutely necessary. Though they provide only a general protection, and one that can easily manipulated at that, they are better than absolutely no code whatsoever. Without any code, there would be no limitations. Although this might be nice in some situations, like making it easier to reveal some hidden, malicious information, it would also mean that there is nothing to stop people with less scruples from running amok, doing whatever they please with no thought to what harm might befall the population because of their actions. As much as they are hated and as much as they are undescriptive, codes of ethics, with all their faults, are better than nothing. REFERENCES [1] C. Tucker. (2013). “Health concerns of ‘fracking’ drawing increased attention.” The Nation’s Health. (Online Article). http://rt4rf9qn2y.search.serialssolutions.com/?ctx_ver=Z39. 88-2004&ctx_enc=info%3Aofi%2Fenc%3AUTF8&rfr_id=info:sid/summon.serialssolutions.com&rft_val_fm t=info:ofi/fmt:kev:mtx:journal&rft.genre=article&rft.atitle= Health+concerns+of+%27fracking%27+drawing+increased +attention&rft.jtitle=The+Nation%27s+Health&rft.au=Charl otte+Tucker&rft.date=2012-03-01&rft.issn=00280496&rft.volume=42&rft.issue=2&rft.spage=1&rft.external DBID=INAH&rft.externalDocID=2613222631&paramdict= en-US [2] M. Bomgardner. (2013). “Treating Water From Hydraulic Fracturing.” Chemical and Engineering News. (Online 3 Roman Solomond Perspectives. (Online Article). http://ehp.niehs.nih.gov/121a15/ [11] “NSPE Code of Ethics for Engineers.” National Society of Professional Engineers. (2007). (Online Article). http://www.nspe.org/ethics/codeofethics/index.html [12] “Code of Ethics.” American Institute of Chemical Engineers. (Online Article). http://www.aiche.org/about/code-ethics ACKNOWEDGEMENTS Thanks to Matthew So, who proofread this paper and made it much more well written. Thanks to Forrest Salamida for getting me to start working on this paper as well as providing me with useful materials. 4