EPA Proposes Fracking Guidance - Comments Due June 29
Last month, EPA presented the planned scope of its guidance “Permitting for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels” at several stakeholder meetings. EPA will take public comment on its guidance scoping document through June 29.
The proposed guidance is intended to fill a perceived gap in the agency’s ability to oversee fracking due to an exemption in the 2005 energy law. EPA intends to apply existing Underground Injection Control regulations (UIC) for Class II wells to use of diesel fuels in fracking fluids. However, the Class II regulations specifically apply to injection wells for disposal of oil and gas drilling waste, enhanced oil and gas recovery projects and underground storage of liquid hydrocarbons. 40 C.F.R. § 146.5(b). Those operations are different than fracking in several ways, such as purpose, nature of material involved, or anticipated duration. In addition, several stakeholders have objected to EPA’s attempt to regulate through guidance rather than a formal rulemaking. And, as a further complication, many states have their own EPA-approved Class II well UIC programs. Often, those programs are run by the state oil and gas regulatory authority.
A draft of the guidance may be issued for public comment later this summer. EPA currently intends to finalize the guidance this fall.
