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ARTICLE · 28 MAY 2012

EPA Issues Draft Guidance For Hydraulic Fracturing With Diesel Fuel

Cozen O'Connor
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Acting pursuant to its authority under the Safe Drinking Water Act (SDWA), the U.S. Environmental Protection Agency (EPA) on May 10, 2012, released draft permitting guidance for hydraulic fracturing during oil and natural gas production activities, but which applies only where diesel fuel is a component of the fracturing fluid.

United StatesEnvironment
Ira Megdal
Ira Megdal
Joshua Belcher
Joshua Belcher
Peter Fontaine
Peter Fontaine
Michael Klein
Michael Klein
Ahren Tryon
Ahren Tryon
David Zerhusen
David Zerhusen

Acting pursuant to its authority under the Safe Drinking Water Act (SDWA), the U.S. Environmental Protection Agency (EPA) on May 10, 2012, released draft permitting guidance for hydraulic fracturing during oil and natural gas production activities, but which applies only where diesel fuel is a component of the fracturing fluid. The EPA will take public comment on the proposed guidance through July 9, 2012.

As discussed in more detail below, the guidance does not apply in states, tribes and territories with primary enforcement authority (or primacy) over the SDWA's Underground Injection Control (UIC) program. Nevertheless, permit writers in primacy states have full discretion to consider and incorporate the federal guidance as they see fit.

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