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EPA working within current law to regulate diesel in fracking fluid

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By Lauren Pagel

January 28, 2011

UPDATE | UPDATE II

Yesterday, the Greenwire (published in the New York Times)* erroneously reported that the Environmental Protection Agency (EPA) issued new regulations for the use of diesel fuel in hydraulic fracturing (aka fracking).

What the EPA did do: use its website to highlight existing law that authorizes EPA to prevent the injection of diesel fuel underground during fracking. EPA took this step only after companies like Halliburton were caught doing so.

The EPA's authority to regulate the use of diesel to protect drinking water from oil and gas related pollution is actually well established.

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Tagged with: fracking, epa, hydraulic fracturing, safe drinking water act, sdwa


EPA, diesel, fracking, and transparency: a clarification.

Lauren Pagel's avatar
By Lauren Pagel

January 28, 2011

Last week, I blogged about the EPA using its authority under the 2005 Energy Policy Act to regulate the use of diesel in hydraulic fracturing, and used a Greenwire story published in the New York Times on the issue to highlight the issue.

While the EPA is within its authority under current law to regulate the use of diesel in fracking as part of the current regulations for Class II wells under the Safe Drinking Water Act (SDWA), I do feel that the EPA could have gone about its announcement around this issue in a way that was more transparent.

By adding language to their website without an official announcement, the EPA kept the public and industry in the dark about something that did not and should not have been kept a secret.

It would have been in the public interest (and would have created far less controversy) if the EPA had created a participatory process with a public announcement regarding the regulation of diesel fuel used for hydraulic fracturing.

It would also have been in the public interest for the EPA to have begun to deal with this issue back in 2005 when the Energy Policy Act was passed and their regulatory authority to regulate this practice was made clear.

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Tagged with: fracking, epa, hydraulic fracturing, new york times, greenwire


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