Last week, the US Environmental Protection Agency (EPA) issued final Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels under its Underground Injection Control (UIC) program. The final guidance comes more than a year and a half after EPA issued the initial draft, concluding that fracking operations using diesel fuel as a fracking fluid or propping agent were subject to UIC Class II permitting requirements (see May 8, 2012, post). Fracking activities not using diesel fuels are excluded from UIC requirements under the Safe Drinking Water Act pursuant to the 2005 Energy Policy Act.
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The Heat’s Still On! – Offshore Operators Must Disclose Hydraulic Fracturing Fluid Chemicals
By Mike Mills on
The Environmental Protection Agency (“EPA”) announced that starting on March 1, 2014, oil and gas operators performing offshore hydraulic fracturing operations must maintain an inventory of chemicals used to formulate frac fluid, and if there is any discharge of that fluid, to include the chemical formulation to the EPA within a quarterly discharge monitoring report.
These new…
A River Runs Through It: North Dakota Supreme Court Finds State Government Owns Minerals In Disputed “Shore Zone”
By Andrew Pieper on
The North Dakota Supreme Court issued an opinion last week resolving a constitutional question of public vs. private ownership of mineral interests in the area between the high and low water marks along navigable waters (commonly known as the “shore zone”). Ultimately, the court found that the state’s interest in minerals begins at the high…
Draft Of Model Silica Sand Mining Regulations Released By Minnesota Environmental Quality Board
By Andrew Pieper on
Update: The Minnesota Environmental Quality Board extended the public comment period for the draft model guidelines by two weeks. The deadline for public comments is now January 27.
On December 13, the Minnesota Environmental Quality Board (EQB) – in collaboration with several other state agencies, including the Minnesota Department of Natural Resources (DNR) and…
Department of Conservation Deputy Director Jason Marshall Will Speak at Seminar on What To Expect from SB 4
By Mike Mills on
On December 11, 2013, Stoel Rives and BSK Associates will host a complimentary breakfast seminar in Bakersfield, CA to share observations and strategies for complying with SB 4. Breakfast will begin at 7:30 a.m., with the program beginning at 8:00 a.m.
The office of Jason Marshall, Deputy Director of the Department of Conservation, has confirmed…
The Real Cost of Doing Business – Fracking Industry May Feel a Big Hit from OSHA’s Proposed Silica Exposure Rule
By Mike Mills on
In early September, OSHA issued a proposed rule that will limit permissible exposure to 50 micrograms of respirable crystalline silica per cubic meter of air. (See September 9, 2013 post.) This is approximately half of the current limit observed by industry. According to the U.S. Geological Survey, silica sand is used in approximately…
OSHA Proposes Silica Rule Affecting Fracking Workers
By Robin Seifried on
Last week, the Occupational Safety and Health Administration (OSHA) proposed a rule to decrease the permissible exposure limits (PELs) for crystalline silica. OSHA indicated that the inhalation of silica dust can increase workers’ risk of silicosis and other diseases. Silica is commonly used as a proppant in hydraulic fracturing.
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House Committee Advances Bill to Override BLM Fracking Regulations in Favor of State Rules
By Robin Seifried on
Last Week, the U.S. House of Representatives’ Natural Resources Committee advanced a bill that would require the Department of Interior (DOI) to defer to state rules regulating hydraulic fracturing on federal lands. HR 2728, the Protecting States’ Rights to Promote American Energy Security Act, would prevent DOI from imposing fracking regulations on federal land in states that already have regulations, guidance or permit requirements relating to fracking activities. The bill’s exemption from federal regulation is broad, incorporating not only state regulations specifically targeting fracking, but also any state requirements or guidance for any component of the fracking process.
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DOE Study Finds Fracking Does Not Contaminate Drinking Water Sources in Marcellus Shale
By Robin Seifried on
Last week, the U.S. Department of Energy (DOE) told The Associated Press that the preliminary results of its study indicated that that fracking chemicals did not reach drinking water sources at a well site in Greene County, Pennsylvania, in the Marcellus Shale formation. The study, conducted by the DOE’s National Energy Technology Laboratory, is the first performed by government scientists using tracers in fracking fluid. Researchers injected the tracers into fracking fluid at different stages of the fracking process while monitoring existing wells at about 3,000 feet above the fractures, which were roughly 8,000 feet below the surface. DOE found no evidence of the tracers in groundwater at the monitored wells.
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BLM’s Updated Draft Fracking Rule Draws Criticism from Both Sides
By Robin Seifried on
Last week, the Bureau of Land Management (BLM) released an updated draft rule governing hydraulic fracturing activities on public and Indian lands. BLM estimates that fracking occurs at approximately 90 percent of wells drilled on these lands. The updated rule follows an initial draft rule proposed in 2012, an extended comment period and several forums.
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