In the past two weeks, the Environmental Protection Agency (EPA) and the Bureau of Land Management (BLM) have both indicated that they are reconsidering recent rulemaking activities related to hydraulic fracturing. Neither agency provided specifics on the potential revisions.
Continue Reading Federal Agencies Reconsider Fracking Regulations
Alaska Considering State Primacy Over Section 404 Dredge and Fill Permitting
In his State of the State address on January 16, 2013, Alaska Governor Sean Parnell called for the state to assume primacy for dredge and fill permitting under Section 404 of the Clean Water Act. Two days later, on January 18, 2013, Governor Parnell introduced two bills – Senate Bill 27 and House Bill 78…
Both Sides Challenge EPA’s New Fracking Air Emissions Rules
Nine separate petitions for review were filed lask week in the D.C. Circuit Court of Appeals challenging EPA’s New Source Performance Standards (NSPS) for fracking well completions and revised National Emission Standards for Hazardous Air Pollutants (NESHAP) for major sources at oil and gas production facilities. The petitioners include environmental groups, industry associations and the State of Texas.
Continue Reading Both Sides Challenge EPA’s New Fracking Air Emissions Rules
EPA Issues Final Rule Governing Fracking Emissions
Last week, EPA issued a final rule imposing New Source Performance Standards (NSPS) on fracking well completions. The rule applies to new gas wells and refractured gas wells, which are considered “modifications” subject to NSPS. Under the new rule, fracking operators must use reduced emission completions, also known as RECs or green completions, to reduce…
Industry Report Suggests Improvements for EPA’s Proposed Fracking Study
The American Petroleum Institute and America’s Natural Gas Alliance sponsored a report finding that EPA’s proposed hydraulic fracturing study plan could be improved in several areas. The report finds that the proposed EPA study reaches beyond the scope of Congress’s stated purpose – studying the relationship between fracking and drinking water. Rather than focus on…
Oil & Gas Industry Law Alert: U.S. EPA Continues Refinery Enforcement, Focuses on Flares
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice recently announced the latest proposed settlement in EPA’s Clean Air Act enforcement initiative against petroleum refiners. Hess Corporation will pay an $850,000 civil penalty and spend more than $45 million on new pollution controls at its Port Reading, New Jersey refinery to resolve alleged…
FEDERAL AGENCIES TAKE ACTION ON FRACKING GUIDELINES
At the end of last week, EPA and BLM each released draft requirements relating to fracking. EPA released draft Underground Injection Control (UIC) Class II well permitting guidance for fracking activities that use diesel fuels. BLM released draft rules requiring public disclosure of fracking chemicals used on public and Indian lands.
The EPA guidance applies…