June 9, 2011
In it's recent article, "EPA Floats Broad Plan for Diesel Fracking Guide, Prompting Early Criticism," Inside EPA reports that the EPA is considering a proposed a plan to determined under what circumstances diesel use in hydraulic fracturing is permissible under the Safe Drinking Water Act. This has created for objections from industry officials questioning the lawfulness of such a guidance and fearing further regulation to the practice.
Associate Michele G. Hallowell was quoted, calling for a need for industry standards in order to protect those currently operating in the gray area.
"Without a clear federal mandate to obtain a federal permit and no practical means of doing so (at least currently) significant uncertainty remains for operators who have used or are using diesel without being expressly permitted," said Ms. Hallowell, originally posted on Kelley Drye's Fracking Insider blog page.
For the time being, the EPA plans to move forward with its guidance, a course of action that continues to be met with much criticism.
For more on legal, legislative, regulatory and economic developments related to the practice of hydraulic fracturing, please visit the Kelley Drye blog Fracking Insider.