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Fracking and Alternative Energy

Babst Calland: Permitting for Using Diesel in Hydraulic Fracturing Revised by EPA

By Scott McKernan

The United States Environmental Protection Agency (EPA) recently released revised permitting guidance for underground injection control (UIC) under the Safe Drinking Water Act for wells using diesel fuels during hydraulic fracturing activities, reports The State Journal.  EPA has also issued a memorandum clarifying that class II UIC requirements apply to hydraulic fracturing activities using diesel fuels and defining the term “diesel.”  The guidance outlines existing class II requirements for diesel fuels used for hydraulic fracturing wells and technical recommendations for consistently permitting those wells with the requirements.  The decisions about permitting such wells will be made on a case-by-case basis, taking into account the specific injection activity and applicable statutes, regulations and case law, but the guidance will not be cited as a basis for any decision.  The guidance and related documentation can be found here.

Copyright 2014 • Babst, Calland, Clements and Zomnir, P.C. • Two Gateway Center, Pittsburgh, PA 15222 • 412-394-5400 • Administrative Watch is privately distributed by Babst, Calland, Clements and Zomnir, P.C., for the general information of its clients, friends and readers. It is not designed to be, nor should it be considered or used as, the sole source of analyzing and resolving legal problems. If you have, or think you may have, a legal problem or issue relating to any of the matters discussed in the Administrative Watch, consult legal counsel.

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