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

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.

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