EPA’s Approach to Developing Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels: EPA Discussion with Tribal Representatives
Author:
US Environmental Protection Agency (USEPA)
Date Published:
6/2011
Description:
Several statutes may be leveraged to protect water quality, but EPA's central authority to protect drinking water is drawn from the Safe Drinking Water Act (SDWA). The protection of USDWs is focused in the Underground Injection Control (UIC) program, which regulates the subsurface emplacement of fluid. Congress provided for exclusions to UIC authority (SDWA § 1421(d)). While the SDWA specifically excludes hydraulic fracturing from UIC regulation under SDWA § 1421 (d)(1), the use of diesel fuel during hydraulic fracturing is still regulated by the UIC program. Any service company that performs hydraulic fracturing using diesel fuel must receive prior authorization through the applicable UIC program. For more information on how the UIC regulations apply to hydraulic fracturing using diesel fuels please see EPA's Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels. The UIC regulations can be found in Title 40 of the Code of Federal Regulations Parts 144-148.
State oil and gas agencies may have additional regulations for hydraulic fracturing. In addition, states or EPA have authority under the Clean Water Act to regulate discharge of produced waters from hydraulic fracturing operations.
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