Northeast and Mid-Atlantic state officials are slated to meet later this week to debate a revised model rule for cutting ozone-forming emissions from natural gas compressors that would delay the rule's implementation from 2015 to 2016, in response to industry concerns that an earlier draft of the plan was infeasible to meet by the 2015 target.
Obama administration officials are highlighting a new strategy for ensuring that research and oversight of hydraulic fracturing operations is not duplicative, optimizes collaboration and capitalizes on core capabilities of EPA, Department of Energy (DOE) and the Interior Department (DOI), carving out a “lane” of scrutiny for each agency to pursue.
A pending industry suit is testing EPA's controversial policy for when regulators must "aggregate" emissions from oil and gas operations to determine whether they are subject to strict “major” source permits, though activists are hoping the court backs the agency's decision to strictly regulate a gas field in Michigan, setting a precedent for other permits.
New draft guidance by Pennsylvania's Department of Environmental Protection (DEP) floats a first-time regulatory definition of a quarter mile for the boundary for determining when nearby oil and gas emissions must be "aggregated," or grouped together, for permitting purposes and subject to strict Clean Air Act pollution controls.
Environmentalists are urging EPA to force revisions to Pennsylvania's air quality plan for meeting agency air standards in order to impose controls on natural gas drilling in the Marcellus Shale formation, warning that the plan fails to address the emissions and raising the prospect of a lawsuit if EPA fails to respond to their concerns.
House Democrats have submitted revised industry data to EPA showing greater use of diesel fuel in unpermitted fracking operations than earlier estimates, intensifying the lawmakers' calls for the agency to strictly address the practice in a series of upcoming policy decisions governing permitting and reporting requirements for the industry.
A key Republican senator is mounting an early challenge to EPA's pending draft guidance for how hydraulic fracturing operations that use diesel fuels should be permitted under the Safe Drinking Water Act (SDWA), suggesting that the agency's plan to define “diesel” may be overly broad and oversteps its authority under the drinking water law.
EPA is acknowledging it may face hurdles in its plan to set first-time technology-based discharge standards under the Clean Water Act (CWA) for the growing shale gas drilling sector because there are few, if any, treatment technologies available -- a problem that industry says undermines the need for the agency to develop the regulation.
Industry is vowing to challenge a seemingly broad definition of “diesel” EPA appears to be using in its draft guidance on permitting hydraulic fracturing operations under the drinking water law, saying the definition is unlawful because it targets chemicals beyond “diesel fuels” and oversteps the agency's Safe Drinking Water Act (SDWA) powers.
“We think the law says [EPA has the power to regulate] 'diesel fuels',” not the more general term, “diesel,” one industry attorney says.
The Justice Department's (DOJ) top environmental official is vowing to strictly enforce environmental laws against hydraulic fracturing operations even as the department is facing skepticism from a federal appellate court panel over what courts can consider when reviewing pre-enforcement actions.