Industry is vowing to challenge a seemingly broad definition of “diesel” EPA appears to be using in its draft guidance on permitting hydraulic fracturing operations under the drinking water law, saying the definition is unlawful because it targets chemicals beyond “diesel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.