The U.S. Environmental Protection Agency (USEPA) recently extended the public comment deadlines associated with its proposed rulemaking to redefine “waters of the United States” for federal Clean Water Act programs and its request for information regarding a possible rulemaking for the disclosure of hydraulic fracturing chemicals. The new comment deadline for the Clean Water Act rulemaking is October 20, 2014. The new deadline to comment on the advance notice of proposed rulemaking regarding chemical disclosure is September 18, 2014.
Today the U.S. Environmental Protection Agency (USEPA) published in the Federal Register its advance notice of proposed rulemaking regarding the disclosure of chemicals and mixtures associated with hydraulic fracturing (see previous post). Public comments will be accepted through August 18, 2014.
Today the U.S. Environmental Protection Agency (USEPA) announced the availability of an advance notice of proposed rulemaking (ANPR) to solicit public comments on “the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information.” USEPA’s action responds to a 2011 petition signed by Earthjustice and more than 100 other groups requesting that USEPA require toxicity testing of chemicals and mixtures used by the oil and gas industry and submission of various records pursuant to the federal Toxic Substances Control Act. Upon the ANPR’s publication in the Federal Register, USEPA will accept comments for 90 days on a number of issues relating to the “design and scope” of voluntary and/or mandatory approaches for USEPA to obtain information about chemicals and mixtures used in hydraulic fracturing. Jim Jones, USEPA Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, considers the ANPR to be “an important step in increasing the public’s access to information on chemicals used in hydraulic fracturing activities.”
Yesterday the Pennsylvania Department of Environmental Protection (DEP) released its inaugural Oil and Gas Annual Report, which showcases DEP’s regulation of Pennsylvania’s oil and gas industry. The Report describes the structure of DEP’s Oil and Gas Program and provides an overview of how Pennsylvania shale plays are connected to energy security. The Report also provides examples of the agency’s work in the areas of “Permitting”, “Inspections,” “Compliance and Enforcement,” and “Stray Gas Investigations,” including mention of a database created by DEP for stray gas investigations with information dating back to 1987. In the section devoted to “Regulatory and Policy Development,” DEP indicates that it anticipates presenting a final Chapter 78, Subchapter C rulemaking to the Oil and Gas Technical Advisory Board in 2014. The Report concludes with highlights of DEP “Innovations” and a summary of studies and proposed regulations set for 2014.
As reported by the Akron Beacon Journal Online on April 4, 2014, the Ohio Environmental Protection Agency issued revised general permits for the installation and operation of air contaminant sources at oil and gas horizontal well sites to address methane gas released from valves, connectors and other equipment. Under the new permits, operators are required to scan all the equipment at a well site on a quarterly basis for any leaks of hydrocarbons. The purpose of the new permits is to quickly identify and correct potential gas leaks at well sites and to prevent unnecessary emissions. Colorado and Wyoming have recently adopted similar air emissions requirements.
In tomorrow’s Pennsylvania Bulletin, the Pennsylvania Department of Environmental Protection (PADEP) will issue a notice regarding the establishment of subcommittees by the Oil and Gas Technical Advisory Board (OGTAB) to discuss specific provisions at public meetings concerning “public resource protection, prehydraulic fracturing assessment, waste management at well sites and water supply restoration standards,” which are part of the PADEP’s draft proposed rulemaking under 25 Pa. Code Chapter 78, Subchapter C (“Environmental Protection Performance Standards”). These public meetings are scheduled for July 17-18 in Greensburg, August 14-15 in State College, and September 18-19 in Harrisburg.
As profiled in an article by Pam Kasey in the West Virginia State Journal, Charleston-based Appalachian Basin natural gas operator Triana Energy, LLC has meet the stringent environmental standards required to achieve ISO 14001 certification. To achieve certification, Triana established a comprehensive environmental management system for its operations. The company claims to be one of the first oil and gas exploration and production companies in the U.S. to receive ISO 14001 certification, which requires internal environmental controls and standards that are more demanding than current regulatory requirements.