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It’s not my Fracking Problem! Regulations, Liability, and the Process of Hydraulic Fracturing. Katie Heath November 30, 2010. Hydraulic Fracturing. Underground Injection Wells Under the Safe Drinking Water Act.
November 30, 2010
EPA denied the petition, stating that the SDWA was concerned with injection of fluids for placement underground, and fracking was not covered under the statute.
LEAF petitioned the 11th Circuit for Review, asserting that denial was inconsistent with the SDWALegal Environmental Assistance Foundation v. EPA(1997)
“EPA's argument that a methane gas production well is not an "injection well" because it is used primarily for gas extraction is spurious…In view of clear statutory language requiring the regulation of all such activities, they must be regulated, regardless of the other uses of the well in which these activities occur.”
Conasauga Shale Formation, Alabama
“Based on the information collected and reviewed, EPA has concluded that the injection of hydraulic fracturing fluids into CBM wells poses little or no threat to USDWs and does not justify additional study at this time.”
“EPA's conclusions are unsupportable. EPA has conducted limited research reaching the unsupported conclusion that this industry practice needs no further study at this time. EPA decisions were supported by a Peer Review Panel; however five of the seven members of this panel appear to have conflicts-of-interest and may benefit from EPA's decision not to conduct further investigation or impose regulatory conditions.”
The term “pollutant” does not include:
“water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well-used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources.”Clean Water Act
42 U.S.C. § 11001
Section 390 of the Energy Policy Act of 2005:
Certain Oil and Gas Drilling Activities “subject to a rebuttable presumption that the use of a categorical exclusion under the National Environmental Policy Act of 1969 would apply if the activity is conducted pursuant to the Mineral Leasing for the purpose of exploration or development of oil or gas…”
No Environmental Impact Assessment
42 U.S.C § 6921:“Not later
than six months after completion and submission of the study…the Administrator shall, after public hearings and opportunity for comment, determine either to
promulgate regulations…or that such regulations are unwarranted.”
1988: EPA Finds Regulation Under
Subtitle C is Unwarranted.
42 U.S.C. § 9601(10)(1);
“Federally Permitted Releases”
“any injection of fluids or other materials authorized under applicable State law (i) for the purpose of stimulating or treating wells for the production of crude oil, natural gas, or water, (ii) for the purpose of secondary, tertiary, or other enhanced recovery of crude oil or natural gas, or (iii) which are brought to the surface in conjunction with the production of crude oil or natural gas and which are reinjected.”
“A bill to amend the Safe Drinking Water Act to repeal a certain exemption for hydraulic fracturing, and for other purposes.”
Requires disclosure of chemical composition of “Frac Fluids”
September 9, 2009: EPA Issues Voluntary Information Requests to Nine Hydraulic Fracturing Companies Requesting Detailed Information About the Chemical Composition of Fracking Fluids
“Additives used in hydraulic fracturing fluids include a number of compounds found in common consumer products…”
Our hydraulic fracturing lawyers are offering free lawsuit consultations to anyone whose health and property has been damaged by fracking. We urge you to contact us today to protect your legal rights.