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EPA Narrows Controversial Definition of “Diesel Fuels” in Hydraulic Fracturing Permitting Guidance

by Adrienne M. Timmel
Keller and Heckman LLP - Washington Office

Jean-Cyril Walker
Keller and Heckman LLP - Washington Office

February 24, 2014

Previously published on February 21, 2014

As hydraulic fracturing continues to play a strong role in reviving the U.S. energy economy, pressure remains on Federal and state authorities to regulate the practice. To date, the U.S. Environmental Protection Agency’s (“EPA”) approach has been inconsistent. On the one hand, it has denied a petition to require testing by manufacturers and processors of chemicals used in fracturing on the grounds that there is an insufficient basis to require such testing. On the other hand, it has undertaken studies to evaluate the practice’s drinking water impacts, granted a petition to require manufacturers and processors to submit existing data on chemicals used in fracturing, and has issued the first federal air standards for hydraulically fractured natural gas wells.


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