[Federal Register Volume 77, Number 131 (Monday, July 9, 2012)]
[Notices]
[Pages 40354-40355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16694]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2011-1013; FRL 9697-6]
Permitting Guidance for Oil and Gas Hydraulic Fracturing
Activities Using Diesel Fuels--Draft
AGENCY: Environmental Protection Agency (EPA).
ACTION: Extension of Comment Period.
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SUMMARY: EPA published on May 10, 2012, Permitting Guidance for Oil and
Gas Hydraulic Fracturing Activities Using Diesel Fuels--Draft. The
initial public comment period for this proposal was 60 days, ending on
July 9, 2012. In response to requests from several stakeholders, this
action extends the public comment period for an additional 45 days.
DATES: The deadline for submitting comments is August 23, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2011-1013 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: OW-Docket@epa.gov@epa.gov.
Mail: Permitting Guidance for Oil and Gas Hydraulic
Fracturing Activities Using Diesel Fuels--Draft, Environmental
Protection Agency, Mailcode: 4606M, 1200 Pennsylvania Ave. NW.,
Washington, DC.
Hand Delivery: Office of Water (OW) Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2011-
1013. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available
[[Page 40355]]
either electronically in www.regulations.gov or in hard copy at the OW
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the OW Docket is (202) 566-2426.
FOR FURTHER INFORMATION CONTACT: Sherri Comerford, Underground
Injection Control (UIC) Program, Drinking Water Protection Division,
Office of Ground Water and Drinking Water (MC-4606M), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone number: (202) 564-4639; email address:
Comerford.Sherri@epa.gov. For general information, visit the
Underground Injection Control Program's Hydraulic Fracturing and the
Safe Drinking Water Act Web site, http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/hydraulic-fracturing.cfm.
SUPPLEMENTARY INFORMATION: Underground injection of fluids through
wells is subject to the requirements of the Safe Drinking Water Act
(SDWA) except where specifically excluded by the statute. In the 2005
Energy Policy Act (EP Act), Congress revised the SDWA definition of
``underground injection'' to specifically exclude from UIC regulation
the ``underground injection of fluids or propping agents (other than
diesel fuels) pursuant to hydraulic fracturing operations related to
oil, gas, or geothermal production activities'' (SDWA Section
1421(d)(1)(B)). UIC regulations further provide that ``[a]ny
underground injection, except into a well authorized by rule or except
as authorized by permit issued under the UIC program, is prohibited''
(40 CFR 144.11). Thus, owners or operators who inject diesel fuels
during hydraulic fracturing related to oil, gas, or geothermal
operations must obtain a UIC permit before injection begins. While the
EP Act references hydraulic fracturing related to geothermal
activities, the draft guidance only covers hydraulic fracturing using
diesel fuels related to oil and gas activities. Permits for oil and gas
hydraulic fracturing using diesel fuels are available through the UIC
Class II Program, the well class for oil and gas activities. Geothermal
activities are not considered Class II.
The draft guidance provides information on SDWA UIC Class II
requirements and recommendations for permitting hydraulic fracturing
injection wells where diesel fuels are used in fluids or propping
agents. The draft guidance is intended for EPA permit writers and, as a
result, is relevant where EPA directly implements the UIC Class II
program. Others may find the information in this document useful also.
Recommendations in the draft guidance may change based on the comments
we receive on the draft publication and this will be reflected in the
final guidance. The deadline for submitting comments is August 23,
2012.
Dated: July 3, 2012.
Pamela S. Barr,
Acting Director, Office of Ground Water and Drinking Water.
[FR Doc. 2012-16694 Filed 7-6-12; 8:45 am]
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