Under rules adopted by the Texas Railroad Commission (Commission) on March 26, 2013, effective April 15, 2013, Texas hydraulic fracturing operators may recycle fracturing fluids on their own leased or owned land used for fracturing activities or may transfer the fluids for recycling on the land of another operator without a permit. According to the… Continue Reading
Category Archives: Water
Subscribe to Water RSS FeedU.S. EPA Announces Peer Review Panel For Hydraulic Fracturing Study
Posted in Hydraulic Fracturing, U.S. EPA, WaterOn Monday, March 25, the USEPA’s Science Advisory Board (SAB) announced that it has formed an independent body of experts to peer-review the agency’s ongoing hydraulic fracturing research. Specifically, the Hydraulic Fracturing Research Advisory Panel (Panel) will review USEPA’s Congressionally-mandated draft report from its national study on any potential impacts of hydraulic fracturing on drinking water resources. That… Continue Reading
Industry, Environmentalists Agree On Voluntary Hydraulic Fracturing Standards
Posted in Groundwater, Hydraulic Fracturing, Pennsylvania, WaterYesterday a consortium of energy companies, environmental organizations, and philanthropic foundations announced that they have collaborated to form an organization — the Center for Sustainable Shale Development (CSSD) — that will provide an independent, third-party certification process for shale developers. The CSSD is expected to focus on certifying operations in the Marcellus and Utica shale regions, chiefly… Continue Reading
Youngstown City Hydraulic Fracturing Ban Approved for May Ballot
Posted in Hydraulic Fracturing, Legislative, WaterIn late February, we covered the state and federal legislative and enforcement responses to the release of hydraulic fracturing waste into a Youngstown, Ohio area tributary by a local oil and gas drilling operator. Shortly after the announcement of federal criminal charges and state civil enforcement actions and related legislation, the Youngstown City Council (Council)… Continue Reading
Virginia AG: Localities Cannot Ban Gas Drilling Through Zoning
Posted in Hydraulic Fracturing, Land Use, U.S. EPA, Virginia, WaterContinuing on this blog’s ongoing exploration of the intersection of state and local regulation of shale drilling (see last week’s post here, as well as prior posts here and here), several weeks ago Virginia Attorney General Ken Cuccinelli issued an advisory opinion finding that state oil and gas law effectively prevents localities from barring drilling for… Continue Reading
Federal Charges Filed for Ohio Drilling Waste Release; Ohio Legislation Proposes Increased Penalties
Posted in Disposal Wells, Groundwater, Hydraulic Fracturing, Legislative, Ohio DNR, Ohio EPA, WaterEarly last week, we covered the response of Ohio regulators to an alleged release of hydraulic fracturing waste into a Youngstown, Ohio area tributary by Hard Rock Excavating (Hard Rock), an affiliate of oil and gas player D&L Energy Group (D&L). In addition to the state regulatory enforcement measures against Hard Rock and D&L, the U.S…. Continue Reading
Discharge of Drilling Waste in Ohio Triggers Civil and Criminal Enforcement Actions; Heightens Scrutiny of State Regulatory Practices
Posted in Disposal Wells, Groundwater, Hydraulic Fracturing, Ohio DNR, Ohio EPA, WaterA release of approximately 40,000 gallons of oil and gas operations waste into a Youngstown, Ohio area storm drain flowing into the Mahoning River is igniting a call for tighter regulatory oversight and more transparent emergency response practices by the Ohio Environmental Protection Agency (OEPA) and the Ohio Department of Natural Resources (ODNR). ODNR investigators… Continue Reading
Maryland Governor Proposes $1.5 Million Funding For Hydraulic Fracturing Study
Posted in Disposal Wells, Groundwater, Hydraulic Fracturing, Legislative, WaterAs we have discussed in prior posts, Maryland has in place a de facto moratorium on shale exploration and drilling. Responding to inquiries about drilling into Marcellus shale formations in western Maryland, in 2011 Governor Martin O’Malley issued an executive order directing state agencies to conduct a comprehensive study of hydraulic fracturing’s short-term, long-term, and cumulative… Continue Reading
EPA Extends Comment Period On Pavillion Groundwater Revised Report
Posted in Groundwater, Hydraulic Fracturing, U.S. EPA, WaterIn 2008, the U.S. Environmental Protection Agency (USEPA) began investigating claims of groundwater contamination in private drinking water wells in and around Pavillion, Wyoming. In a Draft Report issued in December of 2011, the EPA reported that samples taken from an aquifer near a Pavillion gas field contained chemicals associated with hydraulic fracturing fluids. Samples… Continue Reading
Colorado Adopts Groundwater and Setback Drilling Rules, Launches Emissions Study
Posted in Colorado, Groundwater, Hydraulic Fracturing, Land Use, WaterThis week the Colorado Oil & Gas Conservation Commission conducted three days of public hearings on proposed revisions to its oil and gas well rules to address concerns posed by increased hydraulic fracturing activity. As part of those hearings, the Commission took several key actions that will affect future shale drilling operations statewide. First, on… Continue Reading
South Dakota, Alaska Propose Revisions To Hydraulic Fracturing Regulations
Posted in Alaska, Chemical Disclosure, Hydraulic Fracturing, South Dakota, WaterIn the past few weeks, two states in key shale regions joined the chorus of states that have updated their oil and gas rules to address the unique issues posed by high volume hydraulic fracturing operations. On December 18, South Dakota’s Board of Minerals & Environment (a subdivision of its Department of Environment & Natural Resources) proposed… Continue Reading
U.S. EPA Provides Update On Study of Hydraulic Fracturing’s Water Impacts
Posted in Hydraulic Fracturing, U.S. EPA, WaterOn Friday, December 21, the U.S. Environmental Protection Agency issued an initial progress report on its ongoing study to “better understand any potential impacts of hydraulic fracturing on drinking water resources.” By way of background, in 2009 the House of Representatives by resolution requested that EPA conduct this study, which the agency then commenced in 2011. … Continue Reading
Legislators In Ohio General Assembly Propose Numerous New Shale Bills As Close Of Session Nears
Posted in Disposal Wells, Groundwater, Hydraulic Fracturing, Land Use, Legislative, Ohio DNR, Tax, WaterThe Ohio General Assembly closes its two-year term later this month. The waning days of the term, falling between the November election and the end of the year, are known as the “lame-duck” session. During this session, legislators have introduced a flurry of bills relating to hydraulic fracturing and shale gas drilling. Many of these… Continue Reading
Research On Flowback Recycling, Wastewater Treatment Commencing In Ohio
Posted in Disposal Wells, Groundwater, Hydraulic Fracturing, Ohio DNR, Ohio EPA, WaterAs shale drilling sites continue coming online in the Utica Shale region, the demand for alternative means of managing the wastes produced by drilling operations has never been stronger. In response to that demand, significant studies are beginning in Ohio that are designed to tackle these issues. Battelle Memorial Institute recently announced that it is… Continue Reading
New York DEC Releases Draft Hydraulic Fracturing Regulations, Extends Rulemaking Process
Posted in Chemical Disclosure, Disposal Wells, Groundwater, Hydraulic Fracturing, New York, WaterYesterday the New York Department of Environmental Conservation (DEC) filed with the New York Department of State a revised draft of its proposed regulations governing hydraulic fracturing in the state. According to reporting by the New York Daily News and other outlets, DEC faced a deadline of yesterday by which to file the draft rules in order to… Continue Reading
Ohio, Pennsylvania Issue New Injection Well Permits
Posted in Disposal Wells, Hydraulic Fracturing, Ohio DNR, Pennsylvania, WaterIn the past several weeks, state regulators in Ohio and Pennsylvania have begun to approve long-stalled permit applications for proposed disposal wells. The wells, known in regulatory parlance as Class II underground injection wells, could be used to dispose of flowback wastes generated from hydraulically-fractured shale wells. Two weeks ago, the Ohio Department of Natural… Continue Reading
Colorado Town’s MOUs With Shale Well Operators Address Local Safety Concerns
Posted in Colorado, Land Use, Legislative, WaterYesterday we discussed recent developments in Colorado by which local governments are beginning enact bans on hydraulic fracturing activities, with similar activities occurring in individual towns in Pennsylvania and Ohio. In contrast, another Colorado town (Erie, a town of about 20,000 people that is roughly equidistant from Denver and Boulder) has taken a somewhat novel approach to addressing… Continue Reading
Pennsylvania Legislature Considers Two Bills On Hydraulic Fracturing
Posted in Hydraulic Fracturing, Legislative, Pennsylvania, WaterThe Pennsylvania state legislature has been very active in the past week on the issue of hydraulic fracturing. Earlier this week, the state senate unanimously passed Senate Bill 1346, which would amend the state’s Environmental Good Samaritan Act to encourage the use of mine water (known as acid mine drainage, or AMD) for Marcellus shale natural… Continue Reading
Texas Proposed New Rules Encouraging On-Site Flowback Recycling
Posted in Disposal Wells, Hydraulic Fracturing, WaterThe Texas Railroad Commission on September 28 published amendments to its rules for hydraulic fracturing operations that would allow drillers to recycle water and flowback fluids on-site without needing to obtain a permit. The proposed rules also detail guidelines and permitting requirements for off-site commercial recyclers of flowback fluids. The Railroad Commission is receiving comments… Continue Reading