On February 23, 2016, the Federal
Register published a Notice of Withdrawal by the U.S. Coast Guard (USCG). The Notice withdrew the October 30, 2013,
proposed policy that concerned the “carriage of shale gas extraction waste
water (SGEWW)” and would have allowed barge owners to request and receive a permit
for the transportation of SGEWW. The
USCG said that the barge owners may continue to request to transport
SGEWW under current regulations, which require barge owners to request
approval on a case-by-case basis.
The USCG regulates the
carriage of hazardous material by listing in the Code of Federal
Regulations. 46 CFR Part 153 lists the
permitted cargoes and the safety requirements for those cargos. Any cargo that is unlisted may not be carried
without specific permission from the USCG. SGEWW is an unlisted cargo and thus the
vessel owner must request permission from the USCG to transport it. The vessel owner must also provide "information
about each individual cargo that the Coast Guard needs in order to analyze
potential impacts and develop carriage requirements, and then comply with the
requirements specified.”
The USCG received 70,115
comments regarding the proposal and 68,747 comments voiced disapproval with the
proposed policy letter and expressed opposition to hydraulic fracturing. The Notice did leave open the possibility of
a creating a more standardized process and policy for permitting the
transportation of SGEWW. The agency has
yet to approve any shipments on the case-by-case basis.
Written by - Stephen Kenney
Research Assistant
Center for Agricultural and Shale law
Written by - Stephen Kenney
Research Assistant
Center for Agricultural and Shale law
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