United States DOJ and XTO Energy enter into stipulated judgment for Clean Water Act violations

On July 18, 2013 the US Department of Justice and XTO Energy entered into a Consent Decree following allegations of Clean Water Act violations by XTO in Lycoming County. The complaint lodged by the DOJ on behalf of the Environmental Protection Agency alleged that XTO had “discharged pollutants” including flowback/produced fluids into streams near a well pad in Hughesville, PA. As part of the stipulated judgment, XTO agreed to:

1. A civil penalty of $100,000;
2. Various compliance requirements for the operation and maintenance of storage tanks used in its operations, and standard operating procedures for those tanks;
3. Various reporting requirements to demonstrate compliance;
4. And stipulated penalties for failure to report or comply with the duties laid out in the Decree.

The agreement between the United States and XTO does not conclude any enforcement measures Pennsylvania might take against XTO for violations of state regulations governing the management and disposal of gas well fluids. Nor does the consent decree affect any litigation that could be brought against XTO from landowners in the area affected by the alleged discharges.

For the full text of the Consent Decree, please visit the AgriculturalLaw Resource and Reference Center’s Marcellus Shale Resource Area.

Written by: Garrett Lent, Research Assistant

Agricultural Law Resource and Reference Center

July 2013

EPA Turns Wyoming Hydraulic Fracturing Study Over to State Officials

On June 20, 2013, the EPA announced it has ended the 2011 groundwater study in Pavillion, WY, and turned the monitoring of groundwater in the area over to state officials. While the EPA stated in its press release that it stands by the data of the study, the draft report will no longer be released, the EPA will not rely on the findings in the draft report, and will not seek peer review of the study. Instead, the EPA stated in its press release it will rely on its national program to issue any scientific statements on the relationship between hydraulic fracturing and drinking water. A draft report for the national study is expected to be released in late 2014.

For more information on the EPA’s decision, visit the EPA website for its official press release.

Written by: Garrett Lent, Research Assistant

Agricultural Law Resource and Reference Center

June 2013

U.S. Senate Energy and Natural Resources Committee Hosts Discussion of Natural Gas Issues

On May 23, the U.S. Senate Energy and Natural Resources Committee concluded its three part public listening that discussed developments and prospects in the American natural gas industry.  Industry representatives, interest groups, regulators and consumers sat down on three occasions to share their views on natural gas issues dealing with: 1) Infrastructure, Transportation, Research and Innovation, 2) Domestic Supply and Exports, and 3) Environmental Protection and Best Practices for Shale Development.

For more information on the public listening series, as well as full statements by the speakers, visit the Committee website. 

Written by: Garrett Lent, Research Assistant
Penn State Law, Agricultural Law Center
May 2013

EPA Releases Update on Hydraulic Fracturing Study

On December 21, 2012 EPA issued a progress report for its ongoing Study of the Potential Impacts of Hydraulic Fracturing on Drinking Water Resources. The update provides information and status of research projects, the agency’s approach, and framework for the final study expected to be released in 2014.

The full progress report and executive summary are available here:

EPA Executive Summary

EPA Progress Report

EPA is accepting responses to its request for information until April 30, 2013. EPA’s request for information is available here:

Federal Register Notice by the EPA

 

Written by Anna Leonenko, Research Fellow
Penn State Law, Agricultural Law Center

April 2, 2013

EPA Issues Report Outlining the Drinking Water Sampling in Dimock, Pa.

On July 25^th, the Environmental Protection Agency (EPA) publicized the results of water well tests in Dimock, Pa. Of the 64 wells tested, there was an elevated level of arsenic, barium, or manganese in four of the wells. However, the EPA determined that all of these substances were naturally occurring, and not the result of hydraulic fracturing. The levels of naturally occurring contaminates were so low the residences’ existing water treatment systems negated any health concern. The EPA determined that no further action was required and will not be conducting any further tests.

Written by Joseph Negaard, Research Assistant
Penn State Law, Agricultural Law Center

July 31, 2012

Click here for the EPA news release or click here for the EPA report

EPA Draft Guidance: Hydraulic Fracturing Using Diesel Fuels

The Environmental Protection Agency (EPA) is conducting a study examining fracking fluids that include diesel fuel in order to understand the impact of fracking on ground water. The research will examine every step of the fracking process from the mixing of chemicals to its treatment and disposal. The draft guidance was released on May 4, 2012 and the final draft report should be released sometime in 2014.

Written by Joseph Negaard, Research Assistant
May 7, 2012

Click here to read the EPA’s Draft Guidance

The Draft Guidance is open for comment until August 23

Click here to comment

EPA Issues Final Air Rules for the Oil and Natural Gas Industry

On April 17, the Environmental Protection Agency (EPA) passed new rules to reduce air pollution from the natural gas industry. For the first time, the rules included the fracking of wells.

Written by Joseph Negaard, Research Assistant
April 19, 2012

Click here to read the Final Rule by the EPA

Click here for additional Information and recordings of the public comment period and Public Hearings

PA DEP Asks Natural Gas Companies for Air Emissions Data

On December 7, 2011, the Pennsylvania Department of Environmental Protection has asked 99 operators involved in the development, production, transmission and processing of unconventional natural gas to submit their information on air emissions for 2011.  According to DEP's press release, all data must be submitted to DEP by March 1, 2012.  DEP plans to use this information when it reports its emissions inventories to the U.S. Environmental Protection Agency at the end of 2012.

Click here to read DEP's press release.

Written by Andy Schwabenbauer, Research Fellow
December 14, 2011

EPA Announces Schedule to Develop Natural Gas Exploration Wastewater Standards

The United States Environmental Protection Agency has announced a schedule for establishing national wastewater discharge standards for effluent originating from shale gas extraction. Some shale wastewater is reused, however, a portion must be transported to treatment plants for disposal (direct discharge into waterways, and other waters, of the United States is prohibited). Many of these treatment plants are not equipped to deal with the special effluent, leading to elevated levels of pollutants in surface waters. Therefore, the EPA will be developing standards for shale wastewater, based on "economically achievable technologies," that must be met prior to arrival at treatment facilities. National standards will also be developed for coalbed methane effluent. The EPA plans to seek public comment on a proposed rule for coalbed methane standards by 2013, shale gas standards by 2014.

This announcement comes as part of the Effluent Guidelines Program, section 304(m) of the Clean Water Act, which manages discharges from industrial sources in order to improve water quality.

Read the full EPA Press Release here.

Written/Posted by Tanya J. Cramoy, Research Assistant

EPA Announces Public Hearings on Fracking Emission Standards

On August 25, 2011 the Environmental Protection Agency announced it will hold three public hearings regarding its proposed emission standards. The new regulations are aimed at reducing toxic air pollution cause by the hydraulic fracturing of unconventional oil and gas wells. The rules utilize existing technologies to reduce the air pollution caused by well drilling, leaking pipes, storage tanks and compressor stations. The first hearing is scheduled for September 27, 2011, at the David Lawrence Convention Center in Pittsburgh, PA followed by hearings in Denver, CO on September 28, and Arlington, TX on September 29.

Click here to read the hearings announcement

Click here to read the proposed rules

Written by Andy Schwabenbauer, Research Fellow
September 19, 2011

EPA Proposes New Air Emission Rules at Drilling Sites

For the first time in decades, the United States Environmental Protection Agency has proposed new air emission standards aimed at reducing the amounts of volatile organic compounds released during fracking. The proposal, issued July 28, 2011, also seeks to decrease the amounts of methane and other toxins released each year.

Click here to read the proposed regulations

Written by Andy Schwabenbauer, Research Fellow
July 28, 2011

Environmental Protection Agency Selects Seven Locations for Hydraulic Fracturing Study

On June 23, 2011, the United States Environmental Protection Agency (EPA) announced the locations to be examined in its Hydraulic Fracturing Study.  Among the seven selectees are sites in Pennsylvania’s Bradford, Susquehanna, and Washington Counties.  EPA Press Release, June 23, 2011.  The study locations were chosen following the nomination and prioritization process outlined in EPA’s February 7, 2011, draft study plan.  Factors considered in the prioritization process included geographic and geologic diversity, at-risk populations, water source characteristics, and land uses.  EPA’s study is the result of a Congressional Appropriations Conference Committee directive issued in 2010.  The study’s goals are to determine whether hydraulic fracturing impacts drinking water resources, and if so, the nature of that impact.  The case studies are divided into two groups: five retrospective examinations intended to determine if fracking has caused any local water contamination, and two prospective examinations of how water is used throughout the fracking process.  Bradford and Susquehanna Counties will host one of the retrospective studies while Washington County will host both retrospective and prospective examinations.  For more information on Marcellus Shale legal issues, please visit the Agricultural Law Resource and Reference Center’s Marcellus Shale Resource Area.

Written by Michael A. Magee, Research Assistant

Published in Penn State's July Agricultural Law Brief

New York Attorney General Sues to Prevent Natural Gas Development in the Delaware River Basin

New York State Attorney General Eric Schneiderman has initiated a lawsuit against multiple federal agencies in an attempt to prevent the Delaware River Basin Commission from adopting regulations that would allow the development of natural gas from beneath the Basin itself.  The complaint alleges, among other things, that the proposed regulations are subject to the National Environmental Policy Act, and that an Environmental Impact Study must be conducted prior to the passing of such regulations.  For more information, see the Official Press Release from the Office of the Attorney General or read the Complaint.

Written by Steven P. Trialonas, Research Fellow

May 31, 2011

Environmental Protection Agency Submits Draft Study Plan on Effects of Hydraulic Fracturing

Photo Courtesy of Dreamworks

On February 8, 2011, The Environmental Protection Agency (EPA) submitted its draft study plan on hydraulic fracturing's effects to the agency's Science Advisory Board for review. According to the draft plan, the scope of the proposed research includes the full lifespan of water in hydraulic fracturing, from acquisition of the water, through the mixing of chemicals and actual fracturing, to the post-fracturing stage, including the management of flowback and produced or used water and its ultimate treatment and disposal. For more information, please view a copy of the Draft Plan to Study the Potential Impacts of Hydraulic Fracturing on Drinking Water Resources.

Written by Steven P. Trialonas, Research Fellow

February 8, 2011