**EPA Briefing to the SEAB Natural Gas Subcommittee to Examine** **Fracking Issues May 19, 2011** Office of Research and DevelopmentBernadette Rappold, DirectorSpecial Litigation and Projects DivisionRappold.Bernadette@epa.govOverview of EPA’s Role•Responsible development of America’s shale gasresources offers important economic, energy security,and environmental benefits.•EPA plays an important role in addressing publicconcerns, ensuring environmental protection, and in2working with federal and state partners to manage thebenefits and risks of shale gas production.•The Agency is committed to improving scientificunderstanding of the potential environmental impacts ofshale gas extraction and using tools at hand to addressany known concerns.EPA’s Approach•Research to improve our understanding of potentialimpacts, to provide accurate information, and torespond to Congressional requests.•Guidance to explain how regulations apply.3•Regulations to update standards where they may beoutdated.•Coordination and partnerships with externalstakeholders.•Enforcement to ensure compliance withenvironmental laws.Research•US Congress asked EPA to studyrelationship between hydraulicfracturing and drinking waterresources.•Peer-reviewedstudy with firstresults due in late 2012 and final4report in 2014.•Lifecycle approach, use ofcasestudies, focus onsourcesandpathwaysof potential impacts towater resources.•Stakeholder involvementthroughout process.Topics that are not within thescope of the study include:air quality, impacts onland and aquaticecosystems, seismicrisks, public safetyandoccupational risksRelated Efforts•Information Request–EPA issued a voluntary information request to nine natural gas servicecompanies on the chemical composition of hydraulic fracturing fluids,impacts of the chemicals on human health and the environment,standard operating procedures and locations of wells whichwerehydraulically fractured within the last year.5–This information will be used to inform the research, the report, and asthe basis for gathering further detailed informationon a representativeselection of sites.•Technical Workshops–EPA recently held four technical workshops to inform thestudy:•Chemical and Analytical Methods•Well Construction and Operations•Fate and Transport•Water Resource ManagementOutreach for the Study•Public meetings–July-September 2010 in Binghamton, NY;Canonsburg, PA; Fort Worth, TX; and Denver, CO.–EPA heard concerns many have for their families6and communities as well as hopes that natural gasproduction will provide sorely needed income.•State and federal partner consultations•Sector-specific meetings–Meetings held from June-August 2010 and FebruaryMarch 2011 with industry, environmentalorganizations, tribal governments, and the public.**EPA Statutory Authorities**•EPA can establish requirements to preventcontamination from oil and gas production activities.For example:–Safe Drinking Water Act’s (SDWA) Underground InjectionControl (UIC) Program applies when diesel fuels areused infracturing fluids and to wastewater disposal through injection.7–Clean Water Act (CWA) discharges into publicly ownedtreatment works (POTWs) and surface waters.–Clean Air Act (CAA) New Source Performance Standards(NSPS) and National Emission Standards for Hazardous AirPollutants (NESHAPs), and Mandatory Reporting of GreenHouse Gases.–National Environmental Policy Act (NEPA) authorityto reviewand comment on federal actions (e.g. leasing on federallands).**State Implementation**Primacy for UIC Program8SDWA 1431 order to addressimminent & substantialendangerment caused by entry ofpollutant into public water systemCWA 504 action to address imminent &substantial endangerment to health,welfare, or livelihood caused bydischarge from “pollution source”CERCLA 104 removal action to addressrelease that may present imminent &substantial endangerment, subject to the“petroleum exclusion”SDWA 1431 order to address imminent &substantial endangerment caused byentry of pollutant into undergroundsource of drinking waterCERCLA 106 order to address imminent& substantial endangerment, subject tothe “petroleum exclusion”CAA 303 action to addressimminent and substantialendangerment of public health orwelfare, or the environment from airemissions or pollution**Emergency Response Authorities**99RCRA 7003 action to address solidwaste handling that may present animminent & substantial endangerment tohealth or the environmentCWA/OPA 311 action to address imminentand substantial threat to public health orwelfare from discharges of oil or hazardoussubstances to navigable waters9Regional Activities•Several EPA Regions are working with Stateson hydraulic fracturing-related activities.–For example, Regions 2, 3, 6, and 8.•Recent activity in Region 3:10–EPA is working with the PA Department ofEnvironmental Protection (PADEP) to ensure thatnatural gas production takes place safely andresponsibly.–Last week, EPA asked six natural gas drillers todisclose how and where they dispose of or recycledrilling process water and requested additional infofrom PADEP.EPA is DevelopingGuidance and Regulation•CWA:Regulations and guidancefortreatment and disposalofproduction wastewater•SDWA:Guidance to provideframework for use ofdiesel fuel in11hydraulic fracturing fluids•CAA:Proposingair regulationsthat govern certain activities at wellsites•RCRA:Guidance on how toconstruct proper wastewaterpits and impoundmentsContinuing partnershipwith States –on thefrontlinesof regulatingthis sectorPartnering with Industry andGovernments•Natural Gas STAR (www.epa.gov/gasstar)–Flexible, voluntary partnership between EPA and oiland natural gas operating companies.–Proven, cost-effective technologies and practicesthat improve operational efficiency and reduce12methane emissions.•Global Methane Initiative (www.globalmethane.org)–International initiative launched in 2010 building onMethane to Markets Partnership that started in 2004.–Focus on cost-effective, near-term methaneabatement, recovery and use projects.Enforcement Activities•EPA compiles leads and incidents relating to oil and gasactivities that could impact public health.•Two major goals:–Take action where violations cause air or water impacts thatthreaten human health13–Ensure companies implement safe practices across operations•EPA works with state and local governments to:–Respond to incidents–Encourage diligent accident prevention–Provide effective and prompt response when emergencies occur•EPA has brought some enforcement actions under theCWA, SDWA, and CAA.SomeNear-Term Milestones•Next 90 days–Completion of EPA’s Scientific Advisory Board review of studyplan.–Public meeting on hydraulic fracturing with dieselfuels.–Court deadline for proposed oil and gas NSPS.14–CWA announcements on permitting and guidance.•Next 6 Months–EPA will provide one or more updates to stakeholders regardingprogress of the research.–EPA will release guidance on hydraulic fracturing with dieselfuels and hold a workshop on UIC technical requirements.–EPA will collect and review public comments on theNSPS.For Additional Info•EPA will provide additional information on any of ourprograms and activities.•We can provide in-depth technical briefings on thesubjects below or any others topics of interest to theSubcommittee:15–Hydraulic Fracturing Study–Safe Drinking Water Act and the Underground Injection ControlProgram–Wastewater Treatment and Disposal–Air Emissions and Resource Recovery: CAA programs,NaturalGas STAR, and collaboration with other agencies under NEPA–Legal Authorities–Enforcement Experience and ActivitiesAdditional Resources•EPA will send an email to the Subcommittee with weblinks to more detailed information on our programs andinitiatives, including:–Hydraulic fracturing website–Information on technical research workshops, including agenda, attendee list,16presentations, and proceedings–Hydraulic Fracturing Study Plan–EPA information request to hydraulic fracturing companies–EPA outreach regarding the research study–SDWA and UIC Program–2004 Coalbed Methane Study–Information on Class II enhanced recovery wells–Natural Gas Drilling in the Marcellus Shale: NPDESProgram Frequently AskedQuestions–Natural Gas STAR program website and lessons learned on “green”completions–EPA Energy Extraction National Enforcement InitiativeDiscussionOffice of Research and Development