EPA Briefing to the SEAB Natu

Gas Subcommittee to Exami

Fracking Issues 

May 19, 2011 

Office of Research and Development

Bernadette Rappold, DirectorSpecial Litigation and Projects DRappold.Bernadette@epa.gov
Overview of EPA’s Rol

• Responsible development of America’s shale ga

resources offers important economic, energy seand environmental benefits.

• EPA plays an important role in addressing publi

concerns, ensuring environmental protection, an

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working with federal and state partners to manabenefits and risks of shale gas production.

• The Agency is committed to improving scientific 

understanding of the potential environmental imshale gas extraction and using tools at hand to aany known concerns.
EPA’s Approach

• Research to improve our understanding of pote

impacts, to provide accurate information, and to respond to Congressional requests. 

• Guidance to explain how regulations apply.

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• Regulations to update standards where they m

outdated. 

• Coordination and partnerships with external 

stakeholders.

• Enforcement to ensure compliance with 

environmental laws. 
Research

• US Congress asked EPA to study 

relationship between hydraulic fracturing and drinking water resources.

• Peer-reviewed study with first 

results due in late 2012 and final 

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report in 2014.

• Lifecycle approach, use of case 

studies, focus on sources and 

pathways of potential impacts to 

water resources.

• Stakeholder involvement 

throughout process.

 Topics that are 

scope of the stuair quality, impland and aquatecosystems, srisks, public saoccupational r
Related Efforts

• Information Request – EPA issued a voluntary information request to nine natural g

companies on the chemical composition of hydraulic fracturiimpacts of the chemicals on human health and the environmstandard operating procedures and locations of wells which whydraulically fractured within the last year. 

5 – This information will be used to inform the research, the repo

the basis for gathering further detailed information on a represelection of sites. • Technical Workshops – EPA recently held four technical workshops to inform the stu

• Chemical and Analytical Methods • Well Construction and Operations • Fate and Transport • Water Resource Management
Outreach for the Stud

• Public meetings

– July-September 2010 in Binghamton, NY; 

Canonsburg, PA; Fort Worth, TX; and Denve

– EPA heard concerns many have for their fam

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and communities as well as hopes that naturaproduction will provide sorely needed income

• State and federal partner consultations• Sector-specific meetings

– Meetings held from June-August 2010 and Fe

March 2011 with industry, environmental organizations, tribal governments, and the pu
EPA Statutory Authorities

• EPA can establish requirements to prevent 

contamination from oil and gas production activiFor example:

– Safe Drinking Water Act’s (SDWA) Underground Inject

Control (UIC) Program applies when diesel fuels are ufracturing fluids and to wastewater disposal through inj

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– Clean Water Act (CWA) discharges into publicly owne

treatment works (POTWs) and surface waters.

– Clean Air Act (CAA) New Source Performance Standa

(NSPS) and National Emission Standards for HazardoPollutants (NESHAPs), and Mandatory Reporting of GHouse Gases.

– National Environmental Policy Act (NEPA) authority to 

and comment on federal actions (e.g. leasing on federlands).
State Implementation

Primacy for UIC Program

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SDWA 1431 order to address 

imminent & substantial endangerment caused by entry of pollutant into public water system

CWA 50substantwelfare, discharg

CERCLA 104 release that msubstantial en“petroleum ex

SDWA 1431 order to adsubstantial endangermeentry of pollutant into unsource of drinking wate

CERCLA & substanthe “petrol

CAA 303 action to address imminent and substantial endangerment of public health or welfare, or the environment from air emissions or pollution

Emergency Response Authorities

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RCRA 7003 action to address solid waste handling that may present an imminent & substantial endangerment to health or the environment

CWA/OPA 311 action to address and substantial threat to public hwelfare from discharges of oil or substances to navigable waters

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Regional Activities

• Several EPA Regions are working with S

on hydraulic fracturing-related activities.

–For example, Regions 2, 3, 6, and 8.

• Recent activity in Region 3:

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– EPA is working with the PA Department of 

Environmental Protection (PADEP) to ensure natural gas production takes place safely and responsibly.

– Last week, EPA asked six natural gas drillers 

disclose how and where they dispose of or redrilling process water and requested additionfrom PADEP. 
EPA is Developing

Guidance and Regulation

• CWA: Regulations and guidance 

for treatment and disposal of

production wastewater 

• SDWA: Guidance to provide 

framework for use of diesel fuel in 

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hydraulic fracturing fluids

• CAA: Proposing air regulations 

that govern certain activities at well sites

• RCRA: Guidance on how to 

construct proper wastewater pits and impoundments

 Continuing p

with States – 

frontlines of 

this sector
Partnering with Industry and 

Governments

• Natural Gas STAR (www.epa.gov/gasstar)

– Flexible, voluntary partnership between EPA 

and natural gas operating companies.

– Proven, cost-effective technologies and pr

that improve operational efficiency and reduc

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methane emissions.

• Global Methane Initiative (www.globalmethan

– International initiative launched in 2010 buildi

Methane to Markets Partnership that started i

– Focus on cost-effective, near-term methane 

abatement, recovery and use projects.
Enforcement Activities

•EPA compiles leads and incidents relating to oil activities that could impact public health.•Two major goals:

–Take action where violations cause air or water impacthreaten human health

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–Ensure companies implement safe practices across o

•EPA works with state and local governments to

– Respond to incidents–Encourage diligent accident prevention–Provide effective and prompt response when emergen

•EPA has brought some enforcement actions unCWA, SDWA, and CAA.
Some Near-Term Miles

• Next 90 days – Completion of EPA’s Scientific Advisory Board review 

plan. – Public meeting on hydraulic fracturing with diesel fuels

– 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 

progress of the research. – EPA will release guidance on hydraulic fracturing with fuels and hold a workshop on UIC technical requireme

– EPA will collect and review public comments on the NS
For Additional Info

• EPA will provide additional information on any o

programs and activities. 

• We can provide in-depth technical briefings on t

subjects below or any others topics of interest to Subcommittee:

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– Hydraulic Fracturing Study– Safe Drinking Water Act and the Underground Injectio

Program

– Wastewater Treatment and Disposal– Air Emissions and Resource Recovery: CAA programs

Gas STAR, and collaboration with other agencies unde

– Legal Authorities– Enforcement Experience and Activities
Additional Resourc

• EPA will send an email to the Subcommittee wit

links to more detailed information on our prograinitiatives, including:

– Hydraulic fracturing website– Information on technical research workshops, including agenda, atte

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presentations, 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: NPDES Program Freque

Questions

– Natural Gas STAR program website and lessons learned on “green” 

completions

– EPA Energy Extraction National Enforcement Initiative
Discussion

Office of Research and Development