It appears that a whole lot of hydro-, or should we say, organo-fracking with diesel fuel has been done in clear violation of the Safe Drinking Water Act. As the NYTimes reports

Oil and gas service companies injected tens of millions of gallons of diesel fuel into onshore wells in more than a dozen states from 2005 to 2009, Congressional investigators have charged. …

As I’ve noted previously, the Energy Policy Act of 2005 specifically cites diesel fuels as the only thing NOT exempted from regulation under the the Underground Injection Control Program established under the Safe Drinking Water Act (SDWA). Why was diesel exempted, if it wasn’t something of real concern, one should wonder.

I’m not a attorney, but I’m quite certain these facts mean that a company must apply for a permit to inject diesel fuel. No permit, no injection of this stuff. In a clear show of chutzpah, the NYTimes notes that some companies acknowledge injecting diesel fuel

but they rejected the House Democrats’ assertion that it was illegal. …

In my view, this is bluster of the obtuse and ignorant kind. Of course, it’s easy to make such claims when one does not understand the laws and regulations of the land.

In my view, these companies should be looking to get some legal (and technical) counsel from people who understand the laws and regulations which apply here. It will save them a lot of money in legal fees if they would come clean and start working on fracking with benign substances.


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