i o
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U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
Protecting America's Waters
Enhanced EPA Oversight
and Action Can Further
Protect Water Resources
From the Potential Impacts of
Hydraulic Fracturing
Report No, 15-P-0204
July 16, 2015
Scan this mobile
code to learn more
about the EPA OIG.

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Report Contributors:	Dan Engelberg
Khadija Walker
Johnny Ross
Stacey Banks
Danielle Tesch
Abbreviations
API	American Petroleum Institute
CERCLA	Comprehensive Environmental Response, Compensation and Liability Act
CWA	Clean Water Act
EPA	U.S. Environmental Protection Agency
GAO	U.S. Government Accountability Office
OCSPP	Office of Chemical Safety and Pollution Prevention
OECA	Office of Enforcement and Compliance Assurance
OIG	Office of Inspector General
ORD	Office of Research and Development
OSWER	Office of Solid Waste and Emergency Response
OW	Office of Water
RCRA	Resource Conservation and Recovery Act
SDWA	Safe Drinking Water Act
STRONGER Inc. State Review of Oil & Natural Gas Environmental Regulations Inc.
TSCA	Toxic Substances Control Act
UIC	Underground Injection Control
Cover photo: Example of a hydraulic fracturing site located in the Marcellus Shale.
(EPA photo)
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U.S. Environmental Protection Agency
Office of Inspector General
At a Glance
15-P-0204
July 16, 2015
Why We Did This Review
The U.S. Environmental
Protection Agency (EPA),
Office of Inspector General
(OIG), conducted this review to
evaluate how the EPA and
states use existing authorities
to regulate the potential
impacts of hydraulic fracturing
on water.
The use of horizontal drilling
with hydraulic fracturing greatly
expanded the ability of
producers to recover natural
gas and oil from
unconventional sources.
According to an April 2014
report by the U.S. Energy
Information Administration,
natural gas production is
projected to increase by
56 percent from 2012 to 2040.
In addition, crude oil production
will climb from 7.5 million
barrels per day in 2013 to
9.6 million barrels per day by
2019. The increase in
unconventional oil and gas
development has led to new
and increased potential impacts
to water resources.
This report addresses the
following EPA goals or
cross-agency strategies:
•	Protecting America's
waters.
•	Ensuring the safety of
chemicals and preventing
pollution.
Send all inquiries to our public
affairs office at (202) 566-2391
or visit www.epa.gov/oiq.
Enhanced EPA Oversight and Action Can
Further Protect Water Resources From the
Potential impacts of Hydraulic Fracturing
What We Found
Since 2007, the EPA, states and
other stakeholders have collectively
established regulations, policy,
guidance, industry standards and
recommended practices to manage
impacts to water resources from
unconventional oil and gas
development. Our review identified
two issues in need of improvement by
the EPA.
Enhanced EPA oversight of the
permitting process for diesel fuel use
during hydraulic fracturing can further
EPA efforts to protect water resources,
and establishment of a plan for
determining whether to propose a
chemical disclosure rule can help
address the public's concerns about
hydraulic fracturing chemicals.
First, the EPA needs to improve oversight of permit issuance for hydraulic
fracturing using diesel fuels, and address any related compliance issues.
Evidence shows that companies have used diesel fuels during hydraulic fracturing
without EPA or primacy state underground injection control Class II permits. The
EPA has also not determined whether primacy states and tribes are following the
agency's interpretive memorandum for issuing permits for hydraulic fracturing
using diesel fuels. Enhanced EPA oversight can increase assurance that risks
associated with diesel fuel hydraulic fracturing are being adequately addressed.
Second, the EPA needs to develop a plan for responding to the public's concerns
about chemicals used in hydraulic fracturing. In May 2014, the EPA initiated a
process to evaluate whether to establish federal requirements for chemical
disclosure. However, the agency has not yet developed a plan of action for further
steps in this proposed rulemaking activity. A plan outlining the agency's next steps
would inspire public confidence that the agency is indeed taking action to evaluate
disclosure options within a defined timeframe.
Recommendations and Planned Agency Corrective Actions
We recommend that the EPA's Assistant Administrator for Water determine
whether primacy states and tribes issue permits for the use of diesel fuels as
required. We recommend that the Assistant Administrator for Enforcement and
Compliance Assurance address any compliance issues related to issuing permits
for hydraulic fracturing using diesel fuels. We also recommend that the Assistant
Administrator for Chemical Safety and Pollution Prevention establish and publish
a plan with milestone dates that outlines all steps for determining whether to
propose a rule to obtain information concerning chemical substances and
mixtures used in hydraulic fracturing.
The full report is at:
www.epa.aov/oia/reports/2015/
20150716-15-P-0204.pdf
The agency either agreed with our recommendations or proposed actions that
meet the intent of our recommendations. All recommendations are resolved or
closed and no further response from the agency is needed.

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V	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
I tJML, %	WASHINGTON, D.C. 20460
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THE INSPECTOR GENERAL
PRO"^
July 16,2015
MEMORANDUM
SUBJECT: Enhanced EPA Oversight and Action Can Further Protect Water Resources
From the Potential Impacts of Hydraulic Fracturing
Report No. 15-P-0204
FROM: Arthur A. Elkins Jr.
TO:	Ken Kopocis, Deputy Assistant Administrator
Office of Water
Cynthia Giles, Assistant Administrator
Office of Enforcement and Compliance Assurance
Jim Jones, Assistant Administrator
Office of Chemical Safety and Pollution Prevention
This is our report on the subject evaluation conducted by the Office of Inspector General (OIG) of the
U.S. Environmental Protection Agency (EPA). This report contains findings that describe the problems
the OIG has identified and corrective actions the OIG recommends. This report represents the opinion of
the OIG and does not necessarily represent the final EPA position. Final determinations on matters in
this report will be made by EPA managers in accordance with established audit resolution procedures.
The EPA's Office of Water, Office of Enforcement and Compliance Assurance, and Office of Chemical
Safety and Pollution Prevention have primary responsibility for implementing the recommendations in
this report.
You are not required to provide a written response to this final report because you provided agreed-to
corrective actions and planned completion dates for the report recommendations. The OIG may make
periodic inquiries on your progress in implementing these corrective actions. Please update the EPA's
Management Audit Tracking System as you complete planned corrective actions. Should you choose to
provide a final response, we will post your response on the OIG's public website, along with our
memorandum commenting on your response. Your response should be provided as an Adobe PDF file
that complies with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as
amended. The final response should not contain data that you do not want to be released to the public;
if your response contains such data, you should identify the data for redaction or removal along with
corresponding justification.
We will post this report to our website at http://www.epa.gov/oig.

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Enhanced EPA Oversight and Action Can
Further Protect Water Resources From the
Potential Impacts of Hydraulic Fracturing
15-P-0204
Table of C
Chapters
1	Introduction		1
Purpose		1
Background		1
Responsible Offices		5
Scope and Methodology		5
2	EPA, States and Other Stakeholders Are Taking Steps to Manage
Impacts to Water Resources, But Action Is Needed on the Use of
Diesel Fuels in Hydraulic Fracturing, and Chemical Disclosure		8
EPA and States Share Responsibilities for Managing Impacts to
Water Resources		8
Other Stakeholder Initiatives Support Managing Impacts to
Water Resources		11
EPA Needs to Assess Whether Permits Are Issued and Enforced
Properly When Diesel Fuels Are Used in Hydraulic Fracturing
Under the UIC Class II Program		11
EPA Has Started Responding to the Public's Concerns About
Chemicals Used in Fracturing Fluid, But Action Plan Is Needed		14
Conclusion		14
Recommendations		15
Agency Comments and OIG Evaluation		15
Status of Recommendations and Potential Monetary Benefits		17
Appendices
A Additional Details on Scope and Methodology	 18
B Agency Response to Draft Report and OIG Evaluation	 22
C Distribution	 27

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Chapter 1
Introduction
Purpose
The U.S. Environmental Protection Agency (EPA), Office of Inspector General
(OIG), conducted this review to examine how the EPA and states use their
authorities to manage the potential impacts of hydraulic fracturing on water
resources.
Background
In this report, hydraulic fracturing refers to unconventional oil and gas
development where vertical and horizontal drilling are combined to exploit
unconventional sources of oil and gas. Recent advances in unconventional oil and
gas development have made it profitable to extract oil and natural gas reserves
previously not economically viable. Although unconventional oil and gas
development was used as early as 2003, the process came into widespread use
around 2007. Since 2007, the production of oil and gas has grown steadily. The
production of natural gas in the major shale formations in the United States has
grown from approximately 15.5 billion cubic feet per day in 2007 to 40.5 billion
cubic feet per day in 2014 (Figure 1). The production of oil in major shale
formations is projected to increase from 7.5 million barrels a day in 2013 to
9.6 million barrels per day by 2019.
Figure 1: Annual natural gas production from seven shale plays (2007-2014)a
45,000,000
40,000,000
~ 35,000,000
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re
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5 25,000,000
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Year
a This includes the Bakken, Eagle Ford, Haynesville, Marcellus, Niobrara, Permian and Utica
shale plays.
Source: OIG analysis of January 2015 data from the U.S. Energy Information Administration.
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According to the U.S. Energy Information Administration, 95 percent of domestic
oil production growth and all domestic natural gas production growth during 2011
through 2013 came from seven key regions (or shale plays): Bakken, Eagle Ford,
Haynesville, Marcellus, Niobrara, Permian and Utica (Figure 2).
Figure 2: "Shale plays" in the continental United States3
Lower 48 states shale plays
C;a
a A "shale play" is an industry term used to refer to any shale formation that
produces natural gas and oil.
Source: U.S. Energy Information Administration (updated February 6, 2015).
Different Stages of Unconventional Oil and Gas Development Have
Varying Potential Impacts to Water Resources
The process of unconventional oil and gas development involves the following
stages:
1.	Preparing the well pad, creating the infrastructure to the pad site, and
drilling the well ("construction").
2.	Extracting the water needed for well stimulation from groundwater and
surface water sources ("water acquisition").
3.	Mixing water with chemicals that will be used to stimulate, including
hydraulically fracturing, the well ("chemical mixing").
4.	Injecting the fracturing fluid into the well to stimulate (creating and
propping open fractures) the formation and extracting oil and/or natural
gas ("well stimulation").
5.	Collecting the wastewater that returns from the well as either flowback
and/or produced water ("wastewater management and storage").
6.	Treating and/or disposing of the wastewater ("wastewater treatment and
waste disposal").
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In the 2011 publication Blueprint for a Secure Energy Future, the White House
highlighted the importance of proactively addressing concerns about potential
negative impacts of hydraulic fracturing activities. The growth of unconventional
oil and gas development has been accompanied by attention to the impacts of this
practice on the environment.
Table 1 summarizes how water resources may be impacted during different stages
of unconventional oil and gas development. For example, well pad construction
can cause land erosion and runoff of sediment and other harmful pollutants into
nearby water bodies. Spills and leaks of hydraulic fracturing chemicals can also
result from improper well construction and/or chemical storage and handling
during the chemical mixing and well-stimulation stages.
Table 1: Potential impacts to water resources during different stages of
unconventional oil and gas development
Stage
Potential impacts to water resources
Construction
•	Erosion and sediment runoff into surface waters from land
disturbing activities impacting water quality, aquatic life and
wetlands.
•	Improper well construction could impact water resources in other
stages of the process.
•	Spills of drilling mud (i.e., a complex mixture of chemicals used
to control pressure, lubricate the drill bit, stabilize the shale
formation, control fluid loss, and retrieve cuttings).
Water
Acquisition
• Impacts depend on the time of the year, the geographic location
of water withdrawals and current water-management practices,
but there could be impacts on local water quantity and quality.
Chemical Mixing
• Surface spills or spills that reach the subsurface of individual
hydraulic fracturing chemicals or fracturing fluid (i.e., chemicals
mixed with water for hydraulic fracturing).
Well Stimulation
•	Migration of chemicals and natural gas/oil to groundwater
sources as a result of improper well construction, well casing or
cement failure under high pressure and/or repeated fracturing.
•	Migration of fluids through the hydraulically fractured network
and/or the existing faults and fractures in the subsurface.
•	Spills and leaks from hydraulic fracturing equipment (e.g.,
pumps and flowlines).
Wastewater
Management
and Storage
• Surface spills and releases of flowback and produced waters
while transporting wastewater to or from storage tanks or
impoundments containing constituents from the formation water
(e.g., naturally occurring radioactive material, barium, dissolved
solids, heavy metals and salts).
Wastewater
Treatment
and/or Disposal
•	Water treatment facilities (i.e., publicly owned treatment works
and centralized waste treatment) may not be able to effectively
treat wastewater from hydraulic fracturing activities, which can
impact surface water when discharged.
•	Spills to surface waters during transportation of wastewater to
treatment facilities or disposal sites.
Source: OIG analysis and summary.
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Recent EPA Activities Related to Unconventional Oil and Gas
Development
The EPA is taking steps to examine its role, responsibilities and prior regulatory
determinations in light of a surge in unconventional oil and gas development.
The agency has designated a headquarters-level official to share information and
coordinate initiatives from various program offices involved with energy
extraction activities, including hydraulic fracturing. In addition, EPA regions have
managers and staff who coordinate oversight of energy extraction acti vities on a
regional level.
The EPA is also working with states and other stakeholders to understand and
address potential concerns with hydraulic fracturing, to ensure the public has
confidence that natural gas production will proceed in a safe and responsible
manner. The EPA has been moving forward with initiatives to provide regulatory
clarity with respect to existing laws and using existing authorities, where
appropriate. For example, in February 2014, the Office of Water (OW) issued an
interpretive memorandum1 specific to the use of diesel fuels in hydraulic
fracturing. In 2011, the EPA's Region 3 clarified National Pollutant Discharge
Elimination System permit requirements if treatment plants accept wastewater
from hydraulic fracturing operations.
The EPA's Office of
Solid Waste and
Emergency Response
(OSWER) completed a
review of waste-related
provisions contained in
the state regulations for
26 of the 33 gas-
producing states as of
March 2014. OSWER
also developed a list of
more than 80 publicly
available sources of
voluntary management
practices tor oil and	An unconventional oil and gas development site. (EPA photo)
gas exploration and
production wastes. The results of both efforts are posted on the OSWER websi te
as a resource for policymakers and operators.
1 EPA OW. 2014. Memorandum from Peter Grevatt, Director, Office of Ground Water and Drinking Water, to
Regional Administrators and State and Tribal Underground Injection Control Program Directors, Subject:
Implementation of the Safe Drinking Water Act's Existing Underground Injection Control Program Requirements
for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuel. February 2014.
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In November 2014, OW submitted to the Office of Management and Budget
proposed pretreatment standards for hydraulic fracturing wastewater from
unconventional oil and gas formations sent to municipal wastewater treatment
plants. The EPA proposed these pretreatment standards in the Federal Register in
April 2015. OW also expects to release its draft chloride water-quality criterion
for the protection of aquatic life from discharges of highly saline wastewater into
surface water in early 2016.
In March 2015, the EPA's Office of Research and Development (ORD) published
results of its analysis of chemical disclosures reported by the oil and gas industry
to FracFocus 1.0 between January 1, 2011, and February 28, 2013.2 In the
analysis, ORD identified 692 unique ingredients used as base fluids, proppants,
and additives in hydraulic fracturing fluids. In June 2015, the ORD released its
draft assessment of the potential impacts of oil and gas hydraulic fracturing
activities on the quality and quantity of drinking water resources in the United
States for public comment and peer review.3
Responsible Offices
The EPA's OW, Office of Enforcement and Compliance Assurance (OECA), and
Office of Chemical Safety and Pollution Prevention (OCSPP) are responsible for
the issues identified in the report recommendations.
Scope and Methodology
We conducted this performance audit in accordance with generally accepted
government auditing standards. Those standards require that we plan and perform
the audit to obtain sufficient, appropriate evidence to provide a reasonable basis
for our findings and conclusions based on our audit objectives. We believe that
the evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives. We conducted this performance audit
from February 2014 through April 2015.
We conducted a literature review on unconventional oil and gas development,
as defined earlier. During the literature review, we focused on identifying the
potential impacts during different stages, as well as the authorities and/or
activities used by the EPA, states and other stakeholders to manage the potential
impacts (Appendix A).
2	EPA ORD. 2015. Analysis of Hydraulic Fracturing Fluid Data from the FracFocus Chemical Disclosure Registry
1.0. EPA/601/R-14/003 (March 2015). The data ORD analyzed is an incomplete picture of all hydraulic fracturing
due to the voluntary reporting in some states, the omission of Confidential Business Information from disclosures,
and invalid or erroneous information in the original disclosures or created during the development of ORD's project
database.
3	EPA ORD. 2015. Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water
Resources (External Review Draff). EPA/600/R-15/047c.
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We conducted interviews with the EPA and three states about their respective
programs regulating the different stages of unconventional oil and gas
development, any ongoing initiatives to address potential impacts to water
resources, practices observed from industry or implemented by the agency, and
their views regarding gaps in regulations. We conducted interviews at EPA
headquarters and in EPA Regions 3, 6 and 8. We also interviewed managers and
staff from environmental protection and oil and gas agencies in Pennsylvania,
Arkansas and Colorado.
We interviewed other stakeholders (e.g., environmental groups, industry groups
and academics) about unconventional oil and gas development and any activities
or initiatives being implemented to manage potential impacts to water resources
during hydraulic fracturing.
Our review focused on identifying the EPA's and states' existing authorities and
regulations that protect water resources from unconventional oil and gas
development, not on how effectively these authorities and regulations actually
protect water resources. We also did not examine the implementation or overall
effectiveness of practices recommended by environmental and industry
stakeholders at protecting water resources. This did not impact our conclusions or
recomm endati ons.
Additional details concerning our scope and methodology are found in
Appendix A.
Prior Audit Coverage
The U.S. Government Accountability Office (GAO) issued a report on the
development of shale oil and gas resources, and the environmental and public
health risks associated with the activity, in September 2012.4 GAO did not make
any recommendations in this report. Also in September 2012, GAO issued a
report detailing the key environmental and public health laws that apply to
unconventional oil and gas development and the exemptions or limitations that
affect how some of these laws can be applied.5 For this report, GAO also
reviewed the environmental and public health requirements governing
unconventional oil and gas development in six states (Colorado, North Dakota,
Ohio, Pennsylvania, Texas and Wyoming). The GAO identified challenges faced
by federal and state agencies in regulating unconventional oil and gas
development. The GAO did not make any recommendations to the EPA.
4	GAO. 2012. Oil and Gas: Information on Shale Resources. Development, and Environmental and Public Health
Risks. Report No. GAO-12-732.
5	GAO. 2012. Unconventional Oil and Gas Development: Key Environmental and Public Health Requirements.
Report No. GAO 12-874.
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In May 2014, GAO published a report on the management and oversight of oil
and gas development on federal and Indian lands.6 GAO recommended that the
Bureau of Land Management establish a process to ensure that its rules and
guidance are reviewed and updated, improve coordination of inspection with
states, provide data and direction to allow staff to efficiently locate resources and
wells and determine situations where development may occur without prior
approval, and improve timeliness of agreement reviews. The Bureau of Land
Management agreed with all recommendations.
In June 2014, GAO published a report on its review of the EPA's oversight of the
Underground Injection Control (UIC) Class II program.7 GAO recommended that
the EPA review emerging risks and program safeguards; improve data collection
and reporting; conduct a rulemaking to incorporate state program requirements
and changes into federal regulations; evaluate and consider alternative processes
for incorporating state program changes into federal regulations; and evaluate and
revise, if necessary, the UIC program guidance on effective oversight. The EPA
agreed with all recommendations except one. While the EPA did not agree to
conduct a rulemaking to incorporate state program requirements into federal
regulations, it agreed to evaluate alternatives to rulemaking.
6	GAO. 2014. Updated Guidance. Increased Coordinatioa and Comprehensive Data Could Improve BLM's
Management and Oversight. Report No. GAO-14-238.
7	GAO. 2014. Drinking Water: EPA Program to Protect Underground Sources from Injection of Fluids Associated
with Oil and Gas Production Needs Improvement. Report No. GAO-14-555.
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Chapter 2
EPA, States and Other Stakeholders Are Taking
Steps to Manage Impacts to Water Resources,
But Action Is Needed on the Use of Diesel Fuels
in Hydraulic Fracturing, and Chemical Disclosure
Since 2007, the EPA, states and other stakeholders have collectively established
regulations, policy, guidance, industry standards and recommended practices to
manage impacts to water resources from unconventional oil and gas development.
However, our review identified two issues in need of improvement by the EPA.
•	First, the EPA needs to improve its oversight of permit issuance for
hydraulic fracturing using diesel fuels. Evidence shows that companies have
used diesel fuels during hydraulic fracturing without required EPA or
primacy state UIC Class II permits. The EPA has also not determined
whether primacy states and tribes are following the agency's interpretive
memorandum for issuing permits when using diesel fuels during hydraulic
fracturing.
•	Second, the EPA has not developed a plan for responding to public
concerns about chemicals used in hydraulic fracturing. In May 2014,
the EPA initiated a process to seek public and stakeholder comments to
evaluate whether to establish federal chemical disclosure requirements.
However, the agency has not yet developed a plan of action for further
steps in this rulemaking activity.
EPA and States Share Responsibilities for Managing Impacts to
Water Resources
The EPA and states have developed different approaches to address the
environmental challenges of unconventional oil and gas development. Five key
federal laws give the EPA the authority to manage impacts to water resources:
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA),
Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act
(TSCA).
Many states have their own regulations for the six stages of unconventional oil
and gas development, and they adapt regulations in response to development
activities as needed. Figure 3 summarizes the regulatory tools established by the
EPA and states for use in unconventional oil and gas development.
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Figure 3: Summary of EPA, state regulatory and other tools established for use in
unconventional oil and gas development
Construction
Roads, well pads
and pipelines
Drilling the well
* '
A federal CWA 404 permit is required (either as an individual permit, a programmatic general permit,
or a nationwide general permit) when infrastructure construction will disrupt a certain number of acres
of waters of the United States or jurisdictional wetlands (this threshold varies).
Stormwater discharge permits from the appropriate state environmental agency may also be required
and include provisions to implement best management practices to reduce erosion and runoff into
streams. EPA does not generally regulate these discharges under CWA 402. Industry groups have
recommended practices to reduce stormwater discharges during this stage of construction.
Permits are required from the appropriate state oil and gas agency, which includes the technical
requirements for well construction based on the area's geology and hydrology. Requirements vary
state to state, but usually include requirements that the surface casing of the well be cemented from
top to bottom, setback requirements be established between the well site and drinking water sources,
blowout preventers to be installed, etc. Industry groups also have standards for well construction.
Water Acquisition
Permits are typically required for withdrawals of surface or groundwater meeting certain threshold
criteria from state environmental or natural resource agencies. Depending on the region, there may
also be permits required from interstate basin commissions to withdraw water (e.g., withdrawing
water from the Susquehanna or Delaware Rivers).
Chemical Mixing
Individual chemical substances and chemical mixtures, combined with a proppant and the acquired
water (or other base fluid), form the fracturing fluid and may pose a risk to human health or the
environment. Federal regulations at this stage are limited but chemicals substances and chemical
mixtures may be regulated under TSCA or FIFRA. Several states have enacted laws to address storage of
chemicals and fracturing fluids on site, as well as disclosing chemicals used in fracturing fluids.
Well Stimulation

The EPA and states and tribes with primacy for the UIC Class II program have the authority to regulate
hydraulic fracturing under the SDWA when diesel fuels are included in fracturing fluids. Otherwise, state
oil and gas agencies are primarily responsible for hydraulic fracturing regulations, including whether the
operator needs to inform the state agency immediately before fracturing.
Wastewater Management and Storage

Flowback and produced waters are not regulated as hazardous waste under RCRA Subtitle C, but their
disposal may be subject to EPA's RCRA Subtitle D criteria as "solid wastes" and subject to state
regulation. Many of the regulations pertaining to onsite management and storage of wastewater occur
on the state level, either in state oil and gas or environmental agencies. Regulations may include
requirements for liners in pits and impoundments, secondary containment requirements for tanks,
requirements for fluid levels in pits, etc. The comprehensiveness of regulations vary state to state.
Wastewater Treatment and/or Disposal
The regulations for onshore oil and gas extraction generally require zero discharge of wastewater;
operators can send wastewater to privately or publically owned treatment facilities for treatment.
Discharges of treated wastewater are regulated under the CWA's National Pollutant Discharge
Elimination System program that is primarily delegated to states. Alternately, operators can dispose of
wastewaters under the SDWA's UIC Class II program. While this program is primarily delegated to states,
the EPA directly implements the program in 11 states. The EPA does not specifically regulate the reuse
of wastewater in other fracturing operations, but does regulate beneficial use of wastewater for
agriculture or wildlife use (40 CFR Part 435, Subpart E). The EPA could regulate other forms of reuse if it
involved a discharge to the waters of the United States.
Source: OIG analysis and summary.
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According to a 2014 study conducted by the Ground Water Protection Council:8
... State regulatory strategies differ in response to unique local
circumstances and characteristics; over time, they evolve to
address public concerns about the safety and environmental impact
of oil and gas development, as well as rapidly changing
technologies, new field discoveries, revised leading operational
practices, internal and external reviews, and regulatory experience.
In 2012, the National Conference of State Legislators reported that 170 bills
pertaining to unconventional oil and gas development were introduced in 29
states, but only 14 of those states enacted legislation (about 48 percent). In 2013,
the number of bills introduced by states increased to more than 225 in 40 states;
23 of those 40 states (approximately 58 percent) enacted legislation in 2013. The
introduced bills focused on aspects of the unconventional oil and gas process that
are solely part of a state's authority.
In 2009, for example, the state of Arkansas found elevated levels of benzene
(a known carcinogen) and chlorides in groundwater. The presence of the
chemicals in the groundwater was caused by the improper storage and disposal of
hydraulic fracturing wastewater. As a result, the state revoked all land disposal
permits and established new permit requirements for storage pits and wastewater
disposal. The new requirements also included wastewater pre-testing and set new
limits for allowable chloride levels.
In another example, Pennsylvania found that
one company contributed to methane
groundwater contamination because of failure
to properly cement casing at certain wells, as
well as groundwater contamination because of
a diesel fuel spill. In response, the state
developed new regulations that require stricter
containment practices for unconventional
wells. Colorado and Pennsylvania use their
own authorities to require operators to obtain
a stormwater discharge permit during the
construction stage and implement best
management practices to reduce erosion.
Stormwater discharges at oil and gas sites
generally cannot be regulated under the
federal National Pollutant Discharge
Elimination System program.
An unconventional oil and gas
development site. (EPA photo)
8 The Ground Water Protection Council is a nonprofit 501(c)6 organization whose members consist of state
groundwater regulatoiy agencies that come together to mutually work toward the protection of the nation's
groundwater supplies. The council's mission is to promote the protection and conservation of groundwater resources
for all beneficial uses.
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Other Stakeholder Initiatives Support Managing Impacts to
Water Resources
Other stakeholders also help to develop measures to address current and potential
impacts to water resources from oil and gas development. Two active
stakeholders are the American Petroleum Institute (API) and the State Review of
Oil & Natural Gas Environmental Regulations Inc. (STRONGER Inc.). Between
2009 and 2011, the API developed and published a set of five guidance
documents that addressed different issues related to hydraulic fracturing
operations (e.g., well construction and integrity, water management, and
mitigating surface impacts). Appendix A contains a partial list of the API
documents.
In 2013, STRONGER Inc. published guidelines the group uses when it evaluates
state regulatory programs. The guidelines address well integrity, baseline
groundwater monitoring protocols, and public disclosure of information about
chemical additives.
According to the EPA and state regulators, oil and gas companies are also
developing new strategies to lessen the impact on water resources by recycling
wastewater, storing wastewater in tanks instead of open pits, and not sending
wastewater to treatment plants lacking the capacity to handle oil and gas waste.
For example, the Arkansas Public Policy Panel reports that the largest producer in
the Fayetteville Shale has been working with environmental groups and Arkansas
state officials to ensure all operators abide by state and local rules governing
unconventional oil and gas activities. This Fayetteville Shale producer also
pledged to recycle 100 percent of its wastewater by 2017.
EPA Needs to Assess Whether Permits Are Issued and Enforced
Properly When Diesel Fuels Are Used in Hydraulic Fracturing Under
the UIC Class II Program
The Energy Policy Act of 2005 (Pub. L 109-58 ง322, 119 Stat. 594 (2005))
amended the SDWA (42 U.S.C. 300h (d)) to require permitting of hydraulic
fracturing with diesel fuels.9 As a result of the 2005 amendments to the SDWA
(Pub. L 109-58 ง322, 119 Stat. 594 (2005)) and the EPA's UIC regulations, a UIC
Class II permit must be obtained prior to underground injection of diesel fuels for
hydraulic fracturing.
In February 2014, the EPA issued a memorandum with its interpretation of the
statutory term "diesel fuels," and guidance containing nonbinding
recommendations for how to permit the use of diesel fuels in hydraulic fracturing.
The memorandum contained the EPA's interpretation of existing statutory and
regulatory requirements. The agency considers the following five substances to be
9 Diesel fuels contain chemicals, such as benzene, a known carcinogen.
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diesel fuels: diesel fuels, No. 2 diesel fuels, No. 2 fuel oil, No. 4 fuel oil, and
kerosene. While the guidance is directed to EPA regional permit writers, the
agency believes the guidance will be useful to primacy states and tribes
implementing the UIC Class II program.1"
Since the Energy Policy Act
amended the SDWA in
2005, there is evidence that
the EPA and primacy states
have not been fully
successful in their efforts to
effectively control the use
of diesel fuels for well
stimulation. In 2011, a
congressional investigation
reported that the injection
of over 32 million gallons
of diesel fuels without
permits occurred in 19
,	,	An unconventional oil and aas development site. (EPA photo!
states between 2005 and	a	K	v K '
2009." According to the EPA, this congressional investigation prompted the
agency to revise its permitting guidance and issue an interpretive memorandum in
2014. The EPA stated the findings from the congressional investigation informed
the agency that a 2003 Memorandum of Agreement with three well service
companies (Bj Services, Halliburton and Schlumberger) to voluntarily eliminate
diesel fuels from hydraulic fracturing fluids injected directly into underground
sources of drinking water for coal-bed methane production12 was not being
followed.
In 2012, after discovering that four companies may have used substances during
hydraulic fracturing that may have qualified as diesel fuel constituents under the
EPA's draft permitting guidance, EPA Region 3 issued written notification to the
operators that permits are required under the UIC program.
10	Primacy states and tribes have Class II UIC programs approved by the EPA through Sections 1422 or 1425 of the
SDWA; therefore, states and tribes with approved primacy programs have primary enforcement authority over their
respective underground injection activities. States receive primacy from the EPA. provided that the state has
regulations as stringent as federal regulations, or the state demonstrates its program is effective in protecting
underground sources of drinking waters.
11	U.S. House of Representatives, Committee on Energy & Commerce, Waxnian. Markev. and DeGette
Investigation Finds Continued Use of Diesel in Hydraulic Fracturing Fluids (January 2011); and Reps. Waxinan.
Markev. and DeGette Report Updated Hydraulic Fracturing Statistics to EPA (October 2011).
12	Methane is generated during coal formation and is contained in the coal microstructure. Typical recovery entails
pumping water out of the coal to allow the gas to escape. Between 2008 and 2013, production of coal bed methane
decreased from 1,966 billion cubic feet to 1,466 billion cubic feet.
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More recently, in 'Tracking Beyond the Law,"13 the Environmental Integrity
Project reported that between 2010 and 2014 there were hundreds of instances in
which wells were hydraulically fractured with diesel fuels without having a
permit.14 However, in response to the Environmental Integrity Project
investigation, Energy in Depth discusses the uncertainty that exists among
primacy states and the industry regarding the interpretation of diesel fuels and
how the SDWA UIC permitting applies to the use of diesel fuels during hydraulic
fracturing.15 If primacy states and tribes are unclear about the permitting of diesel
fuels, this could cause a disparity in the level of protecti on provi ded to the
environment and public health.
The ORD's analysis of data
from FracFocus,16 the chemical
disclosure database, shows that
diesel fuels (diesel fuels, No. 2
diesel fuels, and kerosene) have
been used during hydraulic
fracturing. However, the ORD's
timeframe for the FracFocus
analysis is prior to the EPA
OW's issuance of its
interpretive memorandum and
permitting guidance for diesel
fuels use during hydraulic
fracturing. The ORD did not
analyze whether a UIC Class II
permit had been issued for
these instances.
The EPA says it intends to follow the interpretation of "di esel fuels" in its
implementation, enforcement and oversight of the UIC Class II program. The
EPA's issuance of a memorandum and guidance is an important management
control. However, the EPA's implementation of the memorandum and guidance
by the agency's permit writers, as well as oversight of primacy states and tribes,
will increase assurance that the risks to groundwater resources associated with
diesel fuels hydraulic fracturing are adequately addressed.
13	Environmental Integrity Project. 2014. Fracking Beyond the Law: Despite Industry Denials. Investigation Reveals
Continued Use of Diesel Fuels in Hydraulic Fracturing.
14	Many of the wells noted in the Environmental Integrity Project's analysis as hydraulically fractured without a
permit were done so with kerosene, which EPA did not clarify as a diesel fuel until after the EPA issued its
interpretive memorandum and revised permitting guidance in February1 2014.
15	Energy in Depth is a research, education and public outreach project, launched by the Independent Petroleum
Association of America in 2009, focused on oil and natural gas energy development. See their analysis of the
Environmental Integrity Project's investigation at http://energvindepth.org/national/eip-diesel-fuel-report-lacks-data-
integritv/.
16	ORD analyzed chemical disclosures reported by the oil and gas industry to FracFocus 1.0 between January' 1,
2011, and February 28, 2013.
An example of a pit or impoundment at an
unconventional oil and gas development site.
(EPA photo)
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EPA Has Started Responding to the Public's Concerns About
Chemicals Used in Fracturing Fluid, But Action Plan Is Needed
In 2011, the EPA received a petition from 115 environmental groups to
promulgate rules to require full disclosure of chemicals and mixtures used in oil
and gas exploration and production. In response, the EPA agreed to convene a
stakeholder process to develop an overall approach to require reporting of
chemicals and mixtures used in hydraulic fracturing, while minimizing reporting
burdens and costs, taking advantage of existing information, and avoiding
duplication of efforts. To facilitate public comment, in May 2014, the EPA
published an advance notice of proposed rulemaking identifying key issues for
further discussion and analysis. The advance notice of proposed rulemaking
requested public comments on various aspects of obtaining information on
chemical substances and mixtures used for hydraulic fracturing. Also, the EPA
solicited public comment on "appropriate disclosure to ensure that information
about the chemicals and mixtures used in hydraulic fracturing activities is
provided to the public in a transparent fashion."
The EPA asked the public to comment on several factors, including: (a) the
overall approach to reporting and disclosure of chemical substances and mixtures
used in hydraulic fracturing, (b) what information companies should report or
disclose, (c) the scope of reporting or disclosure of information, and (d) the
possible use of third parties in data collection and verification.
The comment period closed in September 2014. The EPA received over 260,000
submissions in response to the advance notice of proposed rulemaking. During
our review, the EPA officials said that they will review the comments and
consider next steps. To date, however, the agency has not addressed the
comments or developed a plan of action for the next steps. The EPA's OCSPP
needs to develop an action plan with a timeline to address the public comments
and determine whether to propose a rule to obtain information on chemical
substances and mixtures used in hydraulic fracturing.
Conclusion
The EPA, states and other stakeholders have made progress developing policies
and regulations to manage potential impacts to water resources from hydraulic
fracturing. Areas for improvement that can be addressed by the EPA include
determining how its memorandum and guidance on the permitting of hydraulic
fracturing using diesel fuels is implemented by primacy states and tribes and
addressing any compliance issues identified. Additionally, the agency should
develop an action plan to address public comments and determine whether there is
a need for a federal chemical disclosure program. Addressing these areas will
support and strengthen program and environmental protection controls for the
growing field of hydraulic fracturing.
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Recommendations
We recommend that the Assistant Administrator for Water:
1.	Use authorities under the Safe Drinking Water Act to:
a.	Determine whether the EPA, primacy states and tribes issue permits
for hydraulic fracturing using diesel fuels as required by statute, the
interpretive memorandum and permitting guidance.
b.	Report the results of the determination to the public.
c.	Submit an action plan outlining the steps (along with completion
dates) the agency will take if the determination reveals permitting of
hydraulic fracturing using diesel fuels is not occurring in accordance
with statute, the interpretive memorandum and permitting guidance.
We recommend that the Assistant Administrator for Enforcement and Compliance
Assurance:
2.	Address compliance issues related to diesel fuel hydraulic fracturing
without a permit and not in accordance with statute, the interpretive
memorandum and permitting guidance.
We recommend that the Assistant Administrator for Chemical Safety and
Pollution Prevention:
3.	Establish and publish an action plan with milestone dates that outlines the
steps necessary for determining whether to propose a rule to obtain
information on the chemical substances and mixtures used in hydraulic
fracturing.
Agency Comments and OIG Evaluation
The Deputy Assistant Administrator for Water provided a response to our draft
report on May 28, 2015 (Appendix B), which also included responses from
OCSPP and OECA. OIG staff met with these offices on June 10, 2015, to gather
additional information and discuss the recommendations and the agency
responses.
The agency agreed with Recommendation 1 and provided high-level corrective
actions that are responsive. The agency disagreed with Recommendation 1(c) in its
official response. However, in further discussions, OW staff and managers
indicated they will determine by March 2017 if additional steps are needed based
on the results of the determination in Recommendation 1(a) and develop an action
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plan if appropriate. Recommendations l(a)-(c) are resolved and open, pending
completion of the actions.
The agency disagreed with Recommendation 2 and suggested that this
recommendation was unnecessary because of OECA's ongoing work under the
agency's Energy Extraction and Production National Enforcement Initiative,
which focuses on compliance at onshore natural gas extraction and production
facilities. Based on additional information received from OECA, we conclude that
the EPA's proposed corrective actions meet the intent of this recommendation.
This recommendation is resolved and closed.
The agency agreed with Recommendation 3 and provided high-level corrective
actions that are responsive. The agency's initial response did not include a
milestone date for completion. However, during later discussions, the agency
provided a milestone date of January 2016 to complete evaluation of the public
comments received as part of the advance notice of proposed rulemaking and to
determine next steps. This recommendation is resolved and open, pending
completion of the actions.
The agency also provided technical comments from OW; OSWER; OCSPP; the
Office of General Counsel; and Regions 3, 4 and 6. Where appropriate, we
incorporated changes to the report based on the agency's technical comments.
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Status of Recommendations and
Potential Monetary Benefits
RECOMMENDATIONS
POTENTIAL MONETARY
BENEFITS (In $000s)
Rec.
No.
No.
Subject
Status1
Action Official
Planned
Completion
Date
Claimed
Amount
Ag reed-To
Amount
15 Use authorities under the Safe Drinking Water Act
to:
a.	Determine whether the EPA, primacy states
and tribes issue permits for hydraulic
fracturing using diesel fuels as required by
statute, the interpretive memorandum and
permitting guidance.
b.	Report the results of the determination to
the public.
c.	Submit an action plan outlining the steps
(along with completion dates) the agency
will take if the determination reveals
permitting of hydraulic fracturing using
diesel fuels is not occurring in accordance
with statute, the interpretive memorandum
and permitting guidance.
15 Address compliance issues related to diesel fuel
hydraulic fracturing without a permit and not in
accordance with statute, the interpretive
memorandum and permitting guidance.
15 Establish and publish an action plan with milestone
dates that outlines the steps necessary for
determining whether to propose a rule to obtain
information on chemical substances and mixtures
used in hydraulic fracturing.
Assistant Administrator
for Water
12/31/16
3/30/17
3/30/17
Assistant Administrator
for Enforcement and
Compliance Assurance
Assistant Administrator for
Chemical Safety and
Pollution Prevention
7/16/15
1/31/16
1
0 = Recommendation is open with agreed-to corrective actions pending.
C = Recommendation is closed with all agreed-to actions completed.
U = Recommendation is unresolved with resolution efforts in progress.
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Appendix A
Additional Details on Scope and Methodology
Literature Review of Potential Impacts
We reviewed the EPA's national study plan and progress report on the potential impacts on
hydraulic fracturing. We reviewed GAO reports and published articles about unconventional oil
and gas development, including hydraulic fracturing. We also reviewed reports from industry
sources and environmental groups for information about potential public health and
environmental impacts. A listing of the reports appears below.
Through a literature review, we identified and evaluated the authorities and activities relevant to
the EPA, states and other stakeholders involved with the management of potential health and
environmental impacts. We reviewed the Energy Policy Act of 2005 and the CWA, SDWA,
RCRA, TSCA and CERCLA.
Our review of state regulations focused on the coverage of the regulations, not their quality or
effectiveness. For example, we did not conduct a detailed evaluation of what regulators, permit
writers or enforcers require when they design and implement their program(s).
EPA Guidance and Reports
•	ORD. 2012. Study of the Potential Impacts of Hydraulic Fracturing on Drinking Water
Resources Progress Report. EPA 601/R-12/011.
•	ORD. 2011. Plan to Study the Potential Impacts of Hydraulic Fracturing on Drinking
Water Resources. EPA/600/R-11/122.
•	OW. 2014. Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using
Diesel Fuels: Underground Injection Control Program Guidance #84, February 2014.
EPA 816-R-14-001.
•	OW. 2014. Memorandum from Peter Grevatt, Director, Office of Ground Water and
Drinking Water to Regional Administrators and State and Tribal UIC Program Directors,
Subject: Implementation of the Safe Drinking Water Act's Existing Underground
Injection Control Program Requirements for Oil and Gas Hydraulic Fracturing Activities
Using Diesel Fuel, February 2014.
Other Documents, Reports and Articles
•	API. 2011. Guidance Document HF3, Practices for Mitigating Surface Impacts
Associated with Hydraulic Fracturing, First Edition.
•	API. 2010. Guidance Document HF2, Water Management Related to Hydraulic
Fracturing, First Edition.
•	API. 2009. Guidance Document HF1, Hydraulic Fracturing Operations-Well
Construction and Integrity Guidelines, First Edition.
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•	API. 2009. Recommended Practice 51R, Environmental Protection for Onshore Oil and
Gas Production Operations and Leases, First Edition.
•	Bagheri, F. 2013. Regulation of Hydraulic Fracturing of Shale Gas Formations in the
United States. Pepperdine Public Policy Review 6(1).
•	Behr, P. 2012. Authors of Model Fracking Regulation Find It's Lonely in the Middle.
Midwest Energy News. October 4, 2012.
•	Boling, M. 2013. Balancing Environmental, Social and Economic Impacts of Shale Gas
Development Activities. Emerging Issues in Shale Gas Development Webinar
presentation. Yale Center for Environmental Law and Policy, January 23, 2013.
•	Brady, W.J. and J.P. Crannell. 2012. Hydraulic Fracturing Regulation in the United
States—The Laissez-Faire Approach of the Federal Government and Varying State
Regulations. Vermont Journal of Environmental Law 14(2012-2103): 39-70.
•	Brown, K. 2014. Environmental Integrity Project Diesel Fuel Report Lacks Data
Integrity. Energy in Depth.
•	Congressional Letters to former EPA Administrator Lisa Jackson. Results of a
Congressional Investigation into the Use of Diesel Fuel, January 31, 2011, and
October 25, 2011.
•	Congressional Research Service. 2013. Hydraulic Fracturing and Safe Drinking Water
Act Regulatory Issues. Report No. R41760.
•	Cricco-Lizza, G. 2012. Hydraulic Fracturing and Cooperative Federalism: Injection
Reality Into Policy Formation. Seton Hall Law Review 42(2): 703-740.
•	Dennis, J.P. 2013. The Emergence of Natural Gas and the Need for Cooperative
Federalism to Address a Big "Fracking" Problem. San Diego Journal of Climate &
Energy Law 4: 253-275.
•	Environmental Defense Fund. 2014. Model Regulatory Framework for Hydraulically
Fractured Hydrocarbon Production Wells.
•	Environmental Integrity Project. 2014. Fracking Beyond the Law: Despite Industry
Denials, Investigation Reveals Continued Use of Diesel Fuels in Hydraulic Fracturing.
•	Farrell, A., D. Frongillo, K. Kennedy, M. Paque, M. Robertson, and C.M. Smith. 2012.
Fracking: The Roles of Corporate Self Governance and Federal, State and Local Control;
The Environmental Forum 29(6): 44-51.
•	Fershee, J.P. 2012. The Oil and Gas Evolution: Learning from the Hydraulic Fracturing
Experiences in North Dakota and West Virginia. West Virginia University Law Legal
Studies Research Paper No. 2012-14. Texas Wesleyan Law Review 19: 23-36.
•	GAO. 2014. Drinking Water: EPA Program to Protect Underground Sources from
Injection of Fluids Associated with Oil and Gas Production Needs Improvement.
Report No. GAO-14-555.
•	GAO. 2014. Oil and Gas: Updated Guidance, Increased Coordination, and
Comprehensive Data Could Improve BLM's Management and Oversight.
Report No. GAO-14-23 8.
•	GAO. 2012. Oil and Gas: Information on Shale Resources, Development, and
Environmental and Public Health Risks. Report No. GAO-12-732.
•	GAO. 2012. Unconventional Oil and Gas Development: Key Environmental and
Public Health Requirements. Report No. GAO 12-874.
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•	Gradijan, F. 2012. State Regulation, Litigation, and Hydraulic Fracturing. Environmental
& Energy Law & Policy Journal 7(1): 47-85.
•	Ground Water Protection Council/ALL Consulting/U.S. Department of Energy. 2009.
Modern Shale Gas Development in the United States: A Primer.
•	Ground Water Protection Council. 2014. State Oil and Natural Gas Regulations Designed
to Protect Water Resources: 2014 Edition.
•	Hatzenbuhler, H. and T.J. Centner. 2012. Regulation of Water Pollution from Hydraulic
Fracturing in Horizontally-Drilled Wells in the Marcellus Shale Region, USA.
Water 4(4): 983-994.
•	Horizon Environmental Services, Inc./Independent Producers Association of America.
2004. Guidance Document: Reasonable and Prudent Practices for Stabilization (RAPPS)
of Oil and Gas Construction Sites.
•	Investor Environmental Health Network/Interfaith Center on Corporate Responsibility.
2014. Disclosing the Facts 2014: Transparency and Risk in Hydraulic Fracturing
Operations.
•	Konschnik, K.E. and M.K. Boling. 2014. Shale Gas Development: A Smart Regulation
Framework. Environmental Science & Technology.
•	Kulander, C.S. 2013. Shale Oil and Gas State Regulatory Issues and Trends.
Case Western Reserve Law Review 63(4): 1101-1141.
•	Liroff, R. 2011. Extracting the Facts: An Investor Guide to Disclosing Risks from
Hydraulic Fracturing Operations, published by the Investor Environmental Health
Network.
•	National Conference of State Legislatures. 2013. States Take the Lead on Regulating
Hydraulic Fracturing Overview of 2012 State Legislation.
•	National Resources Defense Council. 2012. State Hydraulic Fracturing Disclosure Rules
and Enforcement: A Comparison.
•	Negro, S.E. 2012. Fracking Wars: Federal, State and Local Conflicts over the Regulation
of Natural Gas Activities. Zoning and Planning Law Report 35(2): 1-14.
•	Rahm, D. 2011. Regulating Hydraulic Fracturing in Shale Gas Plays: The Case of Texas.
Energy Policy 39 (2011): 2974-2981.
•	Resources for the Future. 2013. The State of State Shale Gas Regulation.
•	Resources for the Future. 2013. The State of State Shale Gas Regulation: State by State
Tables.
•	Spence, D.B. 2013. Federalism, Regulatory Lags, and the Political Economy of Energy
Production. University of Pennsylvania Law Review 161: 431-508.
•	Warner, B. and J. Shapiro. 2012. Fracing and Federalism: A Regulatory Battle of the
Titans. American Political Science Association 2012 Annual Meeting Paper.
•	Wiseman, H. 2010. Regulatory Adaptation in Fractured Appalachia. Villanova
Environmental Law Journal 21(2): 229-292.
•	Wiseman, H. and F. Gradijan. 2011. Regulation of Shale Gas Development, Including
Hydraulic Fracturing. University of Tulsa Legal Studies Research Paper No. 2011-11.
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Interviews with EPA, States and Other Stakeholders
We interviewed the EPA and states about their respective programs that regulate the different
stages of hydraulic fracturing, any ongoing initiatives to address the potential impacts,
recommended practices observed from industry or implemented by the agency, and their views
on gaps in regulations. We interviewed EPA Regions 3, 6 and 8 based on the following factors:
the amount of unconventional oil and gas development, the current level of federal and state
activity and involvement, and recent news or occurrences of alleged contamination from
hydraulic fracturing. We also selected one state from each region to interview using the same
factors that we used to select the EPA regions. Pennsylvania was selected from Region 3,
Arkansas from Region 6, and Colorado from Region 8. In each state, we met with managers and
staff from the environmental protection and oil and gas agencies or offices. Table A-l provides a
listing of the organizations interviewed.
Table A-1: Interviews conducted during the OIG evaluation
EPA
•	Office of the Administrator
•	Office of Chemical Safety and Pollution Prevention
•	Office of Enforcement and Compliance Assurance
•	Office of Research and Development
•	Office of Solid Waste and Emergency Response
•	Office of Water
•	Region 3
•	Region 6
•	Region 8
State and Basin
•	Arkansas Department of Environmental Quality
•	Arkansas Department of Natural Resources
•	Colorado Department of Public Health and the Environment
•	Colorado Oil and Gas Conservation Commission
•	Pennsylvania Department of Environmental Protection
•	Delaware River Basin Commission
•	Susquehanna River Basin Commission
Industry
nongovernmental
organizations
•	American Petroleum Institute
•	Colorado Oil and Gas Association
•	Independent Producers Association of America
Environmental
nongovernmental
organizations
•	Earthworks
•	Environmental Defense Fund
•	Natural Resources Defense Council
Others
•	STRONGER Inc.
•	Ground Water Protection Council
•	Arkansas Public Policy Panel
•	Professor of Environmental Engineering at the University of Colorado
Source: OIG analysis and summary.
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Appendix B
Agency Response to Draft Report
and OIG Evaluation
May 28, 2015
SUBJECT: Response to the Office of Inspector General's Draft Report/Project No. OPE-
FY14-0018, "Enhanced EPA Oversight and Action Can Further Protect Water
Resources from the Potential Impacts of Hydraulic Fracturing," dated April 28,
2015
FROM: Kenneth J. Kopocis
Deputy Assistant Administrator
TO:	Arthur A. Elkins, Jr.
Inspector General
Thank you for the opportunity to respond to the issues and recommendations in the subject audit
report. The following is a summary of the U.S. Environmental Protection Agency's overall
response to the draft report, along with specific comments on each of the report's
recommendations. We have also included an attachment with technical comments on the report.
The EPA agrees with and appreciates the recognition by the Office of Inspector General that the
Agency is taking positive steps to protect public health and the environment in light of a surge in
unconventional oil and gas development. Over the past several years, the EPA has proactively
coordinated initiatives from various program and regional offices involved with energy
extraction activities, including hydraulic fracturing. The Agency also agrees that it needs to
consider the public's interest in the chemicals and mixtures used in hydraulic fracturing
activities. The EPA is currently evaluating public and stakeholder comments on the Agency's
2014 Advance Notice of Proposed Rulemaking to obtain information on chemicals and mixtures
used in hydraulic fracturing, and to determine appropriate next steps.
Over the past several years, the EPA has worked with states and the regulated community to
improve understanding of the provisions of the Safe Drinking Water Act and Underground
Injection Control regulations regarding hydraulic fracturing activities. The Agency provided
regulatory clarity on hydraulic fracturing by issuing an interpretive memorandum1 in 2014. In the
memorandum, the EPA explains that any owner or operator who injects diesel fuels as part of
hydraulic fracturing for oil or gas extraction must obtain a UIC Class II permit before injection,
and provides the Agency's interpretation of the statutory term "diesel fuels" for permitting
purposes. The EPA also provided detailed recommendations to EPA permit writers in its
1 "Implementation of the Safe Drinking Water Act's Existing Underground Injection Control Program Requirements
for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels" (EPA, 2014)
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permitting guidance for hydraulic fracturing using diesel fuels.2 The EPA engaged with state and
tribal programs, industry stakeholders and the environmental community throughout the
development and after publication of the UIC permitting guidance and interpretive memorandum
for the use of diesel fuels in hydraulic fracturing.
The EPA coordinates with states where use of diesel fuels in hydraulic fracturing has been
reported and evaluates any information regarding injection of diesel fuels for hydraulic fracturing
on a case-by-case basis. For example, the Environmental Integrity Project issued a report in late
2014, stating that diesel fuels usage had been reported in multiple states through the disclosure
website www.fracfocus.org. In response, EPA regional offices met with the states where
unpermitted diesel fuels usage was reported. As a result of this communication, the state
programs initiated investigations. Upon review of the wells' final stimulation plans, the states
found that diesel fuels were not actually used in those hydraulic fracturing activities. The reports
of diesel fuel usage in FracFocus were either filing mistakes or were part of initial drilling plans
that were not implemented. With assistance from the EPA, state and tribal governments have
worked to inform well service companies and operators of the UIC permit implications of using
diesel fuels for hydraulic fracturing, and have encouraged the use of safer alternatives.
Based on the EPA's outreach and evaluation, to date, no states or tribes with permitting authority
for the UIC Class II program have received applications or issued any permits for the use of
diesel fuels in hydraulic fracturing. Likewise, the Agency has not received applications nor
issued any permits for the use of diesel fuels in hydraulic fracturing where the EPA is the
permitting authority. Further, as noted above, investigations of diesel fuels use since the release
of the Agency's 2014 guidance and memorandum show that no improper permitting of diesel
occurred in these cases.
In 2011, the EPA designated "energy extraction" as one of its six National Enforcement
Initiatives, which includes a focus on unconventional gas extraction and production. The
Initiative's primary goal is to address impacts to air and water from onshore natural gas
extraction and production activities that may cause or contribute to significant harm to public
health and/or the environment. Compliance issues associated with hydraulic fracturing at natural
gas sites, including the UIC Class II program, fall under the Energy Extraction Initiative.
The EPA will continue to use its oversight authorities under the Safe Drinking Water Act to
work with state primacy programs and EPA regional permit authorities to communicate
requirements and responsibilities regarding the use of diesel fuels during hydraulic fracturing,
and to evaluate reports of unpermitted use of diesel fuels in hydraulic fracturing. If a permit is
warranted, the EPA will ensure that the activity is permitted in a manner that is protective of
underground sources of drinking water.
2 Revised Guidance: Permitting Guidance for Oil and Gas Hydraulic Fracturing Activities Using Diesel Fuels:
Underground Injection Control Program Guidance #84 (EPA, 2014)
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AGENCY'S RESPONSE TO REPORT RECOMMENDATIONS
Agreements
No.
Recommendation
High-Level Intended
Corrective Action(s)
Estimated
Completion by
1(a).
Use oversight authorities under
the Safe Drinking Water Act to
determine whether the EPA,
primacy states and tribes issue
permits for the use of diesel fuel
during hydraulic fracturing as
required by statute, the
interpretive memorandum and
permitting guidance.
As part of the EPA UIC
program's regular oversight
activities with states and
through direct implementation
of the UIC program, the
Agency will continue to
communicate requirements and
responsibilities regarding the
use of diesel fuels during
hydraulic fracturing. Through
these oversight activities, we
will determine whether diesel
fuels are used; and, if so,
whether the EPA, states and
tribes are issuing permits in
accordance with the SDWA and
UIC regulations.
December 2016
1(b).
Report the results of the
determination to the public.
The Office of Water will
compile results of regional and
primacy program permitting
activities regarding the use of
diesel fuels in hydraulic
fracturing and post those results
on our public website.
March 2017
3.
Establish and publish an action
plan with milestone dates that
outlines the steps necessary for
determining whether to propose a
rule to obtain information on the
chemical substances and mixtures
used in hydraulic fracturing.
In May 2014, the EPA issued
an Advance Notice of Proposed
Rulemaking to seek public and
stakeholder input on how best
to obtain information on
chemicals and mixtures used in
hydraulic fracturing. The EPA
is currently evaluating the
comments to determine
appropriate next steps and our
future plan of action.
To be determined based
on evaluation of public
comments.
OIG Response: The agency's high-level corrective actions for Recommendations 1(a) and 1(b) are
responsive. Subsequent to a meeting with the agency in June 2015, the EPA provided an estimated
date of January 2016 for Recommendation 3 of when it will complete its evaluation of public comments
and decide whether to continue the rulemaking process.
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Disagreements
No.
Recommendation
High-Level Intended
Corrective Action(s)
Estimated
Completion by
1(c).
Submit an action plan outlining
the steps (along with completion
dates) the Agency will take if the
determination reveals permitting
of diesel fuel during hydraulic
fracturing is not occurring in
accordance with statute, the
interpretive memorandum and
permitting guidance.
Outreach and evaluation to date
has shown that neither states,
tribes, nor the EPA have
received applications or issued
any permits for the use of diesel
fuels in hydraulic fracturing.
Since the 2014 guidance and
memo clarified requirements,
the EPA has not seen any
evidence of improper use of
diesel fuels, so an action plan
would be premature without the
results of the determination in
Ka).
The EPA will
determine any next
steps based on the
results of the
determination in
recommendation 1(a).
If significant diesel use
is found and states are
issuing permits, the
EPA may decide to
examine how states are
permitting the use of
diesel fuels in hydraulic
fracturing activities
with respect to the
practices found in the
guidance.
2.
Address compliance issues
related to diesel fuel use during
hydraulic fracturing without a
permit and not in accordance with
statute, the interpretive
memorandum and permitting
guidance.
This recommendation is
unnecessary and should be
deleted. The EPA designated
"energy extraction" as a
National Enforcement Initiative
in 2011. The Initiative has the
primary goal of addressing
impacts to air and water from
onshore natural gas extraction
and production activities that
may cause or contribute to
significant harm to public
health and/or the environment.
The Agency is
implementing the
Energy Extraction
National Enforcement
Initiative, which is
focused on onshore
natural gas extraction
and production, and
which encompasses
UIC Class II
compliance issues.
OIG Response: The agency's high-level corrective actions for Recommendation 1(c) are responsive.
Following a June 2015 meeting to discuss the agency's comments, the agency provided an estimated
milestone completion date of March 2017 for Recommendation 1(c), based on the results of
Recommendation 1(a), For example, if significant diesel use is found and states are issuing permits,
the EPA may decide to examine how states are permitting the use of diesel fuels in hydraulic fracturing
activities with respect to the recommendations for the EPA permit writers found in the guidance. Should
significant unpermitted diesel use be found, the EPA's response would depend on considerations such
as its extent and location, as well as the reasons for the unpermitted use.
The OIG disagrees with the agency that Recommendation 2 should be deleted. During the June 2015
exit meeting, agency staff indicated that any compliance issues identified from onshore natural gas and
concurrent oil extraction and production activities would be part of the Energy Extraction and
Production National Enforcement Initiative. Other oil extraction activities would be part of the regions'
core enforcement programs. After receiving and reviewing clarifying information from the agency, we
consider Recommendation 2 as closed upon issuance of the final report.
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CONTACT INFORMATION
If you have any questions regarding this response, please contact Ronald Bergman, Acting
Director, Drinking Water Protection Division, Office of Ground Water and Drinking Water at
(202) 565-3823; Andrew Stewart, Acting Director, Special Litigation and Projects Division,
Office of Civil Enforcement/Office of Enforcement and Compliance Assurance at (202) 564-
1463; or Paul Lewis, Chief, Chemical Information and Testing Branch, Office of Pollution
Prevention and Toxics at (202) 564-6738.
cc:
Mike Shapiro
Marilyn Ramos
Dan Engelberg
Johnny Ross
Peter Grevatt
Cynthia Giles
Jim Jones
Mary Hanley
Action Follow-up Coordinators (HQ and RT)
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Appendix C
Distribution
Office of the Administrator
Deputy Assistant Administrator for Water
Assistant Administrator for Enforcement and Compliance Assurance
Assistant Administrator for Chemical Safety and Pollution Prevention
Agency Follow-Up Official (the CFO)
Agency Follow-Up Coordinator
General Counsel
Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for Public Affairs
Principal Deputy Assistant Administrator for Water
Principal Deputy Assistant Administrator for Enforcement and Compliance Assurance
Deputy Assistant Administrator for Enforcement and Compliance Assurance
Deputy Assistant Administrator for Chemical Safety and Pollution Prevention
Audit Follow-Up Coordinator, Office of Water
Audit Follow-Up Coordinator, Office of Enforcement and Compliance Assurance
Audit Follow-Up Coordinator, Office of Chemical Safety and Pollution Prevention
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