EPA Narrows Controversial Definition of "Diesel Fuels" in Hydraulic Fracturing Permitting Guidance

As hydraulic fracturing continues to play a strong role in reviving the U.S. energy economy, pressure remains on Federal and state authorities to regulate the practice.  To date, the U.S. Environmental Protection Agency’s (“EPA”) approach has been inconsistent.  On the one hand, it has denied a petition to require testing by manufacturers and processors of chemicals used in fracturing on the grounds that there is an insufficient basis to require such testing.

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