A Water-Related Take on BLM’s Proposed Fracking Rules
Recently, the federal Bureau of Land Management (BLM) issued a proposed rule to regulate hydraulic fracturing on federal and Indian lands. Among other things, the new regulations will require operators to:
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Submit a proposal for well stimulation that is approved by BLM before the commencement of operations, including a plan on how to handle flowback water;
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Submit a Subsequent Report Sundry Notice after fracturing operations that includes, among a number of items, the disclosure of the chemicals used in the fracturing operations; and,
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Isolate all usable water and other fracturing fluids to prevent future contamination.
Though limited to federal and Indian lands, this is the first significant water-related foray into federal regulation of fracking and contains several important clues about the future of water-related fracking regulations. While EPA’s study on fracking’s impact on drinking water isn’t expected until the end of the year, BLM’s proposed chemical reporting rules and drinking water isolation requirements may be clues to EPA’s approach. For example, will EPA adopt the same flexibility for storage of flowback liquids as BLM did? It may be too early to say, but this proposed rule is a clear sign that any entity involved in the management of flowback water - not just well operators - is entering a new world of regulatory challenges that requires proactive management.
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Troutman Sanders LLP and its public affairs partner, Troutman Sanders Strategies, have developed a joint Fracking Team to assist clients with water interests in managing the risks of this new regulatory paradigm, with a particular focus on water issues. Led by Troutman Sanders environmental partner Doug Henderson, this team works with clients to manage the legal, regulatory, and policy risks associated with the use and disposal of water in fracking.
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