Environmental Protections Rolled Back as Western Drilling Surges
Free Pass for Oil and Gas: References
Amerada Hess Corporation (Hess). 1998. Material Safety Data Sheet, Natural Gas Condensate (sweet), August 11, 1998. Accessed online March 15, 2009 at http://www.hess.com/ehs/msds/Nat_Gas_Cond_Sweet_15017_clr.pdf.
Bryan, Susan Montoya (Bryan). 2009. Anglers Concerned about Famous NM Fishing Spot, Associated Press, February 22, 2009.
Brunt, Cheryl. Gov. Aims To Modify Pit Rules; Industry: Strict Laws Drive Drillers Away, Albuquerque Journal, February 19, 2009 at C1.
Bureau of Land Management (BLM Budget). 2009. BLM FY 2009 Budget Justifications, p. III-184. Accessed online March 25, 2009 at http://www.doi.gov/budget/2009/data/greenbook/FY2009_BLM_Greenbook.pdf.
Burnett, D.B. and Vavra, C.J. 2006. Desalination of Oil Field Brine, Presentation for “The Future of Desalination in Texas,” Global Petroleum Research Institute, Texas A&M University, College Station, Texas, August 6-8, 2006. Accessed online March 15, 2009 at http://www.pe.tamu.edu/gpri-new/home/BrineDesal/MembraneDesalWksp8-06.htm.
Carrillo, Victor (IOGCC Carrillo). 2005. Testimony submitted to the House Committee on Energy and Commerce by Victor Carrillo, Chairman, Texas Railroad Commission Representing the Interstate Oil and Gas Compact Commission, February 10, 2005. Accessed online June 4, 2005 at http://www.rrc.state.tx.us/commissioners/carrillo/press/ energytestimony.html.
Clean Air Act (Clean Air Act). 2008. See 42 USC 7412 (a)(1-2) (defining “major source” and “area source”) and 42 USC 7412 (n)(4) (largely exempting oil and gas operations from both definitions).
Clean Water Act (Clean Water Act). 2008. 33 USC 1342 (l)(2) (exempting stormwater runoff from oil, gas, and mining operations from permit requirement) and 33 USC 1362 (24) (defining “oil and gas exploration, production, processing, or treatment operations or transmission facilities” to mean virtually every activity associated with oil and gas drilling).
Code of Federal Regulations (CFR CX). 2008. 40 § 1508.4 (2008).
Colorado Oil and Gas Conservation Commission (COGCC). 2008. Amended Rules, Section 205. Accessed online March 25, 2009 at http://cogcc.state.co.us/.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 2008. 42 USC 9601 (14) (2008).
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Earthworks (Earthworks). 2008. New Mexico Victory on Pit Rule. Accessed online March 16, 2009 at http://www.earthworksaction.org/NMPITRULE.cfm.
Emergency Planning and Community Right to Know Act (EPCRA). 2008. 40 CFR 372.23 (2008) (providing that industries classified by certain Standard Industrial Classification (SIC) Codes must adhere to reporting requirements as provided in 42 USCS 11023. "Major Group 13: Oil and Gas Extraction" is not one of the SIC groups included. See U.S. Department of Labor, Occupational Safety and Health Administration, Major Group 13: Oil and Gas Extraction, accessed online May 28, 2008 at http://www.osha.gov/pls/imis/sic_manual.display?id=8&tab=group.
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Hanel, Joe. 2008. Nurse Sick After Aiding Gas Worker; Driller Refuses to Disclose Chemicals that Would Have Helped Treatment, The Durango Herald, July 17, 2008.
IHS (IHS). 2009. PI/Dwights Plus Energy Well Data, Rocky Mountain, Volume 19, Issue 1, Released January 1, 2009.
LEAF v. EPA (LEAF v. EPA). 1997. 118 F.3d 1467 (11th Cir. 1997).
Lustgarten, Abrahm (2008). Buried Secrets: Is Natural Gas Drilling Endangering U.S. Water Supplies? ProPublica, Published on the front page of the Denver Post November 17, 2008.
Mall, Amy et al (Mall et al.). 2007. Drilling Down: Protecting Western Communities from the Health and Environmental Effects of Oil and Gas Production, Natural Resources Defense Council, 2008. Accessed online March 18, 2009 at http://www.nrdc.org/land/use/down/contents.asp.
National Environmental Policy Act (NEPA). 2009. 42 USC 15942 (2009).
National Response Center (NRS). 2008. Accessed online March 18, 2009 at http://www.nrc.uscg.mil/download.html.
New Mexico Oil Conservation Division (NMOCD Groundwater). 200X. Generalized Record of Groundwater Impact Sites. Accessed online March 12, 2009 at http://www.emnrd.state.nm.us/ocd/documents/rptGeneralizedGWImpact_000.pdf.
New Mexico Oil Conservation Division (NMOCD Wells). 2008. Spreadsheets of Well Information – Go-Tech Site. Accessed online March 15, 2009 at http://www.emnrd.state.nm.us/OCD/Statistics.htm (the site is maintained by Go-Tech at http://octane.nmt.edu/gotech/Petroleum_Data/allwells.aspx).
New Mexico Oil Conservation Division (NMOCD Pit Testing). 2007. OCD’s 2007 Pit Sampling Program: What’s in that Pit? Accessed online March 16, 2009 at www.earthworksaction.org/pubs/15vonpitsamplingpgm.pdf.
New Mexico Pit Rule (New Mexico Pit Rule). 2008. N.M. Admin. Code tit. 19, ch. 15, pt. 17 (2008).
Oil and Gas Accountability Project (OGAP Exemptions). 2008. The Oil and Gas Industry’s Exclusions and Exemptions to Major Environmental Statutes. Accessed online March 17, 2009 at http://www.earthworksaction.org/oil_and_gas.cfm.
Prukop, Joanna (Prukop). 2008. Drilling Rules Tough but Fair, Albuquerque Journal, December 3, 2008.
Resource Conservation and Recovery Act (RCRA USC). 2008. 42 USC 6921, 6922 (2008).
Resource Conservation and Recovery Act (RCRA History). 2008. See generally Pub. L. 94-580, Resource Conservation and Recovery Act of 1976 (codified at 42 USC 6901 et seq.). See 42 USC 6903 (5) (2008) (defining hazardous waste), 43 FR 58946 (Dec. 18, 1978) (proposing standards for managing hazardous waste under Subtitle C of RCRA including a deferral of hazardous waste requirements for six categories of waste—which EPA termed “special wastes”—until further study and assessment could be completed to determine their risk to human health and the environment; one of the categories was “oil and gas drilling muds and oil production brines”), Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482 §3001(b)(2)(A)) (exempting drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas or geothermal energy from regulation under Subtitle C of RCRA until further study and assessment of risk could be performed), 53 FR 25447 (July 6, 1988) (agreeing with Congress’ decision to exempt oil field wastes and explaining which wastes are exempted); 53 FR 15284 (Mar. 22, 1993) (clarifying that “a simple rule of thumb for determining the scope of the exemption is whether the waste in question has come from down-hole (i.e., brought to the surface during oil and gas E&P operations) or has otherwise been generated by contact with the oil and gas production stream during the removal of produced water or other contaminants from the product (e.g., waste demulsifiers, spent iron sponge). If the answer to either question is yes, the waste is most likely considered exempt.”)).
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Safe Drinking Water Act (SDWA). 1974. 93 P.L. 523, December 16, 1974.
Safe Drinking Water Ac (SDWA Exemption). 2005. Pub. L. No. 109-58 (codified at 42 USC 300h (d)(1)(B)(ii) (2008)).
Schein, Gary (Schein). 2008. Hydraulic Fracturing in Gas Shale Plays – Are They all the Same? Presentation at Barnett Shale Breakfast Symposium, February 29, 2008. Accessed online March 15, 2009 at http://www.barnettshalenews.com/studies.htm.
Toxics Release Inventory (TRI CFR Threshold). 2008. 40 CFR 372.27 (2008).
U.S. Environmental Protection Agency (EPA). 2008. Consumer Factsheet on Benzene. Accessed online March 13, 2009 at http://www.epa.gov/safewater/dwh/c-voc/benzene.html.
U.S. Environmental Protection Agency (EPA Fracturing Final). 2004. Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs, Final, June 2004. Accessed online March 13, 2009 at http://www.epa.gov/safewater/uic/wells_coalbedmethanestudy.html (see p. 1-3 commenting that EPA had not considered hydraulic fracturing to be covered by the Safe Drinking Water Act prior to the 11th Circuit Court of Appeals holding in 1997).
U.S. Environmental Protection Agency (EPA Fracturing Draft). 2002. Draft Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs, August 2002 (see p. 3-4 quoting a Department of Energy Report that Pan American Petroleum Corporation first used hydraulic fracturing on a well in Grant County, Kansas in 1947).
U.S. Environmental Protection Agency (EPA FR). 1988. 53 FR 25447 (July 6, 1988) (reporting that “to determine the types and severity of damages caused by crude oil and natural gas wastes, EPA assembled information on a substantial number of damage cases…the major categories of wastes responsible for damages include reserve pit wastes, fracturing and acidizing fluids….”).
U.S. Environmental Protection Agency (EPA O&G). 2000. Profile of the Oil and Gas Extraction Industry, EPA Office of Compliance Sector Notebook Project, October 2000, pp. 37-42. Accessed online March 16, 2000 at http://www.epa.gov/compliance/resources/publications/assistance/sectors/notebooks/oil.html.
U.S. Environmental Protection Agency (EPA NPDES). 2006. Amendments to the NPDES Regulations for Storm Water Discharges Associated with Oil and Gas Exploration, Production, Processing, or Treatment Operations, or Transmission Facilities, Final Rule Published June 12, 2006, Questions and Answers August 2006. Accessed online March 17, 2009 at http://www.epa.gov/npdes/regulations/final_rule_QA.pdf.
U.S. Environmental Protection Agency (EPA NEPA). 2008. Summary of the National Environmental Policy Act. Accessed online March 18, 2009 at http://www.epa.gov/regulations/laws/nepa.html.
Water & Wastewater News. 2006. Proposed Rule Would Exempt Oil, Gas Development from CWA Permits, January 1, 2006. Accessed online March 17, 2009 at http://wwn-online.com/articles/51295/.