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View Diary: Fact Checking Josh Fox/Gasland #2; Oil/Gas Industry NOT Exempt from Clean Air/Clean Water Acts (133 comments)

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  •  That piece was written very carefully (0+ / 0-)

    to ignore the fact that hydrogen sulfide has long been regulated under the Clean Air Act as a new source review related pollutant since the 1970s for all industrial sources, not just the oil and gas industry.

    That oil and gas facilities are exempted from aggregation under for hazardous air pollutant source permitting purposes, does not mean that equipment like drilling pad process equipment are exempt from the jurisdiction of the Clean Air Act and other very specifically directly and  relevant permitting requirements under state implementation plans across the United States.

    Nothing at all in that piece supports claims by Fox/Gasland that there is a general exemption of the oil and gas industry from the Clean Air Act.   Saying anything like that is garbage, although it is widely believed in the environmental movement without any basis at all in fact or law.

    Finally, nothing in that piece is a defense or claim that disputes my claim that there is no exemption for the oil and gas industry from requirements for a permit for surface water discharge to waters of the United States for hydraulic fracturing fluid and produced process wastewater.

    It is longstanding Clean Water Act law from 1972 to the present that any discharge from an oil and gas facility to surface waters of the United States without a national pollution discharge elimination system permit is a serious violation of the Clean Water Act punishable by both civil and criminal penalties of many thousands of dollars per day of violation.

    •  Your reply is very carefully written (0+ / 0-)

      as is your diary and all your replies but the fact still remains that the o&g industry has exemptions from key provisions in our bedrock environmental laws.

      Your arguments are much to do about semantics. So what? The end results are still the same--they have exemptions and you admit that.

      H2S is a hazardous air pollutant yet it is not listed as a hazardous air pollutant as defined in Title III, section 112(b) of the 1990 Clean Air Act Amendments (CAA). It should be. It's damn sure hazardous!

      Because o&g facilities are not aggregated, it allows industry to cluster many facilities together, as they did in Dish, Texas, and the sources are not aggregated.  CAA § 112(n)(4) currently prohibits the aggregation of emissions from "any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station."

      Our drinking water whether above or below ground needs to be fully regulated and protected from the chemicals used in fracking. Currently it's not.

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