Marc Karell
While the focus of the environmental controversy concerning hydraulic fracturing (“fracking”) has been contamination of aquifers and other water supplies, a recent U. of Colorado study indicates that a much bigger health risk may be air emissions from fracking, such as high levels of air toxic, VOC, and methane emissions. With this in mind, the USEPA promulgated new final rules regulating air emissions from fracking and other production methods of natural gas on April 17, 2012. The rule is really 4 rules, 2 New Source Performance Standards and 2 NESHAP (air toxic) Residual Risk rules for the oil & gas sector. See: http://www.epa.gov/airquality/oilandgas/pdfs/20120417finalrule.pdf Summary:http://www.epa.gov/airquality/oilandgas/
On the effective day of the rule (60 days after it will be published in the Federal Register), VOC emissions from all fracked wells will need to be flared during the well completion period. By Jan. 1, 2015, all natural gas fracking operators will be required to capture exhaust from gas wells, centrifugal compressors, reciprocating compressors, pneumatic controllers, glycol dehydrators, sweetening units, and storage vessels using reduced emission completion (“REC”) equipment (also known as “green completion” equipment). REC equipment allows operators to capture natural gas normally escaping from wells or other equipment which can be used for greater sales. The USEPA estimates that these requirements will enable the industry to net an additional $11 to $19 million per year. In capturing these gases, emissions of VOCs, NOx, and air toxics, known carcinogens, such as benzene and hexane, from a fracking operation would be drastically lowered, by as much as 95%, the USEPA estimates. The USEPA is allowing the delay of REC required usage until 2015 because there is believed to be insufficient quantity of REC equipment available for all fracking operations nationally. Low pressure and research wells are exempted from these provisions.
The new rules also contain reporting requirements. For example, operators must notify the USEPA and/or state/local air agencies at least 2 days before well completion work begins. Well operators must also submit annual reports detailing all well completions for the prior year. The reports must be certified by a company Responsible Official.
CCES can help you assess your compliance status vis-à-vis new or existing federal and state air quality rules. We can devise multiple, cost-effective options for compliance. We can devise compliance systems to integrate with your current systems to reliably monitor your compliance status in the future.
New York League of Conservation Voters reports. DEC Commissioner Joe Martens says his agency plans on releasing a Supplemental Generic Environmental Impact Statement on Hydrofracking this summer. Read 
