Stakeholders awaiting a rulemaking governing hydraulic fracturing (fracking) practices on federal and Indian lands from the Department of the Interior’s Bureau of Land Management (BLM) will have to wait a while longer for a final rule. On May 16, BLM released a revised version of its May 2012 proposed rule, “Oil and Gas; Well Stimulation, Including Hydraulic Fracturing, on Federal and Indian Lands,” to solicit additional stakeholder comment before issuing a final regulation. According to BLM’s press release, the revised proposal “maintains the three main components of the initial proposal: requiring operators to disclose the chemicals they use in fracturing activities on public lands; improving assurances of well-bore integrity to verify that fluids used during fracturing operations are not contaminating groundwater; and confirming that oil and gas operators have a water management plan in place for handling fluids that flow back to the surface.”
The revised proposal maintains a middle ground to fracking oversight that is sure to elicit further reaction and comment from interested stakeholder groups. The initial reaction from environmental groups is that the measures, particularly those on disclosure and water monitoring requirements, are not adequately protective of public health and the environment. On the other hand, oil and gas stakeholders argue that the proposed measures are not adequately deferential to state oversight authorities.
BLM will accept comments on the revised proposal for 30 days, adding to the more than 177,000 comments received on the initial proposal. A final regulation is expected to follow after considering this round of public comments, though the target date for finalization is uncertain.