The Obama administration has completed its review of the Coast Guard’s pre-rule on the bulk transport of wastewater from hydraulic fracturing operations. The pre-rule itself has not been released, but its title (“Carriage of Conditionally Permitted Shale Gas Extraction Waste Water in Bulk”) is the same as that of a policy letter published by the Coast Guard in October 2013 and never finalized. That letter suggested a structure for permitting the bulk transport of shale gas production wastewater by barge owners. During its nine-month review, which began on May 14, 2015, no outside entities met with the Office of Management and Budget to discuss the pre-rule. However, the 2013 policy letter received more than 1,000 public comments, many adamantly opposed to the proposed regulatory regime.

With assistance from Andrew McNamee

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