EPA Wants to Look at Full Lifecycle of Fracking in New Study – Gas industry not happy

by Nicholas Kusnetz

ProPublica, Feb. 9, 2011, 2:32 p.m

The EPA has proposed examining every aspect of hydraulic fracturing, from water withdrawals to waste disposal, according to a draft plan the agency released Tuesday. If the study goes forward as planned, it would be the most comprehensive investigation of whether the drilling technique risks polluting drinking water near oil and gas wells across the nation.

The agency wants to look at the potential impacts on drinking water of each stage involved in hydraulic fracturing, where drillers mix water with chemicals and sand and inject the fluid into wells to release oil or natural gas. In addition to examining the actual injection, the study would look at withdrawals, the mixing of the chemicals, and wastewater management and disposal. The agency, under a mandate from Congress, will only look at the impact of these practices on drinking water.

The agency’s scientific advisory board will review the draft plan on March 7-8 and will allow for public comments then. The EPA will consider any recommendations from the board and then begin the study promptly, it said in a news release. A preliminary report should be ready by the end of next year, the release said, with a full report expected in 2014.

A statement from the oil and gas industry group Energy in Depth gave a lukewarm assessment of the draft. “Our guys are and will continue to be supportive of a study approach that’s based on the science, true to its original intent and scope,” the statement read. “But at first blush, this document doesn’t appear to definitively say whether it’s an approach EPA will ultimately take.”

The study, announced in March, comes amid rising public concern about the safety of fracking, as ProPublica has been reporting for years. While it remains unclear whether the actual fracturing process has contaminated drinking water, there have been more than 1,000 reports around the country of contamination related to drilling, as we reported in 2008. In September 2010, the EPAwarned residents of a Wyoming town not to drink their well water and to use fans while showering to avoid the risk of explosion. Investigators found methane and other chemicals associated with drilling in the water, but they had not determined the cause of the contamination.

Drillers have been fracking wells for decades, but with the rise of horizontal drilling into unconventional formations like shale, they are injecting far more water and chemicals underground than ever before. The EPA proposal notes that 603 rigs were drilling horizontal wells in June 2010, more than twice as many as were operating a year earlier. Horizontal wells can require millions of gallons of water per well, a much greater volume than in conventional wells.

One point of contention is the breadth of the study. Chris Tucker, a spokesman for Energy in Depth, said he understands the need to address any stage of the fracking that might affect drinking water, but he’s skeptical that water withdrawals meet the criteria. “The only way you can argue that issues related to water demand are relevant to that question is if you believe the fracturing process requires such a high volume of water that its very execution threatens the general availability of the potable sources,” he wrote in an e-mail.

The EPA proposal estimates that fracking uses 70 to 140 billion gallons of water annually, or about the same amount used by one or two cities of 2.5 million people. In the Barnett Shale, in Texas, the agency estimates fracking for gas drilling consumes nearly 2 percent of all the water used in the area.

The EPA proposes using two or three “prospective” case studies to follow the course of drilling and fracking wells from beginning to end. It would also look at three to five places where drilling has reportedly contaminated water, including two potential sites in Pennsylvania’s Marcellus Shale, and one site each in Texas, Colorado and North Dakota….

To read this article in full online, view the photos, videos, sidebar topics and access the links within it, click here:

http://www.propublica.org/article/epa-wants-to-look-at-full-lifecycle-of-fracking-in-new-study

Oil and Gas Companies Illegally Using Diesel in Fracking

By Adam Federman, Earth Island Journal

Posted on February 1, 2011

The 2005 Bush-Cheney Energy Policy Act famously exempted hydraulic fracturing from the Safe Drinking Water Act. But it made one small exception: diesel fuel. The Policy Act states that the term “underground injection,” as it relates to the Safe Drinking Water Act, “excludes the underground injection of fluids or propping agents (other than diesel) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities [italics added by author].” But a congressional investigation has found that oil and gas service companies used tens of millions of gallons of diesel fuel in fracking operations between 2005 and 2009, thus violating the Safe Drinking Water Act. Hydraulic fracturing is a method of drilling that injects large volumes of water, chemicals, and sand underground at high pressure to break open rock formations and release stores of natural gas. In some cases, however, water based fluids are less effective and diesel fuel or other hydrocarbons may be used.

In a letter to EPA Administrator Lisa Jackson, the congressional committee noted that between 2005 and 2009, “oil and gas service companies injected 32.2 million gallons of diesel fuel or hydraulic fracturing fluids containing diesel fuel in wells in 19 states.” None of the companies sought or received permits to do so. “This appears to be a violation of the Safe Drinking Water Act,” the letter states. “It also means that the companies injecting diesel fuel have not performed the environmental reviews required by the law.”

Moreover, because the necessary environmental reviews were circumvented, the companies were unable to provide data on whether they had used diesel in fracking operations in or near underground sources of drinking water. Diesel fuel contains a number of toxic constituents including benzene, toluene, ethylbenzene, and xylene, which have been linked to cancer and other health problems.

In the last few years, shale gas extraction has increased exponentially, raising fears that drinking water wells and underground aquifers may be at risk. It has become a particularly sensitive issue in the northeast’s Marcellus Shale, which underlies parts of Ohio, West Virginia, Pennsylvania, and New York. Later this month the Delaware River Basin Commission will hold public hearings on drilling in the watershed—a source of drinking water for more than 15 million people.

The EPA is currently conducting its own study of the impact of hydraulic fracturing on drinking water supplies due out in late 2012. But will companies that have violated the Safe Drinking Water Act since 2005 be held accountable?

Matt Armstrong, a lawyer with the Washington firm Bracewell & Giuliani, which represents several oil and gas companies, told the New York Times, “Everyone understands that E.P.A. is at least interested in regulating fracking.” But: “Whether the E.P.A. has the chutzpah to try to impose retroactive liability for use of diesel in fracking, well, everyone is in a wait-and-see mode. I suspect it will have a significant fight on its hands if it tried it do that.”

To read this article online, click here:

http://www.alternet.org/story/149760/oil_and_gas_companies_illegally_using_diesel_in_fracking_

To read the New York Times coverage of this issue, click here: http://www.nytimes.com/2011/02/01/business/energy-environment/01gas.html

To read the Energy policy Act, click here: http://www.epa.gov/oust/fedlaws/publ_109-058.pdf

To read the letter from the Congressional Committee to EPA Administrator Jackson, click here: http://democrats.energycommerce.house.gov/index.php?q=news/waxman-markey-and-degette-investigation-finds-continued-use-of-diesel-in-hydraulic-fracturing-f

NOTE: The letter states, “In 2003, EPA signed a memorandum of agreement with the three largest providers of hydraulic fracturing to eliminate the use of diesel fuel in coalbed methane formations in underground sources of drinking water. Two years later, Congress exempted hydraulic fracturing from the Safe Drinking Water Act except when the fracturing fluids contain diesel. As a result, many assumed that the industry stopped using diesel fuel altogether in hydraulic fracturing…

According to EPA, any company that performs hydraulic fracturing using diesel fuel must receive a permit under the Safe Drinking Water Act. We learned that no oil and gas service companies have sought—and no state and federal regulators have issued—permits for diesel fuel use in hydraulic fracturing…

In a 2004 report, EPA stated that the ‘use of diesel fuel in fracturing fluids poses the greatest threat’ to underground sources of drinking water….

In 2005, Congress passed the Energy Policy Act, which contained a provision addressing the application of Safe Drinking Water Act (SDWA) to hydraulic fracturing. Congress modified the definition of ‘underground injection to exclude’ ‘the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas… The effect of this law is to exempt hydraulic fracturing from the underground injection control (UIC) permit requirements unless the fluid being injected is diesel fuel. As EPA states on its website: While the SDWA specifically excludes hydraulic fracturing from UIC regulation … the use of diesel fuel during hydraulic fracturing is still regulated by the UIC program. Any service company that performs hydraulic fracturing using diesel fuel must receive prior authorization from the UIC program….

EPA’s Public Meeting on Hydraulic Fracturing

EPA’s Public Meeting on Hydraulic Fracturing Study to Take Place in Binghamton, New York; Meeting Scheduled for September 13 and 15 at the Broome County Forum Theater

Release date: 08/31/2010

Contact Information: John Senn, (212) 637-3667, senn.john@epa.gov

New York, NY – The U.S. Environmental Protection Agency has selected a new venue and dates for the public meeting on EPA’s upcoming hydraulic fracturing study originally scheduled for August 12, 2010. The meeting will now be held at the Broome County Forum Theater in Binghamton, New York, on September 13th and 15th, 2010.

Meeting Information:
EPA will hold four identical sessions during a two day session at the same location:

Date: Monday, September 13, 2010
Location: Broome County Forum Theater, 236 Washington St., Binghamton
Time:

  • 12:00pm – 4:00pm (pre-registration begins at 10:30am)
  • 6:00pm – 10:00pm (pre-registration begins at 4:30pm)

Date: Wednesday, September 15, 2010
Location: Broome County Forum Theater, 236 Washington St., Binghamton
Time:

  • 12:00pm – 4:00pm (pre-registration begins at 10:30am)
  • 6:00pm – 10:00pm (pre-registration begins at 4:30pm)
Transition from the Postponed August 12 Meeting
The four sessions scheduled for September 13 and 15, 2010 will be identical to those already convened in Dallas, Texas; Denver, Colorado; and Canonsburg, Pennsylvania. The agenda will match that of the meetings previously scheduled for August 12. As with all previous meetings, EPA will make a short presentation at the beginning of each session and registered speakers will then have the opportunity to provide verbal or written comments directly to EPA.

All individuals who pre-registered for the August 12 meetings will retain their registration for the September 13 and 15 meetings. Because the timing of the sessions has changed from a one-day event to a two-day event and EPA has added another meeting session, EPA needs pre-registered individuals to specify the session they would like to attend.

  1. Pre-registered speakers for the August 12 session will be sent an e-mail from the Cadmus Group requesting they select one preferred session in which to provide verbal comment. The email notification will provide instructions on how to choose a session. Speakers who pre-registered using the telephone registration will be contacted by Cadmus by phone to confirm their preferred session.
  2. Pre-registered attendees (those who opted not to give verbal comment) will be asked to indicate the session they would like to attend via the registration website. The registration website is located at http://hfmeeting.cadmusweb.com and will open beginning at 9:00 am on Friday, September 3, 2010…….
For additional questions or comments, please email hydraulic.fracturing@epa.gov or call 1-866-477-3635. Meeting information may be found on the EPA Hydraulic Fracturing Study website athttp://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/wells_hydroout.cfm……

EPA to Hold Public Meeting on Hydraulic Fracturing

EPA to Hold Public Meeting on Hydraulic Fracturing Research Study In
Canonsburg July 22*

(*PHILADELPHIA** *- July 8, 2010) The U.S. Environmental Protection Agency
is hosting an informational public meeting
in Canonsburg, Washington County, Pa. about its proposed study of the
relationship between hydraulic fracturing and potential impacts on drinking
water.

The meeting will be held from 6-10 p.m., July 22, at the Hilton Garden Inn
in Canonsburg to provide information about the scope and design of the
proposed study, and give the public an opportunity provide input and comment
on the draft study plan.

 Hydraulic fracturing is a process used for extracting natural gas or oil
from shale and other geological formations. By pumping fracturing fluids
(water and chemical additives) and sand or other similar materials into rock
formations, fractures are created that allow natural gas or oil to flow from
the rock – through the fractures – to a production well for extraction.

In March 2010, EPA announced that it will study the potential adverse impact
that hydraulic fracturing may have on drinking water.  In developing the
study, EPA is holding a series of meetings to receive public input about
specific drinking water, human health or environmental concerns that need to
be factored into the study.

To support the planning and development of the study, the agency sought
suggestions and comments from the EPA Science Advisory Board (SAB), an
independent, external federal advisory committee. The agency will use this
advice, as well as extensive public input in designing the study.

EPA requests that citizens who are interested in attending to *pre-register
by Monday, July 19.* EPA will also hold meetings about the study on, July 8
in Fort Worth, Texas; July 13 in Denver, Colo.; and, August 12
in Binghamton, N.Y.

Call 1-866-477-3635 toll free to register.  Or register on-line at:
http://hfmeeting.cadmusweb.com.

Those wishing to contribute comments to EPA regarding the proposed hydraulic
fracturing research study may also submit electronic comments to EPA at
hydraulic.fractur@epa.gov ; or send written comments to:

Jill Dean

U.S. Environmental Protection Agency

1200 Pennsylvania Ave. NW, Mail code 4606M,

Washington, DC  20460.

CHESAPEAKE BAY PROTECTION AND RESTORATION

If you live in PA and are not aware of it…most of Eastern PA all the way up to New York is part of the Chesapeake Bay Watershed.
THE WHITE HOUSE
Office of the Press Secretary______________________________________________
For Immediate Release             May 12, 2009

EXECUTIVE ORDER- – – – – – -

CHESAPEAKE BAY PROTECTION AND RESTORATION

By the authority vested in me as President by the Constitution and the laws of the United States of America and in furtherance of the purposes of the Clean Water Act of 1972, as amended (33 U.S.C. 1251 et seq.), and other laws, and to protect and restore the health, heritage, natural resources, and social and economic value of the Nation’s largest estuarine ecosystem and the natural sustainability of its watershed, it is hereby ordered as follows:
PART 1 – PREAMBLE
The Chesapeake Bay is a national treasure constituting the largest estuary in the United States and one of the largest and most biologically productive estuaries in the world. The Federal Government has nationally significant assets in the Chesapeake Bay and its watershed in the form of public lands, facilities, military installations, parks, forests, wildlife refuges, monuments, and museums.
Despite significant efforts by Federal, State, and local governments and other interested parties, water pollution in the Chesapeake Bay prevents the attainment of existing State water quality standards and the “fishable and swimmable” goals of the Clean Water Act. At the current level and scope of pollution control within the Chesapeake Bay’s watershed, restoration of the Chesapeake Bay is not expected for many years. The pollutants that are largely responsible for pollution of the Chesapeake Bay are nutrients, in the form of nitrogen and phosphorus, and sediment. These pollutants come from many sources, including sewage treatment plants, city streets, development sites, agricultural operations, and deposition from the air onto the waters of the Chesapeake Bay and the lands of the watershed.Restoration of the health of the Chesapeake Bay will require a renewed commitment to controlling pollution from all sources as well as protecting and restoring habitat and living resources, conserving lands, and improving management of natural resources, all of which contribute to improved water quality and ecosystem health. The Federal Government should lead this effort. Executive departments and agencies (agencies), working in collaboration, can use their expertise and resources to contribute significantly to improving the health of the Chesapeake Bay. Progress in restoring the Chesapeake Bay also

will depend on the support of State and local governments, the enterprise of the private sector, and the stewardship provided to the Chesapeake Bay by all the people who make this region their home.
PART 2 – SHARED FEDERAL LEADERSHIP, PLANNING, AND ACCOUNTABILITY
Sec. 201. Federal Leadership Committee. In order to begin a new era of shared Federal leadership with respect to the protection and restoration of the Chesapeake Bay, a Federal Leadership Committee (Committee) for the Chesapeake Bay is established to oversee the development and coordination of programs and activities, including data management and reporting, of agencies participating in protection and restoration of the Chesapeake Bay. The Committee shall manage the development of strategies and program plans for the watershed and ecosystem of the Chesapeake Bay and oversee their implementation. The Committee shall be chaired by the Administrator of the Environmental Protection Agency (EPA), or the Administrator’s designee, and include senior representatives of the Departments of Agriculture (USDA), Commerce (DOC), Defense (DOD), Homeland Security (DHS), the Interior (DOI), Transportation (DOT), and such other agencies as determined by the Committee. Representatives serving on the Committee shall be officers of the United States.
Sec. 202. Reports on Key Challenges to Protecting and Restoring the Chesapeake Bay. Within 120 days from the date of this order, the agencies identified in this section as the lead agencies shall prepare and submit draft reports to the Committee making recommendations for accomplishing the following steps to protect and restore the Chesapeake Bay:
(a) define the next generation of tools and actions to restore water quality in the Chesapeake Bay and describe the changes to be made to regulations, programs, and policies to implement these actions;
(b) target resources to better protect the Chesapeake Bay and its tributary waters, including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws;
(c) strengthen storm water management practices at Federal facilities and on Federal lands within the Chesapeake Bay watershed and develop storm water best practices guidance;
(d) assess the impacts of a changing climate on the Chesapeake Bay and develop a strategy for adapting natural resource programs and public infrastructure to the impacts of a changing climate on water quality and living resources of the Chesapeake Bay watershed;
(e) expand public access to waters and open spaces of the Chesapeake Bay and its tributaries from Federal lands and conserve landscapes and ecosystems of the Chesapeake Bay watershed;
(f) strengthen scientific support for decisionmaking to restore the Chesapeake Bay and its watershed, including expanded environmental research and monitoring and observing systems; and
(g) develop focused and coordinated habitat and research activities that protect and restore living resources and water quality of the Chesapeake Bay and its watershed.
The EPA shall be the lead agency for subsection (a) of this section and the development of the storm water best practices guide under subsection (c). The USDA shall be the lead agency for subsection (b). The DOD shall lead on storm water management practices at Federal facilities and on Federal lands under subsection (c). The DOI and the DOC shall share the lead on subsections (d), (f), and (g), and the DOI shall be lead on subsection (e). The lead agencies shall provide final reports to the Committee within 180 days of the date of this order.
Sec. 203. Strategy for Protecting and Restoring the Chesapeake Bay. The Committee shall prepare and publish a strategy for coordinated implementation of existing programs and projects to guide efforts to protect and restore the Chesapeake Bay. The strategy shall, to the extent permitted by law:
(a) define environmental goals for the Chesapeake Bay and describe milestones for making progress toward attainment of these goals;
(b) identify key measureable indicators of environmental condition and changes that are critical to effective Federal leadership;
(c) describe the specific programs and strategies to be implemented, including the programs and strategies described in draft reports developed under section 202 of this order;
(d) identify the mechanisms that will assure that governmental and other activities, including data collection and distribution, are coordinated and effective, relying on existing mechanisms where appropriate; and
(e) describe a process for the implementation of adaptive management principles, including a periodic evaluation of protection and restoration activities.
The Committee shall review the draft reports submitted by lead agencies under section 202 of this order and, in consultation with relevant State agencies, suggest appropriate revisions to the agency that provided the draft report. It shall then integrate these reports into a coordinated strategy for restoration and protection of the Chesapeake Bay consistent with the requirements of this order. Together with the final reports prepared by the lead agencies, the draft strategy shall be published for public review and comment within 180 days of the date of this order and a final strategy shall be published within 1 year. To the extent practicable and authorized under their existing authorities, agencies may begin implementing core elements of restoration and protection programs and strategies,
in consultation with the Committee, as soon as possible and prior to release of a final strategy.
Sec. 204. Collaboration with State Partners. In preparing the reports under section 202 and the strategy under section 203, the lead agencies and the Committee shall consult extensively with the States of Virginia, Maryland, Pennsylvania, West Virginia, New York, and Delaware and the District of Columbia. The goal of this consultation is to ensure that Federal actions to protect and restore the Chesapeake Bay are closely coordinated with actions by State and local agencies in the watershed and that the resources, authorities, and expertise of Federal, State, and local agencies are used as efficiently as possible for the benefit of the Chesapeake Bay’s water quality and ecosystem and habitat health and viability.
Sec. 205. Annual Action Plan and Progress Report. Beginning in 2010, the Committee shall publish an annual Chesapeake Bay Action Plan (Action Plan) describing how Federal funding proposed in the President’s Budget will be used to protect and restore the Chesapeake Bay during the upcoming fiscal year. This plan will be accompanied by an Annual Progress Report reviewing indicators of environmental conditions in the Chesapeake Bay, assessing implementation of the Action Plan during the preceding fiscal year, and recommending steps to improve progress in restoring and protecting the Chesapeake Bay. The Committee shall consult with stakeholders (including relevant State agencies) and members of the public in developing the Action Plan and Annual Progress Report.
Sec. 206. Strengthen Accountability. The Committee, in collaboration with State agencies, shall ensure that an independent evaluator periodically reports to the Committee on progress toward meeting the goals of this order. The Committee shall ensure that all program evaluation reports, including data on practice or system implementation and maintenance funded through agency programs, as appropriate, are made available to the public by posting on a website maintained by the Chair of the Committee.
PART 3 – RESTORE CHESAPEAKE BAY WATER QUALITY
Sec. 301. Water Pollution Control Strategies. In preparing the report required by subsection 202(a) of this order, the Administrator of the EPA (Administrator) shall, after consulting with appropriate State agencies, examine how to make full use of its authorities under the Clean Water Act to protect and restore the Chesapeake Bay and its tributary waters and, as appropriate, shall consider revising any guidance and regulations. The Administrator shall identify pollution control strategies and actions authorized by the EPA’s existing authorities to restore the Chesapeake Bay that:
(a) establish a clear path to meeting, as expeditiously as practicable, water quality and environmental restoration goals for the Chesapeake Bay;
(b) are based on sound science and reflect adaptive management principles;
(c) are performance oriented and publicly accountable;
(d) apply innovative and cost-effective pollution control measures;
(e) can be replicated in efforts to protect other bodies of water, where appropriate; and
(f) build on the strengths and expertise of Federal, State, and local governments, the private sector, and citizen organizations.
Sec. 302. Elements of EPA Reports. The strategies and actions identified by the Administrator of the EPA in preparing the report under subsection 202(a) shall include, to the extent permitted by law:
(a) using Clean Water Act tools, including strengthening existing permit programs and extending coverage where appropriate;
(b) establishing new, minimum standards of performance where appropriate, including:
(i) establishing a schedule for the implementation of key actions in cooperation with States, local governments, and others;
(ii) constructing watershed-based frameworks that assign pollution reduction responsibilities to pollution sources and maximize the reliability and cost-effectiveness of pollution reduction programs; and
(iii) implementing a compliance and enforcement strategy.
PART 4 – AGRICULTURAL PRACTICES TO PROTECT THE CHESAPEAKE BAY
Sec. 401. In developing recommendations for focusing resources to protect the Chesapeake Bay in the report required by subsection 202(b) of this order, the Secretary of Agriculture shall, as appropriate, concentrate the USDA’s working lands and land retirement programs within priority watersheds in counties in the Chesapeake Bay watershed. These programs should apply priority conservation practices that most efficiently reduce nutrient and sediment loads to the Chesapeake Bay, as identified by USDA and EPA data and scientific analysis. The Secretary of Agriculture shall work with State agriculture and conservation agencies in developing the report.
PART 5 – REDUCE WATER POLLUTION FROM FEDERAL LANDS AND FACILITIES
Sec. 501. Agencies with land, facilities, or installation management responsibilities affecting ten or more acres within the watershed of the Chesapeake Bay shall, as expeditiously as practicable and to the extent permitted by law, implement land management practices to protect the Chesapeake Bay and its
tributary waters consistent with the report required by section 202 of this order and as described in guidance published by the EPA under section 502.
Sec. 502. The Administrator of the EPA shall, within 1 year of the date of this order and after consulting with the Committee and providing for public review and comment, publish guidance for Federal land management in the Chesapeake Bay watershed describing proven, cost-effective tools and practices that reduce water pollution, including practices that are available for use by Federal agencies.
PART 6 – PROTECT CHESAPEAKE BAY AS THE CLIMATE CHANGES
Sec. 601. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, organize and conduct research and scientific assessments to support development of the strategy to adapt to climate change impacts on the Chesapeake Bay watershed as required in section 202 of this order and to evaluate the impacts of climate change on the Chesapeake Bay in future years. Such research should include assessment of:
(a) the impact of sea level rise on the aquatic ecosystem of the Chesapeake Bay, including nutrient and sediment load contributions from stream banks and shorelines;
(b) the impacts of increasing temperature, acidity, and salinity levels of waters in the Chesapeake Bay;
(c) the impacts of changing rainfall levels and changes in rainfall intensity on water quality and aquatic life;
(d) potential impacts of climate change on fish, wildlife, and their habitats in the Chesapeake Bay and its watershed; and
(e) potential impacts of more severe storms on Chesapeake Bay resources.
PART 7 – EXPAND PUBLIC ACCESS TO THE CHESAPEAKE BAY AND CONSERVE LANDSCAPES AND ECOSYSTEMS
Sec. 701. (a) Agencies participating in the Committee shall assist the Secretary of the Interior in development of the report addressing expanded public access to the waters of the Chesapeake Bay and conservation of landscapes and ecosystems required in subsection 202(e) of this order by providing to the Secretary:
(i) a list and description of existing sites on agency lands and facilities where public access to the Chesapeake Bay or its tributary waters is offered;
(ii) a description of options for expanding public access at these agency sites;
(iii) a description of agency sites where new opportunities for public access might be provided;
(iv) a description of safety and national security issues related to expanded public access to Department of Defense installations;
(v) a description of landscapes and ecosystems in the Chesapeake Bay watershed that merit recognition for their historical, cultural, ecological, or scientific values; and
(vi) options for conserving these landscapes and ecosystems.
(b) In developing the report addressing expanded public access on agency lands to the waters of the Chesapeake Bay and options for conserving landscapes and ecosystems in the Chesapeake Bay, as required in subsection 202(e) of this order, the Secretary of the Interior shall coordinate any recommendations with State and local agencies in the watershed and programs such as the Captain John Smith Chesapeake National Historic Trail, the Chesapeake Bay Gateways and Watertrails Network, and the Star-Spangled Banner National Historic Trail.
PART 8 – MONITORING AND DECISION SUPPORT FOR ECOSYSTEM MANAGEMENT
Sec. 801. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, organize and conduct their monitoring, research, and scientific assessments to support decisionmaking for the Chesapeake Bay ecosystem and to develop the report addressing strengthening environmental monitoring of the Chesapeake Bay and its watershed required in section 202 of this order. This report will assess existing monitoring programs and gaps in data collection, and shall also include the following topics:
(a) the health of fish and wildlife in the Chesapeake Bay watershed;
(b) factors affecting changes in water quality and habitat conditions; and
(c) using adaptive management to plan, monitor, evaluate, and adjust environmental management actions.
PART 9 – LIVING RESOURCES PROTECTION AND RESTORATION
Sec. 901. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, identify and prioritize critical living resources of the Chesapeake Bay and its watershed, conduct collaborative research and habitat protection activities that address expected outcomes for these species, and develop a report addressing these topics as required in section 202 of this order. The Secretaries of Commerce and the Interior shall coordinate agency activities related to living resources in estuarine waters to ensure maximum benefit to the Chesapeake Bay resources.
PART 10 – EXCEPTIONS
Sec. 1001. The heads of agencies may authorize exceptions to this order, in the following circumstances:
(a) during time of war or national emergency;
(b) when necessary for reasons of national security;
(c) during emergencies posing an unacceptable threat to human health or safety or to the marine environment and admitting of no other feasible solution; or
(d) in any case that constitutes a danger to human life or a real threat to vessels, aircraft, platforms, or other man-made structures at sea, such as cases of force majeure caused by stress of weather or other act of God.
PART 11 – GENERAL PROVISIONS
Sec. 1101. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,
May 12, 2009.
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