The Environmental Protection Agency released its draft permit-writing guidance May 4 for the use of diesel fuels in the fracking fluid. Fracking was exempted from Safe Drinking Water Act underground injection control requirements in the 2005 energy law, but only if the fluids do not include diesel. Fracking fluid including diesel fuels are regulated under EPA's Underground Injection Control program, which is run by states agencies in 33 states, the EPA in 10 states, and a combination of the two in 7 states. The draft guidance will be published in the Federal Register and subject to a 60-day comment period.