mr. conley. [ no audio ] >> i've lost nine seconds. welcome to both of our panelists. thank you, mr. chairman. just to clarify, i'm confused. epa is not producing a general broad regulation of fracturing. it's only proposing fracturing within the statutory framework provided in the 2005 legislation and a subsequent court ruling. is that correct? >> yes, that's correct. we're interpreting the statute and the regulations. >> but if, for example, it does not involve diesel, you're not regulating the process. >> that's correct. diesel fuels is in the statute. that's what we're implementing. congress imposed the obligation on hydraulic fracturing operations using tools and the guidance explains how to do that. >> and this assertion of regulatory responsibility in this particular lane involving diesel was actually insisted upon, is that correct, or ruled upon by a court? >> the court determined that hydraulic fracturing was covered under the uic class 2 program that was in 2001. congress took action in 2005 that limited that permitting requirement only to hydraulic fracturing using diesel