Although coal has been hardest hit by regulations from the Obama administration, the oil and gas sector has seen its fair share over the past several years. These regulations are part of the administration’s and various environmental groups’ ongoing efforts against fossil fuels. Indeed, the administration has tightened the regulatory noose on the oil and gas industry. Continue reading “Relief For the Oil and Gas Industry?”
Category: EPA
EPA Expands Its Oversight of Oil and Gas Operations
EPA directly regulates many aspects of oil and gas activity. Mainly, its regulatory authority relates to air emissions from a multitude of sources and equipment from drilling operations to refinery operations. In addition to the major new rules it has issued over the last several years, EPA is now pursuing two courses of action that create a level of complexity and uncertainty for oil and gas operators. Continue reading “EPA Expands Its Oversight of Oil and Gas Operations”
Muddying the Upstream and Midstream Waters
In the last several years, EPA has issued numerous rules impacting the oil and gas industry. While petroleum refineries in the downstream segment face new compliance challenges with the first ever fenceline monitoring requirement for benzene, regulations imposed on the upstream and midstream segments seek to curb emissions of greenhouse gases (GHGs) and volatile organic compounds (VOC). As if these new challenges were not enough, the EPA has strongly signaled through information collection efforts that more regulations on the upstream and midstream segments are forthcoming. Continue reading “Muddying the Upstream and Midstream Waters”
New Aggregation Rule Provides Clarity for Oil and Gas Industry
EPA recently finalized a rule that provides a measure of clarity and certainty for permitting sources in the onshore oil and gas industry. The new rule, published at 81 Fed. Reg. 35622 (June 3, 2016), defines and clarifies the meaning of the term “adjacent” for determining when separate surface sites and the equipment at those sites will be aggregated for permitting purposes. Normally, this applies to oil and gas production or storage facilities. Continue reading “New Aggregation Rule Provides Clarity for Oil and Gas Industry”
EPA To Consider Emission Reductions At Ports
EPA’s Clean Air Act Advisory Committee (CAAAC) is considering a workgroup’s novel strategy document outlining voluntary efforts to cut emissions from U.S. ports. It is likely that the program will soon be recommended to EPA for adoption.
Continue reading “EPA To Consider Emission Reductions At Ports”
Continue reading “EPA To Consider Emission Reductions At Ports”
EPA Proposes To Strip Affirmative Defenses For Emergencies
The EPA has proposed to remove the affirmative defense provisions for emergencies in the state and federal operating permit programs. 81 Fed. Reg. 38645 (June 14, 2016). Specifically, EPA proposes to simply delete 40 CFR §70.6(g) and §71.6(g). As noted in more detail below, this proposed action is part of an ongoing effort to strip reasonable and long-standing defenses from the regulated community. Continue reading “EPA Proposes To Strip Affirmative Defenses For Emergencies”
SCOTUS Levels the Playing Field
The Supreme Court’s decision in Corps of Engineers v. Hawkes provides a welcome and much-needed avenue for review of approved jurisdictional determinations (JD) issued by the Corps of Engineers. Hopefully, the decision will inhibit the Corps from unfounded or tenuous assertions of jurisdiction over wetlands and other waters of the United States. Continue reading “SCOTUS Levels the Playing Field”
Let’s Just Kick Them While They Are Down
The oil and gas sector is suffering from the recent reduction in prices. Lower prices mean fewer wells being drilled, reduced employment in the sector and a slowly diminishing production rate. However, the problems facing the oil and gas industry have not deterred the Environmental Protection Agency (EPA) from pressing ahead with its climate agenda as it relates to oil and gas production. Continue reading “Let’s Just Kick Them While They Are Down”
And Not a Drop to Drink?
The water contamination in Flint, Michigan, has raised awareness of an issue that rarely gets attention, even though we all use the public water supply. All too often we simply assume our water meets all applicable standards and is safe to use. Unfortunately, that is not always the case. Continue reading “And Not a Drop to Drink?”
The CPP Meets SCOTUS
The Supreme Court recently issued a stay of the Clean Power Plan, the Obama Administration’s signature regulation addressing greenhouse gas (GHG) emissions from existing power plants.
The Clean Power Plan (CPP) imposed the first-ever national standards to limit carbon dioxide (CO2) emissions from existing power plants. The CPP relies on Clean Air Act (CAA) Section 111(d) and established interim and final CO2 emission performance rates for fossil fuel-fired (mainly coal or oil) electric generating units. States are required to develop and implement plans to ensure that power plants achieve the interim CO2 emissions performance rates over the period of 2022 to 2029 and the final CO2 emission performance rates by 2030. The initial state plan was due on September 6, 2016 with final, complete state plans submitted no later than September 6, 2018. Continue reading “The CPP Meets SCOTUS”
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