The U.S. Environmental Protection Agency (USEPA) recently extended the public comment deadlines associated with its proposed rulemaking to redefine “waters of the United States” for federal Clean Water Act programs and its request for information regarding a possible rulemaking for the disclosure of hydraulic fracturing chemicals. The new comment deadline for the Clean Water Act rulemaking is October 20, 2014. The new deadline to comment on the advance notice of proposed rulemaking regarding chemical disclosure is September 18, 2014.
Today the U.S. Environmental Protection Agency (USEPA) published in the Federal Register its advance notice of proposed rulemaking regarding the disclosure of chemicals and mixtures associated with hydraulic fracturing (see previous post). Public comments will be accepted through August 18, 2014.
Today the U.S. Environmental Protection Agency (USEPA) announced the availability of an advance notice of proposed rulemaking (ANPR) to solicit public comments on “the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information.” USEPA’s action responds to a 2011 petition signed by Earthjustice and more than 100 other groups requesting that USEPA require toxicity testing of chemicals and mixtures used by the oil and gas industry and submission of various records pursuant to the federal Toxic Substances Control Act. Upon the ANPR’s publication in the Federal Register, USEPA will accept comments for 90 days on a number of issues relating to the “design and scope” of voluntary and/or mandatory approaches for USEPA to obtain information about chemicals and mixtures used in hydraulic fracturing. Jim Jones, USEPA Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, considers the ANPR to be “an important step in increasing the public’s access to information on chemicals used in hydraulic fracturing activities.”
This week the U.S. Environmental Protection Agency (EPA) published a proposal to amend Subpart W of the greenhouse gas reporting program rules, which affects the Petroleum and Natural Gas Systems source category. According to EPA’s fact sheet, “[t]he proposal includes revisions to certain calculation methods, monitoring and data reporting requirements, terms and definitions, and technical and editorial errors that were identified during the course of implementation.” The fact sheet also indicates that EPA is proposing confidentiality determinations for “new or substantially revised data elements” and proposing a revised confidentiality determination for one existing data element. EPA expects that the amendments would not “significantly” change the amount of entities or greenhouse gas emissions covered by the reporting program.
The U.S. Environmental Protection Agency (EPA) recently issued an Interim Chemical Accident Prevention Advisory concerning the design of liquefied petroleum gas (LPG) installations at natural gas processing plants. EPA has found that some existing plants were constructed in accordance with National Fire Protection Association 58, Liquefied Petroleum Gas Code (NFPA 58). EPA notes in the advisory announcement that NFPA 58 does not apply to natural gas processing plants and that more specific industry standards would apply in determining compliance with the requirements of the risk management provisions of Section 112(r) of the Clean Air Act, and the Chemical Accident Prevention Provisions of 40 CFR Part 68. EPA has suggested that American Petroleum Institute 2510, Design and Construction of Liquefied Petroleum Gas (LPG) Installations (API 2510) and its companion document API 2510A, Fire Protection Considerations for the Design and Operation of LPG Storage Facilities (API 2510A), are more widely recognized standards for the design of LPG installations at natural gas power plants. EPA is accepting comments on this interim advisory until July 31, 2014.
The U.S. House of Representatives passed a bill prohibiting the Interior Department from enforcing regulations on hydraulic fracturing in any state that already has regulations in place. The bill recognizes the states’ authority to regulate hydraulic fracturing within their borders and was passed in reaction to recent federal regulations that have been proposed to regulate hydraulic fracturing. The House bill would not prevent the federal government from implementing baseline standards in states where none exist. However, under the legislation federal regulations would not be permitted to supersede the applicable states’ laws.
Last week the University of Texas, in conjunction with the Environmental Defense Fund and 9 companies involved in natural gas production, released a study which found that 0.42% of natural gas produced in the U.S. is emitted into the atmosphere as methane (the main component of natural gas). This estimate is lower than the leak rates found in a 2010 Cornell University study, which estimated leakage at between 0.6 to 3.2%, and U.S. EPA’s review of 2011 data which showed that gas leaked from wells at a rate of 0.47%. Researchers in the University of Texas study recorded direct measurements of actual emissions at 190 well sites, whereas Cornell and U.S. EPA researchers used data provided by drillers. This is the first of multiple studies to be completed by the University of Texas.
On Thursday, U.S. EPA announced that the State of Wyoming will lead further investigation of drinking water quality in Pavillion, Wyoming. In 2009, EPA began working with the state and local tribes to investigate water quality in the Pavillion area in response to citizen reports of contaminated well water. Sampling results have shown constituents of concern in the domestic water wells, but a source of the constituents has yet to be determined. EPA released a draft report in 2011 indicating that the groundwater contains constituents likely associated with nearby gas production and hydraulic fracturing activity. The agency no longer intends to finalize or rely on the draft report, as indicated in the following statement from EPA:
“While EPA stands behind its work and data, the agency recognizes the State of Wyoming’s commitment for further investigation and efforts to provide clean water and does not plan to finalize or seek peer review of its draft Pavillion groundwater report released in December, 2011. Nor does the agency plan to rely upon the conclusions in the draft report.”
EPA will continue to provide support for the investigation led by Wyoming officials. EPA plans to now focus attention on its major hydraulic fracturing study, for which the agency expects to issue a draft report in late 2014.
On Friday, June 7th, twelve energy-producing states, including Ohio and West Virginia, signed a letter to the EPA defending the industry practice of hydraulic fracturing. The letter was in response to recent threats to sue the EPA for not assuming regulatory responsibility of the energy industry made by several northeastern states. The letter warned the EPA not to utilize “sue and settle” tactics in an attempt to regulate hydraulic fracturing and emphasized that the Clean Air Act places the regulatory responsibility for the oil and gas industry on the states rather than the federal government.
According to recent reports, the Inspector General (IG) has informed officials at the United States Environmental Protection Agency (U.S. EPA) that an investigation will be conducted in connection with the agency’s efforts to reduce methane emissions from natural gas distribution lines. The IG investigation, coming on the heels of a recent report criticizing U.S. EPA’s methods for determining natural gas sector emissions, could help to clarify the extent of the agency’s authority to regulate methane emissions from distribution lines.
Today the U.S. Senate Committee on the Environment and Public Works voted 10-8 in favor of advancing Gina McCarthy’s nomination for EPA Administrator. The nomination now moves to the full Senate for consideration.
The U.S. Senate Committee on Environment and Public Works has rescheduled the vote on the nomination of Gina McCarthy for EPA Administrator for May 16, 2013. The Committee was forced to reschedule the vote in light of a boycott last week by Republican members of the Committee.
Reuters reports that all eight Republican members of the U.S. Senate Environment and Public Works Committee refused to participate in a scheduled vote on May 9, 2013. The boycott prevented Gina McCarthy’s nomination from proceeding to the next step, which would be a full Senate vote. David Vitter (R-LA), the top Republican on the Committee, reportedly said the boycott was based on McCarthy’s refusal to answer questions about agency transparency. McCarthy submitted answers to over 1,000 written questions that Republican senators asked of her following McCarthy’s confirmation hearing on April 11, 2013. Democrats hold a majority of the seats on the Committee. If all Democratic members of the Committee participate in the next vote, which is not yet scheduled, McCarthy’s nomination is expected to proceed to the full Senate.
U.S. Senator Barbara Boxer (D-CA) has announced that the Environment and Public Works Committee will hold a vote May 9, 2013, on Gina McCarthy’s nomination to serve as the next Administrator of the U.S. Environmental Protection Agency. McCarthy appeared before the Committee in April to discuss her qualifications for the position. Currently, there is no timetable for the full Senate to vote on her nomination.
In a report issued last week, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) asked the agency to improve its air emissions data for the oil and gas industry. Specifically, OIG called on EPA to implement a comprehensive strategy for improving air emissions data and prioritizing emission factors for the industry. EPA agreed with some of these recommendations, but rejected OIG’s directives to ensure that states submit certain data and to develop additional, default calculation guidance for emission factors.