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Letters and Comments, Regulations Dec 1, 2023

The Waters Advocacy Coalition (“WAC” or “Coalition”) submitted comments on the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (“Draft Manual”). WAC represents a large cross-section of America’s construction, transportation, real estate, mining, manufacturing, forestry, agriculture, energy, wildlife conservation, and public health and safety sectors—all of which are vital to a thriving economy and provide much-needed jobs. WAC members’ activities, projects, and operations are often subject to Clean Water Act (“CWA”) regulation.

The comments detail how:

I. EPA and the Corps Must Go Through Rulemaking to Change the Scope of CWA Jurisdiction

II. At a Minimum, the Agencies Must Reaffirm That the OHWM Has No Relevance to the Relatively Permanent Standard

 

Letters and Comments, Offshore Nov 1, 2023

The American Petroleum Institute (API), Energeo Alliance (Energeo), Independent Petroleum Association of America (IPAA), Louisiana Mid-Continent Oil & Gas Association (LMOGA), National Ocean Industries Association (NOIA), and Offshore Operators Committee (OOC) (collectively, the Associations) offer the following comments on the Bureau of Ocean Energy Management’s (BOEM) Notice of Intent (NOI) to prepare another Programmatic Environmental Impact Statement (PEIS) for a “representative oil and gas lease sale” in the Gulf of Mexico (GOM) Eastern, Central and Western Planning Areas scheduled as part of the 2024-2029 Five-Year Outer Continental Shelf (OCS) Leasing Program. 88 Fed. Reg. at 67,803. For many years, the Associations and our members have worked collaboratively with the Department of the Interior (DOI) and its agencies (including BOEM) in support of the continued safety of industry workers and protection of the environment both offshore and onshore. At the same time, our members rely heavily on Congress’ statutory mandates (repeatedly recognized by the courts) that DOI make the OCS available for leasing and expeditious development. Many of our members are involved in exploring for and developing oil and natural gas resources in the GOM and we support BOEM holding all lease sales as scheduled in the 2024-2029 Proposed Final Program and offering all unleased acreage not subject to moratorium in those lease sales. Accordingly, BOEM should pursue Alternative B in the NOI.

Letters and Comments, Offshore Nov 1, 2023

The American Petroleum Institute (API), Energeo Alliance (Energeo), Independent Petroleum Association of America (IPAA), and Louisiana Mid-Continent Oil & Gas Association (LMOGA) (collectively, the Associations) offer the following comments on the Bureau of Ocean Energy Management’s (BOEM) call for information and nominations (Call) for lease sales in the Gulf of Mexico (GOM) Eastern, Central and Western Planning Areas scheduled as part of the 2024-2029 Five-Year Outer Continental Shelf (OCS) Leasing Program. Many of our members operate on the OCS and on federal lands onshore. For many years, the Associations and our members have worked collaboratively with the Department of the Interior (DOI) and its agencies (including BOEM) in support of the continued safety of industry workers and protection of the environment. At the same time, our members rely heavily on Congress’ statutory mandates (repeatedly recognized by the courts) that DOI make the OCS available for leasing and expeditious development. Our members are involved in exploring for and developing oil and natural gas resources in the GOM and we support holding all lease sales as scheduled in the 2024-2029 Proposed Final Program and offering all unleased acreage not subject to moratorium in those lease sales. …

The Associations reiterate their request that BOEM duly finalize its Five-Year Leasing Program, hold all GOM lease sales as scheduled during the 2024-2029 timeframe, and in those lease sales offer on a Region-wide basis all unleased acreage not subject to moratorium.

Letters and Comments, Regulations Oct 31, 2023

IPAA joined with over 70 other trade groups representing diverse businesses across the economy in urging the Biden administration to maintain the existing National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5). In a letter to White House Chief of Staff Jeff Zients, the organizations warned that moving forward with the Environmental Protection Agency’s (EPA) proposed revisions would jeopardize American jobs and risk substantial economic harm.

The proposed revisions to the standard “would risk jobs and livelihoods by making it even more difficult to obtain permits for new factories, facilities, and infrastructure to power economic growth,” the groups wrote. “This proposal would also threaten successful implementation of the Infrastructure Investment and Jobs Act, the CHIPS and Science Act, and the important clean energy provisions of the Inflation Reduction Act. Our members have innovated and worked with regulators to significantly lower PM2.5 emissions and further progress is being made as part of the energy transition investments.”

Endangered Species, Letters and Comments, Offshore Oct 6, 2023

“… National Marine Fisheries Service (NMFS) must withdraw the Proposed Rule and reissue a critical habitat proposal that identifies for designation only those “specific areas within” areas of the Gulf of Mexico (GOMx) actually occupied by Rice’s whales that qualify as habitat and on which are “found” the “essential features” of Rice’s whale habitat that require special management. NMFS must consider the material economic, national security, and other relevant impacts of such a designation, including from “adverse modification” findings, as well as the revenue implications for the federal and state governments. Should NMFS move forward with designation of Rice’s whale critical habitat, it should exclude from such designation the central and northwestern GOMx where the impact of a designation would far outweigh any potential benefits to Rice’s whales.”

Endangered Species, Letters and Comments Oct 2, 2023
IPAA submitted comments to the record for the Fish and Wildlife Service’s proposed listing of the Dunes Sagebrush Lizard, whose habitat is primarily the Permian basin. Teaming up with the U.S. Chamber of Commerce, the comments focus heavily on F&WS’s lack of consideration for voluntary conservation measures as well as F&WS’s failure to demonstrate why a listing decision is warranted.
 IPAA is committed to reasonable species conservation but many of the recent listing decision by the Biden Administration are a politically motivated shot directly at the oil and natural gas industry.

Letters and Comments, Methane Oct 2, 2023

Re: Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems; Docket No. EPA-HQ-OAR-2023-0234

The American Petroleum Institute, the American Exploration & Production Council, Independent Petroleum Association of America, The Petroleum Alliance of Oklahoma, and the American Fuel and Petrochemical Manufacturers (collectively “Industry Trades”) appreciate the opportunity to offer comments to the U.S. Environmental Protection Agency (EPA) on the proposed “Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems” (proposed on August 1, 2023). For perspectives of offshore operators, the Industry Trades encourage EPA to also review the Offshore Operators Committee (OOC) letter and incorporate them by reference herein. With this submittal, the Industry Trades seek to continue our participation in the rulemaking process as a collaborative stakeholder by providing meaningful solutions to simultaneously address EPA’s goals while addressing the burden of data collection (and identifying potential unintended consequences) that could result if the rulemaking is finalized as proposed.

The oil and natural gas industry has participated as key collaborative stakeholders, advancing the EPA Greenhouse Gas Reporting Program (GHGRP) since its inception by contributing expertise and proposing alternatives that reflect the reality of the industry and its evolving day-to-day operating practices. The Industry Trades have focused on providing information that will help inform decision makers and the public about various challenges to data collection and reporting required by the rule, which includes safety, accuracy, and feasibility concerns, as well as the need to protect sensitive information and to ensure that reporting requirements are placed on the correct reporters.

These comments on EPA’s proposed revisions to Subpart W reflect our continued interest in the evolution of the GHGRP to provide an accurate accounting of greenhouse gas (GHG) emissions from facilities across the full value chain of the oil and natural gas industry. Our comments cover concerns and recommendations in the wide range of sectors that relate to the operations of our collective members.

Letters and Comments, Methane Sep 30, 2023

Re: Greenhouse Gas Reporting Rule: Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems

These comments are filed on behalf of the Independent Petroleum Association of America (IPAA). IPAA represents the thousands of independent oil and natural gas explorers and producers, as well as the service and supply industries that support their efforts, that will be significantly affected by the actions resulting from this regulatory proposal. Independent producers drill about 91 percent of American oil and natural gas wells, produce 83 percent of American oil and produce 90 percent of American natural gas.

In addition to the specific comments made herein, IPAA has joined comments submitted separately by the American Petroleum Institute (API).

These comments address proposals by the Environmental Protection Agency (EPA) to revise reporting requirements for Petroleum and Natural Gas Systems for the Greenhouse Gas Reporting Program (GHGRP) under Subpart W.

…

The task mandated to EPA by Congress requires the agency to comprehensively review, revise and validate its Subpart W regulations to make them accurate and reliable because of the role their implementation will play in the MERP, defining exposure and calculating its methane tax. Congress’ deadline of EPA’s action failed to reflect the reality of the task. EPA, faced with the choice of meeting a deadline or meeting its mandate to comprehensively revise Subpart W, chose the deadline and produced a wholly inadequate compendium of emissions calculations. At its best, the Subpart W proposal collects revisions to the current calculation process that EPA failed to validate as either accurate or appropriate. At its worst, the Subpart W proposal is a thinly disguised effort to raise the MERP methane tax rates through careful selection of higher emissions factors and unworkable calculation procedures. EPA should withdraw the current Subpart W proposal and execute its mandate to make it accurate, including taking the necessary steps to validate the emissions factors or emissions calculation procedures that it ultimately puts in place.

Infrastructure, Letters and Comments, Uncategorized Sep 29, 2023

Re: Notice of Proposed Rulemaking, Council on Environmental Quality; National Environmental Policy Act Implementing Regulations Revisions Phase 2 (88 Fed. Reg. 49,924, July 31, 2023)

Dear Chair Mallory:

The undersigned associations (collectively, the “Coalition”) offer the following comments in response to the Council on Environmental Quality’s (“CEQ’s”) proposed National Environmental Policy Act (“NEPA”) Implementing Regulations Revisions Phase 2 (“Proposed Rule”).1 Our organizations represent a diverse set of economic sectors that form the backbone of the American economy – agriculture, energy, construction, mining, forestry, manufacturing, transportation, and other sectors. …

CEQ should withdraw the Proposed Rule and modify it in accordance with these comments before considering promulgating a new proposed rule for additional public review and comment. These comments address four central flaws in the Proposed Rule:

  • The Proposed Rule is written to drive policy outcomes. In so doing, the Proposed Rule exceeds the bounds of the letter and intent of NEPA.
  • The Proposed Rule fails to fulfill the specific requirements and overall purpose of the Fiscal Responsibility Act. The FRA amended NEPA to address permitting delays. The Proposed Rule would only exacerbate delays and complexity driven by new requirements that would inevitably be followed by litigation.
  • The Proposed Rule would add new requirements that would further delay and complicate reviews, including requirements that are outside the permissible bounds of the statute itself. In addition, the Proposed Rule adds a new global dimension to required environmental analysis, improperly stepping away from the statute’s focus on “present and future generations of Americans.”
  • The Proposed Rule would remove key process improvements from the 2020 NEPA rule. If made final, the Proposed Rule would not fix the widely acknowledged project delays caused by federal NEPA reviews, delays that continue to plague critical projects, including projects needed to fulfill Congress’ recent investments in energy and infrastructure.

Letters and Comments, Regulations Sep 22, 2023

IPAA joined with the American Petroleum Institute and 12 other energy trade associations in calling on the Biden administration to prioritize the energy needs of the American people by developing fair and consistent federal leasing regulations. In comments submitted to the Department of the Interior’s Bureau of Land Management (BLM), the associations reiterated the oil and natural gas industry’s longstanding record of responsible development of the United States’ vast natural resources but expressed concern over the damaging impact this rule could have on American energy security. 

“Our nation and the world will continue to need reliable, affordable oil and natural gas to grow our economy, power our communities and serve as the foundation for broader opportunities for decades to come. Oil and natural gas production on public lands is a crucial part of the nation’s program for energy security and economic strength,” said API Vice President of Upstream Policy Holly Hopkins. “Because of the vital importance of energy production on public lands, overreaching land management regulations place our domestic energy supply at risk.” 

In the comments, the associations raised concerns that the proposed rule overreaches BLM’s statutory authority, disregards Congress’s intent to preserve federal leasing programs and rejects existing robust planning and environmental review processes, allowing BLM to constrain onshore energy development on a case-by-case basis. The Associations urged BLM to revise the proposed rulemaking to ensure the American people can continue to reap the economic, energy security and environmental benefits of continued domestic energy production.

IPAA is the industry's strongest presence in the nation's capital and these are important times. The entire oil and gas industry remains under fire from anti-development groups; but with these challenges arise unique opportunities that IPAA is seizing for our members.