Letters & Comments

The Independent Petroleum Association of America (IPAA) and its members welcome this opportunity to respond to the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) notice of proposed rulemaking referenced above. In particular, that notice proposes (i) the extension of reporting requirements to all gathering lines, (ii) the extension of reporting requirements to all gravity lines moving hazardous liquids, (iii) the inspection of all pipelines in areas affected by extreme weather or natural disasters, (iv) to require periodic integrity testing of pipelines outside of High Consequence Areas (HCAs), (v) to require the use of leak detection systems on hazardous liquid pipelines in all areas, (vi) to add additional conservatism to provisions requiring pipeline repairs as well as requiring repairs on all pipelines even those outside HCAs, and (vii) that all Integrity Management (IM) subject pipelines be capable of supporting inline inspection tools (ILIs) within twenty years, unless the basic construction thereof will not support ILIs.

Dear Mr. Kassman: On October 26, 2015 the National Park Service (NPS) issued a proposed rule entitled “General Provisions and Non-Federal Oil and Gas Rights; Proposed Rule” (80 Fed. Reg. 65571, the Proposed Rule). This Proposed Rule would modify service-wide regulations governing the exercise of non-federal oil and gas rights on NPS units, under 36 CFR part 9, subpart B (9B regulations). API, the Independent Petroleum Association of America, Western Energy Alliance, and the American Exploration & Production Council join in submitting these comments to the proposed rule.

Dear Mr. Kornze: On October 13, 2015, the Bureau of Land Management (BLM) issued a proposed rule entitled “Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Gas” (80 Fed. Reg. 61,646). This Proposed Rule would replace Onshore Oil and Gas Order No. 5, Measurement of Gas, which prescribes standards for the measurement of gas produced from onshore federal and Indian oil and gas leases with new, more expansive regulations that would be codified in Title 43 of the Code of Federal Regulations (CFR). It would also replace, and incorporate into Title 43 of the CFR, various nationwide and state-specific Notices to Lessees (NTLs), which contain BLM policy and guidance for the measurement of gas produced from onshore federal and Indian oil and gas leases.

Dear Mr. Kornze: On September 30, 2015, the Bureau of Land Management (BLM) issued a proposed rule entitled “Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Oil” (80 Fed. Reg. 58,952). This Proposed Rule would replace Onshore Oil and Gas Order No. 4, Measurement of Oil (Onshore Order No. 4), which prescribes standards for the measurement of oil produced from federal and Indian onshore oil and gas leases, with new, more expansive regulations that would be codified in Title 43 of the Code of Federal Regulations.

Dear Director Kornze: Western Energy Alliance and the Independent Petroleum Association of America (IPAA), appreciate that the Bureau of Land Management (BLM) has reopened the comment period for Onshore Order No. 3. Onshore Order No. 3 is highly complex, technical, and closely interrelated with Onshore Orders No. 4 and 5, and we appreciate this opportunity to reflect on No. 3 now that we have had some time to review 4 and 5. However, we are concerned that the timeframe to review these three proposed rules remains inadequate at just 21 days of overlap, given the fact that they run to a combined total of 591 pages in length.

Dear Administrator McCarthy: This letter is being sent on behalf of the Independent Petroleum Association of America (IPAA), as well as several of its national, regional and state cooperating associations. A full listing of those organizations can be found at the conclusion of this letter.

Comments for Three Regulatory Proposals issued September 18, 2015: 1) Oil and Natural Gas Sector: Emission Standards for New and Modified Sources (80 Fed. Reg. 56,593), 2) Release of Draft Control Technique Guidelines for the Oil and Natural Gas Industry (80 Fed. Reg. 56,577), 3) Source Determination for Certain Emission Units in the Oil and Natural Gas Sector (80 Fed. Reg. 56,579). These comments are filed on behalf of the Independent Petroleum Association of America (IPAA) and the American Exploration and Production Council (AXPC).

The Independent Petroleum Association of America (IPAA) and the American Petroleum Institute (API) respectfully submit the following comments on the U.S. Fish & Wildlife Service’s 90-Day Finding on the petition of Xerces Society for Invertebrate Conservation to list the rusty-patched bumble bee (RPBB) as an endangered species under the Endangered Species Act. 80 Fed. Reg. 56,423, 56,429 (Sept. 18, 2015).

On behalf of our members, the Independent Petroleum Association of America (IPAA) would like to provide additional comments on the Bureau of Ocean Energy Management’s (BOEM) proposed guidance on the agency’s supplemental bonding requirements. IPAA submitted detailed comments to the Department of the Interior in response to the Advanced Notice of Proposed Rulemaking (ANPR) on this matter last year and is disappointed that the agency decided to forgo a formal rulemaking process. We are greatly concerned that new regulations will be issued through a revised Notice to Lessee (NTL) without any corresponding changes to the Code of Federal Regulations, thus creating new binding requirements outside the rulemaking procedures of the Administrative Procedures Act (APA). The BOEM contemplates significant changes to the regulations governing offshore activities and such changes should be promulgated as rules through the APA, not through a guidance document such as an NTL. Attached is a copy of the extensive comments IPAA filed on this matter with the Department last November.

The American Petroleum Institute (API), the National Ocean Industries Association (NOIA), the Offshore Operators’ Committee (OOC) and the Independent Petroleum Association of America (IPAA) respectfully request that the Bureau of Ocean Energy Management (BOEM) extend the 45 day period for comments on the proposed guidance that BOEM will use to determine a lessee’s financial ability to carry out its obligations, primarily the decommissioning of OCS facilities, and the potential need for additional security posted on BOEM’s website on September 22, 2015. We appreciate the opportunity to review the draft guidance and the workshop that BOEM held on October 9. After reviewing the proposal and hearing BOEM’s presentation at the workshop, industry feels that 30 additional days are needed to fully analyze the potential impacts of the changes and to provide constructive feedback. Accordingly, we respectfully request that the deadline for comments on this proposed guidance be extended to December 6, 2016.