December 8, 2024

Shale Law Weekly Review—Week of December 9, 2024

Public Health: The Environmental Protection Agency Releases New Draft Framework and Seeks Public Comment on Public Health Impacts on Communities ⚡
On November 21, 2024, the Environmental Protection Agency (EPA) released a draft framework for principles that EPA will reference when making decisions that can impact the health and environment of communities, especially Tribal and Indigenous peoples. The EPA’s draft is entitled “Interim Framework for Advancing Consideration of Cumulative Efforts.” The draft aims to help the EPA incorporate meaningful impacts on public health in Tribes and communities by using the public’s input. Cumulative impacts  which are defined as “the totality of exposures to combinations of chemical and nonchemical stressors and their effects on health, well-being, and quality of life outcomes,” have been a topic of research for the EPA, who have taken multiple steps to incorporate and address these impacts. The Interim Framework for Advancing Consideration of Cumulative Impacts draft is the most recent action. The Equity Action Plan in 2023 directed various agencies, including the EPA, to incorporate a number of actions, including equity and environmental justice. The Interim Framework draft is receiving public comments on the Federal Register until February 19, 2025.

Electricity Generation: EPA Proposes Tighter Emissions Standards for New Gas Plants
On November 22, 2024, the Environmental Protection Agency (EPA) proposed a new rule aimed at reducing nitrogen oxide (NOx) pollution from stationary combustion turbines. The proposed New Source Performance Standards (NSPS) will apply to all new, modified, and reconstructed fossil fuel-fired stationary combustion turbines, such as those operating at gas power plants and other industrial facilities. Under the new standards, turbines will be divided into three size categories (large, medium, small), then three load unit subcategories (high, intermediate, low) to determine their NOx emissions limitations. The NSPS are based on utilization of combustion controls and post-combustion selective catalytic reduction, practices which the EPA estimates will reduce NOx emissions by 198 tons by 2027 and 2,659 tons by 2032. In announcing the proposal, the EPA stated that the NSPS will reduce emissions impacts in communities near such turbines, and will also offer the power industry regulatory certainty, while ensuring the availability of reliable electricity. Publication in the Federal Register is forthcoming. More information on stationary combustion turbines and the proposed standards can be found here.

Infrastructure: EPA Issues Proposed Rule Permitting Carbon Sequestration Wells in West Virginia Under Class VI Permit
On November 27, 2024, EPA issued a proposed rule permitting West Virginia to have “Class VI injection well primary enforcement responsibility.” This rule would modify West Virginia’s Underground Injection Control (UIC) program for the purpose of operating carbon sequestration facilities. West Virginia’s Department of Environmental Protection would be responsible for issuing permits and regulating compliance for facilities operating carbon wells. The proposed rule is open to comments until December 30, 2024.

Pipelines: FERC Approves Construction of the Texas Louisiana-Pipeline Project
On November 21, 2024, the Federal Energy Regulatory Commission (FERC) issued a certificate of public convenience and necessity to Natural Gas Pipeline Company (NGPL) to begin construction and operate its Texas Louisiana-Pipeline Project. NGPL estimates that the Project will provide an additional “300,000 Dth/d of incremental firm transportation” to meet new demands in the Gulf Coast area. NGPL plans to provide this additional transportation capacity by modifying existing compressor stations in Mongomery and Liberty counties in Texas. In conducting its review, FERC found that the project would have no adverse impacts on existing natural gas transportation operations or the environment, that would outweigh the benefit of meeting the noted growing natural gas needs. FERC conditioned the issuance on NGPL’s compliance with 12 environmental provisions listed in the order and their providing of written notice when the contracts for the firm transportation are executed. FERC gave NGPL two years from the date of the order to complete the Project.

 

___________________________________________________

CENTER PROGRAMS & RESOURCES

Understanding the Basics of Children, Minors & Farm Work – The Penn State Center for Agricultural and Shale Law, alongside the Pennsylvania Department of Agriculture’s (PDA) Agricultural Business Development Center (ABDC), will present the next webinar in the Understanding Agricultural Law educational series.

“Complying with the New U.S. Treasury ‘Beneficial Ownership Information’ Filing Requirements,” Brook Duer Presents with SBDC Agriculture Center of Excellence – Center Staff Attorney Brook Duer will present “Complying with the New U.S. Treasury ‘Beneficial Ownership Information’ Filing Requirements,” hosted by the Pennsylvania Small Business Development Center’s Agriculture Center of Excellence.

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks 

AI Helps Researchers Dig Through Old Maps to Find Lost Oil and Gas Wells  (Berkeley Lab)

Rising LNG terminal costs to make new US projects less competitive, says analyst  (Yahoo Finance)

US winter gas stockpile biggest in 8 years, EIA says (E&E News)

$3.5 Billion Deal: EQT and Blackstone Partner on Major Natural Gas Infrastructure and Why This Matters (Rextag)

US O&G industry is serious about methane reduction (Financial Times)

Connect with us on Facebook.

Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.

Oil & Gas Law & Policy Resources:

Bloomberg, Oil Rises on Iran Crude Sanctions, OPEC+ Output Deal Progress (December 3, 2024)

Bloomberg, Oil Holds Hefty Advance on OPEC+ Deal Progress, Iran Sanctions (December 4, 2024)

Sartain, Master Service Agreement Imposes a Ceiling on Indemnity Obligations (November 29, 2024)

Bloomberg, Shell and Equinor to create the UK’s largest independent oil and gas company (December 5, 2024)

Bloomberg, Oil Holds Drop as OPEC+ Decision on Supply Takes the Spotlight (December 5, 2024)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY PRESS RELEASES

Energy Department Announces Long-Term Regional Transmission Planning Support for States (December 4, 2024)

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

FEDERAL EXECUTIVE AGENCIES (Federal Register November 29- December 6, 2024)

Environmental Protection Agency

89 FR 96152 Notice: “Air Plan Approval; Michigan and Minnesota; Revision to Taconite Federal Implementation Plan” (December 4, 2024)

Federal Energy Regulatory Commission

89 FR 96648 Notice: “Columbia Gas Transmission, LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Line 4010 Abandonment Project, and Notice of Public Scoping Session” (December 5, 2024)

89 FR 96959 Notice: “National Fuel Gas Supply Corporation; Notice of Request Under Blanket Authorization and Establishing Intervention and Protest Deadline” (December 6, 2024)

Energy Department

89 FR 94720 Notice: “National Fuel Gas Supply Corporation; Notice of Request for Extension of Time” (November 29, 2024)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 49 – December 7, 2024)

Pennsylvania Public Utility Commission

54 Pa.B. 7834 “Regulations Governing the Public Utility Commission’s General Provisions, 52 Pa. Code Chapters 1, 3, and 5 (relating to Rules of Administrative Practice and Procedure; Special Provisions; and Formal Proceedings)” (December 7, 2024)

 

Written by:
Jasmine Gunning, Research Assistant
Dillon Lightfoot, Research Assistant
Riley Amdor, Research Assistant
Caden Dean-Sauter, Research Assistant
Jose Rojas, Research Assistant
Jackie Schweichler, Staff Attorney