Shale Law Weekly Review – Week of July 26, 2021

Critical Infrastructure: Department of Homeland Security Issues New Directive to Address Pipeline Cybersecurity Risks ⚡
On July 20, 2021, the Department of Homeland Security issued a press release announcing new security directives for critical pipeline operators and facility owners. According to the text of the directive, the new measures have been created as a direct response to the cyber-attack that temporarily shut down the Colonial Pipeline. The purpose of the directive is to increase cybersecurity measures to protect critical pipeline infrastructure and ensure the uninterrupted supply of natural gas and other petroleum products. Under the new directive, pipeline operators must employ technical protections to their information and operation systems. They must also create a “cybersecurity contingency and recovery plan” and perform a review of their current cybersecurity systems.  This directive follows an earlier directive issued May 27, 2021, which requires pipeline operators to assign a “Cybersecurity Coordinator” and to “immediately report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency.” Security Directive Pipeline-2021-01.

Shale Law/Policy Resources of Interest:

John McFarland, Christi Craddick and the February Freeze (July 19, 2021).

AGENCY PRESS RELEASES – STATE/FEDERAL

Pennsylvania Department of Environmental Protection

DEP Issues Code Orange Air Quality Action Day for Fine Particulate Matter for Wednesday, July 21, 2021, in Multiple Areas of Pennsylvania (July 20, 2021).

DEP Issues Code Orange Air Quality Action Day for Fine Particulate Matter for Tuesday, July 20, 2021, in Multiple Areas of Pennsylvania (July 19, 2021).

U.S. Department of Energy

DOE Announces $73 Million for Materials and Chemical Sciences Research to Advance Quantum Science and Technology (July 23. 2021).

DOE Announces $11 Million to Study Critical Ecosystems and Improve Climate and Earth System Modeling (July 22, 2021).

DOE Announces $127 Million for Small Business Research and Development Grants (July 20, 2021).

DOE Finds Strong Opportunity for Job Growth in Energy Sector Post-Pandemic (July 19, 2021).

U.S. Environmental Protection Agency

U.S. and Canada Sign New Agreement to Address Building Energy Efficiency and Emissions (July 20, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 51, No. 29—July 24, 2021)

51 Pa.B. 4037 Notice, Executive Order: “Notice of Minimum Wage Increase under Executive Order 2016-02 Amended, Establishing a Minimum Wage for Employees of the Commonwealth and of Organizations Receiving State Contracts.”

51 Pa.B. 4032 Notice, Request for Comment: “Draft Revised Water Quality Assessment Methodologies; Available for Public Comment.”

Pennsylvania Legislature

HB 1565 “An Act amending the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, further providing for definitions, for fees and for disposition of fees, fines and civil penalties, providing for disposition of auction proceeds from CO2 Budget Trading Program, for clean air fund accounts, for the Energy Communities Trust Fund and for Environmental Justice Communities Trust Fund” Referred to Environmental Resources and Energy [House] (July 20, 2021).

Upcoming Environmental Resources and Energy Meeting “Voting meeting on a letter to IRRC disapproving of Reg#7-559 regarding a CO2 Budget Trading Program (RGGI) and any other business that may come before the committee.” (Meeting on July 27, 2021).

Upcoming Environmental Resources and Energy Meeting “Informational meeting on Cybersecurity in the PJM electric region.” (Meeting on July 28, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register July 19–July 23, 2021):

Bureau of Safety and Environmental Enforcement

86 FR 39055 Notice: “Programmatic Environmental Impact Statement for Oil and Gas Decommissioning Activities on the Pacific Outer Continental Shelf” (July 23, 2021).

Energy Department

86 FR 38702 Notice: “Application to Export Electric Energy; North Star Electric Cooperative” (July 22, 2021).

86 FR 38699 Notice: “Application for Presidential Permit; North Star Electric Cooperative [Permit to construct, operate, and maintain electric transmission line across the U.S.-Canada border]” (July 22, 2021).

Environmental Protection Agency

86 FR 39018 Notice: “Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Bulk Gasoline Terminals (Renewal)” (July 23, 2021).

86 FR 38074 Notice: “Proposed Consent Decree, Clean Air Act Citizen Suit [suit against EPA for failure to address objections to certain permits in Texas]” (July 19, 2021).

Federal Energy Regulatory Commission [Note: SLWR No Longer Contains Combined Filings]

86 FR 39016 Notice: “Basin Electric Power Cooperative and North Iowa Municipal Electric Cooperative Association v. Southwest Power Pool, Inc.; Notice of Complaint” (July 23, 2021).

86 FR 38711 Notice: “Tennessee Gas Pipeline Company, LLC; Southern Natural Gas Company, LLC; Notice of Availability of the Draft Environmental Impact Statement for the Proposed Evangeline Pass Expansion Project” (July 22, 2021).

86 FR 38474 Notice: “Freeport LNG Development, L.P.; FLNG Liquefaction, LLC; FLNG Liquefaction 2, LLC; FLNG Liquefaction 3, LLC; Notice of Application and Establishing Intervention Deadline [Application to increase Production” (July 21, 2021).

86 FR 38337 Notice: “Commonwealth LNG, LLC; Notice of Application for Amendment and Establishing Intervention Deadline” (July 20, 2021).

86 FR 38328 Notice: “Pacific Gas & Electric Company; Notice of Authorization for Continued Project Operation” (July 20, 2021).

86 FR 38339 Notice: “Modernizing Electricity Market Design; Notice of Technical Conferences Regarding Energy and Ancillary Services Markets [Conferences Sept. 14 and Oct. 12]” (July 20, 2021).

86 FR 38073 Notice: “CenterPoint Energy Resources Corp.; Summit Utilities Arkansas, Inc.; Notice of Application and Establishing Intervention Deadline [Service Area Alterations]” (July 19, 2021).

Justice Department

86 FR 38127  Notice: “Notice of Lodging of Proposed Consent Decree Under the Oil Pollution Act [Loss of Natural Resources Through Unpermitted Discharge of Oil]” (July 19, 2021).

Ocean Energy Management Bureau

86 FR 38557 Final Rule: “Maximum Daily Civil Penalty Amounts for Violations of the Federal Oil and Gas Royalty Management Act” (July 22, 2021).

House Energy and Commerce Committee Actions:

H.R.4676 “To provide financial assistance to States and Indian Tribes for the development, implementation, improvement, or expansion of a flex-tech energy program to enhance manufacturing competitiveness, and for other purposes.” Referred to the House Committee on Energy and Commerce (July 22, 2021).

H.R.2467 “PFAS Action Act of 2021 [[requires designation of ‘per- and polyfluoroalkyl substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980]” Received in the Senate and Read twice and referred to the Committee on Environment and Public Works (July 22, 2021).

H.R.4556 “To direct the Federal Energy Regulatory Commission to find that certain rates for electricity are inherently unjust and unreasonable, and for other purposes.” Referred to the House Committee on Energy and Commerce (July 20, 2021).

Senate Energy and Natural Resources Committee:

H.R.2928 “Cyber Sense Act of 2021 [‘This bill requires the Department of Energy to establish a voluntary Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system.’ – H. Rept. 117-92]” Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources (July 21, 2021).

H.R.2931 “Enhancing Grid Security through Public-Private Partnerships Act – H. Rept. 117-93” Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources (July 20, 2021).

H.R.3119 “Energy Emergency Leadership Act [‘requires the Secretary of Energy to assign energy emergency and energy security functions to an Assistant Secretary’ – H. Rept. 117-94]” Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources (July 20, 2021).

S.2394 “A bill to achieve domestic energy independence by empowering States to control the development and production of all forms of energy on all available Federal land.” Read twice and referred to the Committee on Energy and Natural Resources (July 20, 2021).

S.2377 “Energy Infrastructure Act [Investment in energy and natural resources including updates of infrastructure and cybersecurity improvements]” Placed on Senate Legislative Calendar under General Orders. Calendar No. 104 (July 19, 2021).

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks July 19–July 23, 2021:

TSA Issues Second Security Directive to Secure Pipelines Against Cyberattacks, The Hill

Whistleblowers Say ‘Bad Seeds’ Undermine Pipeline Safety, E&E News

EU versus US: Investing in Oil, Gas and Renewables, Hart Energy

China Hacking Threat Prompts Rare U.S. Pipeline Warning, E&E News

Cities Try to Phase Out Gas Stoves—But Cooks Are Pushing Back, Wall Street Journal

Emissions Will Hit Record High by 2023 if Green Recovery Fails, Says IEA, The Guardian

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Written by:
Noah Gochnauer, Research Assistant
Audry Thompson, Research Assistant
Jackie Schweichler, Staff Attorney