November 16, 2021

Shale Law Weekly Review—Week of November 15, 2021

GHG Emissions: The U.S. Environmental Protection Agency (EPA) Proposes New Rule Reviewing GHG Emissions Standards from the Oil and Gas Industry
On November 15, 2021, the U.S. Environmental Protection Agency (EPA) issued in the Federal Register a proposed rule, titled “Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review” (86 FR 63110). This proposed rule is consistent with President Joe Biden’s Executive Order “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” and would limit greenhouse gas emissions from the Crude Oil and Natural Gas source category. Among other thing, the rule would review the new source performance standards (NSPS) for GHGs and volatile organic compounds (VOCs) for the Crude Oil and Natural Gas source category and would propose emission guidelines for states to use when preparing plans to limit GHGs from existing sources in the Crude Oil and Natural Gas source category.

Shale Law/Policy Resources of Interest:

Euan Strachan & Paul Greening, Singapore: COP26 and Creating a Center for Carbon Trading (November 10, 2021).

Korey Silverman-Roati, Week One at COP26: Developments and Takeaways (November 9, 2021).

Charles Sartain and Brittany Blakey, Addendum Prevails over Form … Again (November 9, 2021).

AGENCY PRESS RELEASES – STATE/FEDERAL

Pennsylvania Department of Environmental Protection

DEP and PennDOT Seek Volunteers to “Pick Up Pennsylvania” to Benefit Streams, Rivers, and Lakes (November 10, 2021).

U.S. Department of Energy

DOE Fact Sheet: The Bipartisan Infrastructure Deal Will Deliver for American Workers, Families and Usher in the Clean Energy Future (November 9, 2021).

DOE Announces $45 Million in Carbon Storage Technologies for Building Materials (November 8, 2021).

U.S. Environmental Protection Agency

EPA settlement with Phillips 66 Carson Refinery over hazardous waste storage includes over $87,000 in penalties (November 9, 2021).

FACT SHEET: EPA & The Bipartisan Infrastructure Deal (November 6, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices (Pa. Bulletin Vol. 51, No. 46—November 13, 2021)

Department of Conservation and Natural Resources

51 Pa.B. 7057 Notice: “Conservation and Natural Resources Advisory Council Public WebEx Meeting [November 17, 10 a.m.].”

Pennsylvania Legislature

HB 668 “An Act amending. . . the Surface Mining Conservation and Reclamation Act, further providing for Mining and Reclamation Advisory Board [‘Adding Coal Refuse Energy Member’].” Referred to Environmental Resources and Energy [Senate] (November 10, 2021).

HB 637 “An Act authorizing the Department of Environmental Protection to conduct a public comment process on and submit to the General Assembly a measure or action intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee on carbon dioxide emissions.” Laid on the table [House] (November 10, 2021).

HR 74 “”A Resolution directing the Legislative Budget and Finance Committee to conduct a study and issue a report on the current status, management and benefits of conservation corridors in this Commonwealth.” Re-Referred to Transportation [House] (November 10, 2021).

SB 525 “An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in environmental stewardship and watershed protection, further providing for legislative findings, for fund and for agencies.” Re-Referred to Appropriations [Senate] (November 10, 2021).

HB 2075 “An Act providing for the abrogation of regulations relating to the Pennsylvania Heavy-Duty Diesel Emissions Control Program and for the applicability of Federal standards.” Referred to Environmental Resources and Energy [House] (November 10, 2021).

HB 1465 “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for well location restrictions [Increasing Setback Distances from Certain Properties and Features].” Referred to Environmental Resources and Energy [House] (November 9, 2021).

HR 148 “A Resolution urging the United States Environmental Protection Agency (EPA). . . to revise the nationwide Renewable Fuel Standard (“RFS”) updating volume mandates to provide relief to refiners in Pennsylvania, the East Coast and elsewhere, and to implement additional reforms going forward which will allow for the blending of renewable fuels consistent with the original intention of the RFS program, while containing costs for independent refiners.” Adopted (192-8) [House] (Nov. 8, 2021).

Upcoming Meeting: House Environmental Resources and Energy Meeting on Monday, November 15, 2021.

Upcoming Meeting: Senate Environmental Resources and Energy Meeting on Wednesday, November 17, 2021.

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register November 8 – November 12, 2021 [Except Veterans Day, November 11]):

Environmental Protection Agency

86 FR 62736 Rule: “Change of Submissions for CERCLA Section 103 Continuous Release Reports to the Appropriate EPA Headquarters Office” (November 12, 2021).

86 FR 62529 Notice: “Proposed Information Collection Request; Comment Request; Information Collection Request Submitted to OMB for Review and Approval; Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal), EPA ICR No. 1630.13, OMB Control No. 2050-0135″ (November 10, 2021).

Federal Energy Regulatory Commission

86 FR 62801 Notice: “Golden Pass Pipeline Company, LLC; Notice of Intent to Prepare an Environmental Impact Statement for the Proposed MP66-69 Compression Relocation and Modification Amendment and the Proposed MP33 Compressor Station Modification Amendment and Request for Comments on Environmental Issues” (November 12, 2021).

86 FR 62808 Notice: “Kern River Gas Transmission Company; Notice of Availability of the Draft Environmental Impact Statement for the Proposed Delta Lateral Project” (November 12, 2021).

86 FR 62805 Notice: “Gas Transmission Northwest LLC; Notice of Schedule for the Preparation of an Environmental Assessment for the Coyote Springs Compressor Station Project” (November 12, 2021).

86 FR 62163 Notice: “Golden Pass LNG Terminal LLC, Golden Pass Products LLC; Notice of Amendment of Authorizations and Establishing Intervention Deadline [Increases to Volume and Hours of Operation]” (November 10, 2021).

Land Management Bureau

86 FR 62840 Notice: “Filing of Plats of Survey: Alaska [Copper River Meridian and Seward Meridian]” (November 12, 2021).

Pipeline and Hazardous Materials Safety Administration

86 FR 61731 Proposed Rule: “Hazardous Materials: Suspension of HMR Amendments Authorizing Transportation of Liquefied Natural Gas by Rail” (November 9, 2021).

State Department

86 FR 62860 Notice: “Notice of Public Meeting in Preparation for International Cybercrime Treaty Negotiations [Meeting on November 17, 2021]” (November 12, 2021).

Susquehanna River Basin Commission

86 FR 62866 Notice: “Projects Approved for Consumptive Uses of Water [for October]” (November 12, 2021).

House Energy and Commerce Committee Actions:

H.R.5965 “To direct the Secretary of Energy to establish a pilot program to enter into contracts for payment of costs associated with using eligible hydrogen, and for other purposes.” Referred to the House Committee on Energy and Commerce (November 12, 2021).

H.R.3684 “Infrastructure Investment and Jobs Act” Presented to President (November 8, 2021).

Senate Energy and Natural Resources Committee:

See H.R.3684 above.

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks November 6–November 12, 2021:

White House Says It Isn’t Considering Enbridge Pipeline Shutdown, Bloomberg

Gas Industry Pans Permit Program Meant to Encourage Extra Environmental Stewardship, Pittsburgh Post-Gazette

Race Is On To Frack Shale Fields Before Costs Jump in 2022, Bloomberg

U.S. and China Unveil Deal to Ramp up Cooperation on Climate Change, Reuters

OPEC+ Holds Firm on Current Oil Production Plan, Oil & Gas Journal

U.S. Should Have Enough Gas to Avert an Energy Crisis Like Europe’s This Winter, Bloomberg

White House: US Will Discuss Michigan Pipeline with Canada, Associated Press

GE’s Three-Way Split to Shake Up Renewables, Hydrogen, E&E News