February 18, 2024

Shale Law Weekly Review—Week of February 19, 2024

Air Quality: EPA Bolsters Soot Pollution Standards Following Air Quality Concerns ⚡
On Tuesday, February 7, 2024, the Environmental Protection Agency (EPA) published a final rule with new Particulate Matter (PM) standards that were decided on after reconsidering the 2020 National Ambient Air Quality Standards (NAAQS). As stated in the document, the EPA has revised the NAAQS by decreasing the standard for fine particulate matter (PM2.5), otherwise known as soot, from 12 micrograms per cubic meter to 9 micrograms per cubic meter. The EPA explains that this newly lowered standard was agreed upon after reviewing extensive scientific research on the health impacts of continued PM2.5 exposure contained in the 2019 Integrated Science Assessment and other more recent documents involving case studies and quantitative risk assessments. These reports indicated that long-term PM2.5 exposure can result in several physiological problems, such as cardiovascular, respiratory, and nervous system affects, cancer, and death. After reviewing these reports, the EPA determined that by lowering the PM2.5 standard, premature deaths could be avoided and public health could be improved, “yielding up to $46 billion in net health benefits in 2032” according to an EPA Press Release.

GHG Emissions: DOE Allocates Funding to Industrial Decarbonization
On January 25, 2024, the Department of Energy (DOE) announced that $254 million in funding will be directed to industrial decarbonization efforts. This announcement aligns with the agenda of the DOE’s Industrial Decarbonization Roadmap, which is a product of the Biden Administration’s goal of a “net-zero emissions economy by 2050.” The funding will be split, with $171 million for use in industrial greenhouse gas reduction projects led by DOE National Laboratories, non-profit organizations, academic institutions, and private industry. The 49 designated projects will span 21 states and develop decarbonization technology in multiple areas of industry. The remaining $83 million will be open to applicants with projects seeking to target the 30% of U.S. carbon emissions that come from “hard-to-decarbonize” industries. The DOE states that the ultimate goals of this investment are to lower technology costs, improve energy efficiency, and to strengthen the U.S. workforce by becoming more competitive in the manufacturing and industrial sectors.

Induced Seismicity: The Oklahoma Corporation Commission’s Oil and Gas Conservation Division Responds to the 5.1 Magnitude Earthquake
On February 3 and 7, 2024, the Oklahoma Corporation Commission’s Oil and Gas Conservation Division (Division) issued directives to disposal well operators in Prague, Lincoln County, following a 5.1 magnitude earthquake. The February 3 directive tasked operators within 10 miles of the area who are also authorized to dispose in the Arbuckle formation to begin a gradual shutdown. The Division emphasized a gradual shutdown to avoid triggering further seismic activity. The February 7 directive additionally charged operators “within 3 miles of the earthquake epicenter and with a depth below the Woodford formation” to begin gradual shutdowns. Additionally, the directive announced that no new permits would be issued for disposal within a six-mile radius of the earthquake’s origin for disposal deeper than the Woodford formation. The gradual shutdowns described in both directives are to be completed by February 17, 2024. The Division noted that wastewater disposal into deeper formations has been linked to seismic activity across the state.

 

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CENTER PROGRAMS & RESOURCES

Understanding Agricultural Law – A free monthly Zoom webinar series for all agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. Recordings and materials from the series, more information, and registration available here.

On March 2, 2024, from 9:00am–2:00pm, Eastern Snyder County will hold a Child Safety Awareness Meeting. From 9:00–10:00am, Staff Attorney Brook Duer will speak about on-farm negligence, gross negligence, and liability issues as part of the meeting located at the Snyder Co. Produce Auction, 6130 Susquehanna Trail Port, Trevorton, PA 17864.

On March 6, 2024, the Center for Agricultural and Shale Law will join the SBDC Agriculture Center of Excellence, and Penn State Extension to host an agritourism webinar, “Agritourism and On-Farm Markets & Events: Planning for Your Success in 2024.” Staff Attorney Jackie Schweichler will give a presentation on “Legal Considerations for Agritourism Operations.”

On Wednesday, March 6, 2024, from 9:00am–1:00pm, the PA Agricultural Ombudsman Program, in collaboration with the Penn State Center for Agricultural and Shale Law, Penn State Extension, and the Blair County Conservation District, will present “ACRE Law 101: Agriculture, Local Regulations, and Nutrient Management” at the Liberty Room in the US Hotel Tavern in Hollidaysburg, Pennsylvania. Guest speakers will be Robert Willig, Senior Deputy Attorney General for the Pennsylvania Office of the Attorney General, and Robb Meinen, Assistant Research Professor with Penn State Extension, joined by Brook Duer, Center Staff Attorney.

On March 8–9, 2024, Penn State Extension will host “Beginning Farmer Intensive: Land, Law, and Transition” at the Inn at Leola Village. On March 9, 2024, from 11:15pm–noon and 12:45pm–1:30pm, Staff Attorney Brook Duer will present “Legal and Tax Structures for Business and Land Ownership” as part of the program.

On March 15, 2024, from 2:00–4:00 pm (ET), Penn State Extension will present “Exploring Succession and Estate Planning: A Panel Discussion.” At 2:25pm, Brook Duer will present “Pros and Cons of Various Transition Methods/Tools” as part of the panel.

Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks 

USDA injects $19 million into biofuels infrastructure (AGWEEK)

DEP starting emergency project to plug 2 leaking abandoned gas wells in Allegheny County (WXPI)

U.S. natural gas consumption established a new daily record in January 2024 (EIA)

DOE expects LNG export review to take months, legal action possible (Oil & Gas Journal)

North Dakota regulators to consider gas-to-liquids facility; Cerilon plans $3B project near Williston (Bismark Tribune)

Connect with us on Facebook.

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

Oil & Gas Law & Policy Resources:

Bookman, Smith v Fonterra: A Common Law Climate Litigation Breakthrough (February 12, 2024)

Sartain, A Breach of Fiduciary Duty in the Oil Patch (February 13, 2024)

Bloomberg, Strike Energy Plunges as Much as 31% Due to Problems at Gas Well (February 13, 2024)

Bloomberg, Oil Holds Large Gain as Equity Market Surge Eclipses IEA Warning (February 16, 2024)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. DEPARTMENT OF ENERGY PRESS RELEASES

Biden- Harris Administration Invests $60 Million to Expand Clean, Renewable Geothermal Energy (February 13, 2024)

DOE Announces Second Annual Equity Action Plan (February 14, 2024)

Biden-Harris Administration Announces $63 Million to Accelerate Electric Heat Pump Manufacturing Across America as Part of Investing in America Agenda (February 14, 2024)

Biden-Harris Administration Invests $17 Million to Strengthen Nation’s Critical Minerals Supply Chain (February 15, 2024)

International Energy Agency 50th Anniversary Achieves Breakthroughs on Civil Nuclear, Outreach to India, and Momentum Toward Global Goal on Energy Storage (February 16, 2024)

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

Biden-Harris Administration announces nearly $83 million in funding to expand air quality monitoring across the nation as part of Investing in America agenda (February 16, 2024)

EPA Air Permit Advances New York Offshore Wind Farm Project (February 15, 2024)

EPA seeks input on new program to label cleaner construction materials as part of President Biden’s Investing in America agenda (February 15, 2024)

EPA releases 2023 power plant emissions data (February 15, 2024)

EPA releases 2023 update to Equity Action Plan, outlines new commitments to advance equity (February 14, 2024)

EPA to hold webinars on final rule to reduce methane from oil and natural gas operations (February 14, 2024)

Apache Corporation to pay $4 million and reduce unlawful air pollution from oil and gas wells in New Mexico and Texas, eliminating more than 10,000 tons of harmful air pollutants annually (February 13, 2024)

EPA Settles with Shipping Company over Claims of Clean Water Act Violations (February 12, 2024)

FEDERAL EXECUTIVE AGENCIES (Federal Register February 10– February 16, 2023)

Environmental Protection Agency

89 FR 12666: Proposed Rule, Comments Close 5/16/24: “Supplemental Air Plan Actions: Interstate Transport of Air Pollution for the 2015 8-Hour Ozone National Ambient Air Quality Standards and Supplemental Federal “Good Neighbor Plan” Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standards” (February 16, 2024)

Energy Department

89 FR 11434: Rule: “Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products” (February 14, 2024)

Other Agencies

89 FR 12381: Notice: “Notice of Lodging of Proposed Consent Decree Under the Clean Air Act” (February 16, 2024)

89 FR 11703: Rule: “Small Business Size Standards: Adjustment of Alternative Size Standard for SBA’s 7(a) and CDC/504 Loan Programs for Inflation; and Surety Bond Limits: Adjustments for Inflation” (February 15, 2024)

89 FR 11342: Rule: “Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Empire Wind Project, Offshore New York” (February 14, 2024)

89 FR 10155: Notice, Comments Close 4/9/24: “Office of the Chief Financial Officer and Assistant Secretary for Budget and Programs; U.S. Department of Transportation Learning Agenda Supplement: Fiscal Years 2024-2026″ (February 13, 2024)

U.S. HOUSE ENERGY AND COMMERCE COMMITTEE

H.R.7348: “To interconnect the Electric Reliability Council of Texas to its neighbors, and for other purposes.” Referred to the House Committee on Energy and Commerce. (February 14, 2024)

H.Res.987 “Denouncing the harmful, anti-American energy policies of the Biden administration, and for other purposes.” Rule H. Res. 994 failed passage of House. (February 14, 2024)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 7 – February 17, 2024)

Department of Environmental Protection

54 Pa.B. 743: Notices: “Applications, Actions and Special Notices”

Pennsylvania Public Utility Commission

54 Pa.B. 882: Notices: “Pennsylvania Public Utility Commission, Bureau of Investigation and Enforcement v. Peoples Natural Gas Company LLC”

52 Pa.B. 904: Notices: “Petition of Williams Companies, Inc. for Declaratory Order; Doc. No. P-2023-3041485″

Pennsylvania Legislature

HB 2022: “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for well permits.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY [House] (February 9, 2024)

 

Written by:
Kendal Ashman, Research Assistant
Kole Zellers, Research Assistant
Dillon Lightfoot, Research Assistant
Jasmine Gunning, Research Assistant
Sergio Porras, Research Assistant
Jackie Schweichler, Staff Attorney