July 10, 2023
Shale Law Weekly Review—Week of July 10, 2023
National Energy Policy: EPA Announces Final Rule on Renewable Fuel Standards ⚡
On June 21, 2023, the Environmental Protection Agency (EPA) announced the final rule on renewable fuel standards under the Renewable Fuel Standard (RFS) program. This rule establishes the applicable volumes and percentage standards for various types of renewable fuels for the years 2023 to 2025 under the Clean Air Act. According to the final rule, this includes “cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel.” This action also speaks to the judicial remand of the 2016 standard-setting rulemaking and introduces regulatory changes to the RFS program, such as the treatment of biogas and other adjustments that will increase the program’s success in the future. The rule will take effect when it is published in the Federal Register, which is yet to be determined.
National Energy Policy: DOE Purchases 3.2 Million Barrels of Crude Oil for Strategic Petroleum Reserve
On June 30, 2023, the United States Department of Energy (DOE) Office of Petroleum Reserves announced that it had finalized four contracts for the purchase of 3.2 million barrels of U.S.-produced crude oil for the Strategic Petroleum Reserve (SPR). The DOE had initially posted a Request for Proposal (RFP) on June 9, 2023, and in response received 28 proposals from 9 companies. According to a June 30, 2023, DOE press release, the contracts are part of the current administration’s effort to replenish the SPR after his release in response to supply chain disruption caused by war in Ukraine. The crude oil is to be delivered to the Big Hill SPR storage site from September 1, 2023, to September 30, 2023.
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.
July 28, 2023, noon–1 pm (ET). Understanding the Basics of USDA Commodity Programs. (Register)
Follow us on Twitter @AgShaleLaw—Top #ShaleLaw HotLinks
Renewable Fuel Standard Final Rule – 2023, 2024, 2025: Increases Short of Expectations [Farm Bureau]
DOE to help distribute methane emissions funds [Argus Media]
Where Do Total Recoverable Oil Reserves Stand? [Rigzone]
Leviathan partners take FID on third natural gas pipeline [OGJ Online]
Rush to Build Carbon Pipelines Leaps Ahead of Federal Rules and Safety Standards [Inside Climate News]
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Penn State Farmland Energy Legal Podcast: Listen to the latest episode here.
Oil & Gas Law & Policy Resources:
Fabiola Zerpa, Venezuela’s $2 Billion Gold Case in UK Sent Back to Lower Court (Jun. 30, 2023)
Antoine De Spiegeleir, The 2022 Qatar World Cup Was Greenwashed: The Swiss Fairness Commission Finds In Favor of Six NGOs Alleging Misleading and Unfair Advertisement by FIFA (Jul. 3, 2023)
CGG, Sercel wins multiple contracts in the Middle East (Jul. 3, 2023)
Yongchang Chin, Oil Edges Higher After Saudi Arabia and Russia Curb Supplies (Jul. 4, 2023)
Sabah Meddings, Billionaire Ratcliffe Sees UK Energy Policy Wrecking Industries (Jul. 6, 2023)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY PRESS RELEASES
Biden-Harris Administration Announces $45 Million to Boost Domestic Solar Manufacturing (Jul. 6, 2023)
Biden-Harris Administration Invests Over $200 Million in States and Tribal Nations to Modernize America’s Electrical Grid (Jul. 6, 2023)
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
$10 Million Grant Opportunity to Enhance Environmental Justice in New England Communities (Jul. 3, 2023)
EPA Proposes Updates to Greenhouse Gas Emissions Reporting Requirements for the Oil and Gas Sector (Jul. 6, 2023)
FEDERAL EXECUTIVE AGENCIES (Federal Register Jun. 30 – Jul. 6, 2023)
Environmental Protection Agency
88 FR 42361 Notice – Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Importation of On-Highway Vehicles and Motorcycles and Nonroad Engines, Vehicles, and Equipment (Renewal)” (Ju. 30, 2023)
88 FR 42360 Notice – Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NSPS for VOC Emissions From Petroleum Refinery Wastewater Systems (Renewal)” (Jun. 30, 2023)
88 FR 42939 Notice – Comment Period: “Proposed Information Collection Request; Comment Request; Registration of Fuels and Fuel Additives-Health-Effects Research Requirements for Manufacturers; EPA ICR No. 1696.11, OMB Control No. 2060-0297” (Jul. 5, 2023)
88 FR 42933 Notice – Comment Period: “Alternative Methods for Calculating Off-Cycle Credits Under the Light-Duty Vehicle Greenhouse Gas Emissions Program: Applications From Ford Motor Company” (Jul. 5, 2023)
Federal Energy Regulatory Commission
88 FR 42352 Notice: “Combined Notice of Filings (Natural Gas & Oil Pipeline Rate and Refund Report)” (Jun. 30, 2023)
88 FR 42704 Notice: “Combined Notice of Filings (Natural Gas & Oil Pipeline Rate and Refund Report)” (Jul. 3, 2023)
88 FR 42932 Notice: “Office of Public Participation Fundamentals for Participating in FERC Matters; Supplemental Notice of Virtual Workshop: WorkshOPP on “Public Participation in the Natural Gas Pre-Filing Review Process”” (Jul. 5, 2023)
88 FR 42928 Notice: “Port Arthur LNG, LLC, PALNG Common Facilities Company, LLC; Notice of Amendment of Authorization and Establishing Intervention Deadline” (Jul. 5, 2023)
88 FR 42926 Notice: “Combined Notice of Filings (Natural Gas & Oil Pipeline Rate and Refund Report)” (Jul. 5, 2023)
Energy Department
88 FR 42350 Notice: “Industry Day-Expanding Clean Energy Generation on DOE Lands” (Jun. 30, 2023)
88 FR 42703 Notice: “Secretary of Energy Advisory Board” (Jul. 3, 2023)
National Resource Revenue Office
88 FR 42102 Notice: “Agency Information Collection Activities; Suspensions Pending Appeal and Bonding” (Jun. 29, 2023)
Tennessee Valley Authority
88 FR 42416 Notice – Comment Period: “Cheatham County Generation Site Environmental Impact Statement” (Jun. 30, 2023)
Fish and Wildlife Service
88 FR 42661 Proposed Rule – Comment Period: “Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Dunes Sagebrush Lizard”
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.4437 “To require the Comptroller General of the United States to conduct a study to evaluate any adverse effects of electric vehicles on United States infrastructure, and for other purposes.” Referred to the House Committee on Energy and Commerce. (Jun. 30, 2023)
U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE
S.2202 “A bill to amend the Omnibus Public Land Management Act of 2009 to authorize the modification of transferred works to increase public benefits and other project benefits as part of extraordinary operation and maintenance work, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (Jun. 22, 2023)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 26—Jul. 1, 2023)
Department of Envrionmental Protection
53 Pa.B. 3417 Notice: “APPLICATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS UNDER THE CLEAN STREAMS LAW AND FEDERAL
CLEAN WATER ACT”
Energy Develoment Authority
53 Pa.B. 3491 Notice: “Board Meeting”
Public Utility Commission
53 Pa.B. 3495 Notice: “Natural Gas Service”
PENNSYLVANIA LEGISLATURE
SB 198 “An Act amending the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act, further providing for definitions and for jurisdiction.”
Referred to ENVIRONMENTAL RESOURCES AND ENERGY (Jun. 22, 2023).
Written By:
Lonzie Helms, Research Assistant
Josh Narey, Research Assistant
Mary Johnson, Research Assistant
Jackie Schweichler, Staff Attorney
