Letters & Comments

Independent producers drill about 95 percent of American oil and natural gas wells, produce about 54 percent of American oil, and more than 85 percent of American natural gas. Many of their activities require federal permits, and thus are subject to the requirement that they not be conducted in such a way as to be likely to result in the “destruction or adverse modification” of any habitat that has been designated as critical for a listed species under the Endangered Species Act (ESA). For the reasons explained in detail below, IPAA in cooperation with the aforementioned associations request the proposed changes to the definition of “destruction or adverse modification” not be adopted.

The government can and should take steps to ensure greater safety without stalling the energy renaissance that is creating good jobs, growing our economy and improving America’s energy security. New proposals for safety improvements should be data-driven, involve all stakeholders and produce measurable improvements to safety without creating new risks, or inadvertently shifty the risks to other businesses or operations.

The American Exploration and Production Council (AXPC) and Independent Petroleum Association of America (IPAA) appreciate the opportunity to provide input and comment on the Environmental Protection Agency’s (EPA’s) Advanced Notice of Proposed Rulemaking (ANPR) under 40 CFR Chapter I, Subchapter R, under the Toxic Substances Control Act (TSCA) on Hydraulic Fracturing Chemicals and Mixtures, published May 19, 2014 . While the ANPR is broad in scope and in information requested, these comments will focus specifically on three specific areas: that (1) due to the availability of FracFocus and other authorities, there is no demonstrated necessity for EPA to use TSCA authority to acquire the information discussed in the ANPR, (2) without such necessity TSCA does not authorize new reporting requirements and (3) TSCA should not apply to the use of chemicals in fracturing because producers are not putting the products into commerce.

The Independent Petroleum Association of America (IPAA) represents 9,000 independent oil and gas companies across the United States. Independent producers drill about 95 percent of American oil and natural gas wells, produce about 54 percent of American oil, and more than 85 percent of American natural gas. The National Ocean Industries Association (NOIA) is the only national trade association representing all segments of the offshore industry with an interest in the exploration and production of both traditional and renewable energy resources on the U.S. Outer Continental Shelf (OCS). The NOIA membership comprises more than 320 companies engaged in a variety of business activities, including production, drilling, engineering, marine and air transport, offshore construction, equipment manufacture and supply, telecommunications, finance and insurance, and renewable energy.

The following comments are provided on behalf of the American Petroleum Institute and the Independent Petroleum Association of America in response to the re-opened comment period for the proposed rule to List the Eastern Small Footed Bat and the Northern Long-Eared Bat as Endangered or Threatened Species; Listing the Northern Long-Eared Bat as an Endangered Species (78 Fed. Reg. 60146).

These comments are submitted by the Independent Petroleum Association of America (IPAA). IPAA is a national trade association that represents thousands of oil and natural gas producers, as well as the service and supply industries, across the United States. Independent producers develop 95 percent of American oil and gas wells, produce 68 percent of American oil, and produce 82 percent of American natural gas. IPAA is dedicated to ensuring a strong, viable domestic oil and natural gas industry, recognizing that an adequate and secure supply of energy is essential to the national economy. The proposed Policy was in which the collection of information was described was published at 79 FR 42525 on July 22, 2014.

The Independent Petroleum Association of America, Independent Oil and Gas Association of West Virginia, Inc., Kentucky Oil & Gas Association, Inc., Pennsylvania Independent Oil & Gas Association, Ohio Oil and Gas Association, Illinois Oil and Gas Association, Indiana Oil and Gas Association, and the Virginia Oil and Gas Association (collectively, the “Independent Producers”) appreciate the opportunity to submit comments on the proposed rule entitled “Oil and Natural Gas Sector: Reconsideration of Additional Provisions of New Source Performance Standards” and published in the Federal Register on July 7, 2014 (79 Fed. Reg. 41752).

IPAA, API, WEA and the U.S. Oil and Gas Association recently sent a letter to Senate Energy and Natural Resources Chairwoman Mary Landrieu (D-LA) urging the committee to pass S. 2440, which would reauthorize and reform a pilot program aimed at speeding up oil and gas permitting on federal lands.

The Waters Advocacy Coalition sent a letter to Senate appropriators urging their support of the Hoeven-Johanns Waters of the United States amendment to the Fiscal Year 15 Senate Energy and Water Appropriations bill.