Independent Producers’ Comments Re: Environmental Protection Agency’s Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Reconsideration at 83 Federal Register 52,056 (October 15, 2018)Letters and Comments Dec 17, 2018
The Independent Producers have participated individually or through the Independent Producers in most, if not all, of the rulemakings and associated litigation since the Environmental Protection Agency (“EPA” or “Agency”) proposed to revise the New Source Performance Standards (“NSPS”) for the Oil and Natural Gas Sector in August 2011. 76 Fed. Reg. 52,738 (Aug. 23, 2011).1 While many of the Independent Producers represent companies that engage in large volume hydraulic fracturing with horizontal legs, often referred to as unconventional drilling, a significant portion of their membership is comprised of smaller, family run operations that engage in some form of hydraulic fracturing, involving vertical wells without horizontal legs, referred to as conventional oil or gas wells. Many of the individual members constitute as small businesses under the Small Business Regulatory Enforcement Fairness Act of 1996. From the beginning of these rulemakings, the Independent Producers have tried to illustrate to the EPA that their “one-size-fits-all” approach to regulating this industry is a) inappropriate and b) disproportionally impacts conventional operations and small businesses.