Letters & Comments

Letters and Comments Jun 7, 2019

Re: Comments of the American Petroleum Institute, the American Exploration & Production Council, the Association of Oil Pipe Lines, the Independent Petroleum Association of America, the Domestic Energy Producers Alliance, and the Marcellus Shale Coalition in Response to the Environmental Protection Agency’s Request for Comments on the Interpretative Statement on Application of the Clean Water Act Discharge Elimination System Program to Releases of Pollutants From a Point Source to Groundwater; EPA-HQ-OW-2019-0166.

Dear Sir/Madam:
This letter provides comments from the American Petroleum Institute (“API”), Association of Oil Pipe Lines (“AOPL”), American Exploration & Production Council (“AXPC”), Independent Petroleum Association of America (“IPAA”), Domestic Energy Producers Alliance (“DEPA”), and the Marcellus Shale Coalition (“MSC”) (collectively, “the Associations”), responding to the Environmental Protection Agency’s (“EPA’s” or “The Agency’s”) Request for Comments on the Interpretative Statement on Application of the Clean Water Act (“CWA” or “the Act”) Discharge Elimination System Program to Releases of Pollutants From a Point Source to Groundwater (“Interpretative Statement”).1 The Associations appreciate both EPA’s efforts to provide long overdue clarification on the scope of the CWA’s National Pollution Discharge Elimination System (“NPDES”) program and the Agency’s commitment to pursue that clarity through transparent
stakeholder engagement.

Letters and Comments May 24, 2019

Re: Comments on Clean Water Act Section 401 Water Quality Certification Rulemaking [Docket ID No. EPA-HQ-OW-2018-0855]

To whom it may concern:

The Independent Petroleum Association of America (“IPAA”) submits the following comments for pre-proposal recommendations on the forthcoming Clean Water Act (“CWA”) Section 401 Water Quality Certification rulemaking and guidance from the U.S. Environmental Protection Agency (“EPA”).

IPAA represents the thousands of companies that drill 95 percent of America’s onshore and offshore oil and natural gas wells. America’s independents produce 54 percent of American oil and produce 85 percent of American natural gas.  While most IPAA members will not apply directly for a Sec. 401 permit, our members are affected by the process.  When some states misuse their authority as part of a cooperative process, permits are denied and needed infrastructure to transport natural gas is not built….

Infrastructure, Letters and Comments Apr 15, 2019

In an April 15 letter, the members of the Natural Gas Council (NGC)- AGA, API, IPAA, INGAA and NGSA-urged President Trump to nominate new Commissioners to fill the current vacancy and the forthcoming vacancy at the Federal Energy Regulatory Commission (FERC) as soon as possible.

FERC serves the critical role of approving construction of interstate natural gas pipelines and storage facilities, and is the lead federal agency for coordinating all federal authorizations for such projects. FERC currently has only four commissioners, which creates the potential for a 2-2 deadlock in voting on certificate applications. Commissioner Cheryl LaFleur’s term is set to expire this summer, which will create a second vacancy.

The NGC letter expressed thanks for issuance of the Executive Orders on April 10, 2019, aimed at speeding up the review, permitting, and construction of natural gas pipelines and other energy infrastructure. “A full complement of FERC Commissioners is critical to achieve the administration’s goal to streamline the review and permitting of natural gas infrastructure projects.”

Letters and Comments Apr 15, 2019

“Dear Administrator Wheeler:
Western Energy Alliance, American Exploration & Production Council (AXPC), Domestic Energy Producers Alliance (DEPA) and the Independent Petroleum Association of America (IPAA) appreciate the opportunity to provide comments on the Environmental Protection Agency (EPA) and the Department of the Army (Army) (collectively “the agencies”) proposed revisions to the definition of Waters of the U.S. (WOTUS). We think the agencies are headed in the right direction and the revised definition of WOTUS (proposed rule) will provide greater clarity, predictability, certainty, and consistency for federal agencies, states, tribes, the regulated community, landowners, and the general public…”

Letters and Comments Apr 15, 2019

“This letter provides comments from the American Petroleum Institute (“API”), the Independent Petroleum Association of America (“IPAA”), the American Exploration and Production Council (“AXPC”), and the Association of Oil Pipe Lines (“AOPL”) (collectively, “the Associations”) in support of the U.S. Environmental Protection Agency’s (“EPA’s”) and the U.S. Army Corps of Engineers’ (“Army Corps’”) (collectively, “the Agencies”) Proposed Rule to Define “Waters of the United States” (“WOTUS”) (“Proposed WOTUS Rule”).1 The Associations welcome the Agencies’ commitment to transparent rulemaking and effective stakeholder engagement, and appreciate the opportunity to provide these comments and recommendations…”

Letters and Comments Apr 15, 2019

In comments filed by the Waters Advocacy Coalition, IPAA joined a large cross-section of the nation’s construction, transportation, real estate, mining, manufacturing, forestry, agriculture, energy, wildlife conservation, and public health and safety sectors supporting EPA’s step in realigning the WOTUS definition with Congress’s intent for the scope of federal jurisdiction under the Clean Water Act.

“The Waters Advocacy Coalition (“WAC” or “Coalition”) writes to provide comments on the Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) proposed rule to revise the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA” or the “Act”), 84 Fed. Reg. 4154 (Feb. 14, 2019) (the “proposed rule”). WAC appreciates the agencies’ efforts to increase predictability and consistency by clarifying the scope of WOTUS regulated under the Act. In enacting the CWA, Congress exercised its commerce power over navigation and granted EPA and the Corps (together, the “agencies”) specific, limited powers to regulate “navigable waters,” defined in the CWA as “waters of the United States.” For years, the agencies’ regulations and guidance documents have attempted to expand the WOTUS definition beyond its constitutional and statutory limits, and this proposed rule is an important step in re-aligning the WOTUS definition with Congress’s intent for the scope of federal jurisdiction under the Act. The proposed rule gives meaning to the term “navigable” and recognizes that a defining feature of the CWA is to preserve the states’ traditional and primary authority over land and water use, attempting to restore the appropriate balance between state and federal oversight authority in this area…”

Letters and Comments Apr 11, 2019

IPAA submitted April 15 comments jointly with API and NGSA in an ISO-New England proceeding at FERC (Docket No. ER19-1428).

The comments support ISO-New England’s proposed Inventoried Energy Program and its recognition of the “essential role that natural gas-fired generation resources play in supporting fuel security by including them as eligible recipients of inventoried energy payments.” It is important for natural gas producers, electricity consumers, and electric grid reliability for the organized electric markets to ensure that “all resources have the opportunity to compete on a level playing field and be appropriately compensated for the service they provide.”

Letters and Comments Apr 4, 2019

In an April 2 letter, IPAA joined with the Interstate Natural Gas Association of America, National Association of Manufacturers, Natural Gas Supply Association, and the Global Energy Institute of the U.S. Chamber of Commerce to urge the National Governors Association (NGA) to work with the Administration to clarify the permitting process under Sec. 401 of the Clean Water Act.  The signatories build or support infrastructure that has been thwarted by the overreach of certain state agencies in denying permits for water crossings under Sec. 401.  The letter stresses that Sec. 401 calls for cooperative federalism, with distinct roles for federal and state governments in certifying federally-permitted or licensed activities.  NGA is encouraged “to clarify and align legal precedent with clearer implementation of Sec. 401” to allow for “continued protection of water quality while maintaining the partnership between states and the federal government.”

Letters and Comments Mar 22, 2019

Dear Administrator Wheeler:

The consent decree driven deadline is approaching for the U.S. Environmental Protection Agency (EPA) to decide whether it needs to take steps under Subtitle D of the Resource Conservation and Recovery Act (RCRA) with regard to oil and gas production wastes. The American Petroleum Institute (API) and the Independent Petroleum Association of America (IPAA) continue to believe that state regulatory programs properly and effectively manage these wastes. Consequently, the two organizations believe EPA should conclude that additional federal action under Subtitle D is unnecessary and could be counterproductive…

Letters and Comments Mar 11, 2019

IPAA joined with API, INGAA, and NGSA in March 7 comments to PJM Interconnection, LLC (PJM) on its Valuing Fuel Security Initiative.  The initiative is part of PJM’s ongoing fuel security study, which has indicated that PJM’s system is “reliable today and will remain reliable into the future,” even with increased reliance on natural gas generation.  However, the reliability and resiliency of natural gas for electric generation continue to be targeted by groups that would advance coal and nuclear generation at the expense of natural gas.

In the joint comments, the associations urged PJM to: (1) provide time for a more deliberative process; (2) avoid assumptions about what market and operation changes, if any, will result from the task force efforts; (3) revise the review parameters to encompass all risks that threaten electric grid stability, not just fuel security; (4) explain why current reserve margin levels and successful capacity performance program are insufficient for addressing outages that may occur with increased reliance on natural gas; (5) ensure fuel neutrality when developing criteria for defining a “fuel secure” resource; and (6) recognize that all fuel sources have vulnerabilities and not single out natural gas for special attention.

IPAA is the industry's strongest presence in the nation's capital and these are important times. The entire oil and gas industry remains under fire from anti-development groups; but with these challenges arise unique opportunities that IPAA is seizing for our members.