Letters & Comments

Letters and Comments, Testimony Mar 8, 2023

Dear Chairman Westerman,

The Independent Petroleum Association of America is pleased to support H.R.1335, the Transparency, Accountability, Permitting, and Production of American Resources Act, referred to as the TAPP Act. …

IPAA believes that many of the reforms laid out in the TAPP Act will help to revitalize oil and gas production on federal lands and waters to the benefit of the nation. The “multiple-use mandate” provided in the Federal Lands Policy and Management Act (FLPMA) requires the BLM to balance the resources and uses of public lands to the benefit of the people. While this mandate includes far more than oil and gas production, it does not include less and IPAA believes that safe and responsible development for our resources needs to remain part of the equation.

There are several commonsense reforms in the TAPP Act that will lend to increased certainty for our members and will ultimately lead to a more streamlined process for federal oil and natural gas development. While IPAA is supportive of the bill in its entirety, there are a few key provisions that will be particularly impactful to independent producers on federal lands. IPAA supports the directive to require the Secretary of the Interior to resume quarterly lease sales. IPAA also believes it is important to include in a sale all parcels that were nominated and eligible for lease under the resource management plan of each state. IPAA also strongly supports the additional language on suspension of operations permits. Furthermore, IPAA strongly supports the language included for two region-wide annual lease sales in the prescribed offshore areas. …

Letters and Comments, Testimony Mar 8, 2023

Dear Chairwoman McMorris Rodgers and Ranking Member Pallone,

The Independent Petroleum Association of America is pleased to support the package of energy bills being marked up today by the committee. We would also like to express our gratitude that such an important issue, America’s energy production, is a priority for this Committee and Congress. I would like to make specific reference to a couple of pieces of legislation.

First, H.R. 1121, the “Protecting American Energy Production Act” sponsored by Congressman Duncan. …

IPAA also supports H.R. 1141, the “Natural Gas Tax Repeal Act” sponsored by Congressman Pfluger. …

We also support legislative efforts to bring efficiency and certainty to liquified natural gas (LNG) infrastructure and export terminals. …

Again, I want to thank the Committee and its Members for their interest in our industry.


C. Jeffrey Eshelman, II

President & Chief Executive Officer


Letters and Comments Mar 7, 2023

Dear Chairman Westerman and Ranking Member Grijalva:

The undersigned associations urge you to support the “Building United States Infrastructure through Limited Delays and Efficient Reviews (BUILDER) Act of 2023.” The BUILDER Act would reduce permitting delays and create more certainty from the beginning of an agency environmental review through any potential judicial review.

Investments in renewable energy and lower emissions technologies, critical mineral mining, and forestry to transportation projects are taking four to ten years to complete permitting. These delays serve only to impede critical improvements now and in the future. Projects intended to diversify and drive a cleaner economy, support small business growth, and move goods more efficiently need to traverse an increasingly complex and opaque permitting process. This process holds projects captive and sometimes ends up terminating them altogether. …

Letters and Comments Feb 27, 2023

These comments are submitted to address proposed changes to the adoption and submittal of state plans implementing regulations under Clean Air Act (“CAA”) Section 111(d), 42 U.S. Code § 7411. The proposed changes would revise 40 CFR Part 60, Subpart Ba (“Subpart Ba”). The generic modifications to Subpart Ba are integrally related to the Environmental Protection Agency’s (“EPA”) proposed Subpart OOOOc which would create Emissions Guidelines (“EG”) for the oil and natural gas production industry. While the Subpart OOOOc proposal contains specific provisions regarding the application of Section 111(d), these generic changes to Subpart Ba would apply where Subpart OOOOc does not provide specific overrides. Moreover, the Producer Associations believe the concepts included in both proposals create broader issues that need to be addressed.

Letters and Comments Feb 27, 2023

As organizations representing a broad range of sectors from agriculture, energy, transportation infrastructure, construction and real estate, manufacturing, mining, recreation, chemical production, state departments of agriculture, and many other job creators, we urge support for the Congressional Review Act resolutions of disapproval of the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) 2023 revised Waters of the United States (WOTUS) regulation.

Every sector of the U.S. economy – from small businesses and farmers, to manufacturers and homebuilders – depends on a clear, predictable, and transparent WOTUS rule so they can protect the environment, operate with certainty, and create jobs in their communities. Continual revisions, remands, and reintroductions of WOTUS definitions only sow confusion and ultimately dissuade future investment.

The Congressional Review Act provides an important oversight tool for Congress to ensure that agency rules are consistent with Congressional intent and authority. The new definition of WOTUS exceeds Congressional authority in multiple respects, ignores recent Supreme Court caselaw interpreting the Clean Water Act, and will be impossible to implement consistently in the field…

Letters and Comments, Uncategorized Feb 23, 2023

On February 23, IPAA submitted comments on the Proposed Hazardous Air Pollutants Consent Decree, Clean Air Act Citizen Suit Docket ID No. EPA-HQ-OGC-2023-0028.

Dear Administrator Regan:

The following Comments on the proposed consent decree referenced above (“Proposed CD”) are submitted on behalf of the Independent Petroleum Association of America (“IPAA”). IPAA has been actively involved in the rulemaking process for the new source performance standards (“NSPS”) and national emissions standards for hazardous air pollutants (“NESHAP”) as originally proposed on August 23, 2011. IPAA supported the effort to bifurcate the proposed NSPS rule and the proposed NESHAP rule which was ultimately granted by the U.S. Court of Appeals for the District of Columbia in American Petroleum Institute v. EPA, No. 121405. Said decision held the NESHAP rulemaking in abeyance and required EPA to provide the court and parties periodic updates which IPAA has received. The Proposed CD is a function of the typical “sue and settle” approach taken by many environmental organizations. …

Letters and Comments Feb 13, 2023

Various members of the Producer Associations have been actively working with the Environmental Protection Agency since the New Source Performance Standards, 40 CFR Part 60, Subpart OOOO regulations were proposed in 2011. The Producer Associations appreciate the time and effort of EPA staff that have tried to understand the unique aspects of the oil and natural gas industry. The reality is that the unique aspects of the Oil and Gas Industry, in terms of its production and related emissions, render EPA’s traditional justifications/rationalizations proffered in the proposals on November 15, 2021 and December 6, 2022 arbitrary and capricious for certain subcategories (whether defined according to EPA or otherwise). The message the Producer Associations have consistently conveyed since 2011 is “one size does not fit all.” Generally speaking, EPA’s response has been to regulate exploration and production (“E&P”) emission sources to the extent that EPA believes it can “survive”/continue to exist – that is not the “best system of emission reduction” (“BSER”) as required by Section 111 of the Clean Air Act (“CAA”). The following comments are intended to identify the most detrimental and unsupported proposals by EPA and provide alternatives that provide the equivalent or nearly the equivalent environmental benefits as substantially less cost and confusion to the Oil and Gas Industry, in particular the small business that are disproportionally impacted by these proposed regulations. …

The Producer Associations are committed to working with EPA to craft legally justified regulations that protect the environment and do not place unnecessary burdens on the Oil and Gas Industry. The Producer Associations provide the following summary:

  • Fugitive Emissions Monitoring of “Low Production Wells” Misses the Mark.
  • EPA Utilizes Inaccurate Data to Justify “Zero-Emitting” BSER for Pneumatic Controllers and Pumps.
  • The Super-Emitter Response Program Should be Revised to Address Unexpected Significant Releases, Without Subjecting Owners/Operators to Significant Expense.

Letters and Comments Jan 30, 2023

Dear Director Stone Manning:

Western Energy Alliance (the Alliance) and the Independent Petroleum Association of America (IPAA)  (collectively the Trades) appreciate the opportunity to provide these comments on the Bureau of Land  Management’s (BLM) proposed rule titled Waste Prevention, Production Subject to Royalties, and  Resource Conservation (Proposed Waste Prevention Rule or Proposed Rule).

Our comments summarize the historical and legal framework of BLM’s waste prevention rules, followed by targeted revisions to selected sections of the proposed regulatory language and a description of our  legal concerns with BLM’s proposal.

The Proposed Waste Prevention Rule is an update to BLM’s 2016 rule revisions (2016 Rule) which were  struck down by a Wyoming federal court, and BLM’s 2018 rule revisions (2018 Rule), which were also  struck down by another federal court. While the Trades appreciate that BLM’s current proposal  addresses a number of the Wyoming court’s reasons for vacating the 2016 Rule, there remain some  foundational concerns that must be addressed.

Letters and Comments Jan 10, 2023

These comments are filed on behalf of the Independent Petroleum Association of America (IPAA). … The Environmental Protection Agency (EPA) has opened this docket for the purpose of receiving comments on its legislatively imposed Methane Emissions Reduction Program (Methane Tax). EPA describes this program as follows:

EPA received $1.55 billion to reduce methane emissions from the oil and gas sector by providing financial assistance (grants, rebates, contracts, loans, and other activities) and technical assistance as well as implementing a statutorily required waste emissions charge. Eligible recipients for these funds include but are not limited to air pollution control agencies, other public or nonprofit private agencies, institutions, and organizations, and individuals. The program specifies that at least $700 million must be used for activities at marginal conventional wells. Section 60113 also requires EPA to implement a waste emission charge on methane emitted from applicable oil and gas facilities that emit over 25,000 metric tons of CO2e and that exceed statutorily specified waste emissions thresholds beginning in 2024. The waste emissions charge will start at $900 and increase to $1,500 per metric ton.

The format for these comments is laid out in a series of questions. IPAA is providing information on several of those questions.

However, before addressing individual issues, it is pertinent to address some overarching aspects of this program. While these questions largely address the distribution of various authorized funds for enumerated purposes, this program also authorizes EPA to use any authorized funds for the implementation of the program. The magnitude of these costs is currently unknown, but since it can include the development of emissions reporting tools, the auditing of all submissions of both emissions and taxes, the levying and collection of penalties and whatever else may fall under the scope of the program, these costs may be substantial.

Additionally, EPA is given the authority to “issue guidance or regulations as necessary to carry out this section.” This is an important and significant authority that EPA must use judiciously. This program presents the worst situation for regulatory development: legislative language with no legislative history. There are no committee reports, no conference report, not even floor statements during the debate on the legislation. Significant terms in the provisions are not defined. Now, EPA must issue clear and comprehensive regulations to assure that the program is carried out effectively and fairly. …

Letters and Comments Dec 8, 2022

“Dear Leader McCarthy:

The Independent Petroleum Association of America (IPAA) looks forward to working with you during the 118th Congress. IPAA represents thousands of Americas independent oil and natural gas producers.  Our members are the primary producers of the nation’s oil and natural gas and account for 83 percent of America’s oil production and 90 percent of its natural gas output.  Independent American producers are a driving force in our economy and support millions of jobs in the United States.  IPAA member companies are innovative leaders who broke the code to usher in the shale oil and natural gas revolution in the United States. …

“Enclosed are several issues we believe are key to helping the United States remain at the forefront of energy development in the coming years.”

The letter goes on to detail the association’s stance on:

  • Tax policy
  • Methane
  • Energy infrastructure
  • Access to federal lands and waters
  • Crude oil releases from the Strategic Petroleum Reserve
  • National Environmental Policy Act (NEPA)
  • Endangered and threatened species
  • Access to capital markets

The letter closes:

“America’s independent oil and natural gas producers stand at the forefront of energy use and development in the coming years.  We look forward to working with you and your colleagues to develop innovative solutions to address America’s energy challenges in the coming years.”

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.