PA Environment Digest Blog: Independent Regulatory Review Commission Approves Final Emergency Regs Setting VOC/Methane Emission Limits On Conventional Oil/Gas Operations

On April 20, the Independent Regulatory Review Commission voted 3 to 2 to approve the final EQB emergency regulations setting emission limits on conventional oil and gas operations and the regulation now becomes effective. Read more here.

There is a legal challenge to these regulations pending in Commonwealth Court (see below).

The regulation was developed in response to a U.S. Environmental Protection Agency requirement to control emissions from oil and gas operations. EPA does not differentiate between conventional and unconventional oil and gas wells and requires both to be covered by the same requirements.

In Pennsylvania, conventional oil and gas facilities account for 80 percent of methane emissions from the oil and gas industry in Pennsylvania because they have done little or nothing to control them.

The unconventional shale gas industry accounts for 20 percent because they have implemented some controls.

On April 18, three conventional oil and gas industry associations submitted letters to the IRRC opposing the regulation. On April 19, the Republican Chairs of the House and Senate Environmental Resources and Energy Committee also sent letters to IRRC opposing the regulation. Read more here.

There were no other comments on the regulations provided to the IRRC.

Although the IRRC has the opportunity to review the emergency regulation, the regulation did go into effect on December 2 as authorized under the Regulatory Review Act. Read more here.

The IRRC already approved VOC/methane limits on unconventional shale gas operations and they were published in the PA Bulletin and became effective December 10.

On December 14, the U.S. Environmental Protection Agency wrote a letter to DEP accepting DEP’s final regulations setting VOC/methane limits on conventional and unconventional oil and gas facilities for evaluation which “stops the imposition of federal highway funding sanctions that were set to take effect in Pennsylvania on December 15, 2022” based on the emergency regulation. Read more here.

Background

Methane emissions from oil and gas operations in Pennsylvania are not an insignificant issue.

From November 6 to 19, 2022 a leaking conventional gas well at the Equitrans Rager Mountain Storage Area in Cambria County vented an estimated 1 billion cubic feet of natural gas that could be seen from space. Read more here.

On December 27, 2022 an uncontrolled venting of natural gas occurred at the CNX Oak Springs Pigging Facilities in Washington County resulting in the release of 1.1 million cubic feet of gas. Read more here.

On January 26, 2023 the Environmental Defense Fund and Taxpayers for Common Sense released a study showing thousands of conventional natural gas wells in just the Allegheny National Forest released 6.06 billion cubic feet of natural gas in 2019. Read more here.

The provisions in the regulation are identical to a final-omitted regulation applying to conventional oil and gas facilities approved by the Independent Regulatory Review Commission by a vote of 4 to 1 on November 17. Read more here.

Conventional Industry Attempts To Block Regulation

The PA Independent Oil and Gas Association, PA Independent Petroleum Producers and the PA Grade Crude Oil Coalition actively continue their efforts to block the regulation in any way they can.

On November 28, representatives of the conventional oil and gas industry wrote a letter to the Environmental Quality Board urging them to reject the emergency final-omitted rulemaking covering their VOC/methane emissions and start the rulemaking process all over again.

When the EQB overwhelmingly approved the regulation by a vote of 16 to 2, these groups filed a lawsuit in Commonwealth Court on December 5 in an attempt to block implementation, as reported by Marcellus Drilling News. Read more here.

(Photo: Diversified Prod Co. conventional gas well leaking methane in Allegheny County courtesy of Earthworks.)

NewsClip:

-- Post-Gazette/Capitolwire.com: IRRC Approves New Air Pollution Standards For Conventional Oil/Gas Industry

Related Articles - Conventional Wells/Methane:

-- EDF: Conventional Gas Wells In Allegheny National Forest Leaked Over 6 Billion Cubic Feet Of Natural Gas In 2019; Conventional Operators Seek To Block Methane Limits [PaEN]

-- UPDATED: After 14 Days, Efforts To Stop A Natural Gas Leak At A Cambria County Underground Gas Storage Area Have Apparently Been Successful [PaEN]

-- Natural Gas Pipeline Pigging Facility Malfunction Dec. 27 Released 1.1 Million Cubic Feet Of Natural Gas; Same Facility Plagued Community With Blowdowns 3 Times A Day, 7 Days A Week For Nearly 10 Years Until Criminal Charges Brought Against CNX [PaEN]

-- EPA Accepts Final DEP Oil/Gas Facility VOC/Methane Emission Limits Regulations For Review, Stops Imposition Of Federal Highway Funding, Other Sanctions [PaEN]

-- Marcellus Drilling News: 3 Conventional Oil & Gas Industry Groups File Lawsuit To Block Rule Limiting VOC/Methane Emissions From Conventional Oil & Gas Facilities [PaEN]

-- EQB Overwhelmingly Approves Emergency Regulation Setting VOC/Methane Limits For Conventional Oil & Gas Facilities; Republicans Vote Against [PaEN]

-- IRRC Approves Final VOC/Methane Emission Limits On Conventional Oil & Gas Wells - Federal Highway Funds Still At Risk; And First State MCL For PFOS/PFOA [PaEN]

-- Republicans On House Committee Disapprove Final Reg. To Reduce VOC/Methane Emissions From Unconventional Oil & Gas Facilities Risking $500 Million In Federal Highway Funds [PaEN]