IPAA Access - Fall 2015 - (Page 25)

Feature Unprecedented Clean air act enforcement in the oil and Gas Industry By Justin Savage, Adam Kushner, and Jennifer Biever* THE U.S. dEPARTMENT OF JUSTICE (dOJ) ANd U.S. ENvIRONMENTAL PROTECTION AgENCY (EPA) ARE RE-dOUBLINg THEIR EFFORTS TO TARgET THE UPSTREAM OIL ANd gAS INdUSTRY. IN THE LAST FEW YEARS, dOJ ANd EPA HAvE OPENEd AN UNPRECEdENTEd NUMBER OF CLEAN AIR ACT INvESTIgATIONS AggRESSIvELY USINg THEIR INvESTIgATIvE AUTHORITIES TO TARgET ALLEgEd vIOLATIONS IN ALL SEgMENTS, FROM WELL SITES TO dOWNSTREAM STORAgE TANkS. EPA HAS SHOWN UP FOR UNANNOUNCEd INSPECTIONS ACROSS THE COUNTRY, OFTEN USINg INFRAREd CAMERAS TO LOOk FOR EMISSIONS. THE AgENCY HAS ALSO ISSUEd SEvERAL CRIMINAL SUBPOENAS IN THE BAkkEN ANd MARCELLUS. dOJ HAS FILEd CASES ANd IS OvERSEEINg SEvERAL INvESTIgATIONS. PROdUCERS, PROCESSORS, ANd TRANSPORTERS IN THE OIL ANd gAS INdUSTRY NEEd TO BE AWARE OF THIS NATIONWIdE gOvERNMENT EFFORT ANd ITS IMPLICATIONS. WE SHARE BELOW N OUR INSIgHTS ANd OFFER A FEW PRACTICAL THOUgHTS ON HOW TO AddRESS THEM. national enforcement initiatives The renewed targeting of the oil and gas industry results, in part, from EPA establishing coordinated cross-regional nationwide teams of inspectors, technical specialists and lawyers to scrutinize the industry. Every three years, EPA sets national enforcement initiatives to focus its civil and criminal enforcement resources. These initiatives are often industry sector specific or activity specific. The national initiatives set goals for EPA inspections, investigations and referrals to dOJ for enforcement. One of the national initiatives is called the Energy Extraction Initiative. It sets goals for investigating companies in all segments of the upstream natural gas industry for potential Clean Air Act violations. EPA recently proposed another initiative, the Storage Tank Initiative. This initiative targets large aboveground storage tanks across sectors - upstream oil and gas, petroleum refining and petrochemical manufacturing - containing organic liquids, including storage tanks of crude oil and natural gas condensates. Unfortunately, the oil and www.ipaa.org iPaa aCCess MaGazine 25 http://www.ipaa.org

Table of Contents for the Digital Edition of IPAA Access - Fall 2015

President’s Message
Mike Watford: IPAA Chairman of the Board, 2013-2015
Interview With U.S. Senator Lisa Murkowski (R-Alaska)
Unprecedented Clean Air Act Enforcement in the Oil and Gas Industry
Endangered Species Act Update: Federal Sage-Grouse Plan will Restrict Economic Development in the West
85th Midyear Meeting
Summer NAPE
Education Center Award Banquet
Upcoming Events
New Members
Thank You to the 2015 IPAA Chairman’s Club
Index of Advertisers

IPAA Access - Fall 2015