American Oil and Gas Reporter - March 2016 - 21

IndustryDigest
run afoul of the Clean Air Act," contends
Chet Thompson, AFPM president.
"Among other things, EPA failed to
provide obligated parties with requisite
lead time and used flawed methodologies
in establishing volume requirements. This
rule further confirms that the RFS program
is dysfunctional, and that the only real
solution is full repeal by Congress."
In its challenge, API says EPA failed
to meet its deadlines to publish volumes
for biomass-based diesel fuel for 2014
to 2017, and also mandated the gasoline
industry use more cellulosic ethanol in
2016 than was available.
"EPA's 2016 mandated ethanol
volumes push more ethanol into our
fuel supply than is safe for the vast
majority of cars on the road. This action
could harm consumers who could face
higher fuel costs and damaged engines
as a result," warns Frank Macchiarola,
API downstream group director.
API cites the Congressional Budget
Office's finding that consumers could
see higher fuel prices if EPA attempts to
force more than 10.0 percent ethanol
into gasoline. API says it has requested
EPA set the final ethanol mandate at no
more than 9.7 percent of gasoline.
The RFS announced by EPA in
November also is being challenged by a
coalition of pro-ethanol trade groups,
who filed a lawsuit in January in the
D.C. Circuit, claiming EPA is restricting
consumer access to cleaner fuels
(AOGR, February 2016, pg. 20). ❒

Tank Gauging Subject
Of OSHA Hazard Alert
WASHINGTON-The U.S.
Occupational Safety and Health
Administration and the National
Institute for Occupational Safety and
Health have issued a hazard alert for oil
and gas industry workers involved in
manually gauging or sampling
production and flowback tanks.
Health and Safety Risks for Workers
Involved in Manual Tank Gauging and
Sampling at Oil and Gas Extraction Sites,
which was released Feb. 12, makes
recommendations for employers that may
form the basis for future enforcement
actions, according to one legal analysis.
OSHA and NIOSH say the hazard
alert is intended to protect workers from
hazards associated with opening tank
hatches. The agencies say the dangers
arise from exposure to high

concentrations of hydrocarbon gases and
vapors, as well as fires or explosions
they may cause. OSHA and NIOSH say
they identified nine fatalities to workers
manually gauging or sampling
production tanks from 2010 to '14.
The February alert is a supplement to
the OSHA Alliance Tank Hazard Alert
released in 2015 by the National Service,
Transportation, Exploration & Production
Safety Network, and may be viewed at
www.osha.gov/Publications/OSHA3843.
pdf.
According to an executive alert
published by the BakerHostetler law firm,
the alert's key recommendations include:
* Implementing alternative gauging
and sampling procedures that enable
workers to monitor tank fluid levels and
take samples without opening the tank
hatch;
* Training workers on the hazards
associated with gauging tanks, including reduced oxygen environments,
flammability hazards, and the potential
for hydrocarbon concentrations that can
approach or exceed IDLH (immediately
dangerous to life or health) levels;
* Training workers how to correctly
and consistently use calibrated multigas
monitors that measure LEL (lower exposure limit) percentage and oxygen
concentration;
* Prohibiting workers from working
alone when gauging or working around
tanks, thief hatches, or other areas where
they may encounter process fluids; and
* Utilizing appropriate respiratory
protection where remote gauging is not
feasible.
BakerHostetler points out that
according to the hazard alert, airpurifying respirators are ineffective
against light hydrocarbon gases, so
supplied air respirators (such as air-line
or self-contained breathing apparatus)
should be used.
The firm adds, "OSHA likely will use
the alert as a basis for issuing general duty
clause violations under the Occupational
Safety and Health Act of 1970. As such,
the regulated community should examine
its gauging and sampling procedures." ❒

BLM Seeks To Change
RMP Planning Process
WASHINGTON-The Bureau of
Land Management says its new
planning process for resource
management plans will increase

opportunities for early engagement by
stakeholders, while allowing the agency
to adopt a science-based approach to
managing public lands.
The proposed regulations are part of
BLM's ongoing Planning 2.0 initiative,
an effort to improve the land use
planning procedures required by the
Federal Land Policy and Management
Act of 1976. The bureau says it follows
those procedures to prepare and amend
RMPs that guide its decisions on public
lands.
"The changes we are proposing will
improve our ability to respond to
today's environmental, economic and
social realities, including the need to
have strong science, early and regular
public inputs, and a landscape-level
approach to natural resource challenges
and opportunities," says Janice
Schneider, assistant secretary for land
and minerals management at the Interior
Department.
Planning 2.0 has three goals, the
agency states:
* Improve BLM's ability to respond
to social and environmental change in a
timely manner;
* Provide meaningful opportunities
for other federal agencies, state and local governments, Indian tribes and the
public to be involved in developing
RMPs; and
* Improve BLM's ability to address
landscape-scale resource issues and to
apply landscape-scale management approaches.
According to BLM's financial
analysis of the proposal's fiscal impact,
changes to Planning 2.0 would not
impose direct monetary impacts on any
individual or group. It says many of the
proposed changes either are editorial or
would affect only internal BLM
processes. BLM adds the proposed rule
does not change the relationship of its
planning efforts with other agencies'
actions.
The proposed RMP rule was
published in the Federal Register on
Feb. 25. The bureau says public
comments will be accepted for 60 days.
The rule is available through
www.blm.gov.
In a related effort, BLM says it is
revising its land use planning handbook,
which provides detailed guidance on
implementing the planning process. The
bureau says it anticipates releasing a
draft of the handbook this summer. ❒
MARCH 2016 21
http://www.osha.gov/Publications/OSHA3843.pdf http://www.blm.gov
American Oil and Gas Reporter - March 2016

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