American Oil and Gas Reporter - October 2019 - 14

IndustryDigest
Washington Repealing
2015 Rule That Defines
Waters Of United States
WASHINGTON-The U.S.
Environmental Protection Agency and
U.S. Army Corps of Engineers are
repealing a 2015 rule that extended the
definition of "waters of the United
States" under the Clean Water Act. The
agencies say they also are recodifying
the regulatory text that existed before
the 2015 rule, which they report will
end the regulatory patchwork that
required implementing two competing
CWA regulations.
"The CWA gives the federal
government jurisdiction over 'navigable
waters,' which are defined as 'waters of
the United States," says EPA Acting
Administrator Andrew Wheeler. "Over
time, the scope of jurisdiction has
expanded from truly navigable waters
and their major tributaries to eventually
capture isolated ponds and channels that
flow only after it rains. As the definition
expanded, so too has Washington's
power over private property and the
states' traditional authority to regulate
their land and water resources."
Wheeler adds the finalized rule
fulfills a key promise made by President
Donald Trump and sets the stage for a
new WOTUS definition that will
provide greater regulatory certainty for
farmers, landowners and developers.
Army Assistant Secretary for Civil
Works R.D. James says before the two
agencies signed the final rule, various
judicial decisions had stitched together a
patchwork of regulations across the
country. The repeal re-establishes
national consistency by returning all
jurisdictions to the regulatory framework
that existed before the 2015 rule.
The two agencies say they jointly
have concluded the 2015 rule contains
multiple substantive and procedural
errors to warrant the repeal. Among
them, they hold, is the extent to which
the rule approaches the limits of the
agencies' constitutional and statutory
authority, absent a clear statement from
Congress. They also cite the rule's:
· Failure to implement the legal
limits on the scope of agency authority
under the CWA as intended by
Congress and reflected in Supreme
Court decisions;
· Failure to adequately recognize,
preserve and protect the primary
14 THE AMERICAN OIL & GAS REPORTER

responsibilities of states to manage their
own land and water resources; and
· Inclusion of procedural errors and
a lack of adequate record support
relating to its distance-based limitations.
EPA and the Corps proposed a new
definition in December 2018 that they
say clearly will define where federal
jurisdiction begins and ends in
accordance with the CWA and Supreme
Court precedent. In the proposal, the
agencies indicate they are providing a
clear definition of the difference
between federally regulated waterways
and those waters that rightfully remain
solely under state authority. ❒

Interior EIS Proposes
Maximum Drilling In
Arctic Wildlife Refuge
WASHINGTON-The U.S.
Department of the Interior has released
its final environmental impact statement
for its planned lease sale in the Arctic
National Wildlife Refuge. The EIS, one
of the final regulatory hurdles before the
sale can proceed, lists as its preferred
option the one with the most acreage
available for development and the
fewest restrictions, the department says.
ANWR leasing was enabled under
the Tax Cuts and Jobs Act of 2017,
signed by President Donald Trump on
Dec. 22, 2017. The act directs the
secretary of the Interior, through the
Bureau of Land Management, to
establish two area-wide leasing sales,
not less than 400,000 acres each, along
ANWR's Coastal Plan. According to
DOI, it also authorizes as much as 2,000
acres, or 0.01% of the refuge's 19.3
million acres, for surface facilities.
"After rigorous review, robust public
comment and a consideration of a range
of alternatives, today's announcement is
a big step to carry out the clear mandate
we received from Congress to develop
and implement a leasing program for
the Coastal Plain, a program the people
of Alaska have been seeking for more
than 40 years," says Interior Secretary
David Bernhardt.
BLM next will prepare a record of
decision for the lease sale. The agency
says it may be published no earlier than
30 days after the official notice of
availability for the EIS is published in
the Federal Register.
According to the EIS, the

government considered three action
alternatives, with a range of acreage
made available for leasing-from 51%
to 100% of the 1.56 million-acre
Coastal Plain. The alternatives also
included lease stipulations and required
operating procedures to mitigate
impacts on resources and their uses.
The chosen alternative offers the
opportunity to lease the entire program
area, with the fewest acres with no
surface occupancy stipulations.
The American Petroleum Institute
praises the EIS release, saying the
United States needs domestically
produced oil and natural gas for decades
to keep the nation's economy and
security strong.
Now is not the time to dramatically
limit access to U.S. energy resources,
asserts API Vice President of Upstream
and Industry Operations Erik Milito.
"More than 100,000 Alaska jobs are
attributable to investment and activity
by the natural gas and oil industry,
representing 32 percent of all Alaska
jobs and 35 percent of all Alaska
wages," he describes.
"The Coastal Plain provides a key
opportunity to develop domestic energy
with significant reliance on existing
infrastructure, thus reducing the overall
cost and environmental footprint of new
development," Milito says. ❒

PHMSA Releases Final
Pipeline Safety Rules
WASHINGTON-The U.S. Pipeline
and Hazardous Materials Safety
Administration on Sept. 24 announced
three final safety rules that it says will
impact more than 500,000 miles of
onshore gas transmission and hazardous
liquid pipelines. The rules also will
enhance its authority to issue an
emergency order to address unsafe
conditions or hazards that pose an
imminent threat to pipeline safety,
PHMSA says.
"These are significant revisions to
federal pipeline safety laws and will
improve the safety of our nation's energy
infrastructure," says U.S. Transportation
Secretary Elaine L. Chao.
Don Santa, president and chief
executive officer of the Interstate
Natural Gas Association of America,
responds, "The natural gas pipeline
industry is pleased to see the
completion of this major update. We are
American Oil and Gas Reporter - October 2019

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