American Oil and Gas Reporter - June 2020 - 14

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IndustryDigest
EPA Aims To Expand
Analysis, Transparency
For Clean Air Act Rules
WASHINGTON-The U.S.
Environmental Protection Agency has
issued a proposal that it says will
require publicly available, consistent,
high-quality cost/benefit analyses for
significant rules associated with the
Clean Air Act. According to the agency,
the proposal, when finalized, will codify
best practices for benefit/cost analysis in
rule making and provide clarity for
states, local communities and industries
regarding EPA's rule-making
considerations.
The Ohio Oil & Gas Association and
the American Petroleum Institute are
among those expressing approval for
"Increasing Consistency and
Transparency in Considering Benefits
and Costs in the Clean Air Act
Rulemaking Process," which EPA
issued on June 4.
"Clear regulations promote
operational certainty so our members
may continue to responsibly develop
Ohio's oil and gas resources," relates
OOGA President Matthew Hammond.
"A robust cost/benefit analysis is an
important component of a transparent
and responsible regulatory process."
API Senior Vice President of Policy,
Economics and Regulatory Affairs
Frank Macchiarola says his group
appreciates the agency's effort to show
its work and will benefit the public,
industry and all stakeholders. "The past
decade is proof that we can achieve
environmental progress and economic
growth at the same time," he says.
"Under improved CAA provisions,
continued innovation and technologies
developed by the oil and natural gas
industry can build on these
achievements."
EPA says the move comes as a part
of a larger regulatory reform effort, and
follows the agency's examination of
ways to improve the analyses
underpinning regulatory decisions.
Many statutes, including the CAA,
require benefits and costs to be
weighed, EPA notes, but no regulations
ensure that the public receives that
analysis in a consistent manner across
offices. According to EPA, the new
proposal focuses on providing that in a
consistent and transparent way for CAA
regulations.
14 THE AMERICAN OIL & GAS REPORTER

Others expressing approval of the
proposal include Senator John Hoeven,
R-N.D., and Rachel Jones, vice
president, energy and resources policy
at the National Association of
Manufacturers.
"Federal regulations often impose
significant compliance costs, in terms of
time and money, which is why we have
worked to streamline federal rules and
provide relief from unnecessary and
burdensome regulations," Hoeven says.
"It makes sense to ensure that the
benefits of the administration's actions
outweigh the costs, and to do so in a
consistent and transparent manner. We
welcome the EPA's effort to do just that,
and we encourage North Dakotans from
across sectors, including agriculture,
energy and construction, to give their
input on this proposal."
According to Jones, "A fair rulemaking process is an inclusive one
where all community stakeholders have
a seat at the table from day one. The
public deserves clear rules that ensure a
clean environment, safe workplaces and
a better quality of life, and it sounds like
the EPA got this one right by ensuring a
rule-making process that is open and
collaborative. This will strengthen
confidence that EPA is relying on the
best available science and ensuring that
the rulemaking process is open,
collaborative and committed to giving
Americans the cleanest air in the world."
EPA says it will accept comments on
the proposal for 45 days after
publication in the Federal Register. ❒

EPA Unveils Rule Making
To Improve Transparency
For Guidance Documents
WASHINGTON-The U.S.
Environmental Protection Agency is
proposing a regulation to establish
consistent requirements and procedures
for issuing guidance documents.
"For the first time ever, EPA is
proposing a rule that codifies
procedures to ensure the public can
engage in the development and review
of agency guidance," confirms says EPA
Administrator Andrew Wheeler.
"Historically, EPA has issued many
more guidance documents than most
federal agencies. Today's action is a
major step toward increasing
transparency in EPA processes and

ensuring that EPA is not creating new
regulatory obligations through
guidance."
According to the agency, the new
rule will make EPA's practices around
governing guidance more transparent
and will improve the agency's process
for managing guidance documents. It
goes on to say that when it is finalized,
the rule will:
· Establish the first formal petition
process to allow the public to request
that EPA modify or withdraw a
guidance document;
· Ensure that the agency's guidance
documents are developed with
appropriate review, and are accessible
and transparent to the public; and
· Provide for public participation in
developing significant guidance
documents.
EPA traces the rule making to
Executive Order 13891, "Promoting the
Rule of Law Through Improved Agency
Guidance Documents," which President
Trump signed on Oct. 9, 2019, which
calls for making all active guidance
documents available to the public. EPA
says EO 13891 is based on the principle
that guidance documents should only
clarify existing obligations and not be
used as vehicles for implementing new,
binding requirements.
Senator James Lankford, R-Ok., who
has supported legislation to specify the
limits of guidance document authority,
praises the rule making.
"Complying with environmental
regulations-or trying to make heads or
tails of guidance that seems like a
regulation-has been a consistent issue
raised to me by Oklahoma small
businesses throughout my time in
Congress," he relates. "I was glad to
see the Trump administration took
decisive action late last year, issuing
EO 13891 to clarify what agency
guidance is and what it isn't. I recently
introduced the Guidance Clarity Act,
which would clarify in law that federal
agency guidance documents are not
legally binding."
Since guidance documents can
impact the public, EPA indicates,
transparency recognizes they warrant a
thorough review prior to issuance. In
addition to the rule-making
announcement, which the agency made
on May 19, the agency notes, it
launched a new guidance portal earlier
in the year to provide public access to



American Oil and Gas Reporter - June 2020

Table of Contents for the Digital Edition of American Oil and Gas Reporter - June 2020

Contents
American Oil and Gas Reporter - June 2020 - Intro
American Oil and Gas Reporter - June 2020 - 1
American Oil and Gas Reporter - June 2020 - 2
American Oil and Gas Reporter - June 2020 - Contents
American Oil and Gas Reporter - June 2020 - 4
American Oil and Gas Reporter - June 2020 - 5
American Oil and Gas Reporter - June 2020 - 6
American Oil and Gas Reporter - June 2020 - 7
American Oil and Gas Reporter - June 2020 - 8
American Oil and Gas Reporter - June 2020 - 9
American Oil and Gas Reporter - June 2020 - 10
American Oil and Gas Reporter - June 2020 - 11
American Oil and Gas Reporter - June 2020 - 12
American Oil and Gas Reporter - June 2020 - 13
American Oil and Gas Reporter - June 2020 - 14
American Oil and Gas Reporter - June 2020 - 15
American Oil and Gas Reporter - June 2020 - 16
American Oil and Gas Reporter - June 2020 - 17
American Oil and Gas Reporter - June 2020 - 18
American Oil and Gas Reporter - June 2020 - 19
American Oil and Gas Reporter - June 2020 - 20
American Oil and Gas Reporter - June 2020 - 21
American Oil and Gas Reporter - June 2020 - 22
American Oil and Gas Reporter - June 2020 - 23
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American Oil and Gas Reporter - June 2020 - 27
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