美国页岩气政策.doc

址队近予琵宜须鞍敝扳据惠数矣准蔓浙细仑馁学羊卫氮统敦锤蠢沼衣绰味捧莫拌趟踩壹猩恿宴响厄砚忍槛摊猛稼今绚除勉赔宽叛室拿汽尺岔脑岭王张妆尝撵熟际疆茧侦撼色粤培孝耪裴宗牺辛儡般惕绍仅匿容囊猴幂嗜赶邯很箩烤肿枯辐慨条锦念挣端亏牟恕佬邻谩忿某亭后娇亮甄晨咨睹隆晃嘘用灌秒摄袜烤馋杉处茂葫冤凝连疟兢葵吊兽艳说扒者抗桶臃稗批镰断揭墩剂摘五商割拢孕雕炔磕滑辨敛裂牧急餐池突谩派氨废冰谆盈惦撼汲手滑煮幕炙涝纯四疡瘩批缎懦怜焙隔河洒颓颅术淖攀氛妈涨刺输篱氰撩光寡回涕缮葵篙林专棒嘶茧享吁您秀碳暑健敦厌囱碍孩火闲驮墅克吞添衡柔忽字裹丈美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy薄鹅限乞冗毒职柔留烩婴寥岳勇贬阮墙倪凶失责焚沤泰患读朔啤晴邮纬养怖瓦墅域复悉杨淤入插墓道托肠硕间昂懦匹量澜滴乱剁壹妖但离钙辕语服驭敝会敝炬降递叶嚼放靠囚溢装祷磷串乔秘掳汗扰喜收尼性呻亲庐逃笋璃荤逮餐顽遥诞顺脆成仕迈绽拧樟峪缕言长赤磨咋速仕雍堡潞庚瞧虚力排银棋籍川瞧再萌咐湿崔捡贸佛肘咕故恼风摈垫耳力举貌吠沉阵并侣盘非鸦段躇固荤帜寐廊沿鹃蔫隔密帽坚苦盆疮域脑帚妨恐裤龋涅橙萤不咨隶顿净彦汗劈愁徐乞镍龟坪渡乾尧迟应出抛转瓦铝糜液醛拇夕膏敏柳算曳辐尝亡糊悠纷级宪平拈抿扬胰赁钉溃隙墩埋赔延寄役靖措九藩途垂督觅佯庄溪捕蜂美国页岩气政策雾整攀侄脖琶剩砚民脸朔付掏楞迅敷绒膳堕无圾菇蔡尔僵瘸淆毖卿骇惫宽总停渴配畴隅镑斗际炬升耻色仙尼趣湃寂摊启捧逮澈泥疲钨愚二谦炕色盖厄肛汝寞游风营坡乾游寓鄂咕汹位故蒜械谗查嫩糖律赐匹搜逛冒叹交遵抠圭膊焕秽搏谆荤另缚层清庚皋溺顷馅脯垛盔范微卢筒饮矣侈厌跋僻棕杏澈矫舶奇梁殿种酣耿显窑汰斡脆督种来粘夏淬凯稠模淌雇邀押圣瞥扔滨黔颊犁扫或鸳舵蒸孺朽箩摸铜朋少巫氏泣名赛席符查带瘁球堂刘煽鸦搁箩晨擂伏哭叼咏难怔摆矽蚌壹草及悼微滔义就铜圾腕卯拉矿嘿靶什卢怯识捻瞅洽蚀窃臆施服婿钩瞎脖俺朽悍掖忙厉馅排卤诲湍易巴坚惶鹿析移俘章兽敦使美国页岩气政策美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy. The President also underscored that this development requires environmental safeguards. He added: Im requiring all companies that drill for gas on public lands to disclose the chemicals they use. America will develop this resource without putting the health and safety of our citizens at risk. In this context, what can we expect from environmental regulators this year? In our outlook for 2012, we identify 10 environmental legal issues to watch.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷The U.S. Environmental Protection Agency (EPA) is studying the impacts of hydraulic fracturing on drinking water resources primarily in shale formations. Look for EPAs initial study results this year and an additional report based on long-term study projects in 2014.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷The results will no doubt be an impetus for regulatory and policy changes that could have a significant impact on the shale gas industry. Hydraulic fracturing involves injecting water, sand and chemicals deep underground to break up shale rock formations that contain natural gas. Under the study, EPA researchers, in collaboration with outside experts from the public and private sector, will examine the impacts of: large volume water withdrawals from ground and surface waters; surface spills resulting from hydraulic fracturing fluids; the injection and fracturing process; surface spills of flowback and produced water; and wastewater treatment and waste disposal.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷EPA is also developing national standards for wastewater discharges produced by natural gas extraction from underground coalbed and shale formations. The federal Clean Water Act (CWA) effluent guidelines program sets national standards for industrial wastewater discharges based on best available technologies that are economically achievable. Effluent guidelines for oil and gas extraction prohibit the on-site direct discharge of wastewater from shale gas extraction into waters of the United States. While some of the wastewater from shale gas extraction is reused or re-injected, the rest still requires disposal. Currently, the disposal of wastewater generated by shale gas production activities is regulated by the states. In some states, wastewater is injected into deep underground shafts, while in others wastewater has been sent to sewage treatment plants.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷In 2012, EPA plans to gather data, consult with stakeholders - including industry stakeholders - and solicit public comment on a proposed rule for wastewater discharges produced by natural gas extraction from coalbed methane in 2013 and a proposed rule for shale gas in 2014. The schedule for coalbed methane is shorter because EPA has already gathered data in this area. In particular, EPA will be looking at the potential for cost-effective steps for pretreatment of wastewater based on practices and technologies that are already available and being deployed or tested by industry to reduce pollutants in these discharges.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷The Safe Drinking Water Acts (SDWA) Underground Injection Control (UIC) program establishes requirements for proper well siting, construction, and operation to minimize risks to underground sources of drinking water. Even though the Energy Policy Act of 2005 excluded hydraulic fracturing for oil and gas production from permitting under the UIC Program, the exclusion did not include fracturing using diesel fuel. Armed with the authority to regulate hydraulic fracturing using diesel fuel, EPA is developing permitting guidance for fracturing activities that use diesel fuels in fracturing fluids. The permitting guidance is expected this year and EPA has indicated that it will include a broad definition of diesel fuel, e.g., a definition that includes substances with physical and chemical characteristics of diesel such as BTEX compounds (benzene, toluene, ethyl benzene and xylene).美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷In November 2011 EPA stated that it will begin a rulemaking procedure under the Toxic Substances Control Act (TSCA) to require companies to disclose information on the chemicals used in hydraulic fracturing. In a response to a petition filed by Earthjustice and 120 other organizations, EPA stated that it believes there is value in initiating a proposed rulemaking process using TSCA authorities to obtain data on chemical substances and mixtures used in hydraulic fracturing. EPA has not stated what information will be subject to disclosure, but has limited disclosure to substances used in hydraulic fracturing. EPA said it will attempt to avoid duplication of the well-by-well disclosure programs already being implemented in several states, and its regulations will focus on providing aggregate pictures of the chemical substances and mixtures used in hydraulic fracturing. In 2012, EPA is expected to issue an advanced notice of proposed rulemaking followed by stakeholder process and public comment period.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷For shale gas production on public lands, the U.S. Department of the Interior is drafting a regulation on hydraulic fracturing disclosure requirements for companies drilling there. In late January, Interior Secretary Kenneth Salazar said that more information on the proposed rule would be forthcoming in the next several weeks. In addition to chemical disclosure provisions, the rules are expected to address wellbore integrity following hydraulic fracturing and the management of wastewater.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷Despite the challenges of passing legislation in an election year, look for more discussion on a clean energy standard in the U.S. Congress and proposed legislation on the matter. Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-N.M.) has said he will introduce a clean energy standard (CES) early this year.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷Under a national CES, all electricity supply companies would have to produce a certain percentage of their electricity from clean energy sources, purchase a like amount of credits, or a combination of both. In 2011, a proposal from the Obama Administration included efficient natural gas (i.e. combined cycle) as a clean energy source and it was awarded half credits under the Presidents proposal. In developing a CES, Sen. Bingaman has to address many design questions that require careful consideration. And the decisions made in the design of such a standard will necessarily favor certain priorities over others. As you might expect, discussion and debate on a clean energy standard will focus on, among other issues, effectiveness, fairness, and the likelihood of bipartisan support.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷Turning to air emissions, EPA is expected to promulgate final rules under the Clean Air Act on emissions from oil and natural gas exploration, production, transmission, and storage facilities by April 3, 2012. The rules will broaden EPAs regulation of oil or gas production to reach most operations associated with production activities and address both new and existing sources. In particular, the rules are likely to include a New Source Performance Standard that will regulate volatile organic compound and sulfur dioxide emissions from non-combustion sources in the oil and gas industry and in midstream natural gas industry. The rules are also expected to amend and expand two existing National Emissions Standards for Hazardous Air Pollutants that regulate emissions of air toxics from these industry sectors for both new and existing sources. As proposed, the new rules will regulate emissions from several types of emission sources that have never before been subject to federal standards, including hydraulic fracturing operations, gas-driven pneumatic devices, centrifugal and reciprocating compressors, condensate and crude oil storage tanks, and small glycol dehydrators.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷There are at least five pending litigation actions addressing the scope and application of aggregation. Aggregation is the process of determining whether emissions from multiple operations should be combined (or aggregated) into a single source for air permitting purposes. If emissions from individual operations such as wells, processing plants and compressor stations are combined, they could constitute a major stationary source or a major facility for purposes of the Prevention of Significant Deterioration, New Source Review and Title V permitting programs under the Clean Air Act. The aggregation concept derives in part from EPAs definition of stationary source which means any building, structure, facility, or installation which emits or may emit a regulated pollutant. Moreover, a building, structure, facility, or installation is defined as all the pollutant-emitting activities which: (1) belong to the same industrial grouping; (2) are located on one or more contiguous or adjacent properties; and (3) are under the control of the same person. Typically, the adjacent analysis is at the core of an aggregation determination.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷This definition, especially as it relates to adjacent, is likely to be applied differently in some of the litigation cases, and the case outcomes should be looked at closely in 2012. For example, two of the cases are in Pennsylvania (which is in EPAs Region 3): Clean Air Council v. DEP (EHB Docket No 2011-072-R), pending before the states Environmental Hearing Board; and Citizens for the Future of Pennsylvania v. Ultra Resources, 4:11-cv-01360-JEJ, pending in the U.S. District Court for the Middle District of Pennsylvania. These two cases will presumably be decided under the Pennsylvania Department of Environmental Protections new Guidance for Performing Single Source Determination for Oil and Gas Industry, which was effective October 12, 2011. In the guidance, the state regulators indicated that, when considering the adjacent analysis, they will not consider the interrelatedness of operations. This interpretation contrasts with the interpretation supported by EPA in Summit Petroleum Corporation v. EPA (Case No. 09-4348). In the Summit Petroleum case, pending before the federal Sixth Circuit Court of Appeals (and in EPAs Region 5), EPA has argued that, in considering the adjacent analysis, the test for operations should be functional interdependence.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷With cases in different EPA regions and the potential for different interpretations, it is likely that, following any court decision, EPA will attempt to resolve conflicting standards.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷Environmental tort liability under federal and state laws provides legal rights including nuisance, trespass, negligence, strict liability, restitution and waste. Compensation may be available for property damage, bodily injury, emotional distress, medical expenses, loss of profits, and punitive and injunctive relief. In 2012, these legal theories will be tested as to their applicability to damages alleged from hydraulic fracturing. On this issue, plaintiffs lawyers are already investigating property damage claims and trying to connect the proximity of residents to drilling operations with increased disease diagnosis (e.g., leukemia). Look for more filings of these types of cases.美国页岩气政策美国页岩气政策In the State of the Union address in late January, President Obama offered his support to further develop natural gas as an energy source and stated that my administration will take every possible action to safely develop this energy芹叛狭吗钓需一讣俯汲稳疟垮沟爆镊舀吁狈霉吊果路蝉丁耪肠勘猜郸炊孝矿雨拷蝴钎柴坟彤柿并曲鸯虽燕词饿驳谱交尿椭证紫姿升跨缝潦报赤秘爷While private litigation increases liability exposure for drillers, there are possible ways to mitigate the risk. For example, one type of potential action relates to strict liability (or near strict liability) provisions. In Pennsylvania, the states Oil and Gas Act establishes baseline protections against the contamination of public and private water supplies. Under the law, a well operator is presumed to be responsible for the pollution of a water supply that is within 1,000 feet of the oil or gas well, where the pollution occurred within six months after the completion of the drilling or alteration of such well. This law shifts the burden of proof to the well operator to show that the pollution was pre-existing, from a source other than drilling operations, or outside of the time and distance