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BREAKING: COURT ISSUES NATIONWIDE STAY ON WOTUS
The Hill: In a 2-1 decision, the 6th Circuit Court of Appeals has issued a nationwide stay for the implementation of the EPA’s Waters of the US (WOTUS) rule. The judges’ decision said, “We conclude that petitions have demonstrated a substantial possibility of success on the merits of their claims,” and the EPA’s new guidelines are “at odds” with a key Supreme Court ruling. The judges did not indicate if they have jurisdiction to review the WOTUS rule, but the stay will make that issue easier to determine. The court will still need to make a full ruling on the regulation following the stay. After that, the ruling could be appealed to the Supreme Court. To read the ruling, click here. Press Release: Attorney General Scott Pruitt
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INTERIM STUDIES
October 14: H IS 15-07 Legislative Review of the Administrative Rules Process (Faught) (date changed)
October 14: H IS 15-35 Tax Reform (McCullough)
Seismic related interim studies will be held later this month:
October 30: H IS15-038 Seismic Activity (Watson) *combined with IS 15-054 Seismic Activity/ Leonard Observatory Closure (Murphey, Williams) and also H IS15-110 New Technology That May Reduce the Need for Wastewater Disposal Injection Wells. (Griffith)
- This topic is expected to be discussed in the interim study as well. EE: Okla. officials may lack authority on seismicity issues. Oklahoma oil and gas officials are dealing with increasingly strong earthquakes, but concerns are growing that they lack the legal authority for their efforts to reduce the shaking.
REAL ID
NewsOK: Oklahoma’s extension to comply with Real ID, expires October 10. The Real ID Act was signed into law by President George W. Bush in May 2005 as anti-terrorism legislation. It is an attempt to create uniform security standards on state-issued driver’s licenses and identification cards. More than half the states, including Oklahoma, have resisted the Real ID Act, due to privacy concerns. Beginning Saturday, anyone with business at a federal court, social security office or military installation will not be able to enter those facilities without a passport, according to the Oklahoma Department of Public Safety. According to the governor’s office, no federal facilities in Oklahoma have notified the state that Oklahoma residents will be affected. Several facilities have actively confirmed with the state that an Oklahoma driver’s license is a sufficient form of identification. The Oklahoma Department of Public Safety recently requested a continuation of the state’s extension. Senate Democrats have filed SB 865 repealing 47 O.S. 2011, Section 6-110.3 to bring Oklahoma into compliance. (Oklahoman Editorial Board: Oklahoma's opposition to REAL ID law could be painful later)
BUDGET WOES
The Oklahoman Editorial Board: Even though the legislative session doesn’t begin until February, state legislators told agency directors last month not to ask for any additional money for their budgets. The budget shortfall could be around one billion dollars. However, legislative appropriations only accounted for $7.1 billion out of $24 billion in state spending this year. Depressed energy prices are the immediate cause of Oklahoma's budget woes, but the sluggishness of the national economy is also a significant, long-term contributor, with additional regulations and taxes limiting growth. (eCap: Gross receipts shrink below prior year, 12-month period)
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OCC STAC – PROPOSED RULES
The Oklahoma Corporation Commission’s Petroleum Storage Tank Division will be discussing proposed new rules on Monday, October 12 at the Storage Tank Advisory Council (STAC) meeting. The rules affected are in Chapters 15, 25, 26. There’s a new rule in Chapter 25 (165:25-1-26.2. (3)) which incorporates the federal standard for participation. It may allow non-impacted parties to comment. Chapter 15 – Rev. 10-1-15, Chapter 25 – Rev. 10-1-15, Chapter 26 – Comments for proposals 9-2-15, Comments Chapters 15 and 25, Comments – Chapter 26, Chapter 26 - 165-26-3-20.1 Monitoring Requirements, Chapter 25 and 26 – Additional Comments
REFINERY MANAGERS MEETING
The Refinery Managers Meeting will be held on Thursday, November 19, in the offices of Oklahoma Oil & Gas Association. It is an excellent time for each of the Refinery Managers to sit down with their colleagues and get to know one another and at the same time get updates from the agencies that regulate the industry.
HEALTH & SAFETY COMMITTEE
The Health & Safety Committee met on Thursday, October 8, in the OKOGA offices. The committee discussed tank gauging, gas detection programs and HES incident/near-miss lessons learned. The next meeting will be held Thursday, January 14, in the OKOGA offices.
If you would like to join the committee, or refer someone to the committee, please let Lisa know.
US DOT, PSC GAS & LIQUID TRAINING COURSES
The Transportation Safety Institute, US DOT has been in OKC for 45 years and provides US DOT Transportation Safety Training nationwide and all over the world in aviation, transit, highway safety, passenger vehicle safety, rail, commercial vehicle, hazardous material and pipeline safety. Please see the announcement and the registration forms for the US DOT Liquid 195 & Gas 192 courses this fall in Oklahoma City. If you have any questions, please contact: Michael Baldwin, (405) 954-4727.
EPA
Reasons for Agency Response; TSCA Section 21 Petitions: Carbon Dioxide Emissions and Ocean Acidification. EPA denied the TSCA section 21 petition from the Center for Biological Diversity and Donn J. Viviani, Ph.D., for EPA to initiate rulemaking under TSCA to address risks related to carbon dioxide emissions, particularly those associated with ocean acidification, or, to require testing to determine toxicity, persistence, and other characteristics of carbon dioxide emissions that affect human health and the environment.
ESA
Intent must be proven to prosecute for migratory bird deaths, court rules, The 5th US Circuit Court of Appeals has ruled that in order to hold energy companies responsible for migratory bird deaths, intent to harm the birds must be proven. The court sided with Citgo Petroleum, saying a previous US District Court ruling should not have assessed a $2 million fine against the company for the deaths of at least 35 migratory birds that flew into two of the company's open-top petroleum tanks in Texas. The Associated Press (10/4)
OSHA
Electrical Safety-Related Work Practices: Electric Power Generation, Transmission, and Distribution; Electrical Protective Equipment; Corrections, OSHA provides clarification regarding the applicability of the standards to some tree trimming work that is performed near (but that is not on or directly associated with) electric power generation, transmission, and distribution installations. This document also corrects minor errors in two minimum approach distance tables in the general industry and construction standards for electric power generation, transmission and distribution work.
UPCOMING EVENTS
On October 10, OKOGA Executive Vice President Arnella Karges is on a panel at the Society of Environmental Journalists regarding “Fracking: What’s Happening in Your Home State?” The SEJ annual conference is being held in Norman, OK.
On October 12, Ms. Karges is representing OKOGA at a meeting of the US House Energy and Commerce Subcommittee on Energy and Power that Congressman Markwayne Mullin (OK-2) is hosting at the OIPA headquarters in Oklahoma City. Chairman Ed Whitfield (KY-01) will preside over the roundtable meeting to discuss current federal policy on energy.
On October 13, Ms. Karges is speaking at the Oklahoma Association of Tax Representatives Fall Meeting regarding how the legislative process can impact ad valorem taxation.
ARTICLES OF INTEREST
NewsOK: U.S. Sen. James Lankford, R-Oklahoma City, plans to introduce legislation Wednesday to eliminate the federal wind energy incentive from the tax code.
NewsOK: Oil industry leaders already warning of future oil price spike
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