The U.S. Environmental Protection Administration (EPA) should not try to rush to finalize by this coming April a newly proposed rule on air emissions from hydraulic fracturing (fracking) and other production operations, the American Petroleum Institute (API) said during a conference call Tuesday.
Among other objections, API said that EPA did not allow sufficient time for comments on the proposed rule and is not allowing enough time to review those comments and finalize the rule. API recommended that EPA allow one year from April 2012 to publish a final rule.
While API said that it will work with the agency to modify the rule, "let's just say that it is not unprecedented for the industry to litigate an EPA rule," commented Howard Feldman, API's director of regulatory and scientific affairs. "We are concerned about the one-size-fits-all approach" for required control technologies under the proposal, Feldman added.
In a letter to EPA, API listed the following other "critical concerns" with the proposed rule:
Among other recommendations, API said that EPA should "allow sufficient compliance time (varying from 60 days to at least two years) to comply with the equipment-specific NSPS requirements following promulgation of the final rule. API also recommended that the agency should "revise the economic analyses to include all compliance cost and operational variables."
"These revised analyses should be used to limit the emission controls applicability to operations where they are economically justifiable," API said.
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