WHEREAS,
under Section 1342 (l)(2) of the Clean Water Act (33 USCA), a permit is not
required for discharges of uncontaminated stormwater runoff from oil and gas
exploration and production operations; and
WHEREAS,
the Environmental Protection Agency (EPA) has determined that the National
Pollutant Discharge Elimination System (NPDES) Stormwater Phase II permit
requirements apply to construction activities at oil and gas exploration and production operations; and
WHEREAS,
there are considerable differences among the states, and among Regions of the
EPA, whether the Section 1342 (l)(2) exemption was intended to apply to construction related to oil and gas
activities; and
WHEREAS,
some states have implemented effective regulations on stormwater runoff at oil
and gas exploration and production sites that are tailored to the unique
circumstances and needs of the respective states, and
WHEREAS,
if EPA goes forward with its requirement for stormwater permits at oil and gas
construction sites between one and five acres in size, it may create significant
additional regulatory burdens for the EPA and for some states that have primacy
under the NPDES program; and
WHEREAS,
if EPA goes forward with this requirement, it has the potential to impede
necessary future domestic energy development because of delays and increases in
the cost of drilling and producing oil and gas; and
WHEREAS,
EPA has not made an adequate assessment of the potential effects on the supply,
distribution and use of energy, of its requirement for stormwater permits at oil
and gas construction sites which may be contrary to Executive Order 13211; and
WHEREAS,
EPA has not reviewed its requirement for stormwater permits for construction
associated with oil and gas activities to assess costs, benefits, and risks; to
base decisions on the best scientific, technical, and economic information; to
seek input from State officials; and to harmonize Federal regulations with State
functions, in accordance with Executive Order 12866; and
WHEREAS,
EPA has not demonstrated that its interpretation of the federal stormwater rules
will provide any significant improvement to human health and the environment;
and
WHEREAS,
on December 30, 2002, EPA published a proposed rulemaking to postpone until
March 10, 2005, the requirement to obtain NPDES Stormwater Phase II permits for
construction activities at oil and gas exploration and production operations in
order to allow time for EPA to analyze and better evaluate the impact of the
permit requirements on the oil and gas industry, the appropriate best management
practices for preventing contamination of storm water runoff resulting from
construction associated with oil and gas exploration, production, processing or
treatment operations or transmission facilities, and the scope and effect of 33
USC 1342 (l)(2) and other stormwater provisions of the Clean Water Act; and
WHEREAS,
on August 8, 2005, the President of the United States signed into law the Energy
Policy Act of 2005 that contained a provision that clarifies the term 'oil
and gas exploration, production, processing, or treatment operations or
transmission facilities' to mean all field activities or operations associated
with exploration, production, processing, or treatment operations, or
transmission facilities, including activities necessary to prepare a site for
drilling and for the movement and placement of drilling equipment, whether or
not such field activities or operations may be considered to be construction
activities; and
NOW, THEREFORE, BE IT RESOLVED,
that the Interstate Oil and Gas Compact Commission urges the EPA to address this
issue by:
WHEREAS,
oil and gas research is a key ingredient in any comprehensive and effective
national energy policy; and,
WHEREAS, the major U.S. oil and gas companies no longer make their comprehensive oil
and gas research generally available and independent oil and gas companies
operating in the United States generally lack the capability and capacity to
conduct their own oil and gas research, thereby impacting the nation's ability
to effectively and efficiently develop its domestic oil and gas resources; and,
WHEREAS, the
U.S. Department of Energy, through the Office of Fossil Energy, Oil and Gas
Supply Research and Development Program, through its various initiatives and
facilities, such as the National Energy Technology Laboratory (NETL) and the
Rocky Mountain Oilfield Testing Center (RMOTC), conducts and supports
significant public domain oil and gas research and development activities that
will assist in the development of public policy options to ensure clean,
reliable, and affordable supplies of oil and natural gas for the American
consumers; and,
WHEREAS,
the technology developed as a result of these research and development
activities is transferred to the domestic U.S. oil and gas industry through
various means, including the Department of Energy-supported Petroleum Technology
Transfer Council (PTTC), to assist in the discovery, development, and effective
and efficient recovery of our domestic oil and gas resources for the benefit of
the nation; and,
WHEREAS,
the oil and gas producing states that are members of the Interstate Oil and Gas
Compact Commission have significant capability and capacity to support and/or
conduct oil and gas research and development activities within state oil and gas
regulatory agencies, state geological surveys, research universities, and other
state-based entities, many of which have participated, or are participating, in
Department of Energy-supported oil and gas research and development programs
that provide significant benefit to the nation; and,
WHEREAS,
the U.S. Department of Energy oil and gas research and development program has
been the target in recent years for significant reductions and possible
elimination in the Federal budget, which would result in the reduction of the
nation's ability to conduct important public-domain oil and gas research and
development directed at ensuring that American consumers have clean, reliable,
and affordable supplies of oil and natural gas;
NOW, THEREFORE, BE IT RESOLVED,
that the Interstate Oil and Gas Compact Commission (IOGCC) urges the
Administration and the Congress of the United States of America to recognize the
critical importance of oil and gas research and development activities to the
nation; to ensure that future Federal budgets adequately fund the U.S.
Department of Energy's Office of Fossil Energy oil and gas research and
development programs; and to encourage the development of cooperative and
collaborative Federal-state initiatives and partnerships that support and
utilize the capability and capacity that exists within the oil and gas producing
states of the nation to support and conduct oil and gas research activities.
History: New resolution passed September 20, 2005
WHEREAS, the oil
and natural gas industry is a vital part of the United States society and economy; and
WHEREAS, IOGCC
supports conservation and use of alternative fuels, but recognizes that for the
foreseeable future increased oil production is needed to fuel the nation's
transportation system; and
WHEREAS,
increasing domestic energy production and reducing dependence on foreign
supplies are in the best interest of our nation's strategic and economic well
being; and
WHEREAS, the U.S. currently imports over 58%
of the nation's needed petroleum. These oil imports cost more than $160
billion a year (this figure does not include the military costs of
protecting that imported supply); and
WHEREAS, high
energy prices are a major concern for the consuming public; and
WHEREAS, the
Coastal Plain of ANWR is America's best possibility for the discovery of another onshore giant "Prudhoe
Bay-sized" oil and gas field in North America. U.S. Department of Interior
estimates range from 9 to 16 billion barrels of recoverable oil; and
WHEREAS,
advanced technology has greatly reduced the "footprint" needed for/of Arctic
oil development. If Prudhoe Bay were developed today, the footprint would be 1,526 acres, 64% smaller; and
WHEREAS, only
the 1.5 million acre Coastal Plain, 8% of ANWR is being considered for
development. The remaining 17.5 million acres or 92% of ANWR will remain permanently closed to any kind of
development as federally designated wilderness. If oil is discovered, less than 2000 acres of the over 1.5 million acres
of the Coastal Plain will be affected by surface development activities; and
WHEREAS,
revenues to the State and Federal Treasury will be enhanced by billions of
dollars from bonus bids, lease rentals, royalties and taxes attributed to
development within the Coastal Plain of ANWR. Estimates in 2005 for bonus bids alone were $2.4 billion; and
WHEREAS,
hundreds of thousands of jobs will be created by development within the Coastal
Plain of ANWR; and
WHEREAS,
to date, North Slope oil field development expenditures for production activity
has contributed over $50 billion to the nation's economy, directly impacting
each state in the union; and
WHEREAS,
the North Slope oil fields currently provide the U.S. with
approximately 20% of its domestic production. Since 1988 this
production
has been on the decline. Peak production was reached at 2 million
barrels a day, but has declined to a current
level of less than 1 million barrels a day; and
WHEREAS,
the Trans-Alaska Oil Pipeline currently operates each day at less than half of
its design capacity; and
WHEREAS,
government studies suggest that new production from the Coastal Plain of ANWR
could produce a 10-year sustained rate of 1 million barrels per day, supplying
over 35% of the nation's domestic output, with production likely to continue
for more than 25 years; and
WHEREAS,
incremental production from the Coastal Plain of ANWR should help reduce price
volatility in the U.S. market and reduce the nation's outflow of funds for the purchase of oil; and
WHEREAS,
oil and gas development and wildlife are successfully coexisting in Alaska's Arctic. For example, the Central Arctic
Caribou Herded at Prudhoe Bay has grown from 3,000 to as high as 31,857 during the last 25 years of
operations; and
WHEREAS,
more than 75% of Alaskans, including a majority of the residents of Kakovik, the
only Inupiat village on ANWR, favor exploration and production in ANWR.
The Inupiat Eskimos who live in and near ANWR support onshore oil
development on the Coastal Plain of ANWR.
NOW, THEREFORE, BE IT RESOLVED, that the
Interstate Oil and Gas Compact Commission urges the President and Congress, in
the nation interest, to open the Coastal Plain of ANWR to hydrocarbon
exploration and development.
History:
Originally approved October 2003 as resolution 03.107;
Reauthorized September 2005 as resolution 05.093.
RESOLUTION 05.094
Urging the Need for a National Oil and Gas Education Program
WHEREAS,
the oil and natural gas industry is a vital part of the United States society and economy; and
WHEREAS,
a strong domestic oil and gas industry is in the best interest of our nation's
strategic and economic well being; and
WHEREAS,
volatile oil and gas prices are a major concern for the consuming public; and
WHEREAS,
the general public has a poor understanding of oil and gas supply and demand
factors, the costs and risks associated with oil and natural gas exploration and
production activities; and
WHEREAS,
students in this nation are not being adequately educated about the sources,
uses and economics of oil and gas and its impact on their lives; and
WHEREAS,
the Oklahoma Oil and Gas Resources Board (OERB) has piloted a voluntarily funded
oil and gas education program that has successfully educated thousands of
Oklahoma students and the public about the importance of the oil and natural gas
industry; and Ohio and Illinois have implemented similar programs;
NOW, THEREFORE, BE IT RESOLVED, that the
Interstate Oil and Gas Compact Commission urges the President and Congress to
develop a program which includes a voluntary, industry funded public education
program to increase awareness and educate about the importance of oil and
natural gas as an oil and gas source.
History: Originally adopted as Resolution 01.502
Reauthorized as 03.105, October, 2003
Reauthorized as 05.094, September, 2005
RESOLUTION 05.095
Encouraging the Increase of Students in Petroleum-Specific Degree
Programs and Research Projects
WHEREAS, The Interstate Oil and Gas Compact Commission continues as a national leader
in identifying petroleum manpower and research needs; and
WHEREAS, the organization has developed recommendations for the state, federal and
industry actions presented in the reports Petroleum Pros and North Dakota's Employment
Growth: Oil Industry Focus; and
WHEREAS, a stable and adequate domestic petroleum workforce is critical to continued
environmentally sound development of natural gas and oil resources in the United States;
WHEREAS, the need for an abundant, well-trained work force of professional and blue
collar workers has also been identified by industry, education institutions and the states; and
WHEREAS, there are further efforts that the IOGCC can take to address manpower needs,
including encouragement and support of efforts by the federal government and institutions of higher education; and
WHEREAS, research projects at the university level can result in valuable support and
training of petroleum professionals as well as major advances in technology for
exploration and production of natural gas and crude oil;
NOW, THEREFORE, BE IT RESOLVED, that the IOGCC, in accordance with the findings
of the Petroleum Professionals Blue Ribbon Task Force, expresses its support of
actions to increase the number of students in petroleum related degree programs,
such as engineering and the geosciences;
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the IOGCC and its member states urge
Congress to take action that will encourage institutions of higher learning to
increase both the number of students in programs and scholarships available for
petroleum-specific degrees.
History: New resolution, approved September 2005
RESOLUTION 05.051
Concerning Treatment as States (TAS) of Tribes
WHEREAS,
the United States Environmental Protection Agency (EPA) is authorized to treat
Tribes in a similar manner as States for the purpose of approving Tribal
environmental programs under several federal environmental laws, including the
Clean Water Act (CWA), Clean Air Act (CAA), Safe Drinking Water Act (SDWA),
Toxic Substances Control Act (TSCA), and Emergency Planning and Community
Right-to-Know Act (EPCRA); and
WHEREAS,
generally, the criteria a Tribe must demonstrate in a TAS application are: the
Tribe is federally recognized; the Tribe has a governing body carrying out
substantial governmental duties and powers; the Tribe has jurisdiction over the
areas or activities in question; and the Tribe is reasonably expected to be
capable of carrying out the functions to be exercised; and
WHEREAS,
nationwide, approximately 50 TAS applications have been approved or are in some
stage of the application process; and
WHEREAS,
TAS designation granted by EPA to various tribal governments in several states
across the last fifteen (15) years under the major federal environmental
statutes has raised concerns by state and local governments regarding the impact
of such action on the effectiveness of existing programs for air quality, water
quality, and protection of underground sources of drinking water in relation to
underground injection control programs; and
WHEREAS,
state and local governments have brought to the EPA's attention substantial
and consistent concerns, such as (1) the potential inconsistency of regulatory
standards within state borders; (2) the uncertainty of reservation boundaries
and tribal claims to parcels of land outside reservation areas, which raise
"checkerboarding" issues because of the isolated and noncontiguous nature of
tribal trust lands and allotted lands held by individual Indian property owners;
(3) the overall impact of TAS authorizations on the enforceability of state and
local environmental requirements; (4) and the authority of EPA to grant TAS
where formal tribal reservations do not currently exist;
WHEREAS,
application processing by EPA varies according to the law under which the
application is requested, but common features exist such as providing public
notice and an opportunity to comment for governments located adjacent to the
requesting Tribe; and
WHEREAS,
the CAA contains language that requires the EPA to consider the practicality and
feasibility of granting TAS status to tribes; and
WHEREAS,
on March 29, 2005, the United States Supreme Court, in City of Sherrill, New York v. Oneida
Indian Nation of New York, ___ U.S. ____, 2005 U.S. LEXIS 2927[*43] (2005),
ruled in a state taxation-related decision that certain factors of state and
local jurisdiction made it impractical and impossible for a tribe to
unilaterally re-establish sovereignty over an isolated tract of land, when the
result would "seriously burden the administration of state and local
governments" and would adversely affect landowners neighboring the tribal
patches; and
WHEREAS,
cooperative federalism should be the hallmark of TAS implementation just as it
is for all federal environmental programs administered by the EPA;
NOW, THEREFORE, BE IT RESOLVED, that the IOGCC
will work with EPA through the IOGCC/EPA Task Force in an effort to ensure that:
-
EPA processes
TAS applications in accordance with applicable law and regulations,
including public notice and comment opportunities for appropriate
governmental entities, including states; and
-
EPA considers the practicality and feasibility of granting TAS status to tribes as
required under the CAA and introduces such considerations into its review of
applications for TAS status under the CWA, SDWA, TSCA and EPCRA; and
-
EPA considers recent United States Supreme Court authority when implementing TAS, such
that potential conflicts or inconsistencies between federal, state, tribal
and local government regulations will be resolved in a manner that will
promote the effective administration of environmental programs.
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