BLM proposes delay in parts of waste rule

The Bureau of Land Management is proposing to suspend or delay implementation of parts of federal regulations issued in 2016 by the Obama administration to limit the venting and flaring of natural gas from oil and gas operations on federal land. The proposal comes as part of President Trump’s efforts to reduce the burden of federal regulation on economic growth and energy development, the agency said on Oct. 4 when announcing the publication of its proposal in the Federal Register.

“As we strengthen America’s energy independence, we intend to evaluate regulations to determine if they unnecessarily encumber energy production, constrain economic growth or prevent job creation,” said acting BLM Director Michael D. Nedd. “Our proposal would give the BLM sufficient time to review the 2016 final rule and consider revising or rescinding its requirements.”

BLM said that it has reviewed the final rule and found that parts of the rule appear unnecessarily burdensome on industry.

The regulations introduced in 2016 limit the amount of gas flaring from a development well, as well as requiring operators to evaluate opportunities for methane capture and to prepare a methane waste management plan prior to drilling a well. The venting of methane, which is a particularly potent greenhouse gas, is prohibited except under certain specific circumstances.

Although the regulations apply to drilling within the National Petroleum Reserve-Alaska, the Alaska Oil and Gas Conservation Commission and the Alaska Department of Environmental Conservation already have stringent regulations designed to prevent hydrocarbon wastage and to avoid air pollution in the state.

Some components of the federal venting and flaring rule have yet to be implemented - the new proposal from BLM would delay implementation of some of these components to Jan. 17, 2019, while temporarily suspending until the same date some rule components that have already gone into effect. The delay would give BLM time to review the 2016 rule, to consider revising or rescinding its requirements, the agency said.

Public comments on BLM’s proposal are required by Nov. 6.

In a separate but related development, on Oct. 4 a judge in the federal District Court of California upheld an appeal against a notice issued by BLM in June, announcing that the agency was postponing some components of the venting and flaring rule that had been scheduled to go into effect on Jan. 1, 2018. The judge found that the agency’s notice of postponement violated the Administrative Procedures Act.

- ALAN BAILEY