American Oil and Gas Reporter - April 2015 - 20

IndustryDigest
"The Oklahoma Independent
Petroleum Association and the oil and
gas industry as a whole support the
continued study of Oklahoma's
increased seismic activity, and will
continue to work with the governor's
Coordinating Council on Seismic
Activity, the Oklahoma Geological
Survey and the OCC to assist in
understanding the state's increased
seismic activity, and its possible
relationship to the oil and natural gas
industry," says Kim Hatfield, chairman
of OIPA's Regulatory Committee.
A.J. Ferate, vice president of
regulatory affairs for OIPA, says he has
been impressed with the positive response
from association members to the OCC
guidance. "Every member who called
wanted to know what he had to do to fix
this," Ferate relates. "There was no anger
or frustration at OCC over what is going
on. It was just a matter of how to get back
to operating in a normal procedure."
The guidance is available through
the OCC website at www.occeweb.com.
r

Oklahoma Water Board
Seeks More Authority
Over State's Dry Lands

OKLAHOMA CITY-In a move with
parallels to federal attempts to expand
its regulatory authority over waters of
the United States, the Oklahoma
Independent Petroleum Association
says the Oklahoma Water Resources
Board wants to change its definition of
wetlands.
Under Oklahoma law, "waters of the
state" are restricted to bodies of water,
but under the WRB's proposed revisions,
that definition would expand to include
dry lands where water may be found on
occasion, OIPA says. One of the board's
proposed changes states, "Criteria (that)
rely on water in order to be measured are
not applicable during periods when
surface water is not present."
A.J. Ferate, OIPA's vice president of
regulatory affairs, warns if the board
secures authority to regulate dry land, it
could impose another regulatory hurdle
for oil and gas companies, landowners

and developers seeking to capture and
use surface waters, if their actions
would affect nearby swamps or
marshes.
He says WRB's action resembles the
U.S. Environmental Protection
Agency's effort to redefine waters of the
United States, and has the possibility of
similar negative consequences.
"The fact the board is attempting to
adopt the federal definition of wetlands
is going to open it to the opportunity to
regulate dry land, or land that
temporarily holds water," he worries.
"Many of us have a divot next to our
driveways that collects a little bit of
water when it rains. Technically, that
would fall under the definition of
wetlands."
Under WRB's proposed revision,
leveling or contouring a piece of
property to build a house would be
prohibited, Ferate says. Instead, the
house could be placed only according to
permit requirements. "I am not saying
the water board would do that, but it
would give it the ability and certainly
make it much easier to insert waters of
the United States into state rule
makings," he poses.
He contends the WRB's enabling
legislation does not give it authority
over dry lands. "If this rule was
adopted, effectively the Oklahoma
Water Resources Board would be going
above what the statue allows it to do,"
Ferate insists. "I don't think the
Oklahoma Legislature would be too
pleased with that."
He adds that Oklahoma's
Administrative Procedures Act vests
final approval for all regulations with
the state legislature. r

Another Federal Judge
Upholds 6th Circuit's
'Contiguous' Definition

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20 THE AMERICAN OIL & GAS REPORTER

WEXFORD, PA.-A federal judge
has ruled that a producer's eight
compressor stations located on separate
properties in two north-central
Pennsylvania counties cannot be
considered "adjacent" and are not
required to aggregate their emissions so
that they fall under more stringent
permitting.
The decision by the U.S. District
Court for the Middle District of
Pennsylvania in Citizens for
American Oil and Gas Reporter - April 2015

Table of Contents for the Digital Edition of American Oil and Gas Reporter - April 2015
