Talking points on New York’s proposed oil and gas rules
Information and talking points for the public comment period on the New York DEC proposed oil and gas rules (July 2021)
Background
In June, the New York Department of Environmental Conservation (DEC) proposed new rules to lower climate- and health-harming pollution generated by the state’s oil and natural gas sector. These build on the 2016 Control Techniques Guidelines (CTGs) issued by the US Environmental Protection Agency and a DEC outline for the rules in 2018.
Compared to the 2018 outline, the current draft rules incorporated a number of recommendations from environmental and community groups. Yet, there are still parts of the rules that should be strengthened, and DEC needs to hear from the public to ensure that strong rules are passed that reduce as much oil and gas pollution as possible.
Key talking points to consider using in testimony or written comments. Please feel free to select from and adapt this information and personalize it with your own ideas and experiences.
1. New York has taken bold steps to prohibit shale gas development and given ambitious climate goals the force of law through the Climate Leadership and Community Protection Act. Meaningful reductions of greenhouse gases must occur now to avoid the most catastrophic effects of climate change.
2. The continued expansion of natural gas infrastructure is incompatible with New York’s goals, as it will generate higher levels of climate- and health-harming pollution. DEC’s greenhouse gas inventory for the oil and gas sector states that the sources covered by the proposed rule (midstream and downstream sources) create the majority of the state’s methane emissions in the oil and gas sector–and that those emissions continue to rise and are likely higher than estimated. Given this, the Part 203 rules must reduce as much pollution as possible.
3. DEC has made notable improvements since the 2018 Stakeholder Outline, and these must be retained in the final version. In particular:
- Directly addressing methane, a potent greenhouse gas 86x worse for the climate than carbon dioxide in the short-term;
- Coverage for gas distribution and storage systems;
- Better pollution control technologies (vapor control and seals) on tanks and compressor stations;
- Requiring some gas capture at compressor stations;
- Requiring the use of optical gas imaging (OGI) for leak detection; and
- Prohibiting the venting of tanks starting in 2023.
4. DEC needs to go further and strengthen the proposed rules to more effectively reduce oil and gas pollution. In particular, DEC should:
- Require monthly leak detection and repair (LDAR) on all equipment covered by the rule. Research shows that leaks are random and can only be detected with frequent and regular inspections. Even seemingly small leaks can add up and cause higher levels of pollution. There is precedent for this; for example, Colorado requires monthly inspections for large pollution sources, as well as for medium-sized ones located close to homes, schools, businesses, and recreational areas.
- Require monthly leak detection and repair (LDAR) on all equipment covered by the rule. Research shows that leaks are random and can only be detected with frequent and regular inspections. Even seemingly small leaks can add up and cause higher levels of pollution. There is precedent for this; for example, Colorado requires monthly inspections for large pollution sources, as well as for medium-sized ones located close to homes, schools, businesses, and recreational areas.
- Require monthly leak detection and repair (LDAR) on all equipment covered by the rule. Research shows that leaks are random and can only be detected with frequent and regular inspections. Even seemingly small leaks can add up and cause higher levels of pollution. There is precedent for this; for example, Colorado requires monthly inspections for large pollution sources, as well as for medium-sized ones located close to homes, schools, businesses, and recreational areas.
- Require monthly leak detection and repair (LDAR) on all equipment covered by the rule. Research shows that leaks are random and can only be detected with frequent and regular inspections. Even seemingly small leaks can add up and cause higher levels of pollution. There is precedent for this; for example, Colorado requires monthly inspections for large pollution sources, as well as for medium-sized ones located close to homes, schools, businesses, and recreational areas.
- Require monthly leak detection and repair (LDAR) on all equipment covered by the rule. Research shows that leaks are random and can only be detected with frequent and regular inspections. Even seemingly small leaks can add up and cause higher levels of pollution. There is precedent for this; for example, Colorado requires monthly inspections for large pollution sources, as well as for medium-sized ones located close to homes, schools, businesses, and recreational areas.
- Require monthly leak detection and repair (LDAR) on all equipment covered by the rule. Research shows that leaks are random and can only be detected with frequent and regular inspections. Even seemingly small leaks can add up and cause higher levels of pollution. There is precedent for this; for example, Colorado requires monthly inspections for large pollution sources, as well as for medium-sized ones located close to homes, schools, businesses, and recreational areas.
- Require monthly leak detection and repair (LDAR) on all equipment covered by the rule. Research shows that leaks are random and can only be detected with frequent and regular inspections. Even seemingly small leaks can add up and cause higher levels of pollution. There is precedent for this; for example, Colorado requires monthly inspections for large pollution sources, as well as for medium-sized ones located close to homes, schools, businesses, and recreational areas.
- Require monthly leak detection and repair (LDAR) on all equipment covered by the rule. Research shows that leaks are random and can only be detected with frequent and regular inspections. Even seemingly small leaks can add up and cause higher levels of pollution. There is precedent for this; for example, Colorado requires monthly inspections for large pollution sources, as well as for medium-sized ones located close to homes, schools, businesses, and recreational areas.
5. DEC has opted not to require continuous emissions monitoring systems (CEMS) at large facilities like compressor stations. These systems are important for tracking the amount of pollution emitted at the source’s stacks (where combustion pollutants exit a source like a turbine or engine). DEC should consider requiring CEMS for sources that meet certain criteria (e.g., major sources, facilities in areas that exceed federal air pollution standards, environmental justice areas, facilities with a history of harmful pollution or violations). At the very least, DEC should explain its reasons for not including CEMS.
6. DEC should make the records and air emissions data it collects from operators publicly available (via a database or website) to ensure accountability by operators and DEC. Tracking and disseminating these data is essential for transparency and to support the ability of directly affected residents and the public to help ensure polluters’ adherence to regulations. Such compilation of data would also support DEC’s efforts to enforce the Part 203 rules and ensure that they are functioning in practice as intended on paper.
For more information, feel free to contact:
Matt Walker
Advocacy Director
Clean Air Council
215-567-4004 ext 121
Nadia Steinzor
Senior Policy Analyst and Research Manager
Earthworks
nsteinzor@earthworksaction.org
202-887-1872, ext. 109
