extension. With the denial, EPA moved the UB up from Marginal to Moderate nonattainment. This triggered EPA’s statutory obligation to move the UB to an even higher level, Serious. All of this results in significant additional controls and restrictions, despite the very real progress already being made to reduce emissions and enhance air quality. Again, EPA’s decision was flawed for a variety of reasons. For one, the UB has rare wintertime ozone that occurs only with heavy snow cover on the ground and temperature inversions that trap emissions in the Basin. The UB experienced exceptionally high snowfall in 2023, one of the two highest snow years of the last 50 years. Additionally, air quality in the UB has steadily improved over the past decade, with current ozone levels at or near EPA’s standard and 25% lower than in 2013, despite a doubling of oil production. The oil and gas industry, the primary source of emissions that form ozone in the UB, complies with more stringent federal and state regulations now compared to 2013, including EPA’s 2022 rulemaking requiring more emission controls for sources on Tribal lands. These controls are in place now but, for the most part, were not yet in place for the high snow/high ozone winter of 2023. The industry also implements voluntary emission controls, including flyovers with airplanes outfitted with emission detection technology that provides images of the otherwise invisible emissions. UPA continues to work with UDAQ towards implementing EPA’s expansive regulations to control methane emissions from existing oil and gas sources, the so-called “OOOOc” regulation. Controlling methane also controls VOCs. Figure 3. UB Ozone Trends About 75% of the oil and gas sources in the UB are on Tribal lands where EPA currently administers the air quality standards. The remaining 25% are on lands under the State of Utah’s jurisdiction The State of Utah, the Ute Tribe, a joint coalition of the Seven County Infrastructure Coalition with Duchesne and Uintah Counties, and UPA all engaged the courts and/or EPA seeking their reconsideration, with UPA, the State and the Tribe also requesting a stay of the December rulemaking. We are excited to share that EPA has granted that reconsideration, which means that EPA will re-do the rulemaking, a process that will take a year or more. Due to the regulatory mechanism the Biden administration used to issue the rule, EPA could not grant the stay of the rule, which is why UPA and Utah pursued a judicial stay to the rule. If granted, the stay would pause the rule so that the UB would return to Marginal while EPA completes the reconsideration. A group of three environmental non-governmental organizations (NGOs) jointly filed motions to intervene in the case and to file a brief opposing the judicial stay. The court has not yet decided on whether they can file in opposition to the stay. However, the court granted the NGOs’ request to intervene if the case eventually goes to full briefing and oral argument, something that we do not anticipate given that EPA will reconsider the rule. Nonetheless, the court granted our request to put the court case in abeyance other than ruling on the NGO requests and our stay motion. Thus, the case will remain in abeyance until EPA completes the reconsideration. We are extremely grateful to the member companies who have funded these efforts and to our diligent legal team for working so effectively on these issues. This isn’t the finish line, but it’s progress in the right direction for both cases. What this demonstrates is that when we work together, we achieve great things. It’s through the Utah Petroleum Association and trade associations like ours that members can leverage technical expertise, policy savvy and network connections to the benefit of our collective strength. We’re proud to represent you, and EPA’s grants of our requests to reconsider is a feather in our collective cap. 13 UPDATE
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