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# / R Incorporated Providing Environmental Technical Support Since 1989

1 MEMORANDUM

Date: August 30 , 2010

Subject: Summary of the August 3, 2010 Public Meetings in Denver, Colorado

Regarding the Oil and Natural Gas Industry

From: Karen Marsh , EC/R Incorporated

To: Bruce Moore, EPA/OAQPS/SPPD/CCG

I. PURPOSE

The purpose of this memorandum is to summarize the August 3, 2010 public meeting the

Environmental Protection Agency (EPA) held in Denver, Colorado

. The primary purpose of the

meeting was to establish a dialog among government, the affected industry, and other interested

members of the public early in the rule development process, as well as to receive information

that may be useful to EPA in its review.

II. DATE

Two meetings took place on Aug ust 3, 2010, the first from 12:00 p.m

. to 4:00 p.m

. and the

second from 6:00 p.m

. to 7:30 p.m

. at the Holiday Inn East

– Stapleton in Denver, Colorado

.

III. ATTENDEES

A total of 120 people attended the afternoon session, of which 21 provided remarks or presented

materials

. A total of 24 were in attendance at the evening session, of which 7 provided remarks

or presented materials

. All of the attendees of the afternoon and evening meeting sessions are

listed in Attachment 1

. The attendees of the meeting that provided remarks or present

information to the EPA are listed in the order in which they spoke in Tables 1 and 2, for the

afternoon and evening meeting sessions, respectively

.

In addition to the public attendees, the EPA had a panel available to a nswer questions from the

public

. The panel members included the following:

Carl Daly, Region 8, Air Permitting, Monitoring and Modeling Unit

Alison Davis, OAQPS, Policy Analysis and Communications Staff

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# / R Incorporated Providing Environmental Technical Support Since 1989

2 Jodi Howard , OAQPS, Sector Policies and Programs Di vision, Coatings and Chemicals Group

Penny Lassiter, OAQPS, Sector Policies and Programs Division, Immediate Office

Bruce Moore , OAQPS, Sector Policies and Programs Division, Coatings and Chemicals Group

Greg Nizich, OAQPS, Sector Policies and Programs Div ision, Coatings and Chemicals Group

Nick Parsons , OAQPS, Sector Policies and Programs Division, Coatings and Chemicals Group

IV. SUMMARY OF DISCUSSION

T he EPA began each session with a brief presentation outlining the current status of air

regulations for the Oil and Natural Gas Industry

.

The floor was then opened to allow remarks and presentations from the public

. Tables 1 and 2

present a summary of the remarks or presentations provided

. The audio from both sessions is

available online at http://www.epa.gov/airquality/oilandgas/

.

Table 1: Summary of Remarks/Presentations from the Afternoon Session in Denver, CO

Name Affiliation Summary of Remarks/ Presentation

Kim Weber Concerned Citizen Concerned about the loopholes in Colorado House Bill

1414 that allows for privately owned evaporation pits

.

Gopa Ross Sierra Club EPA needs to support and facilitate accurate

recordkee ping, reporting, and monitoring and also

concerned about the loopholes for evaporation ponds.

Elizabeth

Paranhos Environmental

Defense Fund Natural gas is a cleaner burning fuel but better regulations

need to be put in place to ensure environmental harm is

not an issue

. P rovided some information about control

opti ons

.

Kirby

Hughes Sierra Club Provided more information about emissions from the

various stages of oil and gas industry

. A major concern is

the evaporation ponds that are legal because of loopholes

in the state laws

.

Sarah

Coleman Earth Justice Organization urge s EPA to properly regulate each sector

in the NSPS and NESHAP and adopt technological

measures from Natural Gas S TAR companies

.

Paul Fiorino Concerned Citizen Public health is important but environmental health

(wildlife) is also equally important

.

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# / R Incorporated Providing Environmental Technical Support Since 1989

3 Table 1: Summary of Remarks/Presentations from the Afternoon Session in Denver, CO

Name Affiliation Summary of Remarks/ Presentation

Robert Harris Western Resource

Advocates Here to urge EPA to strengthen regulations because

b usiness as usual is failing to protect air quality

. EPA

should take a close look at Wyoming Department of

Environmental Quality Cont rol Technology Guidelines

and the Gas S T AR technologies.

Melanie

McPhee Sierra Club Concerned about produced water ponds and the associated

impacts on water quality

.

Richard

Garrett Wyoming Outdoor

Council Stated that o zone exceedance s in winter are not the same

in summer and wanted to point that out prior to the EPA

visits to Pinedale, WY

. Also supported the comments

made by Earth Justice.

David

Hendricks Concerned Citizen The Bureau of Land Management (BLM) is auctioning

ONG permits in Jackson county , WY

. He is concerned

about this practice without proper environment and public

health consideration

.

Dollis Wright QEPA

(environmental

consulting) Wants to ensure that data is the main decision maker when

it comes to regulations

. Repor ted that studies have shown

no public health risk from Oil and Natural Gas Industry.

Charlie

Montgomery Colorado

Environmental

Coalition Organization do es not want to stop drilling, but rather

ensure it is done responsibly.

Jeremy

Nichols WildEarth

Guardians Wants cost

- effective safe guards to be the industry norm,

especially in high development regions

. Lower emissions

should be achieved as standard operations of the industry,

not exceptions

.

Mike

Eisenfeld San Juan Citizens

Alliance The f our c orner regions are increasingly industrialized for

all sec tor s of ONG

. These regions are now on the verge

on non

- attainment due to NOx from oil and natural gas

.

John Jacus Davis Graham &

Stubbs Law Summarized CO and WY state regulations, which are

most restrictive and effective for the country for VOC

. Remind ed panel that federal government sets the

reg ulation and the state gets to decide how it is

implemented.

Kathleen

Sgamma Western Energy

Alliance Working on air inventory for all aspects of oil and natural

gas exploration and production

. Data shows basin

- to

basin difference s

.

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# / R Incorporated Providing Environmental Technical Support Since 1989

4 Table 1: Summary of Remarks/Presentations from the Afternoon Session in Denver, CO

Name Affiliation Summary of Remarks/ Presentation

Amy Mall Natural Resource

Defense Council Issued a report in 2007 called “Drilling Down” about oil

and gas industry and gave a copy to EPA

. Believe s over

50 HAP are emitted by industry

.

Roger Singer Sierra Club Supports lower air emissions and wants a h olistic

approach to regulations.

Mike

Chiropolow Western Resource

Advocates Discussed ozone issues in Pinedale, WY.

Lawrence

Martinez Concerned Citizen N atural G as has important positive impact on CO and is

concerned about how overregulation of the industry might

affect this impact negatively.

Andrea

Gelfoso Concerned Citizen Thinks both sides have compelling issues

. Believes EPA

needs to make s ure science is sound

.

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# / R Incorporated Providing Environmental Technical Support Since 1989

5 Table 2: Summary of Remarks/Presentations from the Evening Session in Denver, CO

Name Affiliation Summary of Remarks/ Presentation

Dan Randolph Earthworks OGAP Wants EPA to recognize the extent of the industry and to

compare economic impact to all populations at risks

.

Stan Dempsey Colorado Petroleum

Association Stated that regulations should be handled by the State

because the industry directly impacts the economics of

the State

.

Rev

. Patrick

Demmer Concerned Citizen Stated he appreciates the move from coal to natural gas

but is concerned about the air quality

. Wants EPA to not

over regulate but to protect the air quality of Colorado

.

Doug

Flanders Colorado Oil & Gas

Association Would like EPA to identify problems, sources of

emissions, and use robust analysis t o ensure proper

controls are used

. Stated that no other industry in

C olorado has done more to reduce emissions and ozone

in the State

.

Bill Downey Concerned Citizen Stated that it is important to not over regulate the industry

that would result in a dependence on foreign oil

.

Becky

English Sierra Club Would like EPA to consider lowering emissions over

time instead o f just setting standards

. E PA should direct

State partners to do more monitoring closer to sources of

emissions

.

Jeremy

Nichols WildEarth

Guardians Reiterated that we have a great win

- win opportunity,

better energy source while protecting the environment

. Want s to be sure industry is meeting the best standards

. Stated that C olorado has t aken steps to limit emissions

from oil and gas production

. This is a great opportunity

to transfer those standards to other areas (nationwide)

. Speaker did

not provide

name Concerned Citizen Wants the strictest regulations possible

. Speaker cited

heal th problems of neighbors as the reason for the

regulations.

The EPA presentation made at the beginning of the session, and the subsequent

remarks/presentations made by members of the public generated questions and discussion on a

variety of topics. Following is a brief list of the most prevalent topics. The audio (or video) files

available at http://www.epa.gov/airquality/oilandgas/ will provide complete information on the

discussion related to these topics.

 Current wintertime ozone studies in Color ado, Utah, and Wyoming.

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# / R Incorporated Providing Environmental Technical Support Since 1989

6  Use of the Natural Gas STAR program information in the rulemaking.

 The relationship of the oil and natural gas consent decree to other ongoing EPA

rulemakings.

 Cumulative effects of emissions from the oil and natural gas industry.

 R egulation of rural areas under Clean Air Act section 112(n)(4)(b).

 Regulation of criteria pollutants under the NSPS on an aggregate basis.

 Incentives for controlling condensate tanks in non

- attainment areas.

 Offshore regulations of the oil and natural gas industry.

 How State regulations compare to Federal regulations in terms of stringency.

 Potential regulation of methane emissions.

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Attachment 1

List of Attendees

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# / R Incorporated Providing Environmental Technical Support Since 1989

3

- 1 Table 1

- 1: List of Attendees at the Afternoon Session of the EPA Oil and Natural Gas

Public Meeting in Denver, CO on August 3, 2010

Name Affiliation

Andrew Cox

Joelle Martr

Ali Weiman

Chuck Cornell AECOM, Ft

. Collins, CO

Todd Rudolph AECOM, Ft

. Collins, CO

Roger Steen Air Sciences, Inc.

Bill Grygar Anadarko

John Lory AQCC

Lincoln Shurman ARS Fort Collins, CO

Peg Young Bill Barrett Corp oration

Eric Brandt Black Hills Corporation

Melissa Hovey BLM

- Cheyenne, WY

Angela Zahniser BLM

– Interior

Doug Henderer Buys & Associates

Daniel Pring Buys & Associates

Kate Fay CDPHE

Jaque Milofsky Centennial, CO

Jerry Williams City of Denver

Mark McMillan Colorado Dept

. of Public Health & Environment

Charlie Montgomery Colorado Environmental Coalition

Sean Fierst Colorado Oil & Gas Association

Doug Flanders Colorado Oil & Gas Association

Jen Schulte Colorado Oil & Gas Association

James Van Horne Compliance Partners, Inc.

Joan Coplan Concerned Citizen

Paul Fiorino Concerned Citizen

Andrea Gelfoso Concerned Citizen

David Hendricks Concerned Citizen

Lawrence Martinez Concerned Citizen

Barbara Roberts Concerned Citizen

Kim Weber Concerned Citizen

Shaun Higgins Cornerstone Environmental

Wade Janecek Cornerstone Environmental

John Jacus Davis Graham & Stubbs Law

Savanna Harris DCP Midstream

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# / R Incorporated Providing Environmental Technical Support Since 1989

3

- 2 Table 1

- 1: List of Attendees at the Afternoon Session of the EPA Oil and Natural Gas

Public Meeting in Denver, CO on August 3, 2010

Name Affiliation

Wes Hill DCP Midstream

Stephen Ondak DCP Midstream

Martin Smith DCP Midstream

Pete Stevenson DCP Midstream

Laura Weber DCP Midstream

Min Wang Eagle Rock Energy

Sarah Coleman Earth Justice

Heather Brown EC/R Incorporated

Denise Grubert EC/R Incorporated

Karen Marsh EC/R Incorporated

Vince Brindley El Paso Corp oration

Jennifer Webster El Paso Corp oration

Greg Schrab El Paso E&P Co

Cindy Allen Encana

Melanie Holt Encana Oil & Gas (USA), Inc.

Elizabeth Paranhos Environmental Defense Fund

Cindy Beeler EPA

Rebecca Matichuk EPA

Alexis North EPA

Christopher Rassasian EPA

Katie Romero EPA

Carey Bylin EPA OAP

Scott Jackson EPA Region 8

DJ Law EPA Region 8

Kathleen Paser EPA Region 8

Claudia Smith EPA Region 8

Eric Wortman EPA Region 8

Erica Hauck EPA, OIG

Tom Monahan Exxon Mobil

Eric Triplett Faegre & Benson

Roger Knight Gasco Energy

Marsha Sonderfan Golder Associates

Jenn Hoffman Hill and Knowlton

Bronwyn Wallace Hill and Knowlton

Janet Littlefield Hogan Lovells

John Priecko ICF International

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# / R Incorporated Providing Environmental Technical Support Since 1989

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- 3 Table 1

- 1: List of Attendees at the Afternoon Session of the EPA Oil and Natural Gas

Public Meeting in Denver, CO on August 3, 2010

Name Affiliation

Thomas Bach Kinder Morgan

Carol Butero Kinder Morgan

Jessica Toll Kinder Morgan

Ed Graham KP Kauffman

Sherri Livengood Lesair Environmental

Tom Murphy LT Environmental

Christine Trontell Mark West Energy Partners

Amy Mall Natural Resource Defense Council

Steve Howell Ninyo & Moore

Chris Martinez Noble Energy, Inc.

Curtis Rueter Noble Energy, Inc.

Mike George NPS

Randall Ferguson PDC Energy

Jerry Jacob Pioneer Natural Resources

Justin Spaeth Purestream Technology

Kathryn Fontaine QEP Resources

Lee Hinman QEP Resources

Dollis Wright QEPA (environmental consulting)

David Patton Radiometrics Corp.

Steven Folk Red Willow Production

Bill Shearer RMS

M Stratton S&A

Mike Eisenfeld San Juan Citizens Alliance

Michael Chatwin Shepherd

Kirby Hughes Sierra Club

Melanie McPhee Sierra Club

Mary Pierce Sierra Club

Salley Rickenbacker Sierra Club

Gopa Ross Sierra Club

Roger Singer Sierra Club

Lauren Ris State General Assembly

Sara Nuttall Tetra Tech

Celina Romero Texas Pipeline Association

Lynn Olson Trihydro Corp

Paula Menten URS

Jeff Sorkin US Forest Service, Denver Regional Office

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# / R Incorporated Providing Environmental Technical Support Since 1989

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- 4 Table 1

- 1: List of Attendees at the Afternoon Session of the EPA Oil and Natural Gas

Public Meeting in Denver, CO on August 3, 2010

Name Affiliation

Craig Carter Walsh Environmental

Jon Haubert Western Energy Alliance

Kathleen Sgamma Western Energy Alliance

Mike Chiropolow Western Resource Advocates

Robert Harris Western Resource Advocates

Tom Moore WGA

- WRAP

Clay Taylor Whiting Oil & Gas

Jeremy Nichols WildEarth Guardians

Pam Roth Williams

Jim Tangeman Williams

Sarah Bartlett Williams E & P

Rick Matan Williams Production

Lee Gribovicz WRAP

Mark Smith Wyoming Department of Environmental Quality

Richard Garrett Wyoming Outdoor Council

Nina Hutton XTO Energy

Lisa Winn XTO Energy

Table 2: List of Attendees at the Evneing Session of the EPA Oil and Natural Gas Public

Meeting in Denver, CO on August 3, 2010

Name Affiliation

Jerry Kenczka BLM

Kent Glassman Citizen/Littleton, CO

Doug Flanders Colorado Oil & Gas Association

Stan Dempsey Colorado Petroleum Association

Rev

. Patrick Demmer Concerned Citizen

Bill Downey Concerned Citizen

Dave Brown Contractor for BP America

Rusty Frishmuth DCP Midstream

Dan Randolph Earthworks OGAP

Bryan Clode Encana

Tom Monahan Exxon Mobil

Jennifer Hoffman Hill and Knowlton

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# / R Incorporated Providing Environmental Technical Support Since 1989

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- 5 Table 2: List of Attendees at the Evneing Session of the EPA Oil and Natural Gas Public

Meeting in Denver, CO on August 3, 2010

Name Affiliation

Bronwyn Wallace Hill and Knowlton

Larry Volmeit Holland and Hart

Connally Mears None

Brenda Boeckel None/ Littleton, CO

Craig Brown QEP Resources, Inc.

Sara Bridgeforth Sierra Club

Becky English Sierra Club

Debra Taylor Sierra Club

Kim Ayotte Trinity Consultants

Jeremy Nichols WildEarth Guardians

Martha Hyder Wind River Environmental Group, LLC

Lee Gribovicz WRAP