Karin Foster, Esq.

Executive Director 

IPANM 

5805 Mariola Place, NE 

Albuquerque, NM 87111 

Fosterassociates2005@Yahoo.com

June	13,	2014

US	EPA	Office	of	Air	Quality	

Planning	and	Standards	(OAQPS)

Raleigh,	NC

By	email:	oilandgas.whitepapers@epa.gov

Re:	 IPANM	 comments	 to	 OAQPS	 Oil	 and	 Natural	 Gas	 Sector	 Pneumatic	 Devices	

Whitepaper

Dear	Sir	or	Madam;	

The	 Independent	Petroleum	Association	of	New	Mexico	 (‘IPANM’)	appreciates	 this	

opportunity	to	comment	to	the	EPA	Office	of	Air	Quality	Planning	&	Standards	(hereinafter	

‘EPA’)	whitepaper	on	Oil	and	Gas	Sector	Pneumatic	Devices	of	April	2014.	

Preliminary	matters:	

Without	adequate	research	and	an expert	understanding	of	 the	issues,	it	would	be	

unethical	 for	 the	 EPA to	 move	 forward	 with	 promulgating	 methane	 reductions	 policy	 or	

rules	 at this	 time.	 The	whitepapers	 and	 studies	 cited	 therein	 do	 not	 appreciate	 that	 the	

issues	 around	 methane	 reductions	 are complex	 and	 very	 dynamic.	 In	 fact,	 since	 the	

introduction	 of	 the	 First	 Assessment	 Report	 (FAR)	 of	 the	 Intergovernmental	 Panel	 of	

Climate	 Change	 (IPCC	 1990),	 there	 has	 been	 vigorous	 discussion	 about	 whether	 global	

warming	potential	(GWP)	to compare different	gases	on	a	CO2	equivalent	scale should	be	
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the	accepted	methodology	to	understand	the	true	impacts	of	methane.

1 2 As	recently	as	last	

month,	MIT	 researchers	 published a	letter,	 titled,	 “Climate	impacts	of	energy	 technologies	

depend	on	emissions	timing”	in	Nature	Climate	Change stating	that	the	static	nature	of	GWP	

to	compare	gases	with	differing	radiative	efficiencies	and	atmospheric	lifetimes	has	led	to	

‘major	 shortcomings’	 in	 understanding	 energy	 technology	 valuations3. However,	 in	 the	

urgency to	complete	methane	reductions	regulations	by	 the	end	of	2016,	 the	Whitehouse	

has	directed	the	EPA	draft	whitepapers	and convene	peer	review	panels	to	give	the	agency	

a	‘robust	understanding’	of	the	issues.		IPANM	would	contend	that	these	whitepapers	were	

obviously	rushed,	had	a	limited	and	biased	selection	of	studies	and	we	question	the	efficacy	

of	the	peer	review	process.		We	hope	that	the	agency	would	proceed	with	this	process	in	a	

manner	 that allows	 for	 true	 stakeholder	 involvement	 and	 opportunity	 for	 comment as	

required	in	the	federal Administrative	Procedures	Act. Finally,	we	would	urge	the	agency	to	

use	the	resources	and	expertise	available	at	the	New	Mexico	Petroleum	Recovery	Research	

Center	 to	learn	about	 the	unique	characteristics	of	oil	and	gas	operations	in	 the	San	 Juan	

and	 Permian	 basins.	 Within	 the	 PRRC	 is	 the Research	 Partnership	 to	 Secure	 Energy	 for	

America	 (RPSEA),	 Small	 Producer	 Program which	is	 a	public/private	 partnership	 funded	

by	 the	U.S.	DOE	 through	 the	National	Energy	Technology	Laboratory.	The	Small	Producer	

Program	aims	 to	develop	and	apply technology	 that	enhances	small	producer	production,	

and	 thereby	 contributes	 to	 the	 nation’s	 energy	 supply.	 The	 PRRC/New	Mexico	 Tech	 was	

																																																							 1 Shine,K. “The global warming potential – the need for an interdisciplinary retrial” Climactic Change Journal, Oct. 

2009, vol. 96, issue 4, p. 467-472. 2 Even as one of the lead authors of one of the chapters of the first IPCC report, Dr. Shine questions whether using 

the ‘simple approach’ of global warming potential metrics improperly influenced a ‘major piece of 

environmental legislation’ (Kyoto Protocol) that could impact ‘big investment and policy. ’ 3 Edwards, M. & Trancik, J., “Climate Change of energy technologies depend on emissions timing”, Nature Clim. 

Change Letter, May 2014, 
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chosen	 to	 lead	 the	 SP	 program	 because	 of	 their	track	 record	 of	 research	 and	 actions	 on	

behalf	of	small	oil	and	gas	producers,	 for	whose	benefit	our	organization	was	established.		

IPANM	would	also	be	happy	to	provide	additional	input	to	the	EPA	in	the	development	of	

policy,	rules	and	regulation	on	methane	reduction	strategies.		

Who	is	IPANM:

The	Independent	Petroleum	Association	of	New	Mexico,	IPANM,	represents	several	

hundred	independent	oil	and	gas	producers	who	live,	work	and	employ	New	Mexicans.		We	

are	small,	with,	on	average,	25	employees	who	often	wear	multiple	proverbial	hats,	but	we	

provide	enough	revenue	to	the	State	of	New	Mexico	to	support	31%	of	the	General	Fund4.		

We strive	to	be	stewards	of	the	land	in	a	state	where	nearly	41.8%	of	the	land	is	federally	

owned.		The	Bureau	of	Land	Management	New	Mexico	office	manages	one	of	the	largest	oil	

and	 gas	 programs	 in	 the	 agency	 controlling	 13.4	 million	 acres	 of	 public	 lands	 and	 26	

million	 subsurface	 acres	 of	 federal	 oil,	 natural	 gas,	 and	 minerals.	 	 There	 are	 currently	

30,561	active	wells	on	 federal	lands5 ranking	New	Mexico	sixth	in	crude	oil	production	in	

the	nation	in	20136.	New	Mexico’s	marketed	production	of	natural	gas	accounted	for	4.8%	

of	U.S.	marketed	 natural	 gas	 production	in	 2012,	 despite	 a	 decline	in	 production	 of	 20%	

between	 2007	 and	 20127. According	 to	 the	 Office	 of	 Natural	 Resources	 Revenue,	 in	 FY	

2013	 the	 Federal	 Government	 disbursed	 $478,732,193.90	 in	 revenues	 to	 New	 Mexico8,	

which	is	only	48%	of	the	total	royalty	revenues	collected	for	oil	and	gas	operations	on	NM	

federal	lands.	

																																																							 4 “Fiscal Impacts of Oil and Natural Gas Production in New Mexico: Preliminary report”, New Mexico Tax 

Research Institute, Jan 2014. 5 http://www.emnrd.state.nm.us/OCD/documents/OCD%20Well%20Statistics03272014.pdf 6 http://www.eia.gov/state/?sid=NM

7 Id. 

8 http://statistics.onrr.gov/ReportTool.aspx
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The	 process	 by	which	 these	whitepapers	were	 developed	was	 flawed	 and	 requires	more	

study	and	expert	understanding	of	the	issues.	

Regulation	in	the	air	quality	arena	is	not	new,	however,	IPANM	would	contend	that	

the	 process	 by	 which	 the	 Whitehouse,	 through	 the	 EPA	 and	 the	 BLM, is	 seeking	 to	

implement	 new	 or	 substantially	 expanded	 methane	 reduction	 strategies,	 is	 not	 tenable9.

Note	 that	 IPANM	 does	 not	 contest	 the	 authority	 of	 the	 EPA	 to	 regulate	 Greenhouse	 Gas	

emissions10,	of	which	methane	is	a	part	of	those	emissions11.		The	authority	under	the	Clean	

Air	 Act	 and	 a	 growing	 body	 of case	 law,	 grants	 the	 complex	 balancing	 of	 “national	 and	

international	 policy	 against	 environmental	 benefit,	 our	 nation’s	 energy	 needs	 and	 the	

possibility	 of	 economic	 disruption”	 solely	 on	 the	 Environmental	 Protection	 Agency.	 See,	

American	Electric	Power	v.	Connecticut,	131	S.Ct.	2527,	564	U.S.	 ____	,slip	op.	10-174	at	13	

(2011).		Indeed,	through	out	the	American	Electric decision,	the	US	Supreme	Court	justices	

refer	 to	 the	 EPA	 as	 the	 “experts”12 in	 greenhouse	 gas	 and	 air	 quality	 matters.	 In	 the	

Administration’s	“2014	Climate	Action	Plan:	Strategy	 to	reduce	methane	emissions13”,	the	

President	 orders	 the	BLM,	 the	EPA,	USDA,	DOE	and	even	international	agencies	 to	 target	

key	 sources	 including	 landfills,	 coalmines,	 agriculture	 and	 the	 oil	 and	 gas	 sector	 and	 to	

																																																							 9 IPANM does contend that the statutory jurisdiction to regulate methane reductions lies exclusively with the EPA 

and not the BLM which is attempting to regulate methane emissions under the guise of a prevention of waste 

legal theory. 10 In Massachusetts v. EPA, 549 U. S. 497 (2007), the US Supreme Court held that the Clean Air Act, 42 U. S. C. 

§7401 et seq., authorizes federal regulation of emissions of carbon dioxide and other greenhouse gases, 

including methane.

11 IPANM does, however, contest the science behind the policy for reducing human caused methane sources. 

Several of our members pointed out in response to this exercise that the science of global warming and impacts 

of human activities have not been settled yet. In 2012, CH4 accounted for about 9% of all U.S. greenhouse gas 

emissions from human activities. But water vapor in the atmosphere is responsible for 95 percent ofthe 

greenhouse effect and CO2 is responsible for 3.6 percent. A study from MIT reported on 5/30/07 said that 97% 

of all greenhouse gases are naturally occurring, and the remaining 3% are caused by man. So methane is only 

3% of the 9%. Insignificant. 12 American Electric Power v. Connecticut, 563 US _____, slip op. at p. 3, 16,17,18 13 March 2014 Climate Change Strategy: Reduction of Methane Emissions, found at 

http://www.whitehouse.gov/sites/default/files/strategy_to_reduce_methane_emissions_2014-03-28_final.pdf,
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promulgate	rules	to	reduce	methane	emissions.		The	White	House	specifically	directs14 the	

BLM	to	propose	updated	standards	to	reduce	venting	and	flaring15, and mandated	the	EPA	

to	draft	white	papers	focusing	on	technical	issues relating	to	methane	emissions	from “oil	

and	 co-producing	wells,	liquids	 unloading,	leaks,	 pneumatic	 devices	and	 compressors”	to	

“solicit	 input	 from	 independent	 experts16” (hereinafter	 referred	 to	 as	 the	 EPA	 methane	

papers).	 	 The	 EPA	 was	 further	 ordered	 to	 use	 these	 documents	 to	 “solidify	 its	

understanding	of	these	potentially	significant	sources	of	methane.”	

The	EPA	methane	papers	came	out	 for	peer	review	and	comment	one	month	after	

the	release	of	the	Whitehouse	report	with	only 60	days17 to	comment on	nearly	300	pages	

of	technical	data.		The	Whitehouse report also	directed	the	agency	to	convene peer	review	

panels, which	was	done, but	those	panels	only	consist	of 5	persons	per	panel,	and not	one	

single	 small	 independent	 was	 included	 on	 any	 panel.	 It	 is	 interesting	 to	 note	 that	 the

Environmental	 Defense	 Fund,	 however,	 was	included	 on	 every	 panel thereby	 giving	 that	

group	a	significant	voice	in	this	process.	

From a	 detailed	 review	 of	 the	EPA	methane	 papers,	it	is	 obvious	that	 the	 authors	

were	 clearly	 limited,	 probably	 due	 to	 time	 constraints,	 to	 a	 small	 subset of	 studies	 that	

were	 often	 out	 of	 date,	 had	 poor	 sampling	 criteria,	 had	 wildly	 inaccurate	 extrapolation	

factors or	 cite	 to	 each	 other	 as	 ‘science’.	 Of	 the	 few	 studies	 the	 EPA	 relied	 upon,	 every	

																																																							 14 President’s Methane Reduction Strategy, page 2, 9. 15 The BLM Venting and Flaring public outreach sessions were conducted in North Dakota, New Mexico and 

Washington DC. IPANM has submitted substantive comments to the BLM on their May 2014 Venting & 

Flaring proposal and would urge both the BLM and this agency to include IPANM, PRRC or RPSEA (see 

discussion above) in future stakeholder discussions. 16 Id. at 8 par. 2. 17 60 days to read and digest nearly 300 pages of technical information was very difficult. To require industry to 

commission, prepare and present data to augment the very weak studies relied upon by the EPA was 

impossible. In addition, the timeframe set did not avail IPANM the ability to structure studies with the New 

Mexico Petroleum Research Recovery Center or RPSEA who are the entities often commissioned for such 

work. 
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whitepaper referenced a	 study	 commissioned	 by	 the	 Environmental	 Defense	 Fund that	

reviewed	only	22	sources	of	emissions.			IPANM	strongly	contests	the	use	of	this	paper	as	

the	 assumptions	 used	 are	 wildly	 inaccurate.	 	 First,	 the	 average	 $4mcf	 value	 is	 high,	

particularly	for	smaller	operators	who received	much	less	on	average	during	most	of	2012	

and	 201318.	 	 Second,	 the	 base	 assumption	 that	 the	 cost	 of	 flaring	 is	 only	 $3523	 per	 well

ignores	the	true	costs	which,	by	IPANM	member	review,	were	well	in	excess	of	$10,000	per	

well	 because	 of	 the equipment	 rental,	 mileage,	 time and	 personnel	 time	 to	 operate	 the	

equipment.			As	noted	earlier	in	this	comment,	the	small	producer	has	significantly	different	

economics	 than	 major	 companies	 who	 employ	 personnel	 versus	 hiring	 consultants	 or	

contractors	at	market	rate	to	conduct	a	test	or an	emergency	procedure	such	as	a	flare	or	

venting	 during	 liquids	 offloading.	 	 The	 misuse	 of	 the	 cost	 figures	 which	 ICF	 then

extrapolated	 to	 estimate	 savings	 on	 a	 nationwide	 basis	 renders	 the	 EDF	 study	 close	 to	

meaningless	 as	 a	 foundation	 for	 a	 Whitehouse	 methane	 reduction	 strategy.	 	 Clearly,	the	

manner	 in	 which	 the	 EPA researched	 the	 issues	 raised	 in	 the	 whitepapers	 was	 nothing	

more	 than	 a	 ‘data	 dump’	 that	 could	 not	 be	 considered	 an	 adequate	 learning	 process	 to	

establish	 expertise	 on	 these	 very	 complex	 matters.	 IPANM	 contends	 that	 based	 on	 the	

inadequate	 information	 reviewed, that	 the	 EPA	 does	 not	 have	 any	 sort	 of	 a	 ‘robust	

understanding19’ of	 these	 sources	 of	 methane	 thus,	 moving	 forward	 with	 policy	 or	 rule	

promulgation	is	premature at	this	time.	

																																																							 18 http://gotech.nmt.edu/gotech/Marketplace/year_prices.aspx?year=2013 19 In the President’s Climate report ordering EPA to complete the whitepapers, the Whitehouse assumes that 

completion of the papers would result in ‘robust technical understanding’ of the issues. IPANM contends that 

in every instance that the studies used and the lack of data does not give EPA regulators the required 

understanding of the issues to establish policy. 
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In	addition,	 IPANM	would	 urge	 the	 EPA	 to	 review	and	 completely	 understand	the	

information	 included	 in	 the	 National	 emissions	 inventory	 and	 information	 submitted	

pursuant	 to	 the	recently	promulgated	NSPS	SubPart	OOOO	amendments20.		This	data will	

provide	a	large	amount	of	information	about emissions	at	oil	and	natural	gas	facilities but	

experts	 who	 understand	 industry	 must	 study	 and	 understand	 the	 information	 prior	 to	

establishing	policy.	21 NSPS	SubPart	OOOO requires	 federal	air	 standards	 for	new	natural	

gas	 wells	 that	 are	 hydraulically	 fractured,	 along	 with	 requirements	 for	 several	 other	

sources	 of	 volatile	 organic	 compound	 (VOC)	 emissions	 from	 new	 storage	 vessels,	 newly	

installed	compressors,	pneumatic	controllers	and	equipment	leaks	at	natural	gas	facilities.	

Although	 the	 New	 Source	 Performance	 Standards	 directly	 regulate	 VOC	 emissions,	 in	 a	

Government	Accounting	Office	report	issued	May	16,	2014,	the	EPA	reports	that	the	control	

requirements	 of	 NSPS	 SubPart	 OOOO	 substantially	 reduces methane	 emissions 22 .	

Concurrent	with	the	NSPS,	in	April	2012,	EPA published	final	National	Emission	Standards	

for	 Hazardous	 Air	 Pollutants,	 updating	 its	 air	 toxics	 standards	 for	 oil	 and	 natural	 gas23.	

These	standards	cover	hazardous	air	pollutants	emitted	from	glycol	dehydrators—used	to	

remove	 water	 from	 gas—and	 storage	 vessels,	 and	 equipment	 leaks	 at	 natural	 gas	

processing	 plants. Use	 of	actual	measurement	 from	locations	is	 obviously	 better	 towards	

																																																							 20 U.S. EPA, Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for 

Hazardous Air Pollutants Reviews Final Rule, 77 Fed.Reg. 49490 (Aug. 16, 2012) (codified at 40 C.F.R. Parts 

60 and 63). 21 IPANM would urge the reviewers to look at the UT study that clearly explains differences in modeling based 

numbers used in the National Emissions Inventory versus actual measurements on location. We would caution 

against exclusive use of this study, however, since the measurements used were from shale formations only. 

See, Proceeding of the National Academy of Sciences of the United States of America (PNAS). 2013. 

Measurement of Methane Emissions at Natural Gas Production Sites in the United States. August 19, 2013. 

Available at http://www.pnas.org/content/early/2013/09/10/1304880110.abstract.. 22 GAO-14-238; Oil and Gas, Updated Guidance, Increased Coordination, and Comprehensive Data Could Improve 

BLM's Management and Oversight, page 23 23 77 Fed. Reg. 49490 (Aug. 16, 2012) (codified at 40 C.F.R. Parts 60 and 63).
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building	an	understanding	of	the	issue	of	methane	emissions,	which	is	what	we	believe	the	

agency	is	attempting	with	 the	recent	implementation	of	 the	NSPS	regulations.		We	would	

urge	 the	 EPA	 not	 to	 rush	 to	 creating	 regulations	 for	 all	 new	 and	 existing	 oil	 and	 gas	

locations	 to	 reduce	 methane	 emissions	 without	 a	 solid	 understanding	 of	 the	 actual	

impacts24 of	methane	emissions	on	human	health	and	the	environment	or	the	actual	levels	

emitted	from	all	types	of	oil	and	gas	sources.		

Specific	Comments	BY	IPANM	Members	to	April	2014	Whitepaper,	“Oil	and	Natural	Gas	

Sector	Pneumatic	Devices”

Pg.	3 Definitions	for	low	bleed	controller	(</=	to	6	scfh)	versus high	bleed	(>	6	scfh)	

are	arbitrary which	vary	based	on	volume,	pressure,	throughput	rate,	operating	

characteristics,	ambient	conditions,	etc.	

Pg.	7-28 Discussion	of	Data	Sources	(Studies):	

General	Comments:	Most	of	the	studies	in	this	whitepaper	rely	on	20+	year	old	

data	and	conclusions	from	a	study	conducted	by	the	Gas	Research	Institute	and	

EPA	 as	 to	 controller	 emission	 factors	 and	 emission	 volumes (GRI/EPA	 study).	

This	1996	study	is	almost	statistically	meaningless when	considering	policy	in	

2014,	meaning	that	all	the	future	studies	that	rely	on	it	are	also	useless.	None	of	

the	 studies	 consider	 the	 probable	 reductions	 that	 have	 occurred	 since	 the	

implementation	of	NSPS	subpart	OOOO.	Most	of	 the	studies	use	small	regional	

sample	sizes	and	then	attempt	to	extrapolate	the	small	amount	of	regional	data	

to	national	levels.	There	is	no	indication	that	any	of	these	studies	have	been	peer	

reviewed.

																																																							 24 Edwards, M. & Trancik, J., “Climate Change of energy technologies depend on emissions timing”, Nature Clim. 

Change Letter, May 2014. The actual impact of methane from different energy sources is substantially 

different than previously believed using the very simplistic GWP modeling. The MIT researchers advocate the 

use of dynamic modeling that better accounts for the differing radiative efficiencies and atomospheric lifetimes 

of different gases. In essence, the comparison of gases must be dependent on the timing of the emissions. The 

researchers note that while it might be in vogue to tout the disasterous health effects of emissions from coalfired plants as a policy determination to support natural gas plants, three decades from now, the emissions 

advantages of natural gas as compared to coal would be half of the levels claimed in the GWP modeling. 
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Pg.	8 The	 main	 study	 upon	 which most	 of	 the	 other	 studies	 referenced	 in	 this	

whitepapers	was	based	upon	was	conducted	by	the	Gas	Research	Institute	and	

EPA	 in	 1996.	 The	 conclusions	 of	 this	 study	 relative	 to	 emission	 factors	 and	

emission	 volumes	 are	 used	 as	 the	 basis	 for	 most	 of	 the	 later	 studies	

referenced,	therefore,	the	later	studies	are	only	as	good	as	this	GRI/EPA	1996	

study	- and	it	has	significant	problems	(see	below).

Pg.	8 This	data	and	the	conclusions	of	the	study	are	18	years	old

Pg.	8 In	order	to	determine	an	"emission	factor",	this	GRI/EPA	1996	study	relied	on	

the	data	from	another	study	conducted	by	the	Canadian	Petroleum	Association	

in	1992	- over	20	years	ago.	This	CPA	1992	study	apparently	only	analyzed	37	

controllers	in	Alberta.

Pg.	8 GRI/EPA	1996	uses	the	data	on	37	controllers	in	CPA	1992	study	in	order	to	

extrapolate	an	 overall	 "emission	 factor"	 to	apply	nationally.	This	sample	size	

from	the	CPA	1992	study	is	statistically	insignificant.

Pg.	8	&	15 Table	2-4	purports	to	estimate the	pneumatic	controller	population	nationally	

at	892,403	 (not	892,400	- but	892,403!)	based	on	arbitrary	 "activity	 factors"	

from	 the	 GRI/EPA	 1996	 study.	 The	 data	 set	 from	 the	 CPA	 1992	 study	 (37	

controllers)	 was	 used	 to	 extrapolate	 a	 "generic	 emission	 factor"	 to	 apply	

nationally	 for	 892,403	 controllers.	 Therefore,	 the	 sample	 size	 is	 about	

4/10,000	of	1	percent	(37/892,403=0.000042461).

Pg.	8 In	addition,	GRI/EPA	1996	also	used	some	"measured	emission	rates"	 from	a	

20	year	old	study	from	Tenneco	Transportation	with	no	consideration	for	age,	

design,	 size,	 maintenance,	 operating	 conditions,	 sampling	 time,	 etc.	 for	 the	

controllers.

Pg.	9	 For	 intermediate	 bleed	 devices,	 only	 7	 measurements	 were	 performed	 to	

determine	an	emission	factor	that	was	applied	nationally.

Pg.	9	 For	 "activity	 factors"	and	 projected	 controller	 population,	 only	 22	 sites	were	

visited	and	this	became	the	basis	for	a	national	estimate.

Pg.	10 All	 of	 the	 above	 was	 thrown	 into	 a	 bucket	 and	 out	 comes	 a	 very	 scientific	
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sounding	"'generic'	pneumatic	controller	emission	factor".

Pg.	4 Other	problems	with	such	a	flimsy	extrapolation,	bleed	rates	are	dependent	on	

the	design	and	operating	characteristics	of	the	specific	device,	and	devices	that	

do	vent	continuously,	do	so	at	varying	rates	over	 time.	Neither	of	 these	 facts	

were	 apparently	 considered	 in	 the	 EPA's	 extrapolation	 for	 a	 nationally	

applicable	emission	factor	and	volume.

Pg.	16 Even	 the	 EPA's	 GHG	 Inventory	 Report	 recognizes	 that	 the	 emission	 factors	

from	the	GRI/EPA	1996	Study	would	lead	to	overestimating	actual	emissions,	

but	they	also	claim	that	they	have	no	better	data	to	use.

Pg.	8 To	 determine	 the	 amount	 of	methane	 that	is	 supposedly	 being	 emitted,	 EPA	

relied	 on	 these	 erroneous	 emission	 factors	 along	 with	 "literature	 data	 for	

methane	composition".	 This	demonstrates	a	lack	of	understanding	by	the	EPA	

as	each	gas	stream	is	unique	in	its	composition	thus	a	one-size	fits	all	methane	

composition	 number is	 impossible.	 	 Only direct,	 specific	 analysis	 can	

determine	methane	composition.

Pg.	20 Table	 2-7	 references	 a	 "global	 warming	 potential	 (GWP)	 of	 methane".	 It	

quantifies	 this	 as	 "21".	 However,	 there	 is	 no	 discussion	 as	 to	 where	 this	

number	comes	from,	how	it	is	derived,	calculated,	etc.	 Recent	MIT	researchers	

have	stated	 that	even	using	a	 factor	of	30	 to	compare	impacts	of	methane	 to	

carbon	dioxide	is	‘simplistic’.	(See	Fn.	1	– 3,	24 referencing	a	2014	MIT	study	

on	static	versus	dynamic	modeling	to	determine	impact	of	methane	emissions	

from	energy	technologies).

Pg.	20 The	Allen	2013	study	actually	conducted	regional	measurements	of	pneumatic	

devices,	 however,	 this	 study only	 measured	 sources	 from	 shale	 plays,	 not	

traditional	 non-shale	 plays	 like	 the	 Permian	 or	 the	 San	 Juan	 basin	 with	

shallower	wells	and	coal-bed	methane	wells.

Pg.	 21	 &	

15

The	 numbers	 of	 controllers	 measured	 (305)	 were	 very	 limited	 compared	 to	

the	supposed	population	of	controllers	nation-wide	(892,403)	- sample	size	of	

about	 3/1000	 of	 1%	 - statistically	 insignificant	 PARTICULARLY	 considering	

the	margin	of	error	reported	in	the	results	(see	next	remark)
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Pg. 21 Results	show	significant	margin	of	error,	e.g.,	Rocky	Mountain	Region	results	

reports	a	margin	of	error	of	+/- over	100%!

Pg.	 21&	

22

Results	also	indicate	significant	differences	between	regions	- up	to	a	factor	of	

10.	 The	 study	 attempts	 to	 address	 this	 very	 obvious	 difference	 between	

regions	by	stating,	in	essence,	they	have	no	explanation.

Pg.	22 Even	with	all	the	obvious	problems	with	the	data	and	results	of	this	Allen	2013	

study,	EPA	still	attempts	to	extrapolate	the	meaningless	data	to	national	levels.

Pg.	 23	 &	

24

The	 Prasino	 2013	 Study	 looked	 at	 devices	 in	 British	 Columbia	 (doesn't	 say	

how	many)	and	attempted	 to	 develop	a	 relationship	 between	 bleed	 rate	and	

the	pressure	of	the	supply	gas.

Pg.	24 They	 used	 improper	 regression	 analysis	 to	 try	 to	 determine	 a	 relationship	

between	 these	 factors	 and	 found	 what	 they	 called	 a	 "positive	 correlation"	

strong	enough	to	be	able	to	use	for	estimating	emission	factors	for	pneumatic	

controllers.

Pg.	24 However,	 the	reported	R2	value	 for	 their	regression	analysis	was	only	0.41	-

0.35.	 Stated	 another	 way,	 this	 means	 that	 their	 regression	 analysis	 failed	 to	

explain	 60-65%	 of	 the	 data	 - hardly	 what	 one	 could	 call	 a	 strong	 positive	

correlation!

Pg.	26 The	 ICF	 International	 2014	 study	 was	 commissioned	 by	 the	 Environmental	

Defense	 Fund which	 is	 very	 concerning	 – especially	 given	 their	 completely	

incorrect	base	assumptions.		They	only	studies	22	locations	but	then	use	EPA	

numbers	 from	 the	 Bakken,	 Eagleford	 and	 Wattenberg	 – not	 New	 Mexico	

basins,	 and	 extrapolate	 to	 estimate	 nationwide	 savings.	 	 	 $3500	 as	 the	

estimated	cost	of	doing	a	flare	is	extremely	low,	it	is	well	over	$10,000.	

Pgs.	 36-

55

Discussion	of	Alternative	Mitigation	Techniques

1. Install	Zero	Bleed	Pneumatic	Controllers	- Not	realistic	for	most	situations	due	to	an	

inability	of	these	devices	to	handle	anything	except very	low	volume/	low	pressure	

situations.		Forcing	installation	of	zero	bleeds	will	result	in	safety	issues.	
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2. Install	Low	Bleed	Pneumatic	Controllers

• Could	replace	High	Bleed	devices	in	a	limited	number	of	situations

• Safety	issue	considerations	due	to	the	low	bleed	device	being	slower	and	less	

precise	than	higher	bleed	devices.

• Not	 safe	 to	 use	 in	 situations	 where	 gas	 flow	 rates	 fluctuate	- can't	 handle	

rapid	changes

3. Convert	to	Instrument	Air	Systems

• These	alternatives	can't	be	considered	in	a	vacuum	- it	also	needs	to	be	considered	

in	 context	 of	 other	 regulatory	 restrictions	 regarding	 power	 availability,	 electrical	

construction	 restrictions,	 noise	 abatement	 regulations	 due	 to	 the	 Endangered	

Species	Act25 et	al.

• More	complicated	systems	mean	a	substantially	greater	possibility	for	failure	in	the	

operation,	 which	 can	 lead	 to	 safety	 hazards	 due	 to	 controllers	 failing	 to	 operate.	

Limiting	the	possibilities	for	failures	leading	to	hazards	affecting health,	safety,	and	

the	 environment	 should	 be	 a	 consideration.	 	 Small	 producer	 ability	 to	 maintain	

more	complex	systems	is	also	a	concern.	

• The	cost	 for	this	alternative	would	be	prohibitive	 for	smaller	operators	with	a	 few	

wells	or	even	with	a	larger	number	of	marginal	wells.	This	significant	incremental	

cost	 increase	 for	 operations	 would	 lead	 to	 premature	 abandonment	 in	 many	

situations.

• Requires	 a	 larger,	 more	 intrusive,	 footprint	 for	 operations.	 Again,	 this	 could	

contradict	a	 number	 of	 other	 regulations	and	 considerations particularly	with	 the	

BLM	as	well	as	Candidate	Conservation	Agreement	conditions	agreed	upon	between	

companies	and	the	USFWS	to protect	endangered	species.	

4. Replace	Pneumatic	Controllers	with	Mechanical	and	Solar	Powered	Systems

• Would	require	electrical	service	to	have	safe	reliable	operation	- solar	power	is	not	

																																																							 25 In the Permian there has been ongoing discussion and multiple Conservation Agreements signed by companies 

seeking to work with the USFWS to avoid listing the Sand Dune Lizard or the Lesser Prairie Chicken as 

endangered. Noise abatement is one of the conditions often required by the Service which would be 

significantly impacted should the EPA require different pneumatic devices on location. 
IPANM	Comments:	Pneumatic	Devices	Whitepaper

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dependable	 and	 could	 create	 a	 safety	 hazard	 with	 failing	 controllers.	 Electrical	

service	 is	 not	 always	 available	 in	 remote	 operating	 areas	 and	 other	 regulatory	

restrictions	may	not	allow	for	bringing	in	electrical	service.

• Solar	 powered	 systems	 would	 still	 require	 a	 pneumatic	 system	 backup	 for	 safety	

purposes,	making	this	alternative	duplicative.	

• The	cost	 for	this	alternative	would	be	prohibitive	 for	smaller	operators	with	a	 few	

wells	or	even	with	a	larger	number	of	marginal	wells.	This	significant	incremental	

cost	 increase	 for	 operations	 would	 lead	 to	 premature	 abandonment	 in	 many	

situations.

Response	to	Charge	Questions

1. Did	the	paper	appropriately	characterize	the	different	studies	and	data	sources	that	

quantify	emissions	from	pneumatic	controllers	and	pneumatic	pumps	in	the	oil	and	gas	

sector?	

No.	 The	 Studies	 are	 characterized	 as	 authoritative	 and	 nationally	 representative,	

when	in	reality	they	are	predominantly	small,	localized	studies	that	are	statistically	

weak	at	best.

2. Please	discuss	explanations	for	wide	range	of	emission	rates	that	have	been	observed	in	

direct	measurement	studies	of	pneumatic	controller	emissions	(eg.	Allen	et	al,	2013	and	

Prasino	 2013).	 	 Are	 these	 differences	 driven	 purely	 by	 the	 design	 of	 the	 monitored	

controllers	or	are	there	operational	characteristics,	such	as supply	pressure,	that	play	a	

role	in	determining	emissions?	

Possible	 factors	 in	 addition	 to	 controller	 design	 would	 include	 (i)	 the	 operating	

volume	 and	 supply	 pressure	 characteristics,	 (ii)	 the	 age	 and	 condition	 of	 the	

controller,	 (iii)	 ambient	 operating	 conditions,	 (iv)	 operational	 needs,	 e.g.,	

requirement	for	quick,	precise	actuation,	(v)	sample	times	and	methods.

3. Did	this	paper	capture	the	full	range	of	technologies	available	to	reduce	emissions	from	

pneumatic	controllers	and	pneumatic	pumps	oil and	gas	facilities?	

Unknown

4.	 Comments	on	the	pros	and	cons	of	different	emission	reduction	technologies.	

See	above	comments	on	Alternative	Mitigation	Techniques
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5. Comment	on	prevalence	of	 the	different	emission	control	 technologies	and	 the	different	

types	of	pneumatics	in	the	field.		What	activities	require	high	bleed	pneumatic	controllers	

and	how	prevalent	are	they	in	the	field?	

High	bleed	rate	controllers	may	be	necessary	when	dealing	with	high	volume/high	

pressure	 situations	 and	 when	 rapid,	 precise	 actuation	 is	 required	 for	 safety	 and	

operation	reasons

6. What	 are	 the	 barriers	 to	installing	instrument	 air	 systems	for	 converting	 natural	 gasdriven	pneumatic	pumps	and	controllers	to	air-driven	pumps	and	controllers?	

Considerations:	 power supply	availability	and/or	 restrictions,	 contradicts	 possible	

noise	abatement	restrictions,	increased	operational	 footprint,	marginal	cost	would	

have	 a	 disproportionate	 negative	 impact	 on	 smaller	 operators,	 complexity	 of	

systems	introduces	additional	 opportunities	 for	 failure	 that	could	lead	 to	negative	

impacts	upon	health,	safety	and	the	environment.

7. Are	there	situations	where	it	may	be	infeasible	to	use	air	driven	pumps	and	controllers	in	

place	of	natural	gas-driven	pumps	and	controllers	even	where	it	is	feasible	to	install	an	

instrument	air	system?

See	#6	above

8.	 Did	 this	paper	characterize	 the	limitations	of	electric	driven	pneumatic	controllers	and	

pumps?		Are	these	electric	devices	applicable	to	a	broader	range	of	the	oil	and	gas	sector	

than	this	paper	suggests?	

Unknown

9. Are	 there	 ongoing	 or	 planned	 studies	 that	 will	 substantially	 improve	 the	 current	

understanding	 of	 VOC	 and	 methane	 emissions	 from	 pneumatic	 controllers	 and	

pneumatic	 pumps	 and	 available	 technologies	 for	 increased	 product	 recovery	 and	

emissions	reductions?	

Unknown.	 However,	 the	 full	 impacts	 of	 the	 implementation	 of	NSPS	 Subpart	 OOOO	

should	 be	 known	 and	 better	 quantified	 prior	 to	 discussing	 implementation	 of	

additional	 regulations.	 Discussions	 with	 the	 New	 Mexico Petroleum	 Research	

Recovery	Center	or	 the	Research	Partnership	 to	Secure	Energy	 for	America	(RPSEA),	

Small	Producer	Program would	assist	this	agency	to	better	understand	not	only	the	oil	

and	gas	industry	in	New	Mexico	but	also	 the	limitations	and	cost	pressures	on	small	

operators.		Without	 this	information,	how	can	one	pretend	 to	quantify	 the	degree	or	
IPANM	Comments:	Pneumatic	Devices	Whitepaper

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existence	of	any	potential	current	need	for	additional	regulations?

SUMMARY	COMMENTS

The	 studies	 the	 EPA	 has	 relied	 upon	 to	 develop	 "the	 Agency's	 understanding"	

relative	 to	 emissions	 from	 pneumatic	 controllers	 and	 pumps	 are	 extremely	 flawed.	 The	

majority	of	the	studies	rely	on	outdated	data	(20+	years	old)	and	give	no	consideration	to	

recent	emission	reductions	due	to	the	implementation	of	NSPS	subpart	OOOO.	The	studies	

attempt	to	make	national	extrapolations	 from	localized	and	statistically	meaningless	data.	

The	studies	apparently	ignore	differences	in	pneumatic	controllers	relative	to	age,	design,	

size,	 ambient	 conditions,	 operating	 conditions,	 maintenance,	 and	 sampling	 methods	 and	

times.	None	of	the	studies	have	apparently	been	peer	reviewed.	

Mitigation	alternatives	can	not be	considered	in	a	vacuum,	they	must	be	considered	

in	context	with	other	regulatory	restrictions,	electrical	restrictions	and	power	availability,	

noise	 abatement	 regulations,	 limitations	 on	 operational	 footprint,	 operational	 necessity,	

limiting	 failure	 possibilities,	 and	 safety	 and environmental	 considerations.	 Further,	 the	

incremental	 cost	 associated	 with	 incorporating	 complex	 systems	 (e.g.,	 compressed	 air	

systems,	electronically	actuated	manual	controllers,	etc.)	will	be	substantial	in	many	cases	

as	 well	 as	 being	 disproportionately	 higher	 on	 smaller	 operators compared	 to	 larger	

operators.	 These	 more	 complex	 systems	 will	 also	 require	 duplicative	 gas	 powered	

pneumatic	devices	as	a	backup	for	safety	considerations.	Additional	regulations	to	address	

maintenance	 are	 unnecessary	 as	 a	 prudent	 operator	 is	 already	 making	 the	 economic	

decision	to	maintain	and	repair	equipment	in	order	to	limit	lost	gas	and	revenue.
IPANM	Comments:	Pneumatic	Devices	Whitepaper

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IPANM	 thanks	 the	 EPA	 for	 the	 opportunity	 to	 comment	 on	 the	Oil	 and	 gas	 Sector	

Pneumatic	 devices	 whitepaper.	 We	 would	 also	 be	 interested	 in	 participating	 in	 any	

stakeholder/taskforce/peer	 review	groups	 convened	 for	 the	 purpose	 of	addressing	 these	

policy	proposals.		We	look	forward	to	providing	additional	comments	as	the	agency	drafts	

of	 these	 proposed	 regulations	 materialize.	 	 Please	 feel	 free	 to	 contact	 me	 at	

Karin@ipanm.org or	 at	 (505)	 238-8385	 if	 you	 have	 any	 questions	 regarding	 the	 issues	

discussed	herein.		

Respectfully	submitted,

INDEPENDENT	PETROLEUM	ASSOCITION	OF	NEW	MEXICO

______________________________________________

By:	Karin	V.	Foster,	esq.	

Executive	Director