Frank J. Macchiarola
Senior Vice President
Policy, Economics & Regulatory Affairs
API
200 Massachusetts, NW
Washington, DC 20001
Telephone
202-682-8167
Fax
202-682-8426
Email
macchiarolaf@api.org
www.api.org

March 23, 2020
The Honorable Andrew Wheeler, Administrator
US Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Dear Administrator Wheeler:
On behalf of the members of the American Petroleum Institute,1 I would like to thank
you for your efforts at the Environmental Protection Agency to assist in our nation’s
response to the global crisis arising from the COVID-19 pandemic. The oil and natural
gas industry, like other critical infrastructure sectors, is working tirelessly to help ensure
there is no interruption in our supply chains as a result of these unprecedented
circumstances. We play a critical role in providing affordable and reliable energy, which
is essential to maintaining our national security and will help drive our economic
recovery. As indicated in a letter dated March 20th from API President and CEO Michael
J. Sommers to President Donald J. Trump (attached), there are two potential
overarching issues that may affect our industry: critical infrastructure designations and
temporary relief through non-essential compliance discretion. The purpose of this letter
is to specifically address the issues within your agency’s purview associated with nonessential compliance discretion.
Non-essential Compliance Discretion
The oil and natural gas industry remains committed to prioritizing safe and reliable
operations, but is taking into consideration that there may be limited personnel capacity
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API represents all segments of America’s oil and natural gas industry. Its more than 600 members produce, process, and
distribute most of the nation’s energy. The industry supports 10.9 million U.S. jobs and is backed by a growing grassroots
movement of millions of Americans. API was formed in 1919 as a standards-setting organization. In its first 100 years, API
has developed more than 700 standards to enhance operational and environmental safety, efficiency and sustainability.

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 to manage the full scope of the current regulatory requirements. As such, we are
requesting assistance from your agency in temporarily waiving non-essential compliance
obligations, and we request coordination with your state agency counterparts as
necessary. As indicated in the letter to President Trump, these issues may include
recordkeeping, training or other non-safety critical requirements.
Industry is seeking temporary relief through enforcement discretion, waivers or revised
compliance timeframes in response to the COVID-19 pandemic. Specifically, industry is
asking Federal and State agencies to publicly provide guidance related to performance
delays tied to challenges with the pandemic associated with:
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Quarantine/treatment due to employee exposure to COVID-19;
Measures taken by the industry to avoid COVID-19 transmission and spread;
Good faith attempts by the industry to comply with national, state or local
edicts related to controlling the virus;
Addressing the risks of continuing to conduct routine agency inspections; and
Contractor availability and supply chain disruptions related to all of the above.

Individual company requests for relief would be burdensome to file and track and a
more holistic approach may be necessary in an unprecedented situation such as the one
we are facing. Nonetheless, industry will make efforts to comply with requirements, but
obviously the situation may limit some activities.
Additionally, many of the nation’s petroleum refineries are parties to one or more state
or federal judicial or administrative consent agreements or decrees with the U.S. EPA
and/or its state counterparts. These agreements generally include force majeure clauses
which require the settling party to notify the government of known or anticipated
compliance delays within tight timeframes. Failure to meet the prescribed notification
timeframe often voids any enforcement protection the settling party might otherwise
have under the agreement. These hurdles become particularly problematic in the
current climate of the COVID-19 disease, where delays in meeting settlement
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 requirements might occur due to workforce impacts or reductions or other disruptions
that are difficult to predict and continue to evolve. They may also be complicated by the
daily pronouncement of protection measures suggested or required by national, state
and local governments. There may be a need for federal and state officials to work with
individual companies as part of their settlement agreements.
Given the considerations associated with the importance of following CDC guidance for
public health, the attached list provides detailed examples of issues for which industry is
seeking temporary relief through enforcement discretion, waivers or revised compliance
timeframes in response to the COVID-19 pandemic.
In closing, the COVID-19 pandemic represents a significant and historic threat to our
nation. We thank the Administration for its continued efforts in combating this threat
and we thank your agency for its efforts key to this undertaking. We look forward to
partnering with you to help ensure that critical fuels are available, so that we as a nation
can continue to respond to this crisis. Thank you for consideration of the requests
outlined in this letter, and please do not hesitate to contact API as we stand ready to
assist in any way possible.
Sincerely,

Frank J. Macchiarola

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 Attachment: API Member Company Priority Issues for COVID-19 Response
Industry is seeking temporary relief through enforcement discretion, waivers or revised
compliance timeframes in response to the COVID-19 pandemic. Specifically, industry is
asking EPA to publicly provide guidance related to performance delays tied to challenges
with the pandemic associated with the identified constraints. Given the uncertainty of
the severity and duration of this pandemic, the following categories of constraints have
been identified:
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Category 1: Administrative constraints while working remotely
Category 2: Physical constraints with on-site testing/monitoring requirements
Category 3: Operability of assets

For certain constraints, we have also identified some specific potential solutions in subbullets.
Category 1: Administrative challenges while working remotely
EPA and State Agency examples include but are not limited to:
• Wet signatures requirements on permit applications and reports, such as Title V
permit applications. Responsible officials may not have ready access to printers or
a DocuSign option. Clarity needed on alternatives.
• Temporary relief for notary witnessing of signatures on permits, etc.
• Potential delay to project permits due to closed state agency offices/canceled
meetings that may reset the public comment period.
• Deferred permit renewal applications for expiring permits to address revised work
schedules/arrangements.
• Potential to miss certifying laboratory equipment unless NIST certified
instruments can be purchased and delivered in time.
• Periodic certification and reporting:
o Deferred filing of periodic reports
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 ▪ Examples include emissions inventory, emissions banking and
trading, TRI reports and rule- or permit-required periodic reports.
o Filing of reports without the normal signatures (where plant manager or
formal designee is unavailable).
Category 2: Physical challenges with on-site testing/monitoring/reporting
requirements
EPA and State Agency examples include but are not limited to:
• Waivers of seasonal fuels requirements
• Fuels reporting and compliance
o Request waivers or enforcement discretion for late reports due to access
and resource limitations for the following types of reports:
▪ Annual gasoline and Renewable Fuel Standard (RFS) reports
▪ EMTS Fuels ABT Credit generation and retirement for compliance
with gasoline programs
▪ EMTS RIN retirements for annual compliance with RFS standards
• Annual gasoline and RFS program attest engagements
• Fugitive Leak Detection and Repair (LDAR)
o Deferred LDAR monitoring
o Late repair times
o Late recheck of LDAR component after monitoring
o Delayed reporting
o Inability to address delay of repair during unit shutdowns due to personnel,
supply or external resource shortages or disruptions
• Delayed GHG reporting
• Benzene Waste Operations (BWON)
o Deferred monitoring
o Late repair times
o Delayed reporting

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o Potential for delayed or missed sampling required for reporting or to
demonstrate exemption from control
NSPS & MACT
o Regulatory noncompliance due to limited onsite personnel or external
resource shortages or disruptions
o Late reports due to limited onsite personnel or external resource shortages
or disruptions
o Subpart XX tank trucks vapor tightness tests may not be available
o Lower shipping levels could prevent enough product available to float an
internal floating roof tank when refilling, resulting in a compliance issue
under GD GACT or NSPS Subpart Kb
CEMS and stack tests
o Delayed stack and RATA testing
o Missed or late CEMS evaluation
o Unable to repair CEMS due to specialized knowledge vested in personnel
o Unable to repair CEMS due to parts unavailability
o Delayed reports from contractors whose employees are quarantined or in
remote work arrangements
o Waive or delay 6-month smoke school recertification due to cancellation of
training/testing sessions to avoid unavailability of emissions observers.
Cooling tower sampling
o Delayed sampling and analysis
o Delayed reports from contractors whose employees are quarantined or in
remote work arrangements
o Lack of lab availability
Fence line monitoring
o Unable to change sample tubes in a timely manner
o Disruptions in lab shipments
o Lab analytical delays

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 o Delayed reports from contractors whose employees are quarantined or in
remote work arrangements
• Different verifiers for Title V obligations may be unavailable to certify compliance
with the requirements
• Extend recurring/refresh deadline for Method 9 (visible emissions) certification.
• Extend deadlines for required visible emission monitoring of permitted facilities.
• Drinking Water Permit testing and reporting requirements
o Provide flexibility on routine monitoring/sampling/analysis required
drinking water permits.
o Expected delays in laboratory analysis and short hold time for coliform
• Effluent inspections, sampling and reporting (NPDES and SWPPP)
o Deferred inspections (monthly, quarterly, etc.).
o Deferred sampling and WET testing.
o Deferred filing of periodic reports.
o Late lab turn-around time on sample results.
o Missed hold-time on samples.
o Delayed reporting.
o Delayed annual training.
o Contractor who typically performs grab samples is temporarily unable to
access site pending medical screening.
o Improper storage temperature.
o Inability to collect discharge samples within specified time period due to
unavailability of personnel.
o Storm water monitoring and compliance samples within required
timeframe (for rain events) may be problematic.
o Hydrotesting – providing for pre-approval of low-risk discharges and/or a
streamlined approval process. This would help prevent holding up
construction and field work to get these permits as the current approval
processes are likely to slow down with agencies working remotely.
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o Lack of lab availability.
NPDES/Discharge Permits (EPA/State)
o Effluent inspections, sampling and reporting.
o Deferred inspections (monthly, quarterly, etc.).
o Deferred sampling and WET testing.
o Deferred filing of periodic reports.
o Late lab turn-around time on sample results.
o Missed hold-time on samples.
o Delayed reporting.
o Contractor who typically performs daily grab samples is temporarily unable
to access site pending medical screening.
o Improper storage temperature.
Storm Water Permit Compliance (SWPPP/SWP/Discharge Plans) (EPA/State)
o Possible disruption of required inspections.
o Challenges with post storm event inspections due to contractor availability.
o Sample collection and delayed laboratory analyses.
o Possible delay of BMP inspections and non-compliance repairs to BMPs due
to limited contractor availability.
o Delayed monitoring/annual reporting requirements
Soil and/or groundwater remediation
o Delayed sampling and reporting requirements.
o Delayed project implementation.
o Lack of lab availability.
Tanks
o Potential for late repairs on failed tank inspections
o Tank inspections (deadlines and logistical issues)
o Delayed above or underground tank inspections
Hazardous waste management
o Ensure that waste and hazardous waste fall under the definition of
essential travel/trade.

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 o Deferral of movements past time limits, including 3-day satellite
accumulation time limit and 90-day accumulation time limit.
o Impacts on speculative accumulation requirements.
o Delayed analytics and delayed waste characterization.
o Delayed reporting of specific RCRA permit or remediation program.
o Manifest management disruptions.
o TSD permit noncompliance due to personnel, supply or external resource
shortages or disruptions.
o Deferral of weekly inspections.
o Delay of annual training.
o Potential for missed weekly RCRA inspections due to personnel shortage.
o Temporary EPA ID number request processing.
o Renewal of Hazardous Material Transporter ID numbers (annual; via DOT).
o Delayed/limited analytical laboratory support for profiling.
• SPCC
o SPCC applicability determinations.
o Generation of site security diagrams.
o Secondary containment repairs.
o Deferral of daily and monthly inspections.
o Deferral of annual training and drills.
o API Standard 653 integrity inspections.
• Underground Injection Control (UIC)
o Overall UIC compliance obligations.
o Deferred Mechanical Integrity Testing (MITs).
o Deferred monthly/annual monitoring requirements.
o Surface Injection Pressure monitoring.
o Injection fluid sampling & laboratory analyses.
o Monthly disposal volume reporting.
• Self-audits/disclosures (where applicable)
o Late notices.
o Late Disclosures of Violation and other submittals on pending audits.
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o Late implementation of corrective actions.
Emergency response drills and mandatory equipment deployment to
demonstrate emergency readiness.
Past-due regulatory training that can only be done in a face-to-face environment,
e.g. Method 9 opacity certification.
Fees for TSCA risk evaluation
o Manufacturers of 20 high priority chemicals required to conduct risk
evaluation by May 27, 2020. Delays needed to gather information from
many sources in short timeframe.
Chemical testing requirements
o Laboratory capacity may be affected – could impact TSCA testing
requests/requirements.
Chemical Data Reporting (CDR)
o EPA extending CDR reporting 2 months; EPA should consider additional
extensions from potential delays due to needed EPA training, electronic
reporting system functioning, etc.

Category 3: Operability of Assets
The industry is already prioritizing their resources for the continued maintenance of its
facilities, which is a business-critical activity. This is necessary to not only provide for the
safety of its constrained employee and contractor workforce, but also to continue to
produce the fuels that the nation depends upon daily. Operators are continuing to
obtain permits for activities that are deemed essential to the safe operation of their
facilities.
Temporary relief from the agency requirements outlined in Categories 1 and 2 are not
expected to result in a significant impact to human health or the environment. By
providing temporary relief from those requirements, operators and suppliers will be
able to prioritize their resources on those critical activities to enable the continued
production of fuels and products.
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