The Environmental Protection Agency (EPA) issued two notices of data availability (NODAs) in support of its proposed stays of various portions of the 2016 New Source Performance Standards (NSPS) for the oil and gas industry (known as the 'Quad Oa' rule). On June 16 2017 the EPA issued both:

  • a proposed two-year stay of the Quad Oa requirements governing fugitive emissions, well site pneumatic pumps and professional engineer certification of closed vent systems; and
  • a proposed three-month stay to run during the gap between the publication and effective dates of the two-year stay.

The NODA on the two-year stay solicits comments on:

  • the EPA's legal authority to stay the deadline by extending the phase-in of the compliance schedule for Quad Oa;
  • the technological, resource and economic challenges associated with implementing the areas highlighted in the June proposal; and
  • additional issues noted in the NODA.

The NODA also provides an updated cost-benefit analysis for the two-year stay. The NODA for the three-month stay largely tracks the contents of the two-year stay NODA. The comment periods for both NODAs end on December 8 2017.

For further information on this topic please contact David F Asmus at Sidley Austin LLP's Houston Office by telephone (+1 713 495 4500) or email ( Alternatively, contact Samuel B Boxerman, Terence T Healey or Kenneth W Irvin at Sidley Austin LLP's Washington DC office by telephone (+1 202 736 8000) or email (, or The Sidley Austin LLP website can be accessed at

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