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The terms "located at a well pad" and "associated with a well pad"
or "associated with wells" used in the definition of an "onshore
petroleum and natural gas production facility" and in other places
in the regulation are not clearly defined in either 40 CFR Part 98
Subpart W or in ARB's MRR rule.  A question seeking clarification
of these terms from EPA resulted in the following response:

"EPA has reviewed your question and is unable to respond at this
time.  Your question relates to an issue or issues currently the
subject of ongoing litigation.   Please monitor the website for any
additional guidance that may be available in the future."

As a result, operators of onshore oil and gas production facilities
are each making their own interpretations of how to define their
facilities to report 2011 emissions.  There will likely be
different interpretations by different operators, resulting in
inconsistencies.  If this new reporting requirement brings new
facilities into the cap-and-trade universe or significantly
increases reported emissions from facilities already in the
universe, how will that affect the initial allocation process and
those facilities' ability to comply with the requirements of the
cap-and-trade rule?