I would think that this BS just got dealt a very serious blow. But what do I know?
They could still pull this off, if by some strange slight of hand were able to specificically legislate some form of "one off" directive to make the west Texas area, and I guess specifically Midland-Odessa metro air quality standard "non-attainment" area.
In the past, the EPA through their Adminstrator has deemed what areas in the U.S. didn't meet these standards. And when administered correctly, they are based on ambient air quality sampling station, properly located to montior said air quality.
When an area is deemed a "non-attainment" area, it then triggers addtional tough permitting and abatement controls of new, and often existing emission points like flares, vents, tanks, fugitives (flanges, valves, pumps, etc.). What is the rub, is that Oil companies have to evaluate the addtional capital outlays needed to see if that addtional cost makes that site (new or existing) profitable.
What makes this so head scratching, is as far as I know, that area has never had an air quality standard issues that might trigger non-attainment. But in a Biden era EPA, I can see that air stations might be constructed and contaminated to skew the data. I wouldn't put it past these criminals.