{"id":6617,"date":"2019-12-02T08:41:53","date_gmt":"2019-12-02T13:41:53","guid":{"rendered":"http:\/\/blogs.law.columbia.edu\/climatechange\/?p=6617"},"modified":"2019-12-02T10:25:25","modified_gmt":"2019-12-02T15:25:25","slug":"epa-proposal-to-rescind-oil-and-gas-methane-regulations-has-not-been-adequately-justified-and-disregards-negative-climate-impacts","status":"publish","type":"post","link":"https:\/\/blogs.law.columbia.edu\/climatechange\/2019\/12\/02\/epa-proposal-to-rescind-oil-and-gas-methane-regulations-has-not-been-adequately-justified-and-disregards-negative-climate-impacts\/","title":{"rendered":"EPA Proposal to Rescind Oil and Gas Methane Regulations Has Not Been Adequately Justified and Disregards Negative Climate Impacts"},"content":{"rendered":"
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By Romany Webb<\/em><\/p>\n

\"\"<\/a>On Friday, November 22, the Sabin Center submitted comments<\/a> opposing an Environmental Protection Agency (\u201cEPA\u201d) proposal<\/a> to rescind regulations<\/a> limiting methane emissions from new oil and natural gas facilities (the \u201cMethane New Source Performance Standards\u201d or \u201cMethane NSPS\u201d). The primary component of natural gas, methane is emitted throughout the oil and gas production process, primarily through accidental leaks and intentional venting. The emissions make a significant contribution to climate change because methane is a highly potent greenhouse gas which, in the first 20 years after it is released, traps approximately 84 times more heat in the earth\u2019s atmosphere than carbon dioxide (on a per ton basis). Methane also contributes to the formation of ground-level ozone which is itself a heat-trapping greenhouse gas and, when inhaled by humans, can trigger a variety of health problems from throat irritation and coughing to bronchitis, asthma, and reduced lung function.<\/p>\n

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Recognizing the environmental and public health risks posed by methane, in January 2015, the Obama administration set a goal<\/a> of reducing emissions from the oil and gas industry by 40 to 45 percent below 2012 levels by 2025. That goal was to be achieved, in part, through stricter regulation of methane emissions under section 111 of the Clean Air Act (\u201cCAA\u201d) (42 U.S.C. \u00a7 7411<\/a>). Briefly, section 111 of the CAA requires EPA to regulate stationary sources that \u201ccause[], or contribute[] significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare\u201d (\u201cdangerous air pollution\u201d). Section 111(b) provides for the adoption, by EPA, of NSPS for new and modified stationary sources of dangerous air pollution. Once NSPS are adopted with respect to a particular type of stationary source, EPA is required, under section 111(d), to issue regulations controlling emissions from existing sources of the same type (subject to limited exceptions).<\/p>\n

Acting pursuant to section 111(b) of the CAA, EPA finalized the methane NSPS in June 2016. At the same time, EPA also issued an information request<\/a> to oil and gas companies, seeking data needed to develop regulations for existing facilities under section 111(d). That request was withdrawn<\/a> by the Trump administration in March 2017. The following month, at President Trump\u2019s direction<\/a>, EPA commenced a review of the methane NSPS. As previously reported<\/a> on this blog, EPA initially proposed revising the methane NSPS to, among other things, weaken the leak detection and reporting requirements therein. Now, EPA is proposing to go even further, and entirely rescind the methane NSPS. That would have far reaching consequences, eliminating the methane controls currently imposed on new and modified facilities, and obviating the need for EPA to adopt new controls for existing facilities. (It should be noted that, while new oil and gas facilities would remain subject to NSPS for volatile organic compound (\u201cVOC\u201d) emissions, those standards do not trigger regulation of existing sources under section 111(d). That is because section 111(d) only applies to air pollutants for which air quality criteria have not been issued or which are not subject to National Ambient Air Quality Standards (\u201cNAAQS\u201d). Because VOCs are precursors to ozone and particulate matter, for which NAAQS have been established, the adoption of VOC standards does not trigger section 111(d).)<\/p>\n

EPA\u2019s purported justifications for rescinding the methane NSPS do not withstand scrutiny. As explained in our comments:<\/p>\n