EPA Supplements its 2021 Proposal for Methane Emissions Controls

On December 6, 2022, the EPA released a supplemental notice of proposed rulemaking that updates, strengthens, and expands the methane emissions rulemaking that EPA proposed in 2021. On November 15, 2021, the EPA published a proposed rule to limit methane emissions from U.S. oil and gas infrastructure under the Clean Air Act. The new standards proposed under this rule were intended to significantly reduce emissions of greenhouse gases (GHGs) and other harmful air pollutants from the Crude Oil and Natural Gas source category. 

The EPA has now issued a supplemental notice of proposed rulemaking reflecting comments on the November 2021 proposal. This supplemental rulemaking expands on or modifies the November 2021 proposal in four ways. First, the new proposal includes standards for certain sources that were not addressed in the November 2021 proposal. Second, the new proposal strengthen standards for sources of leaks, provide greater flexibility to use innovative advanced detection methods, and establish a super emitter response program. Third, the new proposal modifies some of the initially proposed standards in response to information submitted in public comments on the November 2021 proposal. Finally, the EPA proposes details of the timelines and other implementation requirements that apply to states to limit methane pollution from existing designated facilities in the source category under the Clean Air Act.

The EPA is accepting comments on this proposed rule until February 13, 2023. As part of the notice and comment process, the EPA will hold virtual public hearings on January 10, 2023, and January 11, 2023.