EPA to regulate methane leaks from oil and gas industry

Yesterday at COP27 in Sharm el Sheikh, Egypt, the U.S. Environmental Protection Agency (EPA) announced it is strengthening its proposed standards to cut methane and other harmful air pollution. If finalized, these critical, commonsense standards will protect workers and communities, maintain and create high-quality, union-friendly jobs, and promote U.S. innovation and manufacturing of critical new technologies, all while delivering significant economic benefits through increased recovery of wasted gas.

The updates, which supplement proposed standards EPA released in November 2021, reflect input and feedback from a broad range of stakeholders and nearly half a million public comments. The updates would provide more comprehensive requirements to reduce climate and health-harming air pollution, including from hundreds of thousands of existing oil and gas sources nationwide. It would promote the use of innovative methane detection technologies and other cutting-edge solutions, many of which are being developed and deployed by small businesses providing good-paying jobs across the United States.

The new proposal also includes a ground-breaking “Super-Emitter Response Program” that would require operators to respond to credible third-party reports of high-volume methane leaks. The agency estimates that in 2030, the proposal would reduce methane from covered sources by 87 percent below 2005 levels.

“The United States is once again a global leader in confronting the climate crisis, and we must lead by example when it comes to tackling methane pollution – one of the biggest drivers of climate change. We’re listening to public feedback and strengthening our proposed oil and gas industry standards, which will enable innovative new technology to flourish while protecting people and the planet. Our stronger standards will work hand in hand with the historic level of resources from the Inflation Reduction Act to protect our most vulnerable communities and to put us on a path to achieve President Biden’s ambitious climate goals.”

EPA Administrator Michael S. Regan

Oil and natural gas operations are the nation’s largest industrial source of methane. Methane is a potent greenhouse gas that traps about 80 times as much heat as carbon dioxide, on average, over the first 20 years after it reaches the atmosphere and is responsible for approximately one third of the warming from greenhouse gases occurring today. Sharp cuts in methane emissions are among the most critical actions the U.S. can take in the short term to slow the rate of climate change. Oil and natural gas operations are also significant sources of other health-harming air pollutants, including smog-forming volatile organic compounds (VOCs) and toxic air pollutants such as benzene.

The Clean Air Act standards in the supplemental proposal will complement President Biden’s Inflation Reduction Act, which provides resources for financial and technical assistance and a waste emissions charge for applicable oil and gas facilities that exceed statutorily specified waste emissions thresholds. The Inflation Reduction Act incentivizes early implementation of innovative methane reduction technologies and supports methane mitigation and monitoring activities, allowing the United States to achieve greater methane emissions reductions more quickly.

Taking into account both the supplemental proposal and other measures in the November 2021 proposal, EPA projects that the proposed standards would reduce an estimated 36 million tons of methane emissions from 2023 to 2035, the equivalent of 810 million metric tons of carbon dioxide. That’s nearly the same as all greenhouse gases emitted from coal-fired electricity generation in the U.S. in 2020. EPA’s estimates also show the updated proposal would reduce VOC emissions by 9.7 million tons from 2023 to 2035, and air toxics emissions, including chemicals such as benzene and toluene, by 390,000 tons. These projections reflect new analysis of the costs and benefits of the proposed standards, which incorporates an improved modeling approach as well as updated estimates of the number of facilities covered by the supplemental proposal and the amount of methane and VOCs they emit.

The supplemental proposal reflects public input on the November proposal and new information and analyses, which helped the EPA determine comprehensive and cost-effective approaches to reduce pollution from oil and natural gas facilities. Key features of the supplemental proposal would:

  • Ensure that all well sites are routinely monitored for leaks at less cost, and until they are closed properly;
  • Provide industry flexibility to use innovative and cost-effective methane detection technologies, and a streamlined process for approving new detection methods as they become available;
  • Leverage data from remote sensing technology to quickly identify and fix large methane leaks;
  • Require that flares are properly operated to reduce emissions, and revise requirements for associated gas flaring;
  • Establish emission standards for dry seal compressors, which are currently unregulated;
  • Set a zero-emissions standard for pneumatic controllers and pneumatic pumps at affected facilities in all segments of the industry.
  • Increase recovery of natural gas that otherwise would go to waste – enough gas from 2023 to 2035 to heat an estimated 3.5 million homes for the winter.

Proposal includes super-emitter response program

The supplemental proposal would also establish a super-emitter response program that would leverage data from regulatory agencies or approved third parties with expertise in remote methane detection technology to quickly identify these large-scale emissions for prompt control. Studies show that large leaks from a small number of sources are responsible for as much as half of the methane emissions from the oil and natural gas industry, along with significant amounts of smog-forming VOCs. While many requirements of EPA’s combined proposals would reduce common sources of super emitters, EPA is proposing the response program to address super emitters’ significant pollution and impact on communities where they are located. To ensure that the super-emitter response program operates transparently, notices sent to oil and natural gas owners and operators, along with their response and any corrective actions, would be available on a website for easy access.

In addition to making EPA’s proposal more comprehensive, the supplemental proposal includes requirements for states to develop plans to limit methane emissions from hundreds of thousands of existing sources nationwide. EPA is proposing to require states to submit those plans within 18 months after the final rule is issued, and to establish compliance deadlines for existing sources that are no later than three years after the submission deadline. The supplemental proposal includes requirements for considering the communities most affected by and vulnerable to oil and gas emissions, along with a demonstration of meaningful community engagement as states develop their plans.

EPA estimates that the supplemental proposal will yield total net climate benefits valued at $34 to 36 billion from 2023 to 2035 (the equivalent of about $3.1 to $3.2 billion per year), after taking into account the costs of compliance and savings from recovered natural gas. The climate benefits are estimated using the social cost of greenhouse gases, a metric that represents the monetary value of avoided climate damages associated with a decrease in emissions of a greenhouse gas. While EPA’s estimates are based on the interim social cost of greenhouse gases recommended by an interagency working group in February 2021, EPA also is including a separate analysis that is based on updated social cost of greenhouse gases estimates that address recommendations of the National Academies of Science, Engineering, and Medicine. The additional analysis and accompanying EPA draft technical report will be available in the rulemaking docket for public comment. EPA is also seeking peer review of the report.

EPA will take comment on the supplemental proposal until February 13, 2023. The agency will host virtual trainings to provide communities, Tribes and small businesses information about the supplemental proposal and about participating in the public comment process. Those trainings will be November 17 and 30, 2022 and registration information is available on EPA’s website. EPA will hold a virtual public hearing January 10 and 11, 2023. Registration for the public hearing will open after the supplemental proposal is published in the Federal Register. EPA intends to issue a final rule in 2023.

See more information on the proposed rule.

Biden pushes to require big federal contractors to cut climate pollution

Read the full story in the Washington Post.

The Biden administration on Thursday will propose requiring all major federal contractors to set targets for reducing their emissions in line with the 2015 Paris climate accord, a significant step toward greening the government’s sprawling operations and onethat could ripple across the U.S. supply chain.

Analysis: Global CO2 emissions from fossil fuels hits record high in 2022

Read the full story from the World Economic Forum.

Global carbon dioxide emissions from fossil fuels and cement have increased by 1.0% in 2022, new estimates suggest, hitting a new record high of 36.6bn tonnes of CO2 (GtCO2).

The estimates come from the 2022 Global Carbon Budget report by the Global Carbon Project. It finds that the increase in fossil emissions in 2022 has been primarily driven by a strong increase in oil emissions as global travel continues to recover from the Covid-19 pandemic. Coal and gas emissions grew more slowly, though both had record emissions in 2022.

California AG announces lawsuit against ‘forever chemical’ manufacturers

Read the full story at The Hill.

California on Thursday announced a lawsuit against manufacturers of so-called forever chemicals, accusing the companies of deceiving the public and endangering public health.

In a press conference Thursday, Attorney General Rob Bonta (D) announced the lawsuit, which names 3M and DuPont as defendants. Bonta alleges the two companies concealed health hazards associated with per- and polyfluoroalkyl substances (PFAS) from the public and continued producing them for public use. PFAS are detectable within the bloodstream of 98 percent of Californians, according to data collected by California officials.

Although PFAS is a blanket term for thousands of compounds, the lawsuit specifically applies to seven detected in high levels in California waters: perfluorooctanoic acid, perfluorooctanesulfonic acid (PFOS), perfluorobutanesulfonic acid, perfluorohexanesulfonic acid, perfluorohexanoic acid, perfluoroheptanoic acid and perfluorononanoic acid. 

3M will treat or monitor water supplies for thousands in Illinois, Iowa under EPA order

Read the full story from WNIJ.

3M has agreed to widespread water testing and treatment for people living near its Cordova, Ill., factory after the U.S. Environmental Protection Agency found that contamination from PFAS has created “an imminent and substantial endangerment” of drinking water supplies.

The requirement, part of an EPA administrative order, comes as the agency is accelerating its response to these substances, collectively known as PFAS. This move towards regulation and a bevy of lawsuits based on the health effects of these chemicals present a mounting cost for Minnesota-based 3M, which developed the compounds and uses them in products like the water and stain protector Scotchgard.

Gripped by drought, drenched by rain, Mississippi River basin sees climate extremes

Read the full story at Wisconsin Watch.

States across the Mississippi River basin are experiencing drought more commonly found in the arid Southwest, federal data shows. As of Oct. 20, nearly two-thirds of Wisconsin’s land was experiencing at least “abnormally dry” conditions, while swaths of western and northern Wisconsin saw moderate to severe drought, according to the U.S. Drought Monitor.

The dryness has disrupted agriculture, beached barges and upset ecosystems across large swaths of the Midwest, Great Plains and beyond, in epic proportions.

Mayors call for federal assistance as Mississippi River reaches record lows

Read the full story at WWNO.

Mayors along the Mississippi River are asking for more federal help as the drought that has plagued the nation’s water superhighway in recent weeks drags on.

City leaders shared wide-ranging impacts of dry conditions at a Tuesday press conference hosted by the Mississippi River Cities and Towns Initiative, from barge slowdowns to water main breaks caused by shifting dry ground.

US EPA proposed Clean Air Act endangerment finding targets aviation fuel

Read the full story at the National Law Review.

On October 17, 2022, the United States Environmental Protection Agency issued a proposed finding that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of Section 231(a) of the Clean Air Act, 42 U.S.C. § 7571, and further that engine emissions of lead from aircraft contribute to such pollution. This is a two-pronged “endangerment” and “cause or contribution” finding which addresses both elements provided under Section 231 which provides that EPA shall “issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare.” An endangerment and contribution finding is therefore the first step in the process of regulating lead emissions from aviation fuels. EPA often, but not always, combines these endangerment findings with the substantive regulations and emissions limitations but has not done so here.    

A big federal grant aims to make Baltimore a laboratory for climate change adaptation and resilience

Read the full story at Inside Climate News.

A multidisciplinary team of scientists will work with city officials and community groups to protect vulnerable residents and communities from extreme weather, flooding, urban heat islands and fossil fuel pollution.

State of Climate Action 2022

The World Resources Institute’s State of Climate Action 2022 provides a comprehensive assessment of the global gap in climate action across the world’s highest-emitting systems, highlighting where recent progress made in reducing GHG emissions, scaling up carbon removal, and increasing climate finance must accelerate over the next decade to keep the Paris Agreement’s goal to limit warming to 1.5°C within reach.