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CRS INSIGHT
EPA's and BLM's Methane Rules
February 3, 2017 (IN10645)
Related Author
Richar K Latt nzi
Richard K. Lattanzio, Specialist in Environmental Policy (ratanzioa), 7-1754)
In 2016, the U.S. Environmental Protection Agency (EPA) and the Bureau of Land Management (BLM) promulgated
separate regulations intended to control methane emissions at crude oil and natural gas production facilities. &
stakholders have argmed that the EPA and BLM rules are duplicative and outside of the agencies' statutory authorities.
On January 30, 2017, a joint resolution of disapproval under the Congressional Rexiew Act was introduced to overturn
the BLM rule. H JRes 36 would vacate the rule and preempt the agency from promulgating similar proposals in the
future. The measure passed the House by a 221 to 191 vote and now moves to the Senate.
Below is a brief discussion of the two rules, their similarities, and their differences.
EPA's Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources, Final
Rule (81 Federal Register 35824 June 3 2016) was promulgated under the authority of the Clean Air Act, as
amended (CAA; 42 U.S.C §7401 et sea). CAA Section 111 requires EPA to establish a list of source categories
to be regulated and emission standards for those source categories. Specifically, CAA Section 11 l(b)(1)(A)
requires that a source category be included on the list if, in [the EPA Administrator's] judgment it causes, or
contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or
welfare. Once a source category is listed, CAA Section 11 l(b)(1)(B) requires that the EPA propose and then
promulgate standards of performance for new sources in the source category. CAA Section 11 (a)(1) defines a
standard of performance as a standard for emissions of air pollutants which reflects the degree of emission
limitation achievable through the application of the best system of emission reduction which (taking into account
the cost of achieving such reduction and any non-air quality health and environmental impact and energy
requirement) the Administrator determines has been adequately demonstrated.
BLM's Waste Prevention, Production Subject to Royalties, and Resource Conservation, Final Rule (81 Federal
Register 83008, Novmber 18- 2016) was promulgated under the authority of the Mineral Leasing Act of 1920, as
amended (MLA; 30 U. S.C. 181 et sea). Section 225 of the MLA requires BLM to ensure that lessees use all
reasonable precautions to prevent waste of oil or gas developed in the land, and, under Section 187, that leases
include a provision that such rules ... for the prevention of undue waste as may be prescribed by [the] Secretary
shall be observed.
Since natural gas that is vented, flared, or leaked from crude oil and natural gas production, processing, and
transmission activities can be defined as both air pollution which may reasonably be anticipated to endanger public](ViewImageLocal?handle=hein.crs/crsmthmargv0001&div=1&collection=&method=preview&ext=.png&size=3)