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![handle is hein.crs/goveebc0001 and id is 1 raw text is: Congressional ______
*Research Service
Looking Ahead: Regulating Methane from the
Oil and Natural Gas Sector
July 14, 2021
Congress and the Biden Administration are considering their next steps after enacting a joint resolution
disapproving the 2020 regulation-known as the 2020 Policy Rule-that removed some methane
emission standards for oil and natural gas production activities. Congress passed the joint resolution under
the Congressional Review Act (CRA), a law that allows Congress to overturn certain agency actions in
the form of a joint resolution of disapproval. President Biden signed the resolution into law (Pub. L. No.
117-23) on June 30, 2021, effectively restoring the U.S. Environmental Protection Agency's (EPA's) 2016
methane requirements.
Although most of EPA's 2016 methane rule is back in force, its fate remains unclear because of pending
legislative, executive, and judicial actions. This Sidebar examines (1) the history of regulating methane
emissions from the oil and gas sector under the Clean Air Act (CAA); (2) the effect of the CRA
disapproval of the 2020 Policy Rule; (3) the status of related litigation; and (4) considerations for
Congress.
History of Regulating Methane from the Oil and Gas Sector under the CAA
The crude oil and natural gas sector is one of the highest-emitting industrial sectors of methane, a
greenhouse gas (GHG), and volatile organic compounds (VOCs) in the United States. EPA has regulated
air pollution from the oil and gas sector, in part, under CAA Section 111. Section 111 requires EPA first to
establish a list of industrial source categories to be regulated. EPA must list a source category 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. EPA commonly refers to this
determination as an endangerment finding. Once EPA lists a source category, EPA establishes
standards of performance for new, modified, and reconstructed sources in that source category (known
as new source performance standards) under CAA Section 111(b).
In 1979, EPA issued an endangerment finding and listed crude oil and natural gas production as a
source category under Section 111 based on its emissions of VOC, nitrogen oxides, particulate matter,
sulfur dioxide, carbon monoxide, lead, fluorides, acid mist, and hydrogen sulfide. In 2012, EPA issued
standards under CAA Section 111(b) limiting VOC emissions from certain new, modified, and
reconstructed sources in the oil and gas sector (2012 Rule).
Congressional Research Service
https://crsreports.congress.gov
LSB10622
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/goveebc0001&div=1&collection=&method=preview&ext=.png&size=3)