EPA's Methane Regulations: Legal Overview (CRS Report for Congress)
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| Release Date |
Revised Jan. 24, 2018 |
| Report Number |
R44615 |
| Report Type |
Report |
| Authors |
Linda Tsang, Legislative Attorney |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
On March 28, 2017, President Trump signed Executive Order 13783, directing federal agencies to
review existing regulations and policies that potentially burden the development or use of
domestically produced energy resources. Acting pursuant to the order, the U.S. Environmental
Protection Agency (EPA) is reviewing and reconsidering several regulations issued during the
Obama Administration that address methane emissions from various industrial sectors. Methane
is a short-lived greenhouse gas (GHG) with a Global Warming Potential of more than 25 times
carbon dioxide that is emitted from various industrial activities.
President Trump’s executive order specifically requires EPA to review the revised emission
standards for new, modified, and reconstructed equipment, processes, and activities of the oil and
natural gas sector issued by the Obama Administration in June 2016. EPA issued these standards
for methane and volatile organic compound (VOC) emissions pursuant to Section 111 of the
Clean Air Act (CAA). Based on its review and in response to several administrative petitions for
reconsideration, EPA is now reconsidering certain emission requirements from the June 2016
rule, which remain in effect unless EPA finalizes a proposed two-year stay of these requirements
or otherwise repeals those requirements.
In addition, EPA is reconsidering the emission standards and guidelines for new and existing
municipal solid waste (MSW) landfills updated by the Obama Administration in August 2016. In
those rules, EPA issued the updated and revised emission standards for MSW landfills built after
2014 to further reduce emissions, including methane emissions. The agency also revised emission
guidelines established in 1996 for existing landfills operating prior to that date. At this time, the
2016 landfill rules are in effect. EPA has not formally proposed any revisions to the 2016 rules or
initiated a public comment period for any issues under reconsideration.
EPA’s review of the oil and natural gas sector and landfill methane rules has influenced the
pending judicial challenges to the various 2016 rules. The U.S. Court of Appeals for the District
of Columbia Circuit granted EPA’s requests to pause the judicial challenges of both rules to allow
EPA to complete its review of them. In addition, stakeholders have successfully challenged in
court EPA’s attempts to stay the various requirements that the agency is currently reconsidering.
Judicial review of EPA’s attempts to stay rules in effect could more broadly impact the Trump
Administration’s efforts to similarly stay other rules that are under reconsideration.
This report examines the statutory authority for issuing the methane regulations, legal challenges
to the standards, and legal issues related to the reconsideration and stay of the regulations.
