Compliance & Policy

EPA signals rescission of Biden-era methane leak rule, Sun Herald reports

EPA has signaled it will "soon" move to rescind the Biden-era methane leak rule for oil and gas operations, per Biloxi Sun Herald. No Federal Register filing or comment window yet.

Waypoints

  1. EPA told the Biloxi Sun Herald it will "soon" act to rescind the Biden methane rule; no Federal Register filing has appeared.

  2. The Biden methane rule was finalized in December 2023 under Clean Air Act Section 111, covering wells, compressor stations, pipelines and processing plants.

  3. Industry groups including API and state attorneys general had challenged the rule in the D.C. Circuit.

  4. Rescission requires a Federal Register proposal, public comment and a final rule with a supporting administrative record.

  5. Methane has a global warming potential EPA previously calculated at roughly 28 times CO2 over 100 years.

The U.S. Environmental Protection Agency has told the Biloxi Sun Herald it will "soon" move to rescind the Biden-era rule targeting methane leaks from oil and gas operations, the newspaper reported this week.

The Sun Herald item carries only the headline-level announcement; it provides no Federal Register filing date, no proposed rule text, and no timeline beyond the agency's "soon" framing. No direct EPA statement or quotation was included in the Sun Herald's headline posting.

What is the rule on the table?

The Biden administration's methane rule was finalized by EPA in December 2023 under Section 111 of the Clean Air Act. It set performance standards for new and existing oil and gas infrastructure — well sites, compressor stations, pipelines and processing plants — including leak detection and repair (LDAR) requirements using optical gas imaging and other monitoring methods. The rule was the first federal methane standard to reach existing sources in the sector, not just new construction.

EPA at the time tied the rule to the Methane Emissions Reduction Program created by the Inflation Reduction Act, which imposes a waste-charge fee on certain emissions above defined intensity thresholds starting in 2024.

Why is EPA now moving to withdraw it?

The current administration has prioritized energy-sector deregulation and has already moved to roll back multiple Clean Air Act provisions tied to climate policy. Oil and gas trade associations — including the American Petroleum Institute and a coalition of state attorneys general — challenged the December 2023 rule in the U.S. Court of Appeals for the District of Columbia Circuit, arguing EPA exceeded its statutory authority. The agency's decision to rescind administratively short-circuits that litigation.

What does the rescission process require?

Pulling a final rule is not a unilateral action. EPA must publish a proposed rescission in the Federal Register, accept public comment, and issue a final rule withdrawing the standard. The agency has to compile an administrative record justifying the change, typically relying on updated technical analyses or revised statutory interpretations.

The Sun Herald item does not specify which path EPA intends — a full rescission, a partial narrowing of the rule, or a temporary stay pending judicial review.

What is the operational impact for producers?

For operators, the announcement creates near-term compliance uncertainty. LDAR monitoring investments and reporting obligations under the existing rule were scheduled to phase in across 2024 and 2025. A rescission would remove those federal obligations, but the methane intensity targets several large LNG exporters and utilities have adopted independently could keep monitoring requirements in place across significant portions of the supply chain.

For natural gas markets, methane has become a procurement criterion. Buyers in Europe and Asia have moved toward certified gas with verified intensity thresholds, which often exceed U.S. federal minimums. That commercial pressure partially insulates the upstream segment from the regulatory shift.

What happens next?

The decision point is publication of the proposed rescission in the Federal Register. That filing will open a public comment window — typically 30 to 60 days — and signal whether EPA intends a full or partial withdrawal. Industry counsel will review the administrative record supporting any final rule; environmental litigators are likely to challenge a rescission that cannot be justified against the technical record that originally supported the December 2023 standard.

Until EPA files, the existing rule remains in effect.

via Google News: Environmental compliance and EPA (Source)

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Staff writer covering marketplaces and e-commerce at Circular Wire.

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