North Dakota delegation asks EPA to pull back its proposed methane rule

U.S. Sen. John Hoeven (R-ND) and U.S. Rep. Kelly Armstrong (R-ND) called on the Environmental Protection Agency (EPA) to withdraw or substantially revise its proposed methane emissions rule.

The lawmakers called the EPA’s proposed rule — published in the Dec. 6, 2022, Federal Register — a one-size-fits-all approach that would impose burdensome and duplicative regulations on energy producers, some of which would be forced to shut down operations due to unworkable mandates.

In turn, this would harm the nation’s energy security, reduce revenues to states, tribes and local governments, and eliminate good-paying jobs, they noted in a July 19 letter sent to EPA Administrator Michael Regan. 

“At a time when this country should be doing all it can to improve energy security and independence, and reduce reliance on foreign suppliers, EPA has instead proposed a rule that would weaken the domestic energy industry through burdensome restrictions on oil and gas operations,” wrote Sen. Hoeven, Rep. Armstrong, and U.S. Sen. Kevin Cramer (R-ND). 

If finalized, the proposed rule would mandate prescriptive technologies, practices, and procedures across the country, without consideration of performance-based standards or the different situations in each state and producing field, they wrote. 

“In particular, the proposed rule would have significant negative impacts on the state of North Dakota and its residents,” wrote the lawmakers. “We request EPA withdraw or make significant revisions to the proposed rule.”

Specifically, they pointed out that the EPA’s proposed rule is duplicative of the gas capture goals set by the North Dakota Industrial Commission (NDIC), although the EPA’s rule doesn’t provide the same regulatory flexibility. Under the NDIC goal, North Dakota’s gas production grew to record levels and operators currently are achieving a gas capture rate of 95 percent, according to their letter.

“Thanks to innovation, technology, and regulatory flexibility, North Dakota has played a key role in making the United States the world’s top oil and gas producer and a net exporter to global markets,” wrote the lawmakers. “At the same time, due to American innovation, the U.S. has led the world in emissions reductions since 2005.”

Maintaining America’s capacity to produce oil and gas is vital to protecting the nation’s economic and national security interests, they wrote. 

“Unless EPA reverses course, the proposed rule will drive up consumer energy costs and increase U.S. reliance on energy imports, including from adversarial foreign nations with little to no regard for environmental or labor standards,” they concluded.