Bennet, Heinrich, DeGette, Beyer Lead Letter To EPA Supporting Tougher Methane-Emissions Standards

Letter To Administrator Regan Signed By 76 Senate And House Members Urges EPA To Take Steps To Reduce Pollution From Routine Flaring Of Gas at Oil Wells

Lawmakers Call For Stricter Safeguards To Reduce Pollution, Combat The Climate Crisis, And Protect Health

Denver — Colorado U.S. Senator Michael Bennet, alongside U.S. Senator Martin Heinrich (D-N.M.) and U.S. Representatives Diana DeGette (D-Colo.) and Don Beyer (D-Va.), lead a group of 76 members of Congress in support of stronger standards from the Environmental Protection Agency (EPA) regarding methane emissions and pollution from oil and natural gas operations. 

The lawmakers, including Colorado U.S. Senator John Hickenlooper and Colorado U.S. Representatives Joe Neguse and Jason Crow, urged EPA to strengthen the agency’s supplemental proposal announced during President Biden’s address to the United Nations Climate Change Conference of Parties by encouraging the use of available data from innovative monitoring technologies like satellite imaging, and tightening restrictions on routine flaring by clarifying and defining when flaring can occur during emergencies and maintenance. 

“As we celebrate the significant strides the agency has made in the recent proposal, we also ask the EPA to adopt further improvements in its final rule. While the supplemental proposal takes some important steps to reduce pollution from routine flaring of gas at oil wells, stricter safeguards against this harmful practice are critical to reduce pollution and protect health,” wrote the lawmakers in the letter. “A number of studies have demonstrated that flaring of associated gas results in methane emissions that are five times higher than previously thought, largely due to flare malfunctions and inefficiencies. 

“Fortunately, alternatives to flaring are readily available and leading states like New Mexico, Colorado, and Alaska have put in place policies to avoid pollution from flaring of associated gas,” continued the lawmakers. “EPA must build on the leadership of these states and prohibit routine flaring except for safety emergencies and maintenance reasons.”

In the Senate, Bennet has consistently worked to limit methane emissions and strengthen oil and gas standards, following Colorado’s lead. Earlier this month, Bennet urged the Bureau of Land Management to eliminate routine venting and flaring from oil and gas operations on public and Tribal lands, which Colorado had already banned on state lands. Bennet wrote the Oil and Gas Bonding Reform and Orphaned Well Remediation Act to provide funding to clean up abandoned, or orphaned, oil and gas wells, while strengthening bonding requirements and expanding opportunities for local input in lease sales on public lands. Bennet’s bill would ensure that irresponsible operators — not taxpayers — pay for the cost of cleanup. 

In line with his bill, Bennet pushed for the Bipartisan Infrastructure Law to include funding for orphaned oil and gas well cleanup. This year, Colorado is expecting approximately $79 million from the law to support programs to plug, remediate, and reclaim orphaned wells across the state. 

In addition to Bennet, Heinrich, and Hickenlooper, the letter was also signed by U.S. Senators Tina Smith (D-Minn.), Angus King (I-Maine), Ed Markey (D-Mass.), Chris Murphy (D-Conn.), Alex Padilla (D-Calif.), Cory Booker (D-N.J.), Mazie Hirono (D-Hawaii), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Dianne Feinstein (D-Calif.), Amy Klobuchar (D-Minn.), Tammy Baldwin (D-Wis.), Sheldon Whitehouse (D-R.I.), Ben Ray Luján (D-N.M.), Jeff Merkley (D-Ore.), Bernie Sanders (I-Vt.), Richard Blumenthal (D-Conn.), and Peter Welch (D-Vt.). In addition to DeGette, Beyer, Neguse and Crow, the letter was also signed by 55 members of the U.S. House of Representatives.

The text of the letter is available HERE and below.

Dear Administrator Regan,

We write to express our strong support for the Environmental Protection Agency’s (EPA) supplemental proposal (issued 12/6/2022) that updates, strengthens, and expands its standards proposed on November 15, 2021, which are intended to reduce methane emissions and pollution from oil and natural gas operations. We respectfully request further improvements to the supplemental proposal that encourage the use of available data from innovative monitoring technologies (e.g., satellite imaging) and tighten restrictions on routine flaring by clarifying and defining when flaring can occur during emergencies and maintenance.

The supplemental proposal constitutes a major step forward in combating the climate crisis by reducing methane emissions from the oil and gas sector. The supplemental proposal, released by EPA during President Biden’s address to the United Nations Climate Change Conference of Parties (COP 27), takes meaningful steps to strengthen methane pollution standards. It builds from the strong foundations of existing regulations at both the state and federal level as well as recent congressional action, including the bipartisan 2021 Congressional Review Act resolution that reinstated methane protections and the Methane Emissions Reduction Program that was designed to complement and reinforce EPA regulations.

As you know, methane is a highly potent greenhouse gas that is responsible for around 30% of the global warming we are experiencing today (IEA, 2022). The proposed rule will capitalize on cost-effective and widely-available technologies and best practices to reduce these emissions across the oil and gas supply chain. Combating methane pollution also provides critical protection for millions across the country who live near oil and gas operations and suffer the air quality impacts of dangerous co-pollutants released alongside methane. Cutting methane pollution from the oil and gas industry is one of the most immediate and cost-effective ways to slow the rate of global warming while improving air quality and protecting public health. 

EPA’s supplemental proposal strengthens last year’s proposed rule in a number of key ways while maintaining important requirements to transition to zero-emitting technologies. First, the proposal would extend monitoring requirements to high-polluting smaller oil and gas wells, which produce a large and disproportionate share of the nation’s methane pollution but only yield a very small amount of usable oil and gas. Second, the proposal seeks to curtail the practice of “orphaning” depleted oil and gas wells by extending inspection requirements and ensuring proper closure. Third, the supplemental proposal seeks to reduce “super-emitting” events by utilizing rigorous third-party monitoring data to quickly identify large emissions for mitigation. Finally, the proposal capitalizes on widely-available monitoring technologies while creating a pathway for the use of new, innovative technologies to monitor methane pollution. Deploying and utilizing these technologies, like aerial flyovers and satellite imaging, allows for scanning of broad geographical areas quickly to detect large emissions. Using these technologies, their vast amounts of data, and complimentary enforcement mechanisms will ensure comprehensive mitigation while gathering valuable measurement data that can inform future actions. 

As we celebrate the significant strides the agency has made in the recent proposal, we also ask the EPA to adopt further improvements in its final rule. While the supplemental proposal takes some important steps to reduce pollution from routine flaring of gas at oil wells, stricter safeguards against this harmful practice are critical to reduce pollution and protect health. A number of studies have demonstrated that flaring of associated gas results in methane emissions that are five times higher than previously thought, largely due to flare malfunctions and inefficiencies. Fortunately, alternatives to flaring are readily available and leading states like New Mexico, Colorado, and Alaska have put in place policies to avoid pollution from flaring of associated gas. EPA must build on the leadership of these states and prohibit routine flaring except for safety emergencies and maintenance reasons. Additional clarification and definitions regarding each of these exceptions should also be provided. 

In addition to protecting our communities from climate and associated oil and gas pollution, strong EPA rules can help create American jobs. Over 200 companies nationwide are creating the solutions to help the oil and gas industry cut methane pollution, and strong rules will foster additional well-paid, homegrown jobs in a sector that’s rapidly expanding. We thank you for your careful consideration of our input and urge the agency to finalize a strong, comprehensive rule as quickly as possible to protect public health and combat the climate crisis.

Sincerely,