At the end of July, EPA Administrator Lee Zeldin finalized an interim “Delay Rule” that postpones compliance deadlines for the 2024 methane standards covering oil and gas facilities. The rule pushes back requirements for leak detection, equipment controls, and state implementation plans by up to 18 months.
Critics argue the delay weakens protections already in place, enabling more methane leaks, venting, and flaring at a time when U.S. emissions are rising.
Opposition Mounts at EPA Hearing
On September 2, the EPA held its only public hearing—after the rule had already taken effect. Dozens of speakers, including environmental groups, health organizations, Tribal representatives, and local residents, voiced concerns.
Grace Smith, Senior Attorney at the Environmental Defense Fund (EDF), warned that the delay “increases risks posed by climate change and toxic air pollution.” Methane, she noted, is 80 times more powerful than carbon dioxide in the near term, already driving about one-third of current climate warming.
EDF estimates the rollback could allow:
· 3.8 million tons of methane
· 960,000 tons of volatile organic compounds (VOCs)
· 36,000 tons of hazardous air pollutants between 2028 and 2038.
Public Health at Stake
Methane emissions often release VOCs and hazardous air toxics that fuel smog, respiratory illness, neurological harm, and cancer. Children are especially vulnerable, with oil and gas pollution linked to 500,000 missed school days each year due to asthma and related health impacts.
EPA’s original 2024 methane standards were projected to cut 58 million tons of methane by 2038, alongside major reductions in VOCs and toxics. Critics argue that delaying compliance denies communities protections that are both technologically feasible and already adopted by leading operators.
Legal and Policy Fallout
· Litigation: EDF and other groups have filed suit, claiming the Delay Rule violates the Clean Air Act and Administrative Procedure Act by bypassing the required public comment process. Courts have previously struck down similar “interim final rules.”
· State action: States like Colorado continue to enforce their own methane rules, matching or exceeding EPA’s 2024 standards.
· Industry stance: Companies including BP and Shell support stronger methane rules, citing waste reduction and investor confidence.
The outcome of the lawsuit could determine whether EPA must reinstate the 2024 methane deadlines immediately or defend its extension in court. Meanwhile, pressure is mounting: critics warn that further delays risk deepening climate damage and worsening public health burdens while offering only minimal economic relief.
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