A Revision to the Methane Waste Prevention Rule is Coming
The Bureau of Land Management (BLM) will soon publish a proposal in the Federal Register to replace the “Waste Prevention, Production Subject to Royalties, and Resource Conservation” (82 FR 83008) rule, also referred to as the 2016 Final Rule. Due to recent court rulings and several legal questions raised in pending litigation concerning the implementation of the 2016 Final Rule, the BLM is suspending the implementation of provisions of the rule that have not yet gone into effect.
Once the revised rule has been published, the 60-day public comment period will be kicked off. After the 60-day period expires, the agency can make the revision final. An update to this blog will be sent once the revision is published in the Federal Register (the expected release date is within the next few weeks).
Background:
The 2016 Final Rule was intended to reduce venting, flaring, and leaks of natural gas during oil and gas production activities on onshore Federal and Indian leases. The final rule became effective on January 17, 2017, and while some requirements took effect immediately, the majority of the requirements were to be phased-in beginning January 17, 2018. In short, the rule required oil and gas companies to capture methane flared at drilling sites; however, some companies consider the rule unnecessary and overly intrusive.
The current administration requested to have the rule set aside; however, a federal judge rejected the request citing that the administration had failed to provide a “reasoned explanation” for changing the rule and had not offered evidence as to why any of the past analyses of the rule were faulty.
Why this matters:
The revising of this rule is part of a larger effort to undo regulations that may have hindered economic growth in the energy sector in the past. This regulation and other similar ones (perhaps other sectors of the economy rules) paves a path to striking a balance between protecting the environment and growing the economy.
Kelly has over 25 years of experience in the environmental and petrochemical industry. Kelly studied Chemical Engineering at LSU (Geaux Tigers!) That makes her ideal for managing our EHS partner relationships. Reach out and say hello today!
