Sarah Fritz
Associate Editor
Loyola University Chicago School of Law, JD 2025
On December 2, 2023, the Environmental Protection Agency (EPA) issued a new rule aimed at reducing methane and emissions from other pollutants. The rule contains Emissions Guidelines to aid states in setting plans limiting methane production in their territory. The rule also enumerates New Source Performance Standards aimed at reducing the prevalence of methane from new sources.
Methane is a tremendously harmful pollutant. Methane itself is a greenhouse gas. It is the main ingredient in natural gas, thus fossil fuel production has become a main source of methane production globally. Methane leaks from the oil and gas industry are avoidable, and can be prevented effectively through appropriate regulation.
How does methane exacerbate harm caused by climate change?
Methane production increases the harm caused by climate change by directly contributing to global warming. Methane is associated with causing at least 30 percent of the rise in global temperatures since the start of the industrial revolution in the late 1700s and early 1800s. While methane does not last for a long time in the atmosphere, it absorbs much more energy while it is in the atmosphere than other greenhouse gases, which causes it to be extremely harmful.
Methane is the second most common greenhouse gas after carbon dioxide, but it traps 80 times more heat than carbon dioxide does. Not only does methane contribute more to climate change than carbon dioxide, but it is incredibly injurious to public health. A Public Health England report explaining methane harms stated that high levels of methane can cause health effects including memory loss, nausea, slurred speech, vision problems, vomiting, mood changes, facial flushing, and headaches.
Methane production can cause tremendous harm to the public aside from direct health effects. Oil and gas operations are disproportionately located in vulnerable communities due to a long history of discriminatory practices. The placement of methane producing facilities continues the trend of communities that contribute the least to climate change facing a higher risk of harm and the costs of climate change being externalized on vulnerable communities.
How will the new rule issued by the EPA prevent harm to the public?
The rule issued by the EPA will be effective at preventing further harm caused to the public by methane by curbing current methane emissions and preventing future emitters from methane production by oil and gas operations. Oil and gas operations are the largest industrial sources of methane production in the United States. Not only does the rule regulate methane emissions, but it also aims to reduce production of smog-forming volatile organic compound (VOC) emissions and air toxins that contribute to climate change.
The EPA estimates the rule will prevent approximately 58 million tons of methane emissions from 2024 to 2038. The estimation predicts methane production will be 80 percent less than what would be produced without the rule. The new rule should also suppress a further 16 million tons of emissions from smog-forming VOCs, gasses that combine with nitrogen oxide to form ozone. Lastly, the rule aims to curb an estimated 590,000 tons of air toxins from being emitted into the atmosphere. Together, these avoided emissions aim to impede the rapid warming of the climate.
Methane is a major contributor to the economic costs of climate change, therefore the benefits of reducing methane emissions far outweigh the costs. The EPA estimates that the rule will lead to ozone and climate health benefits ranging from 97 to 98 million dollars from 2024 to 2038. The benefits account for both the costs of compliance and the savings from recovered natural gas that would have previously been emitted into the atmosphere.
The health impacts of methane alone, not considering the cumulative effects of methane in combination with other air toxins and greenhouse gasses, are plentiful. Vulnerable communities located near oil and gas producers will be most impacted by the rule, as it will prevent leaks of methane and other harmful gasses into the atmosphere. While the new rule by itself will not fully prevent climate change, it is an important step towards lowering greenhouse gas emissions.