EPA grants extension for comments on waste emissions fees rule

At the behest of GPA Midstream Association, the U.S. Environmental Protection Agency has extended the comment period on a proposed rule regarding emissions earlier this year that leads to charges on certain waste emissions across the oil and gas industry.

On Jan. 26, the EPA published “Waste Emissions Charge for Petroleum and Natural Gas” in the Federal Registry as a proposed rule. The agency gave only 45 days for the public and affected groups, such as GPA Midstream members, to comment on the complex matter.

The proposed rule raises many substantive legal and technical issues that require thorough analysis. Affected members of the public are only just beginning to undertake that work.

Instead of the early March deadline, GPA Midstream's petition resulted in an extension to March 26. We are preparing comments now and working with the GPA Midstream Environmental Committee for the final language.

The EPA rulemaking is part of the Inflation Reduction Act, which adds authorities under the existing Clean Air Act to take steps in reducing methane emissions. The Waste Emissions Charge would be levied on petroleum and natural gas facilities that emit more than 25,000 metric tons of CO₂.

Those charges would be $900 per metric ton when they kick in this year and go up to $1,200 per metric ton next year. In 2026 and thereafter, the charge goes to $1,500 per metric ton to encourage reduction in emissions overall.