A proposed Environmental Protection Agency rule intended to encourage industry to adopt best practices that reduce emissions of methane and thereby avoid paying. Photo via Canva

Oil and natural gas companies for the first time would have to pay a fee for methane emissions that exceed certain levels under a rule proposed Friday by the Biden administration.

The proposed Environmental Protection Agency rule follows through on a directive from Congress included in the 2022 climate law. The new fee is intended to encourage industry to adopt best practices that reduce emissions of methane and thereby avoid paying.

Methane is a climate “super pollutant” that is more potent in the short term than carbon dioxide and is responsible for about one-third of greenhouse gas emissions. The oil and natural gas sector is the largest industrial source of methane emissions in the United States, and advocates say reduction of methane emissions is an important way to slow climate change.

Excess methane produced this year would result in a fee of $900 per ton, with fees rising to $1,500 per ton by 2026.

EPA Administrator Michael Regan said the proposed fee would work in tandem with a final rule on methane emissions EPA announced last month. The fee, formally known as the Methane Emissions Reduction Program, will encourage early deployment of available technologies to reduce methane emissions and other harmful air pollutants before the new standards take effect, he said.

The rule announced in December includes a two-year phase-in period for companies to eliminate routine flaring of natural gas from new oil wells.

“EPA is delivering on a comprehensive strategy to reduce wasteful methane emissions that endanger communities and fuel the climate crisis,” Regan said in a statement. When finalized later this year, the proposed methane fee will set technology standards that will “incentivize industry innovation'' and spur action to reduce pollution, he said.

Leading oil and gas companies already meet or exceed performance levels set by Congress under the climate law, meaning they will not have to pay the proposed fee, Regan and other officials said.

Sen. Tom Carper, chairman of the Senate Environment and Public Works Committee, said he was pleased the administration was moving forward with the methane fee as directed by Congress.

“We know methane is over 80 times more potent than carbon dioxide at trapping heat in our atmosphere in the short term,'' said Carper, D-Del. He said the program "will incentivize producers to cut wasteful and excessive methane emissions during oil and gas production.”

New Jersey Rep. Frank Pallone, the top Democrat on the House Energy and Commerce Committee, said oil and gas companies have long calculated that it's cheaper to waste methane through flaring and other techniques than to make necessary upgrades to prevent leaks.

“Wasted methane never makes its way to consumers, but they are nevertheless stuck with the bill,” Pallone said. The proposed methane fee “will ensure consumers no longer pay for wasted energy or the harm its emissions can cause.''

Republicans call the methane fee a tax that could raise the price of natural gas. “This proposal means increased costs for employers and higher energy bills for millions of Americans,” said Sen. Shelley Moore Capito, R-West Virginia.

The American Petroleum Institute, the oil and gas industry's largest lobbying group, slammed the proposal Friday and called for Congress to repeal it.

“As the world looks to U.S. energy producers to provide stability in an increasingly unstable world, this punitive tax increase is a serious misstep that undermines America’s energy advantage,'' said Dustin Meyer, API's senior vice president of policy, economics and regulatory affairs.

While the group supports “smart” federal methane regulation, the EPA proposal “creates an incoherent, confusing regulatory regime that will only stifle innovation and undermine our ability to meet rising energy demand,'' Meyer said. “We look forward to working with Congress to repeal the IRA’s misguided new tax on American energy.”

Fred Krupp, president of the Environmental Defense Fund, called the proposed fee "common sense,'' adding that oil and gas companies should be held accountable for methane pollution, a primary source of global warming.

In a related development, EPA said it is working with industry and others to improve how methane emissions are reported, citing numerous studies showing that and oil and gas companies have significantly underreported their methane emissions to the EPA under the agency's Greenhouse Gas Reporting Program.

The climate law, formally known as the Inflation Reduction Act, established a waste-emissions charge for methane from oil and gas facilities that report emissions of more than 25,000 metric tons of carbon dioxide equivalent per year to the EPA. The proposal announced Friday sets out details of how the fee will be implemented, including how exemptions will be applied.

The agency said it expects that over time, fewer oil and gas sites will be charged as they reduce their emissions in compliance with the rule.

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Trump says he's ending restrictions on methane emissions from oil drilling

In the News

President Donald Trump said Tuesday that his administration is “terminating” a Biden-era rule that aimed to cut planet-warming emissions of methane from oil and gas drilling.

Trump said during a campaign rally in Texas that the change would save companies and consumers billions of dollars and unlock 210 million barrels of oil. That’s equivalent to about 10 days of U.S. petroleum consumption.

The move aims to encourage more domestic drilling as Trump faces criticism over high fuel prices amid the war in Iran.

Methane is responsible for about a third of planet-warming greenhouse gas emissions, scientists estimate.

Cuts in methane emissions have emerged in recent years as a global priority to slow the rate of climate change. Oil and gas operations are the largest industrial source of methane, which is the main component in natural gas and far more potent to the atmosphere than carbon dioxide in the short term.

The invisible gas leaks from equipment and is released into the atmosphere or burned off as a waste product by oil drillers.

Environmental Protection Agency Administrator Lee Zeldin previewed the changes last month, saying they would eliminate the agency’s “Super Emitter Program” that requires companies to investigate and repair major methane releases from oil and natural gas facilities. The agency would also set less restrictive standards for small oil and gas wells.

Trump said during Tuesday's rally in Lubbock for Texas Republican Senate candidate Ken Paxton that Biden's plan “crushed the small operators” with crippling regulations.

“I’m officially terminating Biden’s expensive and unnecessary methane regulations to save consumers and energy producers $45 billion in costs,” Trump said.

The loosening of the emissions rule comes as Trump and Republicans in Congress have been methodically dismantling climate policies enacted under former President Joe Biden. That's included the revocation of a scientific finding that was central to U.S. action on greenhouse gas emissions, lower fuel economy standards for vehicles and a move to repeal emission restrictions for coal and natural gas power plants.

Environmental groups said the latest rollback will let companies continue polluting the atmosphere with gas that could be captured and provide energy to millions of households.

Environmental Defense Fund President Fred Krupp said it gives a “free pass” to companies at the expense of American consumers.

“EPA should be fighting this waste, not making it easier,” he said.

Zeldin has said the methane rule would have cost $18 billion and was holding back the U.S. energy industry.

The Biden methane rule was announced by officials including former Vice President Kamala Harris during a 2023 U.N. climate conference in the United Arab Emirates.

Federal officials under Biden said it would prevent an estimated 58 million tons (52.6 million metric tonnes) of methane emissions by 2038 and reduce other pollutants that cause health problems.

By 2034, the rule was projected to yield $98 billion in benefits. That figure was derived by calculating the future “social costs” of greenhouse gas emissions on public health and the environment, an approach rejected by Trump's EPA.

While previous regulations focused only on new oil and gas wells in the U.S., the Biden rule regulated existing wells. Operators also would have needed to plug leaking methane from smaller wells that produce just 6% of the nation’s oil and gas while accounting for up to half of all methane emissions from oil and gas fields.

The final rule was published in 2024. The EPA last year imposed an 18-month delay to give companies time to meet new inspection requirements and other provisions.

The rule was crafted to be coordinated with a methane fee, approved in the 2022 climate law. The fee program would have levied a “waste emissions charge” of as much as $1,500 per metric ton of methane on energy producers that exceed a certain level of methane emissions.

The fee marked the first time the U.S. government directly imposed a fee, or tax, on greenhouse gas emissions. Congress repealed it weeks after Trump took office.

Officials also tried to rein in methane from oil and gas under former President Barack Obama, but that effort was scaled back during Trump's first term.

Houston energy company expands battery storage deal with Samsung

battery boost

Houston-based Alpha Omega Power, which develops, invests in and runs utility-scale battery energy storage systems, has signed a deal to add more storage capacity from a subsidiary of South Korean tech giant Samsung.

The latest deal adds 1 gigawatt-hour of storage capacity to Alpha Omega’s existing contract with Samsung SDI America, bringing total storage capacity to 1.5 gigawatts.

The Michigan-based Samsung subsidiary is manufacturing the systems’ cells and modules at a plant in Indiana, Alpha Omega said. Samsung SDI plans to deliver them by the end of this year.

“This second agreement strengthens our domestic supply chain supporting the next generation of energy infrastructure,” Paul Choi, CEO of Alpha Omega, said in a press release.

Houston-based Fengate Asset Management owns Alpha Omega. In 2023, they formed a partnership to build, acquire, and operate utility-scale battery energy storage projects in the U.S. Their 200-megawatt Vertus battery facility in Galveston County came online this month.

Alpha Omega plans to use the Samsung SDI systems to improve grid reliability and meet greater demand for power in markets served by the Electric Reliability Council of Texas (ERCOT) and the Salt Lake City-based Western Electricity Coordinating Council.

ERCOT covers 90 percent of power customers in Texas. The Western Interconnection grid covers all or part of 14 states, as well as parts of Canada and Mexico.

Samsung SDI is the only non-Chinese supplier of rigid-metal “prismatic” energy storage batteries in North America, according to Alpha Omega.

“With strong durability and fire safety compared with pouch-type batteries, its prismatic batteries have helped the company meet the stringent requirements of U.S. energy companies,” Alpha Omega said.

The Samsung Battery Box 1.7 equipment being purchased by Alpha Omega offers AI-powered algorithms and 25 years of continuous use, along with greater energy density than its predecessor. It also features the ability to directly inject fire-extinguishing agents on a module-by-module basis.

Harris County officials seek more local control over data centers

data demands

Three Harris County officials are pushing for greater local control over the development and operation of data centers.

County Attorney Abby Kamin, County Commissioner Lesley Briones and County Commissioner Adrian Garcia recently called for action to give Harris County more power to regulate data centers.

As it stands now, Harris County “has little to no authority” over the construction of data centers, Briones said at a news conference. Harris County has 55 operating, under-construction, or planned data centers, according to a document filed with the county.

Briones outlined four steps being included in the Harris County commissioners’ exploration of potentially tighter local regulation of data centers:

  • Reviewing what Harris County can and cannot do regarding data centers
  • Creating a Harris County plan for the upcoming state legislative session aimed at granting more local control over data center construction and operations. State lawmakers would need to approve any changes in local control.
  • Establishing community “listening” sessions in Harris County about data centers
  • Notifying Harris County commissioners when a proposed data center seeks permits

Kamin noted Houston and Harris County lack zoning regulations, and the county’s 34 cities set their own zoning rules. Furthermore, she said, Texas Attorney General Ken Paxton has not issued a ruling on whether counties can impose a moratorium on development of data centers.

However, she said, “limited jurisdiction does not mean limited responsibility … New technology is arriving in our communities faster than our laws and institutions can keep up with, whether that’s data centers, AI or even drones.”

The effort by Kamin, Briones, and Garcia follows Gov. Greg Abbott’s recent statewide halt of new environmental and construction permits for data centers. State permitting is frozen until the Electric Reliability Council of Texas (ERCOT) and the Public Utility Commission of Texas complete their review of data centers.

Their initiative also comes amid growing public concern over the amount of electricity and water gobbled up by data centers, as well as residents’ own rising electric and water bills.

Houston-based CenterPoint Energy expects to connect 8 gigawatts of new data-center loads in the Houston area by 2029, with about 4 gigawatts to follow, Kamin said. That, she said, would significantly increase peak power demand.

“No industry should get to monopolize or run roughshod over residents, public safety, and our critical natural resources,” Kamin said.

That being said, Kamin and Briones stressed they take pride in Houston being the Energy Capital of the World and Texas being an economic powerhouse.

“This isn’t about being against technology or new technology, but growth has to go hand in hand with accountability,” Kamin said.

Garcia said he’s open to welcoming data centers as good corporate neighbors, but not without protecting the people who live near these projects.

“I’ll keep an open mind,” he said, “but I want to know what will ultimately be the benefit to the community. And right now, I need tools [to do that].”