Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions".
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This joint resolution nullifies an EPA rule that set procedures for the waste emissions charge on oil and gas facilities under the Methane Emissions Reduction Program, including how companies could net emissions and qualify for exemptions.
Because it was enacted under the Congressional Review Act, the rule has no force or effect and EPA is barred from issuing a substantially similar rule in the future without new statutory authority.
What this law does
What it does
This joint resolution disapproves and nullifies an Environmental Protection Agency rule, published November 18, 2024, titled "Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions." The rule had set out procedures for how oil and gas facilities could comply with the waste emissions charge under the Methane Emissions Reduction Program, including methods for netting emissions across facilities and qualifying for exemptions. Under the Congressional Review Act, disapproval means the rule is treated as though it never took effect, and it has no force or effect going forward. The resolution does not eliminate the underlying waste emissions charge program established by statute; it removes only this specific EPA implementing rule.
Key provisions
- 1Disapproves the EPA rule on waste emissions charge compliance procedures, netting, and exemptions for petroleum and natural gas systems, published November 18, 2024.
- 2Provides that the disapproved rule shall have no force or effect.
Who is affected
Owners and operators of onshore and offshore oil and gas production, gathering, processing, transmission, and storage facilities that would have been subject to the waste emissions charge, along with the Environmental Protection Agency, which administered the compliance procedures the rule established.
Why it matters
Affected oil and gas facilities no longer have to follow the specific compliance, netting, and exemption procedures the rule laid out for the methane waste emissions charge, potentially easing near-term compliance burdens. EPA must also refrain from issuing a substantially similar replacement rule absent new legislative authorization, affecting how the charge can be implemented going forward.
What changed
Changes to existing law
Repeals Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions (89 Fed. Reg. 91094)
Nullifies the EPA rule so it has no force or effect, under the Congressional Review Act.
Agencies directed to act
Effective dates
- Disapproval of the EPA rule and its loss of force or effect
Funding and costs
Congressional Budget Office estimate
CBO estimates H.J. Res. 35 would reduce federal revenues by about $7.5 billion over the 2025–2035 period, increasing the deficit by that amount.
H.J. Res. 35 would disapprove an EPA rule that implemented a methane emissions fee (the "Waste Emissions Charge") on certain petroleum and natural gas facilities, as required by the 2022 reconciliation act (P.L. 117-169). CBO estimates the bill would decrease federal revenues by $7,475 million (approximately $7.5 billion) over the 2025–2035 period, with the largest annual reductions in 2026–2029 (roughly $1.3–$1.4 billion per year). The estimate covers only revenue effects; CBO identified no direct spending changes and no intergovernmental or private-sector mandates as defined under the Unfunded Mandates Reform Act.
Legislative status & sources
Latest action
Became Public Law No: 119-2.
Official CRS summary
Show the CRS summaryHide the CRS summary
This joint resolution eliminates an annual waste emissions charge on oil or gas facilities under the Methane Emissions Reduction Program. Under the program, the Environmental Protection Agency (EPA) currently collects a waste emissions charge from specific types of oil or gas facilities, such as onshore or offshore facilities that produce oil or gas, for exceeding emission thresholds for greenhouse gas emissions and methane emissions.
Specifically, the joint resolution nullifies the rule titled Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions and published by the EPA on November 18, 2024.
Legislative subjects
Administrative law and regulatory procedures; Air quality; Climate change and greenhouse gases; Congressional oversight; Environmental Protection; Environmental Protection Agency (EPA); Oil and gas