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Rescind Loopholes Shielding Fossil Fuel Industries From Climate Accountability
AKA “Protect American Jobs”
Which agency/agencies promulgated the regulation? *
U.S. Environmental Protection Agency (EPA), U.S. Department of the Interior (DOI), U.S. Department of Energy (DOE), Bureau of Land Management (BLM)
The following titles, parts, and sections of the Code of Federal Regulations (CFR) should be modified to close existing loopholes and restore stronger climate accountability without rescinding the entire regulatory framework:
40 CFR Part 60 – Standards of Performance for New Stationary Sources
Sections: §§ 60.500-60.540 (fossil fuel power plants)
Rescission Focus: Modify the emission standards for fossil fuel power plants to reflect current climate science and enforce stricter limits on carbon dioxide, methane, and other greenhouse gases, closing existing loopholes.
40 CFR Part 98 – Greenhouse Gas Reporting Program
Sections: §§ 98.123-98.230 (fossil fuel extraction and emission loopholes)
Rescission Focus: Modify reporting requirements to close emission loopholes in fossil fuel extraction, ensuring that both direct emissions and emissions from downstream fossil fuel products are accurately reported, while maintaining the program’s core framework.
43 CFR Part 3170 – Oil and Gas Leasing on Public Lands
Rescission Focus: Modify provisions that limit royalties and allow deferred climate accounting in oil and gas leasing. Ensure that royalties are based on market value and enforce climate accounting, while preserving the overall framework for managing public land leases.
10 CFR Part 430 – Energy Conservation Program for Consumer Products
Rescission Focus: Modify provisions related to energy efficiency to eliminate loopholes that indirectly support fossil fuel consumption. Tighten energy efficiency standards for consumer products to promote clean energy solutions and reduce reliance on fossil fuels.
—OPTIONAL--
Notice of Proposed Rulemaking
Fossil Fuel Industry Loopholes and Deregulation of Climate Accountability Standards
Loopholes in the existing regulatory framework shield the fossil fuel industry from climate accountability, allowing continued emissions and environmental degradation without adequate penalties. These regulatory gaps prevent meaningful progress on reducing greenhouse gas emissions, increasing the risk of further climate change and harm to vulnerable communities. Rescinding these rules and closing the loopholes will hold the fossil fuel industry accountable, promote clean energy solutions, and allow the U.S. to meet its international climate commitments.
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW
Washington, D.C. 20460
EPA Office of Public Affairs
Phone: 202-564-4700
Email: publicaffairs@epa.gov
In recent years, the fossil fuel industry has benefitted from a series of regulatory exemptions and loopholes that reduce their climate accountability. This includes lowered emission standards for power plants, exemptions for certain fossil fuel operations under the Greenhouse Gas Reporting Program, and lenient royalties on public land oil and gas leases. These measures were designed to encourage development of fossil fuel resources but have allowed continued emissions without proper climate mitigation measures. This deregulation has delayed efforts to transition to clean energy and has undermined the U.S. government’s ability to meet its climate targets under international agreements like the Paris Climate Accords.
Rescinding these loopholes will ensure that the fossil fuel industry is held accountable for its emissions, particularly in the face of growing climate change impacts. Closing reporting gaps and enforcing stricter standards for emissions and land use will help drive a shift towards clean energy and climate justice. Reinstating stricter requirements on oil and gas leasing and emissions reporting will foster greater transparency, ensure that fossil fuel operations contribute to the broader fight against climate change, and help the U.S. fulfill its climate obligations.
Fossil Fuel Emissions Standards: Emission standards for new and existing fossil fuel power plants will be updated to reflect the most current climate science, with enforceable limits on carbon dioxide, methane, and other greenhouse gases.
Greenhouse Gas Reporting: Fossil fuel extraction facilities will be required to report all emissions above certain thresholds, closing existing reporting loopholes. This will include both direct emissions and emissions from fossil fuel products sold downstream.
Oil and Gas Leasing: New provisions will ensure that all oil and gas leases on public lands require the collection of royalties based on market value, with an emphasis on protecting public land and ensuring that fossil fuel extraction on federal lands contributes to the U.S. climate agenda.
Energy Conservation: Provisions under 10 CFR Part 430 will be tightened, enforcing energy efficiency standards that make it more difficult to promote fossil fuel consumption in consumer products.
Lee Zeldin
Administrator of the Environmental Protection Agency