Democrats call Biden methane proposal ‘insufficient’

A group of Democratic senators is calling on the Biden administration to go further to address methane emissions from oil and gas production, saying the current proposed rule is “insufficient.”

Specifically, the lawmakers say it does not adequately address flaring — a process by which excess gas is burned off, releasing planet-warming methane into the atmosphere. 

“With respect to flaring … we believe that the approach proposed in the supplemental notice is insufficient to meet the requirements of section 111,” the senators wrote in a Thursday letter, referring to a section of the Clean Air Act. 

“It would also allow continued massive volumes of methane and carbon dioxide emissions from wasteful flaring of saleable gas resources,” they added.

Methane is a planet-warming gas that is more than 25 times as powerful as carbon dioxide. It can come from various sources, including oil and gas production, agriculture and landfills, and is responsible for about 20 percent of global greenhouse gas emissions.

The letter was addressed to Environmental Protection Agency (EPA) Administrator Michael Regan. It was signed by 14 Democrats and one independent senator who caucuses with them. 

The EPA says its proposed regulations would address 87 percent of methane emissions from the sector, but the senators still expressed concern about whether it will be effective. 

Specifically, they raised concerns about the proposal’s language that allows gas flaring when it is not feasible to use as fuel, saying this effectively puts companies in charge of regulating themselves. 

“State oil and gas regulations typically already prohibit ‘waste’ of gas without reason, but have, in most states, manifestly failed to prevent widespread routine flaring,” they argued in the letter. “Thus, EPA’s proposal would merely enshrine the status quo in federal regulation, allowing the massive greenhouse gas emissions from flaring to continue unabated.”

The group called on the EPA to instead prohibit flaring with some narrow exemptions. The lawmakers also asked the agency to propose new regulations “as soon as possible” that deal with an Inflation Reduction Act program that provides companies with financial assistance to reduce their methane emissions and also fines those that emit large quantities of the gas.

Reached for comment, an agency spokesperson provided The Hill with an emailed statement that only addressed the timeline for regulations related to the program, known as the Methane Emissions Reduction Program.

“EPA appreciates the need for timely implementation of the Methane Emissions Reduction Program, which incentivizes early adoption of innovative technologies and best practices, allowing the United States to quickly achieve greenhouse gas emissions reductions and energy savings,” a statement from spokesperson Shayla Powell said. 

“EPA is expeditiously working to implement this important Inflation Reduction Act program and looks forward to our continued partnership with Congress,” Powell added. 

The lawmakers that signed onto Thursday’s letter are Sens. Tom Carper (D-Del.), Ed Markey (D-Mass.), Ben Cardin (D-Md.), Sheldon Whitehouse (D-R.I.), Alex Padilla (D-Calif.), Jeff Merkley (D-Ore.), Tina Smith (D-Minn.), Martin Heinrich (D-N.M.), Angus King (I-Maine), Peter Welch (D-Vt.), Chris Van Hollen (D-Md.), Ben Ray Luján (D-N.M.), Dianne Feinstein (D-Calif.), Michael Bennet (D-Colo.) and Cory Booker (D-N.J.).