BP floats ‘interim’ law to buy more time on greenhouse gas emissions legislation

BP touts its image as a green company, but like other fossil fuel businesses, BP isn't thrilled with EPA plans to begin regulating greenhouse gas emissions in the absence of a new climate change law.

So BP is proposing an “interim” law that would stop EPA from moving ahead.

Here’s what’s happening: EPA plans to enact controversial rules that would incorporate greenhouse gases into Clean Air Act permitting programs, and specifically require large new and modified stationary sources to minimize emissions under the act’s “prevention of significant deterioration” mandate.

In March of next year, EPA also plans to finalize some much less controversial rules that will establish vehicle greenhouse gas standards, part of a joint action with the Transportation Department to create linked emissions and mileage requirements.

Once complete, however, the vehicle rules will legally bring the emissions under Clean Air Act permitting programs applied to stationary sources like power plants and refineries.

BP doesn't want this trigger pulled, and is offering some suggestions on how EPA should proceed under this fairly tricky set of circumstances. They come in the form of comments on EPA’s proposed stationary source requirements and plans to “tailor” the requirements to ensure they only apply to large emitters.

“In the period before new climate legislation is enacted, we would support the EPA, the Administration and Congress to work together to agree to an interim legislative directive so that EPA could move forward on the pending light duty vehicle rule in a manner that would not trigger stationary source controls,” writes Karen St. John, BP’s senior director of regulatory affairs, in the company’s comments this month to EPA.

Alternatively, BP argues that EPA could defer action on the tailpipe standards while allowing the Transportation Department to proceed with its strengthened vehicle mileage standards, thereby “achieving the same environmental benefit without economic harm.” BP also says that EPA could decide that the PSD requirements do not begin until the auto emissions requirements actually kick in, which is model year 2012.