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Economy

The Big Problem With the EPA’s New Rules

They fall short of President Biden’s power plant goals — and he’s running out of time and tools.

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A natural-gas plant.
Heatmap Illustration/Getty Images

As you may have heard, the Biden administration on Thursday proposed regulating greenhouse-gas emissions from new and existing power plants.

The rule is a landmark. If implemented successfully, it would mark the first time that the United States has regulated emissions from existing power plants, one of the largest sources of carbon pollution in the economy.

Yet coverage of the rule has deviated in some respects from what it would actually do. The rule falls short of its goals in at least one important way: It will not meet President Joe Biden’s targets for the power sector.

Soon after he took office, President Biden committed the United States to generating 100% of its electricity from zero-carbon sources by 2035. It is part of his broader Paris Agreement pledge to slash U.S. carbon pollution in half by 2030 as compared to 2005 levels.

But the EPA’s proposal would not achieve a zero-carbon power grid even by 2040, five years after the president’s deadline. If the rule is implemented, then the American electricity system will emit 458 million metric tons of carbon pollution in 2040. While that is a significant reduction — it’s about 70% lower than today’s annual emissions — it is obviously not zero.

“These rules and this section of the Clean Air Act is not designed to achieve President Biden’s clean power targets,” Charles Harper, a policy analyst at Evergreen, a climate advocacy organization and think tank, told me.

“These power-sector rules are an important contributor to reducing emissions to the power sector, but they alone won’t get to a zero-carbon grid — and that’s by design within the statute.”

On one hand, the EPA’s proposal reveals the success of President Biden’s flagship climate accomplishment, the Inflation Reduction Act. The EPA’s proposal can mandate carbon capture and storage so aggressively because that law’s subsidies and tax credits made it economically feasible for utilities. The proposal is “designed very, very well to work in tandem with the IRA tax credits,” Nick Bryner, a law professor at Louisiana State University, told me.

In fact, according to the rule’s analysis, the climate law — and not the proposed rule — will drive most of the emissions declines in the power sector from 2028 to 2040. The rule is tinkering around the edges of a much larger transformation.

But on the other hand, the rule reveals the limits of that metamorphosis. The Biden administration has adopted more climate policy than any previous administration, yet they are running out of tools to make their climate goals a reality. The EPA will be lucky to finalize these rules before the end of Biden’s first — and potentially only — term. And it is not working on any other proposed power-sector regulation that might get the country all the way to Biden’s 2035 goal.

At this point, Biden may need a revolution of state and local climate advocacy — not to mention another four years in office, and perhaps even another congressional majority — to achieve his most ambitious climate goals. The planet is only getting hotter.

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This is Heatmap Daily, a weekday digest written by our executive editor. Subscribe here.

My colleague Emily Pontecorvo has a fascinating story today about Net Power, an energy and power development company whose technology once seemed key to decarbonizing the country’s electricity grid.

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Energy

Net Power Surrendered Its Clean Dreams to Data Center Demand

The zero-emission pioneer is doing the dirty work for the AI boom.

A gas plant and a data center.
Heatmap Illustration/Getty Images

All kinds of companies have refashioned themselves to exploit the AI boom. A bitcoin miner became a data center developer, a shoemaker is building GPUs, and an electric vehicle company is integrating its powertrains into server racks.

Now, a company that once aspired to build one of the lowest-emitting power plants has pivoted to building one of the dirtiest in order to meet data centers’ requirement for speed to power above all. Net Power was founded to pioneer a new form of natural gas power plant with zero emissions, but it has given up on that technology and recently acquired 10 natural gas reciprocating engines that it plans to co-locate with a data center on the site intended for its first commercial plant.

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Politics

The Surprisingly Exciting Race to Be California’s Next Insurance Commissioner

Ben Allen wants to reform the existing market. Jane Kim wants a revolution.

California Insurance Commissioner candidates.
Heatmap Illustration/Getty Images, Ben Allen, Jane Kim

From Crescent City to Coronado, California voters are facing decisions on a down-ballot strewn with over a dozen propositions and a series of statewide Democrat-versus-Republican races with mostly foregone conclusions.

And then there’s the insurance commissioner.

In the race to oversee California’s insurance market, a $452 billion-in-premium-volume monster imperiled by insurer defections and disaster risks, Democratic State Senator Ben Allen, whose district includes Pacific Palisades, is facing off against Jane Kim, a progressive former San Francisco supervisor.

Kim has the support of Vermont Senator Bernie Sanders — it’s the first thing you see about her when you Google her campaign. She previously served as his California political director during the 2020 presidential race, and she appeared earlier this month at an event with the senator in support of the state’s proposed billionaire wealth tax.

Allen, by contrast, won the endorsement of the state’s Democratic Party and its two incumbent senators.

There has been little public polling of the race, but one September survey showed Kim leading Allen 25% to 18%, with more than half the electorate undecided.

“My opponent and I are not even running for the same office,” Kim told me. “He’s running for what this office used to be, and I’m running for what this office could be.”

Allen wasn’t worried about Kim’s characterization in my interview with him, telling me, “I want to fix the market that we have and make it work. My opponent wants to build a new state insurer that nobody has priced.”

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