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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.

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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Hotspots

People Who Hate Renewables Hate Data Centers, Too

And more thoughts on the week’s most notable fights around project development.

The United States.
Heatmap Illustration/Getty Images

1. Pinal County, Arizona – If you can’t build a solar or a wind farm somewhere, it’s really hard to get a data center built there too.

  • That’s the lesson readers should take away from the situation in Pinal County, where historically speaking at least 5 solar projects have been withdrawn over the years after facing local opposition, according to Heatmap Pro data. You should expect some data centers to potentially wind up in the same graveyard.
  • On Wednesday, the Pinal County Board of Supervisors rejected the La Osa Energy Center, a large proposed data center and gas-fired power complex. The board in this deep red rural desert community is rock-ribbed Republican. Only one supervisor on the board dissented, citing private property rights concerns.
  • The county currently has a restrictive ordinance against data center development unless they are in industrial areas, but has not yet approved a project since the ordinance was crafted, making this now a de facto no-go zone for developers. This went against the requests of the county zoning board, which recommended making the project site as industrial. If that pattern sounds familiar to you, that’s because you recognize it from the many cases we’ve seen in solar and wind development where political officials similarly override zoning staff.

2. St. Joseph County, Indiana – Thousands of miles away from Arizona, a similar division is dominating the fight over whether to enact a 2-year moratorium on data centers in the county home of South Bend.

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Q&A

What Nevada’s Democratic Candidate for Governor Would Do About Data Centers

A conversation with Nevada attorney general Aaron Ford

Aaron Ford.
Heatmap Illustration

This week’s conversation is with Nevada attorney general Aaron Ford, the Democratic candidate for governor in the state. His campaign reached out recently asking if I wanted to chat about what he’d want to do on data center and energy policy, which is essentially catnip for a reporter like me. So we hopped on the phone and chatted about his approach to regulation as he seeks to oust the sitting GOP governor Joe Lombardo.

The following conversation was lightly edited and abridged for clarity.

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Spotlight

The Top Five States to Watch for Clean Energy Policy

What’s the matter with Wisconsin?

The Texas statehouse and clean energy.
Heatmap Illustration/Getty Images

The most important states to watch for the future of renewable energy policy sit at the nexus of the data center backlash.

Over the last week, I’ve pored over what I believe to be the top five most important spaces to watch for all things utility-scale solar, battery storage and transmission development: Texas, California, Arizona, Alabama and Wisconsin. I selected these five states because they either have some of the largest generation capacity (Texas, California, Arizona) or crucial statewide elections that could decide not only the future of renewable energy in the state but elsewhere across the country (Alabama, Wisconsin).

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