Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Politics

What the EPA Can’t Say About Its New Power Plant Rules

Thanks to the Supreme Court, it is a very difficult proposal to talk about.

A smokestack and scales.
Heatmap Illustration/Getty Images

The Environmental Protection Agency just shoved power plants towards the renewable energy transition. But don’t expect supporters to crow about it.

On Thursday, the EPA took the long-awaited step of proposing greenhouse gas limits for new and existing power plants. If finalized and implemented, the rules would vastly reduce carbon pollution from the power sector by 2040 and mark the first time ever that the nation’s electricity system is subject to federal climate restrictions.

But first the rules must survive the sharply conservative Supreme Court, which has blocked previous attempts at regulating power-plant pollution. And so environmentalists and Biden officials will be forced to walk a rhetorical and legal tightrope: In order to keep the all-important rules alive, they will have to describe them as not very significant at all. And even though the rules will likely increase renewables’ share of U.S. power generation, few green groups will brag about it.

Why? Because they are dancing around a major Supreme Court ruling, West Virginia v. EPA, that came out last year.

In the case, the Court struck down the Clean Power Plan, President Barack Obama’s 2015 attempt at regulating climate pollution from power plants. Obama’s plan treated each state’s power plants as a single system, then let each state choose how to cut carbon pollution from that system. States could shut down plants or create a carbon-trading scheme. They could even link multiple carbon markets together to establish a de facto national cap-and-trade market.

That went too far beyond the EPA’s authority under the Clean Air Act, the Court ruled. Although the Court said that the agency could, in theory, issue rules to cut greenhouse gases from the electricity sector, those rules had to keep “within the fenceline” of each power plant.

The EPA could no longer get fancy when it wanted to regulate climate pollution. It could only use blunter, command-and-control technological mandates to reduce carbon pollution from each type of power plant, the Court said. And any technologies that it required had to be both “cost-reasonable” and “adequately demonstrated,” that is, affordable and feasible to install at scale.

The EPA’s new proposal tries to hew within those guidelines. The agency has determined that the best available technology to reduce emissions directly from fossil-fuel-burning power plants is to install carbon-capture equipment. Carbon-capture-and-storage technology, or CCS, is now affordable and feasible, the agency asserts.

“There’s a 100% chance that this will be challenged in court,” Michael Gerrard, a Columbia Law professor and the director of the Sabin Center for Climate Change Law, told us. “The debate will largely be about if CCS is ‘adequately demonstrated.’”

At stake, too, is the question of whether the rules represent a Trojan horse — that although the proposal appears to comply with the Court’s guidelines, the expense and hassle of installing carbon-capture equipment is meant to force utilities to shift to renewables anyway.

That could in fact be the rules’ practical effect. (Some environmentalists will admit — although not on the record — that they like the rules for this reason.) States and utilities can achieve the new standards any way they want, and in many cases they will find that shutting down a power plant and replacing it with wind, solar, and batteries is cheaper than installing new carbon scrubbers. Even with the Inflation Reduction Act’s new subsidies, carbon capture could prove to be more expensive or complicated than other options. CCS requires a network of pipelines and wells to inject carbon underground; wind, solar, and batteries mostly require open land.

Power plant regulations by the EPA could add 17 to 170 gigawatts of solar and wind to the grid by 2035, compared to the growth that is expected from the Inflation Reduction Act alone, according to Ben King, an analyst at the Rhodium Group, an energy-research firm.

At the absolute high end, renewables would command 5% more market share in the United States than they would otherwise, he said. (These estimates were based on an analysis of a similar, though not identical, version of the EPA’s proposal.)

Any legal challenges will leave the EPA’s lawyers in a difficult position. The agency must show that carbon capture is viable and not cost-prohibitive; and make it clear that the regulations are flexible for states and utilities, giving them a number of ways to meet the standard; and downplay the fact that in many cases the cheapest way to comply will in fact be to transition to renewables and batteries.

The industry, ever-desperate to evade regulations, has already begun to insinuate that carbon capture technology is not yet commercially available — a shift in tone from its typical enthusiasm for the technology — and therefore cannot be the basis for any standard. As we previously reported, Southern Company, a utility that has championed CCS, told EPA that the technology was “many years away” from becoming a reality.

“The irony here is that for many years, the industry talked about clean coal, and clean coal meant coal with CCS. And they were claiming that it worked, that it was available. And now they’ve switched. They say that now, years later, after a lot of technological development and billions of dollars of research, it’s not available,” Gerrard told us.

Supporters argue that the EPA’s new regulations are backed by precedent. The agency has long mandated that coal plants install technology that “scrubs” sulfur-dioxide emissions out of their exhaust streams, Eric Gimon, a senior fellow at the think tank Energy Innovation, told us.

As those rules have started to bite, some companies found that it was cheaper simply to shut coal plants down than install the scrubbers. Two years ago, a power company called Amaren determined it made more sense to shut down its Rush Island coal plant in Missouri 15 years earlier than planned rather than pay for upgrades to comply with the standard.

“Was it illegal for the EPA to build a standard that way? No, it’s perfectly reasonable,” Gimon said. “It’s like, ‘We put in a standard. We know you can comply with this standard at a cost. It's not astronomical, but if you think you can do better by retiring the unit and doing something else, knock yourself out.’ That's how it’s worked.”

Whether the EPA’s rules are upheld or not, the long-term future of the most carbon-intensive power plants on the grid — coal plants — is not in doubt.

“The grid is undergoing its own transformation of increasing renewables and decreasing fossil fuels,” Jay Duffy, litigation director at Clean Air Task Force, told us. In March, the Energy Information Administration projected that coal-fired generation would drop to about 50% of its current levels within eight years.

“No regulation,” he said, “is going to change that transition.”

Blue

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Politics

Trump’s Missing Tax Rules

The president set an August deadline to deliver guidance for companies trying to qualifying for clean energy tax credits. Four months later — and two weeks before new rules are set to kick in — they’re still waiting.

A man in a maze.
Heatmap Illustration/Getty Images

The One Big Beautiful Bill Act included a morass of new rules for companies trying to claim clean energy tax credits. Some of the most restrictive go into effect January 1 — in other words, in about two weeks. And yet the Trump administration has yet to publish guidance clarifying what companies will need to do to comply, leaving them largely in the dark about how future projects will ultimately pencil out.

At a high level, the rules constrain supply chain options for clean energy developers and manufacturers. Any wind, solar, battery, geothermal, nuclear, or other type of clean generation project that starts construction in the new year — as well as any factory that produces parts for these industries in the new year — and wants to claim the tax credits will have to purge their products and facilities of components sourced from “foreign entities of concern.”

Keep reading...Show less
Green
AM Briefing

China’s Rising Sun

On vulnerable batteries, Canada’s about face, and France’s double down

A tokamak.
Heatmap Illustration/Getty Images

Current conditions: New York City is digging out from upward of six inches of snow • Storm Emilia is deluging Spain with as much as 10 inches of rain • South Africa and Southern Australia are both at high risk of wildfires.


THE TOP FIVE

1. China is outspending the U.S. on fusion energy

Last month, I told you about China’s latest attempt at fusion diplomacy, uniting more than 10 countries including France and the United Kingdom in an alliance to work together on the holy grail energy source. Over the weekend, The New York Times published a sweeping feature on China’s domestic fusion efforts, highlighting just how much Beijing is outspending the West on making the technology long mocked as “the energy source of tomorrow that always will be” a reality today. China went from spending nothing on fusion energy in 2021 to making investments this year that outmatch the rest of the world’s efforts combined. Consider this point of comparison: The Chinese government and private investors poured $2.1 billion into a new state-owned fusion company just the summer. That investment alone, the Times noted, is two and half times the U.S. Department of Energy’s annual fusion budget.

Keep reading...Show less
Yellow
Climate

The Climate Story Is the China Story Now

The seminal global climate agreement changed the world, just not in the way we thought it would.

Xi Jinping and climate delegates.
Heatmap Illustration/Getty Images, Library of Congress

Ten years ago today, the world’s countries adopted the Paris Agreement, the first global treaty to combat climate change. For the first time ever, and after decades of failure, the world’s countries agreed to a single international climate treaty — one that applied to developed and developing countries alike.

Since then, international climate diplomacy has played out on what is, more or less, the Paris Agreement’s calendar. The quasi-quinquennial rhythm of countries setting goals, reviewing them, and then making new ones has held since 2015. A global pandemic has killed millions of people; Russia has invaded Ukraine; coups and revolutions have begun and ended — and the United States has joined and left and rejoined the treaty, then left again — yet its basic framework has remained.

Keep reading...Show less