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
AM Briefing

Trump Pumped on Hydro

On Exxon’s Venezuela flipflop, SpaceX’s fears, and a nuclear deal spree

The Hoover Dam.
Heatmap Illustration/Getty Images

Current conditions: U.S. government forecasters project just one to three major storms in the Atlantic this hurricane season • The Meade Lake Complex, a wildfire that scorched 92,000 acres in southwest Kansas, is now largely contained • Temperatures in Vientiane, the sprawling capital of Laos, are nearing 100 degrees Fahrenheit amid a week of lightning storms.


THE TOP FIVE

1. The Trump administration is upgrading the Hoover Dam

A years-long megadrought. Reduced snowpack in the northern mountains. Rising water demand from southwestern farms and cities whose groundwater is depleting. It is no wonder the water levels in Lake Mead are getting low. Now the Trump administration is giving the Hoover Dam money for a makeover to make do in the increasingly parched new normal. The Great Depression-era megaproject in the Colorado River’s Black Canyon boasts the largest reservoir capacity among hydroelectric dams. But the facility’s actual output of electricity — already outpaced by six other dams in the U.S. — is set to plunge to a new low if drought-parched Lake Meade’s elevation drops below 1,035 feet, the level at which bubbles start to form damage the turbines. At that point, the dam’s output could drop from its lowest standard generating capacity of 1,302 megawatts to a meager 382 megawatts. Last night, federal data showed the water level perilously close to that boundary, at 1,052 feet. The Bureau of Reclamation’s $52 million injection will pay for the replacement of as many as three older turbines with new, so-called wide-head turbines, which are designed to operate efficiently at levels below 1,035 feet. Once installed, the agency expects to restore at least 160 megawatts of hydropower capacity. “This action ensures Hoover Dam remains a cornerstone of American energy production for decades to come,” Andrea Travnicek, the Interior Department’s assistant secretary for water and science, said in a statement.

Keep reading...Show less
Blue
Energy

The Places Where Americans Are Deciding Between AC and Food

With both temperatures and electricity prices rising, many who are using less energy are still paying more, according to data from the Electricity Price Hub.

An air conditioner and a dollar bill.
Heatmap Illustration/Getty Images

In 135 years of record-keeping, Tampa, Florida, has never been hotter than it was last July.

Though often humid, the city on the bay is typically breezy, even in summer. But on July 27, it broke 100 degrees Fahrenheit on the thermometer for the first time ever; two days later, it hit its highest-ever heat index, 119 degrees. The family of Hezekiah Walters, the 14-year-old who died of heat stroke during football practice in Tampa in 2019, urged neighbors at a local CPR certification event to take the heat warnings seriously. Local HVAC companies complained about the volume of calls. Area hospitals struggled to keep their rooms and clinics comfortable. Experts later said the record temperatures were made five times more likely by climate change.

Keep reading...Show less
Yellow
Podcast

How Los Angeles Cleaned Up the World’s Air Pollution

Rob talks with UCLA law professor Ann Carlson about her fascinating new book, Smog and Sunshine.

Los Angeles Air Pollution Control.
Heatmap Illustration/Getty Images

We live in a time of unheralded environmental victories. Dolphins and whales swim in New York and San Francisco harbors. Lead has been eliminated globally in gasoline for cars and trucks. And Southern California has cleaned up its air.

That last one is more important than you might think. On today’s episode of Shift Key, Rob is joined by Ann Carlson, a professor of environmental law at UCLA and the former acting head of the National Highway Traffic Safety Administration. She's also the author of a new book, Smog and Sunshine: The Surprising Story of How Los Angeles Cleaned Up Its Air, which was released last month by the University of California Press.

Keep reading...Show less