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Carbon capture might be EPA’s strongest tool to cut emissions from power plants. That could scramble battle lines.
Carbon capture, one of the most controversial climate solutions, could soon become a centerpiece of U.S. climate policy.
The Environmental Protection Agency is expected to finally unveil its proposal to cut emissions from power plants next week. In the lead up to the announcement, The New York Times reported that the agency is planning to set greenhouse gas emission limits for new and existing power plants based on the reductions that could be achieved by installing equipment to catch emissions from plant smokestacks before they enter the atmosphere.
The funny thing is, whether you see promise in carbon capture or deem it a boondoggle, this is probably the most aggressive approach the EPA can take for power plants. It could even speed up the transition to renewable energy. And for that reason, it’s going to put both proponents and critics of the technology in a weird position, scrambling the usual battle lines on the subject.
Due to the Supreme Court’s ruling in last year’s West Virginia vs. EPA case, the agency’s legal avenues for reducing emissions from the power sector are limited. It can’t force utilities to shut down their fossil fuel power plants and switch to renewables. Instead, it must stick to reductions that can be achieved “within the fenceline” of a power plant.
That leaves a few options. The agency could base its rule on improvements to power plant efficiency. It could look to the potential for coal plants to co-fire with gas or for gas plants to burn hydrogen. But neither would reduce emissions as much as a rule based on carbon capture, Lissa Lynch, a senior attorney at the Natural Resources Defense Council told me in an email. And the Inflation Reduction Act, which contained huge tax credits for carbon capture, makes it possible for the agency to argue that carbon capture is an economically feasible solution, as my colleague Robinson Meyer has reported.
Here’s the twist: That doesn’t mean that every plant would have to install carbon capture. States would have the authority to create their own implementation plans to comply with the standard, and a range of options for how to do it. They might choose to shut down some power plants and replace them with renewables, or operate plants less frequently. But since renewables are so cheap, shifting to solar, wind, and batteries may be the more common response than investing in carbon capture.
The research firm Rhodium Group recently modeled the potential emission reductions from carbon capture-based power plant rule, taking into account new tax credits from the Inflation Reduction Act, and found that only about 20 gigawatts’ worth of coal and gas plants would end up installing carbon capture by 2035. By comparison, some 700 gigawatts of coal and gas plants operate today.
Over the past few years, under increased pressure from investors to show what they are doing about climate change, the oil and gas industry has ramped up its advocacy for carbon capture. Many fossil fuel producers and electric utilities now have net-zero plans that rely heavily on the technology. In 2021, ExxonMobil announced plans to work with 15 other companies to develop a $100 billion carbon capture hub in Houston. DTE, a Michigan utility that owns power plants in California, may have even engineered an entire dark money campaign to convince California regulators to make carbon capture part of the state’s climate plan.
In the American Petroleum Institute’s 2021 Climate Action Framework, the lobbying group said one of its goals was to “Fast-track the Commercial Deployment of Carbon Capture, Utilization and Storage,” and wrote that it “supports federal policies to achieve the ‘at-scale phase’ of CCUS commercial deployment.” (CCUS stands for carbon capture, utilization, and storage.)
On social media, API paints carbon capture as a present-day solution. “Advancements in carbon capture technology from the brightest minds in the energy industry are slashing emissions and creating a cleaner future,” it recently tweeted.
At the same time, large swaths of the environmental community have joined together to oppose the technology. In July 2021, more than 500 organizations signed on to a letter to U.S. leaders in Washington arguing that carbon capture is not a climate solution. “Simply put, technological carbon capture is a dangerous distraction,” the groups wrote. “We don’t need to fix fossil fuels, we need to ditch them.” Many, many environmental groups have published treatises on why carbon capture is unproven, too expensive, harms communities, and prolongs dependence on fossil fuels.
But as the new power plant regulations loom, proponents of carbon capture have started to temper their enthusiasm, citing some of those same concerns.
In comments submitted to the EPA in March, the American Petroleum Institute’s vice president of natural gas markets, Dustin Meyer, only mentions the technology as an afterthought, underscoring that it isn’t viable yet. After a long section highlighting the benefits of switching from coal to natural gas for power generation, he writes, “In the future ... new technologies like CCUS can offer additional opportunities to reduce emissions.” The American Petroleum Institute declined to comment for this story.
Southern Company, which owns gas and electric utilities across six states, submitted extensive comments to the EPA arguing that carbon capture was “many years away.” The company manages and operates the National Carbon Capture Center, where it conducts research on the technology. Its climate plan suggests that some 21% of its electricity generation will come from natural gas plants with carbon capture by 2050. And it’s in the process of conducting an engineering study to install the technology on one of its natural gas plants in Alabama.
But carbon capture isn’t ready for commercial deployment, Southern writes, using an example that’s often cited by critics of the technology — Petra Nova. Petra Nova is a carbon capture project at a coal-fired power plant in Texas that was mothballed in 2020 when it lost buyers for the captured carbon. While it operated, it experienced frequent outages and failed to capture the amount of carbon it was designed to. Its failure, Southern writes, illustrates that more research is needed to reduce the cost of carbon capture and improve reliability and performance, “which are critical when facilities are required to meet regulatory emission limits.”
Meanwhile, some of the loudest proponents of carbon capture in the upcoming EPA regulations have been environmental groups like the Natural Resources Defense Council, Evergreen Action, and the Clean Air Task Force. This isn’t exactly surprising. These groups, in particular, have historically been supportive of carbon capture technology.
“Industry has been touting the promise of carbon capture and storage for decades,” Lynch of the Natural Resources Defense Council told me. “It hasn’t been widely deployed on power plants because there currently aren’t any federal restrictions on the amount of carbon pollution that power plants can emit.”
Jay Duffy, litigation director at Clean Air Task Force, said the industry’s claims are unfounded. He cited studies by the Department of Energy’s National Energy Technology Laboratory which show that carbon capture is economical, when considering the new tax credits in the Inflation Reduction Act. There are already 13 vendors offering the technology for gas-fired power plants, he said.
Moving forward, some of carbon capture’s biggest critics might find that they need to support a carbon capture-based standard. The Center for Biological Diversity submitted comments to the EPA criticizing the technology, but did not suggest an alternative basis for the rule. When I asked Jason Rylander, legal director for the organization’s Climate Law Institute, whether they would support a standard based on carbon capture, he didn’t say no.
“The big problem is that the existing fossil fuel fleet is essentially uncontrolled for climate pollution in the middle of a climate crisis,” he told me. “That has to stop.”
Rylander couldn’t say where his organization would come down on the rule without seeing it, but he said that if it was based on carbon capture, there would have to be “extremely strong guardrails to ensure the safety and performance of the equipment.” But he also acknowledged that the EPA’s increasingly tough regulatory environment for power plants, along with tax incentives for clean energy in the Inflation Reduction Act, could mean that very little carbon capture would ultimately get built.
“It may very well be that the majority of plants meet these standards by other means.”
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The data center boom is everywhere you look in U.S. economic and emissions data.
This is an edition of Heatmap Daily, an evening review of the day’s news written by our executive editor. Sign up for it here.
It isn’t exactly a new thought, but I’ve been struck recently by how many trends in America’s economic and environmental data are fundamentally about the data center boom and the return of electricity demand:
First, the Energy Information Administration reported this week that U.S. emissions grew by more than 2% last year, driven by surging electricity demand and an increase in coal-fired generation. What caused that higher power demand? New factories and data centers — as well as record summertime cooling demand.
Second, many of the new factories driving that higher power demand are themselves producing goods that are … let’s say … data center-adjacent. There are the enormous new semiconductor fabs, of course. But Ford and General Motors have also set up new production lines (or repurposed old ones) to manufacture grid-scale batteries to meet power demand.
Third, take a look at the recent U.S. spending on private non-residential construction — in other words, everything American companies are building that is not houses, condos, or apartments.
The construction industry’s spent almost $60 billion on data centers over the past year, which is more than it spent on all other office buildings combined (and more than it spent building warehouses, too). Just a handful of categories — data centers, power plants, electricity infrastructure, and certain kinds of electronics manufacturing — now make up a third of all U.S. private non-residential construction investment. They’ve never made up such a large share of construction spending since data collection began in 2014.
As The New York Times recently noted, the American economy is unusually dependent on the American stock market right now — and the stock market is unusually dependent on artificial intelligence. This week, investors started to balk at the enormous spending hyperscalers are planning to keep building out the AI boom; Alphabet’s shares dropped 8% this week after it boosted its planned 2026 capital expenditure and signaled 2027 will be even bigger. If the data center boom started to slow down in earnest, then more than just that budget will change.
Speaking of which, my colleague Emily Pontecorvo wrote earlier this week about how many businesses are struggling to even estimate their carbon emissions from artificial intelligence. The carbon accounting startup Watershed recently unveiled a new formula to help companies get a sense of their AI-related emissions.
But even that formula is still limited by the amount of data hyperscalers publish — and they don’t publish that much. Google, for instance, is the only AI company that has (laudably) provided estimates of its emissions on a per-prompt basis. Yet no company has published its per-token emissions, or how emissions sync up with particular models or regions.
So Emily asked Google: Why aren’t you — or any other model provider — disclosing this kind of data yet?
The tech company didn’t get back to us until after we’d published Emily’s story. But its response was interesting enough that I wanted to quote some of it here.
The problem is “industry consensus,” Cooper Elsworth, a Google spokesperson, told us. “There is currently very little consensus on how to comprehensively and fairly measure the serving environmental impact of generative AI (such as text generation),” he wrote. “Without standardized, ‘apples-to-apples’ frameworks, it is difficult to compare different providers accurately.”
That’s partly because energy use — and emissions data — can vary from site to site and depend on “custom-built hardware, software compilers, and advanced inference techniques.” And he claimed Google doesn’t always have the measurement hardware in place to provide such specific estimates: “Providing precise, repeatable data requires highly advanced measurement infrastructure,” he said. “For example, software-based energy monitoring tools often suffer from sampling biases. For our study, we had to step away from top-down averages and directly measure actual energy at the physical power supply unit (PSU) level across our deployed fleet. Not all providers have the telemetry or data sets required to benchmark their operations at this level of granularity.”
Read Emily’s story to understand the other reasons why estimating — or even “guesstimating” — AI-related carbon emissions is so challenging.
A conversation with Emma Uridge of the Kansas Health Institute.
This week’s conversation is with Emma Uridge, analyst with the Kansas Health Institute. Uridge spent copious hours analyzing state and local laws on data center development to best understand how policymakers are responding to the potential environmental public health impacts of large AI infrastructure, including power and water. The report, which came out this week, also goes in depth into those health impacts. I reached out to her to discuss what she sees as must-watch territory for our readers on this emerging policy arena.
Our conversation was lightly edited for clarity.
What is actually being done on policy when it comes to data centers — beyond moratoria of course?
So first I’d like to just talk about the point of moratoria. It’s helpful to talk about how these policies emerge in the first place. One area where moratoria are helpful is when a data center is proposed but the county has no approach for how they’d like to potentially regulate them. That’s temporary, most of the time. It lets local governments conduct research on the various impacts and also negotiate community benefits, ones that can mitigate any potential negative impacts — like Lancaster Pennsylvania, which instituted a community benefit agreement that maximized the potential benefits of development while mitigating what large data centers can do. That agreement looked at capping municipal water use at 20,000 gallons per day and requiring 100% clean energy. It had financial penalties for non-compliance. The company also committed $20 million to their local economic development and clean energy fund. There are ways to negotiate with developers.
We also see amendments to existing zoning. Data center proposals are increasingly popping up in rural areas, many of which are unzoned, so there’s no way a county can negotiate unless there’s a moratorium in place.
Other policy solutions include different performance standards or requiring on-site renewable energy, like what Jefferson County, Missouri, looked at. Also setback requirements, mandatory noise buffers, ending by-right zoning.
Where are local governments getting ideas for regulating data centers?
A lot of the technical information comes from developers. That can in cases be seen as a biased source of information. I wouldn’t say there’s a dedicated group providing assistance to local governments when a project is proposed — which is a similar story to wind industry development, where we have only a handful of consultants who provide technical advice. It can be really helpful to get a multi-disciplinary approach to hearing information. It can be helpful to have the utility commission, public health folks, those in academia, as well as the developer.
As of right now, especially in rural areas, local governments have a hard task of balancing pushback while getting the most accurate, evidence-based, neutral information to make decisions. That balance can be contentious.
What is the federal government doing on data center policy? How is the Trump administration approaching it?
A few things there. In the early days, the drive was for AI expansion and to be competitive with foreign adversaries. Now due to the amount of public pushback in red and blue localities and a more cautious approach.
I’m not seeing a lot of actual policy movement at this time.
I know the EPA is looking at the chemicals used in cooling data centers because when that water is cycled through the system, some of it is discharged into the water system, so they’re looking at the Toxic Substances and Control Act for monitoring that.
How much of an impact does this minimal federal role have on industry behavior?
Y’know, this isn’t specific to data centers. This is true for all kinds of large-scale development: there’s a need to require some sort of federal monitoring and regulation.
That’s where I see an emerging role for public health. At the federal level, there could be policy movement towards requiring some sort of environmental monitoring at data centers to make sure they’re operating responsibility. Looking at specific water use relative to water availability and what happens when there’s a time of severe, persistent drought. With air quality too — we’ve seen areas where the grid isn’t as reliable so their diesel generators are kicking on more and affecting air quality for residents.
We’re just not seeing all of that right now. We need corporate disclosure.
What do you see as the most important public health impacts from data center development?
It varies by localities. The most discussed obviously is water usage. One thing I’d note about my conversations with folks enthusiastic around emerging tech is, there are still questions that need to be asked about the capacity of localities to support a data center. Like a small town in Kansas may only be using 40% of their water for their utility needs. If a data center came online, how much of that water goes to the data center?
One area underexplored within the public health discipline is energy poverty and energy security. The ability of a household to meet the needs of everything energy provides in our lives. It’s known we have an aging electric grid but we’re not talking enough about large-scale blackouts when the grid is not sufficient to support some of these new data centers.
Plus more of the week’s big development fights.
1. Laramie County, Wyoming — Meta is fighting the fine it received in the Cheyenne data center water pollution controversy, and the conflict between the tech giant and the city’s small board of public utilities is continuing to spill out into the public.
2. Niagara County, New York — This county just rejected a solar project’s highway work permits in a show of retaliation against the state’s Office of Renewable Energy Siting.
3. Barron County, Wisconsin — The anti-solar protest is the new campaign stop in deep red Wisconsin.
4. Chesapeake, Virginia — A large battery storage project on the Virginia coastline is on the rocks amidst rampant local opposition.
5. Lewis County, West Virginia — West Virginia is now a key battleground in the fight over transmission, as a line spanning all of West Virginia and Maryland — and cutting through Data Center Alley in Virginia — causes compounding consternation.