Senate GOP Calls on EPA to Withdraw Tough Power Plant Emissions Rule

Environmental Protection Agency Administrator Michael Regan testifies before the Senate Appropriations Committee in the Dirksen Senate Office Building on Capitol Hill, in Washington, on April 20, 2021. (Chip Somodevilla/Getty Images)

Thirty-nine Republican senators have sent a letter to Environmental Protection Agency (EPA) Administrator Michael S. Regan, urging the withdrawal of the proposed power plant rule, citing concerns the agency has overreached its allowed power.

The senators asserted in their letter that the EPA has misinterpreted its authority under the “Clean Power Plan 2.0.” and has not followed the required process under the Administrative Procedure Act. They also express concerns about the plan’s requirement for generation shifting and the use of carbon capture and sequestration (CCS) technology.

“This proposal flagrantly runs counter to the Supreme Court’s decision in West Virginia v. EPA,” the letter (pdf) states. “There are fundamental flaws within the proposal, including sweeping claims about the future availability of the proposed emissions control technologies that are considered the best systems of emission reduction.

“We have serious concerns about our electric reliability if the proposed rule is finalized, resulting in shutdowns of the affordable, reliable baseload electricity powering our nation.”

The letter accuses the EPA of overstepping the legal authority granted to it by Congress under the Clean Air Act. According to the senators, the proposed rule goes beyond the scope of Section 111 of the Act, which addresses emission standards for existing sources. They cite the Supreme Court’s decision in West Virginia v. EPA, which emphasized that Congress must provide a clear statement of authority for regulating a fundamental sector of the economy.

The senators point out that the proposed plan mandates the installation and operation of CCS technology at coal plants, with a requirement to achieve a 90-percent carbon dioxide capture rate by 2030. However, they argue that CCS technology is still in its emergent stage and has not been adequately demonstrated.

“By requiring the best system of emission reduction for coal plants to install and operate CCS technology at a 90-percent carbon dioxide capture rate by 2030, the EPA is effectively requiring these plants to shut down,” the letter stated.

The lawmakers also asserted that the Biden administration was making a “clearly political move meant to accelerate the retirement of coal plants” by “arbitrarily” changing requirements for coal plants to “capture carbon dioxide even more quickly than what was originally proposed by the Agency,” which is a more aggressive plan than what was originally proposed by the EPA.

Feasibility of EPA Plan

Additionally, the letter questions the feasibility of the proposed use of “clean hydrogen” for natural gas plants. The definition of “clean hydrogen” proposed by the EPA is tied to a tax credit under the Internal Revenue Code, which Congress has not authorized for use in environmental regulation. The senators argue that relying on this specific definition of clean hydrogen is not adequately demonstrated.

The letter also raises concerns about the EPA’s underlying model for the proposed plan, the Integrated Planning Model (IPM). The senators believe that the model’s assumptions do not align with reality and lack transparency. They assert that the EPA’s use of the model underplays the overall costs of the proposed rule and does not consider new electricity load needs, which may arise due to other regulations that the Agency is currently promulgating.

The senators demand that the EPA withdraw the “Clean Power Plan 2.0” proposal, citing legal concerns and technological feasibility. They emphasize that the proposal could have serious implications for the nation’s power sector, energy reliability, and affordability.

“In direct conflict with West Virginia v. EPA, this proposal requires generation shifting from fossil-fuel power to other types of energy,” the letter stated. “While the Agency falsely claims this does not run afoul of the Supreme Court’s decision, it is undeniable the proposal would require generation shifting that the Court has definitively found Congress has never granted EPA the authority to require under the Clean Air Act.”

EPA Response

Sen. Mitch McConnell took to social media to voice his concern, saying “The Biden Admin’s EPA has exceeded its legal authority under the Clean Air Act and gambled reliable American energy in pursuit of radical climate policy.”

The Senate Majority Leader went on to say that “Senate Republicans are urging @EPAMichaelRegan to recall the Clean Power Grab 2.0.”

An EPA spokesperson told The Epoch Times, in response to the letter, that “The proposed rule is consistent with EPA’s traditional approach to establishing pollution standards under the Clean Air Act, requiring reductions in carbon pollution based on proven and cost-effective control technologies that can be applied directly to power plants.

“The proposed limits and guidelines also provide power plants with ample lead time and substantial compliance flexibilities, allowing power companies and grid operators to make sound long-term planning and investment decisions and supporting the power sector’s ability to continue delivering reliable and affordable electricity.”

The EPA spokesperson went on to say, “The Agency looks forward to reviewing comments and constructively engaging with stakeholders as we work to finalize the proposed standards.”