EPA To Require Coal And New Gas Power Plants To Cut Emissions

The power plant rules align with changes that have been happening in the sector in the past decade. Electric utilities have moved sharply away from coal, largely switching to natural gas.

The U.S. Environmental Protection Agency on Thursday rolled out its final rules to cut emissions from existing coal-fired and new gas power plants.

Those plants will have to ultimately cut their carbon dioxide emissions by 90 percent or shut down.

The new rules include updated limits on mercury and other toxic pollutants from plants that burn coal. They also include changes to how power plants dispose of the wastewater that results from treating coal emissions to remove toxic pollutants.

Finally, the rules require the cleanup of coal ash disposal sites that were closed prior to 2015.

“By developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans,” said EPA Administrator Michael Regan.

The power plant rules align with changes that have been happening in the sector in the past decade. Electric utilities have moved sharply away from coal, largely switching to natural gas.

“This year, the United States is projected to build more new electric generation capacity than we have in two decades – and 96 percent of that will be clean,” said White House Climate Adviser Ali Zaidi.

Renewables such as wind and solar account for an increasing percentage of power generation and have surpassed coal.

Still, fossil fuel producing states, and some industry groups, are expected to challenge the new rules. Some will argue that the rules will have a negative economic impact on power plant communities. Others will say the rules will make the power grid less reliable.

“We will be challenging this rule,” said West Virginia Attorney General Patrick Morrisey in a statement issued soon after the new rules were published. “The U.S. Supreme Court has placed significant limits on what the EPA can do—we plan on ensuring that those limits are upheld, and we expect that we will once again prevail in court against this out-of-control agency.”

Morrisey, who’s running in West Virginia’s Republican primary for governor, led a successful challenge of the Obama administration’s Clean Power Plan. The Supreme Court’s ruling in West Virginia v EPA two years ago constrained the EPA’s rulemaking process. Morrisey and others are likely to argue that the agency still overstepped its authority.

Others say the grid simply isn’t ready for a massive shift away from traditional baseload power to more intermittent sources of energy such as wind and solar.

“This barrage of new EPA rules ignores our nation’s ongoing electric reliability challenges and is the wrong approach at a critical time for our nation’s energy future,” said Jim Matheson, CEO of the National Rural Electric Cooperative Association.

Adding to the uncertainty, a change in administrations after this year’s election could result in a rollback of the new rules.

If the rules hold up, the EPA projects $370 billion in climate and public health benefits over the next two decades. The agency’s analysis predicts a reduction of 1.38 billion tons of CO2 through 2047, the equivalent of the annual emissions of 328 million gasoline powered cars.

The EPA is also gathering public input on a proposal to cut emissions from existing gas-fired power plants. Natural gas is currently the nation’s top source of electricity, and though it produces lower carbon emissions than coal, the production and transportation of gas emits methane, a more powerful heat-trapping gas than CO2.

The EPA’s principal solution for coal and gas plants to comply with the new rules is carbon capture and storage. But the technology has not been deployed successfully on a commercial scale, and power plant operators say that the rules will force fossil fuel plants to effectively shut down.

“It is obvious that the ultimate goal of these EPA regulations is to stop the use of fossil fuels to produce reliable energy in the United States by forcing the premature closure of coal plants and blocking new natural gas plants,” said U.S. Sen. Joe Manchin, D-West Virginia, chairman of the Senate Energy and Natural Resources Committee.

Another powerful foe of the EPA rules vowed Thursday that she’d introduce a bill to repeal them.

“To protect millions of Americans, including energy workers, against executive overreach that has already been tried and rejected by the Supreme Court,” said U.S. Sen. Shelley Moore Capito, R-West Virginia, “I will be introducing a Congressional Review Act resolution of disapproval to overturn the EPA’s job-killing regulations announced today.”

Capito is the senior Republican on the Senate Environment and Public Works Committee, which oversees the EPA and confirms its administrator.

EPA Proposes Settlement In Guyandotte Watershed Pollution Lawsuit

The EPA’s proposed consent decree would settle a lawsuit filed this month by environmental groups in the U.S. District Court for the Southern District of West Virginia.

The U.S Environmental Protection Agency has proposed a settlement to a federal lawsuit over water pollution from coal mining.

The EPA’s proposed consent decree would settle a lawsuit filed this month by environmental groups in the U.S. District Court for the Southern District of West Virginia.

It establishes total daily maximum loads for ionic toxicity in the lower Guyandotte watershed.

Ionic toxicity, dissolved mineral salts that result from surface mining, can impair aquatic life.

The West Virginia Rivers Coalition, the West Virginia Highlands Conservancy and the Sierra club filed the lawsuit on March 18. It named Adam Ortiz, the EPA Region 3 Administrator, as a defendant.

The proposed settlement was published in the Federal Register on Friday. The public has until April 29 to submit comments.

Counties Lose Green School Bus Funding From EPA

Three West Virginia counties lost federal funding to purchase electric school buses after the Environmental Protection Agency (EPA) rescinded award funding last month. 

Three West Virginia counties lost federal funding to purchase electric school buses after the Environmental Protection Agency (EPA) rescinded award funding last month. 

Mineral, Monongalia and Harrison counties were on track to purchase zero or low-emission school buses. Citing errors in their identification of rural areas in mountainous regions, the EPA rescinded those awards. Cabell, Clay, Calhoun, Kanawha, Grant and Lewis counties will still receive the funds.

U.S. Sen. Joe Manchin, D-W.Va., is advocating for more accurate categorization of West Virginia communities. He sent a letter to Peggy Carr, commissioner of the the National Center for Education Statistics (NCES), Tuesday urging her to consider ruggedness scales that impact travel of students to and from school in NCES’s measurements. The center within the U.S. Department of Education is responsible for collecting and analyzing education data that help determine how federal resources for education activities are allocated. This includes classifying public school districts into four categories: rural, town, suburban and city.

The letter argues current methodology leads to much of Appalachia being miscategorized as “urban.”

“Your current rural measurement relies on mileage in sparsely settled and remote areas, however it does not account for sparsely populated mountain regions, and commuting times for difficult terrain are not adequately reflected,” Manchin wrote. 

“11.7 percent of the United States population lives in a rugged area, with 1.4 percent living in a highly rugged area. For comparison, West Virginia has the largest share of residents living in a rugged area, with 80.7 percent of the population living in a rugged area and 15 percent in a highly rugged area. While ruggedness alone cannot dictate rurality, we feel that it is an important consideration when determining what is rural and what is not.”

PFAS Concerns Loom Over Chemours Permit For Washington Works

Chemours applied in January for a permit to discharge treated wastewater from its Washington Works plant in Wood County.

The West Virginia Department of Environmental Protection is accepting public comment on a permit one group says would allow the discharge of PFAS into the Ohio River. 

Chemours applied in January for a permit to discharge treated wastewater from its Washington Works plant in Wood County.

The West Virginia Rivers Coalition says this would result in the release of PFAS, or forever chemicals, into the Ohio River.

The DEP held a virtual public comment hearing on the permit on March 4. The comment period closes next week, on March 14.

In December, Chemours agreed to sample and test soil, surface water, groundwater and waste streams around the Washington Works plant for the presence of PFAS.

The plant has been in operation since 1951, and according to the U.S. Environmental Protection Agency has manufactured products containing PFAS and has released PFAS in its operations.

According to Chris Hickey, a regional communications manager for Chemours, Washington Works is the only U.S. facility that manufactures Teflon PFA, a type of PFAS.

Teflon PFA is in high demand to make semiconductors, Hickey said, because of the federal CHIPS Act, passed by Congress and signed by President Joe Biden.

“To construct and operationalize additional PFA supply capacity, and with strong support throughout our value chain, we applied for a permit modification through the WV Department of Environmental Protection,” Hickey said. “We worked cooperatively with WV DEP through its process, which included agency evaluation of the permit application and engagement with regional EPA officials.”

In addition, Hickey said, the Washington Works makes materials used in electric vehicles and charging stations, also in high demand because of the national effort to electrify transportation.

“The world depends on our products, and we are committed to manufacturing these essential chemistries responsibly,” he said.

Lawsuit Over New Air Quality Regulations Filed

Attorneys general from West Virginia and Kentucky filed a lawsuit against the EPA over new air quality standards. They allege the standards burden manufacturing and infrastructure projects.

Attorneys general from West Virginia and Kentucky have sued the U.S. Environmental Protection Agency (EPA) over a recent policy that raised air quality standards nationally.

Filed Wednesday, the lawsuit claims that adjusting to the new standard would financially burden manufacturing and infrastructure projects. EPA officials have said the new policy reduces major public health risks.

Controversy grew in February after the EPA lowered the maximum concentration for particulate matter in the air by 25 percent, requiring companies to reduce their levels of air pollution.

Particulate matter refers to particles invisible to the naked eye, like some forms of soot and smoke. When inhaled, these particles can cause eye, nose and throat irritation, blood abnormalities and even lung damage.

The EPA has stated that raising air quality standards will reduce these health risks and the costs associated with them.

EPA officials have already stated that all 55 counties in West Virginia already meet the new air quality standards. Some regions with major industrial activity, like parts of Pennsylvania and Ohio, might not.

But in a press release Wednesday, Morrisey said the new measure marks an EPA attempt “to advance [President Joe] Biden’s radical climate agenda.”

The new rule is being enforced by the Securities and Exchange Commission (SEC), a federal agency tasked with monitoring financial markets and watching for financial fraud. Companies are now being asked to estimate their potential greenhouse gasses to the SEC.

“How is the company supposed to know if greenhouse gas emission will affect its finances?” he said. “How many trucks are going to be too many? How much coal to use versus natural gas or other forms of energy?”

The lawsuit was filed on behalf of 24 states in the D.C. Circuit of the U.S. Court of Appeals.

Wednesday’s lawsuit also listed EPA Administrator Michael Regan as a defendant. Beyond the lawsuit, EPA intervention in state air pollution standards stands on shaky ground.

Last month, members of the U.S. Supreme Court heard arguments against another EPA policy from representatives of several different states, including West Virginia.

Some have said that the justices are poised to overturn that policy, which cracks down on the emission of air pollution across state lines. This could mark the third Supreme Court case lost by the EPA recently.

EPA Rule On Carbon Emissions Won’t Apply To Existing Gas Plants

The rule, expected in April, would still apply to existing coal and new gas plants. The agency will pursue a separate rule for existing gas plants after the November election.

The U.S. Environmental Protection Agency (EPA) has scaled back its proposal to limit carbon dioxide emissions from power plants.

The EPA said Thursday that existing gas-fired power plants would be exempt from its pending rule limiting greenhouse gas emissions.

The rule, expected in April, would still apply to existing coal and new gas plants. The agency will pursue a separate rule for existing gas plants after the November election.

“As EPA works towards final standards to cut climate pollution from existing coal and new gas-fired power plants later this spring, the agency is taking a new, comprehensive approach to cover the entire fleet of natural gas-fired turbines,” EPA Administrator Michael Regan said in a statement.

The change won’t have much effect in West Virginia. The state relies on coal for 89 percent of its electricity, and only 4 percent comes from gas.

Neighboring states – particularly Ohio, Pennsylvania and Virginia – receive more than 50 percent of their electricity from gas.

“This is a welcome step that will protect Ohio jobs and help keep electricity costs from rising for Ohio families,” said U.S. Sen. Sherrod Brown, D-Ohio. “I encourage the administration to keep working with stakeholders – including labor and manufacturers – as they finalize this rule and work to build a clean energy future.”

Coal plants will still be required to capture 90 percent of their carbon emissions, transition to gas or hydrogen, or shut down.

U.S. Rep. Carol Miller, R-West Virginia, wants the EPA to scrap the rule entirely.

“This new guidance from the EPA is nothing more than a thinly veiled attempt to destroy the coal industry,” she said. “The EPA continues to create uncertainty with flawed rule making, resulting in unstable markets and higher energy costs for all Americans.”

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