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.

Gas Group’s Chief Talks About MVP, Carbon And Coal Competition

Curtis Tate spoke with Charlie Burd, president of the West Virginia Gas and Oil Association, about the state’s role in supplying the global market.

The United States exported a record volume of natural gas in 2023, according to the U.S. Energy Information Administration. Curtis Tate spoke with Charlie Burd, president of the West Virginia Gas and Oil Association, about the state’s role in supplying the global market.

This interview has been edited for length and clarity.

Tate: Who are the biggest natural gas players in West Virginia? Where does the gas go?

Burd: We have two of the largest natural gas producers in the country operating in West Virginia. Actually, EQT is the largest natural gas producer in the country. And Antero resources is the largest natural gas producer in West Virginia. And I believe I heard the number that about a third of our production here in the state, and we produce just less than 3 trillion cubic feet of natural gas. It was 2.8 in 2022. And I’ve heard during the legislative session, that number may top 3 trillion for 2023. I haven’t seen those numbers yet. Because the reports aren’t due until like April, mid-April, but about a third, I believe, of our production is transported east to be converted into liquefied natural gas to be shipped across the oceans to our allies.

Tate: Hydraulic fracturing, or fracking, was a game changer. When did production take off?

Burd: I think the first well was drilled in December of 2007, put into production in 2008. That was a Chesapeake well. We produced 256 (billion cubic feet) of natural gas. And now we’re producing round numbers that say 3 trillion cubic feet. So that’s where it started. And that’s where we are. And it has greatly increased from year to year. That 3 TCF, 96 percent of that comes from probably about 4,600 horizontal wells in 2022, 2.85 trillion cubic feet from 4,500 wells. And I think we’ve added about 100 wells. I won’t have the exact numbers for a couple of weeks. That’s where it all came from.

Tate: Where is the production concentrated?

Burd: If you were to look at a map of West Virginia, and look at I-79, which literally dissects the state almost straight up the middle of north and south. When you get to about Braxton County, and it all goes to the northwest. That’s where the wet play is. That’s where the more enriched natural gas with propane and ethane is, if you’re again using that as a kind of a guide, using 79 as a guide, anything to the east of 79 is pretty much in a dry play. It’s almost pipeline quality gas coming out of the ground there. 

Tate: What’s the difference between wet and dry gas?

Burd: Wet gas has the heavier hydrocarbons: propane, ethane, butane, isobutane. And what we call dry gas would be that gas stream that is just mostly methane. So in addition to methane, those other heavier hydrocarbons are what we delineate as a wet gas. And we produce somewhere in the neighborhood of 700,000 barrels of ethane and liquids a day in that northwestern tier of the state. And those products are extracted through two or three large processing facilities we have up in that also in that same general area. Those liquids are sent south and north, south into Louisiana and north into Canada to be further processed. Or put in a pipeline and shipped to where those liquids are used.

Tate: What does the Mountain Valley Pipeline mean for gas producers in West Virginia?

Burd: That pipe is what they call fully subscribed. Meaning that the end users that have already subscribed or purchased will be purchasing that gas in long term, fixed contracts for that natural gas. But it means a lot to us because it’s literally, probably one of the last major pipelines that may be built. And for West Virginia, unlike Texas, and other places that can move a lot of gas across their state and be intrastate, our situation is much different. We have to ship our gas out of state where there are markets. West Virginia is small in comparison to other markets. So our gas is moved through interstate pipelines out of the state.

Tate: Why is MVP one of the last major pipelines to be built?

Burd: I think you just look at the extraordinarily difficult process someone has to encounter to design and construct a pipeline in this country now, it’s almost impossible. The Atlantic Coast Pipeline, which was a Dominion project, another 2 BCF a day that would have gone to eastern markets and military use. That project got scrapped a couple years ago. Because, the cost overruns, and just the increased scrutiny of us to have a line crossing 200 feet under the Appalachian Trail. Not impacting the trail at all, but just because it, quote-unquote, “crossed underneath.” that there was a lot of outcry. 

Tate: Burning natural gas emits carbon dioxide and producing and transporting gas releases methane. Both are greenhouse gases. What is the industry doing to reduce those impacts?

Burd: Number one on our own, several years ago, the industry took upon itself to develop a program internally to reduce methane emissions. And here in the (Appalachian) basin, there’s lots of smaller conventional wells. And now in addition to the bigger Marcellus wells, we’ve reduced our carbon footprint here by something like 70 percent, over the last 10 years, just on initiatives, initiatives of our own, and then we get new legislation that says we have to do more. I mean, I think we’re still in the process of completing what we started on our own. Secondly, the methane that comes off of fugitive emissions that we would have when wells are put in, put into service, and methane doesn’t stay hovering over West Virginia, Pennsylvania and Washington, D.C. It goes way into the atmosphere. And there’s no question that if this administration is serious about reducing global emissions, no one produces natural gas more safely, or efficiently, or environmentally sound. And we do that we do right here in this country. No one has the exacting standards for environmental and safety as the United States does.

Tate: Ohio, Pennsylvania and Virginia have moved sharply away from coal and toward natural gas for electricity in the past 10 to 15 years. Why hasn’t West Virginia?

Burd: Well, it’s not because of lack of effort to develop natural gas fired electric generation. We have tried, and there have been numerous projects that have been placed upon the table. I think, Curtis, choosing my words with you carefully here, we have a state that has historically believed its reliance on energy and jobs came from the coal industry. But at the hands of the EPA and others, this constant demand to reduce emissions, and produce energy cleaner has transformed all those states you mentioned to producing electricity with natural gas. West Virginia’s a bit behind, but it’s not because we’re not trying. It’s just that we find ourselves in a better place. Literally, every day when it comes to being able to compete for those projects evenly with all the same playing field with Ohio, Pennsylvania. I mean, you’re right, Ohio and Pennsylvania collectively have maybe two dozen plants, two dozen natural gas fired electric generation plants. We literally have one down there in Huntington.

EPA Seeks To Cut Methane Emissions From Oil And Gas

It’s part of an effort to tackle one of the most problematic drivers of global warming.

CORRECTION: An earlier version of this story should have said companies can eliminate half their emissions with existing technology at no net cost.

The U.S. Environmental Protection Agency said over the weekend that it will curb methane emissions from oil and gas production.

The EPA seeks to cut methane emissions from oil and gas by 80 percent over the next 15 years.

It’s part of an effort to tackle one of the most problematic drivers of global warming. Methane is many times more potent a greenhouse gas than carbon dioxide, though CO2 lasts longer in the atmosphere.

The rules would subtract 58 million tons of methane emissions, equivalent to 1.5 billion metric tons of CO2, the EPA said.

John Rutecki, regulatory and legislative manager in Appalachia for the Environmental Defense Fund, says companies can eliminate half their emissions with existing technology at no net cost.

“This will stop wasted gas,” he said. “So by keeping more energy in the pipeline, you’re obviously ensuring that you’re bringing more gas to market.”

The EPA’s methane rule will begin to take effect next year. One oil producer, BP, welcomed the rule.

WVU Researchers Study Methane Leak Prevention

Researchers at West Virginia University are set to study how methane leaks from liquid storage tanks happen, and ways to potentially stop them in the future.

Researchers at West Virginia University are set to study how methane leaks from liquid storage tanks happen, and ways to potentially stop them in the future.

The team, based out of the WVU Center for Alternative Fuels, Engines and Emissions is working with research and development company Aerodyne Research to sample and monitor plumes from storage tanks.

The project is being supported by $5.5 million in funding from the U.S. Environmental Protection Agency. West Virginia is the fourth-largest producer of natural gas in the country.

“As we continue to build the natural gas infrastructure, well sites, pressure sites, all of these things that infrastructure grows, there are more of these tanks out there, and they’re going to be there for a while,” project leader and WVU aerospace and engineering professor Derek Johnson said. “It does have climate implications. But also from what we’ve seen is that there are other emissions associated with that methane coming from these tanks. And those can have impacts on local air quality.”

Research suggests methane emissions are more potent than carbon dioxide in the short-term when it comes to climate change.

Johnson and his team plan to create new software to predict and report methane leaks. They will use data collected at sites in the Marcellus shale formation in West Virginia, Ohio and Pennsylvania. The formation accounts for around 21 percent of all gross natural gas production in the country, according to the U.S. Energy Information Administration.

“A lot of just, unknowns or not so much data exists in this area,” Johnson said. “And some of the data that has been collected doesn’t paint a detailed picture. And some of the data is old.”
Last Thursday, WVU’s Energy Institute hosted a panel on methane leaks from the state’s oil and gas wells, and creating more state jobs that would help mitigate leaks statewide.

Expert Panel Discusses Methane Loss Reduction, Job Creation

West Virginia University’s Energy Institute hosted a panel Thursday evening about reducing the state’s methane emissions from abandoned wells and leaking distribution systems.

West Virginia University’s Energy Institute hosted a panel Thursday evening about reducing the state’s methane emissions from abandoned wells and leaking distribution systems.

Methane is a potent greenhouse gas that contributes to climate change, with research saying emissions into the atmosphere are more potent than carbon dioxide in the short term.

“If you’re leaking a couple of percent (of methane emissions), you’ve more than offset your carbon benefits,” Derek Johnson, panelist and associate professor of mechanical and aerospace engineering, said. “You really have to look at every step and try to minimize it every step. So, at the wellsite, at the pipeline, at the compressor stations, at the distribution to you know, local pipelines and even local meters that would go into a house.”

Panelists discussed methane leaks from oil and gas wells. The state’s Department of Environmental Protection tracks 55,000 active and 12,000 inactive such wells statewide and has identified more than 4,000 sites that have since been abandoned

Around half the state’s population lives near well sites, according to research journal Environmental Health Perspectives

Fellow panelist Morgan King, of the West Virginia Rivers Coalition, said leaks from abandoned sites could result in worsening health locally, as well as more local climate-related disasters.

“We’ll see more severe and frequent storms, we’ll see 100-year-flood events, which we’re already seeing more often. That should not be happening every year in just a single town,” King said.

Other advocates say mitigating leaks could also result in more jobs alongside West Virginia’s existing energy economy, which is the fourth-largest producer of marketed natural gas in the nation.

“West Virginians have been really good at exporting a lot of its natural resources,” Trina Wafle, assistant director of WVU’s Energy Institute, said. “And what I think we could be doing and should be doing more is inventing and taking advantage of our natural resources, again, to build our economy, diversify our economy, and attract more people.”

House Bill 3110 passed during the 2023 legislative session, and it increases funding for the Office of Oil and Gas. The increase could double the number of state inspectors to around 20. They would investigate and cap well leaks throughout the state, though at a rate of one inspector per thousands of wells.

The state also received federal funding last year to plug abandoned wells as the U.S. Environmental Protection Agency looks to strengthen its current methane emission rules.

Retirement, Trails, Schools And Hunger: Senate Keeps Pace, Passes 10 More Bills

The Senate did not slow down Tuesday, passing another 10 bills ranging on topics from energy to education and public employee retirement.

The Senate did not slow down Tuesday, passing another 10 bills ranging on topics from energy to education and public employee retirement.

Senate Bill 160 would establish the West Virginia Rail Trails Program to acquire and develop abandoned railroad rights-of-way for interim use as public, non-motorized recreational trails.

Senate Bill 166 increases the amount retired public employees can earn in a year without suspending their retirement annuity. Sen. Eric Nelson, R-Kanawha, said the amount will need to be reviewed every five years, and does not impact the state’s other retirement funds.

“This bill will raise the minimum amount up to $25,000, which in essence reflects half or the average salary that employees in PERS system are currently earning,” Nelson said. “The bill only affects retirements in the Public Employees Retirement System. It does not have any effect on employees working part-time there in the Teachers Retirement System.”

Lawmakers have discussed encouraging retirees to return to work to help shore up some of the state’s labor shortfalls. The bill passed unanimously without debate.

Three bills originating from the Senate Education Committee also passed, including:

  • Senate Bill 428 which would create new requirements for local school improvement councils, including the publication of meeting minutes. 

Senate Bill 306, establishes the Summer Feeding for All Program to study statewide efforts to feed students when they are out of school. Sen. Mike Woelfel, D-Cabell, stood in support of the bill. 

“Childhood hunger is very real in America and it’s certainly very real in West Virginia,” he said. “There will be an opportunity for each county to learn from different counties and ensure that there are no pockets of hunger for children during the summer. It’s just a comprehensive plan instead of our hodgepodge that we’ve had in the past and I appreciate it.” 

Senate Bill 306 was the only bill that did not pass unanimously Tuesday. Sen. Robert Karnes, R-Randolph, was the sole dissenting vote.

Three other bills all originated on request of the state’s Tax Commissioner, including:  

  • Senate Bill 443, which shifts estate administration fees from the Tax Commissioner to the State Auditor. 
  • Senate Bill 446, to remove methanol and methanol fuel from definition of special fuel to reduce costs in industrial use.

Most notably among the three, Senate Bill 444 closes the West Virginia Future Fund. Sen. Eric Tarr, R-Putnam, chair of the Senate Finance Committee, said legislation passed last year made it impossible to deposit money in the fund.

“Some years ago the legislature created the Future Fund, which had the purpose of saving the anticipated revenue stream for the marcellus shale,” Tarr said. “This bill eliminates the fund and transfers over existing funds to general revenue. And just as an aside, in committee we also found that we couldn’t find any funds within this fund. So, it’s defunct.”

The Senate also passed Senate Bill 249 to change requirements for the state Real Estate License and Senate Bill 335 to authorize 11 legislative rules from the  Department of Homeland Security.

All 10 bills now go to the House of Delegates for their consideration.

On Second Reading

Sen. Charles Trump, R-Morgan, presented an amendment to Senate Bill 426, colloquially known as the “TikTok Ban” bill.

The amendment mandates the state’s Chief Information Security Officer develop standards for, “high risk technology platforms, services, applications, programs or products” that would include exceptions for, “legitimate law enforcement or national security purposes.”

The bill is expected to be on third reading Wednesday, Feb. 1.

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