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EPA Administrator Michael Regan speaks during an April 25 press conference. Regan announced the agency had unveiled four new final rules to address pollution from power plants. (Credit: EPA)
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Summary
A new suite of U.S. Environmental Protection Agency (EPA) final rules are aimed at reducing pollution from fossil fuel-based power plants, Administrator Michael Regan announced 25 April 2024.
The underlying pieces of legislation backing the final rules are the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act (RCRA). Regan said the new rules will significantly curb pollution from the power sector, with a regulatory impact analysis estimate projecting reduction of 1.38 billion metric tons of carbon pollution through 2047. This is roughly equivalent to preventing the annual emissions of 328 million gasoline cars, or nearly an entire year of emissions from the entire U.S. electric power sector.
The additional final rules focus on mercury and air toxics standards, wastewater pollution and coal ash.
“Today, EPA is proud to make good on the Biden-Harris Administration’s vision to tackle climate change and to protect all communities from pollution in our air, water, and in our neighborhoods,” Regan said in a statement. “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.”
Review
Regan told industry stakeholders at CERAWeek 2022 in Houston of EPA’s plans to provide a strengthened set of regulations for power plants, implementing stricter emission guidelines to facilitate the transition to a clean energy economy and reduce dependence on coal.
Burning coal is responsible for the emission of nitrogen oxide and sulfur dioxide, which contribute to acid rain, smog, and respiratory illnesses for communities living near such power plants.
“The new rules to clean up air pollution from power plants are good news for everyone, especially if there is a power plant near where you work, live, or study,” said Harold Wimmer, President and CEO of the American Lung Association. “Burning fossil fuels in power plants harms people’s lungs, makes kids sick, and accelerates the climate crisis. The stronger clean air and climate protections will save lives.”
Not surprisingly, representatives from America’s power suppliers voiced concerns about the new rules. Noting that surging electric demand is already threatening to outpace supply, power system reliability will be further strained by the new rule to limit power plant emissions, said the head of the national trade association representing America’s competitive power suppliers.
Todd Snitchler, President and CEO of the Electric Power Supply Association (EPSA), said, “We hear rhetoric from regulators and policymakers about their commitment to reliability, but rulemaking is where the rubber meets the road. While EPSA welcomed the EPA’s announcement that it had removed existing gas plants from its proposed emissions regulations, the final rule released today is still a painful example of aspirational policy outpacing physical and operational realities.”
Democratic lawmakers, however, praised the new standards as a historic step forward.
“I applaud EPA for setting achievable standards with reasonable compliance deadlines to reduce carbon pollution from existing coal-fired plants and newly built natural gas-fired plants,” said Sen. Tom Carper, (D-Del.), chairman of the U.S. Senate’s Environment and Public Works Committee.
Carper pressed EPA last year to finalize stronger standards for carbon pollution reduction from fossil fuel-fired power plants and also urged the Federal Energy Regulatory Commission (FERC) to support the industry’s transition to a cleaner electricity grid.
Energy and Commerce Committee Ranking Member Rep. Frank Pallone Jr. (D-N.J.) in the U.S. House of Representatives said the “vital protections” for stronger mercury and air toxics standards and coal ash are “long overdue.”
Analysis
The series of final rules address pollution and contamination in air, land, and water:
- Carbon pollution for coal plants: A final rule for existing coal-fired and new natural gas-fired power plants that would ensure that all coal-fired plants that plan to run in the long-term and all new baseload gas-fired plants control 90 percent of their carbon pollution.
- Mercury and air toxics standards: A final rule strengthening and updating the Mercury and Air Toxics Standards (MATS) for coal-fired power plants, tightening the emissions standard for toxic metals by 67% and finalizing a 70% percent reduction in the emissions standard for mercury from existing lignite coal-fired sources.
- Wastewater pollution reduction: A final rule to reduce pollutants discharged through wastewater from coal-fired power plants by more than 660 million pounds per year, ensuring cleaner water for affected communities, including communities disproportionately impacted by environmental justice concerns.
- Coal ash management: A final rule that will require the safe management of coal ash placed in areas that were unregulated at the federal level until now, including at previously used disposal areas that may leak and contaminate groundwater.
Jason Walsh, executive director of the Blue Green Alliance, an environmental and labor interest group, said it is essential that these final rules are implemented to protect the health and safety of workers as the U.S. energy sector and the broader economy shift to cleaner and more sustainable power sources.
“We cannot leave workers or communities behind as we make these fundamental changes in our energy economy,” Walsh said during a press conference. “A fair and equitable transition is not something that will happen by itself. We must choose to revitalize and diversify local economies to address deep economic inequality and to build accessible pathways into good union jobs.”
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About the author: Stefan Modrich is a Washington, D.C.- based reporter for 3E. He covers the latest developments in environmental health and safety policy and regulation. Modrich previously wrote for S&P Global Market Intelligence, The Arizona Republic and Chicago Tribune. He is an alumnus of Arizona State University and the University of Zagreb.
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