The Trump administration is proposing two repeals: one on regulations of power plants and the other on certain amendments to the 2024 Mercury and Air Toxics Standards.
The administration believes these regulations have “imposed massive costs on coal-, oil-, and gas-fired power plants, raising the cost of living for American families, imperiling the reliability of our electric grid, and limiting American energy prosperity.”
First: EPA is proposing to repeal all “greenhouse gas” emissions standards for the power sector under Section 111 of the Clean Air Act (CAA). EPA is proposing to repeal the 2015 emissions standards for new fossil fuel-fired power plants and the 2024 rule for new and existing fossil fuel-fired power plants. “Unlike other air pollutants with a regional or local impact, the targeted emissions are global in nature. As a result, any potential public health harms have not been accurately attributed to emissions from the U.S. power sector.”
“In light of this, EPA is proposing that the CAA requires the agency to make a finding that the targeted emissions from fossil fuel-fired power plants significantly contribute to dangerous air pollution before regulating these emissions from this source category.” In addition, EPA is proposing that “greenhouse gas emissions from fossil fuel-fired power plants do not contribute significantly to dangerous air pollution within the meaning of the statute.”
As an alternative, EPA is proposing to repeal “the most burdensome set of requirements issued for new and existing fossil fuel-fired steam generating units — specifically, the emission guidelines for existing power plants, and carbon capture and sequestration/storage-based requirements for new combustion turbines and modified coal plants.” As part of this alternative proposal, EPA is taking comment on the efficiency-based requirements for new natural gas power plant requirements.
Based on EPA’s estimates, this proposal would save the power sector $19 billion in regulatory costs over two decades beginning in 2026, or about $1.2 billion a year. For more information on this proposal, the proposed rule can be found here.
Second: EPA is also proposing to repeal amendments to the 2024 Mercury and Air Toxics Standards (MATS) “that directly result in coal-fired power plants having to shut down.” EPA is proposing to repeal specific amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Coal- and Oil-Fired Electric Utility Steam Generating Units (EGUs), commonly referred to as the MATS, that were promulgated on May 7, 2024.
“The amendments that the EPA is proposing to repeal include the revised filterable particulate matter (fPM) emission standard, which serves as a surrogate for non-mercury hazardous air pollutant (HAP) metals for existing coal-fired EGUs; the revised fPM emission standard compliance demonstration requirements; and the revised mercury (Hg) emission standard for lignite-fired EGUs.”
For more information on this proposal, the proposed rule can be found here.
(Our blog continues to follow proposed changes to regulations and their potential impacts on the regulated community.)