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Sen. Capito co-authors letter urging EPA to scrap Biden’s Clear Energy Plan 2.0 and begin over

MORGANTOWN – West Virginia’s U.S. senators proceed their push towards the Biden administration’s method to pursuing inexperienced vitality coverage by bypassing Congress and dealing via company guidelines.

On Monday, Sen. Joe Manchin requested the Authorities Accountability Workplace for a authorized opinion on whether or not the U.S. Treasury’s steering on implementing the Clear Automobile Tax Credit score, a part of of the Inflation Discount Act, is topic to overview below the Congressional Evaluate Act. Manchin is worried that Biden’s EV coverage advantages unfriendly Overseas Entities of Concern.

On Tuesday, Sen, Shelley Moore Capito, in her position as rating member of the Setting and Public Works Committee, joined with Sen. John Barrasso, R-Wyo., and rating member of the Vitality and Pure Sources Committee in a letter to Biden’s EPA.

Writing to EPA Administrator Michael Regan, they once more define their issues with the administration’s proposed Clear Energy Plan 2.0, “that goals to shut down energy vegetation throughout the nation, threatening America’s electrical grid reliability on unjustifiable authorized grounds.”

They wrote, “We urge the EPA to rescind its Clear Energy Plan 2.0 proposal and make affordability, reliability, and the bounds of its authorities below the Clear Air Act cornerstones of any future proposal. The extra time that has handed because the proposal, the extra points with the Clear Energy Plan 2.0 have been uncovered.”

The EPA says the proposed rule would set limits for brand new gas-fired combustion generators; present coal, oil and gas-fired steam-generating items, and sure present gas-fired combustion generators. “The proposed requirements are based mostly on applied sciences akin to carbon seize and sequestration/storage, low-GHG hydrogen co-firing, and pure fuel co-firing, which might be utilized on to energy vegetation that use fossil fuels to generate electrical energy.”

EPA says, “The proposed new supply efficiency requirements and emission pointers mirror the appliance of one of the best system of emission discount that, considering prices, vitality necessities, and different statutory components, is sufficiently demonstrated for the aim of bettering the emissions efficiency of the coated electrical producing items.”

The letter extends 5 ½ pages and point-by-point disputes the EPA’s contentions, saying CPP 2.0 is “unachievable, uneconomic, and unreasonable for small and enormous electrical producing items (EGUs).”

Listed below are some highlights.

  • It “clearly runs afoul of the Supreme Court docket’s ruling in West Virginia v. EPA, as a Biden administrator for the Workplace of Air and Radiation Joe Goffman acknowledged. The Inflation Discount Act didn’t embody provisions addressing EPA authority to undertake era shifting [shifting the power source from coal to gas and renewables]. “But, the EPA has clearly chosen to undertake era shifting via its co-firing necessities within the proposal.”
  • Carbon seize and storage isn’t superior sufficient to realize the plan’s aims. Whereas EPA websites a number of instance tasks, “none of those tasks would meet the EPA’s proposed requirement that 90 p.c of carbon emissions be captured or present that the know-how is sufficiently demonstrated and commercially accessible.”
  • A number of proposed CO2 pipelines EPA makes use of to justify its plan have been canceled of their residence states as a consequence of allowing and different challenges.
  • An October report from the Vitality Futures Initiative Basis, based by former Obama Secretary of EnergyErnest Moniz, decided that 150 massive carbon dioxide pipelines transiting 50,000 miles can be wanted by 2035 to assist the required CCS buildout below the proposed rule. “This is able to be the equal of constructing greater than 1 / 4 of the present petroleum pipelines in a bit greater than a decade. Given the present allowing atmosphere, it’s unreasonable for the EPA to conclude that the mandatory infrastructure shall be in place throughout the timelines of the rule.”
  • Additionally EPA itself is dragging its ft in approving injection wells to retailer captured carbon.
  • A number of regional electrical grid organizations (together with PJM right here) say CPP 2.0 “has the potential to ‘materially and adversely impression electrical reliability.’”

The senators conclude: “The proposal is past restore and have to be withdrawn. Failing to take action and transferring forward with the proposal would considerably threaten the security and reliability of the electrical grid.

“The impression of those flaws will finally be borne by ratepayers via larger vitality prices and the results of lowered reliability on financial alternative and public well being and security. Low-income and different susceptible People shall be disproportionately affected as a result of regressive nature of vitality price will increase. … The one legally permissible course is to develop a brand new, legally sound proposal and begin the rulemaking once more.”

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