Power plants that cease burning coal by 2034 will be held to current emissions standards, not the more stringent updated ones.
Under the regulations, the nation's 200 or so coal-fired power plants will be forced to abide by strict new emissions standards unless they stop burning coal within ten years, in which case they will be allowed to follow the less stringent existing standards.
According to the rules, a "new compliance path" for coal-fired power plants means they "will be able to continue meeting existing requirements instead of the requirements contained in this final regulation" if they comply with the 2034 deadline. The EPA had previously given coal-fired power plants until 2028 to permanently stop burning the fossil fuel.
The agency noted that the move "will have minimal effects on electricity prices," but "provide billions of dollars in health and environmental benefits each year."
"These water quality, health, and environmental improvements," it explained, "will benefit environmental justice communities that are disproportionately affected by pollution from coal-fired power plants."
The Department of the Interior said that they would be funnelling $140 million into West Virginia and that "This funding is a part of the Biden-Harris administration’s unprecedented investments in communities and workers to support an equitable transition to a sustainable economy and healthier environment after the closure of mines or power plants.
"This effort also advances the President’s Justice40 Initiative that sets a goal to deliver 40 percent of the overall benefits of certain federal investments to disadvantaged communities that have been historically marginalized by underinvestment and overburdened by pollution. Additionally, reclaiming abandoned coal mines is a pillar of the Biden-Harris administration’s Methane Action Plan, which includes historic efforts to reduce methane emissions—one of the biggest drivers of climate change—while creating good-paying jobs and promoting American innovation."
The news was met with scorn from many Republicans, including West Virginia Sen. Shelley Moore Capito, who serves on the Senate Environmental and Public Works Committee and vowed to introduce a Congressional Review Act resolution to overturn the new rules.
"Electricity demand is set to skyrocket thanks in part to the EPA's own electric vehicles mandate, and unfortunately, Americans are already paying higher utility bills under President Biden," she said in a statement. "Despite all this, the administration has chosen to press ahead with its unrealistic climate agenda that threatens access to affordable, reliable energy for households and employers across the country."
The EPA recently lost a Supreme Court case brought by West Virginia which found that the agency did not have blanket authority over coal pollution in the state. The Biden administration is eager to remove coal power entirely, per the agreements made at COP 26 in 2021 where over 40 countries agreed to wipe out coal energy by 2040. The only reason the US didn't get on board then was to avoid angering West Virginia Senator Joe Manchin, who is not running for election in 2024.
West Virginia AG Patrick Morrisey said he would challege the Biden plan. "We will be challenging this rule," he said in a statement. "The US 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."
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