Legislators fight proposed EPA emissions rule

Jun. 13—Legislation aimed at protecting coal- and gas-fired power plants was introduced Monday by Sen. Shelley Moore Capito, R-W.Va., and Rep. Carol Miller, R-1st District.

The Protect Our Power Plants (POPP) Act would prevent the Environmental Protection Agency (EPA) from implementing its recently announced emissions regulation proposal that would force the eventual closure of power plants fueled by coal and gas.

"With its Clean Power Plan 2.0, the Biden administration has made it quite clear they intend to ignore the Supreme Court's ruling in West Virginia v. EPA, put the people who help power our nation out of work, and increase energy costs for millions of Americans," Capito said in announcing the legislation. "In the face of this illegal overreach, Congresswoman Miller and I are standing up for workers and families in energy-producing communities across the country, including those in West Virginia. The Protect Our Power Plants Act would maintain America's status as a leading global energy producer and prevent the EPA's current proposal from inflicting further damage on our state."

Capito, Ranking Member of the Senate Environment and Public Works (EPW) Committee, said the legislation outlines the illegalities of the EPA proposal and says that "the Administrator of the Environmental Protection Agency may not finalize, implement, or enforce" the proposed rule.

Miller called the new rule "ridiculous."

"The Environment Protection Agency has overstepped their role and is waging war on power plants across the United States," she said. "The Biden administration and Washington Democrats continue to shut down domestic energy production in the name of their Green New Deal agenda while the United States should be focused on maintaining its energy dominance. West Virginia will not stand for this spineless, and frankly, ridiculous rule."

Miller said she and Capito are focused on "promoting American energy policies that will ensure West Virginia remains an energy dominant state for years to come. The Protect Our Power Plants Act is a needed check on Washington Democrats' radical environmental policies and promotes American energy production."

Sen. Joe Manchin, D-W.VA., wants the EPA to hold a public hearing on the issue in West Virginia.

Manchin, Chair of the Senate Energy and Natural Resources Committee, wrote a letter to EPA Administrator Michael Regan last week, requesting a 60-day extension of the public comment period for the agency's rule regulating CO2 emissions from fossil-fueled power plants.

"As the state with the largest percentage of coal-fired power and the second-largest producer of coal, EPA's proposal will disproportionately harm West Virginia's energy security and economy," Manchin said in the letter. "Over the last decade, EPA regulations have contributed towards nearly 4 GW of generator retirements in West Virginia. Residents and businesses in our state deserve an opportunity to speak face-to-face with EPA about the impacts of this proposed rule and other recently-announced EPA regulations."

Manchin said the EPA "owes the American people a fair and transparent process to ensure they understand the scope and scale of a new major federal regulation before it is thrust upon them."

"An extended comment period and a public hearing in West Virginia are two exceedingly reasonable requests for a proposal as ambitious and unprecedented as this, and I hope we are able to work together to make them happen," he said.

The EPA announced the proposed new carbon pollution standards for coal and gas-fired power plants last month, saying the new standards will "protect public health, reduce harmful pollutants and deliver up to $85 billion in climate and public health benefits over the next two decades."

Owners and operators of power plants will be given "ample lead time and substantial compliance flexibilities, allowing power companies and grid operators to make sound long-term planning and investment decisions, and supporting the power sector's ability to continue delivering reliable and affordable electricity," the EPA said.

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com