EPA Acts to End Coal Country Nightmare

The ACE up President Trump’s sleeve will rein in one of the most costly, burdensome and job-killing regulations issued by the Obama Administration.

Western Caucus released the following statements after the Environmental Protection Agency (EPA) issued a proposed rule to replace the Obama Administration’s Clean Power Plan.

 

For Immediate Release

Date: August 21, 2018

Contact: Jeff Small

jeff.small@mail.house.gov

EPA Acts to End Coal Country Nightmare
The ACE up President Trump’s sleeve will rein in one of the most costly, burdensome and job-killing regulations issued by the Obama Administration.

       
           


WASHINGTON, D.C. –
Today, Congressional Western Caucus Chairman Paul Gosar (AZ-04), Executive Vice Chairman Scott Tipton (CO-03), Chief Infrastructure and Forestry Officer Bruce Westerman (AR-04), Chairman Emeritus Steve Pearce (NM-02), Chief Rules Officer Andy Biggs (AZ-05), House Chairman of the Science, Space, and Technology Committee Lamar Smith (TX-21), Speaker Paul Ryan (WI-01),  and Western Caucus Members Greg Gianforte (MT-At Large), Doug LaMalfa (CA-01), Kevin Cramer (ND-At Large), Ron Estes (KS-04), Ralph Abraham (LA-05), Debbie Lesko (AZ-08), Markwayne Mullin (OK-02), and Liz Cheney (WY-At Large) released the following statements after the Environmental Protection Agency (EPA) issued a proposed rule to replace the Obama Administration’s Clean Power Plan:

“The Clean Power Plan sought to pick winners and losers through a top-down, one-size-fits-all, national energy policy. The unconstitutional mandates in the CPP would have cost job creators and our economy nearly $300 billion dollars while also resulting in double digit electricity prices in at least 40 states. Today, the Trump Administration and Acting Administrator Wheeler proved that responsible energy production and environmental protection are not mutually exclusive by putting forth a proposed replacement rule that seeks to empower states, embrace new technologies and work with our experts on the ground to ensure that the United States continues to be a global leader in energy production and carbon emission reductions,” stated Chairman Gosar.

“The Obama Administration’s Clean Power Plan, which was implemented without Congressional approval, threatened countless jobs across the nation and millions of Americans’ access to affordable energy,” said Congressman Scott Tipton. “Appropriately, the Administration is taking action to rewrite this flawed rule, and I look forward to working with my colleagues in Congress to advance policies that support all-of-the-above responsible energy development.”

“The Obama Administration’s war on affordable energy was not healthy for rural economies. In my home state of Arkansas, the administration’s plans to kill electricity generation at the White Bluff Electric Station would result in higher rates for residents already on fixed incomes. I thank Administrator Wheeler and the Trump Administration for its efforts to roll back this overreach and look forward to working with the EPA on reasonable efforts to keep our environment clean while producing energy necessary to power homes and businesses,” stated Congressman Westerman.

“The former Administration’s energy policies were hurting our economy and not helping the environment. Taking away more jobs from hard working Americans, increasing electric rates, and was likely going to be halted by court order. A new Affordable Clean Energy Rule will wisely balance protecting our environment, keeping electricity costs low for New Mexicans, and continue to keep good-paying jobs in high unemployment areas,” said Congressman Pearce.

“I applaud Administrator Wheeler and the Trump administration for taking this necessary step to replace the Clean Power Plan (CPP). The rule was a blatant attack on states’ rights and yet another example of overregulation by unelected federal bureaucrats. It created regulations that required additional cuts on energy production by power plants, which jeopardized Arizona’s energy supply. Finally, the CPP harmed America’s economic growth, providing uncertainty for Arizona’s energy consumers. This action was vital to America’s energy independence, and I support this decision,” stated Congressman Biggs.

“The EPA’s proposal to replace the Obama Administration’s so-called Clean Power Plan with the Affordable Clean Energy rule is a significant step towards reversing one of the most costly, burdensome, and ineffective regulations issued by the previous administration. It marks a return to sanity and to the rule of law when it comes to environmental regulations,” said Congressman Smith.

“Today, the Trump administration has laid out a better path to responsible energy production that is good for jobs and household budgets. This sets us up to be competitive for years to come. Congress will continue to work with the administration to connect America’s energy boom to consumers and communities. Affordable energy is so critical to our everyday lives, and it’s also vital to our long-term economic growth. But for years, the Obama administration waged a war on American energy with devastating consequences for workers and manufacturers. The ‘Clean Power Plan’ was just an absolute nightmare for coal country,” said Congressman Ryan.

“For eight years, the Obama administration consistently worked to undermine Montana energy and waged a punitive war on Montana coal. The Obama administration’s so-called Clean Power Plan would have raised electricity prices for Montanans, harmed our economy, cost American jobs, and threatened our energy security,” Congressman Gianforte said. “I welcome the Trump administration’s Affordable Clean Energy rule which would replace the burdensome, costly Obama-era mandate with a rule designed to empower states, promote American energy dominance, and protect our environment.”

“Since President Trump took office, his Administration has focused heavily on rolling back many of the overly burdensome regulations put in place by the previous regime – many of which push the boundaries of legality. The Clean Power Plan was arguably the most egregious case of executive overreach, and the Supreme Court issued a stay on the rule after countless objections from states, rural electric co-ops, trade associations, and others. The EPA’s new proposal is a far more realistic strategy that will more accurately interpret the bounds of the Clean Air Act and improve efficiency at power plants, all while empowering states and helping America achieve its goal of energy dominance,” stated Congressman LaMalfa.

Congressman Cramer stated, “The Clean Power Plan was a clear overstep of authority by EPA, and I am pleased President Trump took action against this rule. This Administration has shown its support for ours and other energy-rich states who are not best represented by unelected bureaucrats in Washington. The ACE rule promotes energy dominance without targeting the elimination of certain power sources. No doubt environmentalists will file litigation against this rule which is another instance to demonstrate the importance of confirming President Trump’s Supreme Court nominees, including Brett Kavanaugh. I will continue to review the unfolding information and listen to stakeholders to ensure consumers affordable, reliable energy with excellent environmental performance.”  

“The Affordable Clean Energy Rule rolls back overreaching regulations from Washington and returns power to the states within the parameters of the Clean Air Act,” said Congressman Estes. “The Obama administration’s Clean Power Plan would have cost up to $292 billion and caused double digit electricity price increases in 40 states. Thanks to tax reform and this new rule, Kansans can see lower utility rates while we continue working to reduce emissions.”

Congressman Abraham stated, “Like most Obama-era rules, the Clean Power Plan was less about science and more about pushing an extreme environmental agenda at the expense of hard-working Americans. I applaud President Trump for taking yet another step toward sensible environmental policies that will keep us healthy while helping the economy grow.”

“For years, Obama’s Clean Power Plan imposed costly and burdensome regulations on energy production that ultimately harmed American families and businesses. The new Affordable Clean Energy rule will empower individual states to decide their own emissions standards and energy portfolios. I am pleased to see the Trump Administration taking action to rollback these restrictive regulations and lower costs for consumers,” said Congresswoman Lesko.

“The federal government shouldn’t be in the business of picking winners and losers in the energy sector,” stated Congressman Mullin.  “Unfortunately, that’s exactly what the Obama Administration’s so-called Clean Power Plan (CPP) did. I’m thrilled that EPA Administrator Wheeler has proposed the Affordable Clean Energy (ACE) Rule to replace the CPP which would negatively impact Oklahoma’s economy, energy grid, and workforce. Oklahoma is an all-the-above energy state and I’m proud to work in tandem with an administration who also believes in a consumer-driven market for our country.”

“I applaud this important step by the Trump Administration to replace the damaging Obama Clean Power Plan with a rule that will return flexibility to the states and to our coal industry.  The Obama Clean Power Plan killed jobs, strangled our economy, and attempted to destroy our coal industry. Ensuring the reliability of our power grid by supporting coal — a crucial baseload power source — is an economic and national security priority.  Wyoming Powder River Basin Coal is the cleanest in the world and is a national treasure.  I’m encouraged by the Trump Administration’s continuous efforts to protect our coal and fossil fuel industry across the country and especially in Wyoming.  I’m looking forward to continuing to work with my colleagues and the Trump Administration to replace the Clean Power Plan with policies and regulations that help support the fossil fuels we need to power our nation,” concluded Congresswoman Cheney.

Background:

Today, the Environmental Protection Agency (EPA) announced publication of a proposed rule entitled the Affordable Clean Energy (ACE) Rule. ACE will replace the Obama Administration’s 2015 Clean Power Plan (CPP), which did very little to empower states, ensure energy independence, promote job creation and facilitate economic growth. ACE seeks to do all of those things while also continuing to reduce greenhouse gas (GHG) emissions from existing coal-fired electric utility generating units and power plants.  

Courtesy of the EPA

Pursuant to President Trump’s Executive Order 13873, which directed Federal agencies to review burdensome regulations, the EPA undertook a review of the CPP. Many believed the CPP exceeded EPA’s authority under the Clean Air Act, which is why 27 states, 24 trade associations, 37 rural electric co-ops, and three labor unions challenged the rule. Additionally, the Supreme Court issued an unprecedented stay of the rule.  

America is the gold standard for energy production and environmental protection. From 2010 to 2018, total U.S. energy-related carbon dioxide emissions will fall by nearly 7 percent, according to the Energy Information Administration. In contrast, global emissions are increasing by 10 percent. The U.S. is doing its part to address this problem without the Paris agreement or the failed and overreaching regulations of the prior administration; the champions of those failed policies are the ones not meeting their commitments.

The EPA has created a website page for the ACE Rule HERE. The Federal Register Notice containing the proposed ACE Rule can be found HERE.

The proposal will work to reduce GHG emissions through four main actions:

  1. ACE defines the “best system of emission reduction” (BSER) for existing power plants as on-site, heat-rate efficiency improvements;

  2. ACE provides states with a list of “candidate technologies” that can be used to establish standards of performance and be incorporated into their state plans;
  3. ACE updates the New Source Review (NSR) permitting program to further encourage efficiency improvements at existing power plants; and
  4. ACE aligns regulations under CAA section 111(d) to give states adequate time and flexibility to develop their state plans.

The proposed ACE Rule is informed by more than 270,000 public comments that EPA received as part of its December 2017 Advance Notice of Proposed Rulemaking (ANPRM).  

EPA’s regulatory impact analysis (RIA) for this proposal includes a variety of scenarios. These scenarios are illustrative because the statute gives states the flexibility needed to consider unit-specific factors – including a particular unit’s remaining useful life – when it comes to standards of performance. Key findings include the following:

  • EPA projects that replacing the CPP with the proposal could provide $400 million in annual net benefits.
  • The ACE Rule would reduce the compliance burden by up to $400 million per year when compared to CPP.

  • All four scenarios find that the proposal will reduce CO2 emissions from their current level.

  • EPA estimates that the ACE Rule could reduce 2030 CO2 emissions by up to 1.5% from projected levels without the CPP –  the equivalent of taking 5.3 million cars off the road. Further, these illustrative scenarios suggest that when states have fully implemented the proposal, U.S. power sector CO2 emissions could be 33% to 34% below 2005 levels, higher than the projected CO2 emissions reductions from the CPP.

EPA will take comment on the proposal for 60 days after publication in the Federal Register and will hold a public hearing. 

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