EPA will provisionally exempt existing gas-fired power stations from strict new rules

Facing fierce opposition from major industries and some Democrats, the Biden administration said Thursday it would delay the most controversial part of its plan to cut greenhouse gas emissions from power plants.

The Environmental Protection Agency will exempt existing gas-fired power plants, at least for now, from a new regulation that requires power plants in the United States to capture their carbon dioxide emissions by 2040.

The delay comes as the government, in a concession to carmakers and unions, is also expected to relax elements of another key rule to limit CO2 pollution from cars. That was in response to pressure from both automakers and labor unions, a key part of President Biden’s Democratic constituency as he seeks re-election in November.

The power plant rule initially called for sharp emissions cuts from plants that burn coal or gas, which together produce most of the electricity in the United States. To comply, factories would have to capture their greenhouse gas emissions using technologies that are currently very expensive and not widely used.

Now the EPA says the regulation, which is expected to be finalized this spring, will only apply to existing coal-fired plants and gas-fired plants built in the future.

The agency plans to write a separate regulation to address climate pollution and other emissions from gas-fired plants currently in operation, a delay that will extend at least until after the November election.

“This stronger, more sustainable approach will deliver greater emissions reductions than the current proposal,” Michael Regan, the EPA administrator, said in a statement.

The changes come as Mr Biden faces intense headwinds as he runs for re-election while trying to tackle climate change. He aims to reduce CO2 emissions from power plants and gasoline-powered vehicles, which are two of the largest sources of greenhouse gases, while maintaining crucial electoral support in major manufacturing countries.

Power plants generate about a quarter of the planet-warming pollution produced by the United States. Regulating electric utilities is a key part of Mr. Biden’s climate agenda, which calls for eliminating emissions from the energy sector by 2035.

When the E.PA. first proposed new limits on pollution from power plants, there was immediate resistance.

Electric utility groups argued that it would be particularly difficult to comply with the rules for existing gas-fired power plants; the country’s largest manufacturing lobby warned this could have “devastating consequences”; and a small but significant number of swing state Democrats said they also feared the requirements would result in electricity rate increases.

“Depending on implementation, municipal electric utilities serving small rural communities in my district may have no choice but to pass on the costs of compliance to their ratepayers,” said Rep. Marcy Kaptur, Democrat of Ohio.

Ms. Kaptur was among a group of House and Senate Democrats who wrote to the EPA in January to express concerns about the proposed regulation. “We share the government’s goal to reduce carbon emissions responsibly,” they wrote. But they added: “We cannot ask our voters to bear the costs of that risk in the form of significantly higher energy bills and unreliable electricity.”

Sen. Jon Tester, one of the most vulnerable Democrats up for re-election in November, said he supported the president’s climate agenda but wanted a methodical transition to cleaner energy. “I’m all about climate change, and we need to figure out ways to make that happen,” Mr. Tester said Wednesday. “In the meantime, we cannot turn off the tap.”

Under the new plan announced Thursday, the EPA said it planned to finalize regulations to require existing coal-fired power plants to install technology that will capture 90 percent of their carbon emissions by 2035. Alternatively, coal-fired power stations could convert their operations to run largely on hydrogen by 2038. Installations that cannot meet the new standards would be forced to shut down.

The EPA did not say when it planned to issue a separate rule for gas-fired power plants. Mr. Regan said the agency is writing a regulation that will also address other harmful pollutants emitted from gas-fired power plants, such as formaldehyde and nitrous oxide.

If the final regulation is delayed until after this spring, it risks being overturned by the next Congress. The 1996 Congressional Review Act allows lawmakers to overturn regulations with a simple majority within the first 60 days of finalizing a new rule. Republicans have already pledged to repeal the Biden administration’s rules if they gain control of the White House and Congress in November.

A group of environmental justice leaders led by Robert Bullard, a professor of urban planning and environmental policy at Texas Southern University, issued a letter in support of the delay, saying they were pleased to learn that it meant the agency would also consider nitrous oxide and block other substances. pollutants.

“Many of our communities are experiencing the immediate impacts of living near existing infrastructure of coal-fired power plants, gas-fired power plants, pipelines, and extraction and refining facilities,” wrote Dr. Bullard et al.

Abigail Dillen, president of Earthjustice, an environmental group, said climate activists understood the need for the delay. The original rule would have left smaller gas plants, known as peaking plants, unregulated, she said.

An analysis by Evergreen, another environmental organization, shows that only 5.2 percent of gas-fired turbines, representing 22 percent of the nation’s gas energy capacity, would be covered by the rule.

“There is no good way to regulate fossil gas plants without regulating them all and taking a comprehensive approach that tackles both toxic pollution and climate pollution,” Ms Dillen said.

Coral Davenport reporting contributed.