Congressional Leaders Condemn Proposed Repeal of Power Sector Regulations

Congressional leaders, including Reps. Castor, Tonko, and SEEC members, issued a letter to EPA Administrator Lee Zeldin opposing the proposed repeal of greenhouse gas (GHG) emissions standards for fossil fuel-fired power plants. They emphasized that the EPA's authority under Section 111 of the Clean Air Act to protect Americans from air pollution that endangers public health or welfare has been reaffirmed through Congressional actions, including the Inflation Reduction Act (IRA). The letter highlights the significant public health and climate benefits of the 2024 regulations, estimated at an additional $260 billion, and expresses concerns about the EPA's failure to offer new analysis to support the proposed repeal. The members also cited EPA's own reports and Supreme Court decisions, including Massachusetts v. EPA and American Electric Power v. Connecticut, which confirm the agency's authority to regulate power plants' carbon dioxide emissions.

Key Takeaways:

• The proposed repeal of GHG emissions standards for fossil fuel-fired power plants could sacrifice public health benefits of $129 billion and climate benefits of $260 billion.
• The EPA has offered no new analysis to support the claim that GHG emissions from fossil fuel-fired power plants do not contribute significantly to air pollution.
• According to EPA's own reporting, power plants are responsible for almost a quarter of U.S. GHG emissions, or about 3 percent of all global climate pollution.
• The House has repeatedly affirmed the EPA's authority and obligation under Section 111 of the Clean Air Act to protect Americans from air pollution that endangers public health or welfare.
• The Inflation Reduction Act (IRA) reaffirms the EPA's authority to regulate power plants' carbon pollution using existing authorities, including those in Section 135.
• Independent analysis suggests that the regulations issued by EPA in April 2024 would cut between 68 to 390 million metric tons of carbon dioxide annually.

Statistics:

• 1.38 billion metric tons of carbon pollution would be curbed through 2047 through the finalized greenhouse gas emissions standards for new gas and existing coal power plants.
• $129 billion in public health benefits and $260 billion in climate benefits are estimated from the 2024 regulations.
• 68-390 million metric tons of carbon dioxide would be reduced annually through the regulations issued by EPA in April 2024.
• The EPA's own reporting indicates that power plants are responsible for almost a quarter of U.S. GHG emissions.

Sources:

• House Sustainable Energy and Environment Coalition (SEEC) Member Rep. Kathy Castor (FL-14) and SEEC Co-Chair Paul Tonko (NY-20) (letter to EPA Administrator Lee Zeldin, Aug. 6)
• Environmental Protection Agency (EPA) (Regulatory Impact Assessment, proposed repeal of GHG emissions standards for fossil fuel-fired power plants)
• Supreme Court decisions, including Massachusetts v. EPA (2007) and American Electric Power v. Connecticut (2011)
• Congressional actions, including the Inflation Reduction Act (IRA) and the Clean Air Act