GHG Reduction Technologies Monitor Vol. 9 No. 8
Visit Archives | Return to Issue
PDF
GHG Reduction Technologies Monitor
Article 6 of 9
March 17, 2014

EPA: DRAFT POWER PLANT RULE DOES NOT VIOLATE ENERGY POLICY ACT

By ExchangeMonitor

Karen Frantz
GHG Monitor
2/28/2014

The Environmental Protection Agency is seeking to beat back criticism of its draft rule that would force new-build coal-fired power plants to be equipped with carbon capture and storage technology by asking for public comment on its interpretation of the Energy Policy Act of 2005—a law that Republicans are arguing the EPA’s rule violates due to the fact that it relies on CCS demonstration projects that have received federal funding as examples that the technology has been adequately demonstrated. An EPA technical document argues that the law precludes the Agency from relying “solely” on the experience of facilities that received funding through the act, including being allowed certain tax credits, but that it does not preclude the EPA “from relying on the experience of such facilities in conjunction with other information.” The EPA said in a notice of data availability that was published by the Federal Register this week that is seeking public comments on the technical document by March 10.

The EPA published the controversial draft rule in September, which sets CO2 emissions standards for coal units at between 1,000 and 1,100 lbs CO2/MWh, depending on whether plant operators decide to measure CO2 emissions over a 12- or 84- month operating period. The Clean Air Act requires EPA to determine which type of compliance technology, when taking into account factors like cost, technical feasibility and size of emissions reductions, constitutes the “best system of emission reduction” (BSER) for fossil units. Based on those criteria, the agency said the “partial” capture and storage of roughly 30 to 50 percent of a plant’s emissions is the BSER technology for coal plants.

Republican Challenge

But Republicans quickly latched onto the 2005 law as they sought to argue that CCS has not been adequately demonstrated at a commercial scale, with EPAct05 a frequent topic of discussion at numerous Congressional hearings and the state of Nebraska recently filing a lawsuit challenging the EPA rule under the law. Reps. Fred Upton (R-Mich.), Ed Whitfield (R-Ky.), Joe Barton (R-Texas) and Steve Scalise (R-La.) also sent a letter to EPA last year saying that three of the four CCS projects the EPA has held up as models demonstrating the technology’s commercial availability received funding under the Department of Energy’s Clean Coal Power Initiative. “EPA’s consideration of CCPI projects to determine that CCS for coal-fired power plants is ‘adequately demonstrated’ is prohibited” under the law, the letter said.

In the EPA’s notice of data availability, the Agency said that its determination of partial CCS capture as the BSER for coal units meets the criteria established under the Clean Air Act. “The EPA’s rationale, insofar as is relevant for present purposes, is that partial capture is technically feasible and can be implemented at a reasonable cost,” the EPA said. “In discussing its rationale, the EPA referenced some facilities that have received financial assistance under the EPAct05, including being allocated tax credits pursuant to IRC section 48A. As explained in the [technical support document], however, the EPA’s rationale does not depend solely upon those projects, and the determination remains adequately supported without any information from facilities that have been allocated the IRC section 48A tax credit. Thus, the EPA’s proposed standards, which are based on its determination that partial capture CCS represents the best system of emission reduction adequately demonstrated, are not beyond the scope of its legal authority.”
 

Comments are closed.

Partner Content
Social Feed

NEW: Via public records request, I’ve been able to confirm reporting today that a warrant has been issued for DOE deputy asst. secretary of spent fuel and waste disposition Sam Brinton for another luggage theft, this time at Las Vegas’s Harry Reid airport. (cc: @EMPublications)

DOE spent fuel lead Brinton accused of second luggage theft.



by @BenjaminSWeiss, confirming today's reports with warrant from Las Vegas Metro PD.

Waste has been Emplaced! 🚮

We have finally begun emplacing defense-related transuranic (TRU) waste in Panel 8 of #WIPP.

Read more about the waste emplacement here: https://wipp.energy.gov/wipp_news_20221123-2.asp

Load More