Regulatory Relief for Certain Stationary Sources to Further Promote American Energy

President Trump issued a proclamation granting a two-year exemption from stricter EPA emission standards for several specified coal-fired power plants.

The exemption is justified on grounds of national energy security, grid reliability, and the unavailability of commercially viable technology to meet the stricter standards.

The proclamation cites potential negative economic and national security consequences of immediate compliance with the new rule.

Arguments For

  • Energy Security and Grid Reliability: The proclamation argues that coal-fired power generation is crucial for maintaining a reliable and affordable electricity grid, and that overly stringent emissions controls jeopardize this. It cites the potential for widespread power plant shutdowns, job losses, and increased reliance on foreign energy sources.

  • Unattainable Emissions Standards: The President asserts that the new EPA rule mandates compliance with emission standards that cannot be met using currently available technology. This is presented as a justification for the temporary exemption.

  • National Security Concerns: The proclamation directly links the potential economic and energy disruptions caused by the stricter standards to national security vulnerabilities.

  • Legal Basis: The proclamation cites Section 112(i)(4) of the Clean Air Act as the legal authority for granting the exemption.

Arguments Against

  • Environmental Concerns: Critics would argue that the exemption undermines efforts to reduce harmful air pollution and combat climate change. The temporary delay in implementing stricter standards could lead to increased emissions and worsen air quality.

  • Job Losses Argument Rebuttal: While the proclamation cites potential job losses, opponents might highlight the potential for job creation in renewable energy sectors if investments shift towards cleaner energy technologies.

  • Economic Disruption: The short-term economic benefits of the exemption to the specific coal plants might be contrasted with the potential for long-term economic benefits from investment in cleaner energy sources and related industries.

  • Lack of Technological Advancement: The exemption might delay the implementation of innovative technologies for reducing emissions, which could have economic and environmental benefits in the longer term. The proclamation's claim of unavailability of technology could be refuted with evidence showing existing or near-future viable technologies.

1.  Coal-fired electricity generation is essential to ensuring that our Nation’s grid is reliable and that electricity is affordable to the American people, and to promoting our Nation’s energy security.  The Federal Government plays a pivotal role in ensuring that the Nation’s power supply remains secure and reliable.  Forcing energy producers to comply with unattainable emissions controls jeopardizes this mission. 2.  On May 7, 2024, the Environmental Protection Agency published a final rule, pursuant to section 112 of the Clean Air Act, 42 U.S.C. 7412, titled National Emissions Standards for Hazardous Air Pollutants:  Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review, 89 FR 38508 (Rule), which amended the preexisting Mercury and Air Toxics Standards (MATS) rule to make it more stringent.  The Rule’s effective date was July 8, 2024.  Id.  Its compliance date is July 8, 2027, 3 years after its effective date.  See 89 FR 38519. 3.  The Rule places severe burdens on coal-fired power plants and, through its indirect effects, on the viability of our Nation’s coal sector.  Specifically, the Rule requires compliance with standards premised on the application of emissions-control technologies that do not yet exist in a commercially viable form.  The current compliance timeline of the Rule therefore raises the unacceptable risk of the shutdown of many coal-fired power plants, eliminating thousands of jobs, placing our electrical grid at risk, and threatening broader, harmful economic and energy security effects.  This in turn would undermine our national security, as these effects would leave America vulnerable to electricity demand shortages, increased dependence on foreign energy sources, and potential disruptions of our electricity and energy supplies, particularly in times of crisis. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 112(i)(4) of the Clean Air Act, 42 U.S.C. 7412(i)(4), do hereby proclaim that certain stationary sources subject to the Rule, as identified in Annex I of this proclamation, are exempt from compliance with the Rule for a period of 2 years beyond the Rule’s compliance date — i.e., for the period beginning July 8, 2027, and concluding July 8, 2029 (Exemption).  The effect of this Exemption is that, during this 2-year period, these stationary sources are subject to the compliance obligations that they are currently subject to under the MATS as the MATS existed prior to the Rule.  In support of this Exemption, I hereby make the following determinations: a.  The technology to implement the Rule is not available.  Such technology does not exist in a commercially viable form sufficient to allow implementation of and compliance with the Rule by its compliance date of July 8, 2027. b.  It is in the national security interests of the United States to issue this Exemption for the reasons stated in paragraphs 1 and 3 of this proclamation. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of July, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and fiftieth.

DONALD J. TRUMP ANNEX I Affected Facility/Source: Cardinal Unit 1, Unit 2, and Unit 3, Ohio Tri-State Generation and Transmission Association Affected Facility/Source: Craig Generating Station Unit 2 and Unit 3, Colorado City Water, Light and Power Affected Facility/Source: Dallman Unit 4, Illinois Cardinal Operating Company The post Regulatory Relief for Certain Stationary Sources to Further Promote American Energy appeared first on The White House.