EPA tries the Goldilocks route on power plants
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Illustration: Natalie Peeples/Axios
Biden officials face a complicated political landscape as they spare existing gas-fired power plants — at least for now — from looming electricity carbon emissions rules.
Why it matters: Power generation is the nation's second-largest source of CO2, but neither Obama-era regulations, nor a more modest Trump-era rule, survived court challenges.
What's new: The EPA on Thursday said final rules this spring will impose standards on today's coal-fired power plants, and gas plants built in the future.
- But in a pivot from draft rules created last May, existing gas plants — the largest U.S. power source — will instead be covered in a later rule addressing both CO2 and air pollutants.
"This stronger, more durable approach will achieve greater emissions reductions than the current proposal," EPA head Michael Regan said.
The intrigue: The shift carries risks for Biden's agenda.
- Pollution rules take a long time to write, so standards for current gas plants probably won't be done pre-election and could stretch into next year (or even beyond).
- They could be abandoned by a second Trump administration, if he's reelected.
- And depending on D.C.'s power balance, it could be vulnerable under the Congressional Review Act — a tool for killing rules issued late in presidential terms.
Between the lines: The politics are tricky, too.
- The pivot drew cheers from some activists, who cited plans to address localized air pollution, but criticism from some quarters.
- Liberal Sen. Sheldon Whitehouse (D-R.I.) called it "inexplicable," yet the NYT reports some swing state Democrats disliked the earlier plan.
What's next: We'll be watching for signs it moves the political needle in either direction — and watching the clock.
