Shortly after the midterm "shellacking," climate hawks despaired. Climate zombies shambled gleefully around the grave of comprehensive climate legislation, while Grist asked whether the Environmental Protection Agency was running scared from the incoming Republican Congress. Instead of running scared, though, the EPA has been plotting two bold new moves: taking over Texas' power to issue permits, and regulating the oldest and dirtiest power plants and refineries. Details below the fold.
- A Texas-sized battle
Today, the EPA formally seizes control of Texas' authority to issue air pollution permits to large greenhouse gas emitters such as power plants and refineries. Under the Clean Air Act, normally the EPA lets states write State Implementation Plans -- write their own laws and issue their own permits for new facilities. 49 out of 50 states have crafted their own laws regarding greenhouse gases. However, Texas has flatly refused to write its plan; instead, it's sued the EPA, repeatedly, and lost in appellate court, repeatedly. Tuesday, the EPA notified Texas that the "unwillingness of Texas state officials to implement this portion of the federal program leaves EPA with no choice" but to write a Federal Implementation Plan and take over the state's permitting process. The New York Times had background, and The Hill reports on EPA's announcement that Texas' rules will be disapproved.
This battle has been brewing for a while. Texas emits eleven percent of the nation's greenhouse gases. The state is deep in the heart of Climate Zombieland -- every single candidate for House this year derided climate science, each in more colorful terms than the last. And the EPA has been a useful villain for fellow climate zombie Governor Rick Perry.
A Federal Implementation Plan is a sort of doomsday weapon; it's only rarely been used in the 40 year history of the Clean Air Act, and usually under much friendlier circumstances than this. I expect the zombies will moan about federal takeovers, conveniently omitting the reason why the federal government must step in.
In this Texas vs the EPA war, secession-flavored popcorn potential here is immense. However, the rules in question only apply to new plants (and expansion of old plants), and thus aren't as far-reaching as rules affecting older plants. The EPA's second announcement today will draw less media attention, but more significance in the battle for clean air.
- Performance Standards
Today, the EPA also announced tough new performance standards affecting power plants and refineries, which together contribute nearly 40 percent of the country's greenhouse gas emissions. The regulations will be phased in -- rules proposed first, then regulations made final, with refinery rules final just in time for the November 2012 election.
The rules will apply to older plants as well as newer ones. An air quality analyst at the EPA tells me that if the rules are tough enough, this is incredibly important; we can't reduce greenhouse gas emissions by anything close to what's needed if we don't sharply reduce what's coming out of power plants and refineries. The regulations will cause a huge wave of coal plant closures.
Although tough rules will be needed, EPA Administrator Lisa Jackson has vowed to tread carefully: no cap will be imposed, but instead the EPA will be "taking a look at what technologies are available that can cost-effectively achieve reductions in greenhouse gases." Some details are available on the EPA website; suffice to say that these will be my-eyes-glaze-over mind-numbingly detailed rules.
And the Republicans' response? They're pleased as punch that EPA is moving cautiously already plotting the death of EPA's climate rules and vowing to fight the rules. Let's hope EPA writes tough rules and President Obama keeps his veto pen handy.