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Energy

U.S. EPA Unveils Carbon Dioxide Regulations That Could End Coal and Natural Gas Power Generation

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6 minute read

From Heartland Daily News

By Tim Benson Tim Benson

The U.S. Environmental Protection Agency (EPA) announced new regulations on April 25 that would force coal-fired power plants to reduce or capture 90 percent of their carbon dioxide emissions by 2039, one year earlier than in the rule originally proposed in May 2023.

Other newly announced coal regulations include a final rule “strengthening and updating the Mercury and Air Toxics Standards (MATS) for coal-fired power plants, tightening the emissions standard for toxic metals by 67 percent, finalizing a 70 percent reduction in the emissions standard for mercury from existing lignite-fired sources,” and another rule to “reduce pollutants discharged through wastewater from coal-fired power plants by more than 660 million pounds per year.” The EPA also issued an additional rule to require the safe management of coal ash in locations not previously covered by federal regulations.

“Today, EPA is proud to make good on the Biden-Harris administration’s vision to tackle climate change and to protect all communities from pollution in our air, water, and in our neighborhoods,” said EPA Administrator Michael S. Regan. “By developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans.”

EPA estimates its new regulations will reduce carbon dioxide emissions by 1.38 billion metric tons by 2047 and create $370 billion in “climate and public health net benefits” over the next twenty years.

Coal in a Regulatory Decline

Partially due to increasingly stringent regulations, electricity generation from coal has fallen from 52 percent of the nation’s total output in the 1990s to just 16.2 percent in 2023. Critics of the new regulations, including Jason Isaac, CEO of the American Energy Institute, argue that EPA’s new rules would make it impossible to open new coal plants and will effectively force those already online to shut down operations.

“These rules are a direct attack on an important and necessary source of American energy—one of our most affordable, reliable resources, and one that is essential here and growing in use around the world,” said Isaac. “The ignorance of this administration is negligent at best, criminal at worst, relegating the least among us to more expensive energy, or even none at all, as millions of Americans are finding out by having their electricity disconnected.

“On one hand they push to electrify everything and then with the other leave us with unreliable electricity,” Isaac said. “The Biden administration is hell bent on destroying coal and reaching new levels of recklessness.”

‘De Facto Ban’ on Coal

The new regulations almost assuredly will face legal challenges from the coal industry and others, says Steve Milloy, founder of JunkScience.com.

“Another unconstitutional EPA rule from the Biden regime that will be DOA at [the Supreme Court] but not until much harm has been caused,” said Milloy. “Congress has not authorized EPA to issue regulations that operate as a de facto ban on coal plants, yet that’s what this regulation amounts to because it mandates emissions control technology (i.e., carbon capture and sequestration) which does not, and will never, exist for coal plants.”

EPA, by contrast, says carbon capture and sequestration (CCS) is the “best system of emission reduction for the longest-running existing coal units” and a “cost-reasonable emission control technology that can be applied directly to power plants and can reduce 90 percent of carbon dioxide emissions from the plants.”

“The requirement for imaginary technology violates Clean Air Act notions of only requiring the best available and adequately tested technology,” Milloy said. “The de facto ban violates the 2022 [Supreme Court] decision in West Virginia v. EPA, which established the major questions doctrine, under which agencies cannot undertake significant new actions, like banning coal plants, without authorization from Congress.”

Natural Gas Targeted, Too

Coal plants were not the only target of new EPA regulations, as natural gas power plants are also now required to eliminate or capture 90 percent of their carbon dioxide emissions by 2032, three years earlier than called for when the draft rule was originally proposed in 2023.

The EPA is acting as if it has absolute power unconstrained by the law and prior court rulings, Darren Bakst, director of the Competitive Enterprise Institute’s Center on Energy & Environment, says in a press release.

“The [EPA] absurdly thinks its authority to regulate means it has the authority to shut down businesses,” said Bakst. “Establishing new regulations for power plants does not mean the agency can effectively force them out of business.

“This is Clean Power Plan Part II, but like with many sequels, it is worse,” Bakst said.

Tim Benson ([email protected]) is a senior policy analyst with Heartland Impact.

For more on the Biden administrations power regulations, click here.

Business

BUILD CANADA NOW: An Open Letter to the Prime Minister of Canada from Energy Leaders

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From EnergyNow.Ca

We can strengthen economic sovereignty and resilience: Unlock private-sector investment, responsibly develop our world-class natural resources, support climate action

The Rt. Hon. Mark Carney, PC, MP
Prime Minister of Canada

Dear Prime Minister Carney,

On behalf of Canada’s leading energy companies, please accept our congratulations on your election victory and appointment as Canada’s new Prime Minister.

This moment marks not only the first chapter for your government, but also a vital opportunity for our nation to come together around shared goals and build the trust necessary to get big things done. Together we can Build Canada Now and strengthen economic sovereignty and resilience, by unlocking private sector investment, through responsibly developing Canada’s world class natural resources and supporting climate action to reduce emissions. As business leaders in Canada, we look forward to working constructively with you and your cabinet to achieve our energy sector’s potential and our shared goal to position our country as a global energy superpower.

For context, global prosperity will continue to rely on oil and natural gas for decades to come. Regardless of whether absolute global demand will grow or weaken over time, the natural decline of oil and natural gas production requires ongoing investment to replace that decline. Without continued investment, global supply could fall by more than half within 10 years—the question is, in what producing countries will investment occur, and the economic benefits realized? With abundant resources, a strong commitment to environmental stewardship and responsible energy production, it should be Canada, and it should be now. Canada can be a global energy leader and secure long-term economic prosperity.

We have reviewed your platform for governing Canada, particularly your ambition of building the fastest growing economy in the G7. As a major contributor to the Canadian economy, with significant untapped potential, the energy sector must play a pivotal role in your pursuit of this ambition. Growth in the Canadian oil and natural gas sector supports GDP growth, job creation, and tax revenue. Your focus on fostering energy independence and enhancing Canada’s energy infrastructure and clean technology, requires major sector investment and globally competitive energy and carbon policies. Over the last decade, the layering and complexity of energy policies has resulted in a lack of investor confidence and consequently, a barrier to investment – especially when compared to the United States, which is taking steps to simplify its permitting process.

In March, a subset of us wrote to you and the other federal leaders, outlining an urgent action plan needed to support ongoing and future investment from the energy sector in Canada. We note that many of these issues were talked about in your campaign and are of growing interest for Canadians as is evidenced by recent polling. The bullets below reflect our earlier action plan. Beneath each statement we have described opportunities to work together to deliver on our shared objectives.

  • Simplify regulation. The federal government’s Impact Assessment Act and West Coast tanker ban are impeding development and need to be overhauled and simplified. Regulatory processes need to be streamlined, and decisions need to withstand judicial challenges.”
    • Current regulatory processes are complex, unpredictable, subjective, and excessively long. These processes inhibit the ability of industry to make timely investments, add unnecessary costs and create uncertainty within capital markets. Aligned with your proposal to streamline the approval process, industry is committed to working with your government to ensure Canada can grow exports of oil and natural gas to other regions.
  • Commit to firm deadlines for project approvals. The federal government needs to reduce regulatory timelines so that major projects are approved within 6 months of application.”
    • Your proposal to have all federal regulatory authorities complete reviews of nationally significant projects within a two-year timeframe is a positive step, but insufficient. In our opinion, two years is still too long of a period for review and we must target a 6-month approval process to bring capital back to Canada. Additional clarity with regards to provincial jurisdiction is required. We believe that we can work together to accelerate this even further to accomplish urgent economic growth, while maintaining environmental standards and addressing Indigenous rights.
  • Grow production. The federal government’s unlegislated cap on emissions must be eliminated to allow the sector to reach its full potential.”
    • We continue to believe the federal government’s cap on emissions creates uncertainty, is redundant, will limit growth and unnecessarily result in production cuts, and stifle infrastructure investments. Together, we can drive investment into emissions reductions by simplifying the regulatory regime, establishing an attractive fiscal environment, and ensuring carbon policies protect our export industries.
  • Attract investment. The federal carbon levy on large emitters is not globally cost competitive and should be repealed to allow provincial governments to set more suitable carbon regulations.”
    • Recognizing the global nature of oil and natural gas, industry needs clear, competitive, and durable fiscal frameworks, including carbon policy and associated costs, sufficient to secure the required capital and incentivize investment in the sector. The current federal price and stringency trajectory results in uncompetitive costs compared to those we compete with to deliver our products to market.  Additionally, the potential benefits of a federal approach, like consistency across jurisdictions and connected carbon markets, has failed to materialize.  A solution is to revert back to the functioning system where provinces administer the policies and pricing to enable emissions-reduction investments, improve emissions performance, and maintain competitiveness.
  • Incent Indigenous co-investment opportunities. The federal government needs to provide Indigenous loan guarantees at scale so industry may create infrastructure ownership opportunities to increase prosperity for communities and to ensure that Indigenous communities benefit from development.”
    • Your intention of doubling Indigenous Loan Guarantee Program to $10 billion to support infrastructure ownership opportunities and increase prosperity for communities is aligned with our earlier recommendation. That being said, Indigenous loan guarantee programs are only effective if Canada fosters a competitive investment environment. We look forward to working with you on this initiative to grow the prosperity of Indigenous communities and earn their support for our shared ambitions.

The time is now to take action, signaling to the global investment markets that Canada is ready to move forward with achieving our shared vision of Canada as a leading global energy superpower.

We know the decisions in the coming months will have a lasting impact on Canada’s economic sovereignty, economy and global position, and that each of us—governments, industry, and Canadians—has a role to play. We can’t do it without each other.

The energy industry looks forward to working together, with you and your government, on an urgent basis, for the benefit of this country and Canadians nationwide.

Regards,

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Canadian Energy Centre

Canada’s energy leaders send ‘urgent action plan’ to new federal government

Published on

From the Canadian Energy Center

By Deborah Jaremko

38 oil and gas CEOs sign list of shared objectives, opportunities to work together

The CEOs of 38 of Canada’s largest energy companies have a message for the new federal government: after all the discussion on the campaign trail about the need to flex Canada’s role as a global energy superpower, the time is now to take action.

Heads of pipeline majors including Enbridge, TC Energy, Pembina and Inter Pipeline, chiefs of producers such as Canadian Natural Resources, Suncor Energy, Cenovus Energy, Tourmaline and ARC Resources released a joint letter to Prime Minister Mark Carney on April 30 with their “urgent action plan.”

The plan reflects a similar letter sent before the election from 14 heads of industry.

With the list of names more than doubling, the CEOs added their view of opportunities to work together with the federal government “to deliver on our shared objectives.”

“Many of these issues were talked about in your campaign and are of growing interest for Canadians as is evidenced by recent polling,” they wrote.

Here are their five priority areas:

1. Simplify regulation: The federal government’s Impact Assessment Act and West Coast tanker ban are impeding development and need to be overhauled and simplified. Regulatory processes need to be streamlined, and decisions need to withstand judicial challenges.

2. Commit to firm deadlines for project approvals: The federal government needs to reduce regulatory timelines so that major projects are approved within six months of application.

3. Grow production: The federal government’s unlegislated cap on emissions must be eliminated to allow the sector to reach its full potential.

4. Attract investment: The federal carbon levy on large emitters is not globally cost competitive and should be repealed to allow provincial governments to set more suitable carbon regulations.

5. Incent Indigenous co-investment opportunities: The federal government needs to provide Indigenous loan guarantees at scale so industry may create infrastructure ownership opportunities to increase prosperity for communities and to ensure that Indigenous communities benefit from development.

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