Climate 411

4 undeniable signs we’re making progress on climate change

By / Bio / Published: September 11, 2015

Seven months ago, I made a strong statement that may have left some people shaking their heads. I said that we can turn the corner on climate change – end the centuries-long rise in greenhouse gas emissions and see them peak and begin to decline – in just five short years.

As it turns out, 2015 is shaping up to be a year of giant steps toward that goal.

In a deeply reported New York Magazine piece, political writer Jonathan Chait calls it “the year humans finally got serious about saving themselves.” Says Chait, “The world is suddenly responding to the climate emergency with – by the standards of its previous behavior – astonishing speed.”

I agree. Here are four reasons I believe we’re headed in the right direction:

1. America is tackling greenhouse gas pollution

The United States remains among the world’s largest per-capita emitters of carbon dioxide and other heat-trapping pollutants. But thanks to this year’s action by the Environmental Protection Agency, America now has a Clean Power Plan that will cut emissions from power plants, our single largest source of carbon, by 32 percent over the next 15 years.

The era of unlimited climate pollution is over.

On the heels of the EPA’s Clean Power Plan came a proposed rule to cut methane from newly built facilities in the oil and gas industry. More needs to be done, but this is an important step in dealing with a potent greenhouse gas that accounts for 25 percent of Earth’s current warming.

These climate laws will help the U.S. meet our target to reduce emissions by 26-28 percent below 2005 levels by 2025, a commitment we made to the international community that is key to getting other large polluters to do their share.

We’ll need further reductions, but this is a very significant start.

2. China is building momentum for global action

The world’s No. 1 greenhouse gas emitter, China submitted its climate plan to the United Nations in June, confirming it will let emissions peak by 2030 – and possibly sooner. I know from my colleague Dan Dudek in China that “sooner” is possible because this is a country that’s serious about climate action.

Pollution is choking Chinese cities and threatening economic growth, but the country’s leaders also see opportunity in the emerging clean energy industry. China has pledged to have 20 percent of its energy come from wind, solar and other non-fossil energy sources within 15 years – a massive investment in a nation of 1.4 billion.

This year alone, China is expected to add 18 gigawatts of new solar capacity. By comparison, the U.S. recently surpassed 20 gigawatts total.

To have China and the U.S. making such significant commitments has transformed the dynamic going into the U.N. climate summit in Paris. Instead of making excuses for inaction, the leading emitters have launched a virtuous cycle of increasing ambition.

That changes everything.

3. Clean energy is lifting people out of poverty

One billion people worldwide still have no energy, and more than 1 billion live in extreme poverty. Turning the corner on climate cannot mean that economies can’t develop.

But just as some developing economies adopted cellular technology without ever having land lines, some will leap-frog the dirty energy phase of economic development and go straight to clean.

In fiscal 2014, the World Bank more than doubled lending for renewable energy projects to nearly $3.6 billion – or 38 percent of its total energy lending.

As Rachel Kyte, the bank’s vice president and special envoy for climate change, recently said, what poverty-stricken people of the world need now is a “a low-carbon revolution.”

And this is starting to happen. In 2014, the emerging economies of China, India, Brazil and South Africa invested $131 billion in clean energy, just 6 percent less than the developed world did.

4. Pope Francis is galvanizing world opinion 

When Pope Francis released his much-anticipated encyclical on environmental stewardship in June, he made an urgent moral appeal to the world.

As my colleague Paul Stinson noted at the time, “A leading voice without political boundaries, the pope has the ability to reach people who previously could not or would not face the reality of climate change.”

Pope Francis called on us to push harder to replace fossil fuel with renewable energy sources – and people are listening.

The day he speaks to Congress later this month, a climate rally is expected to draw many thousands to the nation’s capital in a unified call for action. Environmental Defense Fund will be there, too.

The momentum is growing. We’re on our way to turn the corner on climate change – and the race of our lives is on.

This post originally appeared on our EDF Voices blog.

Also posted in Clean Power Plan, Energy, Greenhouse Gas Emissions, International, Policy, Science, Setting the Facts Straight / Comments are closed

How the Clean Power Plan Can Benefit Latino Communities

By / Bio / Published: August 27, 2015

rp_CPP-Latinos-Final-300x300.jpgEarlier this month, the United States announced a major step forward in addressing air quality concerns and climate change threats to Latinos.  I’m talking about the Clean Power Plan, which establishes the first-ever national limits on carbon pollution from powerplants and places us on a path to heed Pope Francis’s call to protect our planet.

Unfortunately, critics began attacking the plan even before it was final.  Some of these attacks have targeted the Latino community in particular, arguing that the Clean Power Plan will disproportionately and negatively harm Latinos.  These are baseless claims and arguments that have been debunked by experts.

When the Clean Power Plan takes full effect, Latinos will be among the many Americans who will share in the benefits of a cleaner, healthier future that also affords us good jobs and energy savings. Read More »

Also posted in Clean Power Plan, Green Jobs, Latino partnerships, Policy / Comments are closed

3 Ways the Clean Power Plan Will Strengthen Our Economy

By / Bio / Twitter profile / Published: August 11, 2015

cleanenergymarket_378x235_0(This post originally appeared on EDF’s Energy Exchange blog)

On Monday, the Environmental Protection Agency (EPA) announced the Clean Power Plan, the first initiative of its kind to curb carbon dioxide (CO2) emissions from existing U.S. power plants. By improving air quality, the plan promises to prevent 90,000 childhood asthma attacks and avoid up to 3,600 premature deaths each year – without compromising economic growth. In fact, the Clean Power Plan is an incredible economic opportunity that states can’t afford to miss.

By limiting power plants’ “free pass” to pollute, EPA projects their Plan will deliver billions of dollars in environmental and public health benefits each year – and that’s just the start. Here are three ways in which the Clean Power Plan will work to strengthen states’ economies and accelerate many of the clean energy trends already underway:

1) It will pave the way for hundreds of thousands of clean energy jobs.

The clean energy economy is already delivering more quality jobs than the fossil fuel industry. Solar energy, for example, now employs more Americans than coal mining – 142,698 versus 89,838 – while the entire renewables industry employed over 700,000 Americans in 2014. Furthermore, one dollar invested in clean energy today creates three times as many jobs as a dollar invested in fossil fuels.  And under the Clean Power Plan, this trend will accelerate with the potential to create a quarter-million jobs by 2040. That’s because many states will choose to comply with EPA regulations by ramping up renewable energy – an industry that is more labor-intensive and creates more jobs per dollar invested than the highly-mechanized fossil fuel industry. Clean energy installation also relies more heavily on local workers, increasing the amount of locally-invested dollars and related economic benefits to communities (in contrast to coal plants, whose investments are mostly funneled to out-of-state mining companies).

2) It will lower household electricity bills.

One powerful way states can choose to implement the Clean Power Plan is by employing more energy efficiency and renewable energy resources. Energy conservation could include everything from state-wide weatherization programs to smart electricity pricing – like demand response and time-of-use-pricing, which work to save people electricity and money. Because after all, the cheapest kind of electricity is the kind we don’t use in the first place. EPA projects that the Clean Power Plan’s flexible framework will enable a total of $155 billion in electricity savings between 2020-2030 – reducing enough energy to power 30 million homes. And, EPA went one step further to ensure these energy savings reach the communities that need them most. Through the Clean Energy Incentive Program, the Clean Power Plan prioritizes early investment in energy efficiency projects in low-income communities by rewarding states for implementing these programs.  These incentives, along with the plummeting cost of renewables like solar, will make clean energy solutions the increasingly affordable compliance option. According to the EPA, this means that by 2030, when the Plan is fully implemented, electricity bills are expected to be roughly seven percent lower than they would be without any state action. Put another way, U.S. families will be saving on average $85 a year on their electricity bills. And that’s money they can pump back into our economy.

Click to Enlarge

3) It will spur greater technology innovation and entrepreneurship.

EPA’s plan – once implemented – will send a strong market signal to entrepreneurs, businesses, and venture capitalists to move full-steam ahead with new, clean energy innovations. Under current market conditions, the advanced energy economy is already outpacing the U.S. airline industry, and roughly equal to the pharmaceutical business – and this growth will be accelerated under the Clean Power Plan. History has proven that these kind of smart, commonsense energy policies spur economic growth and innovation. In California, for example, since the passage of AB 32 (the state’s carbon pollution-reduction law), cleantech jobs alone have grown ten times faster than in other sector over the past decade, and since 2006, the state has seen investments of $27 billion in clean energy venture capital. California experienced this remarkable growth all while lowering its carbon emissions. Under the Clean Power Plan, we can do this on the national scale too with the right market signals.

Political support for a thriving industry

EPA’s Clean Power Plan provides states with tremendous flexibility in deciding how to achieve their emission reduction targets, in ways that build upon our already-thriving clean energy economy. Most states have already taken great strides towards meeting the Clean Power Plan’s targets, making them well-positioned to meet regulations by the newly-extended 2022 deadline. Whether a state’s economy thrives is a matter of the choices by state policy makers.

I think my friend and colleague, Fred Krupp sums up this economic opportunity best:

The states that join this race first, and run it the fastest, will win both more investment in clean technologies and less air pollution for their communities. No single step will fix climate change, but the Clean Power Plan is also a catalyst for more and quicker pollution reductions in the future, as we continue to innovate and grow the economy.

The Clean Power Plan is an important step toward establishing policies that will bolster and encourage our existing clean energy economy. We have the tools, technology, and innovation to turn the corner on climate change – we welcome the regulations to support them.

Photo Source: Duke Energy

Also posted in Clean Power Plan, Energy, Green Jobs, Greenhouse Gas Emissions, Jobs, News, Policy / Comments are closed

Why “Just Say No” is Just Plain Wrong: the Sound Legal Basis for the Clean Power Plan

By / Bio / Published: August 1, 2015
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Kentucky power plant. Photo by Cindy Cornett Seigle/Flickr

The U.S. Environmental Protection Agency (EPA) will soon finalize the Clean Power Plan — a suite of historic Clean Air Act standards that will establish the first nationwide limits on carbon pollution from America’s fossil fuel-fired power plants. Rigorous carbon pollution standards for the nation’s power sector will yield immense benefits for the health of our families and communities, for the American economy, and for a safer climate for our children.

Yet in the months leading up to the release of the Clean Power Plan clean air standards, coal companies and other entities that oppose reasonable limits on carbon pollution have lobbed a series of flawed and failed lawsuits directed at stopping EPA from finishing its work. Now, some power companies and their allies have concocted new – and equally misguided – attacks against the Clean Power Plan.

They’ve been suggesting that the U.S. Supreme Court’s recent decision in the Mercury and Air Toxics Standards case, which held that EPA must take costs into account when making a threshold decision whether to proceed with emissions limits on toxic pollution was a blow against the Clean Power Plan. They’ve also been arguing that states should “Just Say No” to developing plans for implementing the Clean Power Plan’s vital protections to limit carbon pollution for climate and public health.

As we explain below, these critics are flat wrong – on the meaning of the Supreme Court’s decision, on the decision’s implications for the Clean Power Plan, and on the validity of “just saying no.”

Climate and Public Health Benefits of the Clean Power Plan

Before turning to the Supreme Court’s decision, let’s make one thing clear — the “Just Say No” camp is urging states to condemn our families and communities to a future of unlimited carbon pollution and compromised public health. They’re also urging us to forego a tremendous economic opportunity associated with the race to deploy more clean energy solutions, drive down pollution, and increase jobs.

The Clean Power Plan is expected to bring historic health and environmental benefits, both in the near term and for future generations. As proposed, the Clean Power Plan would significantly reduce carbon pollution from the nation’s largest source – existing fossil fuel power plants that account for nearly 40 percent of U.S. carbon dioxide emissions. Reductions of other harmful pollutants will be just as profound. Based on the proposed rule, EPA estimates that by 2030, when the Clean Power Plan is fully in effect, power sector emissions of sulfur dioxide, nitrogen oxides, and particular matter will be reduced by almost 30 percent compared to a business-as-usual scenario. Significant reductions would begin to take place many years earlier.

That means thousands of avoided deaths, heart attacks, and childhood asthma attacks each year — all by the time a child born today starts kindergarten. EPA estimates that the climate and public health benefits of the proposed Clean Power Plan would have an economic value of up to $93 billion per year by 2030 – or as much as eleven dollars for every dollar spent on compliance.

The Supreme Court Mercury Decision and the Clean Power Plan

Yet some opponents of the Clean Power Plan, including Senate Majority Leader Mitch McConnell (R-KY) and large polluters, are urging states to hold off on implementing the Clean Power Plan. They claim — falsely — that the Supreme Court invalidated the Mercury and Air Toxics Standards when it decided Michigan v. EPA, so it was a waste of money for power plants to have complied with the Mercury standards. They say the same thing might happen with the Clean Power Plan.

That’s just plain wrong.

The Supreme Court did not invalidate the Mercury and Air Toxics Standards. The Court only held that EPA should have taken into account the costs of the standards when the Agency made its initial legal determination that it is “appropriate and necessary” to regulate mercury and other air toxics from power plants. As examined below, EPA considered costs in establishing the resulting emissions standards. Further, the Mercury and Air Toxics Standards remain in effect after the Court’s decision, and power plants are still required to comply. (The case now goes back to a lower court for further consideration).

In the coming weeks and months, EPA will respond to Michigan v. EPA. There is every reason to believe EPA can quickly amend its “appropriate and necessary” finding to address the Supreme Court’s decision, without affecting the substance of the Mercury and Air Toxics Standards. This is because EPA has already conducted an extensive review of both the costs and benefits of the standards, and that review contains overwhelming evidence that the benefits of the Mercury and Air Toxics Standards are vastly disproportionate to the costs.

Controlling air toxics for power plants, for example, will have the important benefit of reducing human exposure to harmful particulate matter – helping prevent 11,000 premature deaths, 4,700 heart attacks, and 130,000 asthma attacks each year. These “co-benefits” have an estimated value of up to $90 billion per year, or up to nine dollars for every dollar projected to be spent on compliance. That figure does not even take into account the critical benefits associated with reduced exposure to the neurotoxic and carcinogenic pollutants regulated under the Mercury and Air Toxics Standards, all of which are emitted by the power sector in huge quantities, and all of which will be dramatically reduced as a result of the standards. There is no question that the Mercury and Air Toxics Standards are “appropriate and necessary” even when costs are considered.

Moreover, the courts will almost certainly keep the Mercury and Air Toxics Standards in place during the interim period while EPA responds to the Supreme Court’s decision. This is a common course of action when the courts find that EPA needs to go back and address legal or technical issues in a Clean Air Act regulation – especially in the situation we face with the Mercury and Air Toxics Standards, where the issues are straightforward to resolve and there are significant public health protections at stake.

The Clean Power Plan — Different Rule, Different Issues

Polluters and their allies are even more off-base when it comes to the impacts of the latest Supreme Court decision on the Clean Power Plan.

The Mercury and Air Toxics Standards case was about a narrow interpretive issue in section 112 of the Clean Air Act — whether EPA had to consider costs in its “appropriate and necessary” finding. Unlike the Mercury and Air Toxics Standards, the Clean Power Plan is authorized by section 111 of the Clean Air Act. Section 111 contains no reference to an “appropriate and necessary” finding. So the Supreme Court’s interpretation of section 112 doesn’t have any direct relevance to section 111.

Under section 111, EPA does have to make a threshold finding that a source category “contributes significantly to air pollution which may reasonably be anticipated to endanger public health or welfare.” EPA already made this finding when it first issued section 111 standards for power plants back in the 1970’s. In 2009, EPA made a further finding that carbon dioxide and other greenhouse gases “endanger public health and welfare” – a finding that the courts subsequently upheld against numerous industry challenges.

It’s also clear that EPA has considered costs extensively throughout the rulemaking process for the Clean Power Plan, as section 111 requires. As noted above, EPA found that the total benefits of the proposed Clean Power Plan exceed compliance costs by a wide margin. This remains true even when considering the climate and public health benefits separately — EPA’s central estimate of the climate benefits alone is $31 billion per year by 2030, or over three –and-a-half-times the cost of compliance. The public health benefits in that same year are valued at an additional $27 to 62 billion.

Cost considerations are woven into the structure of the proposed Clean Power Plan, which maximizes flexibility to enable compliance using the most cost-effective methods available. Indeed, EPA’s approach is vastly less expensive than the “end of the pipe” solutions some of the Clean Power Plan’s opponents claim are the better approach under the law.

Legal Experts Confirm the Strong Legal Basis for the Clean Power Plan

The cynical premise of the “Just Say No” campaign also ignores the chorus of influential legal experts who have affirmed the strong legal basis for the Clean Power Plan. Leading law enforcement officials, former EPA officials, and prominent legal scholars have concluded that the Clean Power Plan is firmly within EPA’s long-standing authority under the Clean Air Act.

A few illustrative statements include:

The Text, Structure, and History of the Clean Air Act Confirm EPA’s Authority to Regulate Carbon Dioxide Emissions from Power Plants Under Section 111(d). —Attorneys General of the States of New York, California, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia, in brief filed in Murray Energy Corp. v. Environmental Protection Agency, No. 14-1112 (D.C. Cir. Dec. 23, 2014)

The EPA has authority under the 1990 Clean Air Act, an authority affirmed by the U.S. Supreme Court, to set these public health protections against carbon pollution. — Carol M. Browner (EPA Administrator under the Clinton Administration) & Alex Laskey, With New Power Plant Rules, Energy Efficiency Checks All the Boxes

Critics of the [Clean Power Plan] say that President Obama is making an end run around Congress, stretching the law to achieve by executive action what he could not accomplish through the legislative branch. This is flat wrong. More than four decades ago, Congress expressed its clear desire to regulate pollution from power plants, in the form of the Clean Air Act. I know, because I worked on the legislation, including the key part of the act—Section 111—that the Obama administration is using to justify its move. — Leon Billings, The Obscure 1970 Compromise That Made Obama’s Climate Rules Possible

Limiting Greenhouse Gas emissions from existing power plants is the next logical step after the Supreme Court and other courts have upheld EPA’s authority and obligation to address this issue. A system-wide approach provides needed flexibility and reduces costs, as well as encouraging investment in lower-emitting generation. EPA has wisely left the states a lot of discretion rather than mandating specific measures as some had wanted. – E. Donald Elliott, EPA General Counsel under President George H.W. Bush, Obama’s Section 111d Plan Has Support From George H.W. Bush’s EPA General Counsel, Utility Executives

EPA’s approach is neither unprecedented nor unlimited. Since 1970, the [Clean Air Act] has called on states to make policy choices and use their governmental powers in the manner that this rule might require. Indeed, many of the policy choices needed to comply with EPA’s proposal would stem from the special characteristics of the electricity market and not from any new EPA initiative. — William F. Pedersen, Senior Counsel, Perkins Coie, Does EPA’s §111(d) Proposal Rely on an Unprecedented and Legally Forbidden Approach to Emission Reduction?, Environmental Law Reporter (April 2015)

There is just case law building on case law that says, [the Clean Power Plan] is perfectly constitutional. — Prof. Jody Freeman, Harvard Law School, Harvard Law’s Lazarus and Freeman discuss federal court Power Plan hearing, Tribe arguments,E&ENews PM (April 20, 2015)

Clean Air Act regulations of existing power plants implemented by presidents of both parties over the past quarter of a century have achieved vitally important protections for public health and the environment through regulatory tools carefully designed to minimize costs. By following in the footsteps of earlier rules, the Clean Power Plan could be similarly transformative. The claim that it is unprecedented and unconstitutional is wrong on the facts and wrong on the law. – Ricky Revesz, Dean Emeritus and Lawrence King Professor of Law, NYU School of Law, Obama’s professor on Clean Power Plan – Wrong on the facts and law

EPA’s Strong Record of Success in Defending Clean Air Act Rules

Proponents of the “Just Say No” campaign also hope that the public will overlook EPA’s strong track record of success in defending Clean Air Act rules in the nation’s federal courts.  Indeed, almost all of the major Clean Air Act rules that have so successfully protected human health and the environment in recent years have undergone intense legal challenges – and most of these challenges have failed.

Consider these recent examples:

  • EPA v. EME Homer City Generation (U.S. Supreme Court, 2014) — In a major victory for EPA, the Supreme Court reversed a D.C. Circuit decision invalidating the Cross-State Air Pollution Rule.  
  • Utility Air Regulatory Group v. EPA (U.S. Supreme Court, 2014) — The Supreme Court upheld EPA’s interpretation of the Clean Air Act requiring that new and modified industrial facilities obtain permits limiting their emissions of greenhouse gases to reflect “best available control technology.” The Court did rule against EPA on the question of whether the “best available control technology” requirement applies to smaller facilities. However, EPA itself had concluded those requirements would pose serious practical problems and yield relatively small pollution control benefits.
  • Coalition for Responsible Regulation v. EPA (D.C. Circuit, 2012) — The D.C. Circuit Court of Appeals upheld EPA’s science-based finding that climate pollution endangers public health and welfare, and EPA’s first generation of greenhouse gas emission standards for passenger vehicles. The Supreme Court declined to review either of these critical holdings, laying the groundwork for subsequent rules reducing greenhouse gas emissions from passenger vehicles and medium and heavy duty trucks.
  • Delta Construction Co. v. EPA (D.C. Circuit, 2015) – The D.C. Circuit dismissed, on procedural grounds, multiple legal challenges to EPA’s first greenhouse gas standards for medium and heavy duty vehicles.
  • National Association of Manufacturers v. EPA (U.S. Court of Appeals for the D.C. Circuit, 2014) — EPA fended off challenges to the National Ambient Air Quality Standards for particulate matter (better known as soot).

The health and environmental benefits of the Clean Power Plan will be invaluable. As EPA prepares for the inevitable legal attacks, it has a strong legal foundation and a track record of litigation success. Nothing about the Mercury and Air Toxics Standards decision changed that.

Also posted in Clean Power Plan, Climate Change Legislation, Health, News, Policy / Read 1 Response

The Mercury Standards, Post-Supreme Court – Still in Effect, Still Protecting Americans

By / Bio / Published: July 2, 2015
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Supreme Court of the United States

The U.S. Environmental Protection Agency (EPA) first proposed the Mercury and Air Toxics Standards back in 2011, at a news conference at Children’s Hospital with cheering children and families surrounding the speakers.

They were cheering because the Mercury Standards were the single most important clean air measure of our generation – designed to protect Americans from some of the worst, most dangerous types of air pollution.

They still are.

This week’s disappointing Supreme Court decision, remanding the standards back to the D.C. Circuit Court for further analysis, has distracted from that fact.

But the fact remains – the Mercury and Air Toxics Standards are a suite of life-saving protections against some of the most health-harming substances emitted by coal and oil-fired power plants, including mercury, arsenic and other heavy metals, and acid gases.

Here’s What Happened

Coal- and oil-fired power plants are by far the largest emitters of these pollutants, which are dangerous to human health even in small doses. Mercury causes brain damage in children, metal toxics like chromium and nickel cause cancer, and acid gases cause respiratory problems.

This week, the Supreme Court held that EPA should have considered the costs of regulation when it made a threshold determination under section 112 of the Clean Air Act that it is “appropriate and necessary” to move forward with the first-ever national limits for these noxious emissions. It is now up to EPA to determine the best way to respond to the decision.

(The case was Michigan v. EPA. EDF was a party to the case. You can read the decision and the sharp dissent here.)

What does the Supreme Court ruling mean for the Mercury Air Toxics Standards?

Here are three important things you should know.

First — there is every reason to believe EPA can quickly amend its “appropriate and necessary” finding to address the Supreme Court’s decision, without affecting the substance of the Mercury and Air Toxics Standards themselves.

Importantly, the Court left it up to EPA to determine how to evaluate costs and how to weigh those costs against the benefits of regulation. As the Court’s opinion acknowledged, EPA has already conducted an extensive review of both the costs and benefits of the Mercury and Air Toxics Standards as part of the regulatory analyses most agencies carry out under Executive Order 12866. That analysis contains overwhelming evidence showing that the benefits of MATS far outweigh its costs.

According to EPA, the monetized benefits of the Mercury and Air Toxics are expected to be up to $90 billion per year.

That amount reflects the enormous health benefits Americans will get from the standards. EPA estimates that they will prevent 11,000 premature deaths, up to 4,700 heart attacks, and up to 130,000 asthma attacks each year.

There are substantial and additional non-monetized benefits associated with reduced exposure to mercury and other harmful pollutants regulated by the Mercury and Air Toxics Standards.

Moreover, in spite of the power industry’s claims, reducing these emissions has proven much less expensive than initially projected. Major power companies such as AEP, NRG, and FirstEnergy have been reporting to their investors that the costs of the Mercury and Air Toxics Standards are as much as 70 percent lower than they first estimated.

The bottom line is that the Mercury and Air Toxics Standards are an extraordinarily beneficial public health measure and are providing healthier, longer lives for millions of Americans at a fraction of the costs predicted.

Second — the Mercury and Air Toxics Standards can and should continue to be implemented while EPA amends its “appropriate and necessary finding.”

The Supreme Court’s opinion did not prohibit the implementation of the Mercury and Air Toxics Standards – and in the past, the appellate courts have often allowed Clean Air Act regulations to remain in place while EPA amends them to address technical or legal issues.  

In this case, a large majority of American power plants are already in compliance with the Mercury and Air Toxics Standards — in many instances because they have been upgrading pollution controls to comply with state emission standards or other Clean Air Act requirements.  M.J. Bradley & Associates recently estimated that about 70 percent of the U.S. coal fleet had installed pollution controls to comply with the standards by the April 2015 deadline. In addition, a substantial number of plants have received one-year extensions to this compliance deadline and are now working to install pollution controls by April 2016.

Given the importance of the Mercury and Air Toxics Standards to public health, and the overwhelming likelihood that EPA will be able to quickly address the Court’s decision, there is no reason that power plants should be allowed to delay installing pollution controls or cease operating already-installed pollution controls.

Third – the Supreme Court decision has no adverse implications for EPA’s Clean Power Plan – despite the wild claims being made by some opponents of these vital limits on carbon pollution from power plants.

The Mercury and Air Toxics Standards and the Clean Power Plan are based on entirely separate Clean Air Act authorities that reside in separate parts of the statute. The authority EPA is acting on to develop the Clean Power Plan expressly provides for the consideration of costs, and EPA has carefully taken costs into account in the Clean Power Plan in the manner required by the statute. Thus, claims that the ruling on the Mercury and Air Toxics Standards should somehow cast doubt on the legality of the Clean Power Plan are severely misguided.

Summing It Up

Marian Burton, president of the American Academy of Pediatrics, summed it up perfectly back in 2011, when the Mercury and Air Toxics Standards were first proposed:

Dirty air makes children sick … If you think it’s an expensive process to put a scrubber on a smokestack, you should see how much it costs over a lifetime to treat a child with a preventable birth defect.

That’s why hundreds of thousands of Americans sent comments to EPA in support of the Mercury and Air Toxics Standards.

It’s why EDF and so many other health, environmental, and social justice groups will go back to the D.C. Circuit Court to defend the standards.

We’ll keep fighting to make sure the Mercury and Air Toxics Standards are fully implemented so we can realize the promise of the Clean Air Act — and make sure all Americans have safe, healthy air to breathe.

Also posted in EPA litgation, Health, News, Policy / Comments are closed

NERC’s Report is Flawed: We Can Reduce Climate Pollution and Ensure Electric Reliability

By / Bio / Twitter profile / Published: April 28, 2015

power-poles-503935_1920If reducing climate pollution from power plants were a football game, the U.S. team would be halfway to the goal line while fans were still singing the national anthem.

That is, we have already gotten about halfway to the expected goals of the Clean Power Plan – before the rule is even final.

The Clean Power Plan is the U.S. Environmental Protection Agency’s (EPA) historic effort to place the first-ever limits on climate pollution from our country’s existing fleet of fossil fuel-fired power plants. When it’s finalized this summer, it’s expected to call for a 30 percent reduction in carbon emissions compared to 2005 levels — but U.S. power plant emissions have already fallen 15 percent compared to 2005 levels.

That’s because renewable energy, energy efficiency resources, and natural gas generation have been steadily deployed and growing for years. Even conservative estimates forecast continued growth of these resources — which makes last week’s report from the North American Electric Reliability Corporation (NERC) seem really strange.

NERC’s report about the Clean Power Plan’s impacts on electric grid reliability makes predictions that starkly contrast from the progress we’re already seeing.

How did this departure from reality happen?

It’s due in large part to severely flawed assumptions underlying NERC’s analysis, which yield unrealistic results.

Those flawed assumptions cause NERC to greatly overstate the generation mix changes required to meet the Clean Power Plan. The NERC Assessment’s assumptions regarding energy efficiency, renewable energy deployment, and retirement modeling are at odds with both recent experience and current trends.

Unrealistically Low Energy Efficiency Gains

NERC assumes that demand for electricity will grow at an average of one percent per year through 2030, even after accounting for growth in energy efficiency investments. That growth rate is more than 40 percent higher than the U.S. Energy Information Administration (EIA) predicts.

It also fails to reflect likely energy efficiency growth. An analysis by McKinsey & Company found that implementing only those efficiency measures that pay for themselves would reduce the nation’s total end-use energy consumption by 23 percent by 2020.

Arbitrary and Unrealistic Projections on Wind and Solar Expansion  

NERC predicts expansions of wind and solar power that are far below those observed in recent years.

U.S. solar capacity stood at 20.5 gigawatts at the end of 2014. The NERC Assessment predicts an addition of 13 to 20 gigawatts of solar energy between 2016 and 2030 — when solar capacity is expected to grow by 20 gigawatts over the next two years alone.

The U.S. wind industry is also expected to add 18 gigawatts of new capacity in the next two years.

NERC’s low-ball assumptions greatly limit renewable energy deployment in their study. This in turn greatly increases the burden on other compliance options, namely coal-to-gas generation shifting.

Failure to Account for Dynamic Grid Reliability Management Tools

NERC assumes that the Clean Power Plan will drive coal power plant retirements over its entire life-span. However, numerous studies — including one by the Brattle Group and three by the Analysis Group, show that total output and emissions from coal units can decrease without retiring units that are needed to operate on occasion in order to maintain electric reliability.

There are also numerous tools and processes available to grid operators to ensure reliability in light of dynamic market, technological and regulatory change, including capacity and energy markets, resource adequacy forecasting, and reliability must-run contracts.

These instruments, for example, have worked well to maintain adequate capacity during the recent wave of coal-fired power plant retirements, so much so that the electric grid has added an average of roughly 30 gigawatts of total power every year since 2000. The NERC Assessment, however, finds only 11 to12 gigawatts of total power will be added every year – a significant departure from the past 15 years of evidence.

A History of Inaccurate Assessments

This report is not the first time that NERC has issued an inaccurate assessment of threats to reliability.

NERC has assessed previous public health and environmental safeguards, each time raising reliability concerns that were not borne out in reality.

  • In 2011, NERC issued its Long-Term Reliability Assessment, which looked at the Mercury and Air Toxics Standards, the Cross State Air Pollution Rule, the Clean Water Act Cooling Water Intake Structures rule, and the Coal Combustion Residuals rule. NERC raised numerous reliability concerns about these protections, which the EPA noted at the time were flawed and exaggerated. None of NERC’s concerns have manifested during implementation of these standards.
  • In a 2011 companion study, NERC issued its Potential Impacts of Future Environmental Regulations about the Mercury and Air Toxics Standards and a number of other regulations. NERC again raised reliability concerns, none of which have occurred in practice.
  • In its 2007 Long-Term Reliability Assessment, NERC predicted several regions, including New England and New York State, would drop below target capacity margins, threatening reliability. NERC’s prediction was based on a number of factors, including proposed environmental protections. Some power generators used the report to oppose to the Regional Greenhouse Gas Initiative. NERC’s predicted reliability shortfalls did not occur, nor has the Regional Greenhouse Gas Initiative caused reliability issues – even while emissions fell almost 50 percent below the region-wide emissions cap.
  • In 2000, NERC drafted a review of EPA’s nitrogen oxide emissions standards for eastern power plants, knows as the NOx SIP Call. Yet again, NERC predicted a number of reliability concerns that did not occur after the rule was implemented.

NERC has repeatedly produced analyses indicating that public health and environmental safeguards will come at the expense of electric reliability – and these analyses have consistently been contradicted by reality. In fact, emission standards have never caused a reliability problem in the more than four decades that EPA has been administering the Clean Air Act.

NERC’s newest report is no better. It gives no solid reasons to doubt that the Clean Power Plan will be compatible with a reliable electric grid.  

For a clearer picture of the link between reliability and environmental protections, read this post by my colleague Cheryl Roberto, a former Commissioner of the Ohio Public Utilities Commission and electric system operator.

You might also like EDF’s fact sheet about the Clean Power Plan and the latest flawed NERC report.

The progress made in the past demonstrates that our nation is already approaching the goal line under the Clean Power Plan. The tremendous flexibility that the Clean Power Plan provides to states and power companies alike, together with time-tested grid management tools, provides the framework we need to reach the goal line — protecting our communities and families from dangerous carbon pollution, strengthening our economy, and providing a steady flow of cost-effective electricity.

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