Washington loves controversy. And critics are undoubtedly clucking right now about the Trump administration’s plan to replace the Clean Power Plan with a modified effort. But the administration deserves credit for updating the plan, rather than scrapping it entirely.
For starters, the CPP envisioned by President Barack Obama represented a massive overreach of the EPA’s authority under the Clean Air Act. Instead of addressing individual power plants, the Obama administration simply mandated wholesale changes to large swaths of America’s power grid. The Supreme Court found this problematic, though, and issued an unprecedented stay of the rule while a lower court was reviewing it.
It wasn’t just the EPA’s intrusion into the way individual states generate electricity, however. There also was the incredibly high price tag. According to a study by Energy Ventures Analysis (EVA), the CPP would have forced the closure of enough generating capacity to power 24 million homes. This would have cost consumers an estimated $214 billion in additional electricity costs between 2022 and 2030, plus $64 billion for replacement infrastructure. Such a massive expense prompted 27 states to challenge the rule, and a bipartisan majority of Congress to formally state their disapproval.
What the Trump administration is now attempting with its “Affordable Clean Energy” (ACE) rule is to focus on improvements for existing plants. This is a far more lawful approach, and it means the EPA will respect both the boundaries established under the Clean Air Act and the ability of individual states to securely generate electricity.
Essentially, the new rule means the administration wants to innovate and upgrade existing facilities, rather than scrap them. There’s precedent for this, since extensive investments in environmental controls for America’s coal fleet already have reduced emissions of sulfur dioxide, nitrogen oxide and particulate matter by 92 percent per kilowatt-hour (kWh) since 1970. Utilities have invested more than $127 billion in emissions technologies through 2018, and also are expected to spend an additional $5 billion through 2020.
Yes, the Trump administration has waded into a complex and controversial issue. But they’ve taken a prudent approach to help states generate electricity safely, reliably and affordably. More can be done to scale up wind and solar power, for example. But that should be encouraged alongside advances in coal technologies that can further improve safety.
• Terry M. Jarrett is an energy attorney and consultant who has served on both the National Association of Regulatory Utility Commissioners and the Missouri Public Service Commission.