Stakeholders warn EPA rules could send West Virginia energy industry up in smoke

WASHINGTON (WV News) — Sen. Shelley Moore Capito, R-W.Va., wants more time to fight the U.S. Environmental Protection Agency’s proposed power plant regulations.

The agency recently extended the public comment period for its proposed power plant regulations by 15 days — far less time than stakeholders had requested, said Capito.

“I’m concerned that the EPA could only give us another 15 days,” she said Thursday during her weekly press briefing. “We asked for measurably more time and so did a lot of stakeholders — both on the environmental side and also on the power side,” she said.

The comment period is now slated to end Aug. 8 instead of July 24, according to the EPA.

The regulations would cause “a lot of damages” if they go into effect, Capito said.

“I think we should have a lot of time to consider it,” she said. “More time.”

Capito recently partnered with Rep. Carol Miller, R-W.Va., on the Protect Our Power Plants Act, which the pair have introduced in the Senate and House, respectively.

“Carol and I are saying, ‘stop with the overreach,’” Capito said. “This bill would help energy-producing communities, would help West Virginia workers, helps keep our (electrical) grid more robustly provided, but also keeps our power rates within reason.”

The bill is intended to push back on the “illegalities of the EPA’s latest proposal,” according to a joint press release issued Monday.

“The EPA has overstepped their role and is waging war on power plants across the United States,” said Miller in the statement. “The Biden administration and Washington Democrats continue to shut down domestic energy production in the name of their Green New Deal agenda while the United States should be focused on maintaining its energy dominance.”

The West Virginia Coal Association issued a statement thanking Capito and Miller for their efforts.

“Thank you, Sen. Capito and Congresswoman Miller, for your unwavering support of West Virginia’s coal and fossil fuel industries. The Protect Our Power Plants Act, if passed into law, will prevent the EPA from implementing its recently announced proposal that would force the closure of coal- and gas-fired power plants,” said President and CEO Chris Hamilton.

The EPA’s proposal — titled “New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule” — was released at the end of May.

It would require coal and natural gas-fired electrical generation facilities to capture or dramatically reduce carbon emissions in the years ahead and would impact gas-fired combustion turbines, existing coal, oil and gas-fired steam generating units, and certain existing gas-fired combustion turbines.

The day the rules were announced, Capito said they would result in the closing of West Virginia’s remaining coal power plants.

“The president’s EPA announced earlier today new regulations that will cause essentially all of our coal-fired power plants — which generate 90% of our electricity in our state — to close by 2032,” she said.

The same day, Gov. Jim Justice said he planned to “urge” state Attorney General Patrick Morrisey to lead a legal challenge against the rules.

“Without any question, I will absolutely urge our attorney general — Patrick will do a good job with regard to this,” he said. “I will urge anybody and everybody to challenge through our court system or whatever it may be to absolutely see that this doesn’t come to pass.”

The EPA has said its proposed standards would dramatically reduce emissions in the years ahead if they are implemented.

“By proposing new standards for fossil fuel-fired power plants, EPA is delivering on its mission to reduce harmful pollution that threatens people’s health and well-being,” EPA Administrator Michael Regan said.

West Virginia was the nation’s No. 2 overall producer of coal in 2021, according to data from the U.S. Energy Information Administration, with 78,501 thousand short tons mined. Wyoming, the nation’s leading producer of coal, mined 238,773 thousand short tons of coal in 2021.

According to the EIA’s historical data, which shows state energy production estimates from 1960 to 2020, West Virginia produced 118,944 thousand short tons of coal in 1960.

Production levels remained above 100,000 thousand short tons per year throughout the beginning 1970s, before falling to 95,433 thousand short tons in 1977 and 85,314 thousand short tons in 1978.

The state’s coal production peaked in the 1990s — 173,734 thousand short tons were produced in 1997 and 171,145 thousand short tons were produced in 1998.

While 2008 saw 157,805 thousand short tons mined, production began to decline, with 95,633 thousand short tons produced in 2015 and 67,380 thousand short tons produced in 2020.

While West Virginia’s overall coal production has continued to decline, the majority of the state’s electricity still comes from coal, according to the EIA.

Coal-fired power plants accounted for 91% of West Virginia’s total electricity net generation in 2021. Renewable energy resources — primarily hydroelectric power and wind energy — contributed 5% and natural gas provided more than 4%.

This was an increase over the previous year. In 2020, coal-fired power plants accounted for 88% of West Virginia’s electricity.

Those wishing to submit comments to the EPA regarding its proposal, identified by Docket ID No. EPA-HQ-OAR-2023-0072, may do so by any of the following methods:

Federal eRulemaking Portal: regulations.gov.

Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA-HQ-OAR-2023-0072 in the subject line of the message.

Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-2023-0072.

Mail: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2023-0072, Mail Code 28221T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.

Hand/Courier Delivery: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Ave., NW, Washington, DC 20004. The Docket Center’s hours of operation are 8 a.m.–4:30 p.m., Monday –Friday (except Federal holidays).