Rregulatory Relief for Certain Stationary Sources to Promote American Energy
President Trump issued a proclamation exempting certain coal-fired power plants from compliance with stricter emission standards for two years.
The rationale cited is that the required technology is not yet commercially available, and that forcing compliance would jeopardize the nation's energy security, the viability of the coal sector, and national security itself.
The exemption postpones enforcement until technologies become viable, maintaining existing emission standards during this period.
Arguments For
Energy Security: The proclamation argues that coal-fired power generation is crucial for grid reliability and affordable electricity, and that the stricter emissions standards jeopardize this. The intended benefit is to maintain a stable and affordable energy supply. The cited evidence is the reliance on coal for electricity generation and the perceived threat to grid stability.
Economic Impact: The proclamation claims that the stricter standards would lead to the closure of coal-fired power plants, resulting in job losses and negative economic consequences. The intended benefit is to protect jobs and the coal industry. The cited evidence is the potential for plant closures and associated job losses.
Technological Feasibility: The proclamation asserts that the technology required to meet the new standards is not yet commercially viable. The intended benefit is to allow time for technological advancements. The cited evidence is the unavailability of commercially viable technology.
National Security: The proclamation links energy security to national security, arguing that energy shortages could leave the nation vulnerable. The intended benefit is to prevent vulnerabilities in energy supply that could compromise national security. The evidence cited is the potential for demand shortages and increased dependence on foreign energy sources.
Arguments Against
Environmental Impact: The exemption delays the implementation of stricter emissions standards, leading to continued air pollution from coal-fired power plants. This would have negative impacts on public health and the environment. The counter-argument is that delaying the implementation does harm to efforts for environmental protection.
Public Health: Continued operation of coal-fired power plants without updated emissions controls may lead to increased respiratory illnesses and other health problems. The counter-argument is the negative health impacts of air pollution.
Technological Innovation: Delaying the enforcement of stricter standards could stifle innovation in cleaner energy technologies. The counter-argument is that such delays could hinder the transition away from fossil fuels.
Economic Inefficiency: Maintaining coal-fired power plants operating under less stringent environmental regulations may perpetuate economic inefficiencies and discourage investment in sustainable infrastructure. The counter-argument is that it may lead to lost potential for investment in more efficient and sustainable energy sources.
- Coal-fired electricity generation is essential to ensuring that our Nation’s grid is reliable and that electricity is affordable for the American people, and to promoting our Nation’s energy security. The Federal Government plays a pivotal role in ensuring that the Nation’s power supply remains secure and reliable. Forcing energy producers to comply with unattainable emissions controls jeopardizes this mission.
This section highlights the importance of coal-fired power plants for maintaining a reliable and affordable electricity grid and national energy security.
It asserts that forcing compliance with stringent emission controls would threaten this vital role.
- On May 7, 2024, the Environmental Protection Agency published a final rule titled National Emissions Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review, 89 FR 38508 (Rule), which amended the preexisting Mercury and Air Toxics Standards (MATS) rule to make it more stringent. The Rule’s effective date was July 8, 2024. Id. Its compliance date is July 8, 2027, 3 years after its effective date. See 89 FR 38519.
This section describes the EPA's publication of a new rule (Rule) amending the MATS rule to impose stricter emissions standards on coal- and oil-fired power plants.
The rule's effective date and compliance date are specified and referenced.
- The Rule places severe burdens on coal-fired power plants and, through its indirect effects, on the viability of our Nation’s coal sector. Specifically, the Rule requires compliance with standards premised on the application of emissions-control technologies that do not yet exist in a commercially viable form. The current compliance timeline of the Rule therefore raises the unacceptable risk of the shutdown of many coal-fired power plants, eliminating thousands of jobs, placing our electrical grid at risk, and threatening broader, harmful economic and energy security effects. This in turn would undermine our national security, as these effects would leave America vulnerable to electricity demand shortages, increased dependence on foreign energy sources, and potential disruptions of our electricity and energy supplies, particularly in times of crisis. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 112(i)(4) of the Clean Air Act, 42 U.S.C. 7412(i)(4), do hereby proclaim that certain stationary sources subject to the Rule, as identified in Annex I of this proclamation, are exempt from compliance with the Rule for a period of 2 years beyond the Rule’s compliance date — i.e., for the period beginning July 8, 2027, and concluding July 8, 2029 (Exemption). The effect of this Exemption is that, during this 2-year period, these stationary sources are subject to the compliance obligations that they are currently subject to under the MATS as the MATS existed prior to the Rule. In support of this Exemption, I hereby make the following determinations: a. The technology to implement the Rule is not available. Such technology does not exist in a commercially viable form sufficient to allow implementation of and compliance with the Rule by its compliance date of July 8, 2027. b. It is in the national security interests of the United States to issue this Exemption for the reasons stated in paragraph 3 of this proclamation.
This section argues that the Rule's compliance standards are overly burdensome, especially given the technological challenges and the potential economic and national security consequences.
President Trump issues a proclamation granting a two-year exemption from the Rule's compliance date for certain plants, supported by the reasons that the technology is unavailable and the exemption is in the national security interest.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of April, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth.
DONALD J. TRUMP
This is the concluding section of the proclamation, signed by President Trump.
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This section contains the source and publication information for the proclamation.