EPA Clean Air Act & Manchin's Response

WASHINGTON – Following a 2007 Supreme Court ruling, the U.S. Environmental Protection Agency (EPA) today proposed the first Clean Air Act standard for carbon pollution from new power plants. EPA’s proposed standard reflects the ongoing trend in the power sector to build cleaner plants that take advantage of American-made technologies, including new, clean-burning, efficient natural gas generation, which is already the technology of choice for new and planned power plants. At the same time, the rule creates a path forward for new technologies to be deployed at future facilities that will allow companies to burn coal, while emitting less carbon pollution. The rulemaking proposed today only concerns new generating units that will be built in the future, and does not apply to existing units already operating or units that will start construction over the next 12 months.

“Today we’re taking a common-sense step to reduce pollution in our air, protect the planet for our children, and move us into a new era of American energy,” said EPA Administrator Lisa P. Jackson. “Right now there are no limits to the amount of carbon pollution that future power plants will be able to put into our skies – and the health and economic threats of a changing climate continue to grow. We’re putting in place a standard that relies on the use of clean, American made technology to tackle a challenge that we can’t leave to our kids and grandkids.”

Currently, there is no uniform national limit on the amount of carbon pollution new power plants can emit. As a direct result of the Supreme Court’s 2007 ruling, EPA in 2009 determined that greenhouse gas pollution threatens Americans’ health and welfare by leading to long lasting changes in our climate that can have a range of negative effects on human health and the environment.

The proposed standard, which only applies to power plants built in the future, is flexible and would help minimize carbon pollution through the deployment of the same types of modern technologies and steps that power companies are already taking to build the next generation of power plants. EPA’s proposal is in line with these investments and will ensure that this progress toward a cleaner, safer and more modern power sector continues. The proposed standards can be met by a range of power facilities burning different fossil fuels, including natural gas technologies that are already widespread, as well as coal with technologies to reduce carbon emissions. Even without today’s action, the power plants that are currently projected to be built going forward would already comply with the standard. As a result, EPA does not project additional cost for industry to comply with this standard.

Prior to developing this standard, EPA engaged in an extensive and open public process to gather the latest information to aid in developing a carbon pollution standard for new power plants. The agency is seeking additional comment and information, including public hearings, and will take that input fully into account as it completes the rule making process. EPA’s comment period will be open for 60 days following publication in the Federal Register.


Washington, D.C. – U.S. Senator Joe Manchin (D-W.Va.) issued the following statement about the Environment Protection Agency’s announcement today that a new rule will effectively prevent any new coal-fired power plants from being built.

“As today’s announcement shows, this EPA is fully engaging in a war on coal, even though this country will continue to rely on coal as an affordable, stable and abundant energy source for decades to come,” Senator Manchin said. “This approach relies totally on cheap natural gas and we’ve seen that bubble burst before. It might sound good now, but what happens if those prices go up? Your average hardworking families and manufacturers will be left holding the bag of uncertainty – either in the prices they pay or in the reliability of our electrical system. Either way, they’ll face enormous disruptions in their ability to do business and go about their everyday lives.

“This is what happens when this country doesn’t have a true all-of-the-above energy approach. Instead of trying to completely eliminate coal in the long-term, the EPA should be trying to work with industry. The EPA should have learned from the federal court decision last week on Spruce Mine that they’re overreaching their authority. But this ill-advised proposal to prevent new coal-fueled generation will move this country away from using all our domestic resources, and I will fight it every step of the way.”


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