New federal rules would require power plants to cut pollution

The U.S. Environmental Protection Agency finalized new regulations that would require power plants to curb pollution.

Under the new regulations, existing coal plants and new natural gas plants that run more than 40% of the time would have to cut 90% of their carbon dioxide emissions. Existing coal plants that plan to operate after 2039 would have to meet that standard by 2032.

"Our analysis estimates reductions of nearly 1.4 billion metric tons of carbon dioxide system-wide through the year 2047," EPA Administrator Michael Regan said. "That's equivalent to nearly one year of total greenhouse gas emissions from the power sector in 2022."

New gas-fired power plants will have limits on climate, toxic and criteria air pollution. The criteria air pollutants include particle pollution, ground-level ozone, carbon monoxide, sulfur dioxide, nitrogen dioxide and lead — pollutants that are harmful to humans and the environment, and can cause property damage.

The EPA said it doesn't expect any negative impacts to electricity generation or grid reliability, but some industry groups are concerned that the new rules could reduce electricity generation and increase costs.

Jim Matheson, chief executive of the trade organization National Rural Electric Cooperative Association says the rules will result in “greater uncertainty for Americans and magnify today’s reliability challenges with grave consequences for an already stressed electric grid.”

Duke Energy spokesperson Jeff Brooks says the company is still analyzing the final rules and impact they will have in the state, but that it does not change Duke's future plans for its plants.

Duke Energy plans to delay retiring existing coal plants until 2036 and delay compliance with a North Carolina state law mandating a 70% cut in carbon emissions by 2030. The utility also plans to build two new natural gas plants, including one in Roxboro that would require major infrastructure upgrades within three years of coming online in 2029 in order to meet the new standards.

Duke's proposal is one of the largest natural gas build-outs in the country, but the utility says the new fossil fuel plants are needed to meet growing demand.

"Natural gas remains an essential resource in that mix that can be dispatched to meet demand 24/7," Brooks said.

Ratepayers in the state have already seen energy bills surge in recent years, and many criticize utilities' reliance on fossil fuels as a key driver of costs.

A new EQ Research analysis, issued by the Environmental Defense Fund, shows that increases in gas prices account for 46% to 67% of rate increases for North Carolina residents.

In 2021, investments in renewable energy saved $55 billion in global energy generation costs, despite rising fossil fuel prices, according to the International Renewable Energy Agency, an intergovernmental organization focused on the adoption of renewable energy. Solar and wind energy are the cheapest renewable energy sources, according to the agency, and both continue to become more affordable every year.

"There’s no reason for North Carolina to rely so heavily on gas when proven, more affordable, and cleaner energy technologies are readily available," said Will Scott, Southeast Climate and Clean Energy Director for the Environmental Defense Fund.

Coal and gas plants are among the biggest contributors to climate change, toxic air and water pollution.

"The new standards announced today will dramatically reduce climate pollution while ensuring millions of people will have cleaner, safer air and water,” said Abigail Dillen, president of Earthjustice, a nonprofit organization focused on litigating environmental issues.

Another rule finalized Thursday strengthens cleanup requirements and federal monitoring of legacy coal ash landfills and ponds across the country that have been contaminating groundwater. This could affect the town of Chapel Hill's redevelopment plants for 828 Martin Luther King Jr. Boulevard, which is the current site of the Chapel Hill Police Department headquarters and a former coal ash and construction debris landfill.

"EPA is doing the right thing for clean water and communities by cleaning up coal ash pollution regardless of where it comes from — whether from toxic water pollution from coal plants or primitive, aging coal ash dumps and lagoons," said Frank Holleman, senior attorney at the Southern Environmental Law Center. "These rules mean that utilities can no longer dump toxic coal ash into the groundwater next to our drinking water sources and that their historic industrial pollution must be cleaned up."

New Mercury and Air Toxics Standards (MATS) will require coal- and oil-fired plants to cut toxic air emissions and strengthen limits for mercury and particulate matter or soot.

The rule also closes a regulatory loophole that allowed coal plants to emit three times more toxic mercury than other plants.

EPA also announced updated wastewater treatment standards for coal-fired power plants that mandate substantial reductions in the amount of toxic wastewater containing arsenic, mercury, and other pollutants released into waterways.

The EPA estimates 42 million people rely on drinking water sources contaminated with wastewater from coal-fired power plants.

"We also know that there is more work ahead," said Dillen, who has spent years in court pushing for regulations to curb power plant pollution. "Tackling pollution from existing gas-fired power plants is the essential next step."