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Monday, September 23, 2013

Members of Congress Draw Battlelines Over New Power Plant Regulations

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U.S. Capitol

Senior Republicans and several coal state Democrats appear poised through legislation to do battle over newly announced carbon emissions limits for future power plants.

In response to the proposed rule announced Sept. 20 by Environmental Protection Agency Administrator Gina McCarthy, senior congressional leaders, led by Senate Minority Leader Mitch McConnell (R-Ky.) and House Majority Leader Eric Cantor (R-Va.), vowed to challenge what they view as an executive overreach that will devastate the economy.

McConnell said he would file a "resolution of disapproval" under the Congressional Review Act in an attempt to nullify the regulation. Both chambers would need to approve the resolution by a simple majority to have the regulation nullified.

Another Kentuckian, Rep. Ed Whitfield (R), vowed to hold a hearing on the regulation as soon as this week and also said he planned to introduce legislation soon that would establish guidelines for the EPA as it prepares its final regulation.

Republicans in the House and Senate said the proposed rule would increase the cost of electricity, compromise the United States' energy independence, and cost thousands of American jobs.

"No coal power plant ever built or even considered could ever meet the standard imposed under this rule, but that doesn't seem to matter to President Obama or his EPA," Cantor said in a statement. "By requiring power plants to use an unproven technology that imposes significant costs and may not work as planned, the Obama Administration is almost guaranteeing that electricity costs will skyrocket in the future."

They were joined by Democrats from Republican-leaning, coal heavy states who vowed to fight the regulation through whatever means possible.

Sens. Joe Manchin (D-W.Va.) and Heidi Heitkamp (D-N.D.) condemned the regulation along the same lines as Republicans, and vowed to continue to fight the proposal's enactment.

Heitkamp said in a statement that she had already begun working with other senators on legislation.

"I plan to meet with the EPA Administrator to strongly explain how these regulations are completely unachievable based on current technology and are cost prohibitive," the North Dakota Democrat said. "Whether or not this regulation becomes final, I have already started to work with other Senators on a legislative solution that stops pushing coal to the wayside, and instead seeks ways for coal to remain the valuable source of energy that it currently is."

McConnell has already introduced the Saving Coal Jobs Act (S. 1514), which would effectively halt EPA's carbon rules for both new and existing power plants. Senate Majority Leader Harry Reid (D-Nev.) blocked further consideration of that measure, but vowed to work with McConnell on coal issues.

EPA's McCarthy defended the agency's statutory authority for regulating the carbon emissions of power plants during a House subcommittee hearing last week.

"Many of the programs that we run are programs that Congress explicitly directed us to run," McCarthy said. "We do believe we're moving in a legally sound direction."

The administrator also defended the agency's decision to require future power plants to use carbon capture and sequestration technologies, which many argue are not yet technologically feasible.

"On the basis of the information that we see out in the market, CCS technology is feasible," McCarthy said. "It is available."

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