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Keeping our Members Informed: National Rural Electric Cooperative Assoc. sues EPA

24 May 2024

The Environmental Protections Agency (EPA) has released four major new regulations for the electric industry.  This includes a rule with the purpose of cutting emissions from power plants which could cause reliability concerns for electric cooperatives and other utilities nationwide (Christian, 2024). Because Hill County Electric is committed to providing our members with a safe, reliable, and affordable source of electricity for years to come we would like to present you with the following information about these regulations to keep our members informed of these factors effecting not only our cooperative but our industry as a whole. 

National Rural Electric Cooperative Association (NRECA) believes that the final rule is unlawful, unachievable, and unrealistic.  EPA’s rules mandate inadequately demonstrated technology and unachievable emissions limits on an unworkable timeframe in violation of the Clean Air Act and Supreme Court decisions. The final rules jeopardize affordable and reliable electricity by forcing the premature closure of always available power plants while also making it harder to permit, site and build critical new power plants.

Specifically, NRECA believes the final rule:

  • Disregards the Law and Supreme Court Decisions: The rule violates the Clean Air Act because EPA asserts vast new authority of major economic and political significance without a clear statement from Congress. This disregards the “major questions doctrine" and is inconsistent with the text, structure and context of Clean Air Act Section 111.
  • Requires the Use of Inadequately Demonstrated Technology: While carbon capture and storage is a promising technology, it is not yet widespread nor commercially available and thus has not been “adequately demonstrated" as is required. There are no units in the country currently achieving EPA's required 90% capture rate consistently and while operating at baseload levels.
  • Mandates Unrealistic and Unachievable Timelines: There is insufficient infrastructure in place, especially massive pipeline networks, to support CCS and hydrogen, even assuming the technologies work as EPA envisions. The necessary infrastructure cannot reasonably be expected to be in place in time to meet EPA's requirements.
  • Jeopardizes Reliability and Affordability: The final rule will reduce key generating resources, magnifying today's reliability challenges with grave consequences for an already stressed electric grid. All of this will occur while the demand for electricity skyrockets as we electrify more of the American economy. In short, the final rules will jeopardize reliability and result in more blackouts, higher costs and greater uncertainty for American families and businesses.

Please visit https://www.electric.coop/ for more information and ongoing updates. 

We would like to encourage all members to educate themselves on these regulations and how they will affect our industry and the electricity needed to power your home and your community every day.

References:

Christian, M. (2024, April 26). “unlawful, unrealistic, unachievable”: EPA releases “barrage” of power plant rules. America’s Electric Cooperatives. https://www.electric.coop/unlawful-unrealistic-unachievable-epa-releases-barrage-of-power-plant-rules