Sen. Joe Manchin (D-W.Va.), chairman of the Senate Energy and Natural Resources Committee, has threatened to oppose all Environmental Protection Agency (EPA) nominees proposed by President Biden due to a forthcoming regulation aimed at power plant emissions.
Manchin criticized the administration for seeking to close fossil fuel-fired power plants without considering the impact on the national power grid.
Manchin highlighted that neither the Bipartisan Infrastructure Law nor the Inflation Reduction Act (IRA) provided the EPA with the authority to regulate power plant emissions.
He stated, “However, I fear that this Administration’s commitment to their extreme ideology overshadows their responsibility to ensure long-lasting energy and economic security and I will oppose all EPA nominees until they halt their government overreach.”
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The EPA regulation, expected to be released shortly, would require coal and natural gas-fired power plants to cut or capture the majority of their carbon dioxide emissions by 2040. The Biden administration believes the IRA allows the EPA to regulate greenhouse gas emissions extensively.
Manchin expressed his concerns about the administration’s climate agenda, saying, “This Administration is determined to advance its radical climate agenda and has made it clear they are hellbent on doing everything in their power to regulate coal and gas-fueled power plants out of existence, no matter the cost to energy security and reliability.”
He added that the Federal Energy Regulatory Commission (FERC) commissioners unanimously agreed that coal could not be eliminated in the near future without impacting the reliability of the electric grid.
Currently, there are 3,393 fossil fuel-fired power plants across the United States, predominantly natural gas plants, generating over 60% of the nation’s electricity. In comparison, wind and solar projects produce about 14% of the country’s electricity.
EPA data reveals that the electric power sector is responsible for approximately 25% of total U.S. emissions, making it a prime target for Democrats and environmental organizations.
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Manchin warned, “If the reports are true, the pending EPA proposal would impact nearly all fossil-fueled power plants in the United States, which generate about 60 percent of our electricity, without an adequate plan to replace the lost baseload generation.”
According to the New York Times, of the nearly 3,400 currently operational power plants less than 20 have the necessary technology in place to adhere with the EPA’s new rule. They would have to do so by 2040.
In June 2022, the U.S. Supreme Court ruled an Obama-era rule limiting power plant emissions under the Clean Air Act unconstitutional, as Congress never granted the EPA explicit power to issue such regulations. This ruling indicates that the Biden administration’s forthcoming rule will likely face substantial legal challenges.
Manchin’s potential opposition to all of Biden’s EPA nominees could pose a significant obstacle for the president’s future picks for key leadership positions within the agency. Earlier this year, the West Virginia senator contributed to the defeat of two Biden nominees—Gigi Sohn, nominated for the Federal Communications Commission, and Laura Daniel-Davis, chosen for a top Interior Department role.