with Paulina Firozi


The Environmental Protection Agency officially put forward on Tuesday its proposal for replacing the Clean Power Plan, the heart of President Barack Obama's efforts to curb greenhouse gases from the nation's power plants.

But folded into the Trump administration's latest rollback is a change to a permitting program little known outside of industries that have to contend with it, such as the power sector.

Under that program, called New Source Review, the EPA forces power plants to install pollution controls when they expand or upgrade facilities in ways that cause a notable uptick in total emissions of smog-forming pollutants.

But the Trump administration is suggesting a new standard for states to consider for triggering that requirement: Instead of total emissions determining whether an upgrade requires a permit in the program, the EPA said it wants to consider a plant's hourly rate of emissions.

The result of that tweak: Coal-fired power plants can be refurbished more cheaply — and can run for years longer than they would have otherwise, contributing even more to climate change.

“This administration is blatantly picking winners and losers,” David Doniger, a climate and clean-air expert at the Natural Resources Defense Council, said in a conference call with reporters. “If this proposal becomes reality, the winner will be old coal plants.”

And because the pollution targeted by the New Source Review program is linked to lung and heart disease, the effect of the Trump administration's plan extends beyond just warming the planet. The EPA projects that the entire proposal released Tuesday, called the Affordable Clean Energy rule, could lead to 470 to 1,400 premature deaths each year compared with the Obama-era rule due to particulate matter from power plants.

In its reasoning for restructuring the New Source Review program, the EPA took up a line of argument long made by electric utilities. When power plants make upgrades that let them run more efficiently or more reliably, their hours of operation increase, too. While such improvements allow power plants to emit less pollution on an hourly basis, because they are running for a longer time, they are emitting more pollution in total.

Under the current rules, that total increase triggers the expensive and time-consuming  process of complying with the New Source Review program that often makes such efficiency improvements not worth the headache. 

“That has a lot of perverse implications because it means that if I want to improve the energy efficiency of a facility, which is something that is extraordinarily defendable from an environmental perspective, I will be dissuaded from doing so,” said Scott Segal, a partner at Bracewell LLP who represents utilities that run coal-fired plants.

Bill Wehrum, who runs the EPA’s air and radiation office, told reporters Tuesday that the proposed changes in the New Source Review program are meant to reconcile it with the broader changes the agency is making on carbon dioxide emissions.

“That provides a level of consistency that we haven’t had with the program before,” Wehrum said, adding that when it comes to the two programs, the changes to the New Source Review program allows it “so they operate in concert, rather than in conflict, with each other.”

But it is total, not hourly, pollution that matters when it comes to public health. "This means more pollution in the air over the course of a year without any control technology," said Craig Oren, a law professor at Rutgers University and an expert on federal air-pollution laws. "That means there will be many more hours during the year in which the public and environment will be exposed to air pollution."

The change may also cut into the competitive edge that relatively cheap sources of renewable energy, such as wind and solar power, have gained over coal. By allowing power plants to forgo the installation of new pollution controls when they upgrade or expand, the administration would “push out cleaner resources” from the electricity marketplace, according to the NRDC's Doniger.

The declining coal-mining sector, central to President Trump's political coalition, hailed the change as a boon to their businesses. Hal Quinn, president and chief executive of the National Mining Association, said in an interview Monday that he appreciated that the administration had looked at “what things can be done that’s proved to be a deterrent for plants upgrading their systems.”

The current system, he said, was “so uncertain and counterintuitive” that it discouraged some utilities from making existing plants more efficient.

Asked about the fact that these plants would emit more traditional pollutants if they were allowed to run longer, he said, “Anything that’s going to be more competitive to run is going to have more emissions.”

During a rally in Charleston, W.Va. on Tuesday evening, President Trump emphasized what his administration is doing to lift the coal business from its decline, despite the economic headwinds it face. 

“We are back," Trump told the crowd. "The coal industry is back.”

The changes to New Source Review apply only to power plants — for now. Segal said that “it would make good sense” for other businesses subject to the program, like manufacturers, to seek a similar policy change from the administration themselves.

Juliet Eilperin contributed to this report.


— About Trump’s claims of “indestructible” coal: During the rally in West Virginia on Tuesday, Trump said:  “In times of war, in times of conflict, you can blow up those windmills. They fall down real quick. You can blow up those pipelines. They go like this and you’re not going to fix them too fast,” Trump said. “You can do a lot of things to those solar panels. But you know what you can’t hurt? Coal."

Not so fast: The idea that coal is indestructible is simply not true. “If coal itself were truly indestructible, you couldn’t mine or burn it," the New York Times reports, which adds that his claims that solar and wind power systems are unreliable are also false, as there are “efforts to develop innovative energy storage systems to smooth those curves of supply and demand.”

— This is the day that the climate change fight was obviously lost: That’s the conclusion of The Post’s Philip Bump to the administration's move Tuesday to replace the Clean Power Plan. “In fact, to the extent that action on addressing climate change is still a viable fight in the capital, on Tuesday we could declare a winner,” Bump writes. “Climate change is here, and the United States has accepted it. President Trump’s decision to roll back even measured efforts to curtail carbon-dioxide emissions and news about Arctic sea ice combine to paint a picture of a country that’s living through climate change and deciding not to do anything about it.”

California responds: California Gov. Jerry Brown (D) called the move a “declaration of war against America and all of humanity.” The state's attorney general, Xavier Becerra, warned the state may sue the Trump administration over the Clean Power Plan replacement, according to Bloomberg News. And the head of California's Air Resources Board, Mary Nichols, went so far as to compare the president to Roman emperor Nero.

— A highway six decades in the making: The final stretch of Interstate 95, a transportation artery running from Florida to Maine, will finally be completed in September after six decades of work. “Near the Pennsylvania border, drivers have long been forced off the interstate and onto other roadways, only to join back 8 miles away,” Bloomberg News reports. “Transportation officials and civil engineers spent more than two decades and $425 million to eliminate this detour off I-95, the most traveled highway in America."


— Arctic’s strongest sea ice breaks up: For the first time on record, the "oldest and thickest sea ice in the Arctic has started to break up," according to The Guardian. The sea ice along the north coast of Greenland is usually frozen even through the summer. But "abnormal temperature spikes in February and earlier this month have left it vulnerable to winds, which have pushed the ice further away from the coast than at any time since satellite records began in the 1970s."

— Where are all the red salmon? Alaskans are seeing a marked drop in the number of salmon that have returned to rivers in the summertime. “Like many people around the world in an era of climate change and pollution, Alaskans have seen startling disruptions in the fisheries that sustain them… By late July, the usual end of the red-salmon season, the number that had returned from the sea was half of last year’s total in all but one of the state’s red-salmon fishing regions,” the New York Times reports. “The Copper River, a celebrated, glacier-fed fishing ground, had its smallest red-salmon run in 38 years, as did other rivers across Alaska, state officials said.”

— Smoky skies in the Pacific Northwest: The sky was so smoky in British Columbia over the weekend, a result of more than 500 wildfires burning through the province, that the sky was dark at 9 a.m. And in Seattle, smoke so thick on Monday from  nearby fires that the sun turned “an unsettling shade of red,” The Post's Angela Fritz and Lornet Turnbull report. Seattle’s air quality was the fourth-worst in the world on Monday, and Vancouver’s took the top spot.

— Storm watch: Hurricane Lane, the now category 5 storm with peak winds of 160 mph, is expected to get “dangerously close" to Hawaii in the coming days, Jason Samenow reports. Whether it hits the Hawaiian Islands directly or scrapes them, there will likely be significant effects from rain, wind and waves. “On Tuesday morning, the Central Pacific Hurricane Center, based in Honolulu, posted hurricane watches for the eastern Hawaiian Islands, including the Big Island and Maui, as tropical-storm-force winds and heavy rain could affect those areas as soon as Wednesday or Thursday,” Samenow writes.


— Virginia settles for stricter pipeline enforcement: Virginia regulators considered on Tuesday revoking the permits for two natural gas pipelines, the Mountain Valley Pipeline and Atlantic Coast Pipeline, but instead settled for pushing stricter enforcement of state regulations, The Post’s Gregory S. Schneider reports. “Both projects have faced setbacks this summer. Federal judges have ruled that federal agencies granted several permits without full review, and regulators have stopped all work on both pipelines until those issues are resolved,” Schneider writes. “Tuesday’s hearing was aimed at examining whether Virginia erred in accepting blanket federal water quality certification for the two pipelines rather than conducting a separate review of every point at which the projects will cross a stream or river."

— The road ahead for Tesla: Analysts are worried Tesla chief executive Elon Musk is “stretched too thin” and may need to bring on a potential second-in-command to help run the electric auto company. "We think he's going through a founder's dilemma. He's clearly stretched too thin," Consumer Edge Research analyst James Albertine told CNBC. "I think this is Elon going through personal issues, having his own struggles with the bears, very publicly."



  • The Senate Energy and Natural Resources Subcommittee on Public Lands, Forests and Mining holds a hearing on various bills.

Coming Up

  • The EPA holds a public meeting to receive feedback on the IRIS Assessment Plan for Naphthalene on Thursday.

— One year ago yesterday, the Great American total solar eclipse captivated the nation: