***Click here for photos.***

WASHINGTON, D.C. – U.S. Senator Kevin Cramer (R-ND), Chairman of the Senate Environment and Public Works (EPW) Subcommittee on Transportation and Infrastructure, joined U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin in announcing two proposals to achieve national energy dominance and ensure Americans have access to affordable and reliable energy. The orders reverse punitive policies unveiled during the Biden administration. These rules targeted North Dakota’s energy industries and spurred a critical legal response from the state and industry.

Administrator Zeldin announced a proposed repeal of all greenhouse gas emission standards for the power sector under Section 111 of the Clean Air Act as well as the 2024 Mercury and Air Toxics Standards (MATS) amendments. The EPA previewed its intent to repeal these regulations on its Deregulation Day in March. Between the two proposed actions, the power sector could save more than $20 billion dollars over the next two decades, with the bulk of that savings—approximately $19 billion in savings, or $1.2 billion per year coming from the greenhouse gas rule. 

“In North Dakota, we mine lignite coal and produce very reliable, long-term, steady electricity at a low cost,” said Cramer. “I’ve always resented that somebody in this building, at EPA, thought they cared more about the air, land, water, and economy than I did and my family did. Thank you to President Trump and Administrator Zeldin for recognizing American greatness, for giving this opportunity to both highlight it and change the rules in a more common sense and reasonable way.”

Clean Power Plan

Clean Power Plan greenhouse gas emission standards, first issued in 2015 by President Barack Obama, would have resulted in the closure of nearly half of North Dakota’s lignite power plants, as well as raising consumer prices to pay for its multi-billion-dollar price tag.

After legal challenges from the state of North Dakota and industry, the U.S. Supreme Court struck down the Clean Power Plan in 2022, in West Virginia v. EPA. The Supreme Court ruled the Clean Power Plan was an illegal attempt at mandating fuel choices outside the legislative process. It also found the EPA had engaged in an unconstitutional power grab contrary to the major questions doctrine, which requires agencies to adhere to Congressional intent. Despite this clear rebuke, the Biden administration issued a similar rule which Cramer called for the EPA to withdraw from consideration in August 2023. 

The EPA’s new Clean Air Act proposal states the agency is required to find that the specific emissions from fossil fuel-fired power plants contribute to dangerous air pollution before it can regulate those emissions. EPA’s proposal acknowledges the greenhouse gas emissions targeted by the Clean Power Plan do not contribute significantly to dangerous air pollution. The proposal would also repeal carbon capture and sequestration requirements for new turbines and modified coal plants while also engaging in public comment on efficiency-based requirements for new natural gas power plants.

MATS Amendments

The EPA also proposed repealing 2024 amendments to MATS and reverting to standards set by the Obama administration in 2012. Despite the Biden administration’s own admission that the 2012 standard adequately protected public health, it issued new amendments requiring installation and adaptation of continuous monitoring technology originally used for the detection of particulate matter instead of mercury, as well as costly mitigation methods unproven at the scale required for North Dakota’s lignite plants. Cramer and then-Congressman Kelly Armstrong pointed out many of these concerns in a letter they sent asking for these amendments to be rescinded.

Additionally, while the Biden administration ignored the EPA’s own data findings and reversed a key precedent which created a regulatory subcategory for lignite coal, this announcement restores it. Lignite coal generates more than half of all electricity in North Dakota. The subcategory was originally created by the EPA to align its regulatory approach with the physical and chemical characteristics of lignite coal to best protect public health. North Dakota’s aggressive defense of the lignite subcategory was based on decades of sound science and laid the foundation for its reimplementation by the Trump administration.