{"id":382737,"date":"2025-06-11T10:45:48","date_gmt":"2025-06-11T08:45:48","guid":{"rendered":"https:\/\/climatescience.press\/?p=382737"},"modified":"2025-06-11T10:45:49","modified_gmt":"2025-06-11T08:45:49","slug":"report-bidens-epa-hid-comments-from-dept-of-energy-that-undermined-key-part-of-epa-power-plant-rule","status":"publish","type":"post","link":"https:\/\/climatescience.press\/?p=382737","title":{"rendered":"REPORT: Biden\u2019s EPA hid comments from Dept. of Energy that undermined key part of EPA power plant rule"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

From Climate Depot<\/a><\/p>\n\n\n\n

By\u00a0Admin<\/a><\/p>\n\n\n\n

https:\/\/justthenews.com\/politics-policy\/energy\/biden-admin-epa-may-have-buried-comments-undermining-key-part-its-power<\/a><\/p>\n\n\n\n

By Kevin Killough<\/a><\/p>\n\n\n\n

The Clean Power Plan 2.0 was supported by a finding that carbon capture technology had been \u201cadequately demonstrated.\u201d The EPA sought and got comments from the DOE, which disputed that \u201cdemonstration.\u201d Somehow those comments never made it into the administrative record.<\/strong><\/p>\n\n\n\n

Former President Joe Biden, as well as his Democratic predecessor Barack Obama, pledged to \u201cfollow the science<\/a>\u201d when it came to climate policies. Since President Donald Trump assumed office \u2014 a man accused of waging a \u201cwar on science<\/a>\u201d \u2014 revelations have shown that, when it came to previous administrations, sometimes science was either shaped to serve preferred policies or dismissed when it didn\u2019t support them.<\/p>\n\n\n\n

Energy Secretary Chris Wright confirmed in March<\/a> that the Biden-Harris administration had completed a study on liquefied natural gas exports prior to enacting a pause on export permits, the stated intention of which was to complete such a study. Wright stated that the Biden-Harris administration didn\u2019t like what the study said, so they set out to produce one that would support the climate policies they wanted.<\/p>\n\n\n\n

Emails exchanged at the Obama-era EPA<\/a> in 2009 showed that the so-called endangerment finding, which has been the basis for much of the EPA\u2019s regulation of carbon dioxide emissions ever since, was a foregone conclusion even before the agency announced the finding.<\/p>\n\n\n\n

It appears that the Biden-Harris administration hid comments that would have undermined its Clean Power Plan 2.0 rule<\/a> (CPP2), which the Trump administration is currently reviewing<\/a>. The EPA had sought comments from the Department of Energy\u2019s National Energy Technology Lab (NETL) on the efficacy of carbon capture technology prior to proposing the rule. These comments, which were somehow scrubbed from the administrative record, disputed a key claim the rule is based on. Those missing comments, a legal expert says, could provide a basis for the rule\u2019s repeal.<\/p>\n\n\n\n

Casting significant doubt<\/strong><\/h5>\n\n\n\n

The CPP2 requires all coal plants to install carbon capture technology by 2039, which captures and stores emissions in underground geological formations. It also requires new natural gas-fired power plants to install the technology, with requirements starting in 2032. Experts warned the rules would drive up electricity costs<\/a> and destabilize the grid by disincentivizing reliable power from coal and natural gas in favor of intermittent wind and solar power.<\/p>\n\n\n\n

The Clean Air Act authorizes the EPA to develop new emissions standards, but those standards must be achievable at a reasonable cost. The technology required for compliance must also be adequately demonstrated<\/a>. Documents obtained by Just the News<\/em> show that the EPA formally sought comments from NETL in March 2023 on its soon-to-be proposed rule, which was put out for public comment the following May<\/a>.<\/p>\n\n\n\n

In December, Rep. James Comer, R-Ky., chair of the House Committee on Oversight and Accountability, wrote to then-EPA Administrator Micheal Regan to ask for the names of people in the Biden administration who had provided comments to the EPA on an internal draft of the CPP2. These comments, Comer\u2019s letter explains, \u201ccast significant doubt\u201d over whether the proposed CPP2 is viable.<\/p>\n\n\n\n

File<\/p>\n\n\n\n

Letter-to-EPA-Unmasking-Comments.pdf<\/a><\/p>\n\n\n\n

The proposed rule allowed for two technologies \u2014 hydrogen and carbon capture and underground storage (CCUS) \u2014 to meet the emissions standards on fossil fuel-burning power plants. Comer\u2019s letter quotes two unnamed authors expressing that neither technology was viable.<\/p>\n\n\n\n

Hydrogen was removed from the rule when it was finalized in April 2024<\/a>. Carbon capture technology, however, was part of the final rule, even though the comments from one unnamed NETL author stated that \u201cCCUS remains prohibitively expensive even after use of funds or tax credits made available through the Inflation Reduction Act.\u201d<\/p>\n\n\n\n

Underperforming failure<\/strong><\/h5>\n\n\n\n

The comments disputing the adequacy of CCUS went further than those in Comer\u2019s letter. Government Oversight and Accountability<\/a> (GAO), a watchdog group, filed a FOIA request in April seeking comments that NETL engineers had submitted via the NETL network in response to the March 2023 request by the EPA for the administrative record of what would later become the CPP2 proposed rule.<\/p>\n\n\n\n

The EPA based its determination that CCUS was \u201cadequately demonstrated\u201d on the performance of the Boundary Dam Unit #3<\/a> (BD3), which is a Canadian coal-fired power plant fitted with carbon capture technology. An April 2024 report by the Institute for Energy Economics and Financial Analysis<\/a> called the project an \u201cunder-performing failure.\u201d Despite $1 billion CAD spent on the project, it was, as of April 2024, capturing far less than the 90% originally promised. Its capture rate through the end of 2023 was just 57%, which was 63% of the 90% promised, the report found.<\/p>\n\n\n\n

Comments from NETL engineers, according to the GAO\u2019s records request, state that \u201cthe ongoing operating performance of the same BD3 demonstration project is being, once again, misconstrued as having provided sufficient justification for claiming satisfactory performance to allow the technology to be considered \u2018adequately demonstrated.\u2019\u201d<\/p>\n\n\n\n

Another comment states that BD3 only approached the 90% promised target for two months over a period of 8 years and three months. Another comment states that after 8 years and three months \u201cof demonstration, such failure to meet negligible standards for emissions limitations, over a full-year period ending less than one year ago, argues strongly for not considering BD3 as a credible basis for Best System of Emissions Reduction and \u2018adequate demonstration\u2019 of the related technology.\u201d<\/p>\n\n\n\n

\u201cThese comments were sanitized at some point in this process and were not included in NETL\u2019s and\/or DoE\u2019s comments to EPA, which made their way into the administrative record,\u201d according to the GAO\u2019s record request.<\/p>\n\n\n\n

File<\/p>\n\n\n\n

4.10.25 GAO NETL request for March 2023 CPP comments.pdf<\/a><\/p>\n\n\n\n

Other indications of doubt<\/strong><\/h5>\n\n\n\n

Chris Horner, an environment and energy policy attorney, told Just the News<\/em> that Comer\u2019s letter, which was directed at the EPA, suggests where the comments might have been scrubbed.<\/p>\n\n\n\n

\u201cFrom information revealed by the House Oversight Committee, there\u2019s pretty good reason to conclude that the comments did make it to and were buried by EPA, versus by DOE,\u201d Horner said.<\/p>\n\n\n\n

Whatever happened to the comments, other evidence also suggests the EPA never put much stock in the capabilities of CCUS technology. In May 2024, two dozen states filed a lawsuit<\/a> over related EPA rules<\/a> with the U.S. Court of Appeals for the District of Columbia.<\/p>\n\n\n\n

The following October, the Louisiana Public Service Commission (LPSC) asked the court to allow them to file a brief<\/a> in support of the lawsuit. The LPSC said in their petition that the EPA\u2019s own modeling showed far less confidence in carbon capture than it had publicly stated.<\/p>\n\n\n\n

The agency\u2019s Integrated Planning Model<\/a> projects no combined-cycle natural gas units will have carbon capture technologies added through 2055, which is the end of the project period. The EPA also projects that no coal units will be constructed with carbon capture through 2055. The modeling document shows that only one gigawatt of existing coal capacity will be operating through 2055.<\/p>\n\n\n\n

An EPA spokesperson told Just the News<\/em> that the EPA, as part of its reconsideration of the CPP2, is developing a proposed rule, which will be published once it has completed an inter-agency review and been signed by EPA Administrator Lee Zeldin.<\/p>\n\n\n\n

\u201cMany have voiced concerns that the last administration\u2019s replacement for that rule is similarly overreaching and an attempt to shut down affordable and reliable electricity generation in the United States, raising prices for American families, and increasing the country\u2019s reliance on foreign forms of energy,\u201d the spokesperson said.<\/p>\n\n\n\n

Kill shot<\/strong><\/h5>\n\n\n\n

Horner said these comments missing from the administrative record provide a means by which the EPA could effectively nullify the rule. In 2021, the Supreme Court killed Obama\u2019s \u201cClean Power Plan\u201d with its ruling in West Virginia v. EPA<\/em><\/a>. The challenged rule set emission reduction targets that could be met by either eliminating coal-fired power plants and replacing them with natural gas turbines, improving energy efficiency, or increasing the use of wind and solar power.<\/p>\n\n\n\n

The court ruled that the EPA had exceeded its authority by trying to control the nation\u2019s power system generation, because Congress did not grant an administrative agency such control without a clear statute granting that broad authority. The court, however, affirmed the agency\u2019s ability to regulate carbon dioxide emissions at new and existing power plants. By using carbon capture without any required generation shifting, the Biden administration likely expected to avoid any conflicts with the ruling.<\/p>\n\n\n\n

Horner said that, if the parties agree the record is incomplete, the Trump administration\u2019s EPA can avoid arguing for months whether CCS has been adequately demonstrated. By simply documenting that the record shows the agency knowingly and falsely claimed CCS was adequately demonstrated, that\u2019s the end of it. Horner said he doesn\u2019t think the D.C. Circuit court would ignore that fact and deny the agency the opportunity to clean its own house.<\/p>\n\n\n\n

\u201cThere seems to me no chance the parties would be denied an agency confession of error. That\u2019s what\u2019s really grabbing me about this. These guys have a kill shot, and I don\u2019t know if they know it,\u201d Horner said.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Clean Power Plan 2.0 was supported by a finding that carbon capture technology had been \u201cadequately demonstrated.\u201d The EPA sought and got comments from the DOE, which disputed that \u201cdemonstration.\u201d Somehow those comments never made it into the administrative record.<\/p>\n","protected":false},"author":121246920,"featured_media":382740,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","_crdt_document":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[691821446,691834092,691823935,691833758,691832985,691833487],"class_list":{"0":"post-382737","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"category-uncategorized","8":"tag-carbon-capture-storage","9":"tag-clean-power-plan-2-0","10":"tag-department-of-energy","11":"tag-energy-secretary-chris-wright","12":"tag-former-president-joe-biden","13":"tag-us-president-donald-j-trump","15":"fallback-thumbnail"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2025\/06\/0epa-standard-twitter.jpg?fit=1200%2C600&ssl=1","jetpack_likes_enabled":true,"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/paxLW1-1Bzb","jetpack-related-posts":[{"id":257019,"url":"https:\/\/climatescience.press\/?p=257019","url_meta":{"origin":382737,"position":0},"title":"EPA proposes emissions standards that could kill coal, and cripple gas OFFICIAL EPA RELEASE","author":"uwe.roland.gross","date":"12\/05\/2023","format":false,"excerpt":"As China and India build coal plants as fast as their economies will go, the Biden Administration released plans to require carbon capture using unaffordable technology that does not really exist.\u00a0 Will this carbon power grab survive judicial review?\u00a0","rel":"","context":"In \"CCS\"","block_context":{"text":"CCS","link":"https:\/\/climatescience.press\/?tag=ccs"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2023\/05\/00fairfaxphotos-Coal.webp?fit=1140%2C758&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2023\/05\/00fairfaxphotos-Coal.webp?fit=1140%2C758&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2023\/05\/00fairfaxphotos-Coal.webp?fit=1140%2C758&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2023\/05\/00fairfaxphotos-Coal.webp?fit=1140%2C758&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2023\/05\/00fairfaxphotos-Coal.webp?fit=1140%2C758&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":280897,"url":"https:\/\/climatescience.press\/?p=280897","url_meta":{"origin":382737,"position":1},"title":"Biden\u2019s Mad Dog EPA Gone\u00a0Rogue","author":"uwe.roland.gross","date":"28\/09\/2023","format":false,"excerpt":"EPA\u2019s most egregious\u00a0failure to properly account for costs is that it\u00a0subtracts the amount of federal subsidies from the cost estimate, a nominal reduction of $369 billion based on CBO\u2019s score. 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