Hoeven Statement on Affordable Clean Energy Rule

Final Rule Replaces One-Size-Fits-All Regulations for Coal Power Plants

WASHINGTON – Senator John Hoeven today released the following statement after Environmental Protection Agency (EPA) Administrator Andrew Wheeler, Energy Secretary Rick Perry and Interior Secretary Bernhardt, signed the Affordable Clean Energy (ACE) Rule, which replaces the costly one-size-fits-all emissions regulations for coal power plants issued by the previous administration. The previous rules unfairly targeted North Dakota and required a 45 percent reduction in the state’s carbon dioxide (CO2) emissions, well above the national average of 32 percent.

In 2017, Hoeven joined the president in implementing an executive order to begin rolling back the Clean Power Plan. The senator also cosponsored, and the Senate passed, two resolutions during the 114th Congress to repeal the EPA’s power plan rules. President Obama subsequently vetoed the resolutions.

“We can reduce emissions while continuing to provide the affordable and reliable energy that families and businesses across our nation need,” said Hoeven. “One-size-fits-all mandates can’t accomplish these goals. Rather, we need to invest in new technologies, like CCS, and support states’ efforts to implement the solutions that work best for them. That’s what this replacement rule is all about, and I appreciate the administration for continually working with us to bring this priority across the finish line.”

The ACE rule will ensure the vital role of states in developing their own plans for best system of emission reductions for existing power plants. This effort follows the intent of the Clean Air Act by allowing states ample time to establish performance standards for existing sources, while giving states flexibility to establish guidelines particular to circumstances of each power plant. 

The new rule aligns with Hoeven’s efforts to provide regulatory relief for the nation’s energy producers, while also reducing emissions from both traditional and renewable energy sources. This includes advancing the development and implementation of carbon capture and sequestration (CCS) technologies, like Project Tundra and the Allam Cycle. To this end, the senator is:

  • Advancing his Carbon Capture Modernization Act, bipartisan legislation to modernize the 48A tax credit for clean coal facilities to better support CO2 capture retrofit projects, like Project Tundra.
  • Working to reintroduce legislation to make the Section 45Q tax credit more accessible for CCS projects.
  • Cosponsoring legislation like the Enhancing Fossil Fuel Energy Carbon Technology (EFFECT) Act. The bill would establish four new DOE programs focused on coal and natural gas technology, carbon storage, carbon utilization and carbon removal.