The Biden administration has finalized a sweeping set of rules aimed at slashing greenhouse gas emissions and other pollutants from power plants. The rules are a fundamental part of President Biden’s climate strategy. But the National Rural Electric Cooperative is among the industry groups blasting them. 

Among other things, the rules would require coal-fired plants and new gas-fired plants to control 90% of their carbon emissions. 

EPA’s plan is “unlawful, unrealistic and unachievable,” said NRECA CEO Jim Matheson. “It undermines electric reliability and poses grave consequences for an already stressed electric grid.”

What’s next: Look for Republican attorneys general and lawmakers to try to block the rules in the courts and on the Hill. West Virginia AG Patrick Morrisey, who has led court battles over similar rules, opposes the latest ones as well. The Supreme Court overturned the Obama administration’s version of these rules in 2016.

West Virginia Sen. Shelley Moore Capito, the top Republican on the Senate Environment and Public Works Committee, is expected to lead an effort to repeal the rules via the Congressional Review Act. A CRA resolution is a long shot, however, because even if it could pass Congress, President Biden would likely veto the measure.

Why it matters: EPA estimates that the rules will reduce greenhouse gas emissions by 1.38 billion metric tons through 2047, the equivalent of taking 328 million gasoline cars off the road. It’s also the equivalent of nearly an entire year of power plant emissions, EPA says.  

White House climate adviser Ali Zaidi says the U.S. is set to build “more new electric generation capacity than we have in two decades – and 96% of that will be clean.” He’s talking about the aggressive buildout of solar power and other forms of renewable energy.

Weed scientists like EPA herbicide strategy updates

Weed scientists are applauding EPA’s updates to its herbicide strategy, which are designed to make it simpler for farmers to reduce impacts to endangered species.

The updates announced last week show that the EPA is listening to the concerns of agricultural groups, and is trying to make the process easier to implement and easier to understand, which should greatly help everyone to protect endangered species,” says Bill Chism, chair of the Weed Science Society of America Endangered Species Act Committee. “The update also shows that the EPA is taking the public comments very seriously and is modifying its strategy based on those comments.”

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What’s next: EPA is working on detailed maps identifying species habitat, and the agency plans to provide educational materials for farmers. The goal is to help producers decide whether conservation practices they are already using can reduce the amount of potential mitigation required.

Ukrainian ag minister out amid corruption probe

Ukraine's agriculture minister has resigned following a Ukrainian law enforcement agency's investigation that links him to a scheme to "misappropriate 2,500 hectares of state-owned land" and "attempt to seize another 3,300 hectares.”

Mykola Solskyi said in a post on Telegram (translated by Agri-Pulse using Google Translate) that he wrote a resignation letter to Ukraine's parliament. If the parliament decides to accept his resignation, he said "I will be grateful for such a decision." If not, he said he "will continue to work."

The law enforcement agency, the National Corruption Bureau of Ukraine, said in a press release that the scheme involved destroying documents "that granted the state enterprises the right to permanent land use." The land plots were not auctioned, but instead "transferred into private ownership to pre-designated individuals under the guise of realizing their right to free land."

While the National Anti-Corruption Bureau did not specifically name Solskyi in their release, he confirmed in another Telegram post that it referred to him.

FDA petitioned to repeal fluorinated polyethylene authorization for food contact 

The Food and Drug Administration is considering a petition from Environmental Defense Fund, Environmental Working Group, Center for Food Safety and other groups asking the agency to prohibit use of fluorinated polyethylene in food-contact products. 

Fluorination of polyethylene containers can improve chemical barrier properties, but the petitioners argue the chemical manufactured in line with federal regulations can produce PFAS substances. These can migrate to food, making the chemical’s use unsafe, the groups say.

FDA asked for comments within 60 days.

In 2021, FDA issued a letter to industry groups reminding them that only some fluorinated polyethylene containers are authorized for food contact use, after EPA testing on some pesticide containers found that PFAS can form from some fluorinated high-density polyethylene containers. The agency later issued a request for information in 2022 on the food contact uses of the chemical. 

PFAS drinking water regs published today

EPA’s final drinking water regulations for PFAS are being published today and will go into effect in 60 days, but water systems will have until April 2027 before they must begin routine monitoring of six specific PFAS.

By April 2029, water systems must meet drinking water limits for those six chemicals. EPA has estimated 100 million people will have cleaner drinking water as a result.

Rural systems have expressed concern they won’t be able to meet the standards without more funding.

EPA has been holding webinars on compliance. The next one is April 30.

He said it. “It wasn't one of the 17 things that Schumer wants to get done. And until he puts it on his agenda, I don't think it's going to force the leaders of the Agriculture Committee to make the necessary compromises.” – Sen. Chuck Grassley, R-Iowa, to a reporter who asked about the timing of Senate farm bill action. Grassley was referring, of course, to Senate Majority Leader Chuck Schumer, D-N.Y., and his list of legislative priorities.

Steve Davies, Noah Wicks and Rebekah Alvey contributed to this report.