Bid to kill EPA coal plant regulations thwarted in Senate

Senate lawmakers on Wednesday blocked a GOP-led effort to scuttle Environmental Protection Agency regulations that mandate cuts in mercury pollution and other toxic emissions from coal-fired power plants.

The 46-53 vote against Sen. James InhofeJames (Jim) Mountain InhofeConservatives eye new tax cut for capital gains Dems give muted praise to Pompeo-Kim meeting Overnight Energy: Former Pruitt aide alleges more wasteful spending, retaliation | Senate confirms EPA No. 2 | Zinke backs off big park fee increases MORE’s (R-Okla.) resolution staves off what would have been a stinging election-year rebuke of the White House green agenda.

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Five Republicans joined 48 Democrats in blocking Inhofe’s measure to overturn regulations that coal industry groups and other critics contend will hurt the economy, cause power costs to spike and force numerous plants to shutter.

Sens. Kelly AyotteKelly Ann AyotteThe Hill's Morning Report: Koch Network re-evaluating midterm strategy amid frustrations with GOP Audit finds US Defense Department wasted hundreds of millions of taxpayer dollars US sends A-10 squadron to Afghanistan for first time in three years MORE (N.H.), Olympia Snowe (Maine), Susan CollinsSusan Margaret CollinsGOP moves to cut debate time for Trump nominees GOP senator: 'We were there' on immigration before talks got derailed GOP advances proposal to change Senate rules MORE (Maine), Scott Brown (Mass.), and Lamar AlexanderAndrew (Lamar) Lamar AlexanderGOP moves to cut debate time for Trump nominees The student loan crisis: Congress and the private sector must go all in, now Senate Health panel approves opioid bill MORE (Tenn.) opposed Inhofe's plan. Democratic Sens. Mary LandrieuMary Loretta LandrieuSenate GOP rejects Trump’s call to go big on gun legislation Project Veritas at risk of losing fundraising license in New York, AG warns You want to recall John McCain? Good luck, it will be impossible MORE (La.), Joe ManchinJoseph (Joe) ManchinMcConnell hits back at 'ridiculous' Chinaperson remark Overnight Defense: New allegations against VA nominee | Pompeo vote set for Thursday | Work begins on defense policy bill | Measures push space corps, pay bump for troops Pompeo set to be confirmed on Thursday MORE (W.Va.), Ben Nelson (Neb.), Mark WarnerMark Robert WarnerOvernight Cybersecurity: DHS cyber nominee vows to make election security 'top priority' | CIA to allow lawmakers to review classified info on Haspel | Dems raise security concerns about Trump's phone use Warner requests copy of report on Trump CIA pick's role in destroyed tapes CIA will allow senators to review classified material on Haspel MORE (Va.), and Jim Webb (Va.) joined most Republicans in supporting Inhofe's failed proposal.

“A substantial amount of the electricity we produce in the country comes from coal. And this new regulation would devastate the jobs that depend on this cheap, abundant resource,” said Senate Minority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellGOP moves to cut debate time for Trump nominees McConnell hits back at 'ridiculous' Chinaperson remark GOP senator: 'We were there' on immigration before talks got derailed MORE (R-Ky.) on the Senate floor Wednesday ahead of the vote.

But backers of the rules say the claims of economic harm are vastly overblown, and argue that planned coal-plant closures stem from an array of factors, including competition from low-cost natural gas.

They point to projections of major public health benefits from the regulation. EPA estimates that the air toxics standards will prevent 11,000 premature deaths, 4,700 heart attacks and 130,000 cases of childhood asthma per year, among other benefits.

EPA projects the value of the health benefits — stemming from reducing air toxics as well as sulfur dioxide and fine particulate matter — could reach $90 billion per year. The rule will have estimated costs of $9.6 billion annually, according to EPA.

The White House threatened to veto Inhofe’s plan on Monday.

“The Mercury and Air Toxics Standards will ensure that the Nation's power plants install modern, widely available technologies to limit harmful pollution — leveling the playing field for power plants that already have such controls in place,” the White House said.

The White House action illustrates President Obama’s collision with Mitt Romney on EPA rules, including the so-called maximum achievable control technology (MACT) standards for coal plants.

Romney, the presumptive GOP White House nominee, criticized the EPA rule but did not comment directly on Inhofe’s resolution.

“Governor Romney has made clear that he opposes the Utility MACT, which costs more than $1,500 for every one dollar reduction in mercury pollution,” said Romney spokeswoman Andrea Saul.

Earlier in the day Sen. Roy BluntRoy Dean BluntSenators fume over fight to change rules for Trump's nominees GOP poised to advance rules change to speed up Trump nominees McCaskill outpaces GOP opponent by more than million MORE (R-Mo.) said that the EPA regulation is an example of Obama ignoring Congress.

"His administration has bypassed the Congress, bypassed the will of the people, and they're clearly trying to do by regulation what I believe the Congress would never do," Blunt said.

In a floor speech Wednesday, Manchin expressed support for Inhofe's resolution ahead of the vote, splitting with Sen. Jay RockefellerJohn (Jay) Davison RockefellerSenate GOP rejects Trump’s call to go big on gun legislation Overnight Tech: Trump nominates Dem to FCC | Facebook pulls suspected baseball gunman's pages | Uber board member resigns after sexist comment Trump nominates former FCC Dem for another term MORE (D-W.Va.) who strongly opposed it.

"From the day I arrived in the Senate I've been determined to stop the EPA's job-killing agenda, and this resolution of disapproval takes an important step to rein in this out of control agency," Manchin said.

The vote marks the second time in recent months that Senate lawmakers have defeated resolutions brought under the Congressional Review Act (CRA) to overturn an EPA power plant rule.

In November the Senate turned back Sen. Rand PaulRandal (Rand) Howard PaulPompeo set to be confirmed on Thursday GOP anxiety grows over Trump’s Iran decision Overnight Defense: VA nominee on the ropes | White House signals it will fight for pick | Trump talks Syria with Macron | McConnell tees up Pompeo vote MORE’s (R-Ky.) CRA resolution to nullify the Cross-State Air Pollution Rule, which requires curbs in smog and particulate-forming pollution from plants in 27 states in the eastern half of the country.

The CRA is a mid-1990s law that allows Congress to nullify final agency regulations but has been used successfully just once.

Resolutions under the CRA are immune from filibuster, but it’s a blunt instrument, forcing lawmakers to vote on whether they want to nullify pollution standards rather than just modify regulations.

Inhofe’s measure was likely harmed by a proposal by Alexander and Sen. Mark PryorMark Lunsford PryorMedicaid rollback looms for GOP senators in 2020 Cotton pitches anti-Democrat message to SC delegation Ex-Sen. Kay Hagan joins lobby firm MORE (D-Ark.) that would extend the compliance period for EPA’s air toxics rule by several years without nullifying it — a plan that gave some lawmakers cover to oppose Inhofe.