GHG Daily Vol. 1 No. 8
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January 20, 2016

EPA Will Not Extend Comment Period for CO2 Reg Federal Plan

By Abby Harvey

Abby L. Harvey
GHG Daily
1/21/2016

The Environmental Protection Agency has elected not to extend the comment period for its federal implementation plan (FIP) for the Clean Power Plan, carbon emissions standards for existing coal-fired power plants, regardless of numerous requests for an extension.

“After reviewing requests to extend the public comment period for the Clean Power Plan Federal Plan and Model Rules proposal, the agency has decided not to extend the deadline for this proposal. The agency held four two-day public hearings on the proposal and the public has had since August 3, 2015 to review and provide comment on the proposal. The comment period on the proposal will remain open through January 21, 2016 giving the public more than five months to review the proposal. EPA expects to finalize the model rules this summer.” EPA said in a statement Wednesday.

The 152-page proposed FIP was released last August but did not open officially for comment until its publication in the Federal Register on Oct. 23, 2015. The Clean Power Plan (CPP) requires states to develop action plans to meet federally set, state-specific carbon emissions reduction goals. If a state cannot, or does not, submit a state implementation plan (SIP), the EPA holds the authority to enforce the FIP. The FIP presents two options: a mass- or rate-based emissions trading system.

More than 125 comments have been submitted online concerning the FIP, many of the most recent requesting more time to review the rule, which commenters say is too complex to adequately study in the time provided. “The rule covers a significant amount of material, and EPA specifically requests comments on over 300 issues. These are complicated issues, often requiring analysis to understand and be able to provide constructive suggestions to EPA, including suggestions on choosing between various alternative approaches,” The Mississippi Public Service Commission said in its filed request.

Commenters also pointed to the fact that review period fell over several holidays. “Considering the holidays will interfere significantly with this work, it will be burdensome to work under the current deadline. Furthermore, extending the comment period will result in a higher-quality work product for EPA’s purposes,” the Oklahoma Department of Environmental Quality stated in its extension request.

Still others noted that in order to accurately analyze the proposed FIP, entities will also have to analyze a slew of other proposed EPA regulations, such as the Cross-State Air Pollution Rule for the Ozone National Ambient Air Quality Standards. “Southern Company cannot reasonably complete the important work necessary to provide meaningful comments on the federal plan and model trade rules within the current comment period while also giving proper attention and analysis to the other air regulations EPA recently proposed,” Southern Co. said in its comment.

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