GHG Reduction Technologies Monitor Vol. 10 No. 21
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GHG Reduction Technologies Monitor
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May 22, 2015

Noncompliance with Proposed EPA Carbon Regs. Irresponsible, Colorado Gov. Says

By Jeremy Dillon

Abby L. Harvey
GHG Monitor
5/22/2015

Colorado Governor John Hickenlooper (D) pushed back last week against calls by opponents of the Environmental Protection Agency’s proposed carbon emission standards for coal-fired power plants for states to not comply with the regulations once finalized. In a letter to Senate Majority Leader Mitch McConnell (R-Ky.), an ardent opponent of the EPA’s proposal, Hickenlooper criticized McConnell’s call for states not to comply as “irresponsible.” Hickenlooper wrote, “In adopting the Clean Air Act, under which these regulations are being developed, Congress vested the states with power to develop their own plans. Although complying with the Clean Power Plan will be a challenge, states tackle problems of this magnitude on a regular basis. We think it would be irresponsible to ignore federal law, and that is why we intend to develop a compliant Clean Power Plan,”

The EPA’s proposal is due to be finalized this summer and would require states to submit action plans in 2016 to meet EPA-set carbon emission reduction goals. If a state does not submit a plan, the EPA will enforce a federal implementation plan. McConnell has charged, though, in a letter sent this spring to the nation’s governors, that the EPA is asking states to do more than the agency could legally do itself. “By requiring states to submit a plan aimed at achieving a lower emissions target based upon four so-called ‘building blocks’ — (1) improved power plant efficiencies, (2) switching electricity generation sources, (3) building new generation and transmission, and (4) reducing demand — the EPA is overreaching, as its authority under the Clean Air Act extends only to the first building block related to source specific energy efficiency upgrades. In other words, the EPA is attempting to compel states to do more themselves than what the agency would be authorized to do on its own, as many states have noted in their comments in response to the rule,” McConnell wrote.

In his letter to McConnell, Hickenlooper also wrote that Colorado has already made great strides in addressing carbon emissions without suffering the devastating consequences, such as skyrocketing energy prices, McConnell has said would result from the proposed regulations. “Colorado is already a leader in reducing carbon emissions from power plants, on track to hit an estimated 20 [percent] reduction over 2012 emissions — and we have done this all while keeping energy rates affordable. We will continue to engage with our industry to develop a compliant Clean Power Plan, as required by federal law,” Hickenlooper wrote.

 

 

 

 

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