14 States Seek Clean Power Plan Guidance Despite Stay - including Minnesota

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14 States Seek Clean Power Plan Guidance Despite Stay - including Minnesota

April 29, 2016

April 28 — Fourteen states are asking the Environmental Protection Agency for assistance as they prepare to comply with the Clean Power Plan despite the rule being stayed by the U.S. Supreme Court.

“We recognize that the EPA must respect the stay of the Clean Power Plan regulations in providing additional information and that this information would be subject to the outcome of the federal Clean Power Plan litigation,” the 14 states said in an April 28 letter sent to Janet McCabe, EPA's acting assistant administrator for air and radiation. “We believe EPA can provide information helpful to states consistent with the stay, as EPA has done previously when litigation is pending and a stay is in effect.”

The states are encouraging the EPA to provide model rules that would guide their compliance with the Clean Power Plan (RIN 2060-AR33), which sets carbon dioxide standards for existing power plants.

The states said the guidance would be beneficial as they prepare to implement updated ozone air quality standards, which also will impact the power sector, and begin working with state utility regulators on steps to comply with the carbon dioxide standards.

The states also are asking the EPA for additional guidance on tracking systems for emissions allowances; credits for trading programs; and methods to measure and verify energy efficiency gains.

The EPA has said it would continue to work with states, which are charged with implementing the carbon dioxide standards, on a voluntary basis despite a Supreme Court decision halting the rule until it can be litigated (West Virginia v. EPA, U.S., No. 15A773, 2/9/16).

SOURCE:  Bloomberg

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