Energy and Climate Report provides current, thorough coverage of clean energy, efficiency, and climate change legislation, regulation, policy, legal developments, and trends in the U.S. and...
April 13 — Legislation set for consideration by a House subpanel that would enable states to delay complying with the Environmental Protection Agency's Clean Power Plan marks “unprecedented interference” from Congress, the agency's top air official said in prepared testimony released April 13.
Janet McCabe, acting assistant administrator for air and radiation, called Rep. Ed Whitfield's (R-Ky.) draft Ratepayer Protection Act “premature,” given the agency has not finalized its carbon dioxide regulation for existing power plants and intends to incorporate changes to address cost and reliability concerns.
“EPA views the draft as premature, unnecessary and ultimately harmful,” McCabe said. “Although members of Congress have routinely expressed concern with EPA's rules and their legality over the years, we are not aware of any instance in the last 25 years when Congress has enacted legislation to stay implementation of an air rule during judicial review.”
McCabe will testify on the draft bill April 14 before Whitfield's Energy and Commerce Subcommittee on Energy and Power.
Whitfield's bill, unveiled March 23, would offer two avenues for allowing states to indefinitely delay complying with the EPA regulation.
One provision would allow states to postpone submitting their plans for complying with the emissions reduction goals until after all legal challenges are exhausted, and another would allow states to opt out of the rule if it would increase utility rates or jeopardize reliability.
“I would not recommend, and I am confident that the Administrator would not sign, a final rule that the EPA did not believe was on firm legal footing and worthy of being upheld by the federal courts,” McCabe said. “In light of that, the effect of the draft bill would be a wholly unnecessary postponement of reductions of harmful air pollution.”
As proposed under Section 111(d) of the Clean Air Act, the Clean Power Plan (RIN 2060-AR33) would establish unique carbon dioxide emissions rates for the power sector in each state. States would be required to meet interim targets between 2020 and 2029, with a final emissions rate to be achieved in 2030, but would have flexibility as to how best to meet their individual targets.
Whitfield's efforts come as Senate Majority Leader Mitch McConnell (R-Ky.) has urged states simply not to submit implementation plans for the proposal, forcing the EPA instead to issue federal plans. A White House aide slammed that strategy as “an inappropriate and unfounded attempt to dictate state decisions.” in a statement to Bloomberg BNA.
To contact the reporter on this story: Anthony Adragna in Washington at email@example.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
McCabe's testimony for the April 14 hearing on the Ratepayer Protection Act is available at http://1.usa.gov/1zaEAzF.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)