The Clean Power Plan sets a nationwide goal of cutting carbon emissions by 32 percent from 2005 levels by 2030, with progress towards those reductions by 2022.
The specific actions needed to achieve that goal are being left to each state to adopt in the form of an amendment to the State Air Quality Implementation Plan by September 6, 2016.
The specific actions needed to achieve that goal are being left to each state to adopt in the form of an amendment to the State Air Quality Implementation Plan by September 6, 2016.
So what comes next?
In announcing his support for the EPA action, Gov. Wolf said Pennsylvania will use this as an opportunity to write a plan that could improve public health, address climate change, and improve Pennsylvania’s economy and power system.
Gov. Wolf explained, “My administration looks forward to working with industry leaders and legislators as well as citizens to find the right balance and develop an effective and responsible state plan.”
DEP, he added, will give all stakeholders every opportunity to provide input into drafting a Clean Power Plan that is tailored to fit Pennsylvania's economy.
Pennsylvanians will have multiple options for input as the Department of Environmental Protection formulates a state-specific plan to comply with the EPA rule, he said.
A public comment period on the EPA rule will begin in early September, with additional comment periods over the next three years as the Pennsylvania plan is drafted and finalized.
The Governor said DEP staff have already begun assessing the implications of the Clean Power Plan through the National Governors Association Policy Academy, which is developing detailed economic modeling to find solutions that meet Pennsylvania's needs. Pennsylvania was one of four states, including Michigan, Missouri and Utah, to receive tailored modeling of their electricity sector to assess compliance options.
These modeling exercises will continue now that the details of the plan have been released.
The final EPA rule will be published in the Federal Register on September 4, 2015, and public comment will be available for the following 60 days. Public hearings will also be held across the state, with details to be released, DEP said.
State Air Pollution Control Act
All amendments to the state Air Quality State Implementation Plan are reviewed by DEP’s Air Quality Technical Advisory Committee and subject to public hearings as required by the state Air Pollution Control Act.
Any regulations required to implement the revision to the State Implementation Plan are, in addition, also reviewed by the Air Quality Technical Advisory Committee and DEP’s Citizens Advisory Council, require approval by the 20-member Environmental Quality Board, review by the Independent Regulatory Review Commission and the environmental committees of the House and Senate under the state Regulatory Review Act.
Regulations can be disapproved by the IRRC and the House and Senate can pass a resolution, just like a piece of legislation, to kill the regulations and present it to the Governor for his action.
Any changes in state law required to implement the EPA Section 111(d) requirements would have to be passed by the General Assembly and signed into law by the Governor.
PA Greenhouse Gas Regulation Implementation Act
In addition to these basic reviews, the PA Greenhouse Gas Regulation Implementation Act passed in 2014 establishes a review process by the General Assembly and a one-House veto of any Section 111(d) climate plan DEP would develop in response to a final EPA regulation.
The law was promoted by Pennsylvania’s coal industry as a way to protect their interests in any Section 111(d) plan developed by DEP.
The Act also outlines a series of 12 factors DEP is to take into consideration in developing a Section 111(d) plan.
A new measure-- House Resolution 259 (Neuman-D-Washington)-- was introduced in April in the House to create yet another tool for the General Assembly to dictate the content of any Section 111(d) plans in Pennsylvania.
The resolution would create a Joint Senate-House Select Committee on the Implementation of EPA’s Greenhouse Gas Regulation to “examine, investigate and complete a report on the most appropriate manner in which to comply with the federal carbon dioxide rule.”
In addition, the resolution says, “It is the intention of this Select Committee to further direct the Department of Environmental Protection in the development of the State Implementation Plan that will ultimately be submitted to the House of Representatives and the Senate for approval.”
The resolution is in the House Environmental Resources and Energy Committee. Click Here for a sponsor summary.
PA Climate Change Act
Under the 2008 PA Climate Change Act, DEP was directed to developed and has developed a Climate Change Action Plan with recommendations on how to reduce greenhouse gas emissions in the state.
A Climate Change Advisory Committee was formed to help in that process and has been helping guide DEP in the development of the Action Plan, an adaptation plan, a greenhouse gas inventory and other work plans associated with its responsibility.
Look for more information on DEP’s path forward in developing a state plan to implement the new Section 111(d) climate requirements as soon as the September 26 scheduled visit of Pope Francis to Philadelphia.
In June Pope Francis issued an encyclical letter on the environment which took a strong position on the need for action on climate issues, as well as on the issue of clean water, biodiversity and environmental education.
Visit EPA’s Clean Power Plan webpage for more details.
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