U.S. EPA Extends Comment Period to Repeal Clean Power Plan

The United States Environmental Protection Agency (U.S. EPA) again extended the comment period in its docket to repeal the Clean Power Plan. Three additional hearings are now scheduled in California, Missouri and Wyoming. When the agency opened the rulemaking to rescind the rule in October 2017, a comment deadline, coinciding with public hearings in Charlestown, West Virginia, was set for mid-November. Later, the deadline was moved to January 16, 2018. The deadline for interested parties to comment is now April 26.

The Ohio Chamber supports the move to repeal the rule. The previous legal interpretation upon which the Clean Power Plan was based ignored the Clean Air Act, the agency’s historical understanding of the limit of its regulatory powers and the authority of states over their electricity generation portfolios.

At the same time, the agency is continuing to accept comments on a parallel Advanced Notice of Proposed Rulemaking, seeking information on any potential replacement to the Clean Power Plan. Specifically, the agency highlighted several areas ripe for comment, including U.S. EPA’s role and responsibility in regulating greenhouse gas emissions under the Clean Air Act and the best system of emission reduction. The potential interaction between GHG regulations and other programs such as New Source Review are also areas ripe for comment. The deadline is February 26.

The Ohio Chamber intends to comment by April on the repeal docket and is accepting input and proposed comments on any replacement rule to be considered for submission to U.S. EPA by the February deadline. Please submit feedback or questions to Zack Frymier, Director, Energy and Environmental Policy.

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