Final Clean Power Plan rulemaking: What's next?

The Environmental Protection Agency (EPA) is expected to release its final Clean Power Plan rulemaking – the first-ever regulation in the United States to cut carbon emissions from power plants – any day now.

The Clean Power Plan (CPP) aims to cut carbon pollution nationally by an average of 30 percent from 2005 levels by 2030, providing up to $93 billion in climate and public health benefits. The EPA projects these carbon pollution limits will prevent up to 6,600 premature deaths, up to 150,000 asthma attacks in children, and up to 490,000 missed work and school days in 2030.

Pennsylvania expects to see significant economic and environmental benefits from meeting the CPP’s goals. For example, the National Resources Defense Council found that Pennsylvania would create 5,100 jobs under the CPP. Public Citizen also reported that electricity bills in Pennsylvania will fall 9.2 to 9.8 percent by 2030 under the Clean Power Plan, saving the average household $125 to $132 annually.

The CPP is an much-needed step toward mitigating climate change and presents myriad public health and economic benefits for the Commonwealth. But just because the regulation will be finalized in a few days doesn’t mean that its carbon reduction, health, and economic growth benefits will automatically be realized. The process, in some respects, is just getting started.

Once the rule is finalized, what’s next?

The CPP was designed to give states the flexibility to create a state-based compliance plan that fits their unique economic, environmental, and existing power generation situation. Absent proactive action, EPA will implement its own plan on the Commonwealth. Any plan must cut Pennsylvania’s carbon emissions by 31 percent by 2030.

Pennsylvania, however, is not waiting on the release of the final rule to start weighing its compliance options, explains PennFuture’s Jennie Demjanick in a recent blog post. One of the options being weighed by the state Department of Environmental Protection (DEP), the state agency that will write the state implementation plan, is a multi-state program modeled after a cap and trade strategy. Under this approach, a collection of states will set caps on their carbon emission reductions that decrease over time and create a marketplace for carbon producers to purchase and trade permits to emit carbon pollution. This effectively provides a strong incentive for carbon producers to reduce their emissions in as cost effective a manner as possible. Look no further than our New England states for an example of such a system, called the Regional Greenhouse Gas Initiative (RGGI).

Fortunately, Pennsylvania has many options to choose from to meet its carbon reduction goals. Last week, DEP Secretary John Quigley discussed next steps in an interview with OnPoint, stating that all compliance options are on the table and that the DEP is engaging all stakeholders in the process.

What challenges lie ahead?

Choosing and implementing a carbon reduction strategy isn’t the only barrier. Inevitably, there will be legal challenges. In a recent article by E&E, the American Coalition for Clean Coal Electricity (ACCCE) boasted that more than a dozen states are ready to take legal action against the CPP.

Some states have opted for legislation that requires state lawmakers to approve state implementation plans before they are sent to the EPA, adding uncertainty to the process and potentially leading to the EPA implementing its own federal plan on these states. For its part, Pennsylvania’s General Assembly chose this path by passing HB 2354, a law now known as Act 175 of 2014.

The U.S. Congress also has the ability to weaken or overturn the rule. Through the Congressional Review Act, Congress has the power to review, and ultimately overturn, any major rulemaking. Presumably, Congress would need to produce a veto-proof majority in order for this option to be realized. This is not entirely out of the realm of possibility given that only a handful of votes across party lines would be needed to produce that supermajority. Additionally, Congress may also vote on appropriations bills and on amendments to bills that have the power to weaken the intent of the rule or defund EPA’s ability to enforce the rule.

How can I get involved to ensure the success of the Clean Power Plan?

Attend a rally

PennFuture and many partner organizations will gather for rallies in Pittsburgh and Philadelphia to show support for the Plan on Thursday, July 30 at 12:30 p.m. in both Pittsburgh and Philadelphia. Bring a friend, hold a sign, and enjoy FREE ice cream.

Make a call to your U.S. Senators

We outlined above the role that elected representatives play in the success or failure of the Clean Power Plan. We also know that elected officials are responsive to their constituents, which is why it’s so important that supporters of the Clean Power Plan convey the benefits of the Plan from their personal perspective to their U.S. Senators. Interested in making a call on Thursday, July 30? Email Katie Bartolotta at Bartolotta@pennfuture.org.

Write to your local newspaper

Want to express your support for the Clean Power Plan in writing? Make your voice heard by submitting a letter to the editor to your local paper. Email Katie Bartolotta at Bartolotta@pennfuture.org if you’re interested.

Katie Bartolotta is southeast Pennsylvania outreach coordinator for PennFuture and is based in Philadelphia. She tweets @KatieBartolotta.

A robust effort to reduce greenhouse gas emissions in Pennsylvania

Recognizing the opportunities that a new governor in Pennsylvania can embark upon, PennFuture staff analyzed and evaluated potential environmental, conservation and energy policy actions that Gov. Tom Wolf can take or initiate, most within the first 100 days of his administration. We've called it A Fresh Start for Pennsylvania: 26 steps that Governor Wolf can take to improve Pennsylvania's environment and economy.

The 26 policy recommendations variously address stormwater management, well constructions standards, and green building standards, among other issues. This post is a synopsis of our recommendation to reduce carbon pollution.

Make robust efforts to reduce greenhouse gas emissions

Recommendation

Governor Wolf should make climate change a priority for not only the Department of Environmental Protection (DEP), but for the entire administration. This vital work needs to be bolstered and elevated in profile. The Wolf administration should immediately commence its climate planning and greenhouse gas reduction efforts in conjunction with the forthcoming requirements of the Pennsylvania Climate Change Act and the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan.

A robust state climate policy will make our economy more energy efficient, saving our citizens money. Reducing carbon pollution also reduces smog, ozone, and other traditional air pollutants.

Recent modeling from our grid operator PJM has shown that a multi-state approach to reducing carbon pollution can be as much as 30 percent less expensive than a state specific plan. For this reason, the administration should investigate joining the Regional Greenhouse Gas Initiative (RGGI) or a similar organization. This would not only simplify compliance with federal requirements, it would also bring money into the state that could support additional programs to reduce carbon pollution.

Because increases in energy efficiency will return money directly to consumers while lowering carbon pollution, Pennsylvania should focus on achievable efficiency measures. This could include building on the success of existing efficiency programs such as Pennsylvania’s Act 129, bringing our building codes up to current standards and promoting energy efficiency financing programs such as Energy Savings Performance Contracting (ESPC), Keystone HELP, Property Assessed Clean Energy (PACE), and on-bill finance programs.

In addition to efficiency, Pennsylvania could do more to encourage renewable energy. While Pennsylvania’s Alternative Energy Portfolio Standard (AEPS) program made the state an early leader, nearby states have since set higher targets for clean and renewable energy. By renewing its leadership in this field, Pennsylvania would create more jobs, lower energy prices, and reduce not just carbon pollution but protect public health by reducing air toxics, water pollution, and waste.

Joy Bergey is PennFuture's federal policy director. She is based in Philadelphia and tweets @joybergey.