EPA
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Legal & Regulatory
Costs of MATS Don’t Change Rule Justifications, EPA Says
The Environmental Protection Agency (EPA) on Nov. 20 issued a supplemental finding that consideration of costs does not affect its previous conclusion that regulation of coal- and oil-fired power plants is “appropriate and necessary” under section 112 of the Clean Air Act. The finding was in response to a June decision by the U.S. Supreme […]
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Legal & Regulatory
Senate Votes to Overturn Clean Power Plan
The U.S. Senate late on Nov. 17 passed a pair of resolutions that would overturn recent Environmental Protection Agency rules on power plant emissions, rules that form the core of the Obama administration’s Clean Power Plan. The two resolutions, S.J. Res. 23 and S.J. Res. 24, were passed under a little-used provision known as the Congressional Review […]
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Legal & Regulatory
EPA’s Gina McCarthy Responds to Regulators’ Clean Power Plan Questions
Comments made at the annual meeting of the National Association of Regulatory Utility Commissioners (NARUC) suggest that the regulatory group and the Environmental Protection Agency (EPA) have been in regular dialog throughout the process of developing the Clean Power Plan (CPP), arguably the most complex environmental regulation affecting the power generation sector and electric utilities. […]
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Legal & Regulatory
House Energy Subcommittee Resolves to Bar EPA Carbon Rules
A subcommittee of the House Energy and Commerce Committee has passed two resolutions under a rarely invoked law to render the Environmental Protection Agency’s (EPA’s) newly finalized carbon rules for new and existing power plants toothless. The joint resolutions introduced on Oct. 26 by Energy and Power Subcommittee Chair Rep. Ed Whitfield (R-Ky.) under the […]
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Legal & Regulatory
Seminole G&T Challenges Clean Power Plan in Federal Court
It took only minutes for opponents to the Obama administration’s Clean Power Plan to reduce carbon dioxide emissions from coal-fired power plants to head for the courts. The Environmental Protection Agency (EPA) plan became official, published in the Federal Register on Friday morning. The race to the courthouse was on. The first electric utility in […]
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Legal & Regulatory
Clean Power Plan in Federal Register Oct. 23, Clock Starts Ticking
In a media briefing this morning on the Clean Power Plan, Janet McCabe, acting assistant administrator for the Environmental Protection Agency’s (EPA’s) Office of Air and Radiation made no announcement of major changes but did note that the final rule will be published in the Federal Register tomorrow, Friday, October 23. That publication starts the […]
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Legal & Regulatory
New Wave of Coal Retirements Coming, ERCOT Warns
The Clean Power Plan could force the retirement of up to 4 GW of coal-fired capacity in the region served by the Electric Reliability Council of Texas (ERCOT) starting as soon as 2022, an updated analysis suggests. The independent system operator that manages about 90% of Texas’ electric load acknowledged that fewer coal units are […]
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Legal & Regulatory
Federal Court Stays WOTUS Rule
A federal court last week granted a motion barring the U.S. Army Corps of Engineers and Environmental Protection Agency (EPA) from enforcing the Clean Water Rule, which critics say is “exceptionally expansive.” A three-judge panel at the U.S. Court of Appeals for the Sixth Circuit on Oct. 9 granted the stay sought by 31 states […]
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Legal & Regulatory
EPA Issues Final NAAQS Ozone Rule at 70 ppb [UPDATED]
The Environmental Protection Agency (EPA) on Oct. 1 released the final version of new National Ambient Air Quality Standards (NAAQS) for ozone, cutting the current limit of 75 ppb to 70 ppb. The move sets the stage for a battle with Congress, the states, and a range of industries that have warned the new ozone […]
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Legal & Regulatory
EPA Finalizes Steam Electric Power Plant Effluent Guidelines
The Environmental Protection Agency (EPA) has finalized revisions to technology-based effluent limitations guidelines and standards, setting the first federal limits on the levels of toxic metals in wastewater discharges from steam electric power plants. The new rule sets stringent new requirements for the discharge of arsenic, mercury, selenium, and nitrogen in wastewater streams from flue […]
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Coal
Georgia Power to Close All Coal Ash Ponds in Response to EPA CCR Rule
Georgia Power plans to close all 29 of its coal ash ponds to comply with the Environmental Protection Agency’s (EPA’s) December 2014–finalized rule and forthcoming guidelines governing effluent limitations. The Southern Co. subsidiary will consult with state regulators, the Georgia Environmental Protection Division and the Georgia Public Service Commission, to develop and finalize the plan within […]
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Legal & Regulatory
Senators Cite Conflicting Polls and Studies During Environmental Hearing
An old saying often attributed to Mark Twain is, “Figures don’t lie, but liars figure.” Listening to the conflicting information presented by a variety of senators during a hearing on Capitol Hill Sept. 29, one has to wonder if Twain was covering a Senate hearing when he penned the phrase. The only witness at the […]
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Coal
Duke Energy to Shutter Three Coal Units, Resolve Drawn-Out Clean Air Act Lawsuit
Duke Energy has settled a 15-year-old lawsuit for allegedly violating the Clean Air Act when it made modifications at 13 coal-fired power units in North Carolina. The Environmental Protection Agency’s (EPA’s) and the Department of Justice’s (DOJ’s) original case filed in 2000 focused on 25 Duke Energy coal units. As it has in more than […]
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Legal & Regulatory
Emergency Stay of EPA’s Clean Power Plan Denied by Federal Court
The U.S. Court of Appeals for the D.C. Circuit on Wednesday rejected a request by 15 U.S. states to stay the Environmental Protection Agency’s (EPA’s) Clean Power Plan. In a one-page order, the three-judge panel dismissed the request filed on Aug. 13 by a coal company and the coalition of states led by West Virginia’s […]
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Commentary
Get Ready for MATS 2.0
On June 29, much of the power sector rejoiced when the U.S. Supreme Court struck down the Environmental Protection Agency’s (EPA’s) Mercury and Air Toxics Standards (MATS) rule, finding that the EPA had
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Legal & Regulatory
Federal Judge Thwarts Implementation of “Expansive” EPA Final Waters of U.S. Rule
A federal judge on Thursday halted implementation of the Clean Water Rule that is controversial for its broad definition of “Waters of the U.S.” one day before it was to go into effect, saying it was likely that the Environmental Protection Agency (EPA) overstepped its authority when it promulgated the “exceptionally expansive” rule. Judge Ralph […]
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Legal & Regulatory
Committed to “Ambitious Schedule,” EPA Wants to Reissue MATS Rule by April 2016
The Environmental Protection Agency (EPA) will issue revised Mercury and Air Toxics Standards (MATS) and legally required cost-benefit analyses by April 15, 2016, court documents show. In an Aug. 10 motion filed with the D.C. Circuit for White Stallion Energy Center v. EPA (12-1100), the EPA said it intends to seek remand without vacatur (which […]
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Legal & Regulatory
Reactions to Clean Power Plan: From Excitement to Anger
Reaction from utilities, environmental groups, and governmental leaders following the August 3 release of the Environmental Protection Agency’s (EPA’s) final Clean Power Plan rule was mixed. Some, such as Duke Energy CEO Lynn Good, pointed to the progress that has already been made in recent years to reduce carbon dioxide (CO2) emissions, noting that the […]
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Legal & Regulatory
[UPDATED] EPA Issues More Ambitious But Flexible Final Clean Power Plan
Editor’s note (Aug. 3): Adds compliance cost details, key changes The Environmental Protection Agency’s (EPA’s) final Clean Power Plan will seek to tamp down the nation’s carbon dioxide (CO2) emissions from the power sector by 32% from 2005 levels by 2030—about 9% more ambitious than its original proposal. The first-ever final national standards to limit […]
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Legal & Regulatory
Power Sector Braces for Final Clean Power Plan Rule
With the Environmental Protection Agency (EPA) expected to issue its final rule on power plant greenhouse gas emissions under the administration’s Clean Power Plan (CPP) early next week, reports strongly suggest the revisions will extend compliance deadlines in response to power sector complaints about a too-aggressive schedule in the proposed rule. A July 28 report […]
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Legal & Regulatory
Coal Ash Bill Clears U.S. House
The U.S. House of Representatives on July 23 passed by a 258–166 vote a coal ash bill that industry and states say is much-needed, but which the White House has threatened to veto. The Improving Coal Combustion Residuals Regulation Act of 2015 (H.R. 1734) sponsored by Rep. David McKinley (R-W.Va.) seeks to implement standards finalized […]
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Legal & Regulatory
New Coal Ash Bill Unveiled in the Senate
Senators John Hoeven (R-N.D.) and Joe Manchin (D-W.Va.) have introduced a much-awaited coal ash bill in the Senate that they say will provide more certainty than will the Environmental Protection Agency’s (EPA’s) final rule alone. The bill introduced on July 17 is companion legislation to a measure introduced by Reps. John Shimkus (R-Ill.) and David […]
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Renewables
IPL to Retire or Repower Coal Units in Iowa Under PSD Settlement With Feds
Interstate Power and Light (IPL) will be forced to spend $620 million to retire 10 coal-fired units and retire, refuel, or install pollution controls at several others in Iowa under a settlement reached with the federal government. The Alliant Energy subsidiary has long anticipated the settlement announced on July 15 by the Environmental Protection Agency […]
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Legal & Regulatory
McCarthy: Supreme Court Decision on MATS Won’t Affect the Clean Power Plan Rule
Environmental Protection Agency (EPA) Administrator Gina McCarthy remains firm in her resolve to create a landmark rule to reduce carbon emissions from power plants later this year. Speaking at the St. Regis Hotel in Washington, D.C., during an event sponsored by AREVA and hosted by The Christian Science Monitor, McCarthy said, “Last week’s ruling will […]
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Legal & Regulatory
States Sue EPA, Army Corps Over Final Waters of U.S. Rule with Reach Over Power Plants
Thirteen states are suing the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over the recently finalized Clean Water Rule, which they say illegally puts the federal government in charge of a majority of water and land resources in the U.S. North Dakota, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, […]
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Legal & Regulatory
Supreme Court Strikes Down EPA’s MATS Rule
In a 5–4 decision announced on June 29, the U.S. Supreme Court overturned the Environmental Protection Agency’s (EPA’s) rules limiting mercury and other hazardous air pollutants released from power plants. In April 2014, the U.S. Court of Appeals for the D.C. Circuit upheld the Mercury and Air Toxics Standards (MATS), ruling in a 2–1 decision […]
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Legal & Regulatory
House Passes Measure to Stall EPA Clean Power Plan
A bill that would halt the Clean Power Plan’s compliance deadlines until litigation on the rule has been completed has passed the U.S. House of Representatives with a 247–180 vote. The Ratepayer Protection Act (H.R. 2042) now goes to the Senate, where the GOP is working on a similar measure to suspend the Environmental Protection […]
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Legal & Regulatory
NSR Settlement Requires New Pollution Controls for Four Corners Coal Plant
Several Arizona and New Mexico–based utilities will be required to install pollution controls at the coal-fired Four Corners Power Plant to curb sulfur dioxide (SO2) and nitrogen oxide (NOx) under a settlement reached with the Environmental Protection Agency and the Justice Department. The settlement involves the Arizona Public Service Co. (APS), the operator and primary […]
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Legal & Regulatory
MISO Says Clean Power Plan Could Cut Its Coal Generation by Half
A new analysis from the Midcontinent Independent System Operator (MISO), the nation’s second-largest ISO, predicted that compliance with the Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP) could slash coal’s share of its generation from 59% in 2014 to potentially as low as 26% by 2030. The report came ahead of MISO’s planning advisory committee […]