NACAA Comments on Proposed Affordable Clean Energy Rule

October 31, 2018 - NACAA submitted comments on EPA’s proposed Affordable Clean Energy rule to express concerns on many of its aspects.  The comments address issues in the following areas: (1) EPA’s outreach to air agencies; (2) the proposed emission guidelines for greenhouse gas (GHG) emissions from power plants; (3) the proposed changes to the New Source Review (NSR) permitting program; and (4) the rule’s emissions impacts.  “It is not clear that EPA’s proposal would provide more than a nominal national reduction in CO2 emissions using significant state and regulated party resources while increasing both CO2 and criteria pollutant emissions at some affected facilities,” the letter states.  Among other things, the letter notes that EPA missed opportunities to engage its state and local partners and recommends that any final rule should have clearer applicability criteria, include a more expansive record of how EPA determined the best system of emission reduction, be accompanied with example state plan language, not interfere with existing state GHG programs and be supported with supplementary implementation funding for air agencies.  Regarding the proposed NSR revisions, the letter explains that they “could enable EGUs to increase their annual and lifetime emissions of air pollutants while avoiding review by air pollution control agencies.”