Download Supreme Court Stays the Clean Power Plan

EPA’s Clean Power Plan
and the Supreme Court’s Stay of the Rule
April, 2016
Carol Kemker
U.S. Environmental Protection Agency
Atlanta, Georgia
Modified March, 2017, RC Paul
Climate Change is a Threat
• Public health risks include:
• Increase in heat stroke and
heat-related deaths
• Extreme heat events are the
leading weather-related cause
of death in the U.S.
• Worsening smog (also called
ground-level ozone pollution)
and, in some cases, particle
pollution
• Increasing intensity of
extreme events, like
hurricanes, extreme
precipitation and flooding
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• Increasing the range of
insects that spread diseases
such as Lyme disease and
West Nile virus
The President’s Climate Action Plan
• President Obama’s Climate
Action Plan takes a series of
ambitious steps to combat
climate change
• Cuts carbon pollution in America through
domestic policies that involve both
voluntary and regulatory action
• Prepares our country for the impacts of
climate change
• Leads international efforts to address
global climate change
• Advances the Science
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https://www.whitehouse.gov/climate-change
What EPA is Doing
Advancing the Science
• EPA contributes to world-class
climate research through:
• The U.S. Global Change Research Program
• The Intergovernmental Panel on Climate
Change
• The National Research Council of the
National Academies of Science
• EPA's Office of Research and
Development conducts research to
understand the environmental and
health impacts of climate change and
to inform sustainable solutions for
adapting to and reducing the impact
from a changing climate
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http://www2.epa.gov/climate-research
What EPA is Doing
Partnering With States, Localities, and Tribes
• EPA's State and Local Climate and Energy Program provides technical assistance,
analytical tools, and outreach support to state, local, and tribal governments
• Identifies/documents cost-effective policies and initiatives that address climate change, including those that
promote renewable energy, energy efficiency, and related clean technologies
• Measures/evaluates the environmental, economic, and public health benefits of climate change and clean
energy initiatives
• Offers tools, guidance, and outreach support for assessing the options and benefits of actions to reduce
greenhouse gas emissions
• Fosters peer exchange opportunities for state and local officials to share information on best practices and
lessons learned about innovative policies and programs
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http://www.epa.gov/statelocalclimate/
What EPA is Doing
Partnering Internationally
• EPA is engaged in a variety of
international activities to advance
climate change science, monitor our
environment, and promote activities
that reduce greenhouse gas emissions
• EPA establishes partnerships, provides
leadership, and shares technical
expertise to support these activities
• EPA participates in bi-and multilateral
partnerships, providing leadership,
technical expertise, and capacity
building support
UN Framework Convention
on Climate Change
As a party to the Framework,
the U.S. is committed to
working with the
international community to
promote the convention’s
key objective: stabilizing
greenhouse gas
concentrations in the
atmosphere at a level that
prevents dangerous humaninduced interference with the
climate system
http://epa.gov/climatechange/EPAactivities/internationalpartnerships.html
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What EPA is Doing
Helping Communities Adapt
• Across the United States and the world,
climate change is already affecting
communities, livelihoods, and the
environment
• In response, many parts of the federal
government are taking action to help Americans
adapt to current and potential risks
• For example, EPA's Climate Ready Estuaries and
Climate Ready Water Utilities programs help
coastal resource managers and water utility
managers, respectively, plan and prepare for
climate change
http://epa.gov/climatechange/impacts-adaptation/fed-programs.html
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Supreme Court Stays the Clean Power Plan
•
February 9, 2016 – The Supreme Court stayed
implementation and enforcement of the Clean Power Plan
pending judicial review
•
Implementation and
enforcement are on
hold
EPA firmly believes the Clean Power Plan will be upheld
when the merits are considered because the rule rests on
strong scientific and legal foundations
•
State submittals not
required on
September 6, 2016
For the states that choose to continue to work to cut carbon
pollution from power plants and seek the agency’s guidance
and assistance, EPA will continue to provide tools and
support
•
EPA will continue to
work with states that
want to work with us
on a voluntary basis
o
•
•
•
Key Points
The Court’s decision was not on the merits of the rule
EPA will provide additional information as it is available
The remainder of this presentation describes the various components of the CPP for existing
sources as they were on February 9, 2016, and is presented only for informational purposes –
implementation and enforcement of the CPP for existing sources is on hold pending judicial review
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Presented for informational purposes only; the CPP for existing sources is stayed pending judicial review
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HITTING “PAUSE”
ON CLIMATE ACTION
The Supreme Court’s Stay
of the Clean Power plan
Jan. 21, 2016 – D. C. District Court Panel denies blockage of
EPA enforcement
Feb. 9, 2016 Supreme Court Stay of EPA Enforcement
Feb. 13, 2016 - Judge Antonin Scalia Dies
Summary
On August 3, 2015 EPA announced three actions that will significantly
reduce carbon pollution from the power sector, the largest source of carbon
pollution in the US
o Carbon Pollution Standards – new, modified and reconstructed
sources IN EFFECT; NOT STAYED
• 80 FR 64509; October 23, 2015
o Clean Power Plan (CPP) – existing sources STAYED
• 80 FR 64661; October 23, 2015
o Federal Plan proposal and model rules Proposed, not finalized
• 80 FR 64965; October 23, 2015
When the stay is lifted EPA’s actions will
o Achieve significant pollution reductions
o Deliver an approach that gives states and utilities plenty of time to
preserve ample, reliable and affordable power
www.epa.gov/cleanpowerplan
Presented for informational purposes only; the CPP for existing sources is stayed pending judicial review
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The Clean Power Plan
Presented for informational purposes only; the CPP for existing sources is stayed pending judicial review
What sources?
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Category-Specific Performance Rates
Power plants are subject to the same standards no matter where
they are located.
Emission
Performance
Rates
(application
of BSER)
X
Unique State
Generation
Mix
=
Unique State
Goal Rates
Mass
Equivalents
EPA established carbon dioxide emission performance rates for two subcategories of existing fossil fuel-fired
electric generating units (EGUs):
• Fossil fuel-fired electric generating units (generally, coal-fired power plants) and
• Natural gas combined cycle units.
Emission performance rates have been translated into equivalent state goals. In order to maximize the range of
choices available to states, EPA provided state goals in three forms:
• rate-based goal measured in pounds per megawatt hour (lb/MWh),
• mass-based goal measured in short tons of CO2 and
• mass-based goal with a new source complement (for states that choose to include new sources) measured in short tons of CO2.
Presented for informational purposes only; the CPP for existing sources is stayed pending judicial review
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Choosing the Glide Path to 2030
• Phased-in glide path (compliance timelines currently stayed)
• The interim period runs from 2022-2029 and includes three interim performance
periods creating a reasonable trajectory (smooth glide path)
• Interim steps (currently stayed)
• Step 1 – 2022-2024
• Step 2 – 2025-2027
• Step 3 – 2028-2029
• Provided that the interim and final CO2 emission performance rates or goals are met,
for each interim period a state can choose to follow EPA’s interim steps or customize
their own
• Renewables and energy efficiency can help states meet their goals
• Investments in renewables can help states under all plan approaches to achieve the
Clean Power Plan emission goals while creating economic growth and jobs for
renewable manufacturers and installers, lowering other pollutants and diversifying the
energy supply
• Energy efficiency improvements are expected to be an important part of state
compliance across the country and under all state plan types, providing energy savings
that reduce emissions, lower electric bills, and lead to positive investments and job
creation
Presented for informational purposes only; the CPP for existing sources is stayed pending judicial review
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Presented for informational purposes only; the CPP for existing sources is stayed pending judicial review
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Electric Utilities switching to Natural Gas
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Coal Mining Jobs
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Mountain Top Removal
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Memphis TN 2011
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Wildlife Effects
NC Fish Kill
Fish exposed to Selenium
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Plant Scherer Juliette GA
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Progress Rept/Plan Type
Interim
Step 1
Interim
Step 3
Source: RAP from modified Nicholas Institute graphic
2031
2030
2029
2028
2027
2026
2025
2024
2023
2022
2021
2020
Clean
Energy
Incentive
Program
2019
2018
Final Plan
Submission
Interim
Step 2
2017
2016
Initial State
Submission
CPP Compliance Timing