On April 21, eighteen Senate Republicans wrote to Gov. Wolf asking him to withdraw his October 2019 Executive Order directing DEP to establish a carbon pollution reduction program covering power plants saying the COVID-19 pandemic has dramatically reshaped Pennsylvania’s economy.

“In the past month, we have witnessed 20% of our workforce apply for unemployment compensation benefits, and to date, our state has not reopened.  Workers, families, and communities are suffering through no fault of their own.

“Additionally, we are deeply concerned that the economic impacts caused by COVID-19 will continue into the foreseeable future. 

“Should DEP continue on the current regulatory path to implement a carbon dioxide budget trading program it will only add to that suffering as power plants and the businesses that supply them will likely be forced to shut down, and the communities that they support will experience additional unnecessary pain.

“Communities, such as those in Western PA and other parts of the state with fossil fuel plants, are already suffering under the effects of the pandemic.  These very same communities are the ones to suffer exponentially more if a carbon dioxide trading program proceeds in Pennsylvania.”

The letter points out the Senate Environmental Committee was forced to cancel four public hearings on the proposal by the COVID-19 pandemic that they said would have provided an opportunity for public comments on the proposal.

“The Senate Environmental Resources and Energy Committee is developing processes to continue its oversight responsibilities, and a withdrawal of Executive Order 2019-7 would demonstrate respect of the oversight process and the critical role it plays in our democracy.

“We respectfully submit that the regulatory process to implement a carbon dioxide trading program in this environment is more appropriate when the process for transparency and the opportunity for public comment can be fully realized.”

Click Here for a copy of the letter.

In November of last year, Senate and House Republicans introduced legislation that would take away DEP’s authority to adopt any carbon pollution reduction program in response to the Governor’s Executive Order.

Neither of the bills-- Senate Bill 950 (Pittman-R-Indiana) and House Bill 2025 (Struzzi-R-Indiana)-- have seen any legislative action, but they have been the subject of multiple hearings, information meetings and briefings.

Reaction To Idea Of Delay

Although not a specific reaction to this letter, the issue of delaying the RGGI proposal did come up in the April 23 meeting of the DEP Citizens Advisory Council and the Air Quality Technical Advisory Committee.

Hayley Book, Senior Advisor on Energy and Climate, who has been managing the RGGI project, said any regulation adopted to implement a carbon pollution reduction program from power plants would not be effective until 2022.  There would be no impacts between now and then

In addition, Book said a recent study by Harvard University has found a link between air pollution-- PM2.5 particulate pollution-- and a higher death rate from COVID-19.

She said there will be plenty more opportunities to comment on the proposal and for continued conversations.

A poll done in May of last year found 79 percent of Pennsylvanians supported a carbon pollution reduction program covering power plants.

As former Gov. Tom Ridge said in an op-ed in The Atlantic Magazine on Earth Day, conservatives are out of touch with the public on the environment.

Background

Gov. Wolf signed an Executive Order in October directing DEP to join the interstate Regional Greenhouse Gas Initiative through a regulation adopted by the Environmental Quality Board.

RGGI is a market-based cap-and-invest by northeast states to reduce greenhouse gas emissions from power plants.

DEP released a draft regulation establishing a proposed cap-and-invest program on January 30, However, it did not include key provisions related to the overall cap on carbon emissions and how much the cap would be reduced each year.

DEP first reviewed it with the Air Quality Technical Advisory Committee on February 13, DEP’s Citizens Advisory Committee on February 18 and the Climate Change Advisory Committee on February 25.

DEP is again meeting with the Citizens Advisory Council and the Air Quality Technical Advisory Committee April 23 on the proposal.

DEP Secretary Patrick McDonnell also said the agency has been holding meetings with individual stakeholders on the proposal.

In addition, there have been multiple hearings and information meetings in the Senate and House already on the proposal.  Click Here for more background on Senate and House reviews.

For more information on RGGI, visit DEP’s Regional Greenhouse Gas Initiative webpage.

Text Of Letter

The text of the letter follows--

Dear Governor Wolf,

We write to request your rescission of Executive Order No. 2019-7 directing the Pennsylvania Department of Environmental Protection (DEP) to submit a proposed rulemaking to the Environmental Quality Board to establish a “carbon dioxide budget consistent in stringency to that established in the Regional Greenhouse Gas initiative (RGGI) participating states,” and to direct DEP to suspend regulatory efforts to implement RGGI or any carbon dioxide budget trading program in Pennsylvania.

Since the execution of Executive Order No. 2019-7, the world economy, and certainly Pennsylvania’s economy, has been dramatically reshaped with the ongoing COVID-19 pandemic.

In the past month, we have witnessed 20% of our workforce apply for unemployment compensation benefits, and to date, our state has not reopened.  Workers, families, and communities are suffering through no fault of their own.

Additionally, we are deeply concerned that the economic impacts caused by COVID-19 will continue into the foreseeable future. 

Should DEP continue on the current regulatory path to implement a carbon dioxide budget trading program it will only add to that suffering as power plants and the businesses that supply them will likely be forced to shut down, and the communities that they support will experience additional unnecessary pain.

The COVID-19 pandemic combined with Center for Disease Control mandates and your Executive Orders have significantly re-shaped the policy making process in Pennsylvania-- including the legislative and regulatory processes-- which under the Pennsylvania and United States Constitutions, and our democratic system of government, rely heavily on the ability of workers, employers and communities to weigh in on the development of major policy initiatives.

In fact, Executive Order 2019-7, and your public comments surrounding its announcement, promised a “robust public outreach effort.”

Unfortunately, given the current environment which we are all now adapting to operating within, such a public outreach initiative has come to a halt and in the future will likely to be faced with significant limitations.

For its part, DEP has postponed advisory committee meetings intended to vet the carbon dioxide budget trading proposal.  And, while the next public meeting is scheduled for April 23, 2020 with both the Citizens Advisory Council (CAC) and Air Quality Technical Advisory Committee (AQTAC), during the April 16, 2020 AQTAC meeting, DEP staff indicated the general public would not be permitted to comment on the carbon dioxide budget trading program presentation at that meeting.

Instead, DEP staff indicated they would defer public comment to the next respective AQTAC and CAC meetings, with the CAC meeting taking place after DEP plans to request action on the proposal from AQTAC.

This decision would appear to exemplify the limitations a robust public outreach effort now faces.  In fact, DEP has yet to allow meaningful public comment from any communities, employers or workers who will be harmed by this proposed carbon dioxide trading program.

Furthermore, at the April 23 CAC/AQTAC joint meeting it is our understanding that DEP intends to produce certain results from modeling conducted thru a contract with ICF.  Notably, with respect to such modeling, nothing could have possibly contemplated the impacts of the COVID-19 pandemic.

Consumer demand for electricity has collapsed. Power plants are struggling with these lower prices, which could hasten the premature closure of coal and gas plants throughout the Commonwealth.

Communities, such as those in Western PA and other parts of the state with fossil fuel plants, are already suffering under the effects of the pandemic.  These very same communities are the ones to suffer exponentially more if a carbon dioxide trading program proceeds in Pennsylvania.

The Senate Environmental Resources and Energy Committee was recently forced to cancel four public hearings to discuss the carbon dioxide budget trading program proposal.  Those meetings were to be held both in Harrisburg and within impacted communities.

The Committee had intended to hear from several representatives from organized labor, local business and political leaders, and electric customers concerned about the impact the regulatory proposal could have on electric generation across Pennsylvania.

The Senate Environmental Resources and Energy Committee is developing processes to continue its oversight responsibilities, and a withdrawal of Executive Order 2019-7 would demonstrate respect of the oversight process and the critical role it plays in our democracy.

We respectfully submit that the regulatory process to implement a carbon dioxide trading program in this environment is more appropriate when the process for transparency and the opportunity for public comment can be fully realized.

We encourage you to consider this urgent request for rescission carefully.

Sincerely,

Senators Gene Yaw (R-Lycoming); Joe Pittman (R-Indiana); Dave Argall (R-Schuylkill); Joe Scarnati (R-Jefferson); Jake Corman (R-Centre); Patrick Browne (R-Lehigh); Bob Mensch (R-Montgomery); Kim Ward (R-Westmoreland); Ryan Aument (R-Lancaster); Camera Bartolotta (R-Fayette); Scott Martin (R-Lancaster); Scott Hutchinson (R-Venango); Wayne Langerholc (R-Bedford); Dave Arnold (R-Lebanon); Doug Mastriano (R-Adams); Judy Ward (R- Blair); Pat Stefano (R-Fayette); Kristin Phillips-Hill (R-York).

Click Here for a copy of the letter.

Related Articles:

New Poll Finds 79% Of Pennsylvania Voters Support Limits On Carbon Pollution From Power Plants

DEP Secretary McDonnell: The Time For Action On Climate Change Is Now - And The People Of Pennsylvania Know It

Republicans Out-Of-Touch With 79% Of Pennsylvanian On Climate Change

Op-Ed: My Fellow Conservatives Are Out Of Touch On The Environment - Fmr. Gov. Tom Ridge

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[Posted: April 23, 2020]

4/27/2020