On November 7, the Environmental Quality Board published a formal notice in the PA Bulletin inviting public comments on a proposed regulation establishing a Carbon Pollution Reduction Program covering power plants that is consistent with the Regional Greenhouse Gas Initiative (RGGI) covering mid-atlantic and northeast states. (formal notice)

Comments on the proposal are due January 14 and 10 virtual public hearing comment sessions have been scheduled over five days in December.

“The impacts of climate change have had and will continue to have a dramatic effect on Pennsylvania communities and economies,” said Patrick McDonnell, Secretary of the Department of Environmental Protection and Chair of the EQB. “We believe our participation in RGGI will help protect residents and future generations from the negative impacts of climate change.”

RGGI is a market-based collaboration among 10 Northeast and Mid-Atlantic states to reduce greenhouse gas emissions while generating economic growth.

Under DEP’s proposal, power plants must acquire carbon dioxide allowances equal to the amount of CO2 they emitted. And while each state has its own allowance budget, the only firm cap is the regional one.

Entities in each of the qualifying states can purchase and trade allowances- allowing for the most efficient and cost-effective emissions reductions.

By participating in RGGI Pennsylvania will reduce climate pollution from carbon emissions by a massive 188 million tons by 2030. Emission of other harmful pollutants like nitrogen oxides,  sulfur dioxide, and particulate matter emissions will also drop significantly.

These reductions will particularly benefit those most often impacted by marginal air quality, such as children and at-risk seniors, especially in low income and environmental justice communities.

By participating in RGGI Pennsylvania will reduce climate pollution from carbon emissions by a massive 188 million tons by 2030. Emission of other harmful pollutants like nitrogen oxides,  sulfur dioxide, and particulate matter emissions will also drop significantly.

These reductions will particularly benefit those most often impacted by marginal air quality, such as children and at-risk seniors, especially in low income and environmental justice communities.

DEP’s modeling estimates that from 2022 to 2030, participating in RGGI would lead to an increase in Gross State Product of nearly $2 billion and a net increase of over 27,000 jobs in this Commonwealth. 

The results also show that overall citizens of this Commonwealth could see a cumulative increase in Disposable Personal Income of $3.7 billion by 2050. 

These estimates are at the low end because they do not include investments of RGGI revenues in things like energy efficiency improvements for businesses and homeowners, economic support for communities that see changes resulting from changing electricity generation and usage, and clean energy sources.

A broad and diverse group of business, environmental, community and other stakeholders have supported the proposal [Read more here], although Republicans in the Senate and House from coal mining areas and with the few remaining coal-fired power plants have opposed the measure [Read more here].

Development of the proposal began more than a year ago when Gov. Wolf issued an executive order directing DEP, under its existing statutory authority, to prepare a proposed regulation establishing the program.

Since then there has been intense interest in the Senate and House, among stakeholders, environmental groups and many others about the potential impact of the proposal on the environment, energy prices and Pennsylvania’s economy.

There have been multiple hearings and information sessions on the proposal and the concept behind it in the Senate and House, meetings with DEP advisory committees and a general invitation to the public to send DEP their concerns and comments.

The result of this public consultation is the regulation published in the PA Bulletin and adopted by the Environmental Quality Board as a proposal for comment by a vote of 13 to 6.  [Read more here.]

Public Hearings/Comments

The EQB voted to establish a 60 day comment period that includes 12 virtual public hearings sessions on five days to collect comments on the proposal.  Comments are due by January 14.

Comments may be submitted in several ways, through DEP’s eComment webpage; by sending email to: RegComments@pa.gov;  and by mail to: Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477.

The public hearing sessions will be held--

-- December 8: 9:00 a.m. to Noon; and 1:00 to 4:00 p.m.

-- December 9: 1:00 to 4:00 p.m.; and 6:00 to 9:00 p.m.

-- December 10: 1:00 to 4:00 p.m.; and 6:00 to 9:00 p.m.

-- December 11: 9:00 a.m. to Noon; and 1:00 to 4:00 p.m.

-- December 14: 1:00 to 4:00 p.m.; and 6:00 to 9:00 p.m.

Information on how to access the hearings will be available on the Board's webpage

Persons wishing to present testimony at a hearing must contact Jennifer Swan for the Department and the Board, at 717-783-8727 or email to RA-EPEQB@pa.gov at least 24 hours in advance of the hearing to reserve a time to present testimony.

Language interpretation services are available upon request. Persons in need of language interpretation services must contact Jennifer Swan by 5 p.m. on December 1, 2020.

Registration to present testimony at a hearing is on a first come, first served basis. To help provide interested persons with an opportunity to present testimony, organizations are limited to designating one witness to present testimony on their behalf at one of the hearings.

Verbal testimony is limited to 5 minutes for each witness. Video demonstrations and screen sharing by witnesses will not be permitted.

Witnesses are requested to submit a written copy of their verbal testimony by email to RegComments@pa.gov after providing testimony at the hearing.

Any members of the public wishing to observe the public hearing without providing testimony are also directed to access the Board's webpage. The public hearings may be accessed by means of telephone or Internet connection.

Those who have not registered with Jennifer Swan in advance as described previously will remain muted for the duration of the public hearing.

Read the entire PA Bulletin notice for more information.

The proposal will also be reviewed by Senate and House environmental committees and the Independent Regulatory Review Commission.

Other background documents available on the proposal include--

-- Regulatory Analysis Form (PDF)

-- CO2 Budget Unit Application (PDF)

-- CO2 Budget Source Annual Cogeneration Application Form (PDF)

-- CO2 Budget Source Compliance Certification Form (PDF)

-- CO2 Budget Source Quarterly Reporting Form (PDF)

Read the entire PA Bulletin notice for more information.

Visit DEP’s Regional Greenhouse Gas Initiative webpage to learn more about the proposal.

Background

On October 3, 2019, Gov. Wolf issued an executive order directing DEP, under its existing statutory authority, to prepare a proposed regulation establishing a Carbon Pollution Reduction Program for power plants compatible with the Regional Greenhouse Gas Initiative.

That announcement kicked off a public discussion of setting up a program in the Senate and House, with DEP advisory committees and with the public generally.

There have been multiple hearings and information meetings in the Senate and House already on DEP’s proposed Carbon Pollution Reduction Program, plus individual discussions with legislators on the issue, starting last October before DEP even had a formal proposal.

On November 19, Senate and House Republicans announced legislation to take away DEP’s authority to adopt any greenhouse gas reduction program like RGGI or the Regional Transportation Climate Initiative addressing carbon emission reductions from vehicle fuels.

No legislation was introduced by Republicans to address how the proceeds from a Carbon Pollution Reduction Program would be used to support communities and workers affected by the transition happening now to a cleaner energy economy.

On January 30 DEP released draft regulations establishing a cap-and-invest Carbon Pollution Reduction Program capable with RGGI for discussion with stakeholders, advisory committees and the public and during individual meetings with legislators and stakeholders.

Three DEP advisory committees considered DEP’s proposal-- two voted against forwarding the proposal to the Environmental Quality Board for consideration and the third ended in a tie vote.

On April 21, 18 Senate Republicans wrote to Gov. Wolf asking him to withdraw his executive order requiring DEP to develop a Carbon Pollution Reduction Program.  On May 5, House Republican members did a similar letter.

Gov.  Wolf declined to withdraw the executive order and urged Republicans to help develop a plan that will benefit all Pennsylvanians.  Read more here.

The Senate and House environmental committees have held multiple hearings and information sessions on DEP’s carbon pollution reduction proposal starting with a briefing in the Senate on October 22 even before the formal proposal was introduced.

A June 23 Senate committee hearing summarizes the major points made on DEP’s carbon pollution reduction proposal.  Read more here.

On July 3, House Republicans passed House Bill 2025 taking away DEP’s authority to enact carbon pollution reduction programs and moved the bill to the Senate.

On July 30, Senate Minority Leader Jay Costa, Jr. (D-Allegheny) introduced Senate Bill 15 which, consistent with existing statutory authority, provides for the adoption of a “Cap and Invest” program to reduce carbon pollution from power plants and for the use of proceeds from the program to protect communities and workers already adversely affected by the changing energy economy, provide low-income assistance with energy bills and promotes clean energy and energy efficiency. Read more here.

Similar legislation was introduced in the House-- House Bill 2856-- by Rep. Carolyn Comitta (D-Chester).

On September 9, the Senate passed House Bill 2025 and sent it to the Governor for his action.

On September 15, the Environmental Quality Board voted 13 to 6 to approve the proposed regulation establishing the Carbon Pollution Reduction Program compatible with the Regional Greenhouse Gas Initiative for public review.  Read more here.

On September 24, Gov. Wolf vetoed House Bill 2025 (Struzzi-R-Indiana) taking away DEP’s authority to adopt a carbon pollution reduction program for power plants compatible with the Regional Greenhouse Gas Initiative.

The House Republicans have not said whether they plan to try to override the Governor’s veto of the bill which passed the House 130 to 71, less than a veto-proof majority.

Visit DEP’s Regional Greenhouse Gas Initiative webpage to learn more about the proposal.

NewsClips - Energy:

Laura Legere: EQB Opens Public Comment Process On Controversial Carbon Pollution Cutting Plan

Rachel McDevitt: Public Comment Period Opens For Draft RGGI Rule

Laura Legere: Sharing The Sun: Greene County Woman’s Quest To Get Solar Power To The People

Laura Legere: Consol Gets Federal Grant To Design Cleaner Coal-Fired Power Plant, Maybe In Greene County

Laura Legere: Putting Carbon Back In The Earth Re-Emerges As Bipartisan Strategy

Anya Litvak: 200,000 Utility Customers In Western PA Behind On Their Bills, Help Available For Many

WESA: PA’s Moratorium On Utility Shutoffs Ends Nov. 9

Related Articles - Carbon Pollution Reduction Proposal:

-- Gov. Wolf Vetoes Bill Taking Away DEP’s Authority To Adopt A Carbon Pollution Reduction Program For Power Plants

-- EQB Votes 13 To 6 To Approve Proposed Carbon Pollution Reduction Regulations Covering Power Plants For Public Review

-- PEC/EDF: The General Assembly Has Remained Silent On Climate Change

-- Senate Virtual Hearing Covers Familiar Ground On Carbon Pollution Reduction Program For Power Plants; DEP Expects No Delay In Implementation With Extension

-- Gov. Wolf Sets Goal Of Reducing Greenhouse Gas Emissions By 80% By 2050 From 2005 Levels

-- Senate Virtual Hearing Covers Familiar Ground On Proposed Carbon Pollution Reduction Program For Power Plants; DEP Expects No Delay In Implementation With Extension

-- Sen. Costa Introduces Bill To Reduce Carbon Pollution From Power Plants, Protect Communities, Workers Already Affected By Changing Energy Economy

-- House Passes Bill Taking Away DEP’s Authority To Adopt Carbon Pollution Reduction Program For Power Plants

-- New PA Poll: 72% Of Pennsylvania Voters Say It's Important Their Electricity Comes From Energy Not Creating Carbon Emissions

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

-- Republican House Members Sign Letter Urging Governor To Halt Efforts To Join Regional Carbon Pollution Reduction Program

-- 18 Senate Republicans Ask Gov. Wolf To Withdrawn His Executive Order Asking DEP To Establish A Carbon Pollution Reduction Program For Power Plants

-- Pennsylvania, 14 States, DC Sign MOU To Zero Out Greenhouse Gas Emissions From Trucks By 2050

-- New PEC Podcast: Fmr Gov. Tom Ridge On Conservatives Being Out Of Touch On The Environment

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

Related Articles - Climate - Renewable Energy:

-- DEP Now Accepting Applications For Electric Cargo Handling, Marine & Rail Freight Movers Grant Programs

-- Virtual College Town Hall: PA And Climate Change - What Does The Future Hold? Nov. 9

-- Op-Ed: Community Solar Offers Bright Spot Of Revenue Opportunity - PA Conservative Energy Forum

[Posted: November 6, 2020]

11/9/2020