On September 1, the Independent Regulatory Review Commission voted 3 to 2 to approve the final Environmental Quality Board regulation to reduce carbon emissions from power plants.

The Commission acted after hearing comments on the regulation for over four hours of comments from those supporting and opposing the regulation. 

There was really nothing new offered in support of or in opposition to the regulation since Gov. Wolf directed DEP to prepare the regulation in October 2019.

IRRC Commissioner John Soroko first made a motion to disapprove the regulation.

In making his motion, Soroko expressed concern about whether the EQB had the statutory authority to adopt the regulation, the auction fees that are part of the regulation he believes are a tax which only the General Assembly has authority to enact and the substantial impact the regulation will have on affected parties.

The Soroko motion failed 2 to 3.

Commissioner Murray Ufberg then made a motion to approve the regulation which passed 3 to 2.

Click Here for the IRRC’s approval order.

What Happens Next?

Given the approval by the IRRC, the Senate and House Environmental Resources and Energy Committees now have 14 days from the date the IRRC delivers their approval order to report out a concurrent resolution killing the regulation.

The IRRC delivered their order to the Committees September 1, the same day as their action.  Click Here for a copy.

The House Environmental Resource and Energy Committee has already scheduled a meeting on a concurrent resolution to kill the regulation on Thursday, September 2.   Read more here.

The House and Senate each have 30 calendar days or ten legislative days, whichever is longer, to adopt the concurrent resolution and present it to the Governor for his action.

Gov. Wolf would be expected to veto the resolution if it got to his desk.  The Senate and House would then have to decide whether to override the veto.

Click Here to watch a video of the meeting [when available].  Click Here for copies of statements offered during the meeting.  Click Here for all the comments sent to the IRRC on this final regulation.

For more information on the final regulation, visit DEP’s Regional Greenhouse Gas Initiative webpage.

Click Here for background on how we got to this point and how stakeholders and the Senate and House have been involved in this issue.

(Photo: The Bruce Mansfield Power Plant, Beaver County, the largest coal-fired power plant in Pennsylvania closed in November 2019 due to competition from natural gas.  No plan was in place to help the workers and community deal with the impact of the closure.)

Reactions:

-- Gov. Wolf: Issues Statement On IRRC Approval Of RGGI Regulation

-- DEP: IRRC Approves CO2 Budget Final Rulemaking

-- Sen. Comitta, Minority Chair Senate Environmental Committee, Applauds RGGI Approval

-- Sen. Yaw: IRRC Approves Governor’s Carbon Tax Regulation

-- Rep. Metcalfe Moving Forward With House Committee Meeting On Job-Killing RGGI Scheme

-- PA Chamber: Urges Legislative Action Against RGGI Regulation After IRRC Approval

-- Power PA Jobs Alliance: Disappointed, But Not Surprised By IRRC Approval Of RGGI Reg.

-- PA Environmental Council: Key Climate Regulation Closer To Finalization

-- Chesapeake Bay Foundation: Urges Support For PA Program To Reduce Carbon Dioxide Emissions

-- PennFuture Responds To IRRC Vote On Carbon Reduction Program In PA

-- Clean Air Council: Lauds IRRC Approval Of PA’s CO2 Budget Trading Program Reg.

-- PennEnvironment: Applauds IRRC Vote To Approve RGGI Regulation

-- NRDC: PA Takes Key Step Towards Major Climate Action

NewsClips:

-- AP: Pennsylvania’s Carbon Plan Clears Major Regulatory Hurdle

-- PG - Laura Legere: Wolf’s Carbon-Cutting Plan ‘In The Public Interest,’ Review Board Finds

Related Article:

-- How Did We Get Here: Background On The Final EQB Regulation Reducing Carbon Pollution From Power Plants [RGGI]

[Posted: September 1, 2021]

9/6/2021