Back 

States Reactions to Proposed EPA Greenhouse Gas Emissions Standards635333237

States Reactions to Proposed EPA Greenhouse Gas Emissions Standards

Melanie Condon and Jocelyn Durkay 7/25/2014

The U.S. Environmental Protection Agency (EPA) is working to craft final rules that would regulate the greenhouse gas emissions from future and existing power plants as part of President Obama’s Climate Action Plan. As these regulations are being developed, states are responding through legislation and public comments to ensure the rules will meet their energy needs and resource mixes.

Proposed Rules for Future Power Plants

coal power plantOn Sept. 20, 2013, in response to President Obama’s request under his Climate Action Plan, the EPA released proposed regulations for carbon dioxide emission limits produced by future power plants known as the “Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units.” Along with the release of the new proposed regulations, EPA withdrew the standards on greenhouse gas emission limits for new power plants that the agency originally introduced in 2012.

New coal-fired plants and new natural gas-fired turbines are treated differently under the proposed rule, which sets emission limits at 1,100 pounds per megawatt hour for coal-fired plants and 1,000 pounds per megawatt hour for large natural gas-fired turbines. Smaller natural gas-fired turbines, those producing approximately 100 megawatts of electricity or less, would be allowed 1,100 pounds per megawatt hour.

As outlined in the president’s Climate Action Plan, the regulations for new power plants should be finalized one year from the proposed date, and would immediately go into effect under the requirements of the Clean Air Act. The official public comment period for the proposed rules began on Jan. 8, 2014, and was originally intended to be open for 60 days. However, the deadline has since been extended for another 60 days, now ending on May 9, 2014.

Proposed Rules for Existing Power Plants

On June 2, 2014 EPA released long-anticipated carbon dioxide emission standards for existing power plants. The proposed Clean Power Plan, as the administration is calling it, would require the overall power sector to cut carbon dioxide emissions 30 percent below 2005 levels by 2030. To do this, EPA is proposing state-specific emissions goals. The state goals are not requirements on each specific power plant, but rather provide individual states the flexibility to meet the reduction standards by 2030 through lowering overall carbon intensity of the power sector. EPA will determine state-specific goals by using a basic formula of:
 
CO2 emissions from power plants in pounds

 

= State-specific goal

State electricity generation from power plants in Megawatt Hours
 

Under the new proposed rules, states would be given the ability to tailor their implementation plans to the states’ unique characteristics that still fit with their state-specific goals to reduce carbon pollution. EPA has identified four “building blocks” that they feel make up the best system of emission reductions: heat rate improvements; using less carbon intensive affected electricity generating units; using more low- or zero-carbon generation; and using demand-side energy efficiency. States do not have to put in place the same strategy that EPA laid out in order to achieve compliance. The agency is also encouraging states to work together with their regions to develop multi-state plans, if it makes sense.

States must submit their implementation plans for reducing carbon dioxide emissions by June 2016; though extension waivers will be made available. The proposed rule will be open for 120 days for public comment.

Regulatory Authority

The EPA is developing these emissions limits for future and existing power plants under authority of Section 111 of the Clean Air Act. This section requires EPA to develop regulations for categories of sources that cause or significantly contribute to air pollution that may endanger public health or welfare. EPA has regulated more than 70 stationary source categories and subcategories under Section 111.

The proposed rules for new power plants are being issued pursuant to Section 111(b) of the Clean Air Act, which directs EPA to establish emission standards for new and modified sources of air pollution. Under Section 111(b) EPA has promulgated standards for nitrogen oxides, sulfur dioxide and particulate matter emissions for new and modified electric generating units. These new actions represent the first time that EPA has attempted to regulate carbon dioxide emissions under Section 111(b).

The limits being developed for existing power plants are under authority of Section 111(d) of the Clean Air Act, which establishes a process for EPA and states to regulate emissions from already operating facilities. Under this section, whenever EPA promulgates a standard for a new source, states are required to develop plans for existing sources of pollutants for which there is no national ambient air quality standard.

While there are currently emission limits on power plants for mercury and arsenic, there are no limits on carbon dioxide. In a 2007 U.S. Supreme Court Case, Massachusetts v. EPA, the court determined that the agency could regulate carbon dioxide emissions if it was able to conclude that the gas endangered public health or the environment. In 2009 EPA issued this “endangerment finding” for carbon dioxide.
 

Public Outreach

EPA has stated that engaging with the public on the state and local level is central to the effective promulgation of the proposed rules regarding carbon dioxide limits for power plants, both new and existing (expected in June 2014). EPA has 10 regional offices across the country responsible for coordinating outreach and disseminating information to the states in that region. In October and November 2013, EPA held 11, day-long, public listening sessions in each of its regional office locations and at the headquarters in Washington, D.C., in which the public was encouraged to provide feedback on the proposed rules. EPA reported that, so far, more than 10,000 people participated in the outreach process and more than 2,000 people have submitted email comments to the agency. Additionally, a public webinar on the rules garnered more than 4,000 views.

Source: U.S. Environmental Protection Agency

Public Comment Process:

Any person or group is encouraged to comment on EPA’s proposed rules. There are multiple ways to submit your comments on the proposed rule:

Mail: Send your comments to the EPA Docket Center, U.S. EPA, Mail Code 2822T, 1200 Pennsylvania Ave. NW, Washington D.C. 20460. ATTN: Docket ID No. EPA-HQ-OAR-2013-0495

State Action

States are taking varied approaches to EPA’s proposed and pending regulations for carbon dioxide emissions from power plants. Twenty-three states have introduced 53 bills and resolutions concerning these regulations.

While state legislative activity varies from support to opposition, the common thread between them is an emphasis on the state’s authority to develop and implement regulations that meet their energy needs, resource mix and policies. Thirty bills and resolutions explicitly mention the primacy of states to develop performance standards and of those, 22 cite the primacy of states to implement the Clean Air Act. Twenty-seven resolutions and three bills state support for coal as an energy resource, while 28 resolutions and two bills emphasize the benefits to energy security and reliability that result from a diverse energy portfolio. Five resolutions call for Congressional oversight of EPA with regard to the agency’s regulatory authority of power plant carbon dioxide emissions.

There have also been U.S. congressional responses to EPA’s proposed regulations: U.S. Senator Mitch McConnell (R-Ky.) has submitted an amendment to a House Bill giving Congress the ability to halt EPA’s proposed regulations and has submitted a resolution of disapproval under the Congressional Review Act to stop EPA from issuing its rule.

Legislation

Twelve states—Florida, Idaho, Illinois, Kansas, Kentucky, Louisiana, Missouri, Ohio, Pennsylvania, Virginia, West Virginia and Wyoming—have introduced legislation that would authorize a state agency to develop regulations for carbon dioxide emissions from coal- and natural-gas fired electric generating units or explore the impact of such proposed regulations. Legislation has been enacted in Kansas, Kentucky, Louisiana, Missouri, Virginia, West Virginia and Wyoming. Much of the legislation directs the administrative entity to consider factors such as cost, adequately demonstrated technology, achievability and efficiency when developing regulations. Additionally, legislation may grant the administrative entity flexibility in implementing state-developed regulations and compliance deadlines. Several states include provisions adopting flexible regulatory mechanisms, including averaging emissions, emissions trading or alternative measures. Legislation in Illinois would require coal and natural gas-fired power plants to comply with emissions reductions by 2016. Legislation in Virginia would require a cost-benefit analysis of EPA’s regulations on energy producers and electric utility producers, as well as policy options for meeting the standard, to be included in an update to the state energy plan. Wyoming legislation relates to EPA's regulatory authority as directed by the Constitution.

Legislative summaries of enacted bills are included below in Table 1. Legislative summaries of pending or failed bills are included in Table 2.

Resolutions

Twenty states have introduced 34 resolutions concerning EPA’s regulations on carbon dioxide emissions; 20 resolutions have been adopted in 16 states. The majority of these resolutions emphasize state authority to develop and implement regulations, as directed by the Clean Air Act. Resolutions also urge EPA to honor flexibility in state implementation plans, with a focus on regional or state variations and compliance deadlines. Several resolutions urge EPA to develop separate regulations for highly efficient coal-fired generation units based on ultra supercritical and supercritical technologies. Resolutions also urge the administration or Congress to develop a national energy strategy or to fund further research in carbon capture and sequestration (CCS) technology. Additionally, numerous resolutions urge EPA to base regulations on adequately demonstrated emission-reduction technology or on achievable measures to reduce emissions.

The box allows you to conduct a full text search or use the dropdown menu option to select a state.

Legislative summaries of enacted resolutions are included below in Table 3. Legislative summaries of pending resolutions are included in Table 4.

TABLE 1: Enacted Legislation as of July 25, 2014

STATE BILL SUMMARY
Kansas

House Bill 2636

(Enacted)

Authorize the Secretary of Health and Environment to establish separate standards of performance for carbon dioxide emissions based on adequately demonstrated technology, cost, efficiency and other measures that can be undertaken without requirements for fuel switching, co-firing or limiting the utilization of the unit. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or flexible regulatory mechanisms.

Kentucky

House Bill 388 (Enacted)

Authorizes the Energy and Environment Cabinet to establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Establishes different criteria for coal-fired electric generating units and natural gas-fired electric generating units. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules. Establishes that any plan or performance standard for existing fossil-fuel generating units has no legal effect if EPA does not issue federal rules or guidelines for regulating carbon dioxide emissions from existing electric generating units or if the rules are withdrawn or invalidated by a court of competent jurisdiction.

Louisiana

Senate Bill 650 (Enacted)

Creates the "Louisiana Carbon Dioxide Emission Fuel-Fired Electrical Generating Unit Control Act." Authorizes the Department of Environmental Quality to establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Establishes different criteria for coal-fired electric generating units and natural gas-fired electric generating units. Standards will be based on adequately demonstrated technology, efficiency, achievable means and other factors. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules.

Missouri

House Bill 1631 (Enacted)

Authorizes the Air Conservation Commission to develop emissions standards for generating plants on a case-by-case basis by considering a number of factors, including the useful life of existing affected sources and commercially available and economically feasible technology. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules. Clarifies the commission's legal authority to carry out state implementation plans with emission standards and compliance schedules.

Missouri Senate Bill 664 (Enacted)

Authorizes the Air Conservation Commission to establish standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units on a case-by-case basis. Standards will be based on adequately demonstrated technology, efficiency and achievable means. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Virginia

House Bill 1261 (Enacted)

Requires the Virginia Energy Plan to include an analysis of the costs and benefits to energy producers and electric utility customers resulting from EPA regulations to reduce carbon dioxide emissions from fossil-fueled electric generating units, including the effect on energy markets and reliability and the commercial availability of technology required to comply with such regulations. Requires the Division of Energy of the Department of Mines, Minerals and Energy to establish energy policy positions relevant to any potential regulations of the State Air Pollution Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under Section 111(d) of the Clean Air Act. The division is required to address policy options for establishing separate standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units to promote the plan's overall goal of fuel diversity. The plan is also required to examine policy options for state regulatory action to adopt less stringent standards or longer compliance schedules than those provided for in applicable federal rules or guidelines and identify options, to the maximum extent permissible, for any federally required regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Companion bill to Senate Bill 615.

Virginia

Senate Bill 615 (Enacted)

AS INTRODUCED: Requires the State Air Pollution Control Board to establish separate CO2 performance standards for coal-fired and gas-fired electric generating units on a case-by-case basis, and based on the best system of emission reduction that has been adequately demonstrated and can be reasonably achieved without requiring the unit to switch fuel. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or alternative regulatory mechanisms.

AS AMENDED: Requires the Virginia Energy Plan to include an analysis of the costs and benefits to energy producers and electric utility customers resulting from EPA regulations to reduce carbon dioxide emissions from fossil-fueled electric generating units, including the effect on energy markets and reliability and the commercial availability of technology required to comply with such regulations. Requires the Division of Energy of the Department of Mines, Minerals and Energy to establish energy policy positions relevant to any potential regulations of the State Air Pollution Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under Section 111(d) of the Clean Air Act. The division is required to address policy options for establishing separate standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units to promote the plan's overall goal of fuel diversity. The plan is also required to examine policy options for state regulatory action to adopt less stringent standards or longer compliance schedules than those provided for in applicable federal rules or guidelines and identify options, to the maximum extent permissible, for any federally required regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Amended bill is companion bill to House Bill 1261.

West Virginia

House Bill 4346 (Enacted)

Authorizes the Department of Environmental Protection and the Department of Environmental Protection Advisory Council to establish separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units and existing natural gas-fired electric generating units. Standards should address cost, adequately-demonstrated and achievable means and efficiency. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Wyoming Senate File 75 (Enacted) Declares that the rulemaking authority of EPA is not authorized by the Constitution of the United States, and has severely impacted Wyoming's development of natural resources. Authorirzes the Attorney General to take action before EPA to stop the enforcement, administration or implementation of regulations, following approval by the governor.

Source: National Conference of State Legislatures, 2014

TABLE 2: Pending or Failed Legislation as of July 25, 2014

STATE BILL SUMMARY

Florida

House Bill 703 (Failed)

Includes multiple environmental provisions, including local government, and land and water use provisions.

AS INTRODUCED: Would authorize the Department of Environmental Protection to use flexibility in developing greenhouse gas performance standards for existing industrial sources that is based on adequately demonstrated technology, including implementing less stringent performance standards and establishing longer compliance schedules. If federal regulations are withdrawn or repealed, would require the repeal of substantively identical department rules.

AS AMENDED: Bill text no longer contains reference to state-developed greenhouse gas standards.

Idaho

House Bill 473 (Failed)

Declares that the regulatory authority of EPA is not authorized by the Constitution of the United States, and is therefore declared invalid by the state of Idaho. Establishes that it is the duty of the legislature of Idaho to adopt and enact necessary measures to prevent the enforcement of EPA regulations that are not adopted by the state of Idaho or adopted by Congress.

Illinois

House Bill 4465 (Pending)

Creates the Climate Change and Emissions Management Act. Beginning in 2016, requires facilities with direct greenhouse gas emissions totaling 1,000,000 metric tons or more to reduce greenhouse gas emission by a specified amount; reductions can be accomplished by applying emission offsets and emission performance credits or by making payments to the Climate Change and Emissions Management Fund. Creates the Climate Change and Emissions Management Fund. Contains provisions concerning reports, records, penalties, and rulemaking.

Louisiana

House Bill 1217 (Failed)

Creates the "Louisiana Carbon Dioxide Emission Fuel-Fired Electrical Generating Unit Control Law." Authorizes the Department of Environmental Quality to establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Establishes different criteria for coal-fired electric generating units and natural gas-fired electric generating units. Standards will be based on adequately demonstrated technology, efficiency, achievable means and other factors. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules.

Missouri

House Bill 2140 (Failed)

Authorizes the Air Conservation Commission to establish standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units on a case-by-case basis. Standards will be based on adequately demonstrated technology, efficiency and achievable means. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Missouri

Senate Bill 965 (Failed)

Authorizes the Air Conservation Commission to establish standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units on a case-by-case basis. Standards will be based on adequately demonstrated technology, efficiency and achievable means. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Ohio

House Bill 506 (Pending)

Authorizes the Department of Environmental Protection to establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Establishes different criteria for coal-fired electric generating units and natural gas-fired electric generating units. Standards should address cost, adequately demonstrated and achievable means and efficiency. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules. Establishes that any plan or performance standard for existing fossil-fuel generating units has no legal effect if EPA does not issue federal rules or guidelines for regulating carbon dioxide emissions from existing electric generating units or if the rules are withdrawn or invalidated by a court.

Pennsylvania House Bill 2354 (Pending)

Identical to PA S 1453 as introduced.

As amended: Requires the Department of Environmental Protection to receive approval from the General Assembly for a State plan to regulate carbon dioxide emissions for existing stationary sources prior to submitting the State plan to the United States Environmental Protection Agency for approval. Determines actions the Department of Environmental Protection must take for developing a state implementation plan for carbon dioxide emissions from power plants. Revises the process for the legislature to approve a state implementation, where each chamber is no longer required to submit a concurrent resolution, merely a resolution, approving the implementation plan.

Pennsylvania Senate Bill 1453 (Pending) Requires the Department of Environmental Protection to receive approval from the General Assembly for a State plan to regulate carbon dioxide emissions for existing stationary sources prior to submitting the State plan to the United States Environmental Protection Agency for approval. Determines actions the Department of Environmental Protection must take for developing a state implementation plan for carbon dioxide emissions from power plants.

West Virginia

Senate Bill 530 (Failed)

Authorizes the Department of Environmental Protection and the Department of Environmental Protection Advisory Council to establish separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units and existing natural gas-fired electric generating units. Standards should address cost, adequately-demonstrated and achievable means and efficiency. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Source: National Conference of State Legislatures, 2014

TABLE 3: Adopted State Resolutions as of July 25, 2014

STATE RESOLUTION SUMMARY

Alabama

Senate Joint Resolution 57 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to maintain Alabama's and other states' authority as provided by the Clean Air Act, to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Alabama and other states. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Urges EPA to issue standards based on adequately demonstrated carbon dioxide-specific controls at fossil-fueled power plants.

Arizona

Senate Concurrent Resolution 1022 (Adopted)

Opposes the implementation of rules for new electric generating units that require technology that is not commercially available or technologically feasible. Supports EPA in issuing guidelines for state-established performance standards that do not require new source review. Urges to EPA to honor state's primary authority to develop standards and using maximum flexibility to implement state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Supports congressional oversight of EPA to ensure state’s authority to develop guidelines is respected.

Arkansas Senate Resolution 2a (Adopted) States that the Senate finds that EPA’s proposed guidelines for reducing carbon dioxide emissions from fossil fuel-fired power plants under §111(d) of the Clean Air Act interfere with the sovereign power of the state to regulate electricity and to determine the mix of energy resources that ensures reliable and affordable supplies of electricity for its citizens. Urges EPA to withdraw the proposed guidelines for reducing carbon dioxide emissions from fossil fuel-fired power plants under §111(d) of the Clean Air Act.
Florida

Senate Memorial 1174 (Adopted)

Urges EPA to respect the primacy of states and to rely on state regulators, who take into account the unique policies, energy needs, resource mix, and economic and environmental priorities of their respective states in developing performance standards, compliance schedules, and guidelines for regulating carbon dioxide emissions from existing power plants.

Georgia

House Resolution 1158 (Adopted)

Encourages the administration and Congress to establish a national energy policy. Encourages EPA to establish separate guidelines for coal-fueled electric generating units that are based on highly efficient units such as ultrasupercritical and supercritical technologies without carbon capture and sequestration, recognizing the fact that additional time is needed for carbon capture and storage to become an adequately demonstrated best system of emissions reduction. Supports further efforts to research and develop carbon capture and sequestration technologies. Encourages EPA to consult with Georgia and all of the states as it develops greenhouse gas emission guidelines for existing power plants, recognizing each state's authority under the Clean Air Act to set source performance standards. Supports maximum flexibility for states to implement carbon dioxide performance standards for fossil-fueled power plants. Identical to House Resolution 1159.

Georgia

House Resolution 1159 (Adopted)

Encourages the administration and Congress to establish a national energy policy. Encourages EPA to establish separate guidelines for coal-fueled electric generating units that are based on highly efficient units such as ultrasupercritical and supercritical technologies without carbon capture and sequestration, recognizing the fact that additional time is needed for carbon capture and storage to become an adequately demonstrated best system of emissions reduction. Supports further efforts to research and develop carbon capture and sequestration technologies. Encourages EPA to consult with Georgia and all of the states as it develops greenhouse gas emission guidelines for existing power plants, recognizing each state's authority under the Clean Air Act to set source performance standards. Supports maximum flexibility for states to implement carbon dioxide performance standards for fossil-fueled power plants. Identical to House Resolution 1158.

Illinois

House Resolution 782 (Adopted)

Urges EPA, when developing guidelines for regulating carbon dioxide emissions, to respect the primacy of Illinois and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mixes, and economic priorities of Illinois and other states. Encourages EPA to establish achievable measures for regulating greenhouse gas emissions. Supports maximum flexibility for states to implement carbon dioxide performance standards for fossil-fueled power plants, including implementing less stringent performance standards and establishing longer compliance schedules. Companion bill to Senate Resolution 912.

Illinois House Resolution 1146 (Adopted)

Supports the role of nuclear energy in Illinois. Among other provisions, urges EPA to adopt rules that treat low-carbon resources, such as nuclear power plants, equally, regardless of age or fuel source. Urges EPA to require actions to secure the continued operations of Illinois' nuclear power plants as a compliance mechanism to meet any new federal greenhouse gas regulations and to adopt rules that allow the state to offset and balance emissions from fossil fuel electric generational with emission-free nuclear generation. Urges the Illinois Environmental Protection Agency to prepare a report discussing how the closure of nuclear power plants in the state will affect the societal cost of increased greenhouse gas emissions.

Indiana

House Resolution 11 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Indiana and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Indiana and other states. Urges to EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions.

Indiana

House Resolution 70 (Adopted)

Encourages the administration and Congress to establish a national energy policy. Encourages EPA to establish separate guidelines for coal-fueled electric generating units that are based on highly efficient units such as ultrasupercritical and supercritical technologies without carbon capture and sequestration, recognizing the fact that additional time is needed for carbon capture and storage to become an adequately demonstrated best system of emissions reduction. Supports further efforts to research and develop carbon capture and sequestration technologies. Supports regulations that are cost-effective for Indiana and do not require existing units to retire or curtail operation. Supports performance standards that recognize state and regional variations and would not mandate modifications to the mix of fuels in existing or future resource portfolios.

Louisiana Senate Resolution 180 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Louisiana and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Missouri

House Concurrent Resolution 30 (Adopted)

Urges EPA to reject any federal fossil fuel emission rules or regulations that would have the effect of removing coal as a viable fuel option for both new and existing electric generation in the state of Missouri and elsewhere, and to adopt rules and regulations that allow state utility and environmental regulators maximum flexibility and discretion in implementing rules and regulations.

Missouri

House Concurrent Resolution 38 (Adopted)

Urges Congress to decrease EPA's authority to regulate water quality and the use of coal and wood as energy sources.

Nebraska

Legislative Resolution 482 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Nebraska and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of each state. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges to EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Oklahoma

Senate Concurrent Resolution 39 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Oklahoma and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix and economic priorities of Oklahoma and other states. Urges EPA to issue guidelines and approve state-established performance standards that are based on reductions of carbon dioxide emissions achievable by measures undertaken at fossil-fueled electric generation facilities. States that Oklahoma and other states should be given maximum flexibility by EPA to implement carbon dioxide performance standards for fossil-fueled electric generation facilities within their jurisdiction.

Pennsylvania House Resolution 815 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Pennsylvania and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

South Dakota

House Concurrent Resolution 1022 (Adopted)

Urges the administration and Congress with input from federal agencies to establish a national energy policy that encourages access to and removal of impediments to all available domestic sources of energy so that it is affordable and reliable. States that the policy should not infringe upon states' authority already provided by the Clean Air Act that allows states to take into account existing power generation and resource mixes and provide for states to be able to demonstrate less stringent emission standards and longer compliance schedules. Urges the administration and Congress that policy should recognize state and regional variations in the provision of affordable and reliable electricity so that each state can minimize compliance costs to ratepayers and maintain reliability.

Utah

Senate Concurrent Resolution 9 (Adopted)

Calls upon EPA to issue greenhouse gas new source performance standards for fossil-fueled electric generating units and provide separate standards for coal-fueled steam electric and natural gas combined-cycle generating units that can be achieved with commercially demonstrated technologies and that will permit the economic utilization of coal.

West Virginia

House Resolution 13 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of West Virginia and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of West Virginia and other states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges to EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Wyoming

Senate Joint Resolution 1 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Wyoming and to take into account the unique policies, energy needs, resource mix and economic priorities of Wyoming and other states. Urges EPA to issue guidelines that are practical and achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines.

Source: National Conference of State Legislatures, 2014

TABLE 4: Pending and Failed State Resolutions as of July 25, 2014

STATE RESOLUTION SUMMARY

Arizona

Senate Resolution 1003 (Failed)

Supports the nullification in the state of Arizona of all rules imposed by EPA and supports consultation between EPA and tribal governmentsbefore implementation of rules that affect tribal governments.

Florida

House Memorial 1027 (Failed)

Urges Congress to direct EPA to honor state's primary authority to develop greenhouse gas emission standards that take into account the unique policies, energy needs, resource mix, and economic priorities of the state. Urges Congress to direct EPA to allow Florida to use maximum flexibility to implement state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Illinois

Senate Resolution 912 (Pending)

Urges EPA, when developing guidelines for regulating carbon dioxide emissions, to respect the primacy of Illinois and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mixes, and economic priorities of Illinois and other states. Encourages EPA to establish achievable measures for regulating greenhouse gas emissions. Supports maximum flexibility for states to implement carbon dioxide performance standards for fossil-fueled power plants, including implementing less stringent performance standards and establishing longer compliance schedules. Companion bill to House Resolution 782.

Indiana

House Concurrent Resolution 44 (Failed)

Encourages the administration and Congress to establish a national energy policy. Encourages EPA to establish separate guidelines for coal-fueled electric generating units that are based on highly efficient units such as ultrasupercritical and supercritical technologies without carbon capture and sequestration, recognizing the fact that additional time is needed for carbon capture and storage to become an adequately demonstrated best system of emissions reduction. Supports further efforts to research and develop carbon capture and sequestration technologies. Supports regulations that are cost-effective for Indiana and do not require existing units to retire or curtail operation. Supports performance standards that recognize state and regional variations and would not mandate modifications to the mix of fuels in existing or future resource portfolios.

Iowa

House Resolution 118 (Failed)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Iowa and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Indiana and other states.

Kansas

House Resolution 6043 (Failed)

Urges Congress to take action to counteract the actions currently being considered by EPA related to the Climate Action Plan. States that EPA should consider the most cost-effective ways to address climate change.

Kansas

House Resolution 6065 (Failed)

Urges EPA, in developing any emissions guidelines for regulating carbon emissions from existing power plants, to recognize the primacy of states to rely on both state utility and environmental regulators to lead the creation of emission performance systems that reflect the policies, energy needs, resource mix and economic conditions of each state and region. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Urges EPA to issue guidelines based on feasible measures for reducing greenhouse gas emissions. Supports performance standards that would not mandate modifications to the mix of fuels in existing or future resource portfolios.

Missouri

Senate Concurrent Resolution 40 (Failed)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Missouri and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Missouri and other states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges to EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Nebraska Legislative Resolution 628 (Failed) Would have required the Natural Resources Committee to conduct an interim study to examine the role of Nebraska state government in establishing and implementing performance standards for existing carbon dioxide emissions from power plants.

Ohio

House Concurrent Resolution 29 (Pending)

Supports the continued use of a diverse portfolio for electricity generation both in Ohio and in the United States and the continued development of coal-based power in the United States. Urges the president to halt EPA's regulations that restrict fuel diversity for electricity generation and to pursue new fuel diversity policies.

Ohio

Senate Concurrent Resolution 34 (Pending)

Urges EPA to recognize the primacy of states to rely on state utility and environmental regulators in leading the creation of emission performance systems that reflect the policies, energy needs, resource mix, and economic conditions of each state and region in developing any emissions guidelines for regulating carbon emissions from existing power plants. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Supports performance standards that would not mandate modifications to the mix of fuels in existing or future resource portfolios.

Tennessee

House Joint Resolution 663 (Failed)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Tennessee and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Tennessee and other states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

West Virginia

House Concurrent Resolution 91 (Failed)

Urges the president to reject policies that would further harm coal-based electricity generation that provides our residents and businesses the affordable, reliable power they need to prosper.

West Virginia

House Resolution 9 (Failed)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of West Virginia and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of West Virginia and other states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Source: National Conference of State Legislatures, 2014

Additional Resources

Share this: 
New Members Welcome
We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill.

NCSL Member Toolbox

Denver

7700 East First Place
Denver, CO 80230
Tel: 303-364-7700 | Fax: 303-364-7800

Washington

444 North Capitol Street, N.W., Suite 515
Washington, D.C. 20001
Tel: 202-624-5400 | Fax: 202-737-1069

Copyright 2014 by National Conference of State Legislatures