WASHINGTON, May 22, 2015 /PRNewswire-USNewswire/ -- Inside
EPA reports that it is likely that CCS is not in the New
Source Performance Standard (NSPS) rule sent by EPA to OMB for
interagency review. In response to this information some
stakeholder groups are rallying their supporters to meet with OMB
to reverse the decision.
It should be noted that all parties interested in a viable
climate change program cannot afford to have EPA reversed in court
on a rule which is predicate to the issuance of
subsequent climate change rules. The elimination of CCS from the
rule will make it virtually litigation proof; litigants will be
mining for fools gold.
In response to questions raised by CRE EPA has stated repeatedly
that it will comply with the Data Quality Act when it issues the
aforementioned rule, see this letter of March 2014 and this letter
of March 2015. In our fifteen years of working with EPA as
federal employees and thirty years of working with them in the
capacity of a regulatory watchdog we always found them
to be forthright in their responses.
The CRE option has been (1) to issue an interim rule
without CCS (2) require the installation of the most advanced
clean coal technologies exclusive of CCS and/or require that
new coal fired plants be CCH ready and (3) conduct a peer
review of the availability CCS pursuant to the requirements set
forth in the Data Quality Act. Subsequent to the completion
of the aforementioned DQA peer review the interim rule could be
modified.
CRE's interest in this matter is to demonstrate the advantages
of utilizing the Data Quality Act to address scientific
disagreements in lieu of seeking a resolution through the
judiciary.
We believe the CRE option will address the concerns of those who
wish to have a CCS mandate included in the rule but at the same
time not place the EPA Clean Power Plan in legal jeopardy.
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SOURCE Center for Regulatory Effectiveness