EPA says proposed greenhouse gas standards did not violate 2005 Energy Policy Act, seeks public comment
Originally published February 27, 2014
The Environmental Protection Agency is seeking comments on its view that its proposed new source performance standard for greenhouse gas emissions from new power plants did not violate the Energy Policy Act of 2005. That law bars EPA from deeming a technology to be "adequately demonstrated" based on use of the technology at facilities that receive federal funding or tax incentives under the act; three of the four carbon capture and sequestration (CCS) projects relied on by EPA in its proposed rule have received such support.
EPA did not rely solely on those three projects in determining that implementation of partial capture CCS technology is the best system of emission reduction for new fossil fuel-fired power plants, the agency said in a notice of data availability published in the Feb. 25 Federal Register. EPA said its rationale for that determination "is that partial capture is technically feasible and can be implemented at a reasonable cost." The agency said its proposal "referenced some facilities that have received financial assistance" under the Energy Policy Act of 2005, but the determination "remains adequately supported without any information from" those facilities.
Comments on EPA’s interpretation of the law, as presented in the notice of data availability, are due March 10.
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