State files petition asking EPA to reconsider Clean Power Plan, saying final rules far different from earlier proposal

12/22/2015 03:01 PM

The Kentucky Energy and Environment Cabinet has filed a petition with the U.S. Environmental Protection Agency, seeking a reconsideration of the Clean Power Plan finalized in August aimed to address climate change.

The petition, filed Monday and announced in a news release Tuesday, accuses the federal agency of drastically changing its proposed rules from June 2014, giving Kentucky and other states no chance to offer public comment on the emissions guidelines finalized Aug. 3.

Energy and Environment Cabinet Secretary Charles Snavely wrote in the petition to EPA Administrator Gina McCarthy called the state’s target of a 31 percent cut in carbon dioxide emissions from 2012 levels by 2030 “dramatically more stringent than those in the proposed rule.”

“Moreover, EPA failed to do a state-by-state cost-benefit analysis, and these targets were set without considering those state-specific impacts,” Snavely wrote in the petition.

“State-by-state cost-benefit analysis will demonstrate that the targets for Kentucky have a devastating effect on ratepayers, the economy, and the standard of living in the Commonwealth and other similarly situated states. We urge the EPA to reconsider altering the carbon emission targets so dramatically without allowing for meaningful public comment.”

The petition can be viewed here: Dec. 21 EPA petition.pdf

Gov. Matt Bevin said during his campaign this year that he would not submit a compliance plan for the federal emissions standards, a process that had begun under former Gov. Steve Beshear and then-Energy and Environment Cabinet Secretary Len Peters. Senate Majority Leader Mitch McConnell had urged governors to take a “wait-and-see approach” to formulating plans to comply with the Clean Power Plan as it’s challenged in court.

Kentucky is one of 24 states that filed a lawsuit against the EPA challenging the final version of its Clean Power Plan Oct. 23, according to a report by WFPL.

Two other states — Montana and Wyoming — have filed similar reconsideration petitions with the EPA this week, according to reports.

Kevin Wheatley

Kevin Wheatley is a reporter for Pure Politics. He joined cn|2 in September 2014 after five years at The State Journal in Frankfort, where he covered Kentucky government and politics. You can reach him at kevin.wheatley@charter.com or 502-792-1135 and follow him on Twitter at @KWheatley_cn2.

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