### May 29,2014 EPA Administrator Gina McCarthy USEPA Headquarters- Ariel Rios Building 1200 PennsylvaniaAvenue, NW Mail Code: 1101A Washington, D.C. 20460 Dear Administrator McCarthy:

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### We write to convey our deep concem about the U.S. Environmental Protection Agency's (EPA) imminent proposal to regulate greenhouse gas (GHG) emissions from existing fossil fuel-based electric generating units under section 111(d) ofthe CleanAir Act. The state legislatures we belong to, and those in many other states, share our concem. This year, more than a dozen state legislatures took official action to reaffirm the primary role ofthe states in best determining how to regulate GHG emissions from power plants within our state lines. We trust, given the realities of the law, your agency's proposal will respect state primacy, and allow for tremendous state-by-state flexibility in complyingwith the recommended guidelines. The states we represent have varied access to fuel sources and, therefore, maintain unique energy portfolios. This winter's "polar vortex" demonstrated the importance of a state-tailored portfolio that can meet energy needs dependably and affordably, even in times ofextreme demand. IfEPA's proposal, as expected, yields an over-reliance on any one fuel source for baseload generation, or worse, severely limits the continued use ofour nation's lowest-cost and abundant fuel sources, like coal, it will launch our domestic energy policy on an irreversible trajectory toward higher electricity costs and lower grid 

### reliability for decades to come. We hope you will recognize, as you review the attached legislation and resolutions enacted by over a dozen state legislatures, that the states are best-positioned, and rightfully entitled under the Clean Air Act, to put forth reasonable parameters to regulate GHG emissions from existing generating units. Given our unique needs and resources, only a state-specific approach, spearheaded by the states, will improve our environment while also protecting our constituent's access to reliable, affordable electricity. Sincerely,

Chuck Martin Fitz Steele State Representative, Georgia State Representative, Kentucky

Brandon Smith Jim Smith State Senator, Kentucky State Senator, Nebraska

### State Legislation and Resolutions regarding implementation ofgreenhouse gas emissions for existing generating units under section 111(d) ofthe CleanAir Act: 

### Alabama: Senate Joint Resolution 57 Passed by State House and State Senate (as of2/26/2014) 

### Arizona: Senate Concurrent Resolution 1022 Passed by State House and State Senate (as of4/ 14/2014) 

### Florida: Senate Memorial 117 4 Passed by State House and State Senate (as ofSf

### 1/2014) 

### Georgia: House Resolution 1158 Passed by State House and State Senate (as of3/ 18/2014) 

### Indiana: House Resolution 11 Passed State House (as of2/18/2014) 

### Kansas: House Bill 2636 Signed by Govemor Sam Brownback (R-KS) (4/ 17/2014) 

### Kentucky: House Bill 388 Signed by Govemor Steve Beshear (D-KY) (4/2/2014) 

### Missouri: House Bill 1631 Passed State House and State Senate (as of5/7/2014) 

### Nebraska: Legislative Resolution 482 Passed Unicameral Legislature (as of4/ 10/2014) 

### Oklahoma: Senate Concurrent Resolution 39 Passed State House and State Senate (as of4/22/2014) 

### South Dakota: House Concurrent Resolution 1022 Passed State House and State Senate (as of3/5/2014) 

### Tennessee: House Joint Resolution 663 Passed State House (as of3/17/2014) 

### Virginia: Study Bill 615 Approved by GovemorTerry McAuliffe (D-VA) (4/7/2014) 

### West Virginia: House Bill 4346 Approved by Govemor Earl Ray Tomblin (D-WV) (4/ 1/2014) House Resolution 13 Passed State House and State Senate (as of3/3/2014) 

### Wyoming: SenateJoint Resolution 1 Signed by Govemor Matt Mead (R-WY) (3/7/2014)

# ~1



# ' 2 3 4 5 6 

### 7 8 9 SJR57 158793-4 By Senators Reed, Bedford, Williams, Sanford, McGill, Holtzclaw, Allen, Holley, Dunn, Keahey, Brewbaker, Ward, Bussman, Marsh, Beason, Waggoner, Orr, Glover, Dial, Taylor, Scofield, Hightower, Coleman, Ross, Smitherman, Fielding, Smith, Beasley, and Blackwell RFD: Rules First Read: 20-FEB-14

Page 0SJR57

1 SJR57 2 3 4 ENROLLED, SJR57, 5 URGING THE ENVIRONMENTAL PROTECTION AGENCY TO 6 SUPPORT THE STATE REGULATION OF CARBON DIOXIDE EMISSIONS FROM 7 EXISTING POWER PLANTS BY RECOGNIZING STATE DEVELOPED 8 STANDARDS. 9 10 WHEREAS, a reliable and affordable energy supply is 11 vital to Alabama's economic growth, jobs, and the overall 12 interests of its citizens; and 13 WHEREAS, Alabama supports an inclusive energy 14 strategy because it is in the best interest of Alabama and the 15 nation; and 16 WHEREAS, the United States has abundant supplies of 17 coal that provide economic and energy security benefits; and 18 WHEREAS, coal provides affordable and reliable 19 electricity to the citizens of Alabama; and 20 WHEREAS, carbon regulations for existing coal-fueled 21 power plants could threaten the affordability and reliability 22 of Alabama's electricity supplies and, therefore, threaten the 23 well-being of its citizens; and

Page 11 2 3 4 5 6 7 8 9 10 11 12 "13 14 15 16 17 18 19 20 21 22 23 24 25 

# (., SJR57

WHEREAS, carbon dioxide emissions from U.S. coal-fueled power plants represent only three percent of global anthropogenic greenhouse gas emissions; and WHEREAS, the U.S. Energy Information Administration projects that U.S. electric sector carbon dioxide emissions will be 14 percent below 2005 levels in 2020 and that carbon dioxide emissions from U.S. coal-fueled power plants will be 19 percent below 2005 levels in 2020; and WHEREAS, on June 25, 2013, the President directed the Administrator of the U.S. Environmental Protection Agency (EPA) to issue standards, regulations, or guidelines to address carbon dioxide emissions from new, existing, modified, and reconstructed fossil-fueled power plants; and WHEREAS, the President expressly recognized that states "will play a central role in establishing and implementing carbon standards for existing power plants"; and WHEREAS, the Clean Air Act requires EPA to establish

a "procedure" under which each state shall develop a plan for establishing and implementing standards of performance for existing sources within the state; and WHEREAS, the Clean Air Act expressly allows states, in developing and applying such standards of performance, "to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies"; and

Page 2SJR57



### 1 WHEREAS, the EPA's implementing regulations (40 2 C.F.R. 60.20-29), provide that states may adopt "less 3 stringent emissions standards or longer compliance schedules" 4 than EPA's guidelines based on factors such as "unreasonable 5 cost of control," "physical impossibility of installing 6 necessary control equipment," or other factors that make less 7 stringent standards or longer compliance times "significantly 8 more reasonable"; and 9 WHEREAS, it is in the best interest of electricity 10 consumers in Alabama to continue to benefit from reliable, 11 affordable electricity provided by coal-based electricity 12 13 

### generating plants; now therefore, BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH 14 HOUSES THEREOF CONCURRING, That the EPA, in developing 15 guidelines for regulating carbon dioxide emissions from 16 existing power plants, must maintain Alabama's and other 17 states' authority as provided by the Clean Air Act, to rely on 18 state regulators to develop performance standards for carbon 19 dioxide emissions that take into account the unique policies, 20 energy needs, resource mix, and economic priorities of Alabama 21 and other states. 22 BE IT FURTHER RESOLVED, That the EPA should issue 23 guidelines and approve state-established performance standards 24 that are based on the application of adequately demonstrating

Page 3SJR57

1 carbon dioxide-specific controls at fossil-fueled power 2 plants. 3 BE IT FURTHER RESOLVED, That the EPA must maintain 4 Alabama's and other states' authority as provided in the Clean 5 Air Act, to set less stringent performance standards and 6 longer compliance schedules for power plants within their 7 jurisdiction. 8 BE IT FURTHER RESOLVED, That the EPA must maintain 9 Alabama's and other states' authority as provided in the Clean 10 Air Act, to have maximum flexibility implementing compliance 11 mechanisms for state-established carbon dioxide performance standards for fossil-fueled power plants within their jurisdiction.

Page 41 2

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7 8 9 10 11 12 13 14 15

16 SJR57

President and Presiding Officer of the Senate

Speaker of the House of Representatives

SJR57 Senate 20-FEB-14 I hereby certify that the within Senate Joint Resolution originated in and was adopted by the Senate. Patrick Harris Secretary

17 House of Representatives 18 Adopted: 26-FEB-14 19

20 21 By: Senator Reed

Page 5

### State of Arizona Senate Fifty-first Legislature Second Regular Session 2014 

### Senate Engrossed



# SENATE CONCURRENT RESOLUTION 1022

A CONCURRENT RESOLUTION OPPOSING THE IMPLEMENTATION OF RULES FOR NEW ELECTRIC GENERATING UNITS THAT REQUIRE TECHNOLOGY THAT IS NOT COMMERCIALLY AVAILABLE OR TECHNOLOGICALLY FEASIBLE AND THAT DO NOT RECOGNIZE THE STATE'S PRIMARY ROLE IN ESTABLISHING AND IMPLEMENTING PLANS TO ACHIEVE EMISSIONS REDUCTIONS FOR EXISTING UNITS. (TEXT OF BILL BEGINS ON NEXT PAGE)

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1 2 3 4 5 6 7 8 9 10 11 

### 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 

# (., 46 S.C.R. 1022

Whereas, the Clean Air Act (CAA) is a federal law designed to minimize air pollution nationwide; and Whereas, jurisdiction to implement the CAA lies initially with the states and Indian Tribes; and Whereas, the CAA requires the Environmental Protection Agency (EPA) to enforce regulations that are intended to protect the public from air pollutants believed to be hazardous to public health: and Whereas, in 1970, Congress amended the CAA by mandating comprehensive state and federal regulations for both stationary and nonstationary sources of pollution; and Whereas, in Apri 1 

### of 2009, the EPA issued an endangerment finding, declaring that current and future greenhouse gas emissions pose a serious threat to public health and safety, allowing the agency to regulate carbon dioxide emissions: and Whereas, as written, the CAA gives states the primary role in establishing and carrying out plans to comply with EPA regulations, allowing states, in developing and applying such standards of performance, "to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies": and Whereas, as written, the CAA requires the EPA to consider the economic impact of its proposed regulations; and Whereas, the EPA may take into account factors such as unreasonable cost of control, physical impossibility of installing necessary control equipment or other factors when determining appropriate emissions standards and compliance timelines; and Whereas, while Americans support efforts to improve air quality, such efforts should be carefully balanced to ensure that the cost of new regulations on the economy do not exceed potential benefits: and Whereas, on January 8, 2014, the EPA published rules in the Federal Register that wi 11 

### require carbon capture and sequestration for new coal electrical generating facilities; and Whereas, carbon capture and sequestration technology is not commercially available; and Whereas, the EPA has been directed to propose guidelines to reduce greenhouse gas emissions from existing electric generating units by June of 2014: and Whereas, concentrations of greenhouse gases are the result of global emissions and do not constitute an immediate risk as do other criteria pollutants: and Whereas, addressing greenhouse gas emissions under 111(d) is a discretionary duty of the EPA as outlined in the CAA: and Whereas, devoting resources to discretionary duties such as regulating greenhouse gas emissions takes away resources from nondiscretionary duties that are more essential to protecting public health in the near term: and Whereas, it is important to Arizona's economy to have a diverse energy portfolio that provides reliable and affordable electric service to Arizona - 1 -

### S.C.R. 1022

1 residents and businesses, which is also important to the public health and 2 welfare: and 3 Whereas, fossil fuels, including coal and natural gas, provide an 4 abundant and affordable domestic energy source that is critical to Arizona's 5 economy and the availability and reliability of electric service. 6 Therefore 7 Be it resolved by the Senate of the State of Arizona, the House of 8 Representatives concurring: 9 1. That the Members of the Legislature oppose the implementation of 10 rules for new electric generating units that require technology that is not 11 commercially available or technologically feasible. 12 2. That the Members of the Legislature support the EPA in issuing 13 guidelines for practical state-established performance standards that are 14 based on reductions of carbon dioxide emissions that can be achieved by 15 measures undertaken at fossil-fueled electric generating units and that do 16 not require New Source Review. 17 3. That the Members of the Legislature support the EPA in giving 18 Arizona the maximum amount of flexibility that is allowed under the CAA in 19 setting performance standards and compliance schedules for electric 20 generating units within its jurisdiction. 21 4. That the Members of the Legislature oppose the implementation of 22 rules for new or existing electric generating units that do not recognize the 23 state's primary role in establishing and implementing plans to achieve 24 emissions reductions for existing units under Section 111 of the CAA. 25 5. That the Members of the Legislature support the exercise of 26 oversight by Congress over the EPA to ensure that the state's primary role in 27 establishing and implementing rules under Section 111 of the CAA is 28 respected.

PASSED BY THE HOUSE APRIL 14, 2014. PASSED BY THE SENATE MARCH 6, 2014. FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 16, 2014.

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# ~ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

# ~ 29 ENROLLED 2014 Legislature CS for SM 1174

20141174er

A memorial to the Congress of the United States, urging Congress to direct the United States Environmental Protection Agency to use specified criteria in developing guidelines for regulating carbon dioxide emissions from existing fossil-fueled electric generating units.
WHEREAS, a reliable and affordable energy supply is vital to Florida's economy and job growth, as well as the overall interests of its citizens, and WHEREAS, Florida supports an all-inclusive energy strategy because it is in the best interest of the state and the nation, and WHEREAS, the United States has an abundant supply of coal that provides economic and energy security benefits, including affordable and reliable electricity, and WHEREAS, carbon regulations for existing coal-fueled electric generating units could threaten the affordability and reliability of Florida's electricity supplies, and WHEREAS, such regulations impose additional financial burdens on electric generating units that have invested in pollution controls to meet the recent mercury regulations of the United States Environmental Protection Agency, and WHEREAS, such burdens risk the closure of electric generating units resulting in substantial job loss, and WHEREAS, carbon dioxide emissions from coal-fueled electric generating units in the United States represent only 3 percent of global anthropogenic greenhouse gas emissions, and Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions.ENROLLED 2014 Legislature CS for SM 1174



### 20141174er 30 WHEREAS, the United States Energy Information 31 Administration projects that carbon dioxide emissions from the 32 nation's electric sector will be 14 percent below 2005 levels in 33 2020, and 34 WHEREAS, the United States Energy Information 35 Administration projects that carbon dioxide emissions from the 36 nation's coal-fueled electric generating units will be 19 37 percent below 2005 levels in 2020, and 38 WHEREAS, on June 25, 2013, the President of the United 39 States directed the United States Environmental Protection 40 Agency to issue standards, regulations, and guidelines to 41 address carbon dioxide emissions from new, existing, modified, 42 and reconstructed fossil-fueled electric generating units, and 43 WHEREAS, the President of the United States has recognized 44 that states will play a central role in establishing and 45 implementing carbon standards for existing electric generating 46 units, and 47 WHEREAS, the Clean Air Act requires the United States 48 Environmental Protection Agency to establish a procedure under 49 which each state must develop a plan for establishing and 50 implementing standards of performance for existing fossil-fueled 51 electric generating units within the state, and 52 WHEREAS, the Clean Air Act expressly allows states, in 53 developing and applying such standards of performance, to take 54 into consideration, among other factors, the remaining useful 55 life of an existing fossil-fueled electric generating unit to 56 which such standards apply, and 57 WHEREAS, the existing regulations of the United States 58 Environmental Protection Agency provide that states may adopt Page 2 of 4 CODING: 

### Words stricken are deletions; words underlined are additions.59 60 61 62 63 64 65 66 67 68 69

# ~ 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86

# ~ 87 ENROLLED 2014 Legislature CS for SM 1174

20141174er less stringent emissions standards or longer compliance schedules than the agency's guidelines based on factors such as unreasonable cost of control, physical impossibility of installing necessary control equipment, or other factors that make less stringent standards or longer compliance times significantly more reasonable, and WHEREAS, it is in the best interest of electricity consumers in Florida to continue to benefit from reliable, affordable electricity provided by coal-based electric generating units, NOW, THEREFORE,

Be It Resolved by the Legislature of the State of Florida:

That the Congress of the United States is urged to direct the United States Environmental Protection Agency, in developing guidelines for regulating carbon dioxide emissions from existing fossil-fueled electric generating units, to: (1) Respect the primacy of Florida and rely on state regulators to develop performance standards for carbon dioxide emissions which take into account the unique policies, energy needs, resource mix, and economic priorities of the state. (2) Issue guidelines and approve state-established performance standards that are based on reductions of carbon dioxide emissions determined to be achievable by measures undertaken at fossil-fueled electric generating units. (3) Allow Florida to set less stringent performance standards or longer compliance schedules for fossil-fueled electric generating units. (4) Give Florida maximum flexibility to implement carbon Page 3 of 4 CODING: Words strielcen are deletions; words underlined are additions.ENROLLED 2014 Legislature CS for SM 1174



### 20141174er 88 dioxide performance standards for fossil-fueled electric 89 generating units. 90 BE IT FURTHER RESOLVED that copies of this memorial be 91 dispatched to the President of the United States, to the 92 Administrator of the United States Environmental Protection 93 Agency, to the President of the United States Senate, to the 94 Speaker of the United States House of Representatives, and to 95 each member of the Florida delegation to the United States 96 Congress.

Page 4 of 4 CODING: 

### Words strielcen are deletions; words underlined are additions.2 3

4 5 6

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12 13 14 15

16 17

18 19 20

21 22 23 14 LC 103 0133 House Resolution 1158 By: Representatives Martin ofthe49th, Parsons ofthe 44th, Geisinger ofthe 48th, and Smith ofthe 70th

A RESOLUTION Encouraging the Administration and Congress to establish a national energy policy that strengthensaccesstoandremovalofimpedimentstoall availabledomesticsourcesofenergy to improve its affordability and reliability; and for other purposes.
WHEREAS, the United States Environmental Protection Agency (EPA) intends to adopt guidelines to reduce carbon dioxide emissions from existing fossil fuel-fired electric generating units under Section lll(d) ofthe federal Clean Air Act; and
WHEREAS, Congress charges the states, not EPA, with establishing standards of performance under Section Ill(d) ofthe federal Clean Air Act for existing stationary sources, including fossil fuel-fired electric generating units, as a means offurthering the cooperative federalism scheme under the Clean Air Act and ensuring that states have the primary role in managing their economic and environmentalresources; and
WHEREAS, providing reliable and affordable electricity through diversified sources of electricity generation, including coal, natural gas, nuclear, and cost-effective renewable resources, as well as using energy efficiently, will provide economic and environmental benefits for the citizens ofGeorgia; and
WHEREAS,reductions in emissions ofcarbon dioxidecanreasonablybe achievedthrough
measures undertaken at each electric generating unit; and
WHEREAS, certain efficiency measures may be undertaken at electric generating units to reduce carbon dioxide emissions from the unit without switching from coal to other fuels, co-firing other fuels with coal, or limiting the utilization ofthe unit; and
WHEREAS, itis inthebestinterestofelectricityconsumersin Georgiatocontinuetobenefit from reliable, affordable electricity provided by efficiently operated coal-based electricity generating plants.
H. R. 1158 - I -24 25 26 27

28 29 30 31 32 33 34

35 36 37

38 39 

# " 40 41 42

43 44 45 46 47 48 49 50 51 52

53 54 55 14 LC 103 0133 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members ofthis body encourage the Administration and Congress to establish a national energypolicythat strengthens access to and removal ofimpediments to all available domestic sources ofenergy to improve its affordability and reliability.

BEITFURTHERRESOLVEDthatifEPAestablishesguidelinesto addressgreenhousegas emissions from new fossil fuel-fired electric generating units, Georgia encourages EPA to establishseparateguidelinesforcoal-fueledelectricgeneratingunitsthatarebasedonhighly efficient units such as ultrasupercritical and supercritical technologies without CCS which will optimize the economic and equitable utilization ofall types ofdomestic fuel sourcesrecognizingthefactthat additionaltime is neededfor carboncapture and storageto become
an adequately demonstrated best system ofemissions reduction.

BE IT FURTHER RESOLVED that the United States Environmental Protection Agency, United States Department of Energy, and Congress should support industry efforts to research and develop CCS technologies.

BE IT FURTHER RESOLVED that the United States Environmental Protection Agency, UnitedStatesDepartmentofEnergy,andCongressareencouragedto supportindustryefforts for carbon capture and sequestration, specifically exploration of geological storage opportunities for states like Georgiawithout demonstrated geological storage locations, in conjunction with development ofregulations.

BEITFURTHERRESOLVEDthatEPA is encouragedto closelyconsultwith Georgiaand all ofthe states as it develops greenhouse gas emission guidelines under Clean Air Act Section 111(d) for existing powerplants recognizing each state's authorityunderthe Actto set source performance standards based on: (1) Each state's power generation mix; (2) Cost-effective emission reductions using the best systems of emission reduction adequately demonstrated for the affected facility; (3) Practical, reasonable, and realistic state-specific implementation schedules; (4) The cost and reliability ofelectricity and the economic vitality ofthe states; and (5) Any other state-specific needs.

BE IT FURTHER RESOLVED that Georgia and other states should be given maximum flexibility by EPA to implement carbon dioxide performance standards for fossil-fueled powerplants within theirjurisdiction.
H.R.ll58

- 2-14 LC 103 0133 56 BE ITFURTHERRESOLVEDthatthe General Assemblyencourages comments from this 57 state to EPA that reflect the findings and resolved provisions ofthis resolution, and the 58 General Assembly encourages other states to do likewise.

59 BEITFURTHERRESOLVEDthattheClerkoftheHouseofRepresentatives is authorized 60 and directedto transmit an appropriate copyofthisresolutionto thePresidentoftheUnited 61 States, the United States Environmental Protection Agency, the United States Department 62 ofEnergy, the National Governor's Association, the National Association ofRegulatory 63 Utility Commissioners, National Association ofState Energy Officials, the Environmental 64 CounciloftheStates,theAssociationofConsumerCounselandotherrelevant organizations, 65 all governors, all state utility regulatory commissions, state energy officials, all state 66 environmental commissioners, and all states' legislative leadership.

H. R. 1158

- 3-

# HOUSE RESOLUTION 

# No. IntroducedVersion



### Introduced by: Riecken, Ubelhor



### A HOUSE RESOLUTION supporting the lead role of states in the regulation of carbon dioxide emissions from existing powerplants.
Whereas, A reliable andaffordable energy supply is vital to Indiana's economicgrowth,jobs, andtheoverallinterestsof its citizens; Whereas, Indiana supports an all-the-above energy strategy because it 

### is in the best interest of Indiana and the nation; Whereas, The UnitedStates has abundantsupplies of coal thatprovide economic andenergysecurity benefits; Whereas, Coalprovidesaffordableandreliable electricity to the citizens of Indiana; Whereas, Carbon regulations for existing coal-fueled

HR. 1521/DI 84 20142444 2014

### 2 

### powerplants couldthreaten the affordabilityandreliability of Indiana's electricity supplies and risk substantialjob losses through thepremature closure of powerplants that havejust invested in pollution controls to meet the recent mercury regulations ofthe United States Environmental Protection Agency (EPA); Whereas, Carbon dioxide emissions from U.S. coal-fueled power plants representonly3percentof globalanthropogenic greenhousegas emissions; Whereas, The U.S. Energy Information Administration projects that U.S. electricsectorcarbon dioxide emissions will be 14 percent below 2005 levels in 2020 and that carbon dioxide emission from U.S. coal-fueled power plantswillbe 19 percent below2005 levels in 2020; Whereas, On June 25, 2013, the President directed the Administrator ofthe EPA to issue standards, regulations, or guidelines to address carbon dioxide emissionsfrom new, existing, modified, and reconstructed fossil-fueled power plants; Whereas, The President expressly recognized that states "will play a central role in establishing and implementing carbon standards for existingpowerplants"; Whereas, The CleanAirActrequires the EPA to establish a ''procedure" underwhich each stateshalldevelop aplan for establishing and implementing standards of performancefor existingsources within the state; Whereas, The Clean AirAct expressly allows states, in developing and applying such standards of performance, "to take into consideration, among otherfactors, the remaining useful life ofthe existing source to which such standard applies"; Whereas, TheEPA 's

### existingregulationsprovidethatstates may adopt "less stringent emissions standards or longer compliance schedules" than the EPA's guidelines based on factors such as "unreasonable cost ofcontrol, " ''physical

HR 1521/DI 84 20142444 2014

### 3 impossibility ofinstalling necessary control equipment, " or otherfactors that make less stringent standards or longer compliance times "significantly more reasonable"; and Whereas, It is in the best interest of electricity consumers in Indiana to continue to benefitfrom reliable, affordable electricity providedbycoal-basedelectricitygenerating plants: Therefore,
Be itresolvedby theHouse of Representatives of the GeneralAssemblyof the State of Indiana: 1 SECTION 1. ThattheIndianaHouse ofRepresentativesurgesthe 2 EPA, indevelopingguidelinesforregulatingcarbondioxideemissions 3 from existingpowerplants,torespecttheprimacyoflndianaandother 4 states andtorelyonstateregulatorsto developperformance standards 5 forcarbondioxideemissionsthattakeintoaccounttheuniquepolicies, 6 energy needs, resource mix, and economic priorities ofIndiana and 7 otherstates. 8 SECTION 2. That the EPA should issue guidelines and approve 9 state-establishedperformance standards that are based onreductions 10 ofcarbon dioxide emissions achievable by measures undertaken at 11 fossil-fueledpowerplants. 12 SECTION 3. Thatthe EPA should allowIndianaand otherstates 13 to set less stringent performance standards or longer compliance 14 schedules forpowerplants withintheirjurisdiction. 15 SECTION 4. That Indiana and other states should be given 16 maximum flexibility by the EPA to implement carbon dioxide 17 performance standards for fossil-fueled power plants within their 18 jurisdiction.

HR 1521/DI 84 20142444 2014HOUSE BILL No. 2636-page 2 Sec. 2. This act shall take effect and be in force from and after its pubUcation in the statute book. I hereby certify that the above BILL originated in the HOUSE, and passed that body

HOUSE concurred in SENATE amendments-------------

SpeDlcerofthe House. ChiefClerk of the House. Passed the SENATE as amended

____________ _

Presidentof the Senate. Secretary of the Senate.
APPROVED-------------

Governor.HOUSE BILL No. 2636 AN AI::r concerning the secretary ofhealth and environment relating to airquality standards. Be itenactedby the Legislature of the State of Kansas: Section 1. (a) For all coal-fired and natural gas electric generating units that are affected units pursuantto 42 U.S.C. §7411, as in effect on the effective date ofthis act, that have been constructedorhave received a prevention ofsignificant deterioration permit byJuly 1, 2014, the secretary of health and environment may establish separate standards of performance for carbon dioxide emissions based upon: (1) The best system ofemission reduction that has been adequatelydemonstrated while considering the cost ofachieving such reduction;

(2) reductions in emissions ofcarbon dioxide that can reasonably be achieved through measures taken at each electric generating unit; and

(3) efficiency and other measures that can be undertaken at each electric generating unit to reduce carbon dioxide emissions without any requirements for fuel switching, co-firing with otherfuels orlimitingthe utilization ofthe unit.

(b) In establishing any standard ofperformance for anyexistingelectric generating unit pursuant to this section, the secretary may consider alternative standards and metrics or may provide alternative compliance schedules than those provided by federal rules or regulations by evaluating: (1) Unreasonable costs ofachieving an emission limitation due to plant age, location or the design ofan electric generating unit;

(2) any unusual physical or compliance schedule difficulties or impossibility ofimplementing emission reduction measures;

(3) the cost ofapplying the performance standard to an electric generating unit;

( 4) the remaining useful life ofan electric generating unit; (5) any economic or electric transmission and distribution impacts resulting from closing the electric generating unit ifcompliancewith the performance standard is not possible; and

(6) the potential for a standard ofperformance relating to unit efficiency, including any requirements for a new source review orthe application ofa best available control technology emission limitation for any criteriapollutant as a condition ofreceiving apermit orauthorization for the project.

(c) The secretarymayimplementsuchstandardsthroughflexible regulatorymechanisms, includingtheaveragingofemissions, emissions trading or other alternative implementation measures that the secretary determines to be in the interest of Kansas. The secretary may enter into voluntary agreements with utilities that operate fossil-fuel based electric generating units within Kansas to implement these carbon dioxide emission standards. Such agreements may aggregate the carbondioxide emissions levels from electricresources in this state,includingcoal,petroleum, natural gas or renewable energy resources as defined in K.S.A. 66-1257, and amendments thereto, that are owned, operated orutilized bypower purchase agreements byutilities for purposes ofdeterminingcompliance with such carbon dioxide emission standards.

(d) This section shall be part ofand supplemental to the Kansas air quality act.**UNOflt~¢C}PV ASOF~l4**  

### .

- - - . ' . - - . -



### AN ACT relating to best system emission reduction for existing electric generating units. 

### Beitenactedby the GeneralAssemblyof the Commonwealth of Kentucky: +SECTION 1. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS: 

### The Kentucky GeneralAssemblyherebyfinds anddeclares that: (1) 

### The United States Environmental Protection Agency intends to adopt guidelines to reduce carbon dioxide emissions from existing (ossil fuel-fired electric generating units under42 U.S.C. sec. 74JJ(d)j (2) The United States Congress charges states, rather than the United States Environmental Protection Agency. with establishing standards ofper(ormance under 42 U.S.C. sec. 741J(d) (or existing stationary sources including (ossilfuelfired electric generating units as a means offurtheringthescheme of cooperative federalism under thefederal CleanAirActandwith ensuringthat thestates have theprimary role in managing their own economic andenvironmental resourcesj and (3) Providing reliable and affordable electricity through using various energy feedstocks (or electric generation including coal, natural gas. nuclear, and renewable resources. as well as using energy efficiently will provide economic andenvironmentalbenefits (or the citizens o(the Commonwealth ofKentuckvj +SECTION 2. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS: (1) 

### In developing and implementing any plan to control emissions of carbon dioxide the cabinet shall establish separate standards ofperformance (or carbon dioxide emissions in accordance with: (a) Section 3 o(thisAct(or existing coal-firedelectric generating units,· and (b) Section 4 ofthisAct(or existingnaturalgas-firedelectricgenerating units. Page 1of5 HB038810.100- 1466-4971 GA

### (2) Performance standards shall be adjusted on a case-bv-case basis in accordance with Section 5 

### o(thisActandshall be implemented in accordance with Section 6 ofthisAct. _.SECTION 3. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS: 

### Except for adjustments ofthe performance standard on a case-by-case basis under Section 5 

### ofthis Act. the performance standard that shall be establishedfor existing coal-firedelectric generating units shallbe basedon thefollowing: (1) 

### The best system ofemission reduction which has been adequately demonstrated for coal-fired electric generating units subject to theperformance standard. Best system of emission reduction shalltake into account thecostof: (a) Achievingthe emission reduction; (b) Impacting non-airqualitv health andthe environment; and (c) Maintaining energy requirements needed to serve the load on the electric generating unit,· (2) 

### Reductions in emissions ofcarbon dioxide that can reasonablv be achieved through measures undertaken ateach coal-firedelectricgenerating unit; and (3) Efficiency andother measures that can be undertaken at each coal-fired electric generating unit to reduce its carbon dioxide emissions without doing the following: (a) Switchingfrom coalto otherfuels; (b) Co-firing otherfuels with coal; or (c) Limitingthe utilization oftheelectricgenerating unit. _.SECTION 4. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS: 

### Except for adjustments ofthe performance standard on a case-by-case basis under Section 5 

### ofthisAct, the performance standard that shall be establishedfor existing Page 2 of5 HB038810.100 • 1466 • 4971 GA

### gas-firedelectric generating unitsshallbe basedon thefollowing: (1) 

### The best system ofemission reduction which has been adequately demonstrated (or gas-fired electric generating units subject to theperformance standard. Best system of emission reduction shalltake into accountthecostof: (a) Achievingtheemission reduction; (b) Impacting non-airquality health andthe environment; and (c) Maintaining energy requirements needed to serve the load ofthe electric generating unit; (2) Reductions in emissions ofcarbon dioxide that can reasonably be achieved through measures undertaken ateach gas-firedelectricgenerating unit; and (3) 

### Efficiency and other measures that can be undertaken at the unit to reduce carbon dioxide emissions from the unit without switching from natural gas to other fuels that emit less carbon dioxide than natural gas or by limiting the utilization oftheelectricgenerating unit. +SECTION 5. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS: 

### In establishing a performance standard (or any existing fossil fuel-fired electric generating unit, the cabinetshall consider, in allcases, whether to adopt less stringent performance standards or longer compliance schedules (or those units than are established in applicable federal rules or guidelines. The decision to adopt a less stringentperformance standard or longer compliance schedules shall be basedon the following: (1) 

### Consumer impacts including any disproportionate energy price increases on lower incomepopulations; (2) Unreasonable costs ofreducing emissions ofcarbon dioxide resulting from the age, location, orbasicprocess design oftheelectricgenerating unit; (3) 

### Physical difficulties with or the impossibility ofimplementing emission reduction Page 3 of5 HB038810.100- 1466-4971 GA

### measures (or carbon dioxide; (4) The absolute costo(applvingtheper(ormance standardto the electric generating
(5) The expectedremaining usefullife o(theelectricgenerating unit; (6) The economic impacts of closing the electric generating unit, including expected job losses, iftheunitis unable to complv with theper(ormancestandard; and (7) Any other (actors specific to the electric generating unit that make application of

a less stringent per(ormance standard or longer compliance schedule more reasonable. +SECTION 6. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS: 

### To the maximum extent permissible, the cabinet may develop a method (or electric generating units to implement the per(ormance standards that gives the electric generating unitsflexibility to comply with theper(ormance standards. +SECTION 7. 

### A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS: (1) 

### The cabinet shall not propose or submit to the United States Environmental Protection Agency any plan establishing per(ormance standards (or existing (ossilfuel-fired electricgenerating units unless theplan is: (a) Consistent with Sections 1 to 7

### ofthisAct; and (b) Preparedin consultation with theKentucky PublicService Commission to: 1. 

### Ensure that the plan minimizes the impacts on current and future industrial, commercial, andresidential consumers; and 2. Does not threaten the a(fordabilitv of Kentucky's rates or the reliabilitv ofelectricitvservice. (2) The cabinet shall promulgate administrative regulations (or the establishment and implementation ofany state plan to regulate emissions ofcarbon dioxide Page 4 of5 HB038810.100 • 1466 •4971 GA

### emissionsfrom existingfossilfuel-fired electric generating units under42 U.S.C.

sec. 7411(d). (3) 

### Anv stateplan establishedby the cabinet to regulate emissions ofcarbon dioxide pursuantto Sections 1 to 7ofthisActshallhaveno legal effect if: (a) The UnitedStatesEnvironmentalProtectionAgency: 1. 

### Fails to issuefederal rules orguidelinesfor reducing carbon dioxide emissions from existing fossil fuel-fired electric generating units under42 U.S.C. sec. 74Jl(d); or 2. Withdraws its federal rules or guidelines for reducing carbon dioxide emissionsfrom existingfossilfuel-fired electricgenerating units,· or (b) A court of competent jurisdiction invalidates the United State Environmental Protection Agency's federal rules or guidelines issued to regulate emissions of carbon dioxide from existingfossil fuel-fired electric generating units.

Page 5 of5 HB038810.100- 1466-4971 GA5364S.07T SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] SENATE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR 

# HOUSE BILL NO. 1631
97TH GENERALASSEMBLY 2014 

## AN ACT To amendchapter643, RSMo,byaddingtheretoonenewsectionrelatingto theairconservation commission.

Be it enactedby the GeneralAssembly of the state of Missouri, asfollows: Section A. Chapter 643, RSMo, is amended by adding thereto one new section, to be 2 known as section 643.640, to read as follows: 

### 643.640. 1. 

### The commission shall develop emission standards under 42 U.S.C. 2 Section7411(d) and40 CFR60.24throughaunit-by-unitanalysis ofeachexistingaffected 3 sourceofcarbondioxide within the state. As used in

### this section, "unit-by-unitanalysis" 4 means an analysis of each generation plant individually, regardless of the number of 5 turbines at each plant site. 6 2. The commission shall consider in developing and implementing emission 7 standards for each existing affected source ofcarbon dioxide, among other factors, the 8 remaining useful life of the existing affected source to which such standard applies, 9 consistent with 42 U.S.C. Section 7411(d). 10 

### 3. Thecommission shallconsider,consistentwithits statutorydutiesto achievethe 11 

### prevention, abatement, and control of air pollution by all commercially available and 12 

### economically feasible methods, the overall economic impact from any and all emission 13 

### standardsandcompliance schedules developed andimplementedunder42 U.S.C. Section 14 

### 741l(d).

EXPLANATION- Matterenclosedin bold-facedbrackets [thus] inthe abovebillis notenactedandis intended to be omitted from the law. Matterinbold-facetype inthe abovebill is proposed language.SCS HCS HB 1631 2 

### 4. The commission may develop, on a unit-by-unit basis for individual existing affected sources and emissions of carbon dioxide at these existing affected sources, consistent with 40 CFR60.24(f), emission standardsthat areless stringent,butnot more stringent,thanapplicablefederalemissionguidelinesorlongercomplianceschedulesthan those required by federal regulations. This determination shall be based on: (1) Unreasonablecostofcontrolresultingfromplantage,location,orbasicprocess design;(2) Physical impossibility ofinstalling necessary control equipment; or (3) Otherfactors specificto theexistingaffectedsourceorclassofexisting affected sources that make application of a less stringent standard or final compliance time significantly more reasonable, including, butnotlimited to, the absolute cost ofapplying the emission standard and compliance schedule to the existing affected source; the outstanding debt associated with the existing affected source; the economic impacts of closing the existing affected source, including expectedjob losses ifthe existing affected sourceis unable to comply with the performance standard; and the customerimpacts of applying the emission standard and compliance schedule to the existing affected source, including any disproportionate electric rate impacts on low income populations. 5. As required by 40 CFR 60.26, the commission has legal authorityto carry out anystateimplementationplanwithemission standardsandcomplianceschedulesthatare developed and implemented consistentwith this chapter. 6. If

### any provision of this section or the application thereof to any person or circumstanceisheldinvalid,suchinvalidityshallnotaffectotherprovisionsorapplications ofthis section thatcanbe given effectwithouttheinvalidprovision orapplication, andto this end the provisions ofthis section are declared to be severable

. ./LR482 LR482

ONE HUNDRED THIRD LEGISLATURE SECOND SESSION 

## LEGISLATIVE RESOLUTION 482

Introduced by Carlson, 38; Bloomfield, 17; Brasch, 16; Christensen, 44; Davis, 43; Garrett, 3; Hansen, 42; Janssen, 15; Johnson, 23; Kintner, 2; McCoy, 39; Murante, 49; Schilz, 47; Seiler, 33; Smith, 14; Watermeier, 1; Wightman, 36; Wallman, 30; Howard, 9. WHEREAS, a reliable and affordable energy supply is vital to Nebraska's economic growth, jobs, and the overall benefit of its citizens, and Nebraska supports a diversified "all-the-above" energy strategy because it is in the best interest of the state and the nation; and WHEREAS, the United States has abundant supplies of coal that**~** provide economic and energy security benefits, and coal provides affordable and reliable electricity to the citizens of Nebraska; and WHEREAS, carbon regulations for existing coal-fueled power plants could threaten the affordability and reliability of Nebraska's electricity supplies and risk substantial job losses through the premature closure of power plants that have just invested in pollution controls to meet the recent mercury regulations of the United States Environmental Protection Agency (EPA); and WHEREAS, carbon dioxide emissions from coal-fueled power plants in the United States represent only 3 percent of global anthropogenic greenhouse gas emissions; and WHEREAS, the United States Energy Information Administration projects that in the United States, electric sector carbon dioxide emissions will be 14 percent below 2005 levels in 2020, and coal-fueled

-1-LR482 LR482

power plant carbon dioxide emissions will be 19 percent below 2005 levels in 2020; and WHEREAS, on June 25, 2013, President Obama directed the EPA Administrator to issue standards, regulations, or guidelines to address carbon dioxide emissions from new, existing, modified, and reconstructed fossil-fueled power plants; and WHEREAS, the President expressly recognized that states "will play

a central role in establishing and implementing carbon standards for existing power plants"; and WHEREAS, the Clean Air Act requires the EPA to establish a procedure under which each state shall develop a plan for establishing and implementing standards of performance for existing sources within the state; and WHEREAS, the Clean Air Act expressly allows states, in developing and applying such standards of performance, "to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies"; and WHEREAS, the EPA's existing regulations provide that states may adopt less stringent emissions standards or longer compliance schedules than EPA guidelines based on factors such as unreasonable cost of control, physical impossibility of installing necessary control equipment, or other factors that make less stringent standards or longer compliance times significantly more reasonable; and

-2-LR482 LR482

WHEREAS, it is in the best interest of electricity consumers in Nebraska to continue to benefit from reliable and affordable electricity provided by coal-based electricity generating plants. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONE HUNDRED THIRD LEGISLATURE OF NEBRASKA, SECOND SESSION: 1. That the Legislature urges the United States Environmental Protection Agency (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. 2. That the EPA should issue guidelines and approve stateestablished performance standards that are based on reductions of carbon dioxide emissions achievable by measures undertaken at fossil-fueled power plants. 3. That the EPA should allow Nebraska and other states to set less stringent performance standards or longer compliance schedules and give each state maximum flexibility to implement carbon dioxide performance standards for fossil-fueled power plants within their own jurisdiction. 4. That a copy of this resolution be sent to United States EPA Administrator Gina McCarthy and to each member of Nebraska's congressional delegation.

-3-

# Resolution

ENROLLED SENATE CONCURRENT RESOLUTION NO. 39 By: Bingman, Aldridge, Allen, Anderson, Ballenger, Barrington, Bass, Boggs, Branan, Brecheen, Brinkley, Brooks, Brown, Burrage, Coates, Crain, Dahm, David, Ellis, Fields, Ford, Garrison, Griffin, Halligan, Holt, Ivester, Johnson (Rob), Jolley, Justice, Loveless, Marlatt, Mazzei, McAffrey, Newberry, Paddack, Schulz, Sharp, Shaw, Shortey, Shumate, Simpson, Sparks, Standridge, Stanislawski, Sykes, Treat and Wyrick of the Senate and Schwartz and Walker of the House

A Concurrent Resolution urging the United States Environmental Protection Agency to allow states to regulate carbon dioxide emissions from certain electric generation facilities; and directing distribution.

WHEREAS, a reliable and affordable energy supply is vital to Oklahoma's economic growth, jobs and the overall interests of its citizens; andWHEREAS, fossil fuels provide affordable and reliable electricity to the citizens of Oklahoma; and WHEREAS, carbon regulations for existing fossil-fueled power plants could threaten the affordability and reliability of Oklahoma's electricity supplies, and therefore, threaten the wellbeing of its citizens; and WHEREAS, on June 25, 2013, the President of the United States directed the Administrator of the United States Environmental Protection Agency (EPA) to issue standards, regulations or guidelines to address carbon dioxide emissions from new, existing, modified and reconstructed fossil-fueled power plants; and WHEREAS, the Clean Air Act requires EPA to establish a "procedure" under which each state shall develop a plan for establishing and implementing standards of performance for existing sources within the state; and WHEREAS, the EPA's existing regulations provide that states may adopt "less stringent emissions standards or longer compliance schedules" than EPA's guidelines based on factors such as "unreasonable cost of control", "physical impossibility of installing necessary control equipment" or other factors that make less stringent standards or longer compliance times "significantly more reasonable"; and WHEREAS, it is in the best interest of electricity consumers in this state to continue to benefit from reliable, affordable electricity provided by fossil-based electricity generating plants. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE 2ND SESSION OF THE 54TH OKLAHOMA LEGISLATURE, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN: THAT Oklahoma urges the United States Environmental Protection Agency (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

ENR. S. C. R. NO. 39 Page 2account the unique policies, energy needs, resource mix and economic priorities of Oklahoma and other states. THAT the EPA should issue guidelines and approve stateestablished performance standards that are based on reductions of carbon dioxide emissions achievable by measures undertaken at fossil-fueled electric generation facilities. 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. THAT copies of this resolution be distributed to the members of the Oklahoma Congressional Delegation and Gina McCarthy, Administrator, United States Environmental Protection Agency. Adopted by the Senate the 3rd day of April, 2014.

Presiding Officer of the Senate Adopted by the House of Representatives the 22nd day of April, 2014.

Presiding Officer of the House of Representatives

OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this day of --------------------' 20 ________, at o'clock M. By:

ENR. S. C. R. NO. 39 Page 3HOUSE CONCURRENTRESOLUTION NO. 1022 A CONCURRENT RESOLUTION, Concerning U.S. EPA-proposed greenhouse gas emission standards for new and existing fossil-fueled powerplants. WHEREAS, on June 25, 2013, the President issued a memorandum to the U.S. EPA administratordirectingtheEPAtoproposenewsourceperformance standardsforgreenhouse gases that establish limits for carbon dioxide (C02) emissions from new fossil-fuel fired electric generatingunits,whichtheadministratordidonSeptember20,2013; andbythe samememorandum directed the administratorto: (1) Issueproposedcarbonpollution standards, regulations, orguidelines, as appropriate, for modified, reconstructed, and existing powerplants by no laterthan June 1, 2014; (2) Issue final standards, regulations, or guidelines, as appropriate for modified, reconstructed, and existingpowerplants byno later than June 1, 2015; (3) Includeintheguidelinesaddressingexistingpowerplantsarequirementthatstates submit totheU.S. EPAthe implementationplansrequiredunderSection 111(d) ofthe CleanAir Act and its implementing regulations by no laterthan June 30, 2016; and WHEREAS, the President instructed the EPA, in its efforts to address carbon emissions from modified, reconstructed, and existing power plants to engage directly with states, and expressly recognized that states "will play a central role in establishing and implementing standards for existing powerplants"; and WHEREAS, the President instructed the EPA to work with state agencies to "promote the reliable and affordable provision of electric power through the continued development and deploymentofcleanertechnologies andbyincreasingenergyefficiency, includingthrough stronger appliance efficiency standards and othermeasures"; and WHEREAS, EPA is proposingtwo standards for new fuel-fired utilityboilers and IGCC units of 1,100 pounds ofC02per gross megawatt-hour overa twelve-operating month period or 1,000- 1,050lbsC02/MWhgrossoveraneighty-four-operatingmonthperiod,bothofwhichwouldrequire
new coal units to employ at leastpartial carbon capture and storage (CCS) technology; and WHEREAS, EPA is proposing two standards for new natural gas-fired stationary combustion

# ' units of 1,000 lbs C02/MWhgross for units greaterthan 850 million Britishthermal unitsperhour and 1,100 lbs Co2/MWhgross for units lessthan orequalto 850 mmBtu/hr, neitherofwhichwould require the use ofany CCS technology; and WHEREAS, the August 2010 report ofPresident Obama's Interagency Task Force on Carbon Capture and Storage determined that CCS technologies "are not ready for widespread implementation primarily because they have not been demonstrated at the scale necessary to establish confidence for powerplant application"; and WHEREAS, EPA has failed to establishthe CCS is the best system ofemission reduction that has been adequately demonstrated, as required by the Clean Air Act and its implementing regulations; and WHEREAS, the U.S. Department ofEnergy's National Energy Laboratory has found that the application ofcurrentlyresearched CCS technology to new coal-firedpowerplants could increase the cost ofelectricity produced by such plants by eighty percent, which would severely impact industrial, commercial, and especially residential consumers; and WHEREAS,themostefficientcoal-firedpowerplants, such as thosethatusethe commercially available ultra-supercritical and supercritical technologies represent the best system ofemission reductionthathas been adequately demonstrated, butalone wouldbe insufficientto achieve EPA's proposedperformance standard; and WHEREAS, South Dakota strongly supports a diversified energy mix in an "all-of-the-above" energy strategy and not an "all-but-one" approach that restricts the future use ofcoal to generate affordable electricity; and WHEREAS,thenewproposal does notcorrectdeficiencies inthe standardsoriginallyproposed byU.S. EPA in April2012; and WHEREAS,in2012 C02emissionsfrom U.S. coal-basedelectricgenerationweretwenty-three percent below 2005 levels according to the U.S. EPA Clean Air Markets Acid Rain Program database; and WHEREAS, currently a large percentage ofelectricity inthe United States is producedbycoalbasedloadpowerplants,andC02emissionsfrom electricgenerationare continuingto decreasedue to retirements ofunits that are uneconomic to retrofit to comply with other EPA regulations and operate due to market conditions; andWHEREAS, total C02emissionsfortheU.S. havebeendecreasingandare ontrackto meetthe administration's nonbinding target ofseventeenpercentbelow 2005 levels by 2020; and WHEREAS, EPA's proposed requirements do not sufficientlyrecognize that accumulation of greenhouse gases in the atmosphere is a global issue and global action is required to address it; and WHEREAS, Section lll(d) and its implementing regulations define roles, authority, and discretionforEPAand the states, andEPAis requiredto establishaprocedure so thatstates are able tousetheirfull authorityanddiscretiontodevelopperformancestandardsandimplementationplans for existing plants based on all flexibility mechanisms available under the Clear Air Act and its implementing regulations; and WHEREAS, Section Ill(d) and EPA's current implementing regulations expressly authorize states to take into account factors as the "unreasonable cost ofcontrol resulting from plant age, location,orbasicprocessdesign," "physicalimpossibilityofinstallingnecessarycontrolequipment," and "any other factors specific to the facility or class offacilities that make application ofa less stringent standard or final compliance time significantly more reasonable" when making determinationsonthe applicationofthe appropriate standardofperformanceto aparticularexisting source; and WHEREAS, states already have the authority conferred by the Clean Air Act and its implementing regulations to decide and to demonstrate the application ofless stringent emission standards or longer compliance schedules than those provided in applicable rules or emission guidelines; and WHEREAS, the states rely on EPA to issue a procedure under Section Ill(d) and its implementing regulations that reflects the best system ofdirect emission reductions at affected facilities takinginto accountthe costofachieving suchreduction and anynon-airqualityhealth and environmental impact and energy requirements; and WHEREAS, states have jurisdiction over integrated resource planning and other resource adequacy decisions, processes which ultimately determine the mixes offuels in state generation portfolios, which differ from state to state; and WHEREAS, states have different mixes of fuels and resources in their existing generation portfolios; and WHEREAS, coal provides affordable and reliable electricityto forty-eight states, includingthe

# ' twenty-nine states that rely on coal to provide more than twenty-five percent oftheir electric generationandthefifteen statesthatrelyoncoaltoprovidemorethanfiftypercentoftheirelectricity generation; and WHEREAS, states have achieved different levels ofC02 reductions, have diverse economies and energy needs, and face different economic conditions, including states with energy intensive manufacturing industries that provide goods for the entire nation; and WHEREAS, Section 111(d) and its implementing regulations provide discretion for states to maintaintheoperationofcoal-basedelectricitygeneratingplantsthroughtheendoftheirusefullives that meet environmental performance requirements for conventional and hazardous airpollutants: NOW,THEREFORE,BEITRESOLVED,bytheHouseofRepresentativesoftheEighty-Ninth Legislature ofthe State of South Dakota, the Senate concurring therein, that the South Dakota Legislature 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 ofenergy so that it is affordable and reliable; and BEITFURTHERRESOLVED,thatthepolicyshouldnotinfringeuponstates'authorityalready provided by the Clean AirAct and its implementing regulations that allows states individually or regionallyto take into accountthe different makeup ofexistingpowergeneration and resource mix ineach stateandregionandusingcurrentregulationsthatprovidefor statestobeabletodemonstrate less stringent emission standards and longer compliance schedules for affected facilities; and BE IT FURTHERRESOLVED, that the policy should recognize state and regional variations in the provision ofaffordable and reliable electricity so that each state can minimize compliance costs to ratepayers and maintain reliability.Adopted bythe House ofRepresentatives, Concurred in bythe Senate,

Brian Gosch Speaker ofthe House

Matt Michels President ofthe Senate February 25, 2014 March 5, 2014

Arlene Kvislen ChiefClerk ofthe House

Jeannette Schipper Secretaryofthe SenateHOUSE JOINT RESOLUTION 663 By VanHuss

A RESOLUTION relative to the regulation of carbon dioxide emissions from fossil-fueled power plants WHEREAS, a reliable and affordable energy supply is vital to Tennessee's economic growth, jobs, and the overall interests of its citizens; and WHEREAS, Tennessee supports an all-of-the-above energy strategy, because it is in the best interest ofTennessee and the Nation; and WHEREAS, the United States has abundant supplies of coal that provide economic and energy security benefits; and WHEREAS, coal provides affordable and reliable electricity to the citizens ofTennessee; and WHEREAS, carbon regulations for existing coal-fueled power plants could threaten the affordability and reliability ofTennessee's electricity supplies and risk substantial job losses through the premature closure of power plants that havejust invested in pollution controls to meet the United States Environmental Protection Agency's (EPA) located in the United States recent mercury regulations; and WHEREAS, carbon dioxide emissions from coal-fueled power plants represent only three percent ofglobal anthropogenic greenhouse gas emissions; and WHEREAS, the United States Energy Information Administration projects that U.S. electric sector carbon dioxide emissions in the United States will be fourteen percent below 2005 levels in 2020, and that carbon dioxide emissions from coal-fueled power plants in the United States will be nineteen percent below 2005 levels in 2020; and

HJR0663 011761

-1-WHEREAS, on June 25, 2013, the President directed the Administrator ofthe U.S. EPA to issue standards, regulations, or guidelines to address carbon dioxide emissions from new, existing, modified, and reconstructed fossil-fueled power plants; and WHEREAS, the President expressly recognized that states "will play a central role in establishing and implementing carbon standards for existing power plants"; and WHEREAS, the Clean Air Act requires the EPA to establish a procedure under which each state shall develop a plan for establishing and implementing standards of performance for existing sources within the state; and WHEREAS, the Clean Air Act expressly allows states, in developing and applying such standards of performance, "to take into consideration, among other factors, the remaining useful life ofthe existing source to which such standard applies"; and WHEREAS, the EPA's existing regulations provide that states may adopt "less stringent emissions standards or longer compliance schedules" than the EPA's guidelines based on factors such as "unreasonable cost of control," "physical impossibility of installing necessary control equipment," or otherfactors that make less stringent standards or longer compliance times "significantly more reasonable"; and WHEREAS, it is in the best interest of electricity consumers in Tennessee to continue to benefit from reliable, affordable electricity provided by coal-based electricity generating plants; now, therefore; BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED EIGHTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that this General Assembly urges the 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 ofTennessee and other states.

HJR0663 011761

-2-BE IT FURTHER RESOLVED, that the EPA should issue guidelines and approve stateestablished performance standards that are based on reductions of carbon dioxide emissions achievable by measures undertaken atfossil-fueled power plants. BE IT FURTHER RESOLVED, that the EPA should allow Tennessee and other states to set less stringent performance standards or longer compliance schedules for power plants within theirjurisdiction. BE IT FURTHER RESOLVED, that Tennessee and other states should be given maximum flexibility by the EPA to implement carbon dioxide performance standards for fossilfueled power plants within theirjurisdiction. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be transmitted to the Environmental Protection Agency, Washington, D.C.

- 3 - 011761

### VIRGINIAACTS OF ASSEMBLY-- 2014 SESSION

CHAPTER756 An Act to amend and reenact §§ 67-201 and 67-202 ofthe Code ofVirginia, relating to the Virginia Energy Plan; analysis ofeffects ofcarbon dioxide emission control requirements; periodic interim updates. [S 615] Approved April 7, 2014 Be it enacted by the General Assembly ofVirginia: 1. That §§ 67-201 and 67-202 ofthe Code ofVirginia are amended and reenacted as follows: § 67-201. Development ofthe Virginia Energy Plan. A. The Division, in consultation with the State Corporation Commission, the Department of Environmental Quality, and the Center for Coal and Energy Research, shall prepare a comprehensive Virginia Energy Plan covering a 1 0-year period. The Plan shall propose actions, consistent with the objectives enumerated in § 67-101, that will implement the Commonwealth Energy Policy set forth in §67-102. B. In addition, the Plan shall include: 1. Projections of energy consumption in the Commonwealth, including but not limited to the use of fuel sources and costs of electricity, natural gas, gasoline, coal, renewable resources, and other forms of energy resources used in the Commonwealth; 2. An analysis of the adequacy of electricity generation, transmission, and distribution resources in the Commonwealth for the natural gas and electric industries, and how regional generation, transmission, and distribution resources affect the Commonwealth; 3. An analysis of siting requirements for electric generation resources and natural gas and electric transmission and distribution resources; 4. An analysis of fuel diversity for electricity generation, recognizing the importance of flexibility in meeting future capacity needs; 5. An analysis ofthe efficient use ofenergy resources and conservation initiatives; 6. An analysis of how these Virginia-specific issues relate to regional initiatives to assure the adequacy offuel production, generation, transmission, and distribution assets; 7. An analysis of sitirig of energy resource development, refining or transmission facilities to identify any disproportionate adverse impact of such activities on economically disadvantaged or minority communities; aRd 8. With regard to any regulations proposed or promulgated by the U.S. Environmental Protection Agency to reduce carbon dioxide emissionsfromfossilfuel-fired electric generating units under § Ill(d) ofthe Clean Air Act, 42 U.S.C. § 7411(d), an analysis of(i) the costs to and benefits for energy producers and electric utility customers; (ii) the effect on energy markets and reliability; and (iii) the commercial availability oftechnology required to comply with such regulations; and &- 9. Recommendations, based on the analyses completed under subdivisions 1 through 

## + 8, for legislative, regulatory, and other public and private actions to implement the elements of the Commonwealth Energy Policy. C. In preparing the Plan, the Division and other agencies involved in the planning process shall utilize state geographic information systems, to the extent deemed practicable, to assess how recommendations in the plan may affect pristine natural areas and other significant onshore natural resources. D. In preparing the Plan, the Division and other agencies involved in the planning process shall develop a system for ascribing numerical scores to parcels ofreal property based on the extent to which the parcels are suitable for the siting of a wind energy facility or solar energy facility. For wind energy facilities, the scoring system shall address the wind velocity, sustained velocity, turbulence, proximity to electric power transmission systems, potential impacts to natural and historic resources and to economically disadvantaged or minority communities, and compatibility with the local land use plan. For solar energy facilities, the scoring system shall address the parcel's proximity to electric power transmission lines, potential impacts of such a facility to natural and historic resources and to economically disadvantaged or minority communities, and compatibility with the local land use plan. The system developed pursuant to this section shall allow the suitability ofthe parcel for the siting of a wind energy facility or solar energy facility to be compared to the suitability of other parcels so scored, and shall be based on a scale that allows the suitability ofthe parcel for the siting of a such an energy facility to be measured against the hypothetical score ofan ideal location for such a facility. E. After July 1, 2007, upon receipt by the Division of a recommendation from the Department of General Services, a local governing body, or the parcel's owner that a parcel of real property is a2 of2 potentially suitable location for a wind energy facility or solar energy facility, the Division shall analyze the suitability of the parcel for the location of such a facility. In conducting its analysis, the Division shall ascribe a numerical score to the parcel using the scoring system developed pursuant to subsection D. § 67-202. Schedule. A. The Division shall complete the Plan by July 1, 2007. B. Prior to completion of the Plan and updates thereof, the Division shall present drafts to, and consult with, the Coal and Energy Commission and the Commission on Electric Utility Regulation. C. The Plan shall be updated by the Division and submitted as provided in § 67-203 by July 1, 2010, October 1, 2014, and every fffiH: yeaFS fourth October 1 thereafter. In addition, the Division shall provide interim updates on the Plan by October 1 ofthe third year ofeach administration. Updated reports shall reassess goals for energy conservation based on progress to date in meeting the goals in the previous plan and lessons learned from attempts to meet such goals. D. Beginning with the Plan update in 2014, the Division shall include a section to setforth energy policypositions relevant to anypotential regulationsproposed orpromulgated by the State Air Pollution Control Board to reduce carbon dioxide emissionsfromfossilfuel-fired electric generating units under § 111(d) ofthe Clean Air Act, 42 U.S.C. § 7411(d). In this section ofthe Plan, the Division shall address policy optionsfor establishing separate standards of performance pursuant to § 111(d) ofthe Clean Air Act, 42 U.S.C. § 7411(d), for carbon dioxide emissionsfrom existingfossilfuel-fired electric generating units to promote the Plan's overall goal of fuel diversity asfollows: 1. The Plan shall address policy optionsfor establishing the standards of performancefor existing coal-fired electric generating units, including but not limited to thefollowingfactors: a. The most suitable system ofemission reduction that (i) takes into consideration (a) the cost and benefit ofachieving such reduction, (b) any non-air quality health and environmental impacts, and (c) the energy requirements ofthe Commonwealth and (ii) has been adequately demonstratedfor coal-fired electric generating units that are subject to the standard of performance; b. Reductions in emissions ofcarbon dioxide that can be achieved through measures reasonably undertaken at each coal-fired electric generating unit; and c. Increased efficiencies and other measures that can be implemented at each coal-fired electric generating unit to reduce carbon dioxide emissionsfrom the unit without convertingfrom coal to other fuels, co-firing otherfuels with coal, or limiting the utilization ofthe unit. 2. The Plan shall also address policy options for establishing the standards ofperformance for existing gas-fired electric generating units, including but not limited to thefollowingfactors: a. The application ofthe criteria specified in subdivisions 1 a and b to natural gas-fired electric generating units, instead of to coal-fired electric generating units; and b. Increased efficiencies and other measures that can be reasonably implemented at the unit to reduce carbon dioxide emissionsfrom the unit without switchingfrom natural gas to other lower-carbon fuels or limiting the utilization ofthe unit. 3. The Plan shall examine policy optionsfor state regulatory action to adopt less stringent standards or longer compliance schedules than those providedfor in applicablefederal rules or guidelines based on analysis ofthefollowing: a. Consumer impacts, including any disproportionate impacts of energy price increases on lower-incomepopulations; b Unreasonable cost ofreducing emissions resultingfrom plant age, location, or basic process design; c. Physical difficulties with or impossibility ofimplementing emission reduction measures; d. The absolute cost of applying theperformance standard to the unit; e. The expected remaining useful life of the unit; 

### f The economic impacts ofclosing the unit, including expectedjob losses, ifthe unit is unable to comply with the performance standard; and g. Any otherfactors specific to the unit that make application ofa less stringent standard or longer compliance schedule more reasonable. 4. The Plan shall identifY options, to the maximum extent permissible, for any federally required regulation ofcarbon dioxide emissionsfrom existingfossilfuel-fired electric generating units, regulatory mechanisms that provide flexibility in complying with such standards, including the averaging of emissions, emissions trading, or other alternative implementation measures that are determined to further the interests of the Commonwealth and its citizens.512312014

Enrolled Version- Final Version olHERveRsroNs
- Introduced Version 1 Engrossed Version 1

(By Delegates R. Phillips, Caputo, Andes, Craig, Sumner, Pethtel, Marcum, Lynch, Tomblin, Eldridge and Barker) HB4346Telt

ENROLLED

H. 8.4346

[Passed March 8, 2014; in effect ninetydays from passage,]

AN ACT to amend the Code ofWest Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-20, relating to the development ofa state plan to reduce carbon pollution and greenhouse gas production under section 111 ofthe Clean Air Act; establishing separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units; establishing separate standards of performance for natural gas-fired electric generating units; and factors and considerations to be reflected inthe developed state plan.

Be itenactedbythe Legislature ofWest Virginia:

That the Code ofWestVirginia, 1931, as amended, be amended byadding thereto a new section, designated §22-5-20, to read as follows:

ARTICLE 5. AIR POLLUTION CONTROL §22-5-20. Regulating carbon dioxide emissions from existing fossil fuel-fired electric generating units.

(a) The Department of Environmental Protection, in consultation with the Department of Environmental ProtectionAdvisory Council, shall establish separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units in accordance with subsection (b) and from existing natural gas-fired electric generating units in accordance with subsection (c). The standards of performance developed and proposed under any state plan to complywith Section 111 ofthe Clean AirAct should allow for greaterflexibility and take into consideration the additional factors set forth in subsection (d) as a part of any state plan to achieve targeted reductions in greenhouse gas emissions which are equivalent or comparable to the goals and marks established byfederal guidelines. (b) Standards of performance forexisting coal-firedelectricgenerating units.
- Exceptas provided undersubsection (d), the standard of performance established for existing coal-fired electric generating units under subsection (a) shall be based upon: (1) The best system ofemission reduction which, taking into account the cost ofachieving the reduction and any nonair quality health and environmental impact and energy requirements, has been adequately demonstrated for coal-fired electric generating units that are subjectto the standard ofperformance; (..., (2) Reductions in emissions of carbon dioxide that can reasonably be achieved through measures undertaken at each coal-fired electric generating unit; and (3) Efficiency and other measures that can be undertaken at each coal-fired electric generating unit to reduce carbon dioxide emissions from the unitwithout switching from coal to otherfuels or limiting the economic utilization ofthe unit; and httpJII.w.w.legis.state.\W.us/Biii_Statuslbills_te>t.cfm?billdoc=hb4346%20ENR.htm&yr=2014&sesstwe=RS&billtwe=B&houseorig=H&i=4346 112512312014 H B4346Te><t (4) Additional regulatory mechanisms that provide flexibility in complying with the standards, including: (A) Emissions trading with credited reduction for any unit that was in operation January 1, 2011, or thereafter, and fleet wide averaging; (B"- other alternative implementation measures that are determined to further the interests of West Virginia and its**citize~** including state programs such as clean energy programs that mandate reduced energy consumption resulting in avoided emissions, emission reductions, or a reduction in the state's carbon dioxide intensity whereby the state shall credit equally based on the output to the generators located in the state that are subject to carbon dioxide performance standard rules under Section 111 (d) ofthe Clean AirAct. (c) Standards of perfonnance forexisting naturalgas-firedelectricgenerating units.
- Except as provided in subsection (d), the standard of performance established for existing gas-fired electric generating units under subsection (a) shall be based upon: (1) The best system of emission reduction which, taking into account the cost of achieving the reduction and any nonair quality health and environmental impact and energy requirements, has been adequately demonstrated for natural gas-fired electric generating units that are subjectto the standard ofperformance; (2) Reductions in emissions of carbon dioxide that can reasonably be achieved through measures at each natural gasfired electric generating unit; and (3) Efficiency and other measures that can be undertaken at the unit to reduce carbon dioxide emissions from the unit without switching from natural gas to other lower-carbon fuels or limiting the economic utilization ofthe unit. (d) Flexibility in establishing standards ofperfonnance.
- In developing a flexible state plan to achieve targeted reductions in greenhouse gas emissions, the Department of Environmental Protection shall endeavor to establish an achievable standard of performance for any existing fossil fuel-fired electric generating unit, and examine whether less stringent performance standards or longer compliance schedules may be implemented or adopted for existing fossil fuel-fired electric generating units in comparison to the performance standards established for new, modified or**reconstructs~** generating units, based on the following: (1) Consumer impacts, including any disproportionate impacts ofenergy price increases on lower income populations; (2) Nonair quality health and environmental impacts; (3) Projected energy requirements; (4) Market-based considerations in achieving performance standards; (5) The costs ofachieving emission reductions due to factors such as plant age, location orbasic process design; (6) Physical difficulties with orany apparent inabilityto feasibly implement certain emission reduction measures; (7) The absolute cost ofapplying the performance standard to the unit; (8) The expected remaining useful life ofthe unit; (9) The impacts ofclosing the unit including economic consequences such as expected job losses, ifthe unit is unable to complywith the performance standard; (1 0) Impacts on the reliability ofthe system; and

(11) Any other factors specific to the unit that make application of a modified or less stringent standard or a longer compliance schedule more reasonable. (e) State plan requirement.
- The Department of Environmental Protection shall propose or submit to the U. S. Environmental Protection Agency a state plan which includes achievable performance standards for existing sources, and "" combination ofadditional measures designed to meetthe U. S. Environmental Protection Agency's guidelines, consistent wiMI' the considerations,

goals and parameters setforth in this section.**http://vmN.Iegis.state.m.us/Biii_Statuslbills_te><l.cfm?billdoc=hb4346%20ENR.htm&~=2014&sessl}pe=RS&billl}pe=B&houseorig=H&i=4346** 212512312014



### Urging West Virginia-2014-HR13-lntroduced


### HOUSE RESOLUTION 

### NO. 13 

### (By Delegates Caputo, Mr. Speaker (Mr. Miley),

Craig, Marcum, R. Phillips, Moye, Perry, Stephens, Walker, Reynolds, D. Poling, Ferro, Barker, Boggs, Campbell, Diserio, Eldridge, Fragale, Guthrie, Hartman, Hunt, Iaquinta, Jones, Kinsey, Longstreth, Lynch, Manchin, Manypenny, Marshall, Moore, Morgan, Paxton, Perdue, Pethtel, L. Phillips, Pino, M. Poling, Poore, Skaff, P. Smith, Staggers, Swartzmiller, Tomblin, White, Williams, Young and Wells)

the 

## u.s. Environmental Protection Agency to develop guidelines that support the lead role of states in regulating carbon dioxide emissions from existing power plants.
WHEREAs, A reliable and affordable energy supply is vital to West Virginia's economic growth, jobs, and the overall interests of its citizens; and
WHEREAs, West Virginia supports an all-the-above energy strategy because it is in the best interest of West Virginia and the Nation; (.,and

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# " WHEREAS' The United States has abundant supplies of coal that provide economic and energy security benefits; and
WHEREAs, Coal provides affordable and reliable electricity to the citizens of West Virginia; and
WHEREAs, Carbon regulations for existing coal-fueled power plants could threaten the affordability and reliability of West Virginia's electricity supplies and risk substantial job losses through the premature closure of power plants that have just invested in pollution controls to meet the 

## u.s. EPA's recent mercury regulations; and
WHEREAS, Carbon dioxide emissions from U.S. coal-fueled power plants represent only three percent of global anthropogenic greenhouse gas emissions; and
WHEREAs, The U.S. Energy Information Administration projects that U.S. electric sector carbon dioxide emissions will be fourteen percent below 2005 levels in 2020 and that carbon dioxide emissions from U.S. coal-fueled power plants will be nineteen percent below 2005 in 2020; and

WHEREAS' On June 25, 2013, The President directed the Administrator of the U.S. EPA to issue standards, regulations, or

http://legiscan.comJWV/telt!HR131id/9n155NIJest_ Virginia-2014-HR13-lntroduced.html 2/5512312014 WestVirg inia-2014-HR13-lntroduced 

### guidelines to address carbon dioxide emissions from new, existing,

# ~ modified, and reconstructed fossil-fueled power plants; and

WHEREAs, 

### The President expressly recognized that the states "will play a central role in establishing and implementing carbon standards for existing power plantsu; and

WHEREAs, 

### The Clean Air Act requires EPA to establish a "procedureu under which each state shall develop a plan for establishing and implementing standards of performance for existing

sources within the state; and

WHEREAs, 

### The Clean Air Act expressly allows states, in and applying such standards of performance, "to**developing~** 

### take into consideration, among other factors, the remaining useful life of the existing source to which such standard appliesu; and

WHEREAs, 

### EPA's existing regulations provide that states may adopt "less stringent emissions standards or longer compliance schedulesu that EPA's guidelines based on factors such as "unreasonable cost of control,u "physical impossibility of installing necessary control equipment,u or other factors that make less stringent standards or longer compliance times "significantly more reasonableu; and

http://legiscan.comi'MIIte>4/HR13/id/977155/West_ Virginia-2014-HR13-lntroduced.html 315512312014 West Virginia-2014-HR 13-lntroduced 

### WHEREAs, It is in the best interest of electricity consumers in West Virginia to continue to benefit from reliable, affordable electricity provided by coal-based electricity generating plants; therefore, be it

Resolved by 

### the House of Delegates:

That West Virginia 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 (.,energy emissions that needs, resource take into mix, and Virginia and other states; and, be itaccount the unique policies, economic priorities of West

Further Resolved, That EPA should issue guidelines and approve state-established performance standards that are based on reductions of carbon dioxide emissions achievable by measures undertaken at fossil-fueled power plants; and, be it

Further Resolved, That EPA should allow West Virginia and other

states to set less stringent performance standards or longer (., compliance and, be it schedules for power plants within their jurisdiction;

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### Further Resolved, 

### That West Virginia and other states should be given maximum flexibility by EPA to implement carbon dioxide performance standards for fossil-fueled power plants within their jurisdiction; and, be it

Further Resolved, 

### That the Clerk of the House forward a certified copy of this resolution to the federal Environmental Protection Agency.

# ~

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### ORIGINAL SENATE JOINT RESOLUTION NO. 0001 ENROLLED JOINT RESOLUTION NO. 1, SENATE SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING 2014 BUDGET SESSION

A JOINT RESOLUTION requesting Congress to require the federal Environmental Protection Agency to respect the primacy of Wyoming in developing guidelines for regulating carbon dioxide emissions. WHEREAS, a reliable and affordable energy supply is vital to Wyoming's economic growth, jobs, and the overall interests of its citizens; and WHEREAS, Wyoming supports an all-the-above energy strategy because it is in the best interests of the state of Wyoming and the nation; and WHEREAS, the United States has abundant supplies of coal and natural gas that provide economic and energy security benefits; and WHEREAS, carbon regulations for existing power plants could threaten the affordability and reliability of Wyoming's electricity supplies and therefore threaten the wellbeing of its citizens; and WHEREAS, the U.S. Energy Information Administration projects that U.S. electric sector carbon dioxide emissions will be fourteen percent (14%) below 2005 levels in 2020; and WHEREAS, on June 25, 2013, the President directed the Administrator of the U.S. Environmental Protection Agency (EPA) to issue standards, regulations or guidelines to address carbon dioxide emissions from new, existing, modified and reconstructed fossil-fueled power plants; and

1

### ORIGINAL SENATE JOINT RESOLUTION NO. 0001 ENROLLED JOINT RESOLUTION NO. 1, SENATE SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING 2014 BUDGET SESSION WHEREAS, the President expressly recognized that states "will play a central role in establishing and implementing carbon standards for existing power plants;" and WHEREAS, the Clean Air Act requires EPA to establish a "procedure" under which each state shall develop a plan for establishing and implementing standards of performance for existing sources within the state; and WHEREAS, the Clean Air Act expressly allows states in developing and applying such standards of performance "to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies;" and WHEREAS, EPA's existing regulations provide that states may adopt "less stringent emissions standards or longer compliance schedules" than EPA's guidelines based on factors such as "unreasonable cost of control," "physical impossibility of installing necessary control equipment," or other factors that make less stringent standards or longer compliance times "significantly more reasonable;" and WHEREAS, it is in the best interest of electricity consumers in Wyoming to continue to benefit from reliable, affordable electricity provided by coal and natural gasbased electricity generating plants. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING: Section 

### 1. That Wyoming 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,
2

### ORIGINAL SENATE JOINT RESOLUTION NO. 0001 ENROLLED JOINT RESOLUTION NO. 1, SENATE SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING 2014 BUDGET SESSION

resource mix and economic priorities of Wyoming and other states. Section 

### 2. That EPA should issue guidelines and approve state-established performance standards that are based on reductions of carbon dioxide emissions that are practical and achievable by measures undertaken at fossilfueled power plants. Section 

### 3. That Wyoming and other states should be given maximum flexibility by EPA to implement carbon dioxide performance standards for fossil-fueled power plants within their jurisdiction.

3

### ORIGINAL SENATE JOINT RESOLUTION NO. 0001 ENROLLED JOINT RESOLUTION NO. 1, SENATE SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING 2014 BUDGET SESSION

Section 4. 

### That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation. (END)

Speaker of the House President of the Senate

Governor TIME APPROVED: DATE APPROVED: I hereby certify that this act originated in the Senate.

Chief Clerk

4

### State Legislation and Resolutions regarding implementation ofgreenhouse gas emissions for existing generating units under section 111(d) ofthe Clean Air Act: 

### Alabama: SenateJoint Resolution 57 Passed by State House and State Senate (as of2/26/2014) 

### Arizona: Senate Concurrent Resolution 1022 Passed by State House and State Senate (as of4/ 14/2014) 

### Florida: Senate Memorial 117 4 Passed by State House and State Senate (as of5/ 1/2014) 

### Georgia: House Resolution 1158 Passed by State House and State Senate (as of3/ 18/2014) 

### Indiana: House Resolution 11 Passed State House (as of2/ 18/2014) 

### Kansas: House Bill 2636 Signed by Govemor Sam Brownback (R-KS) (4/ 17/2014) 

### Kentucky: House Bill 388 Signed by Govemor Steve Beshear (D-KY) (4/2/2014) 

### Missouri: House Bill 1631 Passed State House and State Senate (as of5/7/2014) 

### Nebraska: Legislative Resolution 482 Passed Unicameral Legislature (as of4/ 10/2014) 

### Oklahoma: Senate Concurrent Resolution 39 Passed State House and State Senate (as of4/22/2014) 

### South Dakota: House Concurrent Resolution 1022 Passed State House and State Senate (as of3/5/2014) 

### Tennessee: House Joint Resolution 663 Passed State House (as of3/17/2014) 

### Virginia: Study Bill 615 Approved by Govemor

### Terry McAuliffe (D-VA) (4/7/2014) 

### West Virginia: House Bill 4346 Approved by Govemor Earl Ray Tomblin (D-WV) (4/ 1/2014) House Resolution 13 Passed State House and State Senate (as of3/3/2014) 

### Wyoming: Senate Joint Resolution 1 Signed by Govemor Matt Mead (R-WY) (3/7/2014)