May 29,2014 

EPA Administrator Gina McCarthy 

USEPA Headquarters- Ariel Rios Building 

1200 Pennsylvania Avenue, 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) of the Clean Air 

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 of the 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 complying with 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 of extreme demand. If EPA's proposal, as expected, yields an over-reliance on 

any one fuel source for baseload generation, or worse, severely limits the continued 

use of our 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 of greenhouse gas 

emissions for existing generating units under section 111 (d) of the Clean Air 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 of 4/ 14/2014) 

Florida: Senate Memorial 117 4 

Passed by State House and State Senate (as of Sf 1/2014) 

Georgia: House Resolution 1158 

Passed by State House and State Senate (as of 3/ 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 of 5/7 /2014) 

Nebraska: Legislative Resolution 482 

Passed Unicameral Legislature (as of 4/ 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 of 3/17 /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) 
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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 0 
SJR57 

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 

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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 2 
SJR57 

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 

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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 3 
SJR57 

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. 

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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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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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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 

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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 

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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. 

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14 LC 103 0133 

House Resolution 1158 

By: Representatives Martin of the 49th, Parsons of the 44th, Geisinger of the 48th, and Smith 

ofthe 70th 

A RESOLUTION 

Encouraging the Administration and Congress to establish a national energy policy that 

strengthens access to and removal of impediments to all available domestic sources of energy 

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) of the federal Clean Air Act; and 

WHEREAS, Congress charges the states, not EPA, with establishing standards of 

performance under Section Ill (d) of the federal Clean Air Act for existing stationary 

sources, including fossil fuel-fired electric generating units, as a means of furthering the 

cooperative federalism scheme under the Clean Air Act and ensuring that states have the 

primary role in managing their economic and environmental resources; 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 of Georgia; and 

WHEREAS, reductions in emissions of carbon dioxide can reasonably be achieved through 

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 of the unit; and 

WHEREAS, it is in the best interest of electricity consumers in Georgia to continue to benefit 

from reliable, affordable electricity provided by efficiently operated coal-based electricity 

generating plants. 

H. R. 1158 

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14 LC 103 0133 

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF 

GEORGIA that the members of this body encourage the Administration and Congress to 

establish a national energy policy that strengthens access to and removal of impediments to 

all available domestic sources of energy to improve its affordability and reliability. 

BE IT FURTHER RESOLVED that if EPA establishes guidelines to address greenhouse gas 

emissions from new fossil fuel-fired electric generating units, Georgia encourages EPA to 

establish separate guidelines for coal-fueled electric generating units that are based on highly 

efficient units such as ultrasupercritical and supercritical technologies without CCS which 

will optimize the economic and equitable utilization of all types of domestic fuel sourcesrecognizing the fact that additional time is needed for carbon capture and storage to become 

an adequately demonstrated best system of emissions 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, 

United States Department of Energy, and Congress are encouraged to support industry efforts 

for carbon capture and sequestration, specifically exploration of geological storage 

opportunities for states like Georgia without demonstrated geological storage locations, in 

conjunction with development of regulations. 

BE IT FURTHER RESOLVED that EPA is encouraged to closely consult with Georgia and 

all of the states as it develops greenhouse gas emission guidelines under Clean Air Act 

Section 111 (d) for existing power plants recognizing each state's authority under the Act to 

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 of electricity and the economic vitality of the 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 

power plants within their jurisdiction. 

H.R.ll58 

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14 LC 103 0133 

56 BE IT FURTHER RESOLVED that the General Assembly encourages comments from this 

57 state to EPA that reflect the findings and resolved provisions of this resolution, and the 

58 General Assembly encourages other states to do likewise. 

59 BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized 

60 and directed to transmit an appropriate copy of this resolution to the President of the United 

61 States, the United States Environmental Protection Agency, the United States Department 

62 of Energy, the National Governor's Association, the National Association of Regulatory 

63 Utility Commissioners, National Association of State Energy Officials, the Environmental 

64 Council ofthe States, the Association ofConsumer Counsel and other relevant 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 

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HOUSE 

RESOLUTION No. 

Introduced Version 

Introduced by: Riecken, Ubelhor 

A HOUSE RESOLUTION supporting the lead role of 

states in the regulation of carbon dioxide emissions from 

existing power plants. 

Whereas, A reliable and affordable energy supply is vital 

to Indiana's economic growth, jobs, and the overall interests of 

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 United States has abundant supplies of coal 

that provide economic and energy security benefits; 

Whereas, Coal provides affordable and reliable electricity 

to the citizens of Indiana; 

Whereas, Carbon regulations for existing coal-fueled 

HR. 1521/DI 84 

20142444 

2014 
2 

power plants could threaten the affordability and reliability of 

Indiana'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); 

Whereas, Carbon dioxide emissions from U.S. coal-fueled 

power plants represent only 3 percent of global anthropogenic 

greenhouse gas emissions; 

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 emission from U.S. coal-fueled power plants will be 19 

percent below 2005 levels in 2020; 

Whereas, On June 25, 2013, the President directed the 

Administrator of the EPA to issue standards, regulations, or 

guidelines to address carbon dioxide emissions from 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 existing power plants"; 

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; 

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"; 

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 

HR 1521/DI 84 

20142444 

2014 
3 

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 Indiana to continue to benefit from reliable, affordable 

electricity provided by coal-based electricity generating plants: 

Therefore, 

Be it resolved by the House of Representatives of the 

General Assembly of the State of Indiana: 

1 SECTION 1. That the Indiana House ofRepresentatives urges the 

2 EPA, in developing guidelines for regulating carbon dioxide emissions 

3 from existing power plants, to respect the primacy oflndiana and other 

4 states and to rely on state regulators to develop performance standards 

5 for carbon dioxide emissions that take into account the unique policies, 

6 energy needs, resource mix, and economic priorities of Indiana and 

7 other states. 

8 SECTION 2. That the EPA should issue guidelines and approve 

9 state-established performance standards that are based on reductions 

10 of carbon dioxide emissions achievable by measures undertaken at 

11 fossil-fueled power plants. 

12 SECTION 3. That the EPA should allow Indiana and other states 

13 to set less stringent performance standards or longer compliance 

14 schedules for power plants within their jurisdiction. 

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 

2014 
HOUSE 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-------------

SpeDlcer of the House. 

Chief Clerk of the House. 

Passed the SENATE as amended ____________ _ 

President of the Senate. 

Secretary of the Senate. 

APPROVED-------------

Governor. 
HOUSE BILL No. 2636 

AN AI::r concerning the secretary of health and environment relating to 

air quality standards. 

Be it enacted by the Legislature of the State of Kansas: 

Section 1. (a) For all coal-fired and natural gas electric generating 

units that are affected units pursuant to 42 U.S.C. § 7411, as in effect on 

the effective date of this act, that have been constructed or have received 

a prevention of significant deterioration permit by July 1, 2014, the secretary of health and environment may establish separate standards of 

performance for carbon dioxide emissions based upon: (1) The best system of emission reduction that has been adequately demonstrated while 

considering the cost of achieving such reduction; 

(2) reductions in emissions of carbon 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 other fuels or limiting the 

utilization of the unit. 

(b) In establishing any standard of performance for any existing electric 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 of achieving an emission limitation due to 

plant age, location or the design of an electric generating unit; 

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

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

( 4) the remaining useful life of an electric generating unit; 

(5) any economic or electric transmission and distribution impacts 

resulting from closing the electric generating unit if compliance with the 

performance standard is not possible; and 

(6) the potential for a standard of performance relating to unit efficiency, including any requirements for a new source review or the application of a best available control technology emission limitation for any 

criteria pollutant as a condition of receiving a permit or authorization for 

the project. 

(c) The secretary may implement such standards through flexible regulatory mechanisms, including the averaging of emissions, 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 carbon dioxide emissions levels from electric resources in this state, including coal, petroleum, 

natural gas or renewable energy resources as defined in K.S.A. 66-1257, 

and amendments thereto, that are owned, operated or utilized by power 

purchase agreements by utilities for purposes of determining compliance 

with such carbon dioxide emission standards. 

(d) This section shall be part of and 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. 

Be it enacted by the General Assembly of the Commonwealth of Kentucky: 

+SECTION 1. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO 

READ AS FOLLOWS: 

The Kentucky General Assembly hereby finds and declares 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 under 42 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 of per(ormance 

under 42 U.S.C. sec. 741J(d) (or existing stationary sources including (ossil fuelfired electric generating units as a means offurthering the scheme of cooperative 

federalism under the federal Clean Air Act and with ensuring that the states have 

the primary role in managing their own economic and environmental 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 

and environmental benefits (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(this Act (or existing coal-fired electric generating units,· and 

(b) Section 4 ofthis Act (or existing natural gas-fired electric generating units. 

Page 1 of5 HB038810.100- 1466-4971 GA 
(2) Performance standards shall be adjusted on a case-bv-case basis in accordance 

with Section 5 o(this Act and shall be implemented in accordance with Section 6 

ofthis Act. 

_.SECTION 3. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO 

READ AS FOLLOWS: 

Except for adjustments of the performance standard on a case-by-case basis under 

Section 5 of this Act. the performance standard that shall be established for existing 

coal-fired electric generating units shall be based on the following: 

(1) The best system ofemission reduction which has been adequately demonstrated 

for coal-fired electric generating units subject to the performance standard. Best 

system of emission reduction shall take into account the cost of: 

(a) Achieving the emission reduction; 

(b) Impacting non-air qualitv health and the environment; and 

(c) Maintaining energy requirements needed to serve the load on the electric 

generating unit,· 

(2) Reductions in emissions of carbon dioxide that can reasonablv 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 its carbon dioxide emissions without doing the 

following: 

(a) Switching from coal to other fuels; 

(b) Co-firing other fuels with coal; or 

(c) Limiting the utilization ofthe electric generating unit. 

_.SECTION 4. A NEW SECTION OF KRS CHAPTER 224 IS CREATED TO 

READ AS FOLLOWS: 

Except for adjustments of the performance standard on a case-by-case basis under 

Section 5 of this Act, the performance standard that shall be established for existing 

Page 2 of5 HB038810.100 • 1466 • 4971 GA 
gas-fired electric generating units shall be based on the following: 

(1) The best system of emission reduction which has been adequately demonstrated 

(or gas-fired electric generating units subject to the performance standard. Best 

system of emission reduction shall take into account the cost of: 

(a) Achieving the emission reduction; 

(b) Impacting non-air quality health and the environment; and 

(c) Maintaining energy requirements needed to serve the load of the electric 

generating unit; 

(2) Reductions in emissions of carbon dioxide that can reasonably be achieved 

through measures undertaken at each gas-fired 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 fuels that emit less carbon dioxide than natural gas or by limiting the 

utilization ofthe electric generating 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 cabinet shall consider, in all cases, 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 

stringent performance standard or longer compliance schedules shall be based on the 

following: 

(1) Consumer impacts including any disproportionate energy price increases on 

lower income populations; 

(2) Unreasonable costs of reducing emissions of carbon dioxide resulting from the 

age, location, or basic process design ofthe electric generating 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 cost o(applving the per(ormance standard to the electric generating 

(5) The expected remaining useful life o(the electric generating unit; 

(6) The economic impacts of closing the electric generating unit, including expected 

job losses, ifthe unit is unable to complv with the per(ormance standard; 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 units flexibility to comply with the per(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 

(ossil fuel-fired electric generating units unless the plan is: 

(a) Consistent with Sections 1 to 7 ofthis Act; and 

(b) Prepared in consultation with the Kentucky Public Service Commission to: 

1. Ensure that the plan minimizes the impacts on current and future 

industrial, commercial, and residential consumers; and 

2. Does not threaten the a(fordabilitv of Kentucky's rates or the 

reliabilitv ofelectricitv service. 

(2) The cabinet shall promulgate administrative regulations (or the establishment 

and implementation of any state plan to regulate emissions of carbon dioxide 

Page 4 of5 HB038810.100 • 1466 • 4971 GA 
emissions from existing fossil fuel-fired electric generating units under 42 U.S. C. 

sec. 7411(d). 

(3) Anv state plan established by the cabinet to regulate emissions ofcarbon dioxide 

pursuant to Sections 1 to 7 ofthis Act shall have no legal effect if: 

(a) The United States Environmental Protection Agency: 

1. Fails to issue federal rules or guidelines for reducing carbon dioxide 

emissions from existing fossil fuel-fired electric generating units 

under 42 U.S.C. sec. 74Jl(d); or 

2. Withdraws its federal rules or guidelines for reducing carbon dioxide 

emissions from existing fossil fuel-fired electric generating 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 existing fossil fuel-fired electric 

generating units. 

Page 5 of5 

HB038810.100- 1466-4971 GA 
5364S.07T 

SECOND REGULAR SESSION 

[TRULY AGREED TO AND FINALLY PASSED] 

SENATE COMMITTEE SUBSTITUTE FOR 

HOUSE COMMITTEE SUBSTITUTE FOR 

HOUSE BILL NO. 1631 

97TH GENERAL ASSEMBLY 

2014 

AN ACT 

To amend chapter 643, RSMo, by adding thereto one new section relating to the air conservation 

commission. 

Be it enacted by the General Assembly of the state of Missouri, as follows: 

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 Section 7411( d) and 40 CFR 60.24 through a unit-by-unit analysis of each existing affected 

3 source of carbon dioxide within the state. As used in this section, "unit-by-unit analysis" 

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 of carbon 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. The commission shall consider, consistent with its statutory duties to achieve the 

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 standards and compliance schedules developed and implemented under 42 U.S.C. Section 

14 741l(d). 

EXPLANATION- Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended 

to be omitted from the law. Matter in bold-face type in the above bill 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 CFR 60.24(f), emission standards that are less stringent, but not more 

stringent, than applicable federal emission guidelines or longer compliance schedules than 

those required by federal regulations. This determination shall be based on: 

(1) Unreasonable cost of control resulting from plant age, location, or basic process 

design; 

(2) Physical impossibility of installing necessary control equipment; or 

(3) Other factors specific to the existing affected source or class of existing affected 

sources that make application of a less stringent standard or final compliance time 

significantly more reasonable, including, but not limited to, the absolute cost of applying 

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 expected job losses if the existing affected 

source is unable to comply with the performance standard; and the customer impacts 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 authority to carry out 

any state implementation plan with emission standards and compliance schedules that are 

developed and implemented consistent with this chapter. 

6. If any provision of this section or the application thereof to any person or 

circumstance is held invalid, such invalidity shall not affect other provisions or applications 

of this section that can be given effect without the invalid provision or application, and to 

this end the provisions of this 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; and 
WHEREAS, 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 2 
account 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 3 
HOUSE CONCURRENT RESOLUTION NO. 1022 

A CONCURRENT RESOLUTION, Concerning U.S. EPA-proposed greenhouse gas emission 

standards for new and existing fossil-fueled power plants. 

WHEREAS, on June 25, 2013, the President issued a memorandum to the U.S. EPA 

administrator directing the EPA to propose new source performance standards for greenhouse gases 

that establish limits for carbon dioxide (C02) emissions from new fossil-fuel fired electric 

generating units, which the administrator did on September 20, 2013; and by the same memorandum 

directed the administrator to: 

(1) Issue proposed carbon pollution standards, regulations, or guidelines, as appropriate, for 

modified, reconstructed, and existing power plants by no later than June 1, 2014; 

(2) Issue final standards, regulations, or guidelines, as appropriate for modified, 

reconstructed, and existing power plants by no later than June 1, 2015; 

(3) Include in the guidelines addressing existing power plants a requirement that states submit 

to the U.S. EPA the implementation plans required under Section 111 (d) of the Clean Air 

Act and its implementing regulations by no later than June 30, 20 16; 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 power plants"; 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 

deployment of cleaner technologies and by increasing energy efficiency, including through stronger 

appliance efficiency standards and other measures"; and 

WHEREAS, EPA is proposing two standards for new fuel-fired utility boilers and IGCC units 

of 1,100 pounds of C02 per gross megawatt-hour over a twelve-operating month period or 1,000-

1,050 lbs C02/MWh gross over an eighty-four-operating month period, both of which would require 

new coal units to employ at least partial 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/MWh gross for units greater than 850 million British thermal units per hour 

and 1,100 lbs Co2/MWh gross for units less than or equal to 850 mmBtu/hr, neither of which would 

require the use of any CCS technology; and 

WHEREAS, the August 2010 report of President 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 power plant application"; and 

WHEREAS, EPA has failed to establish the CCS is the best system of emission reduction that 

has been adequately demonstrated, as required by the Clean Air Act and its implementing 

regulations; and 

WHEREAS, the U.S. Department of Energy's National Energy Laboratory has found that the 

application of currently researched CCS technology to new coal-fired power plants could increase 

the cost of electricity produced by such plants by eighty percent, which would severely impact 

industrial, commercial, and especially residential consumers; and 

WHEREAS, the most efficient coal-fired power plants, such as those that use the commercially 

available ultra-supercritical and supercritical technologies represent the best system of emission 

reduction that has been adequately demonstrated, but alone would be insufficient to achieve EPA's 

proposed performance 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 of coal to generate 

affordable electricity; and 

WHEREAS, the new proposal does not correct deficiencies in the standards originally proposed 

by U.S. EPA in April2012; and 

WHEREAS, in 2012 C02 emissions from U.S. coal-based electric generation were twenty-three 

percent below 2005 levels according to the U.S. EPA Clean Air Markets Acid Rain Program 

database; and 

WHEREAS, currently a large percentage of electricity in the United States is produced by coalbased load power plants, and C02 emissions from electric generation are continuing to decrease due 

to retirements of units that are uneconomic to retrofit to comply with other EPA regulations and 

operate due to market conditions; and 
WHEREAS, total C02 emissions for the U.S. have been decreasing and are on track to meet the 

administration's nonbinding target of seventeen percent below 2005 levels by 2020; and 

WHEREAS, EPA's proposed requirements do not sufficiently recognize 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 

discretion for EPA and the states, and EPA is required to establish a procedure so that states are able 

to use their full authority and discretion to develop performance standards and implementation plans 

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 of control resulting from plant age, 

location, or basic process design," "physical impossibility of installing necessary control equipment," 

and "any other factors specific to the facility or class of facilities that make application of a less 

stringent standard or final compliance time significantly more reasonable" when making 

determinations on the application of the appropriate standard of performance to a particular existing 

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 of less 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 of direct emission reductions at affected 

facilities taking into account the cost of achieving such reduction and any non-air quality health 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 of fuels 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 electricity to forty-eight states, including the 
' 

twenty-nine states that rely on coal to provide more than twenty-five percent of their electric 

generation and the fifteen states that rely on coal to provide more than fifty percent of their electricity 

generation; and 

WHEREAS, states have achieved different levels of C02 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 

maintain the operation of coal-based electricity generating plants through the end of their useful lives 

that meet environmental performance requirements for conventional and hazardous air pollutants: 

NOW, THEREFORE, BE IT RESOLVED, by the House ofRepresentatives of the Eighty-Ninth 

Legislature of the 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 of energy so that it is affordable and reliable; and 

BE IT FURTHER RESOLVED, that the policy should not infringe upon states' authority already 

provided by the Clean Air Act and its implementing regulations that allows states individually or 

regionally to take into account the different makeup of existing power generation and resource mix 

in each state and region and using current regulations that provide for states to be able to demonstrate 

less stringent emission standards and longer compliance schedules for affected facilities; and 

BE IT FURTHER RESOLVED, that the policy should recognize state and regional variations 

in the provision of affordable and reliable electricity so that each state can minimize compliance 

costs to ratepayers and maintain reliability. 
Adopted by the House of Representatives, 

Concurred in by the Senate, 

Brian Gosch 

Speaker of the House 

Matt Michels 

President ofthe Senate 

February 25, 2014 

March 5, 2014 

Arlene K vislen 

Chief Clerk of the House 

Jeannette Schipper 

Secretary of the Senate 
HOUSE 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 of Tennessee 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 of Tennessee; 

and 

WHEREAS, carbon regulations for existing coal-fueled power plants could threaten the 

affordability and reliability of Tennessee'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 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 of global 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 of the 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 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 the 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 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 of Tennessee 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 at fossil-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 their jurisdiction. 

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 their jurisdiction. 

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to 

the Environmental Protection Agency, Washington, D.C. 

- 3 - 011761 
VIRGINIA ACTS OF ASSEMBLY-- 2014 SESSION 

CHAPTER 756 

An Act to amend and reenact §§ 67-201 and 67-202 of the Code of Virginia, relating to the Virginia 

Energy Plan; analysis of effects of carbon dioxide emission control requirements; periodic interim 

updates. 

[S 615] 

Approved April 7, 2014 

Be it enacted by the General Assembly of Virginia: 

1. That §§ 67-201 and 67-202 of the Code of Virginia are amended and reenacted as follows: 

§ 67-201. Development of the 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 of the efficient use of energy resources and conservation initiatives; 

6. An analysis of how these Virginia-specific issues relate to regional initiatives to assure the 

adequacy of fuel 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 emissions from fossil fuel-fired electric generating units under § Ill (d) 

of the 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 of technology 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 of real 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 of the 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 of the parcel for the siting of a such an energy 

facility to be measured against the hypothetical score of an 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 a 
2 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 of the third year of each 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 set forth energy 

policy positions relevant to any potential regulations proposed or promulgated by the State Air Pollution 

Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under 

§ 111 (d) of the Clean Air Act, 42 U.S. C. § 7411 (d). In this section of the Plan, the Division shall 

address policy options for establishing separate standards of performance pursuant to § 111 (d) of the 

Clean Air Act, 42 U.S. C. § 7411 (d), for carbon dioxide emissions from existing fossil fuel-fired electric 

generating units to promote the Plan's overall goal of fuel diversity as follows: 

1. The Plan shall address policy options for establishing the standards of performance for existing 

coal-fired electric generating units, including but not limited to the following factors: 

a. The most suitable system of emission reduction that (i) takes into consideration (a) the cost and 

benefit of achieving such reduction, (b) any non-air quality health and environmental impacts, and (c) 

the energy requirements of the Commonwealth and (ii) has been adequately demonstrated for coal-fired 

electric generating units that are subject to the standard of performance; 

b. Reductions in emissions of carbon 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 emissions from the unit without converting from coal to other 

fuels, co-firing other fuels with coal, or limiting the utilization of the unit. 

2. The Plan shall also address policy options for establishing the standards of performance for 

existing gas-fired electric generating units, including but not limited to the following factors: 

a. The application of the 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 emissions from the unit without switching from natural gas to other lower-carbon 

fuels or limiting the utilization of the unit. 

3. The Plan shall examine policy options for state regulatory action to adopt less stringent standards 

or longer compliance schedules than those provided for in applicable federal rules or guidelines based 

on analysis of the following: 

a. Consumer impacts, including any disproportionate impacts of energy price increases on 

lower-income populations; 

b Unreasonable cost of reducing emissions resulting from plant age, location, or basic process 

design; 

c. Physical difficulties with or impossibility of implementing emission reduction measures; 

d. The absolute cost of applying the performance standard to the unit; 

e. The expected remaining useful life of the unit; 

f The economic impacts of closing the unit, including expected job losses, if the unit is unable to 

comply with the performance standard; and 

g. Any other factors specific to the unit that make application of a 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 of carbon dioxide emissions from existing fossil fuel-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 

olHER veRsroNs - 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 ninety days from passage,] 

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-20, 

relating to the development of a state plan to reduce carbon pollution and greenhouse gas production under section 111 of the 

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 in the developed state plan. 

Be it enacted by the Legislature of West Virginia: 

That the Code of West Virginia, 1931, as amended, be amended by adding 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 Protection Advisory 

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 comply with Section 111 

of the Clean Air Act should allow for greater flexibility 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 by federal guidelines. 

(b) Standards of performance for existing coal-fired electric generating units. - Except as provided under subsection (d), 

the standard of performance established for existing coal-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 coal-fired electric 

generating units that are subject to the standard of performance; 

(..., (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 unit without switching from coal to other fuels or limiting the economic utilization of the 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 112 
512312014 H B 4346 T e><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) of the Clean Air Act. 

(c) Standards of perfonnance for existing natural gas-fired electric generating 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 no nair 

quality health and environmental impact and energy requirements, has been adequately demonstrated for natural gas-fired 

electric generating units that are subject to the standard of performance; 

(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 of the unit. 

(d) Flexibility in establishing standards of perfonnance. - 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 of energy 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 of achieving emission reductions due to factors such as plant age, location or basic process design; 

(6) Physical difficulties with or any apparent inability to feasibly implement certain emission reduction measures; 

(7) The absolute cost of applying the performance standard to the unit; 

(8) The expected remaining useful life of the unit; 

(9) The impacts of closing the unit including economic consequences such as expected job losses, if the unit is unable to 

comply with the performance standard; 

(1 0) Impacts on the reliability of the 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 of additional measures designed to meet the U. S. Environmental Protection Agency's guidelines, consistent wiMI' 

the considerations, 

goals and parameters set forth in this section. 

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512312014 

Urging 

West Virg inia-2014-HR 13-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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5123/2014 West Virginia-2014-HR 13-lntroduced 

" 

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 

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512312014 West Virg inia-2014-HR 13-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 

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512312014 West Virg inia-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 it 

account 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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512312014 WestVirginia-2014-HR13-Introduced 

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 of greenhouse gas 

emissions for existing generating units under section 111 (d) of the Clean Air 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 of 4/ 14/2014) 

Florida: Senate Memorial 117 4 

Passed by State House and State Senate (as of 5/ 1/2014) 

Georgia: House Resolution 1158 

Passed by State House and State Senate (as of 3/ 18/2014) 

Indiana: House Resolution 11 

Passed State House (as of 2/ 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 of 5/7 /2014) 

Nebraska: Legislative Resolution 482 

Passed Unicameral Legislature (as of 4/ 10/2014) 

Oklahoma: Senate Concurrent Resolution 39 

Passed State House and State Senate (as of 4/22/2014) 

South Dakota: House Concurrent Resolution 1022 

Passed State House and State Senate (as of 3/5/2014) 

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 of 3/3/2014) 

Wyoming: Senate Joint Resolution 1 

Signed by Govemor Matt Mead (R-WY) (3/7 /2014)