# State Implementation Plans
Myra Reece Bureau Chief, Bureau of Air Quality SC DHEC Karen Sprayberry Program Coordinator, Bureau of Air Quality SC DHEC

# OBJECTIVES

• Discuss SC DHEC’s EJ Efforts

• Discuss SC’s Approach to Rule 111(d)

• Discuss State Implementation Plan

• Provide Tips for EJ Communities

# EJ & Public Participation Plan EJ 2014 Goals

• **Protect** environment & health in overburdened communities



## • **Empower** communities to take action to improve their health & environment



## • **Establish partnerships** to achieve healthy & sustainable communitiesCopyrighted page(s) removed. Copyrighted material is not available in Regulations.gov since it may not be reproduced without consent of the copyright holder. Removed pages can be viewed at the USEPA Docket Center, Public Reading Room.
Address: 1301 Constitution Ave, NW Room 3334 Washington, DC 20004 Telephone: 202-566-1744 Email: docket-customerservice@epa.gov

### SC’s Partnerships: SC EJ Advisory Committee

• Formation

– 2007, H.3733/Act 171

• Governmental Advisory Committee to SC DHEC

 Attorney General’s Office; Agriculture; Commerce; Education; Health & Human Services; Labor, Licensing & Regulations; DNR; PRT; Public Safety; DOT; USC

- Arnold School of Public Health; Clemson University

– Community & Economic Development; S. C. State University; State Ports Authority



### • Study & consider EJ issues in economic development & revitalization

• January 2010

– Findings/recommendations to Governor & General Assembly

### SC Partnerships: EJ Cooperative Agreement



## • 4 Pilots

• Build capacity while identifying environmental/social justice issues

• Support & Resources provided

### SC’s Partnerships: SC Environmental Leadership Forum

• Build leadership capacity within communities with environmental concerns

• Educate participants on regulatory roles, responsibilities, and environmental programs

• Strengthen partnerships among community leaders, businesses, local government officials, industry, and other stakeholders

• Spread awareness of environmental justice

• Strengthen environmental justice communities from within

### South Carolina’s Plan for Meeting EPA’s Clean Power Plan Myra Reece, Bureau Chief, BAQ EPA Community Workshop October 30, 2014

## EPA’S CLEAN POWER PLAN “Take Aways”

• Most complex, challenging rule yet

• Every single stakeholder has a vested interest in this proposal

• “Not your ordinary state implementation plan”

• As a result of the above, states have a lot of work and heavy lifting to do....need EJ communities at the table

## Most Complex, Challenging Rule Yet

• Politically/emotionally charged issue...messaging is key

• Ultimately, states are facing a challenge that Congress couldn’t meet... “the ultimate test”

• > 1100 pages (rule & supporting documents)

 Media questions on day 1

 5 months later....still have unanswered questions



### • Numerous legal questions.....litigation is evident

 Using Section 111 (Clean Air Act)

### Every Stakeholder has a vested interest in this proposed rule & their state plan

• SC Leadership: Governor, Attorney General, Congressional Delegation, State Legislature

• Electricity Providers/Regulators: Utilities, Electric Cooperatives, Public Service Commissions

• State Agencies: Energy Office, Dept of Natural Resources, Coastal Resource Management, Governor’s Office of Economic Opportunity

... • Small & Large Businesses: Energy consumers, Clean Energy/Technology Opportunities, Energy Efficiency

• Environmental & Health Advocates, Academia

• EJ Communities

• ALL South Carolinians (energy consumers, students, retirees..)

### “Not your ordinary state implementation plan”

• Goes beyond air quality......

 This rule combines energy and environmental policy

• The beginning of a new era for state energy & environmental regulators

 Additional regulatory authority may be needed ... legislative approval



### • SC’s Message: “Will be a STATE PLAN , NOT A DHEC PLAN”

 Important for us to get this right, “least cost” approach for SC in lieu of a federal plan

## SC DHEC’S Approach to Rule 111(d) “111(d) Utopia”

• Energy coalition formed August 2013:

 SC DHEC, Utilities, Public Service Commission, Electric Cooperatives, Energy Office, Environmental Advocates, EJ Community Leaders

• Data/Building Blocks/Outcomes Workgroup 

### s

• Efforts to shape/improve EPA’s proposed & final rule

• Important to SC: flexibility, credit for early actions, maintain affordable reliable energy

• Prefer State Compliance Plan (SIP) versus the alternative...a Federal Implementation Plan (FIP)...

## What SC stakeholders are saying....

• “Making EE/RE federally enforceable is a problem” (legally & ethically)”

• “Timeline is too aggressive for putting together such a critical & important plan for SC....and one that EPA will approve”

• “Just because we invested in nuclear energy doesn’t mean we shouldn’t do more with EE/RE”

• “Regardless of what we do or not do...It’s important that we get this RIGHT for SC (guiding principles)”

• “EPA’s treatment of “under construction” nuclear energy is not allowing us to take credit for future zero carbon emissions”

• “Just let us keep doing what we are doing”

## What’s Happening Right Now?

• Focusing on our 111 (d) comments

 Coalition consensus & separate comments

 Continuing to ask EPA a lot of detailed questions



### • Meetings, dialogue....& presentations

 Clean Energy & Technology businesses; Chamber meetings, regional, state & national forums



### • Encouraging everyone to submit comments to EPA, get engaged and keep up with the latest

 www.scdhec.gov/HomeAndEnvironment/Air/cleanpower/

# What Happens Next?

• Not waiting for the final rule or court decisions

• Continuing our collaborative efforts with all stakeholders...not developing a plan yet....but preparing SC for the final rule

• Branching out....public & local clean air coalition meetings...and reducing carbon emissions

 Focusing on energy efficiency (poverty counties first)....as we would be doing anyway

## EJ Community Tips

– Clean Power Plan

• States are “in the driver’s seat” on this one

 Know and build a good working relationship with your state air quality regulators and EJ contacts...branch out from there to other key partners (utilities, energy office,...)



### • Do your homework...don’t wait for the final rule

 Find out if your state plan will need legislative approval

 Know your state’s carbon emissions “report card”

 Acknowledge past, present & future opportunities

# HOMEWORK EXAMPLES...24



# SC Electrical Generation by Fuel, 2013

2% 2%

## Our Strategy as the process continues...

25 

## A Dialogue/Collaborative Spirit ...

## TIPS for EJ Communities

• Who are your stakeholders?

 Think outside the box for this Rule

• Begin a dialogue and work towards building relationships

 Consensus?!?

• Provide Useful/Factual Comments

• Education is not easy, but is key!

• Messaging is even more important!Myra Reece

– reecemc@dhec.sc.gov Karen Sprayberry

- spraybkj@dhec.sc.gov