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March 17, 2014

HOUSE REPUBLICANS CRITICIZE EPA PUBLIC COMMENT PROCESS

By ExchangeMonitor

Karen Frantz
GHG Monitor
12/13/13

Republicans on the House Committee on Science, Space and Technology are criticizing the Environmental Protection Agency for failing to “transcribe, webcast or otherwise record” public comments made at the Agency’s 11 listening sessions on expected new rules on greenhouse gas emissions from existing coal-fired power plants. “If there is no record of what was said, it’s unclear how the Agency can claim the sessions were designed for the purpose of ‘helping EPA develop smart, cost-effective guidelines,’” the lawmakers wrote in a Dec. 6 letter. “While EPA did allow written comments to be submitted at the sessions, many if not most presenters gave only oral remarks. In addition, it is our understanding that EPA does not intend to make public the written comments that were submitted.”

The EPA is expected to unveil carbon pollution standards for existing power plants by June 2014 under President Obama’s Climate Action Plan. While the agency was required to issue a lbs/MWh standard for CO2 under a similar rule for new power plants, the Clean Air Act requires that EPA issue procedural guidance for states to hammer out and submit their own standards for the existing source rule.

Skipping Coal Country

The letter also presses the EPA to hold additional listening sessions in states that are heavily reliant on coal, following weeks of criticism lodged against the agency charging that it skipped coal country. The 11 listening sessions were held at each of the EPA’s regional offices, located in Boston, New York City, Philadelphia, Atlanta, Chicago, Dallas, Kansas City, Denver, San Francisco and Seattle, as well as at its Washington, D.C., headquarters. The letter points to the EPA’s Public Involvement Policy—which says the agency should hold public meetings in areas affected by the meetings’ subject matter—and asks the agency to explain why it ignored the policy’s requirement. The letter also asks for elaboration on comments made by EPA Assistant Administrator for Air and Radiation Janet McCabe asserting that the agency has worked to reach out to state officials, environmental groups, health organizations, faith groups and others across the country. “For each of our states, please provide a list of EPA meetings with and outreach to stakeholders since August 1, 2013,” the letter says.

Meanwhile, Senate Minority Leader Mitch McConnell (R-Ky.), who also had asked the EPA to hold a listening session in Kentucky to no avail, held a “pro-coal listening session” in Pikeville, Ky. last week. “Coal is crucial to [Kentucky’s] people, economy and way of life,” McConnell said at the event, adding that he would take others’ comments directly back to the EPA.

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