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PA Bulletin, Doc. No. 15-1655


Solicitation of Comments to Develop the Commonwealth's Compliance Plan for the United States Environmental Protection Agency's Final Rule for Carbon Pollution Emissions Guidelines for Existing Stationary Sources; Electric Generating Units (Clean Power Plan); Listening Sessions

[45 Pa.B. 5642]
[Saturday, September 12, 2015]

 On August 3, 2015, the United States Environmental Protection Agency (EPA) released the final Carbon Pollution Emissions Guidelines for Existing Stationary Sources: Electric Utility Generating Units (Clean Power Plan), accessible at The Clean Power Plan sets carbon dioxide emission standards for power plants and establishes customized goals for states to reduce carbon dioxide. Carbon dioxide is the primary pollutant affecting climate disruption, accounting for approximately 84% of all United States greenhouse gas emissions. Under the Clean Air Act (42 U.S.C.A. §§ 7401—7671q), each state is required to develop a state-specific compliance plan to meet individual state targets set by the EPA or be subject to the Federal Plan.

 The Commonwealth will draft a State Plan to comply with the Clean Power Plan that is tailor-made for this Commonwealth's economy and people, protecting indigenous resources and position as a net energy exporter. To develop a specific State Plan, the Department of Environmental Protection (Department) will seek the comments and feedback of many stakeholders including the Legislature, industry and citizens throughout this process, with the goal of submitting a plan to the EPA by the September 6, 2016, deadline.

A. Public Comments

 To start this dialogue, the Department will be accepting comments on the Commonwealth's compliance with the EPA's Clean Power Plan through November 12, 2015. The Department is soliciting comments on the Clean Energy Incentive Program component of the Clean Power Plan. The Department will also accept comments on the EPA-proposed Federal Plan that serves as a model rule for states developing state plans, accessible at

 While there will be no formal comment-response document as a result of the written comments or listening sessions, the Department will make all comments received available through eComment, accessible at Comments received by the Department will be used to develop the Commonwealth's compliance plan. Those who wish to comment on the EPA's proposals must submit comments to the EPA directly.

 Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the originator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at Written comments should be submitted to the Department of Environmental Protection, Policy Office, Rachel Carson State Office Building, P. O. Box 2063, Harrisburg, PA 17105-2063,

 Specifically, the Department is soliciting comments on the following questions for the State Plan:

Compliance Targets/Timeline

 • Should the State Plan use rate-based (expressed in pounds of carbon dioxide emissions per megawatt-hour) or mass-based (total tons of carbon dioxide) targets?

 • How should allowances be allocated under a mass-based approach?

 • Should new natural gas plants be included within a mass-based target?

 • What methods should be used to measure compliance?

Participation in Trading

 • Should the Commonwealth adopt a trade-ready program without a formal multistate agreement?

 • Should the Commonwealth join a formal multistate trading collaborative?

 • Should the Commonwealth manage carbon emissions without trading at all?

Energy Efficiency and Renewables

 • How can the Commonwealth best use renewable energy in meeting its compliance obligations?

 • How can the Commonwealth best use energy efficiency in meeting its compliance obligations?

 • Should the Commonwealth participate in the Clean Energy Incentive Program?

 • Should the Commonwealth set aside allowances or credits to participate in the Clean Energy Incentive Program?

 • What other energy conservation measures could be considered?

Least-Cost Compliance and Reliability Issues

 • What compliance pathway represents the least-cost option for the Commonwealth?

 • How can the Commonwealth meet its objective of prioritizing indigenous resources?

 • How can the Commonwealth maintain a diverse fuel mix?

 • How can the Commonwealth protect the Commonwealth's position as a net energy exporter?

 • How can the Commonwealth ensure electric reliability?

Vulnerable, Over-Burdened and Environmental Justice Communities

 • What specific communities of this Commonwealth may currently be experiencing adverse, disproportionate impacts of climate change and air pollution?

 • What specific communities of this Commonwealth may experience economic concerns over the implementation of the State Plan?

 • What additional steps can be taken by the Department to effectively reach out to these vulnerable communities to ensure that their concerns are taken into consideration?

 • How can the Commonwealth ensure that these communities are not disproportionately impacted by the State Plan?

B. Listening Sessions

 In addition to accepting written comments, the Department will be holding 14 listening sessions around this Commonwealth to take comments on the Clean Power Plan and the questions previously listed. Persons wishing to present at a listening session are requested to contact the Department's Policy Office at (717) 783-8727, at least 1 week in advance to reserve time. Verbal testimony is limited to 5 minutes for each witness. Witnesses are requested to submit two written copies of their verbal testimony. Organizations are limited to designating one witness to present testimony on their behalf at each listening session.

 The listening session schedule is as follows:

September 15, 2015
6 p.m.—9 p.m.
Dauphin County
Department of Environmental
South Central Regional Office
Susquehanna Rooms A and B
909 Elmerton Avenue
Harrisburg, PA 17110
September 21, 2015
6 p.m.—9 p.m.
Allegheny County
Carnegie Mellon University
Roberts Hall—Singleton Room,  4th Floor
5000 Forbes Avenue
Pittsburgh, PA 15213
September 22, 2015
9 a.m.—12 p.m.
Cambria County
Conference Center at  Pitt—Johnstown
Heritage Hall A
450 Schoolhouse Road
Johnstown, PA 15904
September 22, 2015
6 p.m.—9 p.m.
Greene County
Waynesburg Central High School  Auditorium
30 Zimmerman Drive
Waynesburg, PA 15370
September 28, 2015
6 p.m.—9 p.m.
Luzerne County
Wilkes University
Henry Student Center Ballroom,
 2nd Floor
84 West South Street
Wilkes-Barre, PA 18701
September 30, 2015
1 p.m.—4 p.m.
Philadelphia County
University of Pennsylvania
Kleinman Center
Fisher Fine Arts Building,
 Room 401
220 South 34th Street
Philadelphia, PA 19104
September 30, 2015
6 p.m.—9 p.m.
Delaware County
Marcus Hook Community Center
7 West Delaware Avenue
Marcus Hook, PA 19061
October 5, 2015
2 p.m.—5 p.m.
York County
Wyndham Garden York
White Rose Event Center
Crystal Ballroom
2000 Loucks Road
York, PA 17408
October 22, 2015
6 p.m.—9 p.m.
Lehigh County
Muhlenberg College
Trumbower 130
2238 Chew Street
Allentown, PA 18104
October 28, 2015
6 p.m.—9 p.m.
Schuylkill County
Penn State Schuylkill
John E. Morgan Auditorium
200 University Drive
Schuylkill Haven, PA 17972
October 29, 2015
6 p.m.—9 p.m.
Erie County
Hirt Auditorium at Blasco  Library
160 East Front Street
Erie, PA 16507
October 30, 2015
9 a.m.—12 p.m.
Clarion County
Clarion University
Gemmell Student Center
Multi-Purpose Room—2nd Floor
Corner of Payne Street and  Wilson Avenue
Clarion, PA 16214
October 30, 2015
2 p.m.—5 p.m.
Clearfield County
Penn State Dubois
7 Hiller Building—Auditorium
One College Place
Dubois, PA 15801
November 4, 2015
6 p.m.—9 p.m.
Lycoming County
Penn College
Mountain Laurel Room
One College Avenue
Williamsport, PA 17701

C. Contact

 Questions concerning the comment period and listening sessions can be directed to the Department's Policy Office at (717) 783-8727. The schedule for the sessions is also available through the Department's web site at (Keyword: Climate Change).

 Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact the Department at (717) 783-8727, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.


[Pa.B. Doc. No. 15-1655. Filed for public inspection September 11, 2015, 9:00 a.m.]

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