CHARLESTON, W.Va. — The bill that allows lawmakers to oversee how the Department of Environmental Protection will implement future requirements of the EPA’s Clean Power Plan raised questions after Gov. Earl Ray Tomblin signed the bill into law earlier this month.
The Clean Power rule says each state must submit a reduced carbon emission plan by using “building blocks” established by the EPA. They must provide a procedure for the development of a state plan under section 111(d) of the Clean Air Act.
They include making coal-fired power plants more efficient, using more natural gas, using more alternative fuels, and increasing energy more efficiently in homes and businesses.
Some states have pushed back, including West Virginia. If West Virginia comes up with a plan for the EPA, and the plan is denied, State Attorney General Patrick Morrisey said there is a fear there could be a worse plan that could make things tougher on the state.
“If the administration believes that the state plan was inadequate, then we might have some additional arguments in court. I believe that this proposal is really exceeding their authority and ultimately would require a lot of changes in state law,” said Morrisey on this week’s MetroNews “Talkline.”
The bill has not received much attention by the legislature lately, but Morrisey said that could be a good thing for the state. He said it could have a positive effect as they continue to battle with the EPA in court.
“I think this increases the flexibility and the options for the state and that it can allow it to make a better decision once more information is known,” said Morrisey.
Morrisey said the future of the bill is unpredictable because no ones knows what will happen over the course of the next few months.
Morrisey said the state is waiting out the possible finalization of the bill and plans to evaluate what the EPA has to say.
“If we can see what’s going on with this administration, the state could be in emit of much better position strategically to decide either how it may submit its state implementation plan or how it may develop additional strategies to fight back in court,” said Morrisey.
The EPA is scheduled to release the final rule pertaining to the existing coal-fire power plant rule some time after June. The Obama administration will be releasing what it considers its federal implementation plan this summer.