On October 23, 2015, EPA promulgated its Clean Power Plan pursuant to its authority under Section 111(d) of the Clean Air Act. The rule requires states to develop and implement plans which ensure that existing electric generation units (EGUs) comply with carbon dioxide (CO2) standards prescribed by EPA. Twenty-four (24) facilities in Louisiana will be impacted by the rule.
On February 9, 2016, the United States Supreme Court stayed EPA’s Clean Power Plan “pending disposition of the applicants’ petitions for review in the United States Court of Appeals for the District of Columbia Circuit and disposition of the applicants’ petition for a writ of certiorari, if such writ is sought.” Interested parties should understand that EPA’s current Clean Power Plan may be substantially modified or vacated in its entirety.
How Can I Participate in the Development of Louisiana’s Plan?
LDEQ will be conducting one or more listening sessions such that the public can provide input on the development of Louisiana's state plan. Notices of these listening sessions will be published in The Advocate (or local newspaper for sessions conducted outside of Baton Rouge), posted on LDEQ’s Public Notices webpage, and announced via the electronic notification “listserv” described below.
What Are EPA’s CO2 Standards?
The Clean Power Plan establishes the following “uniform national performance rates.” According to EPA, these rates represent the “best system of emission reduction,” or BSER.
|Fossil Fuel-Fired Electric Steam Generating Units (i.e., Boilers)
|Stationary Combustion Turbines
What Is Louisiana’s Goal?State goals were calculated using the aforementioned performance rates and each state’s baseline (i.e., calendar year 2012) generation by category. Louisiana’s goals are set forth in the table below. Any one of the three options may be selected.
* States must address “leakage” to new sources under a mass-based plan. One presumptively approvable strategy is to regulate new EGUs under the mass budget (as a matter of state law). Under such an approach, the state’s mass budget may include the new source complement. Other strategies include allocation methods that “counteract incentives to shift generation from affected EGUs to unaffected” EGUs or a “demonstration …, supported by analysis, that emission leakage is unlikely to occur due to unique state characteristics or state plan design elements that address and mitigate the potential for emission leakage.”
|| Option 1
|| Option 2
|| Final Rate-Based
|| Final Mass-Based (tons)
||Final Mass-Based with New Source Complement (tons)
** States may set their own milestones for the interim periods as long as they meet the prescribed (overall) interim and final goals.
When Is Louisiana’s Plan Due?
According to the final rule, state plans are due to EPA on September 6, 2016, though EPA has made 2-year extensions “readily available.” However, in light of the aforementioned stay, the date by which state plans will be due will likely be re-established based on the timing and outcome of the ongoing litigation.
How Can I Be Notified of LDEQ’s Clean Power Plan-Related Actions?
A “listserv” has been established to provide electronic notification when LDEQ schedules meetings, solicits comments, or disseminates information concerning the development of Louisiana's state plan.
How Can I Access LDEQ’s Clean Power Plan-Related Records?
Correspondence concerning the Clean Power Plan can be accessed via LDEQ’s Electronic Document Management System (EDMS) under Agency Interest (AI) No. 199837.
Act 726 of the 2014 Regular Session, enacting R.S. 30:2060.1, provides LDEQ with the authority to develop a state plan in collaboration with the Public Service Commission (PSC). Notably, Act 726 precludes the state plan from mandating than any EGU switch to other fuels (e.g., from coal to natural gas); co-fire other fuels; or otherwise limit its utilization.
For More Information
Please contact Bryan Johnston of the Air Permits Division by phone at 225.219.3450 or via e-mail at email@example.com.