BRADENTON, Fla. - West Virginia told the Environmental Protection Agency that its plan to reduce carbon dioxide emissions is "unprecedented" and "patently illegal" in the state's comments to the federal agency about the plan.
If imposed as the EPA suggests the plan would raise retail and commercial costs and have a "negative impact on the reliability of the power grid," the West Virginia Department of Environmental Protection said in the Dec. 1 filing.
The state agency also predicted the rule would be litigated.
"This proposed rule would have devastating impacts on the economy of our state and our nation," Gov. Earl Ray Tomblin said in a statement announcing that the comments had been filed.
"Across West Virginia, we are already seeing real impacts of the current regulatory environment in which industry must operate, and we remain concerned that this irresponsible mandate will cause significant negative effects for West Virginians and our nation's power grid," he said.
In its comments, the DEP said the EPA's proposal attempts to "boldly venture into many roles that go well beyond its historic responsibility under the Clean Air Act of regulating emissions of air pollutants from sources."
"Despite the 'flexibility' EPA claims that the proposed rule provides, the emissions guidelines under the proposed rule are entirely unreasonable," DEP said in its 60-page commentary.
"This comment period on the proposed rule is just the first step in the process," Tomblin said. "I urge the EPA to reconsider its proposed plan and realize the real impact these new rules will have on families and communities in West Virginia and across the country."
Tomblin went on to say that his state, and "the majority of Americans would be far better served by working together to develop reasonable, attainable goals that balance the environmental protection we all support with the economic growth we must maintain."
In June, the EPA proposed a sweeping rule to cut carbon dioxide emissions from coal plants by as much as 30% by 2030. Comments on the proposal, also known as the Clean Power Plan, were due by Dec. 1.
The complex plan has been criticized by coal-dependent states like West Virginia, and hailed by some environmentalists and states, including Virginia.
"I agree with the Clean Power Plan's goal of reducing carbon emissions in order to combat the threat of global warming, and I intend to continue Virginia's position as a leader on this important issue," Gov. Terry McAuliffe said Nov. 14 as that state filed 16 pages of comments on the plan.
"As with any regulatory process of this scope and complexity, Virginia has submitted comments to the EPA with the intent of improving the Clean Power Plan by making it more equitable and better recognizing the progress that states like ours have already made in reducing carbon," McAuliffe said.
