Missouri’s Attorney General joined peers from 26 other states in asking for a procedural delay of 60 days from the Environmental Protection Agency (EPA) for the pending Clean Energy Incentive Program (CEIP) rule. Chris Koster sought a delay in the comment period on the draft rule until well after a final court decision on the Clean Power Plan on which the CEIP is based.
The CEIP is purportedly designed to incentivize a buildout of zero-emission electric generation resources as well as establishment of energy efficiency programs among targeted populations ahead of the implementation of the Clean Power Plan (CPP). The United States Supreme Court has stayed the rule until after court hearings early this fall.
The state attorneys general argue that the language of the stay requires the extension, and doing so is in line with the practices of other agencies when their rules are challenged. In their letter to the EPA, the states’ attorneys pointed to delays granted by the Obama Administration for comments on the State Department approval of the Keystone XL pipeline, due to uncertainty caused by a pending Nebraska Supreme Court decision.
EPA has already pushed back the original comment deadline from August 29 to September, based on a delayed public hearing on the draft rule.
The CPP aims to reduce carbon dioxide emissions from existing power plants by over 30 percent, starting as soon as 2022 and ramping up to 2030.