Utility Air Regulatory Group

EPA “must correct its procedural errors before finalizing the” Clean Energy Incentive Program, proposed as a non-regulatory adjunct to the Clean Power Plan, argues UARG, the utility group represented by Hunton & Williams. In a December 15 letter that renews its request for an extension of the January 21 deadline for comments, UARG argues EPA has sidestepped Clean Air Act and Administrative Procedure Act requirements by treating the solar/wind/energy efficiency incentive program as a non-regulatory proceeding. “The process provided by the non-regulatory docket,” UARG writes, “is. . .insufficient for the CEIP to be included as part of any final federal plans or model rules, and the comments submitted through the CEIP non-regulatory docket should be considered only as stockholder engagement.”   Since the CEIP is part of the Clean Power Plan, EPA should take comment through the CPP docket. And “EPA must also develop an additional proposed rule for the CEIP and place that proposed rule in a regulatory docket subject to notice and comment rulemaking.” UARG’s bottom line: EPA cannot circumvent the requirements of the CAA through the use of non-regulatory dockets and other atypical procedures.”