Nebraska Says Power Plant Rule Violates Energy Policy Act, Should Be Withdrawn

摘要

The Environmental Protection Agency's proposed carbon dioxide performance standards for new power plants violates the Energy Policy Act of 2005 and should be withdrawn, Nebraska said in a lawsuit (Nebraska v. EPA, D. Neb., No. 14-cv-03006, 1/15/14). The Energy Policy Act expressly prohibits the EPA from considering carbon capture projects funded under the act when determining the technology is adequately demonstrated for the purposes of new source performance standards under Section 111 of the Clean Air Act. Three of the facilities the EPA cited in its proposed rule to demonstrate that carbon capture is viable at new coal-fired power plants have received funding under the Energy Policy Act and are ineligible for consideration, according to the complaint filed Jan. 15 in the U.S. District Court for the District of Nebraska.