Legalectric

tRump’s “Affordable Clean Energy Rule” would be quite the legacy (though he leaves so many, how to choose).

EPA’s Affordable Clean Energy Rule page

Here are the fact sheets from that page:

Fact Sheets (these are links below!):

• Overview of the proposed ACE rule
• CO₂ emissions trends
• Costs and benefits 
• Legal overview
• Permitting improvements under New Source Review program
• Side-by-side comparison of ACE and CPP

And the proposed rule as published in the Federal Register yesterday:

Affordable Clean Energy Rule-Federal Register-8-31-2018-18755

It’s 68 pages long, and intense.

Comments due October 30 — how to comment?  From their site:

Yesterday Neighbors Against the Burner filed this Petition to Intervene in a docket at the PUC where Xcel Energy has filed a request for approval of a Power Purchase Agreement slashing the rate paid to Hennepin Energy Recovery Center – HERC for electricity generated at the HERC garbage burner:

Neighbors Against The Burner_Cover-Notice of Appearance -Petition to Intervene

Check out the Public Utilities Commission docket:

Click “Search Documents” HERE and search for docket 17-532

Here’s the Neighbors Against the Burner page for HERC:

HERC page and links via Wayback Machine

And check out Alan Muller’s powerpoint from the successful challenge to attempt to increase garbage burning:

HERC_Power Point

There was an announcement in April, 2016, of  the “HERC Clean Power Plan Coalition” with multiple groups joining to shut down HERC!  Sierra Club North Star Chapter, MPIRG, Neighborhoods Organizing for Change, Community Power, St. Joan of Arc, etc.  HERC has been raised as an issue in this fall’s Minneapolis Mayoral election. 

Now’s the time to get it done!  SHUT IT DOWN!

And last night in Rochester, more of the MPCA “Clean Power Plan” listening sessions.  This one was less well attended that Monday’s in Minneapolis, but packed into a much smaller, almost claustrophobic sized room.  Many concerns were raised, in large part because the “Clean Power Plan” remains a mystery — there is no MPCA plan for us to check out and comment on, and the federal Supreme Court put the EPA’s plan on hold.

The MPCA has been meeting with “stakeholders” which is primarily utilities, with a few energy wonks also attending — see this link, and scroll down for meetings and materials:

Clean Power Plan – Rulemaking (and meetings)

A turnout of this size, both last night and the night before, means that yes, people are interested and concerned, and I hope everyone stays in the loop and participates.

Last night at the Urban League, the MPCA held a meeting, a “listening session” about the proposed Clean Power Plan as a prelude to its rulemaking.

TONIGHT IS ANOTHER MEETING:

MPCA Clean Power Plan Listening Session

Wednesday, March 9, 2016

5:30 p.m. – ?  At least 8 p.m.

Cornerstone Plaza Hotel

401 6th Street S.W.

Rochester, MN

The MPCA has been holding ‘listening sessions,” a/k/a meetings, and has info on its site:

Clean Power Plan: Rulemaking in Minnesota

• Clean Power Plan (carbon pollution)
• Clean Power Plan in depth

Here’s the federal plan, now on hold at order of the court:

Clean Power Plan (U.S. EPA)

I very much do like that they’re going forward, despite the federal stay, because it is going to take some time to ramp up efforts.

Here’s the handout I brought to that meeting.  I ran out, only about 1/4 of the room covered, so that means there were at least 80 people there.

Handout-MPCA Public Meeting_Clean Power Plan

On the other hand, there are a lot of things I take issue with.

One thing that’s discouraging to me is that this is called the “Clean Power Plan” but they have not made any attempt to separate out and prohibit burning of garbage and biomass, both very dirty by any definition.  Incineration must be removed from the definition of “renewable.”

Another issue is that they’re NOT going to put together a rulemaking Advisory Committee, as provided by statute.  I asked about this last night and they verified it.

Minn. Stat. §14.101, Subd. 2.  Advisory committees.

Each agency may also appoint committees to comment, before publication of a notice of intent to adopt or a notice of hearing, on the subject matter of a possible rulemaking under active consideration within the agency.

Instead, what they’re doing is gathering the same ol’ same ol’ folks in an informal process, and they’re not going over a proposed rule prior to its being sent to the MPCA head (remember, there is no Citizens Board thanks to certain MN legislators) for release, and when it’s released, it’s too late for substantive changes.  The MPCA was part of the crew, with DNR and EQB, that so badly mangled that silica sand rulemaking (ummmm, whatever became of that, anyway?).  This does not bode well.

So now, on to tonight’s meeting, gotta do some prep.

And yes, that’s Frank “Coal Ash” Kolasch presenting.  What a moniker!

Tonight’s gathering starts at 5:30 p.m. or so with an open house (coffee & cookies), and the presentation and “listening” starts at 6:30 p.m.

MPCA Clean Power Plan Listening Session

Wednesday, March 9, 2016

5:30 p.m. – ?  At least 8 p.m.

Cornerstone Plaza Hotel

401 6th Street S.W.

Rochester, MN

Be there or be square!

Today the MPCA announced several new public “listening sessions” regarding the Clean Power Plan.  There are no rules yet proposed, but there have been many “stakeholder” meetings thus far, listed below. Note there’s one in Rochester on March 9.

And because of the recent U.S. Supreme Court decision, it’s “up in the air,” though Gov. Dayton has pledged to carry on.

North Dakota v. EPA, et al._020916_15A793

Meetings from today forward are an open house at 5:30 p.m. and the meeting beginning at 6:30 p.m.:

Upcoming meeting locations:

• February 16:  Bemidji State University, the American Indian Resource Center’s Gathering Place, Bemidji (event flyer here)
• February 23:  University of Minnesota–Duluth, Swenson Civil Engineering Building, Rooms 265/231, Duluth (event flyer here — updated with the full building name)
• February 24: Southwest Minnesota State University Conference Center, Upper Ballroom, Marshall (event flyer here — updated with the new date)
• March 2:  The Wellstone Center, St. Paul (event flyer here)
• March 8:  Minneapolis Urban League, Minneapolis (event flyer here)
• March 9:  Centerstone Plaza Hotel, Rochester (event flyer here)

There will be a rulemaking, but they’re not planning on forming an Advisory Group (which I think should be done), so that means that when they present the rule, it’ll pretty much be a done deal, SO that’s why the stakeholder meetings and info listed below is important, and that’s why you should go to these meetings and speak up.

If you have questions about the rulemaking or anything else regarding the Clean Power Plan, sign up for email notices through GovDelivery.Contact.  For questions about the status of the MPCA’s rulemaking contact Katie Izzo at katie.izzo@state.mn.us or by phone at 651-757-2595.

Clean Power Plan stakeholder group info: