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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection
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On August 3, 2015, the United States Environmental Protection Agency (EPA) announced the final federal Clean Power Plan, which sets state-by-state goals for the reduction of carbon emissions from existing fossil fuel-fired power plants. The final rule is widely known as the “111(d) rule,” named after the section of the Clean Air Act it cites as its legal authority.

On Oct. 23, 2015, the New Jersey Department of Environmental Protection (DEP), on behalf of the State of New Jersey, filed a lawsuit in the U.S. Court of Appeals for the District of Columbia Circuit challenging the EPA’s Clean Power Plan.

On June 18, 2014, the United States Environmental Protection Agency (EPA) proposed a new rule that would set state-by-state goals for the reduction of carbon emissions from existing fossil fuel-fired power plants. The proposed rule is widely known as the “111(d) rule,” named after the section of the Clean Air Act it cites as its legal authority.

On November 28, 2014, the New Jersey Department of Environmental Protection (DEP), on behalf of the State of New Jersey, filed extensive comments with the EPA opposing the proposed rule. In a letter transmitting the State’s comments to EPA Administrator Gina McCarthy, DEP Commissioner Bob Martin called the proposed rule “fundamentally flawed,” and said it “punishes states, including New Jersey, which have already taken significant steps to reduce their CO2 emissions.”

New Jersey’s comments about the 111(d) proposed rule can be found here:

On October 23, 2015, the United States Environmental Protection Agency (EPA) proposed additions to the “111(d) rule” and also proposed Model Trading Rules under the 111(d) rule.

On January 21, 2016, the New Jersey Department of Environmental Protection (DEP), on behalf of the State of New Jersey, filed detailed comments with the EPA, restating its opposition to the final 111(d) rule and opposing the proposed additions to the 111(d) rule and the proposed Model Trading Rules. In a letter transmitting the State’s comments to EPA Administrator Gina McCarthy, DEP Commissioner Bob Martin stated that “Our analysis of the above-captioned Proposed Rules further demonstrates the unresolved and unmanageable difficulties created by EPA’s overzealous, needlessly complex, and convoluted approach to regulating CO2 emissions under the Final Rule.” 

On June 16, 2016, the United States Environmental Protection Agency (EPA) proposed certain design details for the Clean Energy Incentive Program (CEIP), a component of the 111(d) rule. The CEIP aim to remove barriers to investment in energy efficiency and solar measures in low-income communities, and to encourage early investments in zero-emitting renewable energy generation. The CEIP is optional; states may, but are not required to, implement this incentive program for early action.

On October 26, 2016, the New Jersey Department of Environmental Protection (DEP), on behalf of the State of New Jersey, filed detailed technical comments with the EPA on the proposed rule. In a letter transmitting the State’s comments to EPA Administrator Gina McCarthy, DEP Commissioner Bob Martin reiterated the State’s opposition to the 111(d) rule as a whole and to the CEIP proposal in particular, stating, “Our analysis of the above-captioned Clean Energy Incentive Design Details; Proposed Rule again confirms our overall view that EPA’s entire approach is ineffective and unfair to New Jersey. Accordingly, we renew our request that EPA repeal the Clean Power Plan Final Rule and abandon this proposal.”

New Jersey’s comments about the proposed CEIP Design Details for the 111(d) rule can be found here:

 

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Last Updated: November 2, 2016