States: EPA climate regs illegally left out data

[Geee]

The Hill:

The attorneys general from 13 states told the Environmental Protection Agency (EPA) that its proposed rule in June to reduce carbon pollution from power plants broke the law by omitting supporting information.

 

Led by West Virginia Attorney General Patrick Morrisey, the officials wrote in a Monday letter that the Clean Air Act requires the EPA to include a wide range of data when it proposes certain regulations. That includes the data upon which the rules are based, as well as the methodology and legal interpretations the EPA used.

 

 

“These docketing requirements are nondiscretionary,” wrote the attorneys, who represent major coal states including Wyoming, Indiana and Montana. “Finalizing a rule without providing parties with the technical information necessary for meaningful comment renders the final rule unlawful.”

The attorneys go on to say that the climate rule, which was published in two pieces for different kinds of power plants, “repeatedly violated” the data provisions. The agency excluded information from the EPA’s modeling, heat rate data from coal power plants and any technical information to support its rules for modified power plants.