Does CCS Meet BACT Requirements under the DQA?

From: EP News Wire

By Caitlin Nordahl

Jim Tozzi from the Center for Regulatory Effectiveness (CRE) sent a letter to the Secretary of Energy today, addressing issues with the Environmental Protection Agency’s (EPA) planned regulations for new coal-fired plants.

The EPA’s rule seeks to require Carbon Capture and Storage (CCS) technology be adopted at new plants. Tozzi’s letter argues that requiring CCS adoption at this stage, when its effectiveness has not been adequately tested, would discourage its future use as the technology is furthered.

All,

The Department of Energy spends billions on the development emission control technologies. It is important that they participate actively in the formulation of EPA’s NSPS for new coal fired plants.

DOE participation in the rulemaking is virtually guaranteed if EPA were to conduct a peer review in accordance with the requirements of the Data Quality Act.

Failure to conduct such a peer review could result in the execution of the legal strategy contained herein which provides a method for challenging a proposed rule because of non-compliance with the peer review requirements specific to the Data Quality Act. The strategy is a result of a legal precedent established in the TRAC litigation.