`
`
`
`
`
`Nos. 20-1530, 20-1531, 20-1778, 20-1780
`IN THE
`Supreme Court of the United States
`WEST VIRGINIA, ET AL.,
`v.
`ENVIRONMENTAL PROTECTION AGENCY, ET AL.,
`THE NORTH AMERICAN COAL CORPORATION,
`v.
`ENVIRONMENTAL PROTECTION AGENCY, ET AL.,
`WESTMORELAND MINING HOLDINGS LLC,
`v.
`ENVIRONMENTAL PROTECTION AGENCY, ET AL.,
`NORTH DAKOTA,
`v.
`ENVIRONMENTAL PROTECTION AGENCY, ET AL.,
`On Writ Of Certiorari
`To The United States Court Of Appeals
`For The District Of Columbia Circuit
`JOINT APPENDIX (VOLUME IV OF IV)
`(Pages 1445–2030)
`LINDSAY S. SEE
`ELIZABETH B. PRELOGAR
` Solicitor General
` Solicitor General
` Counsel of Record
` Counsel of Record
`U.S. DEPARTMENT OF JUSTICE
`OFFICE OF THE W.V. ATT’Y GEN.
`950 Pennsylvania Avenue, NW
`State Capitol Complex
`Washington, DC 20530
`Building 1, Room E-26
`(202) 514-2217
`Charleston, WV 25305
`(304) 558-2021
`supremectbriefs@usdoj.gov
`lindsay.s.see@wvago.gov
`Counsel for Federal
`Respondents
`Counsel for Petitioners
`West Virginia, et al.
`(additional counsel listed on inside cover)
`PETITIONS FOR CERTIORARI FILED: APR. 29, 2021 (20-1530),
`APR. 30, 2021 (20-1531), JUNE 18, 2021 (20-1778 & 20-1780)
`CERTIORARI GRANTED: OCT. 29, 2021
`
`
`
`
`
`
`
`
`
`
`
`(continued from front cover)
`BETH S. BRINKMANN
`YAAKOV M. ROTH
` Counsel of Record
` Counsel of Record
`COVINGTON & BURLING LLP
`JONES DAY
`850 Tenth Street, NW
`51 Louisiana Ave., NW
`Washington, DC 20001
`Washington, DC 20001
`(202) 662-5312
`(202) 879-3939
`bbrinkmann@cov.com
`yroth@jonesday.com
`Counsel for Power Company
`Counsel for Petitioner
`Respondents
`North American Coal
`Corporation
`SEAN H. DONAHUE
`ANDREW M. GROSSMAN
` Counsel of Record
`DONAHUE, GOLDBERG &
` Counsel of Record
`BAKER & HOSTETLER LLP
`LITTLETON
`1008 Pennsylvania Ave., SE
`1050 Connecticut Ave., NW
`Washington, DC 20003
`Washington, DC 20036
`(202) 277-7085
`(202) 861-1697
`sean@donahuegoldberg.com
`agrossman@bakerlaw.com
`Counsel for Non-Governmental
`Counsel for Petitioner
`Organization & Trade
`Westmoreland Mining
`Association Respondents
`Holdings LLC
`BARBARA D. UNDERWOOD
`PAUL M. SEBY
` Special Assistant
` Solicitor General
` Attorney General
` Counsel of Record
`OFFICE OF THE ATT’Y GEN.
` Counsel of Record
`GREENBERG TRAURIG, LLP
`28 Liberty Street
`1144 15th Street, Suite 3300
`New York, NY 10005
`Denver, CO 80202
`(212) 416-8016
`(303) 572-6500
`barbara.underwood@ag.ny.gov
`sebyp@gtlaw.com
`Counsel for Respondents
`Counsel for Petitioner State
`New York, States and
`of North Dakota
`Municipalities
`(additional counsel listed on next page)
`
`
`
`(continued from inside cover)
`
`
`ELBERT LIN
` Counsel of Record
`HUNTON ANDREWS KURTH LLP
`951 E. Byrd Street, E. Tower
`Richmond, VA 23219
`(804) 788-7202
`elin@huntonak.com
`Counsel for Respondent
`America’s Power
`EMILY C. SCHILLING
` Counsel of Record
`HOLLAND & HART LLP
`901 K Street NW, Suite 850
`Washington, DC 20001
`(202) 393-6500
`ecschilling@hollandhart.com
`Counsel for Respondent Basin
`Electric Power Cooperative
`MISHA TSEYTLIN
` Counsel of Record
`TROUTMAN PEPPER HAMILTON
`SANDERS LLP
`227 W. Monroe St., Suite 3900
`Chicago, IL 60606
`(608) 999-1240
`misha.tseytlin@troutman.com
`Counsel for Respondent
`National Mining Association
`
`
`
`i
`
`TABLE OF CONTENTS
`
`
`Page
`
`VOLUME I
`Docket Entries,
`American Lung Association, et al. v.
`EPA, et al., No. 19-1140 (D.C. Cir.) ................... 1
`Opinion of the United States Court of Appeals
`for the District of Columbia Circuit
`(Jan. 19, 2021) .................................................. 53
`Respondents’ Motion for a Partial Stay of
`Issuance of the Mandate (Feb. 12, 2021) ....... 256
`Order of the United States Court of Appeals
`for the District of Columbia Circuit
`Granting the Motion for a Partial Stay of
`Issuance of the Mandate (Feb. 22, 2021) ....... 270
`Formal Partial Mandate of the United States
`Court of Appeals for the District of
`Columbia Circuit (Mar. 5, 2021) .................... 272
`VOLUME II
`Carbon Pollution Emission Guidelines for
`Existing Stationary Sources: Electric
`Utility Generating Units,
`80 Fed. Reg. 64,662 (Oct. 23, 2015) ............... 273
`VOLUME III
`Carbon Pollution Emission Guidelines for
`Existing Stationary Sources: Electric
`Utility Generating Units, 80 Fed. Reg.
`64,662 (Oct. 23, 2015) (cont.) ......................... 867
`
`
`
`
`
`
`
`ii
`
`TABLE OF CONTENTS
`(continued)
`
`Page
`
`VOLUME IV
`Carbon Pollution Emission Guidelines for
`Existing Stationary Sources: Electric
`Utility Generating Units, 80 Fed. Reg.
`64,662 (Oct. 23, 2015) (cont.) ....................... 1445
`EPA, Regulatory Impact Analysis for the
`Repeal of the Clean Power Plan, and
`the Emission Guidelines for Greenhouse
`Gas Emissions from Existing Electric
`Utility Generating Units (June 2019)
`(Excerpted) .................................................... 1669
`Repeal of the Clean Power Plan; Emission
`Guidelines for Greenhouse Gas
`Emissions From Existing Electric Utility
`Generating Units; Revisions to Emission
`Guidelines Implementing Regulations,
`84 Fed. Reg. 32,520 (July 8, 2019) ............... 1725
`
`
`
`
`
`
`
`1445
`
`By reducing millions of tons of CO2 emissions that
`are contributing to global GHG levels and providing
`strong leadership to encourage meaningful reductions
`by countries across the globe, this rule is a significant
`step to address health and economic impacts of climate
`change that will fall disproportionately on vulnerable
`communities.
` By reducing millions of tons of
`conventional air pollutants, the rule will lead to better
`air quality and improved health in those communities.
`We heard from many commenters who recognize and
`welcome those benefits.
`There are other ways in which the actions that
`result from this rulemaking may affect communities
`in positive or potentially adverse ways and we also
`heard about these from commenters.
`While the agency expects overall emission decreases
`as a result of this rulemaking, we recognize that some
`EGUs may operate more frequently, as a result of this
`rulemaking. To the extent that we project increases
`in utilization as a result of this rulemaking, we expect
`these increases to occur generally in lower-emitting
`NGCC units, which have minimal or no emissions of
`SO2 and HAP, lower emissions of particulate matter,
`and much lower emissions of NOX compared to higher-
`emitting steam units. We acknowledge the concerns
`that have been raised on this point but also the
`difficulty in anticipating prior to plan implementation
`where those impacts might occur. In addition to
`providing for a robust state planning process with
`opportunity
`for meaningful
`input, the EPA
`is
`encouraging states to evaluate the actual impacts of
`their plans once implemented and, as described below,
`the EPA intends to conduct an assessment of whether
`and where emission increases may that may result
`
`
`
`1446
`
`from plan implementation and to work with states to
`mitigate adverse impacts, if any, in overburdened
`communities.
`In addition to the many positive anticipated health
`benefits of this rulemaking, it also will increase the
`use of clean energy and will encourage EE. These
`changes in the electricity generation system, which
`are already occurring but may be accelerated by this
`program, are expected to have other positive benefits
`for communities. The electricity sector is, and will
`continue to be, investing more in RE and EE. The
`construction of renewable generation and
`the
`implementation of EE programs such as residential
`weatherization will bring investment and employment
`opportunities to the communities where they take
`place. We recognize that certain communities whose
`economies may be affected by changes in the utility
`and related sectors may be particularly impacted by
`the final rule. The EPA encourages states to make an
`effort to engage with these communities, including
`workers and their representatives in these sectors,
`including EE. It is important to ensure that all
`communities share in the benefits of this program.
`And while we estimate that its benefits will greatly
`exceed its costs (as noted in the RIA for this
`rulemaking), it is also important to ensure that to the
`extent there are increases in electricity costs, that
`those do not fall disproportionately on those least able
`to afford them.
`The EPA has engaged with community groups
`throughout this rulemaking, and we received many
`comments on the
`issues outlined above
`from
`community
`groups,
`environmental
`justice
`organizations,
`faith-based organizations, public
`
`
`
`1447
`
`health organizations, and others.1014 This input has
`informed this final rulemaking and prompted the EPA
`to consider other steps that the agency can take in the
`short and long term to assist states and stakeholders
`to consider environmental justice and impacts to
`communities
`in
`plan
`development
`and
`implementation.
`It has also prompted us to work with our federal
`partners to make sure that states and communities
`have information on federal resources available to
`assist communities. We describe these resources
`below, as well as resources that the EPA will be
`providing to assist communities in accessing EE/RE
`and financial assistance programs. In our discussion
`below we also provide models of programs that other
`states are currently using to assist communities in
`accessing available resources that states could use
`when developing their plans.
`Finally, and
`importantly, we recognize that
`communities must be able to participate meaningfully
`in state plan development. In this section, we discuss
`the requirements in the final rule for states, as they
`develop their plans, to provide opportunities for public
`involvement, and resources available to states and
`communities to enhance the success of the public
`process.
`A. Proximity Analysis
`The EPA is committed to assisting states and
`communities to develop plans that ensure there are no
`disproportionate, adverse impacts on overburdened
`
`
`1014 Detailed information on the outreach conducted as part of
`this rulemaking is provided in section I of this preamble.
`
`
`
`1448
`
`communities. To provide information fundamental to
`beginning that process, the EPA has conducted a
`proximity analysis for this final rulemaking that
`summarizes demographic data on the communities
`located near power plants.1015 The EPA understands
`that, in order to prevent disproportionately, high and
`adverse human health or environmental effects on
`these communities, both states and communities must
`have information on the communities living near
`facilities, including demographic data, and that
`accessing and using census data files requires
`expertise that some community groups may lack.
`Therefore, the EPA used census data from the
`American Community Survey (ACS) 2008–2012 to
`conduct a proximity analysis that can be used by
`states and communities as they develop state plans
`and as they later assess the final plans’ impacts. The
`analysis and its results are presented in the EJ
`Screening Report for the Clean Power Plan, which is
`located in the docket for this rulemaking at EPA-HQ-
`OAR-2013-0602.
`detailed
`provides
`analysis
`The
`proximity
`demographic information on the communities located
`within a 3-mile radius of each affected power plant in
`the U.S. Included in the analysis is the breakdown by
`percentage of community characteristics such as
`income and minority status. The analysis shows a
`higher percentage of communities of color and low-
`income communities living near power plants than
`national averages. It is important to note that the
`impacts of power plant emissions are not limited to a
`
`
`1015 The proximity analysis was conducted using the EPA’s
`environmental justice mapping and screening tool, EJSCREEN.
`
`
`
`1449
`
`3-mile radius and the impacts of both potential
`increases and decreases in power plant emissions can
`be felt many miles away. Still, being aware of the
`characteristics of communities closest to power plants
`is a starting point in understanding how changes in
`the plant’s air emissions may affect the air quality
`experienced by some of those already experiencing
`environmental burdens.
`Although overall there is a higher fraction of
`communities of color and low-income populations
`living near power plants than national averages, there
`are differences between rural and urban power plants.
`There are many rural power plants that are located
`near small communities with high percentages of low-
`income populations and
`lower percentages of
`communities of color.
` In urban areas, nearby
`communities tend to be both low-income communities
`and communities of color. In light of this difference
`between rural and urban communities proximate to
`power plants and in order to adequately capture both
`the low-income and minority aspects central to
`environmental justice considerations, we use the
`terms “vulnerable” or “overburdened” when referring
`to these communities. Our intent is for these terms to
`be understood in an expansive sense, in order to
`capture the full scope of communities, including
`indigenous communities most often located in rural
`areas, that are central to our environmental justice
`and community considerations.
`As stated in the Executive Order 12898 discussion
`located in section XII.J of this preamble, the EPA
`believes that all communities will benefit from this
`final rulemaking because
`this action directly
`addresses the impacts of climate change by limiting
`
`
`
`1450
`
`GHG emissions through the establishment of CO2
`emission guidelines for existing affected fossil fuel-
`fired power plants. The EPA also believes that the
`information provided in the proximity analysis will
`promote
`engagement
`between
`vulnerable
`communities and their states and will be useful for
`states as they begin developing their plans. In
`addition to providing the proximity analysis in the
`docket of this rulemaking, the EPA will disseminate
`the proximity analysis to states and will make it
`publicly available on its Clean Power Plan (CPP)
`Community Portal. Furthermore, the EPA has also
`created an interactive mapping tool that illustrates
`where power plants are
`located and provides
`information on a state level. This tool is available at:
`http://cleanpowerplanmaps.epa.gov/CleanPowerPla
`n/.
`Additionally, the EPA encourages states to conduct
`their own analyses of community considerations when
`developing their plans. Each state is uniquely
`knowledgeable about its own communities and well-
`positioned to consider the possible impacts of plans on
`vulnerable communities within its state. Conducting
`state-specific analyses would not only help states
`assess possible impacts of plan options, but it would
`also enhance a state’s understanding of the means to
`engage these communities that would most effectively
`reach them and lead to valuable exchanges of
`information and concerns. A state analysis, together
`with the proximity analysis conducted by the EPA,
`would provide a solid foundation for engagement
`between a state and its communities.
`Such state-specific analyses need not be exhaustive.
`An examination of the options a state is considering
`
`
`
`1451
`
`in
`
`for its plan, and any projections of likely resulting
`increases in power plant emissions affecting low-
`income populations, communities of color populations,
`or indigenous communities, would be informative for
`communities. The analyses could include available air
`quality monitoring data and information from air
`quality models, and, if available, take into account
`information about local health vulnerabilities such as
`asthma rates or access to healthcare. Alternatively, a
`simple analysis may
`consider expected EGU
`utilization in geographic proximity to overburdened
`communities. The EPA will provide states with
`information on its publicly available environmental
`justice screening and mapping tool, EJ SCREEN,
`which they may use in conducting a state-specific
`analysis. The EPA will also provide states with
`resources containing examples of analyses that other
`states have conducted to examine the impacts of their
`programs on overburdened communities. Additionally,
`the EPA encourages states to submit a copy of their
`analysis if they choose to conduct one, with their
`initial and final plan submittals.
`B. Community Engagement
`Development
`In sections VIII.D–E of this preamble, the EPA
`explains that states need to engage meaningfully with
`communities and other stakeholders during the initial
`and final plan submittal processes. Meaningful
`engagement
`includes
`outreach
`to
`vulnerable
`communities, sharing information and soliciting input
`on state plan development and on any accompanying
`assessments such as those described above, and
`selecting methods
`for engagement
`to support
`communities’ involvement at critical junctures in plan
`
`State
`
`Plan
`
`
`
`1452
`
`formulation and implementation. This engagement
`also includes providing the public the opportunity to
`comment on the state’s
`initial submittal and
`responding
`to
`significant
`comments
`received,
`including comments from vulnerable communities, as
`well as conducting a public hearing and responding to
`comments before a final state plan is submitted.
`Additionally, the EPA expects that states will conduct
`outreach meetings, which could
`include public
`hearings or listening sessions, before the initial
`submittal is made. The EPA also encourages states to
`provide background information about their proposed
`final state plan or their initial state plan in the
`appropriate languages in advance of their public
`hearing and at their public hearing. The EPA
`recommends that states provide translators and other
`resources at their public hearings, to ensure that
`members of the public can provide oral feedback.
`In the initial submittal, the final rule requires that
`states provide information to the agency about the
`community engagement they have undertaken and
`the means by which they intend to involve vulnerable
`communities and other stakeholders as they develop
`their final plan. Furthermore, as noted in section
`VIII.E of this preamble, in determining if states are
`eligible for a 2-year extension for submission of final
`plans, the rule requires that states demonstrate how
`they
`are meaningfully
`engaging
`vulnerable
`communities and other interested stakeholders as
`part of their public participation process. The EPA
`consulted its May 2015, Guidance on Considering
`Environmental Justice During the Development of
`Regulatory Actions, when crafting this rulemaking
`and recommends that states consult it to assist them
`
`
`
`1453
`
`vulnerable
`engaging meaningfully with
`in
`communities. 1016 Additionally, states in their initial
`submittal and 2017 update must show how they
`identified the communities with whom they are
`engaging as they develop their plans. Some suggested
`actions that states could take to engage actively with
`the public,
`including
`conducting meaningful
`engagement with vulnerable communities, are
`outlined
`in section VIII.E of
`this preamble.
`Additionally, as outlined in section VIII.D, the final
`plan submitted by states must include an overview of
`the public hearing(s) conducted and information on
`how the state ensured that the hearing(s) were
`accessible
`to stakeholders
`including vulnerable
`communities.
`The EPA is committed to supporting states in
`effectively engaging with communities as they develop
`and implement their plans. The EPA will provide
`training and other
`resources
`throughout
`the
`implementation process that will assist states and
`communities in understanding plan requirements and
`options for plan development. These trainings will be
`a continuation of those that the EPA has already
`conducted with communities and states both pre- and
`post-proposal. The EPA will reach out to a wide
`variety of community stakeholders, including groups
`representing environmental
`justice communities,
`faith-based organizations, academic organizations
`working with
`vulnerable
`and
`overburdened
`
`
`1016 Guidance on Considering Environmental Justice During
`the Development of Regulatory Actions. http://epa.gov/
`environmentaljustice/resources/policy/considering-ej-in-rule
`making-guide-final.pdf. May 2015.
`
`
`
`1454
`
`communities, affordable housing advocates, public
`health professionals, public health organizations, and
`other community stakeholders.
`C. Providing Communities With Access to Additional
`Resources
`In addition to providing resources to states, the EPA
`encourages states to be aware of existing efforts
`undertaken by other states aimed at providing low-
`income communities access to financial and technical
`assistance programs for EE and RE, and to consider
`similar approaches that may make sense for their own
`states. The EPA encourages states to consider
`targeting
`economic development
`resources
`to
`communities that are likely to be negatively affected
`by ongoing changes in the utility and related sectors
`in support of efforts to diversify their economies,
`attract new sources of investment, and create new jobs.
`One example of a program targeted at low-income
`communities is the Maryland EmPOWER Low Income
`Energy Efficiency Program (LIEEP).1017 The LIEEP
`program administered by the Maryland Department
`of Housing and Community Development (DHCD)
`helps low-income households through free installation
`of energy conservation materials (i.e., installation, hot
`water system
`improvements,
`lighting retrofits,
`furnace
`cleaning,
`tuning and
`safety
`repairs,
`refrigerator retrofits, etc.). 1018 Funding for this
`program
`is provided by EmPOWER Maryland
`partners: Baltimore Gas and Electric, Southern
`
`1017 EmPOWER Maryland Low Income Energy Efficiency
`Programs
`(LIEEP).
`http://www.mdhousing.org/Website/
`Programs/lieep/Default.aspx.
`1018 Ibid.
`
`
`
`1455
`
`Maryland Electric Cooperative, Delmarva Power,
`Allegheny Energy and Pepco. 1019 This program is
`available to both homeowners and renters. 1020
`Additionally, the Maryland Department of Housing
`provides low-income families with home heating bill
`assistance and furnace repairs and replacements
`through the Maryland Energy Assistance Program
`(MEAP). 1021 Maryland’s Electric Universal Service
`Program (EUSP) helps low-income electric customers
`with their electric bills.1022
`Another example of a program is EmPower New
`York, which provides no-cost energy solutions to low-
`income populations. 1023 Currently there are about
`100,000 people who are receiving assistance. Both
`homeowners and renters are eligible to receive
`assistance under this program.
` The types of
`assistance available include EE upgrades (plugging
`leaks, adding
`insulation,
`replacing
`inefficient
`refrigerators and freezers and new energy-efficient
`lighting). Other states, like the State of Colorado’s
`Energy Outreach Colorado program, offer similar
`resources for low-income populations.1024
`In 2013, the New York State Energy and Research
`Development Authority (NYSERDA) was able to
`
`1019 Ibid.
`1020 Ibid.
`1021 Energy Assistance. http://www.dhr.state.md.us/blog/
`?page_id=4326.
`1022 Ibid.
`1023 EmPower New York. http://www.nyserda.ny.gov/All-
`Programs/Programs/EmPower-New-York.
` Energy Outreach Colorado. http://www.energyout
`1024
`reach.org/about.
`
`
`
`1456
`
`secure a triple-A rated financial guarantee from the
`state’s Clean Water State Revolving Fund (SRF) for a
`$24 million bond issue. Proceeds funded residential
`EE loans that were available to all utility customers,
`including low-income households. SRF eligibility was
`based on the beneficial impact of EE investment in
`reducing atmospheric deposition on impaired water
`bodies consistent with Section 319 of the Clean Water
`Act.
`As discussed below, there are also many federal
`programs that can help low-income populations access
`the benefits of RE, EE, and the economic benefits of a
`cleaner energy economy.
`In the coming months, the EPA will continue to
`provide information and resources for communities
`and states on existing federal, state, local, and other
`financial assistance programs to encourage EE/RE
`opportunities
`that are already available
`to
`communities. For example the EPA will provide a
`catalog of current or recent state and local programs
`that have successfully helped communities adopt
`EE/RE measures. The goal of these resources is to
`help vulnerable communities gain the benefits of this
`rulemaking by encouraging that states use these types
`of tools in their state plans. The use of these RE/EE
`tools can also help low-income households reduce their
`electricity consumption and bills.
`The EPA recognizes the potential impacts that this
`rulemaking could have on jobs in communities.
`Therefore, in section VIII.G of this preamble, the EPA
`has outlined that states, in designing their state plans,
`should consider the effects of their plans on
`employment and overall economic development to
`
`
`
`1457
`
`realize the opportunities for economic growth and jobs
`that the plans offer. To the extent possible, states
`should try to assure that communities that may be
`expected to experience job losses can also take
`advantage of the opportunities for job growth or
`otherwise transition to healthy, sustainable economic
`growth (e.g., with regard to delivering EE measures
`and installing rooftop solar panels). Additionally, as
`part of the resources that we will be providing to states
`and low-income communities, the EPA will provide
`information on the Administration’s Partnerships for
`Opportunity
`and Workforce
`and Economic
`Revitalization
`(POWER)
`Initiative and
`other
`programs
`that
`specifically
`target
`economic
`development assistance to communities affected by
`changes in the coal industry and the utility power
`sector.1025
`D. Federal Programs and Resources Available to
`Communities
`Federal agencies have a history of bringing EE and
`RE to low-income communities. Earlier this summer,
`the Administration announced a new initiative to
`scale up access to solar energy and cut energy bills for
`all Americans, in particular low- and moderate-income
`communities, and to create a more inclusive solar
`workforce. As part of this new initiative, the U.S.
`Department of Energy (DOE), the U.S. Department of
`Housing and Urban Development
`(HUD), U.S.
`Department of Agriculture (USDA), and the EPA
`launched a National Community Solar Partnership to
`unlock access to solar energy for the nearly 50 percent
`of households and businesses that are renters or do not
`
`1025 http://www.eda.gov/power.
`
`
`
`1458
`
`have adequate roof space to install solar systems, with
`a focus on low- and moderate-income communities.
`The Administration also set a goal to install 300
`megawatts (MW) of RE in federally subsidized housing
`by 2020 and plants to provide technical assistance to
`make it easier to install solar energy on affordable
`housing, including clarifying how to use federal
`funding for EE and RE. To continue enhancing
`employment opportunities in the solar industry for all
`Americans, AmeriCorps is providing funding to deploy
`solar energy and create
`jobs
`in underserved
`communities, and DOE is working to expand solar
`energy education and opportunities for job training.
`These recent announcements build on the many
`existing federal programs and resources available to
`improve EE and accelerate the deployment of RE in
`vulnerable communities. Some examples of these
`resources include: the Department of Energy’s
`Weatherization Assistance Program, Health and
`Human Service’s Low
`Income Home Energy
`Assistance Program, the Department of Agriculture’s
`Energy Efficiency and Conservation Loan Program,
`High Cost Energy Grant Program, and the Rural
`Housing Service’s Multi-Family Housing Program.
`HUD
`supports EE
`improvements and
`the
`deployment of RE on affordable housing through its
`Energy Efficient Mortgage Program, Multifamily
`Property Assessed Clean Energy Pilot with the State
`of California, PowerSaver Program, and the use of
`Section 108 Community Development Block Grants.
`The Department of Treasury provides several tax
`credits to support RE development and EE in low-
`income communities, including the New Markets Tax
`Credit Program and the Low-Income Housing Tax
`
`
`
`1459
`
`Credit. The EPA’s RE-Powering America’s Land
`Initiative promotes
`the
`reuse
`of potentially
`contaminated lands, landfills and mine sites—many of
`which are
`in
`low-income communities—for RE
`through a combination of tailored redevelopment tools
`for communities and developers, as well as site-
`specific technical support. The EPA’s Green Power
`Partnership is increasing community use of renewable
`electricity across the country and in low-income
`communities. The EPA partners with EE programs
`throughout the country that leverage ENERGY STAR
`to deliver broad consumer energy-saving benefits, of
`particular value to low-income households who can
`least afford high energy bills. ENERGY STAR also
`works with houses of worship to reduce energy costs—
`savings that can then be repurposed to their
`community mission,
`including programs and
`assistance to residents in low-income communities.
`The EPA will be working with these federal partners
`and others to ensure that states and vulnerable
`communities have access to information on these
`programs and their resources.
`The federal government also has a number of
`programs to expand employment opportunities in the
`energy sector, including for underserved populations.
`Examples of these include HUD, DOE, and the
`Department of Education’s “STEM, Energy, and
`Economic Development” program; DOE’s Diversity in
`Science and Technology Advances National Clean
`Energy in Solar (DISTANCE-Solar) Program; Grid
`Engineering
`for Accelerated Renewable Energy
`Deployment (GEARED); the Department of Labor’s
`Trade Adjustment Assistance Community College and
`Career Training (TAACCCT), Apprenticeship USA
`
`
`
`1460
`
`Advancing Apprenticeships in the Energy Field, Job
`Corps Green Training and Greening of Centers, and
`YouthBuild; and the EPA’s Environmental Workforce
`Development and Job Training (EWDJT) program.
`E. Multi-Pollutant Planning and Co-Pollutants
`As outlined in the final Clean Power Plan, states
`and sources have continued obligations to meet all
`other CAA requirements addressing conventional
`pollutants. Because the CAA envisions control of
`these other pollutants as a continuous process
`(through provisions such as periodic review of the
`NAAQS and residual risk requirements under the
`MACT program), the EPA believes that the Clean
`Power Plan provides an opportunity for states to
`consider strategies for meeting future CAA planning
`obligations as they develop their plans under this
`rulemaking.
` Multi-pollutant
`strategies
`that
`incorporate criteria pollutant reductions over the
`planning horizons specific to particular states, jointly
`with strategies for reducing CO2 emissions from
`affected EGUs needed to meet Clean Power Plan
`requirements over the time horizon of this rule, may
`accomplish greater environmental results with lower
`long-term costs. Such strategies may also provide
`opportunities for states, communities, and affected
`facilities to consider the most effective means of
`meeting
`these
`obligations while
`limiting
`or
`eliminating localized emission increases that would
`otherwise
`affect
`overburdened
`communities.
`Furthermore, this type of multi-pollutant approach
`has been suggested by states and regulated sources in
`past rulemakings as a tool to determine the best
`system of emission reductions. The EPA recommends
`that states consider such strategies in consultation
`
`
`
`1461
`
`with their communities, affected facilities, and other
`stakeholders.
`Air quality in a given area is affected by emissions
`from nearby sources and may be influenced by
`emissions that travel hundreds of miles and mix with
`emissions from other sources.1026 In the Cross-State
`Air Pollution Rule the EPA used its authority to
`reduce emissions that significantly contribute to
`downwind exposures. The RIA for the final Cross-
`State Air Pollution Rule anticipates substantial health
`benefits for the popul
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