Utah’s Third District Rep. Jason Chaffetz on Monday introduced legislation in the House to repeal the EPA’s Regional Haze Rule for Utah. A similar bill will be sponsored in the Senate by Utah Senator Mile Lee.
Chaffetz has the united support of the Utah Congressional delegation. He contends the EPA has assumed authority not granted in statute in order to impose significant costs without any discernible benefit.
The 1999 Regional Haze Rule required states to develop and implement air quality protection plans to reduce pollution that causes visibility impairment.
The EPA claimed the electrical generating units at Rocky Mountain Power’s Hunter and Huntington power plants cause or contribute to visibility impairment at the Grand Canyon, Arches, Bryce Canyon and Zion National Parks.
But the EPA rejected Utah’s Implementation Plan using criteria that, according to a news release from Rep. Chaffetz’s Office, is not granted in the statute. Specifics of the criteria were not disclosed and a call to Chaffetz’s Washington, D.C. Office for clarification was not returned.
$700 million retrofit
In rejecting the state plan, the EPA instead proposed the installation of selective catalytic reduction, or SCR controls at the Hunter and Huntington power plants. Rocky Mountain Power said the costs to install more emission controls could be as much as $700 million.
In the news release, Rep. Chaffetz said, “Such actions are typical of Obama-era federal overreach and must be repealed. By rejecting EPA’s Regional Haze Rule, we enable Utah to implement its existing plan to address air quality without imposing costly and unnecessary new burdens that raise the cost of living for all who consume power.”
Rocky Mountain Power spokesman Paul Murphy said, “The company has appealed the EPA ruling in the courts and will be filing briefs on the merits of the case this week.” He observed, “The proposed legislation aligns with what we’re trying to do, while the science does not support what the EPA is trying to do.”
Murphy pointed out the company has already spent $500 million on emission controls including nitrogen oxide burners, sulfur dioxide scrubbers and baghouses at both power plants. He said those controls are sufficient and the company will continue to pursue the appeal in court.
Rep. Chaffetz also noted in announcing the legislation that the sulfur dioxide that has been shown to contribute to haze has already been cut by 95 percent since the power plants installed SO2 scrubbers.
Sen. Lee said, “The EPA’s costly new regulations would add hundreds of millions to the power bills of working families and all for an imperceptible change in visibility.” Lee’s office said by the EPA’s own estimates, the Federal Implementation Plan will result in 5-10 percent rate increases.