Kansas Common Sense: Addressing Inconsistent Compliance Deadlines for Kansas Utilities and Their Customers

Statement

On Wednesday, I introduced S. 2300 along with Senator Pat Roberts to give states -- including Kansas -- adequate time to comply with emissions reduction standards set forth by the Environmental Protection Agency (EPA) in the Cross State Air Pollution Rule (CSAPR). The Kansas delegation in the House of Representatives led by Congressman Mike Pompeo introduced identical companion legislation, H.R. 4387.

On July 6, 2011, the EPA finalized a rule known as CSAPR, which requires states to improve air quality by reducing power plant emissions. A December 2008 court decision kept the requirements of the 2005 Clean Air Interstate Rule (CAIR) in place temporarily but directed EPA to issue a new rule to implement Clean Air Act requirements concerning the transport of air pollution across state boundaries. CSAPR replaces EPA's 2005 CAIR. Kansas was not regulated under the provisions of CAIR. Kansas was brought into CSAPR thereby forcing Kansas utilities to comply with costly emissions reductions standards in a matter of months rather than years. Under the current timeline, CSAPR will force utility providers to choose between either providing adequate power and facing criminal penalties or cutting power and running afoul of reliability laws because states and utilities were only given approximately 180 days to comply with the new emissions standards. S. 2300 will give states and utilities until January 1, 2017 to comply with CSAPR -- sufficient time to comply with the new standards.

Kansas utilities were already reducing their emissions voluntarily and have agreed to reduce them further -- they just need more time to make the appropriate changes. This legislation will support their efforts to reduce emissions, while also preventing a significant disruption of service for Kansas consumers. I will continue to educate my colleagues in the Senate about the unfair, unnecessary predicament this rule has placed on Kansas homes and businesses.

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