Introduction

On October 23, 2015 the EPA published the final Clean Power Plan.1 Section IX of the
CPP addresses environmental justice aspects of the CPP and its implementation by the
states. EPA developed this entirely new part of its CPP initiative in response to the public
comments it received from environmental justice, community-based and faith-based
organizations. The purpose of this memo is to identify the significant environmental
justice recommendations, requirements and resources that are now part of EPAs CPP
initiative.
U.S. EPAs proposal for the final Clean Power Plan includes several exciting challenges
related to environmental justice. These elements provide a template for activities in
Illinois related to environmental justice.
1. Proximity Analysis
EPA now provides demographic data on communities located near power plants and has
made clear that states should conduct their own analyses when developing their plans.2 A
state analysis should include options the state is considering for its plan and any expected
increases in power plant emissions that may affect low-income populations, communities
of color, or indigenous communities.3 The analyses should include available air quality
monitoring data and information from air quality models, and, if available, consider
information about local health vulnerabilities, such as asthma rates or access to health
care.4 The analyses should also consider expected EGU utilization near overburdened
communities.5 EPA will provide states with information on its EJ mapping tool and will
provide states with resources containing examples of analyses that other states have
conducted to examine the impacts of their programs on overburdened communities.6
States should submit a copy of their analysis with their initial and final plan submittals.7
2. Community Engagement
EPA has made clear that a state should provide opportunities for the public to comment
on the states initial submittal before a final plan is submitted.8 Further, EPA expects
states to conduct outreach meetings before the initial submittal is made. 9 EPA has
unambiguously stated that states should provide background information about their
plans in the appropriate languages and provide translators to ensure there are no
communication barriers.10 In the initial submittal, the final rule requires that states
provide information to the agency about the community engagement they have
1

http://www.gpo.gov/fdsys/pkg/FR-2015-10-23/pdf/2015-22842.pdf
Clean Power Plan Final Rule (CPP) at 1321
3
Id. at 1322
4
Id.
5
Id.
6
Id.
7
Id. at 1322-23
8
Id. at 1323
9
Id.
10
Id. at 1323-24
2

undertaken and the means by which they intend to involve vulnerable communities. 11 In
order for a state to be eligible for a 2-year extension for submission of a final plan, a state
must demonstrate how they are engaging with vulnerable communities and
stakeholders.12 States are also required to show how they identified these communities.13
The plan must include an overview of the public hearings and information regarding how
the state ensured the hearings was accessible to stakeholders.14 States must also show
how they identified these communities. 15 Plans must include an overview of the public
hearings conducted and information regarding how the state ensured that the hearings
were accessible to stakeholders. 16 EPA will provide training and other resources to aid
states in involving vulnerable communities while creating their plans. 17
3. Providing Communities with Access to Additional Resources
EPA has made clear that states should provide resources to communities that will be
adversely impacted by changes in the energy industry as a result of the plan and support
efforts to mitigate these impacts. 18 Further, states should consider the effects of their
plans on employment and overall economic development.19 EPA will provide a catalogue
of current or recent state and local programs that have successfully helped communities
adopt energy efficient and renewable energy programs. 20
4. Assessing Impacts of State Plan Implementation
EPA will independently assess the impacts of state plans.21 However, EPA has specified
that states should conduct their own assessments to determine the impacts of their plans
on overburdened communities. 22
5. EPA Continued Engagement
EPA is committed to providing training and resources to help community and state
engagement. 23 EPA will provide states with recommendations on the best means to
engage with vulnerable communities. 24 EPA will also provide examples of analyses that

11

Id. at 1324
Id.
13
Id.
14
Id.
15
Id.
16
Id. at 1325
17
Id.
18
Id. at 1326
19
Id. at 1328-29
20
Id. at 1327
21
Id. at 1336
22
Id. at 1337
23
Id. at 1338
24
Id.
12

other states have conducted when determining impacts of their plan on vulnerable
communities. 25
6. Clean Energy Incentive Program (CEIP)
The CEIP is a new feature of the CPP that creates incentives for early developers of
renewable energy and/or energy efficiency programs in low-income communities.26 The
incentives are in the form of carbon credit rewards, which become a marketable
commodity for entities that develop qualifying renewable energy or low-income
community energy efficiency projects that are in operation in 2020 and 2021. For credits
to be awarded, construction must be commenced after a final state plan or after
September 6, 2018 if no final state plan is yet submitted. Renewable energy must be
generated in 2020 and 2021 to be awarded credits. The energy efficiency program is
required to reduce demand during the years of 2020 and 2021. Notably, all energy
efficiency upgrades must be located in low-income communities in order to obtain the
credits.27
Because the EPA introduced the CEIP at the conclusion of the rulemaking process, we
strongly recommend CEJN to prepare written comments on this aspect of the CPP by the
deadline of January 21, 2015.28

25

Id. at 1339
Id. at 866
27
Id. at 875
28
http://www2.epa.gov/cleanpowerplan/how-comment-proposed-federal-plan-clean-power-plan
26