US EPA
EPA Administrator, Gina McCarthy, signed the following notice on August 3, 2015, and EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version of the rule, it is not the official version of the rule for purposes of compliance. Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office’s FDSys website and on Regulations.gov in docket No. EPA-HQ-OAR-2013-0602. Once the official version of this document is published in the FR, this version will be removed from the Internet and replaced with a link to the official version.
Note: On August 13, 2015, we added bookmark features to this PDF to make it easier to navigate; no other changes were made and it is otherwise identical to the version posted on August 3, 2015.You will need Adobe Reader to view some of the files on this page. See EPA’s About PDF page to learn more.
Sixteen states are planning to file a lawsuit as soon as the rule is published, with business groups and possibly more states ready to join. The lawsuit will challenge the constitutionality of the rule, saying that the EPA is exceeding its authority.
Based on the timeline the EPA provided to the D.C. Circuit Court of Appeals in August, the rule is slated to be published by the end of October, say lawyers tracking the rule.
In September, EPA Administrator Gina McCarthy told the Senate Environment and Public Works Committee that the Clean Power Plan was sent to the Federal Register on Sept. 4 awaiting publication in October.
In a letter obtained by the Washington Examiner earlier this month, Oliver Potts, the director of the Federal Register, told Republican Sen. Shelley Moore Capito of West Virginia that he was unable to provide information on the timing of the rule.
Capito, who is chairwoman of subcommittees in both the environment and appropriations committees, asked the Office of the Federal Register to confirm when the EPA sent the rule, whether or not the agency has sent all information required for publication of the climate rules, if the EPA specified a specific date it wished to have the rule published and when the rule would be published.
Potts said none of the information could be disclosed as per federal rules.
Capito argued that delaying publication of the power plant regulations would slow state challenges to the Clean Power Plan being led by her state. She said that is troublesome because states are required to begin drafting compliance plans and submit them to the EPA by Sept. 16, 2016.
“Further delays in publication will imperil the ability of Congress and the federal judiciary to meaningfully review this rule before states must begin the process of complying with its costly mandates,” Capito wrote in a letter send to Potts Oct. 5.
In addition to 16 states ready to sue the agency, Capito also disclosed plans for the GOP to attack the rule.
“A prepublication version of the Clean Power Plan rule has been released and in response, I drafted a Congressional Review Act Resolution of Disapproval that would repeal the existing plant rule in its entirety,” she wrote. “Similar legislation is developing in the House of Representatives.”
Until the rule is published in the Federal Register, the litigation and congressional resolution to repeal the Clean Power Plan cannot proceed.
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I am an attorney in the Washington DC area, with a Doctor of Law in the US, attended the master program at the National School of Administration of Việt Nam, and graduated from Sài Gòn University Law School. I aso studied philosophy at the School of Letters in Sài Gòn.
I have worked as an anti-trust attorney for Federal Trade Commission and a litigator for a fortune-100 telecom company in Washington DC. I have taught law courses for legal professionals in Việt Nam and still counsel VN government agencies on legal matters. I have founded and managed businesses for me and my family, both law and non-law.
I have published many articles on national newspapers and radio stations in Việt Nam.
In 1989 I was one of the founding members of US-VN Trade Council, working to re-establish US-VN relationship.
Since the early 90's, I have established and managed VNFORUM and VNBIZ forum on VN-related matters; these forums are the subject of a PhD thesis by Dr. Caroline Valverde at UC-Berkeley and her book Transnationalizing Viet Nam.
I translate poetry and my translation of "A Request at Đồng Lộc Cemetery" is now engraved on a stone memorial at Đồng Lộc National Shrine in VN.
I study and teach the Bible and Buddhism. In 2009 I founded and still manage dotchuoinon.com on positive thinking and two other blogs on Buddhism. In 2015 a group of friends and I founded website CVD - Conversations on Vietnam Development (cvdvn.net).
I study the art of leadership with many friends who are religious, business and government leaders from many countries.
In October 2011 Phu Nu Publishing House in Hanoi published my book "Positive Thinking to Change Your Life", in Vietnamese (TƯ DUY TÍCH CỰC Thay Đổi Cuộc Sống).
In December 2013 Phu Nu Publishing House published my book "10 Core Values for Success".
I practice Jiu Jitsu and Tai Chi for health, and play guitar as a hobby, usually accompanying my wife Trần Lê Túy Phượng, aka singer Linh Phượng.
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