North Carolina uses unique tactic against new EPA power rule

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RALEIGH, N.C. (AP) – Already among two dozen states suing to overturn new power plant emission rules, North Carolina is picking a separate fight with the Environmental Protection Agency by adopting a plan for compliance the agency is likely to reject.

North Carolina developed a proposal that ignores two of the three strategies recommended by the EPA.

John Evans of the Department of Environmental Quality explained the rationale during a November meeting before a state environmental panel. He argued that the main lawsuit by the states could be drawn out, making the state plan North Carolina’s best hope to fight it in court.

Several states have said they won’t submit any plan to the EPA, and about a dozen are hedging bets by developing compliance plans while they try to defeat the federal rules.

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