Update: Clean Power Plan Published in Federal Register [US]

On October 23rd, 2015, the Environmental Protection Agency published the Clean Power Plan in the Federal Register. The Plan is expected to reduce carbon pollution by 32 percent below 2005 levels by 2030. 

60 days to challenge rule

Publication of the rule opens a 60–day window of opportunity to legally challenge the Plan. Several industry groups, the state of Oklahoma, and a 24-state coalition led by West Virginia have already filed suit today and, if their challenges are successful, federal courts may prevent the Clean Power Plan from becoming effective on its scheduled date of December 22nd, 2015.

Carbon pollution standards

The EPA also published the carbon pollution standards for new, modified and reconstructed power plants.

These carbon emission limitations apply to new sources (fossil fuel-fired power plants that commenced construction after January 8th, 2014) or to an existing unit that meets certain Clean Air Act criteria for being “modified” or “reconstructed.”

This final rule establishes separate standards for two types of fossil-fuel fired sources: stationary combustion turbines (generally firing natural gas) and electric utility steam generating units (generally firing coal).

The greenhouse gas standards for new, modified, and reconstructed power plants became effective on October 23rd, 2015.

Red-on-line EHS Legalist

Sources:

40 CFR 60

Clean Air Act

Final Rule: Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, Federal Register, 79 FR 67406, October 23rd, 2015.

Final Rule: Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, Federal Register, 80 FR 64509, October 23rd, 2015.

Sharon Montazeri, Obama Administration and U.S. EPA Announce Final Clean Power Plan for Existing Power Plants and NSPS for Greenhouse Gas Emissions from New or Modified Power Plants, Red-on-line USA, August 7th, 2015.

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