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The Environmental Debate, 3rd Edition

Document 182: The EPA’S Clean Power Plan (2015)

In August 2015, Gina McCarthy, the EPA administrator in the Obama administration published “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” usually referred to as The Clean Power Plan, establishing the first nationwide limits on pollution from power plant smokestacks. The guidelines, which aimed to cut carbon pollution from the power sector by 32% below 2005 levels by 2030, formed the basis for the U.S. position in its negotiations on the Paris Climate Accords of 2015, from which President Trump withdrew shortly after he was inaugurated in 2018. Although Trump’s EPA administrator, Scott Pruitt, would like to eliminate the Clean Power Plan, nineteen states have already publicly pledged to work toward compliance with the plan.

SUMMARY: In this action, the Environmental Protection Agency (EPA) is establishing final emission guidelines for states to follow in developing plans to reduce greenhouse gas (GHG) emissions from existing fossil fuel-fired electric generating units (EGUs). Specifically, the EPA is establishing: 1) carbon dioxide (CO2) emission performance rates representing the best system of emission reduction (BSER) for two subcategories of existing fossil fuel-fired EGUs – fossil fuel-fired electric utility steam generating units and stationary combustion turbines, 2) state-specific CO2 goals reflecting the CO2 emission performance rates, and 3) guidelines for the development, submittal and implementation of state plans that establish emission standards or other measures to implement the CO2 emission performance rates, which may be accomplished by meeting the state goals. This final rule will continue progress already underway in the U.S. to reduce CO2 emissions from the utility power sector.

A. Executive Summary

1. Introduction

This final rule is a significant step forward in reducing greenhouse gas (GHG) emissions in the U.S. In this action, the EPA is establishing for the first time GHG emission guidelines for existing power plants. These final emission guidelines, which rely in large part on already clearly emerging growth in clean energy innovation, development and deployment, will lead to significant carbon dioxide (CO2) emission reductions from the utility power sector that will help protect human health and the environment from the impacts of climate change. This rule establishes, at the same time, the foundation for longer term GHG emission reduction strategies necessary to address climate change and, in so doing, confirms the international leadership of the U.S. in the global effort to address climate change. In this final rule, we have taken care to ensure that achievement of the required emission reductions will not compromise the reliability of our electric system, or the affordability of electricity for consumers. This final rule is the result of unprecedented outreach and engagement with states, tribes, utilities, and other stakeholders, with stakeholders providing more than 4.3 million comments on the proposed rule. In this final rule, we have addressed the comments and concerns of states and other stakeholders while staying consistent with the law. As a result, we have followed through on our commitment to issue a plan that is fair, flexible and relies on the accelerating transition to cleaner power generation that is already well underway in the utility power sector. Under the authority of Clean Air Act (CAA) section 111(d), the EPA is establishing CO2 emission guidelines for existing fossil fuel-fired electric generating units (EGUs) – the Clean Power Plan. These final guidelines, when fully implemented, will achieve significant reductions in CO2 emissions by 2030, while offering states and utilities substantial flexibility and latitude in achieving these reductions. In this final rule, the EPA is establishing a CO2 emission performance rate for each of two subcategories of fossil fuel-fired EGUs – fossil fuel-fired electric steam generating units and stationary combustion turbines – that expresses the “best system of emissions reduction… adequately demonstrated” (BSER) for CO2 from the power sector.

2. Purpose of this rule

The purpose of this rule is to protect human health and the environment by reducing CO2 emissions from fossil fuel-fired power plants in the U.S. These plants are by far the largest domestic stationary source of emissions of CO2, the most prevalent of the group of air pollutant GHGs that the EPA has determined endangers public health and welfare through its contribution to climate change. This rule establishes for the first time emission guidelines for existing power plants. These guidelines will lead to significant reductions in CO2 emissions, result in cleaner generation from the existing power plant fleet, and support continued investments by the industry in cleaner power generation to ensure reliable, affordable electricity now and into the future. Concurrent with this action, the EPA is also issuing a final rule that establishes CO2 emission standards of performance for new, modified, and reconstructed power plants. Together, these rules will reduce CO2 emissions by a substantial amount while ensuring that the utility power sector in the U.S. can continue to supply reliable and affordable electricity to all Americans using a diverse fuel supply. As with past EPA rules addressing air pollution from the utility power sector, these guidelines have been designed with a clear recognition of the unique features of this sector. Specifically, the agency recognizes that utilities provide an essential public service and are regulated and managed in ways unlike any other industrial activity. In providing assurances that the emission reductions required by this rule can be achieved without compromising continued reliable, affordable electricity, this final rule fully accounts for the critical service utilities provide. As with past rules under CAA section 111, this rule relies on proven technologies and measures to set achievable emission performance rates that will lead to cost-effective pollutant emission reductions, in this case CO2 emission reductions at power plants, across the country. In fact, the emission guidelines reflect strategies, technologies and approaches already in widespread use by power companies and states.

Source: www.gpo.gov/ “Rules and Regulations,” Federal Register, Vol. 80, No. 205 Washington D.C. GPO (October 23, 2015), pp. 64662-64.

Citation Types

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MLA 9th
"Document 182: The EPA’S Clean Power Plan (2015)." The Environmental Debate, 3rd Edition, edited by Peninah Neimark & Peter Rhoades Mott, Salem Press, 2017. Salem Online, online.salempress.com/articleDetails.do?articleName=Envd3e_0194.
APA 7th
Document 182: The EPA’S Clean Power Plan (2015). The Environmental Debate, 3rd Edition, In P. Neimark & P. R. Mott (Eds.), Salem Press, 2017. Salem Online, online.salempress.com/articleDetails.do?articleName=Envd3e_0194.
CMOS 17th
"Document 182: The EPA’S Clean Power Plan (2015)." The Environmental Debate, 3rd Edition, Edited by Peninah Neimark & Peter Rhoades Mott. Salem Press, 2017. Salem Online, online.salempress.com/articleDetails.do?articleName=Envd3e_0194.