EPA Finalizes Affordable Clean Energy Rule

Read the full story in the National Law Review.

On June 19, 2019, the Environmental Protection Agency (EPA) finalized three separate and distinct rulemakings as part of the Affordable Clean Energy (ACE) rulemaking package.  First, EPA finalized the repeal of the Obama administration’s Clean Power Plan (CPP).  Second, EPA promulgated the final ACE rule itself, which consists of emission guidelines requiring states to develop and submit to the EPA plans that establish standards of performance for CO2 emissions from certain existing coal-fired electric utility generating units (EGUs) within their jurisdictions.  Third, EPA finalized regulations governing implementation of the ACE rule and any future emission guidelines issued under Clean Air Act (CAA) Section 111(d).

EPA originally proposed not only the above actions but also certain revisions to the New Source Review (NSR) Program.  However, EPA has opted to finalize the NSR revisions at a later date.

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