The U.S. Environmental Protection Agency on June 11 announced its proposal to repeal the 2024 Carbon Pollution Standards that regulates greenhouse gas emissions from existing and new power plants.
Specifically, EPA is proposing to repeal all GHG emissions standards for the power sector under Clean Air Act (CAA) section 111, the 2015 new source performance standards (NSPS,) codified in 40 CFR part 60, subpart TTTT; and the CPS codified in 40 CFR part 60, subparts TTTTa and UUUUb.
EPA finds that GHG emissions from power plants (oil, natural gas, and coal- fired power plants) don’t significantly endanger public health and welfare.
EPA is also proposing as an alternative, to repeal a narrower set of requirements that includes the emission guidelines for existing fossil fuel-fired steam generating units, the carbon capture and sequestration/storage (CCS)-based standards for coal-fired steam generating units undertaking a large modification, and the CCS-based standards for new base load stationary combustion turbines.
The alternative proposal covers:
• EPA is proposing to determine that 90 percent CCS is not the best system of emission reduction for existing long-term coal-fired steam generating units because 90 percent CCS has not been adequately demonstrated, and its costs are not reasonable.
• EPA is proposing to determine that 40 percent natural gas co-firing is not the BSER for existing medium-term coal-fired steam generating units. EPA is proposing to repeal the requirements in the emission guidelines related to existing long-term and medium-term coal-fired steam generating units.
• EPA is proposing to repeal the requirements in the emission guidelines related to existing long-term and medium-term coal-fired steam generating units.
• EPA is proposing to repeal the requirements in the emission guidelines related to natural gas- and oil-fired steam generating units.
• EPA is proposing that 90 percent CCS is neither adequately demonstrated nor cost-reasonable, the EPA is proposing to repeal the CCS-based requirements for coal-fired steam generating units undertaking a large modification.
• EPA is proposing that 90 percent CCS is neither adequately demonstrated nor cost-reasonable for new base load combustion turbines.
• EPA is proposing to determine that the phase 2 standards of performance in the CPS for new base load combustion turbines are not achievable. Consequently, the EPA is proposing to repeal the phase 2 CCS-based requirements for new base load stationary combustion turbines.
EPA proposes to repeal the 2024 amendments to Mercury Air Toxic Standards Residual Risk and Technology Review, reverting to the 2012 MATS Rule.
EPA explains that residual risk reviews conducted under both the Trump and Biden Administrations found the residual risk level to be acceptable and thus confirmed that no additional requirements were necessary. Additionally, EPA asserts that the 2024 amendments to MATS are not cost-effective and that repealing them would save $1 billion in compliance costs over the next decade.
EPA will provide a 45-day public comment period for both of these proposals once they are published in the Federal Register.
EPA’s goal is to issue final rules by the end of 2025, so the Trump Administration can defend legal challenges to the rules.
APPA staff is reviewing the text of the proposed regulations and will provide a summary and analysis of the proposed rules soon.
