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EPA/OAR RIN: 2060-AT67 Publication ID: Fall 2017 
Title: ●State Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units 
Abstract:

The Clean Power Plan (CPP), 80 FR 64662 (October 23, 2015), was promulgated under section 111 of the Clean Air Act. 42 U.S.C. 7411. Due to concerns about the EPA's legal authority and record, 27 states and a number of other parties sought judicial review of the CPP in the D.C. Circuit. State of West Virginia v. EPA, No. 15-1363 (and consolidated cases) (D.C. Cir.). On February 9, 2016, the Supreme Court stayed implementation of the CPP pending judicial review. Following full merits briefing, oral argument was held before the D.C. Circuit, sitting en banc, on September 27, 2016. That case is currently pending in the D.C. Circuit. On March 28, 2017, President Trump issued Executive Order 13783 establishing a national policy in favor of energy independence, economic growth and the rule of law. The Executive Order specifically directed the EPA to review and, if appropriate, initiate reconsideration proceedings to suspend, revise or rescind the CPP. The EPA has now conducted its review of the CPP, as directed by the Executive Order, and has concluded that "suspension, revision, or rescission of [the CPP] may be appropriate" on the basis of the agency's reinterpretation of the statutory provisions underlying the CPP. On October 10, 2017, the Administrator signed a Federal Register notice proposing to repeal the CPP. In light of that proposed repeal, the EPA will be signing, in the near future, an advanced notice of proposed rulemaking that will solicit information on systems of emission reduction and provide notice of the agency's interest in developing a rule similarly intended to reduce carbon dioxide emissions from existing fossil-fueled electric utility generating units and to solicit information for the agency to consider in developing such a rule.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 60   
Legal Authority: 42 U.S.C. 7411 Clean Air Act   
Legal Deadline:  None

Statement of Need:

The EPA has conducted its initial review of the CPP, as directed by Executive Order 13783, and has concluded that "suspension, revision, or rescission of [the CPP] may be appropriate" on the basis of the agency's proposed reinterpretation of the statutory provisions underlying the CPP. In light of the EPA's proposed repeal of the CPP, the agency will issue an advanced notice of proposed rulemaking providing notice that the agency is considering whether it is appropriate to propose a replacement rule similarly intended to reduce carbon dioxide emissions from existing fossil-fueled electric generating units and will solicit information on the development of such a proposal. The EPA will fully consider all submitted information before initiating a rulemaking effort.

Summary of the Legal Basis:

CAA section 111, 42 U.S.C. 7411, provides the legal framework and basis for a potential replacement rule that the Agency is considering developing.

Alternatives:

Not yet determined. If the EPA determines, based on responses to the ANPRM, that it should undertake a rulemaking for a replacement for the CPP, then the Agency will consider alternatives as it develops a proposed rule.

Anticipated Costs and Benefits:

Not yet determined. If the EPA determines, based on responses to the ANPRM, that it should undertake a rulemaking for a replacement for the CPP, then the Agency will assess the costs and benefits as it develops a proposed rule.

Risks:

Not yet determined. If the EPA determines, based on responses to the ANPRM, that it should undertake a rulemaking for a replacement for the CPP, then the Agency will assess the risks to the extent feasible as it develops a proposed rule.

Timetable:
Action Date FR Cite
ANPRM  11/00/2017 
NPRM  06/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: No  Federalism: Yes 
Energy Effects: Statement of Energy Effects planned as required by Executive Order 13211.  Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Nick Hutson
Environmental Protection Agency
Office of Air and Radiation
D243-01,
Research Triangle Park, NC 27711
Phone:919 541-2968
Email: hutson.nick@epa.gov

Steve Fruh
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-2837
Fax:919 541-4991
Email: fruh.steve@epa.gov