View Rule

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.

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.