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EPA/OAR RIN: 2060-AT67 Publication ID: Fall 2018 
Title: Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program 
Abstract:

On April 4, 2017, the EPA announced it is reviewing the Clean Power Plan (CPP), found at 40 CFR part 60, subpart UUUU via Executive Order 13771. The EPA has, in a separate action, proposed to repeal the CPP. The EPA solicited input on a CPP replacement rule through an Advanced Notice of Proposed Rule Making (ANPRM) published on December 28, 2017. On August 31, 2018, the EPA published the proposed Affordable Clean Energy (ACE) rule in the Federal Register as a replacement for the CPP.

 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
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 and issued ANPRM, the agency has signed the Affordable Clean Energy (ACE) rule as a replacement to the CPP. The proposed ACE rule is intended to reduce carbon dioxide emissions from existing fossil-fueled electric generating units. The proposal solicits information on the development of such a regulation with the intention of promulgating a final replacement.

Summary of the Legal Basis:

Clean Air Act, 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.

Anticipated Costs and Benefits:

Not yet determined. In the intended proposed replacement to the CPP, the Agency will assess the costs and benefits.

Risks:

Not yet determined. In the intended proposed replacement to the CPP, the Agency will assess the risks to the extent feasible.

Timetable:
Action Date FR Cite
ANPRM  12/28/2017  82 FR 61507   
NPRM  08/31/2018  83 FR 44746   
NPRM Comment Period End  10/30/2018 
Final Rule  03/00/2019 
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:
Nicholas Swanson
Environmental Protection Agency
Office of Air and Radiation
E143-03,
Research Triangle Park, NC 27711
Phone:919 541-4080
Email: swanson.nicholas@epa.gov

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