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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.

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.