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EPA/OAR RIN: 2060-AV10 Publication ID: Fall 2021 
Title: Emission Guidelines for Greenhouse Gas Emissions from Fossil Fuel-Fired Existing Electric Generating Units 

On January 19, 2021, the D.C. Circuit Court issued an opinion vacating the Affordable Clean Energy Rule (found at 40 CFR part 60, subpart UUUUa) – the previously applicable emission guidelines for greenhouse gas (GHG) emissions from existing electric generating units (i.e. EGUs). The EPA is working on a new set of emission guidelines for states to follow in submitting state plans to establish and implement standards of performance for greenhouse gas emissions from existing fossil fuel-fired EGUs.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 40 CFR 60 UUUU   
Legal Authority: 42 U.S.C. 7411 Clean Air Act   
Legal Deadline:  None

Statement of Need: There are no EPA regulations on the books for greenhouse gases from existing fossil-fuel fired electric generating units. Previous regulations of this nature have either been vacated or repealed prior to implementation.

Summary of the Legal Basis: Clean Air Act section 111(d) provides the legal framework for establishing greenhouse gas emission standards for existing electric generating units.

Alternatives: There are no alternatives at this time.

Anticipated Costs and Benefits: EPA is still evaluating the scope and associated costs, benefits and reductions with a prospective rule.

Risks: EPA is still evaluating the scope and risks with a prospective rule.

Action Date FR Cite
NPRM  07/00/2022 
Final Rule  07/00/2023 
Additional Information: .
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: No  Federalism: Undetermined 
Energy Effects: Statement of Energy Effects planned as required by Executive Order 13211.  Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Nicholas Swanson
Environmental Protection Agency
Office of Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-4080

Nick Hutson
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-2968
Fax:919 541-4991