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EPA/OAR RIN: 2060-AV10 Publication ID: Fall 2022 
Title: Emission Guidelines for Greenhouse Gas Emissions From Fossil Fuel-Fired Existing Electric Generating Units 

Fossil fuel-fired power plants are the nation’s second largest source of GHG pollution. On August 3, 2015, EPA promulgated its first emission guideline regulating greenhouse gases (GHGs) from existing fossil fuel-fired electric generating units (EGUs) in the Clean Power Plan (40 CFR part 60 UUUU), which was subsequently stayed by the U.S. Supreme Court. On June 19, 2019 EPA issued a new rule, the Affordable Clean Energy Rule (40 CFR part 60, subpart UUUUa) and a repeal of the Clean Power Plan. On January 19, 2021, the D.C. Circuit Court vacated the Affordable Clean Energy Rule and remanded the rule to EPA for further consideration consistent with its decision. On February 12, 2021, considering the D.C. Circuit’s decision, the EPA published a memorandum on the status of the Affordable Clean Energy rule and informed states not to continue the development or submittal of state plans in accordance with CAA section 111(d) guidelines for GHG emissions from power plants at this time. The U.S. Supreme Court then overturned the D.C. Circuit’s decision in the WV v EPA opinion in June 2022. EPA is considering the implications of this U.S. Supreme Court decision and is now undertaking a new rulemaking to establish emission guidelines under CAA 111(d) to limit GHG emissions from existing fossil fuel-fired EGUs. EPA anticipates issuing a proposed rule for this action in Spring 2023, and promulgating a final rule by Summer 2024.

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, subpart UUUUa     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 7411 Clean Air Act    42 U.S.C. 7414, 7601   
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 Previous regulations of this nature have either been vacated or repealed prior to implementation.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  04/00/2023 
Final Rule  06/00/2024 
Additional Information: .
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 
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