Executive Briefings

Proposed EPA Emissions Rule Called 'Illegal' by Industry Groups, States

An Environmental Protection Agency proposed rule that would require modified and reconstructed power plants to meet two different carbon dioxide emissions standards under separate provisions of the Clean Air Act is illegal, states and industry groups said.

Proposed EPA Emissions Rule Called 'Illegal' by Industry Groups, States

“The EPA provides no discussion regarding how an affected [electricity generating unit] could meet two different standards, the basis for the requirement to do so, or any analysis to support why such a requirement would be necessary or beneficial,” the Southeastern Legal Foundation said in its comments on the proposed rule.

Industry groups and some states also argued that the EPA's proposed carbon dioxide performance standards for modified power plants are too stringent and based on flawed analysis. The comment period closed Oct. 16.

The EPA's proposed carbon dioxide emissions standards for modified and reconstructed power plants (RIN 2060-AR88) issued under Section 111(b) of the Clean Air Act largely mandates operating practices and equipment upgrades to ensure those facilities are operating as efficiently as possible (79 Fed. Reg. 34,959).

Read Full Article

“The EPA provides no discussion regarding how an affected [electricity generating unit] could meet two different standards, the basis for the requirement to do so, or any analysis to support why such a requirement would be necessary or beneficial,” the Southeastern Legal Foundation said in its comments on the proposed rule.

Industry groups and some states also argued that the EPA's proposed carbon dioxide performance standards for modified power plants are too stringent and based on flawed analysis. The comment period closed Oct. 16.

The EPA's proposed carbon dioxide emissions standards for modified and reconstructed power plants (RIN 2060-AR88) issued under Section 111(b) of the Clean Air Act largely mandates operating practices and equipment upgrades to ensure those facilities are operating as efficiently as possible (79 Fed. Reg. 34,959).

Read Full Article

Proposed EPA Emissions Rule Called 'Illegal' by Industry Groups, States