“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).

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