EPA Issues Advance Notice of Proposed Rulemaking to Replace Clean Power Plan

EPA published an advance notice of proposed rulemaking (ANPRM) in which it announced that it is considering proposing a rule to replace the Clean Power Plan. The ANPRM solicits comment on what the EPA should include in a potential new rule to regulate GHG emissions from existing power plants under CAA section 111(d). Specifically, EPA has requested input on:

(1) The best system of emission reduction (BSER) that can be deployed at or to an existing power plant, at the source-specific level, consistent with the agency’s new interpretation of CAA section 111. EPA notes that such measures would be limited to emission reduction based on a physical or operational change to a building, structure, facility, or installation at that source, rather than measures that the source’s owner or operator can implement on behalf of the source at another location.

(2) The roles and responsibilities of the States and the EPA in regulating existing EGUs for GHGs, and how much discretion states should have to depart from the EPA emission guidelines.

(3) Potential interactions between this and other regulatory programs.

Comments must be received on or before February 26, 2018.