A Technical Overview Of The EPA’s Sweeping New CO2 Rules
On Monday, President Barack Obama and U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy announced the roll-out of the Clean Power Plan (CPP) imposing carbon dioxide (CO2) standards on existing power plants. Given the intent of reducing CO2 emissions by 17% below 2005 levels by 2022 and 26% to 28% below 2005 levels by 2025, these rules will have a significant impact on industrial consumers of electricity, as well as on developers of fossil-fuel-fired and renewable (e.g., solar, biomass and wind) generation.
Obama has repeatedly stated his determination to regulate the roughly 40% of the nation’s greenhouse-gas (GHG) emissions that come from the energy sector. The EPA proposed rules on June 18, 2014, that would impose a complex program for regulating existing power plants. Monday’s rule brings the first stage of this rulemaking closer to a conclusion. Although the most attention is on the rules applicable to existing power plants, rules for regulation of CO2 from new and modified facilities is traveling in lockstep with the existing source rules.
Section 111(d) differs from the EPA’s conventional rulemaking authority. For new and modified power plants, the EPA simply issues standards (under CAA Section 111(b)) that are directly applicable to all new and modified affected facilities. The EPA proposed CO2 standards under CAA Section 111(b) for new power plants in January 2014 and for modified power plants in June 2014. The EPA’s 111(d) authority is more circumspect. Rarely employed, Section 111(d) grants the agency the authority to issue emission guidelines that then must be used by the states to craft programs that are consistent with the EPA’s stated objectives. These state programs must then be approved by the EPA. However, the guidelines are just that – options for how to create a program and not outright mandates as to what the state rules must entail. The EPA issued 111(d) standards for existing, unchanged power plants Monday that seek to establish a unique program unlike any other existing regulatory program.