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New source performance standards, §111

EPA’s Novel Interpretation of “Best System of Emission Reduction” for Existing Electric Generating Units Violates the Clean Air Act

When designating the “best system of emission reduction” in its Clean Power Plan, EPA considered several factors far beyond the fencelines and control of the regulated power plants. The clear statutory language, context, and regulatory...

Designing CO2 Performance Standards for a Transitioning Electricity Sector: A Multi-Benefits Framework

A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity...

Apples and Oranges: Assessing the Stringency of EPA’s Clean Power Plan

An accurate assessment of the stringency of state emission goals under EPA’s proposed Clean Power Plan compares state emission goals to adjusted state emission rates that incorporate known and reasonably foreseeable measures that will...

Section 111(d) and the Clean Power Plan: The Legal Foundation for Strong, Flexible, and Cost-Effective Carbon Pollution Standards for Existing Power Plants

EPA’s Clean Power Plan is a rational, solid rulemaking designed to deliver flexible, efficient control of greenhouse gas emissions from existing fossil fuel-fired power plants. EPA has identified the best system of emission reduction...

Historical Perspectives on §111(d) of the Clean Air Act

Looking at the history of the Clean Air Act provides some guidance on what Congress intended when it required the “best system of emission reduction” under §111(d) and on EPA’s supervisory authority over state plans. But the drafting...

Dedicated ELR Issue on the Proposed Clean Power Plan: Introduction

On June 18, 2014, EPA officially proposed the Clean Power Plan—a rule that aims to reduce CO2 emissions from the nation’s existing fleet of fossil fuel-fired power plants. The proposal was developed pursuant to CAA §111(d), a section of...

Regulation of CO2 Emissions From Existing Power Plants Under §111(d) of the Clean Air Act: Program Design and Statutory Authority

EPA is establishing carbon dioxide (CO2) emission standards for existing electric generating units (EGUs) under §111(d) of the Clean Air Act (CAA). The prospect of undertaking such a significant regulatory program under the authority of...

Resolved: EPA and States Can Regulate Emissions Outside the Facility Fence Line Under Clean Air Act §111

Whether U.S. EPA and states can regulate emissions outside the facility fence line is a critical factor in shaping the regulatory response to climate change using Clean Air Act §111. There has been much rhetoric about the...

How Best to Use CAA 118(d) to Regulate Existing Power Plants' Carbon Emissions

President Barack Obama has directed EPA “to use your authority under §§111(b) and 111(d) of the Clean Air Act to issue standards, regulations, or guidelines, as appropriate, that address carbon pollution from modified, reconstructed,...

Should EPA Use Emissions Averaging or Cap and Trade to Implement §111(d) of the Clean Air Act?

Fossil fuel-fired electric generating units (EGUs) account for 40% of the U.S. annual greenhouse gas (GHG) emissions. No federal regulations currently limit those releases. Two months ago, President Barack Obama ordered the U.S....