EPA Seeks Comments on New Greenhouse Gas Emissions for Power Plants

On December 28, the Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking (“ADPRM”) (82 FR 61507) seeking comments from the public as it considers proposing new guidelines for greenhouse gas emissions (GHG) from existing electric utility generating units (“EGUs”). The ADPRM “focuses on considerations pertinent to a potential new rule establishing emission guidelines for GHG (likely expressed as carbon dioxide CO2 ) from existing [electric utility generating units (EGUs)]. In this ANPRM, the EPA sets out and requests comments on the roles, responsibilities, and limitations of the federal government, state governments, and regulated entities in developing and implementing such a rule, and the EPA solicits information regarding the appropriate scope of such a rule and associated technologies and approaches.” Further, “this ANPRM solicits comment on what the EPA should include in a potential new existing-source regulation under the [Clean Air Act (CAA)] section 111(d), including comments on aspects of the States’ and the EPA’s role in that process, on the Best System of Emission Reduction in this context under the statutory interpretation contained in the proposed repeal of the [Clean Power Plan(CPP)], 82 FR 48035 (October 16, 2017).” EPA lists a number of available systems of GHG emission reduction, the role, if any, on carbon capture and storage (CCS) technologies, and potential interaction with other regulatory programs such as New Source Review and New Source Performance Standards. Comments must be received on or before February 26, 2018.