• Review of EPA Authority for Upcoming Rules for Greenhouse Gas Emissions from Electric Power Plants
  • February 10, 2014 | Authors: Jennifer M. Hayes; Charles T. Wehland
  • Law Firms: Jones Day - Pittsburgh Office ; Jones Day - Chicago Office
  • The Environmental Protection Agency (“EPA”) has proposed regulations of carbon emissions from new fossil fuel-fired power plants under the authority of Section 111(b) of the Clean Air Act (“CAA”). The agency proposes one set of standards for gas-fired units and second pair of alternative standards for coal-fired units. Most new combined cycle gas-fired units already meet the proposed standard for gas-fired units. By contrast, neither recently built nor recently proposed coal-fired units can meet EPA’s proposed standard without using carbon capture and sequestration (“CCS”), a technology that some electric utilities are likely to assert has not yet been deployed cost-effectively on a commercial basis. These new source performance standards (“NSPS”) apply from the date of publication of the proposal in the Federal Register, requiring proposed coal plants that have not commenced construction as of publication to meet the new performance standard.