Experts: If Clean Power Plan Perishes, GHG Regulation Almost Certain Under NAAQS Program
If the Clean Power Plan is scrapped or weakened, the Environmental Protection Agency (EPA) may be forced to regulate greenhouse gases (GHGs) emitted by existing power plant with wider repercussions under its National Ambient Air Quality Standards (NAAQS) program, experts have warned.
While President-Elect Donald Trump promised to “scrap” the Clean Power Plan during his presidential campaign, the power sector has grappled with regulatory uncertainty since the Supreme Court issued a stay of the rule that establishes the first federal GHG limits for existing fossil fuel–fired power plants in February 2016. The rule, finalized in 2015 under Section 111 (d) of the Clean Air Act, has deeply divided the nation and U.S. power sector.
Eighteen states (plus the District of Columbia) supported the rule in the merits litigation: California, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Mexico, New York, Oregon, Rhode Island, Virginia, Vermont, and Washington. A number of power companies are also participating as intervenors, including Calpine, Pacific Gas & Electric, NextEra, and Southern California Edison Co.…