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EPA issues final Affordable Clean Energy rule

Rule also repeals Clean Power Plan, issues new regs for implementing emission guidelines

Posted June 21, 2019

On June 19, EPA Administrator Andrew Wheeler signed a notice for publication in the Federal Register that finalizes three separate and distinct rulemakings pertaining to the Affordable Clean Energy (ACE) rule. Specifically, the rulemakings:

  1. Repeal the Clean Power Plan (CPP).
  2. Finalize the Affordable Clean Energy rule (ACE), consisting of Emission Guidelines for Greenhouse Gas (GHG) Emissions from Existing Electric Utility Generating Units (EGUs) under Clean Air Act (CAA) section 111(d), that will inform states on the development, submittal, and implementation of state plans to establish performance standards for GHG emissions from certain fossil fuel-fired EGUs. In ACE, the Agency is finalizing its determination that heat rate improvement (HRI) is the best system of emission reduction (BSER) for reducing GHG—specifically carbon dioxide (CO2)—emissions from existing coal-fired EGUs.
  3. Finalize new regulations for EPA and state implementation of ACE and any future emission guidelines issued under CAA section 111(d).

The rule takes effect 60 days after publication in the Federal Register.

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